Article — Noldin, Summa of Moral Theology
Article One. On the Examination of the Betrothed.
550. By Whom and How It Must Be Instituted. 1. The parish priest before the proclamations, both by force of office and by positive law, is held under grave obligation to institute the examination of the betrothed, so that it may be established whether anything stands in the way of the matrimony to be celebrated by the betrothed, so that it could not be celebrated validly and licitly.
The parish priest from office is held to procure those things which are required for the valid and licit administration of the sacraments. Benedict XIV, by the constitution Nimiam licentiam, May 18, 1743, enjoined by positive law the obligation of diligently examining the betrothed, which the new Code confirms.1
- The examination must be instituted by the parish priest to whom belongs the right of assisting at the matrimony.2 If this right belongs to several, the parish priest of the bride is to be preferred.
With the consent of the parish priest of the bride, the parish priest of the bridegroom also can institute the examination and procure those things which are necessary. But if the bridegroom is impeded from betaking himself to the place of the bride in order to carry out the examination, his parish priest, at the request of the parish priest of the bride, institutes the examination and transmits his testimony to the parish priest of the bride.
- The examination must be instituted: a. concerning impediments both public and occult; b. concerning the freedom of consent, especially of the woman; c. concerning the Christian religion.3
a. As regards the mode of carrying out the examination concerning impediments, which first is instituted with the betrothed and two witnesses present together concerning public impediments, then with the bridegroom and bride separately concerning occult impediments, the diocesan rituals should be consulted. It belongs to the local ordinary to give special norms for the examination of the betrothed.4 Therefore diocesan statutes issued concerning this matter retain their force.
b. If a public impediment stands in the way of matrimony, the parish priest should warn the betrothed to desist from matrimony, unless there is a sufficient cause of dispensation and grave inconveniences would arise from omitting the matrimony. If a civil impediment stands in the way of matrimony, dispensation from this also must be obtained. In like manner documents are to be procured, if civil law requires any.
- The examination concerning the Christian religion is never to be omitted, unless the parish priest knows from elsewhere that the betrothed are sufficiently instructed. For since they themselves are about to receive the sacrament of matrimony and, as it is permitted to hope, must instruct future offspring in the Christian religion, they must be instructed in due knowledge of religion. The knowledge necessary for this refers to those things which each person must know by necessity of means and of precept, to which also pertain the obligations of one's own state.
If one or each is found ignorant of Christian doctrine, the parish priest should teach him or her at least the first elements of Christian doctrine; but if they refuse, the betrothed are not for that reason to be rejected from matrimony.5
- Besides these things the Code warns: a. Unless the betrothed are from his own parish, the parish priest must require from each party a testimony of baptism.6
a. From the will of the Code, Catholic persons about to marry who have not yet received the sacrament of confirmation should receive it before matrimony, if they can do so without grave inconvenience.7 For although there is no necessity of this matter, nevertheless it is very fitting that it be done.
b. If testimony concerning the received sacrament of baptism cannot be had, the affirmation of one witness above every exception suffices, or the oath of the bridegroom or bride personally, if he or she received the sacrament in adult age.8
b. Finally, the parish priest should vehemently exhort the betrothed that before the celebration of matrimony they confess their sins and receive holy communion.9
Particular statutes which in some dioceses, even under penalty of denial of the nuptial blessing, strictly oblige the betrothed to the reception of the sacraments have been abrogated after the new Code, which establishes no obligation in this matter.10
- In danger of death, where time is not available for providing these things and matrimony nevertheless is either necessary or at least very opportune, it suffices, unless contrary indications are present, that the contracting parties affirm under oath that they are baptized and are detained by no impediment.11
Note. 1. Once the examination is completed, an occasion offers itself to the parish priest of warning and exhorting the betrothed that they spend chastely the time which precedes the celebration of matrimony and prepare themselves religiously for receiving the sacrament of matrimony.
- From the examination of the betrothed must be distinguished the instruction of the betrothed (Brautunterricht), whose object is constituted by the mutual obligations of spouses, especially as regards conjugal life, and also obligations toward offspring. Care must be taken lest this instruction be had in a passing and perfunctory way, and at the same time lest chaste and pious ears be offended; wherefore it must be diligently premeditated and prepared. It must not be had together with the examination of the betrothed, nor in the confessional on the occasion of the confession of the betrothed; but either shortly before, or if it can be done, shortly after the celebration of matrimony.12
1 Cn. 1020, 1.
2 Cn. 1020, 1.
3 Cn. 1020, 2.
4 Cn. 1020, 3.
5 Commission for Interpretation of the Code, June 2-3, 1918. Cf. Cn. 1066.
6 Cn. 1021, 1.
7 Cn. 1021, 2.
8 Cn. 779; 800.
9 Cn. 1053.
10 Cn. 6, 6.
11 Cn. 1019, 2.
12 For preparing this instruction these can be of use: Krick, Das Brautexamen (Passau: Bucher, 1883); Lauterborn, Das kirchliche Brautexamen (Paderborn: Bonifacius-Druckerei, 1887); Braut-Unterricht (Kempten: Kosel, 1898). Almost all pastoral journals contain such an instruction suitably composed: Paderborn, 1895; Munster, 1894, 1899, and 1917; Cologne, 1884; Passau, 1892; finally also Leitner, l. c., p. 528 ff.; Keller, Geburtenruckgang und kath. Seelsorge (Paderborn, 1917); Ehrler, Bauer, Gutmann, Gluckliches Eheleben (Mergentheim a. d. T.).