The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1908-03-07
'M,yalA E%a~17f~'d
Mexico City.
NEW MARRIAGE LEGISLATION.
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CONTINUED from page H.
ment where there is no valid marriage contract.
And the fact that hardship may be caused to this
or that particular individual or to this that par
tlcular family by such a declaration of nullity,
cannot be taken into consideration: for law regards
the well-being of society rather than the convent
ence OF the individual as its primary purpose, and
IN case OF conflict between the two it sacrifices the
private to the public good This is true of the law
of the state well as of the law of the Church.
The ecclesiastical courts therefore>wil, and must,
declare marriage null and void if, upon hearing
the facts, it finds that such marriage was null and
void from the beginning because of some radical
defect IN the marriage contract. Hypocritica or
badly instructed Catholics sometimes pretend to
find fault with the Church for declaring any mar
rlage null and void after the parties have lived to-
gether and sometimes they rreverenty quote
Sacred Scripture in support of their error sayin"
that what God has joined together no man should
put asunder
Can such people be serious? The state courts
are almost daily putting asunder those whom God
has Joined together and these good critics have no
fault to find they say they not called upon to
put themselves to any inconvenience; it is none of
their business. But let ecclesiastical court once
i'll age, put asunder two whom God had not join
ed together, and they presently Shocked they
cannot understand it; what will the world say! II
is highly improbable that the world will trouble it
self much about the matter at ALL and it is certau
II
IN so far as 1t gives them opportunity of finding
fault with something or somebody The easy and
obvious way to avoid matrimonial scandals is to
study beforehand the laws of the Church and to OBJ
serve them faithfully at the time of the marriage.
But it is most unreasonable that those who, through
malice or carelessness. violate the laws of the
Church should afterwards seek TO blame the Church
for the consequences of their own wrong doing.
While the laws of the state deal with the civil
effects of marriage and define the rights and du-
ties of the husband and wife in all temporal mat
ters the Church claims, and always has claimed,
the right to specify the conditions required for
valid marriage contract in the case of those who
are within her own fold. Because although mar
riage is both contract and sacrament these are
always inseparabe in the case of Christians and
therefore it necessarily follows that matrmony III
its entirety falls under the jurisdiction of the
Church. Hence the Church prescribes the condi-
lions that are required for valid marriage con
tract. When these conditions are fulfilled the mar
riage is economically valid and the Sacrament of
matrimony is received by the contracting parties
On the other hand, when any of the essential con
ditions is disregarded the contract is economically
null and void and no Sacrament is received
By keeping these principles in mind you will at
perceive the Importance of the legislation
enacted by the Decree of the Sacred Congregation
of the Council, issued on the 2nd of last August.
On and after next Easter Sunday by virtue of this
Decree no marriage of Catholics or of Catholic
with non-Catholic will be valid unless it be CON
tracted before the Pastor or Ordinary of the place
priest delegated by either of these, and at least
two witnesses.
Hitherto, throughout the greater part of the
United States, marriages celebrated without the
presence of priest were valid if there was no an
nullln~ impeachment because the Church had not
added any conditions regulating the validity of the
ceremony. These marriages, however, we're gravey
illicit. and were called clandestne, because mar
rage being Sacrament it ought to be celebrated
before the Church
After next Easter all such marriages of Catho-
lies will be economically null and void
The main point to be remembered by the people
is this: That for the future the competent priest
for the valid celebration of marriage Is the priest
having the care of souls in the parish district
in which the marriage takes place. that he validity
assists at the marriage, not only of his people
but of those from other places who may present
themselves before him, but that he cannot assist
vaidly at the marriage of his own parishon-
outside his parish or district unless he be
delegated for that purpose by the local Pastor, 81
the Ordinary.
There are only two exceptions to the above law
First IN case of imminent danger of death any
priest may validity assist at marriage; and sec
ondly, when it has been impossible for a whole
month to have the presence of a competent priest
the presence of a priest is unnecessary for validity
This latter exception supposes condition that does
not exist in this diocese For all marriages the
presence of two witnesses is required
1t is to be noted that the Decree nowhere
binds those outside the Church. Except apostatesl
and that it binds all those within the Church
1t is to be noted, also, that the decree deals only
with one feature of matrimony, namely the com
petent priest before whom marriage can be con