The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-21

should be closely examined. Engiish legislation
declares the marriage null II according to the prn
cplcs OF the Roman canonicai law and the French
droitpublie the French priest himself unable 10
legally perform The marriage, and H. consequently,
he incapable OF closhing the English priest, who
did celebrate il, with this power
WHAT TnE coxcoRDAr PROVIDES.
The Catholic priest subject 10 the regulations OF
the Concordat (convention OF the 70 Aessdor, year
Ky between the Holy See and the French govern
ment. This law canoncsl ana civil, regulates
tho character, capacity, powers and jurisdiction OF
French Catholic priests Article 81 OF the Concordat
thus conceived --"rhe priests shall not give the
nupai benedictiou except those who shall justify,
in good and due form, having contracted mar
riage before the ofhcer Of the civil
law" According TO this law the Catholic
priest is invested with any power neither with
any quality for proceeding with act Of marriage,
and he Is even interdicted from dspe nsing the nup
tial bsnedicon without the Of marriage has been
passed before officer Of the civil power. The con-
sequence Of this formal declaration OF the organic law
Is that the nuptal benedction given in violation Of
article 81 OF the Concordat is not only OF no civil
effect but without effect economically. Tho priest OF
st. Philippe du Roue could not, from canonical
point OF view, validity celebrate the religious mar
riage, or, as the Concordat says. give the nuptai
blessing his parishioners, without he was justified
by the acknowledgment of their civil marriage before
an oficor Of the State.
IS MARRIAGE
Marriage being essentially act Of territorial
jurisdiction the priest Of Chaplain could not conse-
crate validy from q canonic point OF view without
being fun nsned with the obligatory power Of
the cure OF st Philippe du Roule, and who. on his
part, could not confer this power his delegate
nd of N Of n COucOrdat.
1t is, moreover, Indispensable to recall here that
rules require that in order 10 be valid dele
CATIONS, pcrmissions or authorizations may not be
given except under the express condition that there
Is civil or canonical bar TO the marriage" The
principles OF French civil law governing the personal
status OF the parties does not invest the Catholic
priest with any authority to consccrate marriage;
only the civil officer OF the parish Of one OF the
parties clothed with this power (artcls i63 Code
Napoleonl and the law expressly accords ITO tho
aspoused themselves action tor nullity whom
their marriage has not been contracted before the
regular civil officer (article 19l, Code Napoleonl
According TO these same principles marriage
celebrated directly by the French priest or
in virtue Of his mandate, OF his delegation, can
be considered valid act, equivalent or sup
plant the received before the civil officer.
Such marriage is struck with absolute nullity, and
public order under circumstances whatever can
justify it, The legislator has gone further still. He
has consccrated these principles by penal code. A
religious marriage celebrated contrary to the require
ments Of the civil and tho Concordat is not only
tainted with absolute nudity ny the civil ana canon
cal laws, but II also falls under application OF
tcles 1919 aud 200 OF the Penal Code, which say
Any minister ola sect who shall proceed with the
religious ceremonies OF marriage without bel ny jus
tined by certificate OF marriage previously received
from the officer OF tho civil power shall be punished
far I'M tAfI.n wtfh Ana
OF recurrence with Imprisonment from two 10 hve
years and for the seconl offence with detention.
CONCLUSIONS.
Frst-The act Of marriage celebrated In the church
at Chaplain. on July 20, 1885, has value with re-
gard to French law.
Second-lt does contain the essential condition
OF validity required by the Code Napoleon (article
l70) which does not declare lawful marriage con-
iracted IN foreign country between French, or be-
tween French and foreigners, except IN the case
il has been celebrated In the customary forms
OF tho country.
Third--The said marriage has not been celebrated
coniormably with the rites aud ceremonies OF tho
Roman Catholic Church Zone OF the forms employed
In Engand) since in the Roman canonica law the
priest OF Chaplain was Incompetent ard personally
deprived Of all capacity, Jurisdiction or power over
the espoused.
Fourth The cure OF St. Philippe du Roule has not
covered this incapacy by the delegation mentioned
In the certificate. Consequently the undersigned
counsel that the marriage between Monsieur 10
Marquis do Caux and Miss Patti. July 20. 1865, at
Clapham, district OF Wandsworth, county OF Surrey
England before Rev. William Piunkett priest OF the
Church Of 81. Mary, &C., is null and OF no effect.
A. DOUMERC, Avocst in the Court OF Appeals
ANNEX A.-TnE ACT OF MARRIAGE
Extractum ex lbro mairmon iorum, Ecclesisn $.
Mar1 Immaculate de Victsrius apud Chapman, sur
rey. IN piocesi suthwarcensi, anpo 1868, die 2olh
Mens JUN.
Ego Guelmus Piunkett 9. s. $. r., in matrimo on %
couJunx Henricum ue Roger dc Cahuzsc Marchioncm
dc Caux paroccia ). Clotilds Parsiis No. Bolton
row. Mayfair, Mum Heinrich do Roger de Cahuzac
Comtis de caux, ct AdelinnE Johannam Marian
Patti, ex parocca ). Phinpi rotulo Parisiis PIER
pont House, Atkins road Chaplain Park, nliain Sal
vatoris Patti Prosecutions testbus Henrico Prin-
cipe de Latour d'Auvcrgne, ct Henrico Mure necnon
Guiiemo Drogo, Duca de Manchester, OF Michacc
Costa
Guiiemus Piunkett g. s. s. R., delegatus spcciali.
ter parocho s. Phiiippi Ro,uio Parisis adj matrj-
moniu benediccndu. Ego In irascriptus tcstor prB-
dictum, extrscuu IN omnibus coniorme cum
register matrimonial. In cujus Hdem huic cst moni 10
mea mann subscriptu.
~ copy or MARRIAGE CHRTIyIcArE