The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-14
MARRIAGE DECREE
PoPE'S NEW RULES TO
APPLY everywhere.
AS to Impediments to Marriage the
Decree of the Council of Trent
Is Not Modified.

Church here and in 1ther dioceses have
read with great interest the new decree
recently sanctioned BY the rnpa concerns
ing the regulation Of Catholic marriages
In this and other countries where the de-
cree of the Council Of Trent has only been
partly promulgated or not promulgated at
all. The decree. which has been translated
and published IN The Tablet. the recog-
nized e. of the Roman Catholic
Church In England, involves a subject of
more than passing interest to America
for it is the FIRST official utterance of the
Holy Father on matters relating directly
10 the church of America since the famous
encyclical of Leo XIII. on 'Americanism"
which created such a stir among Catholics
both here and abroad a decade ego.
The latest -nouncem of the Vatican
On Catholic marriages came as 4 surprise
to the vast majority of the Catholics be-
cause no official announcement of its pro-
mitigation has yet been made here. The
matter will finally reach the form of a
pastoral letter from the bishops and arch
bishops and IL WILL go into operation next
Easter.
No subject OF recent years has attracted
more widespread attention in the United
States and Canada than this matter Of the
itsuldtlon pi muFTldBeS. Inc uecFee lau
been promulgated in Canada, and I'm the
Province of Quebec. where the regulations
of the Roman Church are recognized,
tacitly at least. several important cases of
what are known as ~'clandestine' mar
rlages were decided by the ecclesiastical
tribunal established for that purpose.
In this country, generally speaking. the
DEGREES were promulgated only In the
territory covered by the Louisiana Pur-
chase and in the vast properties either
coded to us by Spain or won. from the
Mexicans. Thus the marriage regulations
are at present different In st. Louis or
San Francisco from what they are In New
York or Boston, or my other great Eastern
city, and the situation has given rise at
times to many complications. The priests
who were interviewed here were unani-
nous in declaring that the new regu-
lations will be more than welcome, for they
will settle in a decisive way many i'm
portant matters that nave heretofore given
no end of trouble to the hierarchy and the
parish priests and ordinnries under their
control.
AS far as the impediments to marriage
are concerned the decree Of the Council
of Trent Is in no way modified. AS a mat
ter of fact another is added In the regula-
ton concerning "Sponsalin," which here
after will make the parties to the written
contract before the marriage ineligible to
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 at the proper time, as provided
for by the new decree. Concerning
"Sponsalia." the translation of the Tab
let gives 1T:
l.. Only those are considered valid and
produce canonical effects which have
been contracted in writing signed by both
the parties II by either the parish priest
or the ordinary of the place., or at least
by two witnesses In case one or both
be noted in the document and another wit
ness is to be added whJ will sigr the
writing as aboy with the parish priesi
or the ordinary of the place or the two
witnesses.
2. Here and in the following article by
parish priest is to be understood not only
a priest legitimately presiding over a par
ish economically erected. but In regions
where parishes are not economically erected
the priest tc whom the care of souls ha
been legitimately intrusted in any speci
fed district and who Is equivalent to q
parish priest; and in missions where tn,
territory has not yet been perfectly di'
yided. every priest generally deputed by
the superior OF the mission for the Csre OF
souls In any station.
The church's attitude toward divorce re-
mains the same and the bans must be an
nouneed three times, as is now customary
in the diocese OF New York. Henceforth
the competent priest for the valid and
lawful celebration Of sponsalia and mar
riage is not the parish priest In the
eanonical sense of the term. Every priest
who has the care Of souls in a specified
district. and in missionary lands every
priest who is duly deputed by the superior
of the mission for the general care of
souls. may for the future. Notwithstanding
all previous legislation TO the contra..-. as
sist lawfully end validity Mt the celebra-
ton of sponsalia and marriage. Previous
to the Council of Trent marriages cele-
brated without the presence of priests OF
witnesses by the contracting parties W re
valid. out they were always Illicit II de-
tested by the church, and called clandes-
tine because marriage being a sacrament
it ought to be celebrated before the church
and because such clandestine marriages
gave rise to the gravest doubts and diff
culties in proving the validity Of the cele-
bration.
The word "elandestine" as used by the
Roman Church does not have the same
sense as when used in this country in The
serse of secret or runaway marriages. IT
means any marriages that have heen per-
formed contrary to rules laid down by the
council and modified by the present de-
cree.
The "Tametsi" has. owing to the
changed condition Of the world, become in
Hufflclent Tor many reasons. nenee the new
decree which unihes the law Of the cele-
bratior Of marriage in the Catholic Church
all over the world.
It is to be noted, too, that the present
decree nowhere bind those outside the
church except apostates and the excom-
munieated, and that it binds all those
within the church, In this respect it diff
fers widely from the T%ridentine leglsla-
ton. The decree ''Tametsi" was local anc
affected persons in respect to their places
Of donlicile or questionable; the present
decree is personal. Heretics and schis-
MATES, except a~postates, are not affected
by It m may contract validity among
themselves quite Independent of it, ana
while the licir celebration of marriage
among Catholics requires n residence for
the space Of one month of one of the con
tracing parties in the place of the cele-
bration no residence at all Is required FOR
validity. TIL decree, moreover, is moi
retroactive.
When asked about the decree today tht
Rev. Father Layelle, pastor Of the Ca
thedral. said
THE formal decree from the Vatican
has not yet reached Archbishop Farley
and until II does no statement can be
made for him concerning the new regula-
tons for marriage. Although we ave
not yet been Informed officially of the
changes we are aware that the new decree
had been promulgated. | myself read II
turred. Personally. l believe that TIE
changes proposed will be for the benefit
of the Catholics Of the entire world"