The Washington herald., 1907-09-14

Since Famous Encyciicai of Leo
XIII-Comes as Surprise go Vast Ma
j0rity of Catholics in This Country.
New York, Sept. f3-BOth the clergy
men and laity of the Roman Catholic
Church here and IN other cities read with
great interest to-day the translation pun
ished from the Tablet. the recognized
organ Of the Roman Catholic Church in
I England, Of the new decree, that has been
sanctioned by the Pope concerning the
regulation of Catholic marriages In this
and other countries where the decree Of
the Council Of Trent has only been partly
( promulgated or not promulgated at all.
The matter is one Of more than passing
/ interest to America. for it is the first Of
/ fetal Utterauce Of the holy father on
/ matters relating directly to the Church Of
! America since the famous encyclicaI Of
4 Leo XIII on "Americauism, which Gre
I ated such a stir among Catholics both
/ here and abroad q decade ago.
/ The latest pronouncement of the Vati-
| can on Catholic marriages came as a sur
/ prise 10 the vast majority Of the Catho-
lies, because no official announcement Of
its PRONUNCIATION has yet been made
here. The matter viii finally reach the
/ form or pastoral letter from the bishops
and archbishops. and It will go into op-
/ Grafton next Easter
Promulgated in Canada.
NJ subject Of recent years has attracted
more widespread attention in the United
States and Canada than this matter OF the
regulation OF marriages. The decree had
been promulgated in Canada. and in the
province of Quebec. where the regulations
OF the Roman Catholic Church are rec
ognized. tacitly AZ least. several important
eases Of what are known as "clandestiae'
marriages were decided by the eccjesias-
teal tribunal established for that pur-
pose.
In this country. generally speaking, the
DEGREES were promulgated only iH the
territory covered by the Louisiana Pur-
chase and iu the vast properties either
ceded 10 us boy Spain or won from the
MeXicsus. Thus. the marriage regulations
are at present different iu st. Louis or
san Francisco from what they are iG
New York or Boston or any other great
Eastern city. and the situation has given
rise at times % many complications
The priests who were interviewed hers
to-day were unanimous iu declaring that
the new regulations VIII be more than
welcome for they viii settle. in a de-
cisiEe way, many important matters that
have heretofore given no end 0t trouble
t0 thc hierarchy and the parish priests
ana 0rdiuaries under their control
Impediments 10 Marriage.
AS far as the tmpedimcnts re marriage
are concerned. the decree of the Council
OF Trent is in no way modified. As O
matter OF fact another is added in the
regulation concerning "sp0nsalia." which
hereafter VIII make the parties TO the
written contract before the marriage IN
eligible 20 future marriages with any one
else. That is. what is called a betrothal
here must be- made in writing and the
contract must be made Ht the proper
time as provided for by the new decree.
The chUrchs attitude toward divorce
remains the same, and the bans must be
announced three times as Is now Gus
romary in the diocese Of New York
Heuceforth the competent priest for the /
valid and lawful celebration Of sponsalia /
and marriage is not the parish priest in /
The can0nical sense Of the term. Every /
priest who has the care of souls in q /
specified district and I'm missionary lands /
every priest VINO is duly deputcd by the /
superior Of the mission for the general /
care Of souls. may for the future not I
withstaUding all previous legislation 10 /
the contrary. assist lawfully and validly (
at the celebration of sponsaiia and mar
rIage
Previous 20 the Council Of Trent mar
riages celebrated without the presence Of /
priests or witnesses by the contracting
parties We're valid. but they were always /
Illicit and detrsted by the church. and /
called clandestne. because. marriage being
a sacrament. il ought 10 be celebrated /
before the church. and because such clan /
destine marriages gave rise 10 the gravest /
doubts and difficulties in proving the va /
hdity of the celebration.
Meaning of "CInndestine."
The word "clandestine" as used by the |
Roman Church does not have the same /
sense Of secret or runaway marriages. 1t /
means any marriages thathave been per- /
formed contrary 10 rules laid down by 1
the council and modified by the present
decree. The "tametsi" has, owing 10 the
changed condition Of the world. become
insufficient for many reasons. hence the
new decree which uuifes the law Of the
celebration Of marriage in the Catholic
Church all over the world.
It is to be noted, too. that the present
decree nowhere binds those outside the
church except apostates and the excom-
municated and that it binds all those
within the church. In this respect il
differs widely from the Tridentiue legis-
Iation.
The decree 'Tametsi" was local and
affected persons in respect % their places
of domiciie or quasi-domicile: the present
decree is personal. Heretics and schis-
maticS. except aDOstates. are not affected
by it. and may contract vaHdly among
themselves quite independent. Of it.
and while the celebration of marriage
among Catholics requires a residence for
the space Of one month Of one Of the con-
tracting parties in the place of the cele-
oration, no residence at all is required for
validity. The decree, moreover. Is not