Instruction of the Couple

Duties of the Pastor as Regards the Religious Instruction of the Engaged Couple.—(a) The pastor should require those who are not confirmed to receive Confirmation before their marriage, if they can do this without serious inconvenience.

(b) He should instruct the parties in the essentials of Christian doctrine, if they are ignorant in these matters (see 920 sqq.), and he should point out to them the nature of marriage as a contract and as a Sacrament, its purposes and properties, the grace it confers and the conjugal and parental duties it imposes, the necessity of preparing for the Sacrament and of receiving it in the state of grace. He should also speak about the impediments, so that the couple may understand the disqualifications for a valid and lawful marriage; but this should be done prudently, so as not to shock the innocent or to help others to evade the law. But ignorance of the Catechism is not strictly an impediment; and if the parties are unwilling to take instruction, they should be married without it. In a mixed marriage it is often very useful to give the non-Catholic a short course in Catholic teaching, and all couples who are preparing for marriage would do well to read some of the good works prepared especially for the use of engaged or newly married people. The Code requires of pastors that in their sermons they instruct the people on marriage and exhort them to avoid mixed marriages and marriages with the unworthy (Canons 1018, 1064, 1065).

The Pastor and the Duties of Engaged Couple.—The pastor should also inquire about duties owed by the couple to others.

(a) Duties to Parents.—He should seriously admonish minors subject to parental authority not to marry without the knowledge or against the reasonable wishes of their parents. If the parents are opposed to the marriage, the pastor should decide from the circumstances whether the opposition is justified or not; if one parent only is unwilling, the wishes of the father per se have preference over those of the mother, as he is the head of the family. If the engaged couple will not heed the pastor, he is seriously bound to refuse to marry them until the case has been presented to the Ordinary for decision (Canon 1034).

(b) Duties to Civil Law.—The State has no power over the Sacrament of Matrimony, its bond, or its inseparable temporal effects (such as the rights and duties of spouses, legitimacy of children and the like), but it is competent in reference to merely civil effects and conditions, which are temporal circumstances separable from the substance of marriage. Hence, those who are getting married should comply with civil formalities that do not trespass on church rights, such as registration or marriage license.

Opposition of Parents to Marriage.—In deciding whether the parental opposition to a marriage is reasonable or not, the pastor should take into consideration both the motives for the opposition and the reasons in favor of the marriage.

(a) The motives for the opposition are reasonable, if the parents object because of the undesirability of one of the couple, or their incompatibility, or the evil consequences that will follow the marriage. A person is undesirable on account of defects of soul (e.g., an atheist, a drunkard, a libertine, a man or woman of ill-fame, a cruel man, an ill-tempered woman), or of body (e.g., a person who is deformed, or malodorous, or afflicted with syphilis or other serious disease), or of mind (e.g., a half-witted person), or of economical ability (e.g., a man who is a gambler or spendthrift, or who is unable to earn a living; a woman who is loaded with debts or who cannot take care of a home). There is incompatibility when the ages of the couple or their rank in life, their race, their education, their tastes, or their dispositions are utterly different. There are evil consequences when scandals, hatreds, disgrace, or loss of temporal goods will ensue.

(b) The reason for the marriage, however, may suffice to prevail over the parental objections. Thus, if the strong disapproval of relatives is the only reason against a marriage and its abandonment will make the couple unhappy for life, charity does not oblige to such a sacrifice. And the temporal advantage of a family should not be preferred to the spiritual benefit, if their son who is wild wishes to marry a poor girl who has a good influence over him rather than a wealthy girl whom he does not admire.

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).