Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation I. On Those Things which Customarily or Necessarily Precede Matrimony

Part — Wouters, Manual of Moral Theology

Part II. The Examination, Especially concerning Free Status

682.

"Before matrimony is celebrated, it must be certain that nothing stands in the way of its valid and licit celebration" (canon 1019, § 1). Now "in danger of death, if other proofs cannot be had, unless contrary indications are present, the sworn affirmation of the contracting parties that they have been baptized and are detained by no impediment suffices" (canon 1019, § 2). Outside danger, however, there must be certainty about these things according to the ordinary norm of law, and indeed both of common law and of particular law constituted by statutes or legitimate custom (cf. canon 1020, § 3).

With common law considered, an examination is prescribed, which is customarily called an examination concerning free status, because it especially regards that status.

I. The necessity of the examination is clear from canon 1020, § 1: "The pastor, to whom the right belongs of assisting at matrimony, is diligently to investigate beforehand, at an opportune time, whether anything stands in the way of contracting matrimony."

II. The examiner is the pastor to whom the right belongs of assisting at matrimony (canon 1020, § 1); but since generally the pastor of the bride assists at the matrimony, he in practice acts as examiner.

III. Matter of the examination. The pastor is to investigate:

  1. Into the dwelling of the betrothed, if any doubt remains, namely so that he may judge whether in reality it belongs to him to assist at the matrimony, with canon 1097 considered (n. 736); in which parishes the publications are to be made (n. 686); whether either party is a vagrant, in which case license of assisting must be sought from the Ordinary (n. 695).

  2. Into impediments which perhaps stand in the way of matrimony. "Then," says canon 1020, § 2, "he is also to question the bridegroom and the bride separately and cautiously, whether they are detained by any impediment."1 This inquiry seems also to have to be performed if the pastor is morally certain about immunity from impediments. The inquiry especially regards public impediments; the investigation of occult impediments, which cohere with sin, seems able to be left to the confessor.

  3. Into consent, namely, "whether they give it freely, especially the woman" (the cited canon).

  4. Into baptism; for "unless baptism has been conferred in his own territory, the pastor is to require testimony of baptism from each party, or only from the Catholic party if it is a question of matrimony to be contracted with dispensation from the impediment of disparity of cult" (canon 1021, § 1).

An extract from the baptismal register can serve very greatly for detecting impediments, if there are any, for example of bond, consanguinity, etc.; that this end may be obtained more securely, it is especially to be advised that the testimony of baptism be of a more recent date.

  1. Into Confirmation; for betrothed "Catholics who have not yet received the sacrament of Confirmation are to receive it before they are admitted to matrimony, if they can do this without grave inconvenience" (canon 1021, § 2).2

  2. Into the requisites from civil law; namely, let him see whether the betrothed have fulfilled or can fulfill the requisites from law.

  3. Into the consent of those whose consent is required, even with civil law alone considered. Moreover, "the pastor is gravely to exhort minor children of families not to enter nuptials without the knowledge of their parents or when their parents are reasonably unwilling; but if they refuse, he is not to assist at their matrimony unless he has first consulted the local Ordinary" (canon 1034). Civil law is especially to be attended to with regard to minors and soldiers.

  4. Into Christian doctrine, "whether they have been sufficiently instructed in Christian doctrine, unless on account of the quality of the persons this last question appears useless" (canon 1020, § 2).3

Note. "It belongs to the local Ordinary to give special norms for an investigation of this kind by the pastor" (canon 1020, § 3).

1 Roman Ritual, title VII, chapter 1, n. 1.

2 Roman Ritual, title VII, chapter 1, n. 14.

3 Roman Ritual, title VII, chapter 1, n. 1; Constitution of Benedict XIV, Nimiam licentiam, May 18, 1743, n. 10; Instruction of the Sacred Congregation for the Discipline of the Sacraments, July 7, 1921 (A.A.S., p. 348).

Prenuptial Examination, Publications and Instruction