Examination of the Parties by the Pastor

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

2. 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.

3. 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.

4. 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

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

6. 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.

2. 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.).

Duties of the Pastor in the Examination of Engaged Persons.—(a) He should question both the man and the woman separately and prudently about their freedom to marry, even though he is certain that there are no impediments. He should inquire especially whether there has been a previous marriage, and should also ask specifically about any impediment that seems likely. About impediments of a defamatory kind he should not interrogate before others, leaving that matter if necessary to his doctrinal instruction or to the confessor. (b) He should ask both of them, and especially the woman, whether they have decided on marriage freely, without force or pressure from any person. But children who live with their parents should be asked whether or not they have obtained their parents’ consent to the proposed marriage.

Special Proofs of Freedom to Marry.—(a) Proof of Baptism.—A baptismal certificate should be presented by the parties (if baptized in another parish), even by one who is a baptized non-Catholic. If a certificate cannot be had, other proofs are necessary. In danger of death, the sworn testimony of the parties suffices; outside danger of death, the testimony of a reliable witness, or of the person himself, if he can remember his Baptism, or, it seems, a certificate of Confirmation or First Communion will do. If Baptism cannot be proved and there is a prudent doubt, it should be administered conditionally.

(b) Proof of Single State.—If it is manifest that a previous civil marriage was null and was dissolved by divorce, the proof of the facts suffices. If the husband or wife of a previous marriage has died, but the pastor has no personal knowledge of this, positive proof of the decease in the form of a public document or of sworn testimony of two or at least one reliable witness is necessary, and if the pastor cannot obtain these he must have recourse to the Ordinary.

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).

64. • 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.

65. • 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.

2. 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.

3. 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.

4. 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.

5. 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.

66. • 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.

836. Matter to be treated. - Before matrimony is celebrated, it must be established that nothing stands in the way of its valid and licit celebration (can. 1019, § 1). But the manner in which this must be established by positive arguments is diverse in danger of death and outside this danger.

a) 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 are baptized and are held by no impediment (can. 1019, § 2).

b) Outside danger of death, the pastor is bound by office 1) to institute the examination of the spouses (can. 1020, § 1); and 2) publicly to announce the matrimony through the publications of banns (can. 1022): lest namely any matrimony ever be contracted whose valid or licit celebration something would impede.

837. The examination of the spouses is to be instituted, so that it may be established that nothing stands in the way of the matrimony to be celebrated by the spouses, whereby it could not be celebrated validly and licitly. Concerning this, the following ordinances of law are to be attended to.

I. "The pastor to whom belongs the right of assisting at the matrimony, at a suitable time beforehand, shall diligently investigate whether anything stands in the way of the matrimony to be contracted" (can. 1020, § 1).

The pastor, by force of his office, is bound under grave matter to make that investigation, because he is bound to procure those things which are required for the valid and licit administration of the sacraments; whence he is bound to do this to whom belongs the right of assisting at the matrimony, and indeed at a suitable time beforehand, i.e., before the proclamations are publicly announced, and diligently, because the matter is one of great moment. Let him personally carry out the examination, unless a just cause excuses him.

But if the right of assisting at the matrimony belongs to several, the pastor of the bride is to be preferred; but with his consent the pastor of the groom also can institute the examination and procure the other necessary things. And if the groom is impeded from going to the place of the bride for undergoing the examination, his pastor, at the request of the pastor of the bride, institutes the examination and transmits testimony of it to the pastor of the bride. These things also could be introduced by usage or perhaps by a particular statute of the diocese.

Before he proceeds to the examination, the pastor should first inquire: a) whether in fact he has the right of assisting at the matrimony, or at least of examining the spouses; b) in which parishes the publications are to be made; c) whether the future spouses are of their own right or minors, namely, in order to the consent of parents.

II. "Let him question both the groom and the bride, also separately and cautiously,

1° whether they are held by any impediment,

2° whether they give consent freely, especially the woman,

3° and whether they are sufficiently instructed in Christian doctrine, unless by reason of the quality of the persons this last questioning appears useless" (can. 1020, § 2).

And so the examination is to be instituted:

1° Concerning diriment and impeding impediments, and indeed always, even as far as possible in danger of death: first in the presence of the spouses together for public impediments, then with the groom and bride separately and prudently for occult impediments, especially if they imply sin, concerning which the pastor could prudently warn that there is no obligation of revealing to him an infamous impediment, but that it can also be declared to a confessor who will procure the dispensation.

The pastor should diligently investigate concerning the degree of consanguinity or affinity by which perhaps the future spouses are joined, and should carefully explore whether they are bound by the impediment of bond. Wherefore, if the case requires, inquiry should be made concerning the death of a preceding spouse, concerning a sentence of nullity of matrimony, concerning a dispensation over ratified and non-consummated matrimony, all legitimate documents relevant to the matter having been gathered (S. C. Sacr., June 29, 1941).

Nor should inquiry be made only concerning impediments properly so called, but concerning all things which can stand in the way of entering matrimony licitly, such as apostasy from the Church, enrollment in a condemned society, the state of a public sinner or a notorious censure, reasonable opposition of parents (can. 1065, 1066, 1034), a pledge made to others, a civil formality not yet fulfilled or a legal license to be obtained, etc.

2° Always also concerning the liberty of matrimony, especially with the bride, namely, concerning the free choice of matrimony and with such a person, so that neither party enters the union deceived by simplicity or fraud, nor seduced by importunate prayers or occasions, nor coerced by force and fear.

Nor should he acquiesce when perhaps negative responses have been given by them, the S. Cong. Sacr. warns on June 29, 1941, but he should also carry out other investigations for more securely proving the liberty of consent. Pastors should carefully weigh that one of the principal heads of nullity of marriages which are brought to ecclesiastical tribunals consists in force or fear having been brought to bear.

If in some place there are found those who presume to enter nuptials with some condition or intention added, whether suspensive or invalidating of consent, the pastor should strive with every effort to turn the future spouses away from adding conditions of this kind to matrimony, and to induce them to retract those perhaps already added. But as to the legitimate addition of some condition concerning the future, present, or past, the pastor should consult the Ordinary and obey his commands.

3° Concerning Christian doctrine, which is never to be omitted, unless the pastor knows with certainty from elsewhere that the spouses are sufficiently instructed. Let him inquire:

a) Concerning necessary knowledge, both generally 1. of truths which must be known by necessity of means and of precept, which spouses ought to know not only for their own salvation, but also for the salvation of future offspring to be educated by them; - and especially 2. of the obligations and ends of the conjugal state. Therefore "let the pastor not omit, according to the diverse condition of persons, to teach the spouses the sanctity (and indissolubility) of the sacrament of matrimony, the mutual obligations of spouses, and the obligations of parents toward offspring" (can. 1033); nevertheless this instruction is not always to be made together with the examination itself of the spouses, but sometimes can more opportunely be deferred so that it may be done shortly before matrimony.

But if someone is found ignorant of Christian doctrine, the pastor should teach him, or see that he is taught, at least the first elements of Christian doctrine; but if he refuses, he is not for that reason to be rejected from matrimony (com. int., June 2, 1918): for he is not a public sinner.

b) Furthermore, concerning Baptism. "Unless Baptism was conferred in his own territory, the pastor shall require the testimony of Baptism from both parties, or from the Catholic party only, if there is question of matrimony to be contracted with dispensation from the impediment of disparity of worship" (can. 1021, § 1); whence, if there is question of matrimony of mixed religion, the testimony of Baptism must also be required from the non-Catholic party.

The code also adds: "Catholics who have not yet received the sacrament of Confirmation shall receive it, before they are admitted to matrimony, if they can do this without grave inconvenience" (can. 1021, § 2), because afterward it is less easily received and more frequently neglected. Concerning the sacraments inquiry must be made, legitimate documents having been gathered. The testimony of Baptism ought to be recent, nor written before six months prior to the matrimony being entered. 1 (S. C. Sacr., June 29, 1941).

But if testimony concerning Baptism received cannot be had, the affirmation of one witness above every exception, or the oath of the subject himself, if he received the sacrament in adult age, suffices (can. 779). Nevertheless the pastor should not easily believe the affirmation, even sworn, of the future spouses that they have been baptized, unless this is certainly established to him from elsewhere; and let him seek the testimony of the pastor of the place of origin of the future spouses (S. C. Sacr., June 29, 1941). But if every proof should be lacking or, investigation having been made, a probable doubt concerning the validity of Baptism should remain, the Catholic would have to be rebaptized under condition; and if certainly he had not been baptized, or certainly not validly, he would have to be baptized absolutely.

c) Finally, concerning the preparation for matrimony through the reception of the sacraments. The pastor should "vehemently exhort" the spouses "that before the celebration of matrimony they diligently confess their sins and piously receive the most holy Eucharist" (can. 1033).

III. "It belongs to the Ordinary of the place to give peculiar norms for an investigation of this kind by the pastor" (can. 1020, § 3).

Therefore he can prescribe the manner to be followed in inquiring concerning impediments or in examining spouses, and diocesan statutes issued concerning this matter retain their force.

1. The testimony of Baptism is required to be recent, which also greatly serves for detecting impediments, since in more recent time in the book of the baptized there are also noted matrimony, if they have entered any, or subdiaconate received, or solemn profession (can. 470, § 2).