Prenuptial Examination, Publications and Instruction

"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.

5. 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

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

7. 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.

8. 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).

I. The necessity and matter of instruction are set forth in canon 1033: "Let the pastor not omit, according to the diverse condition of the persons, to teach the betrothed:

1. "The sanctity of the sacrament of matrimony," that is, the nature and dignity of matrimony, and the manner of preparing themselves worthily for the reception of the sacrament; wherefore "let him vehemently exhort them, before the celebration of matrimony, to confess their sins diligently and piously receive the Most Holy Eucharist."

2. "The mutual obligations of spouses," especially the licit use of matrimony.

3. "The obligations of parents toward offspring," especially the manner of conferring Baptism in a case of necessity. Likewise:

4. At least the first elements of Christian doctrine, if the bridegroom or bride are found ignorant; "but if they refuse this instruction, there is no place for rejecting them from matrimony, according to the norm of canon 1066," that is, let him assist only if a grave cause is urgent, concerning which, if it can be done, let him consult the Ordinary.¹

II. Instructor and time of instructing. The instruction is to be made by the pastor (canon 1033), for example on the occasion of the examination of the betrothed, and generally before proceeding to the publications. But instruction concerning the use of matrimony and the manner of baptizing in a case of necessity is to be made a little before or immediately after the matrimony has been contracted. For an example of instruction, see our little work whose title is On the Virtue of Chastity and the Opposed Vices.

¹ Roman Ritual, title VII, chapter 1, n. 14; Pontifical Commission, June 2-3, 1918 (A.A.S. 1918, p. 345).

I. With divine law considered, of itself there is no obligation to confess before matrimony. It suffices to have recovered the state of grace, if perhaps lost, by an act of perfect contrition (n. 43). Likewise, as is clear, of itself there is no obligation of receiving the Holy Eucharist. Accidentally, with regard to each sacrament, there can be an obligation, especially by reason of avoiding scandal.¹

II. With common ecclesiastical law considered, likewise the obligation is lacking. This is deduced from canon 1033, which decrees only: "Let the pastor vehemently exhort the betrothed that before the celebration of matrimony they diligently confess their sins and receive the Most Holy Eucharist." Thus also the Roman Ritual.²

Nevertheless, canon 1066 should be noted: If a public sinner or one notoriously bound by censure has first refused to approach sacramental confession or to be reconciled with the Church, the pastor is not to assist at his or her matrimony unless a grave cause is urgent, concerning which, if it can be done, he is to consult the Ordinary.

III. It is disputed whether or not particular law can impose reception of the sacraments.³ But certainly it cannot convert neglect of reception into an impediment of matrimony itself; for this power belongs only to the supreme ecclesiastical power (canon 1038, § 2).

IV. With regard to Confirmation, canon 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 this without grave inconvenience.

¹ Cf. Sacred Congregation of Propaganda Fide, April 17, 1820; Sacred Congregation of the Council, August 28, 1852.

² Title VII, chapter 1, n. 14.

³ Roman Ritual, title VII, chapter 1, n. 14.

I. Necessity and matter of the instruction. "Let the pastor not omit," says canon 1033, "to teach the betrothed according to the diverse condition of the persons."

1. "The sanctity of the sacrament of matrimony," that is, the nature and dignity of matrimony and the manner of preparing themselves worthily for the reception of the sacrament; wherefore "let him strongly exhort them that before the celebration of matrimony they diligently confess their sins and piously receive the Most Holy Eucharist."

2. "The mutual obligations of spouses," especially the lawful use of marriage.

3. "The obligations of parents toward offspring," first of all the manner of conferring Baptism in a case of necessity. Likewise:

4. "At least the first elements of Christian doctrine, if the bridegroom or bride is found ignorant; but if they refuse this instruction, there is no place for rejecting them from marriage according to the norm of canon 1066," that is, let him assist only if a grave cause urges, concerning which, if it can be done, let him consult the Ordinary.¹

II. The instructor and the time of instructing. The instruction should be given by the pastor (cited canon), for example on the occasion of the examination of the betrothed; but advisedly before proceeding to the publications. But the more complete instruction, so far as it concerns the use of marriage and the manner of baptizing in a case of necessity, will more advisedly be done a little before or immediately after the marriage has been contracted.

III. The manner of instructing. We shall hand down in different languages a specimen for teaching those about to marry, insofar as there is question of the use of marriage and of Baptism to be conferred.

¹ Pontifical Commission, June 2-3, 1918, IV, 3.

You will resolve: Betrothed persons are not exempted from the proclamation of banns, even if they certainly know that no impediment underlies the marriage. For the law is founded on the danger of universal nullity of marriage from omitted proclamations. Hence also someone cannot read prohibited books if he fears no danger to himself from them. And although that danger also truly ceases in a particular case, nevertheless the end of the prohibition does not wholly cease, since that end is not only that the danger of perversion be avoided, but also that occasion not be given to depraved writers to commit harmful things to print. Likewise he is still bound by the law of abstinence and fast who abhors meats and delights in fish, and he who can sustain for his stomach only one eating in the day. - L. 199.

Must banns be sent before marriage? - Marriage cannot be contracted licitly, although validly, without previous proclamations of the same, and the obligation is grave. Trent, sess. 24, C. 1, 5, de R. M.; C. Cum inhibitio 3, section 1, de Clandest. desp. - All who are to contract are subject to the law of proclamation. From usage, however, Princes are excepted, because their lineage is sufficiently known, and ordinarily their marriages are sufficiently public. The case of urgent necessity is also excepted, for example, if someone near death should wish to marry a concubine to legitimate offspring, and there would be danger in delay. - A parish priest omitting the denunciations, even if he knows that no impediment is present, sins gravely.

For the law obliges, although in the particular case its reason may cease; and a very grave danger is always present if this matter is left to the judgment of parish priests. But does a parish priest sin gravely if he omits only one proclamation without dispensation? It is controverted. Some affirm, because one proclamation out of three must be held a grave part of the whole precept. Others probably deny, because of the opposite reason. But to omit two denunciations is more probably grave. L. 991. - From a just cause the Bishop and his vicar general can dispense from the law of banns, more easily from one or another denunciation than from all. Trent, sess. 24, C. 1, de R. M. But dispensation must be obtained from both Bishops if the spouses belong to different dioceses.

For if impediments are not detected on one side and in one place, it does not follow that they cannot be detected on the other side and in another place. Yet there are not lacking authors who say that the Ordinary of either side can dispense with both, because of the unity of the act of both, and St. Alphonsus 1006 seems to approve. - The doctors commonly teach that the Bishop not only can, but also sometimes is bound to dispense, namely to avoid grave common or private damage, spiritual or temporal; indeed even because of a notable spiritual or temporal good of the community or of another private person. - L. 389-391, 1005-1007; C. I. 70 ff.; C. B. 1316; E. M.

Note: If for a grave cause the denunciations were omitted before marriage, lest, for example, it be maliciously impeded, "then before its consummation let denunciations be made in the Church, so that if any impediments underlie it they may more easily be detected." Trent, sess. 24, C. 1, de R. M. Therefore, if it is clear that there is no impediment, the spouses will not sin gravely against the Decree by consummating. Indeed Trent immediately adds that the denunciations can be remitted by the prudence and judgment of the Bishop. The parish priest cannot undertake to make the proclamations unless it is first clear to him concerning the free consent of both contracting parties. He must also inquire whether they are affected by any impediment, and whether they know the rudiments of faith, which they must afterward teach their children. Roman Ritual, de Sacr. matr.

Free state: It must be clear before the reception of Orders and before entering marriage. It can be proved by the sworn testimony of two persons. A process is of itself to be instituted, and the norms handed down in the Instruction of the Holy Office, August 21, 1670, with the attached declarations, August 29, 1890 and 1868, are to be observed as regards proving the death of a spouse. But if the aforesaid free state cannot be legitimately proved, then recourse must be made, after the faculty has first been obtained, to a supplementary oath. Holy Office, February 1, 1865.

In what place must denunciations be made? - "It is certain that they must be made in the parish of each contracting party..., because custom so bears. Laymann, etc., except, unless the parishes are very near.... If one of the spouses stays in some place briefly, Pontas thinks it suffices if they are made in the place where he actually lives. But far more probably Sanchez, etc., from the declaration of the S. C., say that they must altogether be made in the parish from which he departed, because denunciations are made for this, that impediments may be manifested, and therefore they must be made where the spouses have lived for a longer time. And here it must be noted that if one of the spouses is external, the parish priest must not make the denunciations unless after he has proved the free state before the Ordinary by an authentic document, as is had from the Instruction of the S. C. of the Holy Office.... But as regards vagi, Trent, sess. 24, C. 7, de R. M., commands parish priests not to assist at their marriages unless after diligent inquiry has been applied, and unless first they have obtained from the Ordinary license to assist. Hence Roncaglia rightly says that a parish priest would sin gravely if he did not observe such a precept." L. 991. - They are to be made in the parish church of the domicile or quasi-domicile of the spouses, or of simple residence and the immediately previous domicile, unless the spouses have left it for six months.

Nevertheless, monthly residence is now to be attended to only for marriage, and not also quasi-domicile. Hence if the spouses, where they now are, have come there for six months or at least for a month, there the denunciations are to be made; otherwise also in the place from which they departed. "For generally satisfaction is made to the Tridentine Decree if marriages are denounced where those intending to contract marriage are parishioners at the time of the denunciations." Schmalzgrueber, l. 4, t. 3, n. 14. But as regards place of origin and previous domicile, or where they lived longer, it is enough to seek testimony of free state through the documents of their Ordinaries, and through examination of witnesses, according to the cited Instruction of the Holy Office, August 21, 1620, confirmed by Clement X, or at least, by special indult, through the supplementary oath of those wishing to contract. But if one or both spouses have equal domicile in two places, or domicile in one place and quasi-domicile or monthly habitation in another, the banns must be proclaimed in both. - Many doctors say, moreover, that proclamations can be made outside the church in a place of great gathering, because thus the end of the Council is obtained. - L. 991; E. M.

It has been granted to the Archdiocese of Paris that written notices exhibiting future marriages be affixed in a conspicuous place of the church for three continuous Sundays or feast days, and that they remain affixed throughout the whole day from the first morning Mass to the last evening liturgical office. S. C. C., March 28, 1908.

At Rome, "from those who have stayed for six continuous months after attaining puberty in another diocese, a Document of free state is required, given by the Ordinary of the place. Those from outside the diocese shall exhibit a Document of origin, baptism, confirmation, and free state.... Once the publications have been carried out in the parishes of the contracting parties, and also in the parishes where the contracting parties have equal domicile or quasi-domicile..., the parish priest will be able to proceed to the celebration of marriage." Instruction of His Eminence the Cardinal Vicar of the City, April 5, 1902, A. S. S., v. 37, p. 223 ff. Cf. the more recent Instruction in M. E., v. 23, p. 28-34.

For proving free state, witnesses are to be duly examined according to the Instruction of the Holy Office, August 21, 1670, Collect. S. C. de P. F., v. 1, n. 192; Decree of the Holy Office, February 24, 1847, Collect. cit. n. 1011. Cf. also Decree of the Holy Office, January 13, 1869, Collect. cit., ed. 2, 1907, n. 1342.

When certain documents concerning the death of a spouse are not had, the response given by the Holy Office on July 20, 1898 concerning men who were present at the battle of Adua is to be applied to other similar cases. S. C. of Sacraments, December 16, 1910. Cf. Enchiridion, num. 996.

When must proclamations be made? - They must be made on feast days of precept, continuously, during the solemnities of Masses. Trent, sess. 24, C. 1, de R. M. On feast days of precept, at least in the place of the proclamations. On feast days. Several teach that they can also be made on a weekday if for some cause there is a great gathering of people at the church. Schmalzgrueber, l. 4, t. 1, n. 24. Continuously, i.e. with no feast day omitted from the first proclamation to the third. St. Alphonsus 992 thinks it probable that there is no grave sin if the feast days are not continuous, one or another having intervened, especially if the question concerns feasts other than Sunday. For there is slight danger that the people will forget. But can proclamations be made on feast days immediately succeeding each other, if they occur? It is controverted, and there is a twofold probable opinion. During the solemnities of Masses, i.e. in the parochial or conventual Mass. The doctors add probably that, from a just cause, they can be made in a sermon, or on the occasion of a procession, when the people are gathered. They cannot be made in private Masses, nor at Vespers. If, however, the parish priest has forgotten to make the last proclamation at Mass, and the nuptials are urgent, he can supply it at Vespers. Once the proclamations have been made, it is licit to contract at once even on the same day. But if, once the proclamations have been made, marriage does not follow within two months, more probably the proclamations must be repeated, unless it seems otherwise to the Bishop. Roman Ritual. And after three months have elapsed, there is also need of a new testimony of free state, unless again it seems otherwise to the Bishop. S. I. C., February 24, 1847, ad 4. - L. 991, 992, 993; E. M.

The S. C. C. in Pineroli, April 7, 1862, rescripted that "denunciations can be made on the aforesaid suppressed feast days, i.e. according to the Decree of Pius IX to the Subalpines; care is nevertheless to be taken that these be fulfilled at the time of the divine office when the greater number of the faithful is usually present in the church." But the authors add: with the permission of the Ordinary.

Must known impediments of marriage be revealed? - There is of itself a grave obligation of revealing impediments of marriage. The reason is drawn from the motive of religion and charity, and from the very precept of banns. - This obligation pertains to all, of whatever sex, age, parish, diocese, even friends and blood relatives; and it must be fulfilled as soon as morally possible, lest perhaps, once dispensation has been obtained from one or another proclamation, marriage immediately follow. But once marriage has followed, the positive law indeed ceases; but the natural law, according to circumstances, can require revelation. - The aforesaid obligation is present however hidden the impediments are, and even if someone knows them under a natural secret, even one simply committed or promised, even sworn. For a secret of this sort does not oblige when grave damage threatens the community or a particular person. But more probably there is no obligation of revelation if it is a secret committed for the sake of seeking counsel, for example to an advocate, physician, parish priest, etc. The common good seems to require this. But those who know impediments of marriage in this way must at least admonish the spouses to desist from the marriage. C. Praeterea 12, de Spons.

One is bound to reveal impediments, although he alone knows them and cannot prove them, since here the testimony of one suffices. One can, absolutely speaking, reveal an impediment if damage threatens an innocent person, or public damage would follow. Cf. V. 1, n. 1542. And the contracting parties themselves are bound to reveal it, since the question is not of undergoing a penalty, but of avoiding sin and scandal. - But one is not bound to reveal it with grave damage to himself, if grave scandal of others would follow from it, if the revelation would be useless or rather would harm those contracting in good faith, if dispensation had already been obtained, etc. - L. 994-1002.

Can a parish priest sometimes dispense in denunciations? - R. In the negative, because he has no jurisdiction in the external forum. "Nevertheless Sanchez, Laymann, etc., say very probably that in cases in which the Bishop is bound to dispense, and cannot be approached, and there is danger in delay, he can declare that the precept of proclamations does not oblige, provided he is certain that no impediment is present. Indeed in cases of this sort Busembaum, Pontas, etc., judge that the spouses themselves, if they are certain that they are not impeded, can enter nuptials without denunciations." L. 1007.

What is the parish priest to do if the spouses are already in the Church to contract marriage, and he detects that a hidden impediment is present? - If the nuptials cannot be delayed without danger of infamy or other very grave inconveniences, and the penitent is in invincible ignorance of the impediment, the admonition is to be omitted, and the celebration of marriage is to be permitted until dispensation is obtained. If the penitent is in vincible ignorance, or if he openly knows the impediment, and the marriage cannot be delayed without infamy or scandal, not even to obtain dispensation from the Bishop, then the difficulty is very great. According to St. Liguori and others, the confessor could declare the law of the Church concerning impediments not to oblige in such straits of infamy and scandal, and proceed to the celebration of marriage. Certainly every power has been given unto edification, not unto destruction. Nevertheless, as soon as possible, at least for caution, he ought to request dispensation. According to others, simulation of the contract of marriage could be permitted with the purpose of seeking dispensation from the impediment as soon as possible. But, they say, an impediment cannot cease naturally; for an invalidating law never ceases on account of a particular inconvenience, whatever it may be. But whenever the Bishop can be approached, he must be approached, because, according to the common opinion, in that case he can dispense from ecclesiastical impediments.

C. Ubi 2, de Desp. impub.; L. 613, 1122; Monit. Eccles., v. 12, p. 16 ff.

Nor are there lacking those who likewise hold that, at the article of death, when grave danger would be present for the eternal salvation of the sick person, the ecclesiastical law of impediments ceases by force of the more urgent natural law, namely of charity, and that at least then there is room for legitimate epikeia. M. E., v. 20, p. 177, 474.

But in the present matter almost every difficulty vanishes. For Bishops, in the aforesaid case, have among the quinquennial faculties the faculty "of dispensing over the impediments of adultery and affinity from illicit intercourse, even in marriages to be contracted, and of subdelegating, as regards the aforesaid impediment of affinity, the faculty of dispensing, even habitually, to parish priests of their own diocese." Form of Faculties, May 5, 1896. To parish priests, and also to rectors, so called, who exercise the care of souls in some district, although they are not parish priests in the strict sense; and also to those priests who, during the vacancy of a parish, or on the occasion of sickness or absence of the parish priest, are deputed as administrators of the parish. S. Poenitentiaria, July 17, 1901. Cf. 1044; E. M. de Leg., n. 264, and here 955.

Who can dispense in impedient impediments? - No one can dispense, except the Supreme Pontiff and from a just cause, from an impediment arising from valid betrothals, since in this matter there is question of a strict debt of justice, which no one besides the supreme Prince can take away. The same must be said concerning the necessity of the consent of parents, which is to be referred back to natural law; nevertheless this naturally ceases if the parents dissent unjustly. - Bishops, or Ordinaries, Pastors of souls, enjoying full jurisdiction in the external forum, can dispense 1. in the obligation of banns; 2. as regards the contract during forbidden time, where custom also interdicts this; 3. in a vow of temporary chastity, and of virginity or of not marrying. - But they cannot dispense 1. as regards a vow of perpetual chastity; 2. as regards a vow of entering Religion; 3. as regards the impediment of disparity of worship between Catholics and heretics; 4. as regards clandestinity, or marriage to be contracted in the face of the Church; 5. as regards the solemnities of nuptials, S. R. C., August 14, 1858, Mont. Alb., ad 2; 6. as regards proof of free state. For these impediments are reserved to the Pope. - Regulars by their privileges are able to dispense merely for the internal forum in a vow of virginity, or of not marrying; for they have the same power of dispensing from vows in the internal forum which belongs to Bishops by ordinary right, according to the common opinion of the doctors. L. 987, 1119, 1128; Benedict XIV, Instr. 80, n. 15; Sanchez, l. 1, d. 61.

820. Here we shall treat of those things which are premised for the licit and worthy reception of the sacrament: 1° of espousals, which are sometimes, although not necessarily, premised to nuptials; 2° of the examination of the spouses, by which the pastor inquires whether they are able for marriage; 3° of the proclamation of banns, which regularly ought to precede marriage; 4° of the consent of parents; 5° of the dispositions necessary for the worthy reception of the sacrament.

850. 1° The obligation of this investigation is established: (a) from the Ritual itself,² where it is declared that the pastor ought to inquire "who and what sort of persons they are who wish to contract Matrimony; whether there is any canonical impediment between them; whether they wish to contract spontaneously, freely, and according to the honesty of the sacrament, etc."; (b) by the authority of Benedict XIV, who in the Constitution Nimiam licentiam, n. 10, has these words: "The burden has likewise been enjoined upon the proper pastor, that before the announcements concerning a marriage to be entered are publicly made in church, he himself should strive to explore both the betrothed man and the betrothed woman separately, cautiously, and, as is said, in the ear, whether by their own will, spontaneously and freely, and with true consent of mind, they are mutually joined in marriage"; (c) from can. 1020, § 1; (d) from the very office of pastor, whose part it is to care that the sacrament of Matrimony be administered not only validly, but also licitly and worthily; but he cannot accomplish this unless he questions the betrothed themselves: for the knowledge which is obtained from others often is insufficient, especially when there is question of occult impediments, or of the subjective dispositions of the parties.

² De Sacram. Matrimonii, n. 1.

851. 2° The object of this investigation is threefold: concerning the free state of those about to marry; concerning the impediments which can stand in the way of their marriage; concerning Christian doctrine, in which they must be instructed.

(A) On the free state. (a) Formerly by common law, when the betrothed or their parents notified the pastor concerning the marriage to be celebrated, he had to declare that two witnesses were to be presented for each party, known and suitable, who would depose concerning the free state of those about to marry, that is, would testify that they were immune from every matrimonial bond.

(b) But in practice these things have gone into desuetude in most regions. Now the pastor is held: 1) to exact the testimony of baptism, unless baptism was conferred in his own territory;¹ 2) in the better manner in which it can be done, to inquire concerning the free state of the betrothed, especially of outsiders, from whom testimonial letters will be required, signed by the pastor of the domicile or quasi-domicile, and of wanderers, for whom recourse will be had to the Bishop.² Otherwise it could happen, as in fact it does happen especially where divorce prevails, that the marriage is invalid because of the impediment of ligamen. Nevertheless it is not necessary to have recourse to the Bishop, if there is question of those who, having left a parish, dwell for a time in another parish of the same place, because these are not properly wanderers.

¹ Code, c. 1021, § 1 and 1103, § 2 and 3.

² Code, can. 1029, 1032.

852. (B) On other impediments. The pastor must furthermore prudently investigate whether any canonical impediment, prohibiting or diriment, intervenes between the contracting parties or not.

Therefore he will question the betrothed man and the betrothed woman separately and cautiously: (a) whether by their own will, spontaneously and freely, with true consent of mind, they wish to be joined in marriage; (b) whether they are conscious of any impediment of consanguinity, affinity, etc.; (c) whether they have given fidelity or a pledge to others; (d) whether they have obtained or at least sought the consent of the parents; (e) whether they have satisfied, or are prepared to satisfy, those things which are required by civil law.³ - The manner of instituting this questioning is left to the prudence of the pastor, and must be different according to the different condition and character of the persons.¹

³ Cf. Code, can. 1019, 1020, 1029, 1030, 1034.

¹ You will find a formula of questioning at Joder, op. cit., p. 8-10.

The right of questioning the betrothed belongs to the proper pastor; if the betrothed belong to different parishes, each pastor can question his own subject; nevertheless it is better that the pastor who assists at the marriage (generally the pastor of the betrothed woman) examine both, if they are not too distant from his church.

If from this investigation some public impediment is detected, one cannot proceed to the publications except after a dispensation has been obtained.² - But if the impediment is occult, the pastor will not suspend the publications, lest perhaps from this it become public, but will immediately seek a dispensation from the competent authority.³

² Code, c. 1031, § 2, n. 2.

³ Code, c. 1031, § 2, n. 1.

853. (C) On Christian doctrine. Since, according to the Ritual (l. c.), the pastor must inquire whether "each knows the rudiments of faith, since they must afterwards teach these to their children." Hence the Holy Office decreed,⁴ in the year 1697, "that marriage is not to be proclaimed in church by pastors, unless beforehand they have found the betrothed sufficiently instructed in the rudiments of the Christian religion." Benedict XIV likewise sanctioned this, l. c.

⁴ Ap. Benedict XIV, De Syn. dioeces., lib. VIII, cap. 14, n. 3. - Hence deservedly the Third Council of Baltimore says, n. 125: "An opportune examination should also be placed before the marriages of the faithful, by which the contracting parties are examined and instructed concerning religion."

The pastor therefore will take care that the betrothed sufficiently know: (a) the truths necessary by necessity of means and of precept, namely the Apostles' Creed, the precepts of the Decalogue and of the Church, the Lord's Prayer and the Angelic Salutation, the acts of faith, hope, charity, and contrition, and those things which regard the sacraments; for they are held to know these both for attaining their own salvation, and for instructing their children concerning this matter.

But if some are found who are dull of mind and of scanty memory, so that they cannot retain all these things, it suffices that they know and believe the principal mysteries of faith; but that they perceive in an imperfect manner the other things which are necessary by necessity of precept, provided they are prepared frequently to attend sermons, lest truths of this kind slip away altogether from their mind.⁵

⁵ Thus Benedict XIV, l. c., n. 6.

(b) The duties proper to the state, namely the indissolubility of the matrimonial bond, the mutual duties of spouses, their duties toward children to be begotten, the necessity of educating offspring in a Christian manner, etc.¹ The pastor can seize this occasion for admonishing the betrothed concerning certain vices to be avoided, concerning the dangers which are found in secret societies, concerning the evils which are accustomed to follow from drunkenness or the frequenting of taverns, etc. - Yet this must be done prudently, according to the different condition of those about to marry; which is especially true of the mutual duties of spouses; for nothing must be said which could furnish scandal, with attention paid not only to the customs of each region, but also to the age and authority of the pastor. Hence if the betrothed woman asks what is licit for married persons, it will be enough to answer that all those things are licit which are required for the generation of offspring; and if she desires more, let her be referred to her mother or to another person of proved virtue, adding nevertheless that doubts which arise concerning the liceity of certain acts must be set forth to the confessor.

¹ You will find a form of examination and instruction at Joder, p. 10-24.

Besides, when it is established that the betrothed are well instructed, the obligation of questioning them concerning the truths of faith or the duties of their state does not urge so strictly, and the examination can be carried out briefly.² Nevertheless, when the betrothed refuse to be taught Christian doctrine, they are not to be barred from contracting marriage.³ - Moreover, all are to be admonished that they prepare themselves for marriage by a previous confession, and not defer it to the very day of the nuptials; for thus occult impediments, if there are any, can be detected at an opportune time, and richer fruits are received from the sacrament.

² Sometimes the reading of certain books can be advised, in which the duties of spouses are chastely described; for example, Monsabré, Conf. sur le Mariage, rendered into English by Hopper, New York, 1890; F.-A. Vuillermet, La Vocation au Mariage, Lethielleux, 1913; Girardey, Popular Instructions on Mariage, New York, 1896; Taylor, A Sure way to a Happy Marriage, from the German of Sickinger.

³ Response of the Pontifical Commission for interpreting the Code, June 2-3, 1918.

Usefulness. This chapter must contain not a few things by which priests will be able opportunely to perform their office of counselors. At the same time it vindicates the rights of parents, which today are too much neglected.

I. Compared parts of the confessor and pastor. To the pastor and confessor, in apt preparation for matrimony, parts sufficiently similar are incumbent. The former, however, more from justice, the latter more from charity, must give labor so that marriages are contracted only under favorable auspices. The part of neither is to act as if procurators of marriages, a thing which abounds in envies and dangers; but each must be a prudent counselor both of parents and of betrothed persons. The pastor, however, will give responses and suggest counsels more from his own investigation and knowledge; the confessor, more from the indications supplied to him. The inquiry concerning impediments to be foreseen pertains rather to the proper province of the pastor. Nevertheless, opportune interrogation by the confessor cannot be neglected, if the things said in confession introduce suspicion of some occult impediment. Reckless marriages are more prudently and effectively cut off by general counsels before a definite occasion has offered itself than when excited desires and ambitions have begun to blind parents and children, and an easy revelation of the counsel given can render the priest who dissuades odious. Therefore:

II. Among parents these things are to be procured:. a) that a strong and generous formation render sons and daughters apt for the burdens of matrimony; b) that they turn away from matrimony those little apt, for example from weakness of body; c) that, within the limits of congruent unions, they permit to their children, especially females, a conscious and free option of a person truly loved¹. And that the option may be conscious, it is necessary that the daughter who seems about to live a secular life has seasonably drawn a sufficient notion concerning sexual matters, concerning the mutual rights and duties of spouses, and that this instruction to be done not be committed to the husband after nuptials; d) that they yield to no destructive ambition by which they seek splendid rather than happy nuptials for their children; e) that they desire and strive to prepare for their children only such nuptials in which an intimate conjunction of souls ennobles and strengthens bodily conjunction.

But at no price should the pastor and confessor make themselves accomplices of illustrious or rich parents who pursue for a son corrupt in abandoned morals an angelic bride, ignorant of evil and deceived in the qualities of the bridegroom.

¹ Nevertheless parents are by no means prohibited from fostering commerce and joining acquaintance with those families in which desirable nuptials offer themselves almost spontaneously to their children. Indeed this is greatly to be advised, so that children may be preserved from reckless counsels and loves.

III. 1. Especially upon young men there must be inculcated what Augustine himself already admonished, that by human dignity and equity itself it is demanded that they preserve themselves pure for the bride whom they require pure for themselves¹; nor is any dispensation had in matrimony itself from the strong command by which reason must hold the passions subjected, since more and more frequently the necessity of continence in every state is imposed by civil culture itself; furthermore, that an undefiled approach to matrimony contributes very much to the happiness itself of marriage, and a human, not brutal, use of the rights of matrimony.

2. A daughter must be admonished that she be mindful of her own worth, that she not hand herself over as cheap merchandise to the first buyer, but defer much to the authority of good parents, who are solicitous only concerning her true utility. Let her consider how worthy of confidence the young man must be to whom she hands herself over wholly to be possessed!

¹ Cf. Serm. 132, P.L. 38, 735: "Such as you wish those wives to come to you, such ought they also to find you."

IV. Illicit marriages, marriages to be dissuaded, marriages to be desired. 1. From c. 1060 itself, we know that by divine law also those marriages are forbidden which bring a grave danger of perversion, such as frequently are not only those which are joined between a Catholic and a non-Catholic party, but also, and no less, those which are contracted with a person alien to Catholic piety, or, what is worse, hostile to religion. Besides perversion of the intellect, today moral perversion is to be feared, from the too famous abuse of matrimony through neo-Malthusian arts, which are to be imputed either to one or the other of the betrothed persons or especially even to the parents of the wife. Wherefore Christian prudence obliges the Catholic and pious party to render himself more certain concerning the very faculty and facility of an honorable life. Nor indeed can the conjugal life be happy or safe which morally forces one of the betrothed persons to perpetual complicity, at least material, with the sins of the other.

2. Marriages are also to be dissuaded where concord of souls cannot be perfect; nor can the betrothed truly become intimate, one to the other.

3. But marriages are to be desired which join persons physically apt, of the same or similar civil culture, agreeing concerning true religion and right morals, so that they may mutually aid and perfect each other, and give to the earthly fatherland, as also to the Church militant, children who will someday be citizens of the heavenly fatherland.

Sufficient instruction in mutual duties. is to be procured. 1. The things which must be known are nearly these: a) that among spouses all acts are lawful which of themselves are necessary or useful for generating offspring, although, from the side of the extrinsic end, a venial disorder can occur; b) that equal is, as regards those acts, the right of each one to ask them, and equal also the grave obligation of not denying them, unless they are excused by grave inconvenience (cf. 1 Cor. 7, 3-5); c) that acts will be mortal which of themselves would impede this end of the propagation of the human race. And let those about to marry be raised up into confidence in divine Providence; d) that consummated acts against nature are mortal, or acts which of themselves are, as it were, begun pollution, when they are done in those circumstances in which copulation will not immediately be had; e) that other things among spouses are free from grave fault, or even from every fault, if there was a just cause.

2. These things will more aptly be handed down through a book or through upright married persons. Nevertheless to a pious bridegroom, if there is need, something, more, can be said cautiously by a priest. But to a man little religious, the confessor will often more prudently demonstrate merely in general the sanctity of that state, the dignity of the wife, the reverence due to her, and how much more humane morals, a happy matrimonial life, and especially the perseverance of mutual fidelity and love, demand that the spouse not be taken up as an instrument of pleasures.

3. With the bride a briefer conversation will have to be had. If she is conscious of the use of matrimony, the things said above should be explained to her in a more general manner; but if she is ignorant of the matter, she should be sent, for instruction, to a pious mother, a religious matron. And if it is at hand, let a little book be supplied by which the mutual duties and rights are explained clearly and honorably at the same time.

It will also be good counsel that she not defer confession long after matrimony, in which she may obtain the solution of fuller doubts.

I. Honorable ends of the contracting parties. The primary end of the institution is not to be obtained or pursued in individual marriages. For the fitting propagation of the human race does not require this, provided there is no action against the primary end, but, in the proper action of marriage, the order to that end is substantially preserved.

Therefore matrimony is contracted honorably: 1. For the end of generating and educating offspring, who may be useful to the state and to the Church, or who at least may be heir of the heavenly kingdom; 2. As a remedy of concupiscence, intending nothing else, according to that saying of St. Paul: "For it is better to marry than to burn" (1 Cor. 7, 9); 3. For mutual help or conjugal society, and therefore even with a pact of preserving continence, provided nothing is done against the primary end of matrimony; 4. For honorable ends extrinsic to matrimony, not contrary to the intrinsic ends, for example for composing peace between kingdoms or families, for preserving the splendor of the family.

Concerning him who in matrimony merely seeks the pleasure of the flesh or the satisfaction of the appetite of excellence, from the noble place or opulence which he thence enjoys, concerning him, I say, who seeks these things, with the mode of temperance nevertheless preserved, there returns the controversy concerning one acting for the sake of delight, which we examined in the general part n. 117. Nevertheless, considering the gravity of the matter, it is scarcely conceived how a reasonable choice of state can be commanded by the pursuit of delight alone.

II. An honorable manner of contracting. demands: 1. That the contracting parties be in the state of grace if and when they receive the sacrament. Yet because they are not consecrated ministers, those who contract in mortal sin are guilty of one grave sacrilege only, and this insofar as they receive the sacrament, not insofar as they minister the sacrament. But the material cooperation which one betrothed person gives to the other contracting in the state of mortal sin is for the most part excused by a proportionate reason.

2. That the ecclesiastical prescriptions concerning the celebration of matrimony be observed.

3. That they then give properly matrimonial consent when the substantial form is observed. Wherefore Catholics are to be admonished that they reserve it for the moment when they appear before their competent priest and two witnesses for entering matrimony. Before the civil magistrate it is lawful for them to have only this intention truly, of admitting the civil sanctions and obligations to the matrimony which they have already contracted or are about to contract in the face of the Church. Nor therefore do they have anything to fear for the civil validity of their act, since, in this cause, the very reason of liberty of conscience and religion demands that the civil magistrate be content with consent so expressed. Otherwise, recent patrons of free love could never celebrate valid civil nuptials.

I. 1. Both the pastor and the confessor must be, not procurators of marriages, but prudent counselors of parents and betrothed persons. The pastor more from justice and his own inquiry; the confessor more from indications supplied to him, which nevertheless must be completed by opportune interrogation. Moreover souls are more prudently and effectively turned away from reckless counsels generally than recalled from recklessness already begun.

2. Let parents procure that their children be physically and morally apt; that they dissuade nuptials from the little apt; that they allow their children a sufficiently free option; that they put happy nuptials before splendid ones.

3. Let young men preserve themselves pure for the chaste matrimonial covenant; let the daughter be mindful of her own dignity and worth.

4. Illicit are marriages which induce grave moral danger; to be dissuaded are those from which perfect concord cannot be hoped; to be desired are those which are contracted between persons physically apt, of similar civil culture, agreeing concerning true religion and right morals.

5. Sufficient instruction in mutual duties is to be procured; nevertheless let this be done prudently and cautiously by a priest, who therefore will send the bride rather to a person of her sex or to a well-written little book.

II. 1. Ends of the contracting parties. Matrimony is contracted honorably for the generation of men, as a remedy of concupiscence, for mutual help, even with a pact of preserving continence, and for other honorable ends not contrary to the intrinsic ends. Delight itself is not forbidden to be sought moderately. Nevertheless an exclusive pursuit of delight does not seem able to be composed with the gravity of the state undertaken.

2. The betrothed, when they receive the sacrament, must be in the state of grace; otherwise, as receiving, but not as conferring the sacrament, they would be sacrilegious. The material cooperation of the other betrothed is for the most part excused by a proportionate cause. Ecclesiastical prescriptions concerning the celebration of matrimony must be observed; and consent must be given when the substantial form is employed, i.e. before the pastor and witnesses.

705. Preliminary note. It belongs to every good pastor of souls often and insistently to admonish young persons of each sex not rashly and precipitously to embrace the matrimonial state, but to prepare themselves for an office of such great moment with unceasing labor and fervent prayer, mindful of Sacred Scripture saying: "House and riches are given by parents; but a prudent wife is properly from the Lord."⁴¹⁹ Nor should young persons think that those marriages are always fortunate in which bodily beauty, honors, and riches abound; but happiness, both earthly and heavenly, will be possessed by spouses only when, led by the best intention, they strive exactly to fulfill all the obligations which spring from the three goods of matrimony. - Three things are accustomed to precede the celebration of matrimony, namely, betrothals, the examination of the parties, and banns; these three we comprise in two articles: 1. on betrothals; 2. on the examination of the parties and on the banns or proclamations of matrimony.

⁴¹⁹ Prov. 19:14; cf. Code of Canon Law, c. 1018.

In this chapter we shall treat of those things which are prior to matrimony, namely:

I. Concerning betrothals; II. Concerning the examination of the spouses and the publication of banns.

Before the celebration of matrimony, two duties must be fulfilled by the pastor: namely, to examine the spouses and to carry out the antenuptial proclamations.

Concerning each duty we must now treat in distinct paragraphs.

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).