Section — Merkelbach, Pastoral Questions
§ 1. Examination of the Spouses
- Before the publication of the banns, the pastor must subject the persons about to marry to a serious examination, both concerning their free state and concerning impediments perhaps standing in the way of matrimony, and concerning Christian doctrine and especially conjugal duties.
- I. Examination concerning the free state.
Under grave sin it is prescribed to the pastor that he diligently institute an examination concerning the immunity of the spouses from every impediment which would render matrimony invalid or illicit. No cause excuses from that prescription, and even in danger of death it must be observed in the best possible manner.
a) 1. First of all, he should require from the spouses a testimonial of baptism received, namely when they received baptism in another parish, and this even if the other party is heterodox.
- If it is certainly established that baptism was either in no way or invalidly conferred, baptism must be conferred absolutely, unless, as is plain, there is question of a heterodox person refusing to embrace the Catholic faith.
- But if, after diligent investigation has been made, baptism remains positively doubtful, even if the doubt is very slight, it must be conferred under condition, unless again there is question of a heretic or schismatic unwilling to be converted.
- The testimonial of baptism must be recent, if there is question of Catholics, so that it may be able to serve for detecting impediments perhaps existing of bond, solemn vow, or sacred order. For by prescription of law, matrimony contracted, solemn religious profession, reception of the order of subdiaconate, and an authentic declaration of nullity of matrimony must be noted in the baptismal register, and annotations of this kind must be reported in the testimonial of baptism. (Can. 470 § 2.)
For non-Catholics even a non-recent testimonial of baptism suffices; but from them also it must always be required, unless there is question of a matrimony to be contracted with the impediment of disparity of cult dispensed.
- A testimonial of baptism extracted from the baptismal register must always be required when it can be had.
But if it cannot be had: 1° "In danger of death, if other proofs cannot be had, there suffices, unless contrary indications are present, the sworn affirmation of the contracting parties that they were baptized." (Can. 1019 § 2.)
2° Outside danger of death, "one witness above every exception is sufficient, or the oath of the baptized person himself, if he received baptism at an adult age." (Can. 779.)
b) The pastor must inquire whether any diriment or prohibiting impediment is present, even if there is question of occult impediments. Inquiry of this kind should be made especially by questioning the spouses; but, if there is question of occult impediments, by questioning each separately. If some occult and infamous impediment is present, the persons about to marry are not bound to reveal it to the pastor, but it suffices to reveal it to the confessor.
c) The pastor should ask the spouses whether they contract freely, whether they are being driven to matrimony by force, fear, or troublesome entreaties. It is especially fitting to question the woman concerning free consent.
- II. Examination concerning Christian doctrine and concerning the duties of the state of matrimony.
Unless this is altogether plain from the circumstances, the pastor should question the spouses concerning the chief truths of the Catholic faith, and should teach those who are ignorant. He should diligently instruct them concerning the proper duties of spouses and parents. Especially in our times let him insist upon showing the grave obligation of spouses to do nothing which impedes the generation of offspring. Finally, he should "earnestly exhort them that before the celebration of matrimony they diligently confess their sins and devoutly receive the Most Holy Eucharist." (Can. 1033.)
Let the pastor remember that the celebration of matrimony is rather often the final occasion given to him for addressing some of his parishioners; and therefore let him use that occasion to exhort them to a truly Christian life.