The Washington times., 1922-09-03
marriage" (Slater's Moral Theology,
Val II na0o SRQl

marriage" (Slater's Moral Theology,
Vol. II, page 1851
Sir Hall Caine seems to think that
Il is the clergyman, who for the
church. Is the minister OF the sacra-
ment of matrimony. But the same
authority (page 270 says:
"The efficient cause OF the con-
tract Is the mutual consent Of the
parties, who thereby confect the sac
rament and who are, therefore, Its
ministers to ecah other"
Here the distinguished novelist's
charge OF presumption" for teach
Ing that husband and wife 'are two
In one flesh" because the union
has been celebrated by a religious
service" completely fails.
Though / am not defending the
claims Of the state, insist on tell.
ing Sir Hall that the church recog.
nizes the words of Christ as apply
ing to the CONSUMMATED mar.
riage.
Free Persons Contract.
She quite agrees that II the union
is not perfected there is cause for
a decree Of nullity; but, since mar.
riage is a contract of free persons,
she does not agree with the eminent
author In his objections to nulIity on
the ground of misrepresentation Of
facts"
All legal authorities In both church
and state, as well as all men and
women OF common sense, agree that
no contract Is good that does not
bind all parties to 1t. II one party
enters into II by fraud Il Is multi.
fled from the beginning.
To deny this Is to tear from un.
der the whole structure of human
relations the foundation that makes
such relations possible.
Sir Hall filings another stone that
hits his hero, though not intended
to go that way:
Contamination may be said to
be the marriage itself"
When this statement IL Joined 10
his sneer at the ceremony, or the
witnessing Of the agreement by the
church, IL follows that he holds con.
cubinase to be valid marriage, as
likewise would be the first act Of
prostitution.
What else can he mean? Or per.
haps he did not sufficiently explain
all that he meant.
Closes In Tight Grip.
Sir Hall now comes to close grip
with the villains. He cites two
cases, but without giving names or
circumstances. But for the first the
circumstances are essential to form
ing a judgent. It was evidently
case Of nullity from the beginning
and was so decided according TO the
Canon Law by an ecclesiastical court.
In such case the church is not
only the judge but also the defender
OF the bond. The whole burden of
proving nullity rests on the com
plainant, who faces a court that has
to be convinced even while Il is
arguing against the very possibility
or being ccnfinced. court that Is
really a defens0r pinculi.
In the second case there In clearly
perjury and fraud against which no
court has ever found any fully ef.
fective remedy. Can either church
or state be blamed for accepting
statements backed by the most
solemn .oaths and uncontradicted?
The church is usually blamed far
more for strictness than for laxity.
Now comes Sir Halls biggest stone.
I quote his words:
Even IL Christ's words mean what
the churches say, II would be a ter.
rible edict. which, under any relig.
lous principle. however exalted, would
doom a large part of the human fam.
lily to an existence that is little bet.
tie better than life.in n.death."
Will the audience now please re.
call his other words:
THE exalted teaching Of Christ,
which is above all laws of church or
state and is founded equally on spir.
itual and natural law, seems to be
the. first and last word on that sub
ject."
Put the two statements together
and this 10 the conclusion:
That Sir Hall Caine. while admit.
ting q supreme authority. yet would
have II disobeyed. This authority, he
says, is above all laws" and "is
founded equally on the spiritual and
natural law"
The Worst Blow.
So he would defy both spiritual
and natural law as well as the laws
Of church and state. The devil help
the poor fellow up the tree. That
was the worst blow of all.
But Is Sir Hall right even In think.
ing so kindly, II 10 frightfully illog-
ically, about the unhappiness that
would follow enforcing the law of
Christi think not.
He admits that NEARLY all human
happiness" begins at the altar. In.
deed, he goes farther and SAYS:
ut is my experience that among
the higher races the Immense ma.
iority Of marriages are happy
ones"
Quite true. am glad to find my.
self In agreement. So Sir Hall wants
divorce. not for the happiness and