The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-21
A Remarkable Document from the
Cour d'AppeL
THE CAUX MARRIAGE NULL
Counsel Claims That the English Priest
Had No Jurisdiction.
ENGLISH AND FRENCH LAW.
There Being No Marriage There Can
Be No Divorce.
PARIS, June 4, 1878.

Paris, June 4. 1873
The following interesting document Is taken from
record in the Court Of Appeals ana explains nsot:-
on the goth OF July, 1868, Mr.. Henri de Roger de
Cahuzac, Marquis de Caux, and Miss Adena Jeanne
Marie Patti, presented themselves before Rev Will
lam PuLket, priest OF the Catholic Church OF 81.
Nary's, Chapman Park, district OF Wandsworth,
county OF Surrey, England, with four witnesses to
proceed with the celebration OF their marriage. A
certificate (see annex B) prepared by the cele
brant in which expressly Declares
Firs-rhat he has united in marriage n. the Mar
gus Caux, OF the parish Of ST. Cotiide, Paris, with
Miss Patti, Of the parish OF ST Philippe Rouls,
Paris
Second-rhut he, William Plunkett, was specially
Delegated by the priest OF ST. Philippe du Roule, Of
Paris, TO bless the marriage.
On day, July 20. 1868. the certificate Of the
marriage celebrated by Rev. William Piuukeit was
transcribed upon the CivI Marriage Registry No. OF
the district OF wandsworth at page 90 The copy OF
this transcription by Mr. James Frost, Registrar,
(sco annex 81 contains the following dccaratlons:
First-Ihe marriage was celebrated contormably
with the rites ceremonies OF the Roman Catholic
Church
Second-Rev. William Plunhett provided with
license.
Can tho Marquis de Caux and Mss Patti be consld.
cred as having contracted a valid marriage? Tho
French law declares valid marriage In foreign country
The double condition that the been
celebrated "unaer the forms customary in the coun
try" that has been in contraventon OF the
rules OF the French Droit Public and the require
ments OF the French law An examination OF the
arst Of these two conditions-into the kind OF mar
mage celebrated at Chaplain, July 90 1S6S-demon
mrates Il according TO the civil rules OF
ME English law that this marriage was celebrated,
out tconi ably 10 the rites and ceremonies OF the
RonAn Catholic Church" In consequence the valid
Ivy or the nullity OF this marriage Will depend upon
the power ana the competency OF the prest at Clap
ham, Of the observance by him OF the rules OF canoni
cal law and lastly, OF the application Of the prn-
ciples OF the French civil law the marriage.
PART FiRsr-PowRR AND COMPETENCY or THE PRIEST.
The cure al Chaplain had no jurisdiction over the
parties. he legally incapable OF celebrating a
valid marriage, neither OF tho persons being OF his
parish ana cohseque nty, not within his jurisdiction
The canon,cal law interdscted him from proceeding
with their union 10 virtue Of the sole powers which
his character ana ONCE conferred, and marriage
celebrated under these conditions is absolutely null
la Iact tho certificate OF marriage states that OF
the parties came from the parish OF ST. Philippe du
Rouc Paris, the other from the parish OF st. Clotdc
OF the Same CITY Then, II WAS not IN virtue OF his
own personal powers aud com potency that Rev. Will
lam Piunkett onciated, but in virtue OF powers
pressly delegated him. The Council OF Trent
vdes. effect, that marriage not valid except II 10
ceIebrated:-
Non alter guam prgsente parocho;
Vel alo sacerdote de ,psius parocni;
Vel OrdInarii licentA
Ii was, therefore, to conform to this rule OF the
banonic iaw that the priest At Chaplain, he beng
personally incompetent with regard to tho parties,
asked tho priest OF tho parsn OF them dele
gate MIN The powers which alone belonged to the
latter celebrate valid marriage according to the
ecclesiastical law. The hccntid given the
priest OF Clapham by the priest OF st. Philippe du
Koue, and the marriage certificate says expressly
that William Plunkeu was especially delegated NY
the euro OF ST. Philippe du Roue 10 bless tho mar
Yiage" Hence, according 10 the canonica1 Law, as
the Chaplain priest himself ackn owedges. he
competent TO celebrate wand marriage, and that It
only 10 virtue OF tho special deegation OF tho
priest or ST. Philippe du RouIo that he believed
he mad power 'bless the marriage" Mr.
William PIunkctt acted as the delegate, as
tue rcpresentative OF the French cure whose
mandatory he was by virtue Of the special pro-
duration when had been given 10 him. In fact aud
IN law Is incontestiblo that II only In virtue
OF the powers which had been transmitted TO him
by the priest OF 81. Philippe du Roule that the
Engsn priest believed he had power to proceed with
tue marriage Of the Marquis de Caux aud
Miss Patti. ana, as Master Duiaurs SO well said
during a celebrated SUIT, "rho English priest
amply the hand that blessed the marriage. The
person who really did tho priest OF the church
Ia Pars' Tho Chaplain priest personally had
neither authority, jurisdiction nor competency TO
celebrate q valid marriage between tho Marquis dc
Caux aud Miss Patti He acted simply a
mandatory or delegate Of the Paris priest IN virtue
oil SPECIAL delegation. Acting In the said capacity
he believed he had the power to validity confer tho
sacrament Of marriage and perform a religious act
governed in all It's conditions Of validity aud OF
nudity by tho canoDical Law.
PART sEcoxD-wxKE THE RULES or MARRIAGES. on
sKRvkDf
Is the marriage celebrated July 20 1858, by the
priest OF Chaplain ul Of the observance
rules OF canonical law and tho violation OF the
rules laid by the French civil iaw7 French law
recognizes valid marriage contracted abroad be-
tween French between French and orcig ncrs when
Il boon celebrated IN the cusiomary iormsD OF the
iorcisn country Cart. no. Code Naposon The spirit
and also the letter Of this disposition OF the law nd
cate that the essential condition OF the validity OF
marriage resides IN tho observance OF rules ana forms
admitted by foreign legislation. Thus In this hypoihe
BIS II the contracting parties being French. should
have united the conditions which might placed
shcm under the personal jurisdiction Of the English
Catholic priest, the religions marriage cclc-
braied by this priest within tho limits OF his
authority would have produced all the civil
effects with regard 10 French Law. but the marriage
Of July o. 1865. tho s.cust omary
forms' In England and according to ruics recog-
nxcd by her legislation. la effect. the contracting
PARTIES not being under the jurisdiction Of the English
priest this latter In tho forms of celebra-
non OF the marriage, was obliged by reason Of his
personal ncompesncy 10 have recourse TO the French
priest Tor the necessary powers The English priest
himself In the certificate Of marriage that
acted only as the deputy or representative Of the
French priest, the cure OF ST. Philippe do Roule.
rRREguLARnY.
IL il no longer the recognized custom TO have mar
risge under conditions according 10 the Engish
law winch has been followed; Il was not its minister
shat performed ne.nsr was It he whom IL recognized
and whom u consecrales the power to celebrate
marriage; u the French. priest VINO nad
Inc power upon tho character aud the compe-