The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-05
DIVORCE IN P. E. CHURCH,
REPORT OF THE COMMITTEE ON
CONSTITUTION

A Proposed New Canon FOrbids the
Remarriage of Even the Innocent
Party In a Divorce for the Cause
of AduItery-Bisholp Potter and
the Rev. DIR. Huntington Dis
sent.
From the New York Sun. April 2.
After nearly six years Of labor, the joint
| commission appointed by the general con-
vention Of the Episcopal church in 1892 for
the purpose Of revising the constitution and
canons OF the church has completed It's task.
and it submitted yesterday copies of Its re-
port to the delegates to the general convention
to be held in Washington, D. c., next De-
tober The joint commission prepared re-
vision of the constitution and canons for the
consideration of the general convention in
1895. but the report was not accepted, and the
commission continued with instructions
to submit another report in 1898. The joint
commission consists of the bishops of Albany.
Kentucky. Chicago, Quincy, New York, and
Maryland; the Rev. DR.. Eugene A. Hoffman,
the Rev. DR.. ]. S. Stone, the Rev. DR.. Charles
A. L. Richards, the Rev. DR.. Hail Harrison,
the Rev. DR.. F. P. Davenport, the Rev. DR..
]. Houston Eccleston, and the Rev. DR..
William r. Huntington. and Messrs. w. H.
Lightner, Edward G. Bradford, F. B. Swayne,
Charles G. Saunders, John A. Beall, Frank H.
Miller, and w. s.. Laidley.
The document is perhaps one of the most
important in the history of the American
Episcopal church, and its provisions are like
ly to excite no end OF discussion in TIE ses-
sion of the general convention before they
Will be placed en- the statute books of the
church. In fact, opposition to several Of the
| proposed enactments was made manifest in
the deliberations of the commission, and sew
eral members have put themselves on record
as CT dissenting opinion to this Or that propo-
sition.
One of the subjects which is likely to stir
up strife in the church at large is the revis-
ion Of the canon on marriage, which forbids
the marriage of either party to a divorce
during the lifetime Of the other. This is op-
posed to the existing law of the church in
this country. which permits the marriage of
the innocent party in divorce for the cause
of adultery. The full text of the canon ''of
marriage" is as follows: =
Section 1. No minister shall solemnize n
marriage. the parties to which are within
the degrees of consanguinity and affinity
defined in the eighteenth chapter of the
Book of Leviticus.
Sec. 3 Cd 1t shall be the duty of min
listers to admonish the people from time to
time that the church dscountenances clan
destine marriage.
CID No minister shall solemnize the mar
rage of any person who is a minor under
the law OF the place of marriage, unless
the parent or guardian Of such minor is
present, or shall have given written consent
to the marriage, or is permanently resident
! in foreign country.
QlI) No minister shall so-emnize mar
| riage except in the presence of at least two
witnesses. himself or one witness being per-
sonaIy acquainted with the parties.
QVO Every minister of the church SHALL
at the time of the marriage. record in the
| record of the register of the parish in which
| the marriage takes place the name, birth
| place, age and residence Of each party, and
such record shall be signed by the minister
who performs the ceremony, and by at least
| two witnesses of the marriage.
Sec. 3. No minister of this church shall
| soemnlze the marriage of either party to a
! divorce during the lifetime of the other
| party.
| TIC the provisions section of the above
canon, Bishop Potter, the Rev. Dr. J. Hous-
| ton Eccleston. William H. Lightner Frank
II. Miller and the Rev. Dr. William R.
| Huntington have already entered their dis
| sent, and recommended that the said Sec
ton shall be made to read as follows:
| No minister of the church shall solemnize
the marriage of any person who has di-
| shall not apply to the innocent party in a
divorce suit on his. or her, filing with
the minister, as evidence Of such innocence.
! a legally certified transcript of the record
| showing final Judgment or decree, of
! court Of record having jurisdiction on the
subject matter, awarding him or her a d.
| vorce "a vinculo matrimonii' on the ground
| of adultery.
Canon 81 provides that: "UntiI further or
der be taken the Oxford quarto edition Of
1852 of the Holy Bible is recognized by this
church the standard of Typography and
| punctuation"
Canon 80, "Of the Use of the Book Of
Common Prayer" says:
| Section 1. The Book of Common Prayer
as the same has been established by the
| general convention shall be used by every
| minister of this church upon all occasions
of public worship for which the church
| provides. When officiating in such services
| he shall use no other prayers than those
| of the Book of Common Prayer, except such
forms of prayer and thanksgiving may
be set forth by the bishop for special &C.
caSions.
Sec. 2. All ministers shall say daily the
morning and evening prayer either private
! ly or openly, not being let by sickness or
other urgent cause.
Sec. 3. The bishop of every diocese, or
| missionary jurisdiction may compose forms
Of prayer or thanksgiving as the case may
| require, for special occasions. and send
them to every minister within his diocese
| or jurisdiction, and it shall be the duty Of
| the minister to use such forms.
The section of the last named canon re-
| ferring to the compulsory service Of daily
morning and evening prayer has met with
! the Objection OF a NUMBER Oh members or the
! commission, who ultra conservative in
! their opinions. The dissenters include the
Rev. DR.. C. A. L. Richards 1t is probable
that this section will be fruitful of discus
sion and comment in the sessions of the
next general convention.
In canon As q radical departure is proposed
| from existing conditions by the organizations
CT provinces with a bishop for a primate,
thus centralizing the Episcopal functions.
| The canon is entitled "of provinces" and Is
| as follows:
Section 1. The dioceses and missionary
| jurisdictions of this church hereby
united into provinces, follows:
| Sec. 2. The bishops in each province shall,
within three months after this canon takes
effect. elect one Of their number to be
primate.
| this church may. at its first session to be
| held after this canon takes effect elect five
| presbyters, economically resident in the do
| cese, and five laymen, communicates Of this
| church. and having domicile in the diocese,
| to be delegates to provisional synod Of
| the province; the delegates SO chosen, to-
| gether with the bishops OF the province,
| will constitute the said provisional synod.
Sec. 4. The prlmate Of every province. or.
| in the case of his death or disability, the
| senior bishop thereof, shall summon such
provisional synod to meet at some conve-
| nient place. within one year after this can
| on takes effect
| Sec. 5. The said provisional synod may
enact statutes for the organization of the
| provisional synod. and for the exercise by
| 1t of legislative powers Of the general
vention. for the common interest of the
| church within the province, and for uni
form mode Of trial Of presbyters and dea-
| cons. No statute so enacted shall have
| force or validity in any diocese unless rati-
fed by such diocese, or in any missionary
| jurisdiction unless assented to by the bish-
enactment iaI