The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-25
WHEN DIVORCED BY THE POPE.

y Ni'"iSe appears 10 De the topic or the l0uf.
In this country elaborate statistics are being
published In order to show the extraordinary
increase In the number OF marriages dissolved
curing the last few years. both 10 Great Brit
am and on the continent. The European
, rress. on the other hand. is making the most
OF recent notable case In New York, where
remarriage followed the grant of divorte de-
cree by only two hours, with the objtct OF
Illustrating the abuse OF the laws by means OF
which matrimonial alliances are sundered in
the United States. Moreover, the Anglican
church in America, as well as in England,
IL engaged in an acrimonious discussion ms TO
tie attitude which should be observed by the
clergy with regard to divorced persons seeking
ecclesiastical consent 10 remarriage. This be-
Ing the case II may be OF timely interest to
I devote few notes TO the attitude OF the
Roman Catholic church toward this exceed
lngly thorny problem.
Strictly speaking, says the New York Trio
une the Roman Catholic church does not
I sanction divorce, which. like so many people
belonging to the various Protestant denomina-
Tons It holds to be contrary to divine law
taking the ground that It constitutes danger,
not only religious, but likewise material. since
/ 1t is likely to Impair that diylnely appointed
Institution the family. with whose purity and
permanence the stability aud prosperity OF III.
nations are inseparably associated. How
strongly the Roman Catholic church feels
| upon the subject may be gathered from the
historic case Of King Henry VIM Of England,
When it preferred to sacrifice the spiritual al
egiance of an entire kingdom rather than
consent to recognize the principle Of divorce,
o. to sanction the action OF that royal Blue
beard in putting away his first wife, Queen
catharine OF Aragon in order to marry her
maid of honor, Anne Boleyn.
~
There are. however. certain instances where
the Roman Catholic church consents. not Ia
divorce. but to an annument of the marriage
ties, In this 1t shows a degree OF breadth
and of liberality with which it is not general
'y credited by those belonging to other de-
nominations For the grounds on which II
annuls marriages are such as would consti-
tute valid cause for the dissolution nj mar
riage contracts in the courts Of both tho
United States and Of Great Britain with
more generosity, and with greater degree Of
maternal Holicitude for the welfare OF its
children. It does not howeyc'. brand with the
stigma Of bastardy the innocent offspring Of
unions thus annulled but recognizes them as
In every respect legitimate, one Of tine most
notable cases In point being that OF the
Young crown prince OF Monaco the marriage
Of whose parents was annulled Nv the Vat
lear on thu ground that the lads mother
Lady Mary Hamilton had been forced to wed
Prince Albert OF Monaco aRainst her will by
her mothor the late Princess Marie Of Baden.
and by her kinsman. NAPOLEON Ill
This Monaco case may serve as demon
stration Of at least one Of the causes for
which tho Catholic church grants annulment
Of marriage 1t takes the ground that free
consent on both sides is an essential point Of
marriage, as Of every other contract on
this point American law and the law Of the
Roman Catholic church are at one. Accord
ing to either legislation, II woman has heen
constrained by undue influence. material or
even moral to repeat with her lips words
to which her heart has never consented. or
has been Obliged by duress or terror to sub
NIT to acts which she would never have ner-
mitted II she had been a free agent. there
has been no valid contract, and, therefore
no marriage. l can not recall an instance
of this kind In the American courts. But II
Is not so long ago that the English tribunals
annuled the marriage between Captain Ar
thur seabrlght and Miss Scott elder sister OF
the Countess Russell, on the ground that the
LADY had been induced by fear to become the |
wife Of the CAPTAIN Another instance in
which the Roman Catholic church is always
ready to grant an annulmeut OF marriage Is
where the wedding ceremony has been duly |
celebrated but where the parties have never
lived together.
Constraint and absence Of consent, rs well
as failure on sufficient ground to live with
one another are the grounds on which annul- |
ments OF marriage are the most frequently
granted by the Roman Catholic church OF
course there are instances where improper |
advantage is taken Of this liberality of the
Vatican Thus, I remember an extraordinary |
scene which witnessed at a wedding in Aus
trian Poland. at one Of the castles OF the arts
tocracy in the neighhorhood OF Cracow. was
standing W tn the other guests in the grand
salon preparatory to making our way to the
castle chapel, where the religious ceremony |
was about to be performed by the archbishop
OF Cracow. when suddenly the mistress OF the
house swept UP to her only daughter, the
bride and struck her with her open hand on
the cheek a blow. the smack Of which could
be heard by nearly all present. In fact. the
marks OF her fingers were left on the cheek
of her daughter, who at once bent and kissed
the hand OF her mother, the latter In turn
embracing the girl in the most affectionate
manner. On asking for an explanation OF this
little episode, / was informed that 1t was the
invariable custom of Polish mothers to box
the ears Of their daughters on the day Of the
latters' marriage, so that II later on the union
turned out unhapplly the girl might have
valid pretext for demanding the annulment Of
her union by the church on the ground that
she had been forced to marry against the will
by her mother
There are several other causes for which |
ecclesiastical annulment Of marriage is grant
ed They are. however, so rarely invoked
nowadays as to render anything more than
passing mention superfuous. They mostly |
date from the council of Trent and relate to
a condition Of affairs which does not exist In /
these modern times. Thus annument of mar
rage was authorized by the council in cases
where a person married slave, believing |
him or her to be free. Then. too. annulment
Of marriage was sanctioned by this same
council in instances where person intended
TO marry one person and had been deceived
b, another person being put in her or his
~ oFI a,t,a