New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-25


No division of the ecclesiastical tribunal OF
the Roman Catholic Church is fraught with more
varied human interest than its matrimonial
court The statement that the Church Is at
all times ready to treat the question of the ds-
solution of the matrimonial tie in liberal ana
progressive manner" DR.. Puissant, defender Of
the matrimonial tie in the matrimonial court Oh
New-YOrk declares untrue.
THE Church" says he defender, holds the
same position to-day she has ever held as to the
indissolubility Of the marriage tie. 1t has no
power to separate union that is ratum ct
ronsummatum'-th is, a marriage that has
been contracted according to law, natural d.
vine or Observation-Disclosures her between Catho-
lies or between 'heretics' or between Catholc
and a non Cathoc. No cause. not even adultery
Ian legitimate a true divorce. The Church mas
always taught this revealed truth. IL
holds marriage indissoluble even when the con-
sorts find their welded life unbearable. In such
rases limited divorce is allowed-that is, separa-
lion from bed and board, declared to be lawful
by our Lord when He re-established the inds-
solubility of marriage.
Most Of the cases that come before the matri-
rnonial court of the Roman Catholic Church rise
from questions to the validity of the mar
rage bond. They spring largely from mixed
III
Plenary Council Of Baltimore OSS4) that a mat
rimonial court formally established in the
hocese Of New-York. Until that time the
onied States was wholly missionary country
md as such it was not entitled to the full
exercise Of canon law Some districts are still
under the Propaganda The Baltimore Council
established matrimonial court in most dioceses
OF the United States Previous to 1881 matr-
monial difficulties were laid before the bishop
OF the diocese in which the plaintiff lived and
Che bishop had the power to delegate. in spe-
eia cases, a defender. In complicated cases
the bishop appealed to the Pope for final de-
eision. or the parties interested, If dissatisfied
with the bishops decision, applied direct to the
Holy See To-day the bishop Of each diocese
constitutes the ecclesiastical judge OF matr-
rnonial cases within his jurisdiction. His tri-
bunal is composed Of a delegate judge and a
~dcfensor matrimOnii'-commOnly known as the
defender OF the marriage tie.
THE COURT IN NETWORK.
In the diocese of New-York Archbishop Cor
rigan is the judge Of the matrimonial court.
He has the appointment Of the delegate judge
and the defender Of the marriage tie The dele
gate judge of the present court is DR.. Gerardo
Ferrante. Italian private secretary to the Arch
bishop. DR.. Fcrrante has held the place for
eight years. Since Its CStdb'lShlntnt inc couft
has had four matrimonial defenders. Or.
Burdscl the first. After four years service
he was succeeded by Or. Deigan whom i'll
health retired. For eight subsequent years the
difficult office was filled by DR.. McQuirk at
present pastor Of st. Paus Church. in East
One hundred and -sevcnteenth-st. Upon the reaig
nation of DIT McQuirk in 1891 the present in
cumbent DR.. J.. A. Puissant was appointed.
Belgian 10y birth, DR. Puissant has been
professor Of theology and canon law for the
last twenty-five years at the seminary at Troy.
N. Y The defenders are generally chosen from
the most expert and erudite students Of canon
law. They are equally skilled in civic law. 1t
Is a most difficult and laborious place. The
duty Of the defender in the matrimonial court
corresponds to that Of the prosecuting attorney
in the civil courts. Every marriage that comes
before the court is accepted as valid until proved
TO the contrary The duties and functions Of
each member and the whole pIco edure in matr-
monial cases are carried out in the metropo-
tan court according to the constitution of Bene-
dict XIV who established in 114J the matri-
monial court as a distinct tribunal in eccesi-
astical law. Abuses in the adjustment of matri
mOnial difficulties in Poland led Benedict to
institute it.
The metropolitan court when in session Is
held at the residence of the Archbishop or that
Of the marriage defender. whichever pace is
most convenient to the people interested. While
the proceeding is not secret everything is pri
vate. Facts and names are never revealed to
the press, except IN rare cases. when an official
statement from the matrimonial court is deemed
necessary for the protection of the good name Of
the people involved Court and witnesses are
bound hy solemn oath. There are salaries.