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 MAB&IAGX 699 MAXBIAM

mixed unions to be valid, provided they were accord- mixed marriages is that of the decree Ne temere which

ing to the civil laws, even if the Tridentine preecrip- went into effect 18 April, 1908. By this decree all

tions had not been observed. A similar declaration marriages ever3rwhere in the Latin Church between

was made concerning mixed marriages in Ireland by Catholics and non-Catholics are invalid unless they

Pope Pius, in 1785, and gradually the ''Benedictine take place in the presence of an accredited priest and

dispensation'' was extended to various localities. The two witnesses, and this even in countries where the

object of the Coxmcil of Trent in issuing its decree had Tridentine law was not binding. By a later decree,

been partly to deter Catholics from such marriages Providaj the Holy See exempted Germany from the

altogether, and partly to hinder any conmiunion in sa- new legislation. (See Clandestinity; Disparity op

ored things with heretics. By decrees, however, the Worship;Disp£Nbation;Mabriaqb. Sacrament of).

Popes felt constrained to make various concessions for Taunton, The Law of the Church, a. v. Mixed Marriages (Lon-

mixed marriages, though they were always careful to ?Six^.®^?i„^''?iSi.^*f-v^'?!^' '• .T v^'^T^i.T^ ^^ff^^{

guard the essential prmciples on which the Chureh {New York, 1909); McNxchous. TA* JV«w Marriage Legieiatum

founds her objections to such unions. Thus Pius VI (PhilAdelpbia, 1908). For the evils of mixed marriages see the

was employed, and with the omission of public banns, popular JrutrucHone on Marriage (New York); Farrbll, The as evidence of the unwillmgness of the Chureh to ^*»^«»» ^<ww«. «*«•

sanction such unions. Similar concessions were later '^ • ' awning.

made, first for various states of Germany, and then for Marruge, Moral and Canonical Aspect of. — other countries. Marriage is that individual union through which man

Another serious difficultv arose for the Chureh where and woman by their reciprocal rights form one prin-

the civil laws prescribed that in mixed marriages the ciple of generation. It is effected by their mutual

bojrs bom of the union should follow the religion of the consent to give and accept each other for the purpose

father and the girls that of the mother. Without be- of propagating the human race, of educating their

traying their sacred trust, the popes could never sano- offspring, of anftripg life in common, of supporting

tion such legislation, but in order to avoid greater each other in imdivided conjugal affection by alasting

evils they permitted in some states of Germany a union.

passive assistance on the part of the parish priest at I. Marbiage Instituted by God. — Marriage is marriages entered into unaer such conditions. As to a contract and is by its very nature above human a mixed marriage contracted before a non-Catholic law. It was institute by God, is subject to the minister, Pope Pius IX issued an instruction, 17 Feb.. Divine law, and cannot for that reason be rescinded 1864. He declared that in j^laces where the heretical by human law. Those who contract marriage do preacher occupied the position of a dvil magistrate so indeed by their own free wills, but they must and the laws of the country reauired marriages to be assume the contract and its obligations uncondi- entered into before him in order that certain legal tionaUy. Marriage is natural in purpose, but Divine effects may follow, it is permitted to the Catholic party in origin. It is sacred, being intended primarily by the to appear before him either before or after the mar- Author of life to perpetuate His creative act and to riage has taken place in presence of the parish priest, beget children of Uoo; its secondary ends are mutual If, however, the heretical minister is held to be dis- society and help, and a lawful remedy for concupis- charging a religious duty in such witnessing of a mar- cence. Human law certainly takes cognizance of mar- riage, then it is unlawful for a Catholic to renew consent riage, but marriage not having been established by before him as this would be a communion in sacred man, its essential properties cannot be annulled by things and an implicit yielding to heresy. Parish such law. Marriage is monogamic and indissoluble; priests are also reminded that it is their stnct duty to death alone dissolves the union when consummated, tell Catholics who ask for information that such going When men pretend to be the final arbiters of the before a minister in a religious capacity is unlawful and marriage contract, they base their claim on the as- that they thereby subject themselves to ecclesiasticai sumption that this contract is merely of human censure. Where, however, the priest is not asked, and institution and is subject to no laws above those of he has reason to fear that his admonitions will prove man. But human society, both in its primitive and unavailing, he may keep his peace provided there be organised form^ originated by marriage, not marriage no scandal and the other conditions required by the by human society. Marriage was intended by toe Church be fulfilled. When a Catholic party has gone Creator for the propagation of the human race and for before an heretical minister before coming to the par- the mutual helpof husmmdand wife. The monogamic ish priest, the latter cannot be present at the marriage and indissolubk properties of marriage were for a time until full reparation has been made. For the issuing dispensed by Divine permission, ^us in the patri- of a dispensation for a mixed marriage, the Chureh re- aronal times of the Old Testament polygamous mar- quires three conditions; that the Catholic party be riage was tolerated. The right of dismissal also by allowed free exercise of religion, that all the offspring the bill of divorce was legal (Deut., xxiv sqq.; Matt., are to be brought up Catholics and that the Catholic xix, 3-12). Still, marriage never lost its sacred char- party promise to do ail that is possible to convert the acter in the Old Dispensation. It continued a type non-Catholic. It is not to be supposed, however, that and figure of marriage in the New Law. Other nations even when these precautions have b^n taken, this is besides the Jews treated marriage with such regard and all that suffices for the issuance of a dispensation. In ceremony as betoken their beuef in its superhuman an instruction to the Bishops of England, 25 Mareh, character. Evolutionists, indeed, account for mar- 1868, the Congregation of the Propaganda declared riage by tiie gregarious habits of human beings. They that the above conditions are exacted by the natural consider it a developed social instinct, a matter of and divine law to remove the intrinsic dangers in utility, convenience, and decency, a consequence of mixed marriages, but that in addition there must be sexual intercourse, which human society decided to some grave necessity, which cannot otherwise be regulate by law, and thus encourage a state of affairs avoided, for allowing the faithful to expose themselves conducive to the peace and happiness of ihe race, to the grave dangers inherent in these unions, even They do not deny that the religious feeling latent in the when the prescribed conditions have been fulfilled, human heart regarding marriage and the religious The bishops are therefore to warn Catholics against ceremonies attoidant on its celebration have their such marriages and not to grant dispensations for -utility, but they insist that marriage is entirely n them except for weighty reasons and not at the mere natund thing. Socialists entertain this same view of will of the petitioner. The latest legislation affecting marriage; th^ deprecate excessive state control of the