Article II. On the Examination of the Betrothed and on Banns or Matrimonial Proclamations

723. 1. The examination of the betrothed must be conducted beforehand by the parish priest,⁴⁷⁷ before the proclamations are publicly announced. If those about to marry belong to different parishes, that parish priest who will assist at the celebration of the matrimony will ordinarily conduct the examination of the betrothed. By particular law the form of this examination is often determined. The object of the examination is twofold, namely: 1. an investigation concerning impediments that may exist (it is called the general or juridical examination); 2. instruction concerning the obligations of spouses (the special or private examination). Before all else the parish priest must (under grave obligation) require from each of those about to marry a certificate of baptism received, if it was conferred upon them in another parish.⁴⁷⁸ This also holds if either of the contracting parties is a heretic,⁴⁷⁹ because otherwise the impediment of disparity of worship could be present. A certificate of confirmation received is not required, but the Code of Canon Law, can. 1021, § 2, establishes: "Catholics who have not yet received the sacrament of confirmation are to receive it before they are admitted to matrimony, if they can do so without grave inconvenience." Then proof of free status is to be required according to the Instruction of the Holy Office of August 22, 1890,⁴⁸⁰ or according to the statutes in force in each diocese.⁴⁸¹ Then it is to be investigated whether perhaps an impediment stands in the way of contracting matrimony. Then, if there is any doubt, the parish priest is to inquire whether those about to marry know at least the rudiments of the Catholic faith;⁴⁸² he is diligently to instruct those who are ignorant; but if they refuse to be instructed, there is no ground for rejecting them from matrimony.⁴⁸³ Finally, with great prudence, modesty, and paternal severity, the parish priest is to instruct those about to marry concerning those things that are lawful between spouses and those that are not lawful, yet without descending too much into particulars.⁴⁸⁴ - Even if this examination of the betrothed is not so necessary when neither an impediment of matrimony nor a defect of sufficient knowledge in the betrothed is present, nevertheless the parish priest is not to omit giving salutary admonitions to the newlyweds. Wherefore the Code of Canon Law, can. 1033, establishes: "The parish priest is not to omit, according to the diverse condition of the persons, teaching the betrothed the sanctity of the sacrament of matrimony, the mutual obligations of the spouses, and the obligations of parents toward offspring; and he is vehemently to exhort them diligently to confess their sins and devoutly to receive the Most Holy Eucharist before the celebration of matrimony."

⁴⁷⁷ It is the parish priest who has the right of assisting at the matrimony (Code of Canon Law, can. 1020).

⁴⁷⁸ Sacred Congregation of the Sacraments, March 6, 1911, and July 4, 1921; Code of Canon Law, can. 1021.

⁴⁷⁹ Holy Office, May 25, 1897.

⁴⁸⁰ Collect. de Prop. Fide, n. 1740.

⁴⁸¹ Thus, for example, for the City the Decree of the Cardinal Vicar given April 5, 1902, is to be observed. A special difficulty is accustomed to arise if there is question of the matrimony of vagrants. Sometimes an oath concerning free status is required from them. If either or both of those about to marry were previously bound by matrimony, certain testimony concerning the death of the prior spouse is required. In more difficult cases recourse must be had to the bishop of the place.

⁴⁸² Rit. Rom., tit. 8, c. 1, n. 1; Benedict XIV, De syn. dioec., l. 8, c. 14, n. 5.

⁴⁸³ Pontifical Commission, June 2, 1918 (Acta Ap. Sed. X, 345).

⁴⁸⁴ Cf. Krick, Der kirchl. Brautunterricht; Nist, Brautunterricht (1920).