The Irish standard., 1899-07-22
Society S'of'cal ,su,nmated 81 # M has
Il also n1ln, nited divorce

also pow. nited divorce.
Most of the cases brought before this
tribunal rise from questions regarding
the validity OF the marriage bond. There
are some instances of people who, hav-
ing lived together twenty years or more,
suddenly discover an annulling impedi-
ment of which they were ignorant to
have existed at the time of their mar
riage and thus find it necessary in order
to establish the legitimacy of their chill
dren to present their case before the
court, have it investigated and, if pro-
nounced null and void, to have a second
marriage performed, the impediment be-
ing removed by special dispensation
from the holy see.
Scarcely any cases arise from mixed
marriages, as dispensation is required at
the time, and owing to extra precau-
tions the danger of invalidity is avoided.
Napoleon endeavored to make the fact
that his brothers wife was Protestant
interfere with the validity of the mar
riage, but the matrimonial court would
not consider it, the marriage having
been proven.
The only impediments preventive of
matrimony are:
I. A solemn vow of chastity and
sacred orders.
2. An error in the person G.e., if the
wrong person is married).
5. Blood relationship within the
fourth degree of kindred.
4. Spiritual relationship arising from
sponsorship in the sacraments Of bap-
tism and confirmation.
S. Relations of deceased wife or hus-
band to fourth degree.
E. The commission of adultery with
promise of marriage after husbands or
wife's death.
7. The murder of husband or wife
under promise of future marriage.
8. Marriage with an unbaptised
person.
The general features of the law as it
is in force to-day are embodied, first, in
the constitution OF Pope Benedict XIV,
before mentioned, and in an instruction
issued in 1870 by the S. C. C. (sacred
congregation counciD. The rights and
duties of members of the court and
mode of procedure to be followed all
over Chrlstendom in matrimo onial causes
Of nullity" are here prescribed.
Before the matrimonial court existed
marriages were pronounced invalid too
hastily and without sufficient investiga-
ton; there was often collusion on the
part of husband and wife and other
grave abuses of ecclesiastical law which
the constitution sought to remedy. Its
first enactment required that leach and
every ordinary of the whole Catholic
world shall appoint in his diocese de-
fender of marriage, an ecclesiastic
skilled in canon law and of unblemished
character, who must be cited at be-
ginning of trial and at all stages of judi
cial acts" This did not become obli-
gatory in the United States until 1884.
The duties of the defensor are heavy.
He is bound to be present at all pro-
ceedings during every session of the
court; to examine witnesses and facts.
He has free access to the documents and
testimony of both contending parties
and submits all proofs and arguments in
favor of validity to the judge. If the
marriage be sustained as valid he should
not appeal; should the contrary happen
he appeals and if, considering proof suf-
ficient to sustain the marriage bond,
makes final appeal to the pope. Only
after marriage has been declared in
valid twice can the parties remarry.
In regard to the manner in which a
case is presented, in some impediments
the married couple alone has the right to
demand annulment; in other cases par
ents or relatives may make demand. A
full statement Of the case in writing, list
of witnesses and other proofs are sub
mitted to the bishop. The Judge and
secretary of the court are appointed and
the trial begins. The defensor has
meanwhile prepared written questions
and hands them sealed to the judge, who
opening them, puts them one by one to
the plaintiff, while the secretary writes
down verbatim both questions and an
swers When the examination is over
the secretary reads aloud the deposi-
ton of the plaintiff, who signs it. The
plaintiff is allowed to submit questions
to the judge in turn, after which wit
nesses are examined. The parties them
selves, the plaintiff and defender sum up
the case and the judge, after consulting
canonists and theologians, pronounces
sentence. The nullity of the marriage
must be clearly and fully proved.
Something Besides Money.