The Irish standard., 1899-07-22
Separations Rarely Granted to
Roman Catholics.
A DIVORCE IS ABSOLUTELY UNKNOWN
Interesting Facts Regarding
Connubial Bonds.

That matrimonial court has existed
in almost every diocese of the Roman
Catholic church in the United States
since 1884 is fact not generally known
outside of ecclesiastical circles. Even
well-informed Catholics are ignorant of
this important division of this ecclesi-
astical tribunal, unless brought into
direct contact with it themselves. Its
organization, personnel, personalities,
mode OF procedure and the nature of
cases submitted for trial are alike un-
known to them.
The matrimonial court of this diocese,
says the Chicago Chronicle, was first es-
tablished at the diocesan synod held at
Holy Name cathedral in 1884, directly
after the ruling of the third plenary
council of Baltimore, which required
that such division be founded in every
large diocese of the United States. Since
the celebrated constitution of Pope Ben
edict XIV (1741) it had formally ex-
diets in many world-renowned cases, one
OF the later ones being the Patterson
Bonapart difficulty. There were constant
ly arising involved and intricate cases in
America among Catholics, which re-
quired the personal attention Of the
bishop, for the reason that the church
holds that matrimonial causes belong to
ecclesiastical, not to secular judges
Thus marriage holds a prominent place
under the jurisdiction of the ecclesias-
tical forum. The bishop of the diocese
appoints some one or collective body
of judges to preside over the matri-
monial court. The vicar general is
usually delegated in this country.
Archbishop Feehan appointed Rev.
D. M. Bowling judge or moderator"
of the first local court, Rev. M. J.
Mooney as secretary and Rev. P. T.
Butler, that venerable and well-known
pastor, as defender of the matrimonial
tie, or "defensor matrimonii," the last
being the only stationary office and the
one upon whom it falls to sustain the
validity of marriage and uphold the
banns by every argument in canon law.
1t corresponds to the Office of states at
torney The sessions of the court are
held at Holy Name parish and unless
the case is peculiarly intricate one and
third appeal obliged to be made few
d weeks only are required wherein to rem
der the verdict. There have been no
prominent cases before the Chicago
matrimonial court; in fact, few of any
great popular interest in the entire west.
The sessions are always secret as far as
the public is concerned and no cases are
ever given out for publicity if the court
can prevent it.
The whole court is rather remark
able institution and one of the principal
impediments to divorce among Catho-
lies. The Catholic church stands alone
among churches in preserving the sane
tity of the home, the unity of the family,
the indissolubility of marriage.
eff the church does not stand by the
women and children, who would" re-
marked one of the priests connected with
the court. "The home must be pre-
served"
Separations between Catholic husband
and wife are rare and absolute divorce,
whether or not granted by the courts, is
never regarded by the church. Neither
party can ever remarry and remain in
the church.
1''The laws of the church in regard to
marriage and divorce is the same to-day
as it has always been," said Chancellor
Mooney, "and it will never change.
Matrimony is divine institution, not a
human one, and no human being can
change or break it. Defense of this
doctrine cost the church England in the
days of Henry VIII. 1t would not di-
vorce him from Catherine. It would
not declare Napoleon's marriage with
Josephine invalid. 1t would not divorce
Jerome Bonaparte from Miss Patterson
OF Baltimore. There is no new atti-
tude' to marriage OF divorce. In all
ages, among all classes, the marriage
bond has been held sacred and inviolate
and will always be held so by the Cath
olic church."
The matrimonial court has power to
grant separation in case each party de-
sires to enter a religious order. Pro