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Show CONCERNING MARRIAGE. What Will Be Necessary for Its Validity Under the New Law,. Following Easter of Present Year. After Easter, the presence of two -witnesses, and the ordinary or the parish priest of the place where the marriage is contracted, or a priest delegated by either of these, is necessary foX.the alidity of marriage, mar-riage, says Rev. J. T. McNicholas, O. P., in the Ecclesiastical Review. The only point to offer difficulty is to determine unmistakably who is the parish priest. For a clear understanding of the question we must keep in' mind the distinction that is made between the territorial terri-torial parochus and the parochus in ordine am matrimonium, according to the present decree. The latter class only concerns us, and in it are included, first. our irremovable rectors; secondly, regularly appointed pastors "ad nutum ordinarii"; thirdlv, pastors pro tern., in any parish; fourthly, pastors of missions; that is, pastors who have a mission or missions attached to their churches, are considered 'narochi in ordine ad marimonium" for said missions; mis-sions; fifthly, in the missionary districts of tho United States, where there are no parishes, any priests or missionaries assigned by Bishops to care as best they can for the scattered flocks, are to be. considered as having the right of parish priests in witnfcing marriages. The aforesaid priests-can delegate other priests frjr their (i. e., the delegating priests') parishes and districts. The prescriptions of the decree should be kept in mind. 1. a) Every ordinary can validly marry all parties in all churches or localities of his diocese, irrespective ujf the country or place from which the parties come, (b) The ordinary can delegate any Bishop or priest to do the same. 2. (a) Every parish priest or every priest who is "aproehu?nn ordine ad matrimonium," can validly valid-ly marry all parties from any part of the world who come to him in his parish church or within the limits of his parish or his jurisdiction, (b) The aforesaid priests can validly delegate anyjriest to "dePthc-salne.(c)Tliernumber of "parochi in ordine or-dine ad matrimonium" in a diocese depends on the Bishcp and pastors, (d) A "priest must have actually actu-ally assumed charge of his duties before h.e can act as "parpchus in ordine ad matrimonium" in any parish or locality. Thus the mere appointment of a priest to a parish or mission does not give him The right to perform marriage ceremonies for said parish, nor authority to delegate others, until such time as he has entered upon his office, (e) Three changes are to be noted in the law; first, a suspended suspend-ed or excommunicated priest whose name is explicitly explic-itly mentioned in the excommunications, but who has not been deprived of his office, can no longer validly perform marriage ceremonies. A second change is that the priest who now Assists at a marriage mar-riage must be a willing witness, who asks and re-ceivevs re-ceivevs the consent of the contracting parties; this is a condition for validity. Formerly a marriage was valid even though violence or force wrere employed em-ployed to secure the presence of the pastor. When a priest performs a marriage ceremony because of a threat or any. action inducing grave fear, the marriage is invalid. A third change is that the ordinary outside his diocese and the parish priest outside the limits of his parish, cannot validly assist as-sist at the marriage of their own subjects without due authorization. Our Bishops will have a serious difficulty in the question of mixed marriages, which are on the increase in-crease from year to year. In some localities where Catholicism is strong and the influence of Catholic society dominant, mixed marriages have led to many sincere conversions, but in the greater number num-ber of cities, especially large cities, mixed marriages mar-riages have proved to be a curse for the community and for individuals. The Holy See in legislation for the Universal Church cannot make her general law suitable to the particular needs of one nation of people. Thus, in the present decree, the Holy See in its general law exacts under pain of nullity nulli-ty that tfie marriage of a Catholic to a Protestant party must take place before the ordinary, or a duly authorized priest, and witnesses. But the general law makes wise provision to- allow mixed marriages to be valid in particular countries or localities even when celebrated before ministers or state officials; first, in all plA-cs that now possess a dispensation from the impediment of clandestinity, and, secondly, sec-ondly, wherever conditions, in the judgment of the Holy See, will warrant such an exception for the future fu-ture ''nisi pro aliquo particulari loco auf regione aliter a S. Sede sit statutum." Cardinal Gennari ae-ain assures us that "nisi pro aliquo," etc., does not change or abrogate any, existing dispensations to the impediment of clandestinity, hence, owing, to the decree 4Provida" granted to Germany, 8 January, 190S, all marriages of Protestants among themselves, and of Catholics to Protestants before ministers or state officials in the whole of the German Ger-man empire, will be valid after next Easter. Similar Simi-lar dispensations exist in many other countries. At present the writer cannot ascertain whether we have proportionately a greater number of mixed marriages mar-riages than Germany, but, considering the loyal and living faith of American Catholics, it is certain cer-tain we have a number but,pf all due proportion ENGAGEMENTS. 1. Evry matrimonial engagement after Easter must be in writing, although there is no necessity nor obligation to enter into a formal engagement before marriage. ' -2. In the eyes of the Church and before .God, private betrothal after Easter between Catholic parties, par-ties, or between fallen-away Catholics, begets no matrimonial obligation whatever, because the Church dWecs that every prenuptial. contract is void unless it is written and duly attested. , " (Continued on Page 5.) CONCERNING MARRIAGE. (Continued from page 1.) 3. Parties wishing to become engaged must sign the prenuptial contract, and have the Bishon or their pastor witness it. In the absence of the. Bishop or priest, two witnesses must sign the engagement. en-gagement. If one or both of those to be engaged, cannot write, this should be noted, and three lay witnesses must sign the engagement in the absence ab-sence of the Bishop or the parish priest. 4. These engagements should be encouraged. 1 made some months before marriage, they will heln to stop hasty alliances which are the cause of so many divorces outside the Church, so many unhappy un-happy marriages among Catholics..- 5. This written contract would furnish good grounds in our civil courts for breach of promise suits. 6. Protestants and all who have never been baptized in the Catholic faith are not subjects of this law. Private contracts bind, for the simple reason that the Church has not made these conditions condi-tions under which' they must enter into an agreement, agree-ment, i 7. All f allcn-away Catholics, whether they have become Protestants or infidels, arc bound by the. Taw. The Church, like the State, can bind her refractory re-fractory subjects. MARRIAGE. J. Every Bishop (vicar general or administrator administra-tor of a diocese) can validly marry in his own diocese dio-cese any parties, irrespective of the country or place whence they come. The Bishop can delegate dele-gate any priest to do thj same, 2. Bishops or priests may not assist at marriages mar-riages until they have assumed office. 3. There is no marriage at all if the priest be compelled to witness it. There is no marriage if the priest docs not ask and receive the consent of the parties. . 4. The authority which the Bishop has in his diocese the parish priest ha3 in his parish. 5. The Bishop outside his diocese and the pastor pas-tor outside the limits'of his parish, cannot validly valid-ly marry their own or other subjects without due authorization. 0. Marriage before a priest who is suspended or excommunicated by name will be no marriage at all. . . 7. Marriape of ail Catholics (both narties Cath- ( i . , olic) before a minister or civil magistrate will be no marriage at all. 8. Marriage of all fallen-away Catholics (who have become Protestants or infidels) before a minister min-ister or civil magistrate will be no marriage at all- 9. Marriage of a Catholic to a non-baptized person is never a real marriasre unless the Church grants a dispensation. Such a marriage before a minister or Justice of the Peace is no marriage at all for two reasons. 10. MaMrriage of a Catholic to a Protestant (one never baptized in the Catholic Church) before a minister or civil magistrate will be no marriage at all unless the Holy See makes a special law for the United States. 11. Marriage of a Protestant to a Protestant (provided they were never baptized in the Catholic Lhurch) is valid. 12. Marriage of a non-baptized man to a nou-baptized nou-baptized woman is valid as a lifelong contract. These parties do not receive, however, the Sacrament Sacra-ment of Matrimony. 13. There will be no marriage at all unless there be two witnesses one witness with the priest will not suffice. 14. Bishops or priests should not witness marriages mar-riages until they arc morally certain that the parties par-ties to be married are free to enter the matrimonial matrimo-nial state, hence as far as possible, dispensation from the publication of banns should not be sought, 15. For the lawful celebration of a marriage-one marriage-one or other of the contracting parties should hae a domicile or live for a month in the parish where they are to be married. This condition is not. however, essential for the validity of a marriage 16. Marriages of persons without a fixed abode j should be referred to the Bishop before the cc:-mony cc:-mony takes place. 17. Marriage should take place in the parish church of the bride, unless there be good reason t go to the parish of the groom. 18. There are new rules to be observed by the priest for the registration of marriages. When contracting parties are to be married in a church where they were not baptized, they should before marriage secure their baptismal certificates. 19. Marriage entered into when there is danger dan-ger of death, can be witnessed by any. priest, with two witnesses, provided there is not time to reach the Bishop, parish priest or priest appointed by either of these. 20. If for an .entire month parties cannot secure se-cure Bishop, parish priest or any priest appointed , by either of these, they may in the presence of two witnesses (there is no marriage if there be not , two witnesses) declare their consent to marry. They j are then in the eyes of the Church and before God married. As soon after the marriage as possible i they should send their names to the parish priest for registration and do whatever is required to have I their marriage legally recognized by the state. |