The Irish standard., 1905-02-25
The MORAL POINT
A Theologian's View as to What
Part a Catholic
Lawyer or Judge May Take In
Divorce Proceedings.

the Catholic News (Eng) will doubt
less be of considerable interest to our
readers. The moral point discussed
pertains to problem which confronts
our Catholic lawyers from day to day,
whether they be upon the bench or at
bar in the capacity of counsel.
The proprietry of Catholics par
ticipating in divorce proceedings-ow-
ing to the church's attitude on this
subjects a debated question and a
word of authority will prove interest
ing.-Editor.)
In view of a discussion which has
recently taken place as to whether Il
Catholic lawyer can: with clear con-
science, take part in divorce cases,
either for the petitioner or the re-
spondent; and as to whether Il Cath
Ollie judge can conscientously admin
User q law which is opposed to the
churchs teachings in connection with
marriage, the Editor Of this paper has
submitted the matter to the members
of the Catholic Hierarchy resident in
Great Britain and Ireland, asking
whether there is an authentic decision
of the Ecclesiastical Authorities on
this point
Among the replies received was the
following:
His Grace the Archbishop of West
minister's Canon Thcoogian writes:
Dear sir:-His Grace the 4Archbisll-
op of Westminster has referred to me
your letter, in which you ask if there
has been any authentic decision of the
Ecclesiastical Authorities on the point
whether
~ a Catholic lawyer can with Il
safe conscience take part in his pro-
fessional capacity i'll divorce cases.
either for the petitioner or for the de-
PENDANT, and (2) whether Catholic
judges can conscentiously administer
law which is contrary to the
church's teachings in connection with
marriage?
The answer to the above questions
may be stated as follows:
O There are authentic decisions in
which such action ON the part of the
lawyer or judge is forbidden implic-
lilly OF Indirectly That is to say there
are numerous pronunccmcnts of the
Apostolic See declaring that Christian
marriage is a Sacrament, and that the
bond Of marriage once validity con-
tracted becomes indissoluble, and that
the civil power is therefore incom
petent to dissolve it, or to set the per-
sons thus married free from their
mutual obligations in conscience by
what is called a divorce. (Vid. Sylla-
bus of Plus IN. proX CD AS there
fore any affirmation that the bond Of
matrimony validity contracted is dis
solved during the lifetime Of the par
ties or any authorization that the par
ties may marry again, is if referring
to the bond itself, or to remarriage it.
self, sinful and immoral, it follows
from the ordinary principles Of Cath
Ollie teachings, and without any need
Of any authentic decision ad hoe, that
no Catholic whether judge or lawyer
can cooperate or help in procuring or
effecting a divorce thus understood.
(2) There are authentic decisions
which deal directly with the case in
point, and show that there are spec
ial circumstances in which participa-
ton in the work of the divorce courts
need not in all cases imply co-opera-
ton in the evil of divorce, in the sense
described. Thus in answer to n Ques-
ton submitted by the Bishop Of
Southwark, as to whether q Catholic
lawyer could defend a respondent
against petitioner seeking divorce
the Sacred Congregation Of the Holy
Office answered on May 22d, 1860, that
ut was allowable provided that the
Bishop is assured of the uprightness
of the lawyer" and that the lawyer
does nothing in his defense (Which
would conflict with the principles OF
natural ecclesiastical law" Qn such
a case the action of the Catholic law
yer is obviously not to procure di
vorce but to prevent one)
(3) When the Bishop Of st. Gall
in Switzerland, put the question gen
erally-whether Catholic Judges ant
lawyers could undertake matrimonial
cases in the civil courts, and declare
the bond Of matrimony dissolved o.
to be dissolved, and the parties free II
marry again, the Sacred Congrega
ton on the third of April, 1877, an
swered that as to the judges, eacl
case would have to be referred t.
Rome to be examined on it's merits
and that as to lawyers, they must fol
low the decision given to the Bisho]
of Southwark. Chat, in given condi
tons, they could plead against dl
vorce.)
a. In 1884 when the divorce lay
h was passed in France, hundreds o
Catholic lawyers and Judges wer
e placed in the most trying position
and Rome was consulted as to whetl
Fl er they might under any circun
4ol