The Obligation of the Confessor regarding Impediments

I. If the confessor detects an impediment which requires dispensation for the external forum, let him send the penitent to the pastor. If the confessor himself is the pastor of the penitent, let him exhort the penitent to open the impediment to him outside confession.

II. If the confessor detects an occult impediment, let him generally warn the penitent about the necessity of dispensation, and, if the penitent consents, he can obtain it for the forum of conscience. The faculty of the confessor sometimes to dispense will be spoken of later.

869. (c) The sacramental secret, or that which is committed to someone by reason of public office, for example to a pastor, physician, midwife, advocate, etc.; for the public good, which is preferred to the private good, demands that such a secret be altogether observed.

But if these persons have known the impediment from elsewhere - not by exercise of their office - they are held to reveal it, unless by acting thus they would come under suspicion of violating the secret committed to them. Besides, all these ought privately to admonish those about to marry themselves concerning the existence of the impediment, and exhort them to manifest it; indeed the pastor can, without violation of the seal, and generally ought, secretly seek a dispensation.

But the confessor, who from the confession of a penitent detects a public impediment, ought to urge him to manifest the same to the pastor, or to grant permission to himself to seek dispensation; but if the impediment is occult, with the license of the penitent, he himself should secretly ask for dispensation.

But the natural secret, promised or committed (not however by office, as above), does not dispense from the obligation of denouncing; for from the secret being kept there would follow damage to an innocent third party, insofar as injury is brought upon one of the betrothed, and also damage to public right, insofar as injury is brought upon the sacrament; now a natural secret does not oblige with so great an inconvenience.

Moreover, the denunciation must be made at the opportune time, that is, before the marriage; indeed it is expedient that it be made as soon as possible, morally speaking, after the first promulgation of banns, so that either the nuptials may immediately be prohibited, or a dispensation obtained.

870. 3° On the manner of acting of the pastor in receiving revelations. The pastor, receiving a denunciation, (A) must weigh the value of the testimony: (a) by inquiring what sort of person the denouncer is, what authority he enjoys, whether he is moved by envy or only by love of the truth; (b) what sort of proofs he brings, whether full or half-full; (c) by questioning other witnesses, if it can be done; by approaching those about to marry themselves and their parents, so that he may see whether they are conscious of the impediment or not.

(B) When these things have been completed:

(a) In the case of a certain and indispensable impediment, he ought to admonish the betrothed concerning the impossibility of celebrating the nuptials; in the case of a certain and dispensable impediment, "if the impediment is occult, he shall carry out or complete the publications, and shall report the matter, withholding the names, to the local Ordinary or to the Sacred Penitentiary; if it is public and is detected before the publications have been begun, the pastor is not to proceed further, until the impediment is removed..., if it is detected after the first or second publication, the pastor shall complete the publications, and refer the matter to the Ordinary." (Code, c. 1031, § 2.)

(b) If there is doubt concerning the existence of some impediment, the pastor should accurately investigate the matter, by questioning under oath at least two witnesses worthy of faith, provided that there is not question of an impediment from the knowledge of which infamy would arise for the parties, and, if it shall have been necessary, the parties themselves also; if the doubt remains, he is not to assist at the marriage without consulting the Ordinary.¹

¹ Code, c. 1031.

(C) If only the pastor or Ordinary knows an impediment, without being able to prove it, it is disputed whether he can and ought to stand in the way of the marriage; the more common and safer opinion affirms this, unless a dispensation can be obtained; for here there is question not of a penalty to be inflicted, but of the gravest evils to be averted.

Scholion: On Marriages of Conscience and Morganatic Marriages.²

² Benedict XIV, Constit. Satis Vobis, November 17, 1741; Quaest. Canon. 397; De Syn. dioeces., l. XIII, c. 23, n. 12 sq.; F. Mazzei, de Matrimonio conscientiae, Rome, 1768; Bangen, II, p. 50-52; Carrière, n. 440-442; Feije, n. 343-346; Rosset, II, n. 1193-1204.

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

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

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

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

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

¹ Cf. Addenda, p. 1093, n. 26.

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

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

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

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

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

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

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

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

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

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

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

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

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

Question 7. Must the publications ever be repeated?

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

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

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

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

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

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

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

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

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

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

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

§ 2. When a certain impediment has been detected:

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

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

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

¹ Cf. Addenda, p. 1116, n. 65.