The Washington herald., 1908-03-04

with yesterday. They never had been
authorized but through custom and the
lack of observance they had been toll
Grated.
During Lent. which begins with to-day,
there never are nupital masses. but new
ertheless. marriages are celebrated by
the priests. This year, however, Pope
Plus takes charge OF the marriage fea-
ture; and to-day. his order, of which
notice was given six months ago. be-
comes operative The order forbids
priests 10 marry persons who have not
been properly engaged, and in order to
prove that they have been properly en-
gagged it must be shown they have made
a written agreement or contract TO that
effect
Not only must they have done this,
but they must have had two witnesses
sign the contract with them, and. be-
side. there must be other ecclesiastical
observances. The entire purpose OF this
regulation Of engagements and marriages
on the part Of his holiness is to mini
mize the danger of unhappy unions re-
sulting to those who marry in haste and
repent at leisure"
The mandate Of the holy father was
issued six months ago in Latin. and it
has since been translated, and copies Of
II have been sent this week to all the
clergy in the United States by their
respective bishops
Full Text of Mandate.
The full text OF the translation follows:
The council Of Trent Gap. I. sess. XIV. de
reform matrim-l made prudent provision against
the rash celebration Of secret marriages-which the
Church Of God has always deprecated and forbid
den-yhen it decreed that those who attempt 10
contract marriage otherwise than in the presence
Of their parish priest of another priest acting
with the license Of the parish priest OF Of tSe or
dinary. and in the presence Of two or three Wit
nesSS. become thereby incapable Of marrying valid
Is. since the council declares that al such con
tracts are null and void
As the sacred council prescribed however that
the above decree should be published ia every
parish and yas to have fOrcs only in those places
N which II shOuld he UrumUCated IL has happened
that many places in which the publication has not
been made have been deprived Of the benefit Of the
Indentine law, and. being still without il. they
continue 10 De subject to the doubt and incon-
veniences Of the old discipline
Nor old All difficulty cease in those paces where
the new law has been in force For often there
have arisen grave doubts in deciding who is to be
regarded as the parish priest before whom A mar
rage must be celebrated The canonical discipline
did indeed decide that he Is the parish priest in
whose parish cne or other 4 the contracting uar.
ties has his or her domicile or quasi-domiCile
But as IT Il sometimes dificglt % say whether a
Quasi-domicile really exists in a given case mary
marriages are exposed 20 the danger Of nullitv
while many Others, through ignorance or fraud.
we're rendered quite negtimate aud void
These depiorable results have occurred more fre.
quently IN our own time on account Of the great
facility and ceerity q communication between diff
terent countries. no matter how widely separated
they nay be Hence in the Judgment Of wise and
learned men it has been deemed expedient to intro
dce some change into the law, regulating the form
Of celebrating marriage. and many bishops in all
parts Of the world but especially in the more
popous centers where the need a, slch legislation
urs's with greater fOrce, have pettioned the holy
see to this end
Bishops In Europe.
It has been requested, also BY many bishous in
Europe. as vel as by Others in various regions.
that provision be made 10 prevent the incon-
Tenences arising from betrothals that is, mutual
promises Of marriage when privately made For
experience has sufficiently shown that many dangers
ot such csDousals. that they are an Indictment
to sin and the cause Of misleading inexperienced
girls. besides involving subsequent disseusons and
endless disputes.
These circumstances have induced the holy father.
Pope Pms ". IN his solctUds for all the churches
TO advise some notifications with the object Of
removing the above mentioned difficulties and
dangers Accordingly he committed 70 the sacred
congregation Of the council the task Of examining
MO The matter and Of suggesting such measures as
Il might deem opportune.
He pleased also 20 ascertain the orfnlon NJ
the commission which has been appointed for the
codifcatiOn Of canon law as well as q the car
dinals chosen on this special commission 20 pre-
pare the new code. These and the sacred c0ngre-
CATION oi the council have held for this u,IrDoSe
frequent consultations Finally. having obtained
the reports Of these bodies his holiness ordered
me sacreo congregation Of the council 10 issue A
decree eIl5odying the new laws. approved BY him
sell on sure knowledge and after mature delibera-
uon by which the discipline in respect Of engage
mcnts and marriage is 20 be regulated for the
future, 50 that the celebration Of them may be
carried out in secure and orderly manner
Pursuant therefore. 70 the apostolic mandate the
sacred congregation Of the council hereby oriains
and DEGREES:
ENGAGEMENT.
]. Only those matrimonial engagements are con-
sldered 70 be valid and 70 beget canOnical effects
which have been made in writing. sisnef bv both
the parties and b. either the parish priest or the
ounary Of the place, or at least by two witnesses
In case one or both Il the uarties be unable IN
write this fact is TO be noted in the document and
another witness is 10 be secured TO sign the con
tract as above. together with the parish priest or
the ordinary Of the place or the two witnesses.
H. BY parish priest. used in the present de-
cree, Is to be understood not only the priest who
lesitimately preside parish that Is canoucaIy
erected. but also. in localities where parishes are
not c=lnonicaliy erected. the priest 10 whom the
care of souls has been iegitimately intrSted in any
specliied district. and who is equivalent to a parish
priest; and also. in missions where the tefritory
has not yet been perfectly divided, every priest
generally deputed for the care Of souls In anv STA
uOn by the superior Of the mission.
MARRIAGE
III. Only those marriages are valid which ara
contracted before the parish priest or the ordinary
OF the place or priest delegated by either OF these
ana az least two witnesses in accordance with the
rules laid down in the following articles and with
the exceptions mentioned under VII and VIII.
". The parish priest and the ordinary OF tbs
place validly assis at a marriage;
pl From the day on which they have taken noa-
session OF their benece entered upon their Office
unless they have been by public decree excummu.
nicated By name or suspended from the Office;
d) But only within the limits Of their TERRITORY.
And IN this teiofy they assist validy at marriages
not only Of their own subjects. but Of outsiders:
Glib Provided. when invited and requested and
not compelled By violence or grave fear they ask and
receive the consent Of the contracting parties
V. They assist licitly:
l) After they have ascertained according IN tfe
prescribed forms. that the contracting parties are
free TO marry, and that they have duly complied with
the conditions laid down by the law;
CD After they have ascertained moreover. that
one OF the contracting parties has a domice. or at
least. has lived for month in the place where the
marriage takes place;
uii II this condition be lacking the parish priest
and the ordinary Of the place TO assist hcitly at
marriage require the permission Of the uarsh rriest