Article V. On Certain Other Things to be Premised to the Celebration of Wedlock

Question 1. What is the obligation of the pastor in this matter concerning the instruction of the people?

Resp. He is bound prudently to instruct his people concerning the sacrament of marriage and its impediments. For if spouses duly fulfill their duties, there is had a most grave bulwark of the Church and of the republic. Discreet and priestly instruction concerning this great sacrament is of the highest importance, so that the betrothed may receive it worthily. Hence Canon 1018 admonishes pastors concerning the duty of their office of not omitting instruction about wedlock.

Besides, it is necessary to exhort minor children under paternal power not to contract marriage without their parents knowing and while they are reasonably unwilling; but if they refuse, he is not to assist at their nuptials unless the Ordinary of the place has first been consulted. - Cf. Can. 1034.

Question 2. What must first be established before marriage is celebrated?

Resp. It must be established that nothing obstructs its valid and licit celebration. But in danger of death, if other proofs cannot be had, it suffices, unless contrary indications are present, that the contracting parties swear an affirmation that they are baptized and entangled in no impediment. - Cf. Can. 1019.¹

¹ Cf. Addenda, p. 1093, n. 26.

Question 3. What must the pastor furnish concerning the investigation before marriage is contracted?

Resp. § 1. The pastor who has the right of assisting at the marriage, at a suitable time beforehand, is diligently to investigate whether anything obstructs the marriage to be contracted.

§ 2. He is to question both the betrothed man and the betrothed woman, even separately and cautiously, whether they are held by any impediment, whether they give consent freely, especially the woman, and whether they have been sufficiently instructed in Christian doctrine, unless on account of the quality of the persons this last questioning appears useless.

§ 3. It belongs to the Ordinary of the place to give particular norms for an investigation of this kind by the pastor (Can. 1020).

Question 4. What does the law establish concerning testimony of baptism? And what concerning confirmation?

Resp. § 1. Unless baptism was conferred in his own territory, the pastor is to require testimony of baptism from each party, or from the Catholic party alone if it is a question of a marriage to be contracted with dispensation from the impediment of disparity of cult.

§ 2. Catholics who have not yet received the sacrament of confirmation are to receive it before they are admitted to marriage, if they can do this without grave inconvenience (Can. 1021).

Indeed, this prescription is most wise, and, duly observed, will drive away very many difficulties. In a word, baptism must always be established authentically. If it was conferred in one's own territory, it will be known from the proper book of baptisms. If it was conferred in another territory, either it is a question of the marriage of two Catholics, or of a Catholic and a baptized non-Catholic, or of a Catholic and an unbaptized person; testimony of baptism from this canon seems to be required from every baptized person: from two Catholics in the first case; from the two, a Catholic and a baptized non-Catholic, in the second case of mixed marriage; from the Catholic in the third case.

Confirmation also ought to be received beforehand. No one fails to see with how many graces one confirmed is heaped up and how fitting a preparation for his conjugal life the reception of confirmation would be.

Question 5. To what is another pastor bound who has carried out the investigation or publications?

Resp. He is bound, by an authentic document concerning their outcome, to render the pastor who must assist at the marriage more certain. - Cf. Can. 1029.

Question 6. When at last can the pastor licitly assist, once the investigations have been completed?

Resp. He ought not to assist before he has received all the documents, and, unless some other reasonable cause requires otherwise, three days have elapsed from the last publication. The reason is that sufficiently ample time may be given for detecting an impediment and making it known to the pastor. - Cf. Can. 1030, § 1.

Question 7. Must the publications ever be repeated?

Resp. Affirmatively, if the nuptials are not contracted within six months, unless the Ordinary of the place has judged otherwise. - Cf. Can. 1030, § 2.

Question 8. When does the pastor licitly assist at the marriage of wanderers, namely of those who nowhere have a domicile or quasi-domicile?

Resp. Except in a case of necessity, he never assists licitly, unless, after the matter has been referred to the Ordinary of the place or to a priest delegated by him, he has obtained permission to assist.

Question 9. What is the special obligation of the pastor in relation to the instruction of the betrothed?

Resp. Let the pastor not omit, according to the diverse condition of persons, to teach the betrothed the sanctity of the sacrament of marriage, the mutual obligations of spouses, and the obligations of parents toward offspring; and let him vehemently exhort the same that before the celebration of marriage they diligently confess their sins and piously receive the most holy Eucharist (Can. 1033).

This obligation seems to us truly grave, at least as to the substantial part. Indeed it is a delicate matter, but no less weighty, to bring it about that the betrothed approach the sacrament fully prepared in heart and mind. It is not required that he descend to the smallest circumstances, but certainly he himself is bound to know that his subjects enter wedlock not ignorant of the character and properties of the matrimonial contract.

Question 10. What are the parts of the pastor when a doubt concerning an impediment has arisen? What when an impediment has been detected? What when none has been detected?

Resp. § 1. When a doubt has arisen concerning the existence of some impediment:

1°. The pastor is to investigate the matter more accurately by questioning under oath at least two witnesses worthy of faith, provided it is not a question of an impediment from knowledge of which infamy would arise for the parties, and, if it is necessary, the parties themselves also;

2°. He is to carry out or complete the publications, if the doubt has arisen before the publications have been begun or completed;

3°. He is not to assist at the Marriage without consulting the Ordinary, if he prudently judges that the doubt still remains.

§ 2. When a certain impediment has been detected:

1°. If the impediment is occult, the pastor is to carry out or complete the publications and refer the matter, withholding the names, to the Ordinary of the place or to the Sacred Penitentiary;

2°. If it is public and is detected before the publications have begun, the pastor is not to proceed further until the impediment is removed, even if he knows that a dispensation has been obtained only for the forum of conscience; if it is detected after the first or second publication, the pastor is to complete the publications and refer the matter to the Ordinary.

§ 3. Finally, if no impediment has been detected, neither doubtful nor certain, the pastor, once the publications have been completed, is to admit the parties to the celebration of marriage (Can. 1031).¹

¹ Cf. Addenda, p. 1116, n. 65.