Page:Catholic Encyclopedia, volume 9.djvu/754

 MAEBIAGX 701 BCABBXAOB

bave no right to the title or orown of their father, since that, if such condition has lasted a month, Uiey may those who are to succeed him ought not to suffer from marry without a priest, but in the presence of two wit- the social disadvantages arising from the inferior rank nesses, the record of their marriage being properly of their father's morganatic wSe. In some countries, made as prescribed. The law makes no exception in however, the law concedes a hope of succcssIotl to such favour of mixed marriages, not even when one party children if all the direct heirs should die. The mor- is a Cathoho of an Eastern Rite. By a special dis* ganatic wife and her children receive, by agreement or pensation, mixed marriages — ^i. e., both paities being stipulation, a dowry and means of support, the amount oaptized, one a Protestant, the other a Catholic — <rf bemg in some countries at the discretion of the king or Germans marrying within the boundaries of the Ger- prince, in others fixed by law. man Empire are valid, though clandestinely oon^ 'III. Matrimonial Courts in thb Church.— tracted. A like diepensation has been granted to Doubtful marriage cases are decided in courts provided Hungarians marrying within the boundaries of Hun* by the canon law for that purpose. The doubt may gary; and according to the Secretary of the S. Congre- arise from a supposed hidden or occult impediment or gation of Sacraments (18 March, 1909), Croalians, from a public unpediment. In the former case (oo- Slavonians, inhabitants of Transylvaziia, and of Fiume cult impediment) the question is decided pro foro in^ enjoy a sixmlar dispensation. Catholics of the various temo in the tribunal of penance or by the penitentiary Eastern rites, who are in union with the Holy See, are Apostolic at Rome. In such cases strict secrecy, exempt from the law; likewise all non-Catholics, ex- similar to that of the confessional, is observed, par- cept those who have been baptised in the Church, but ticularlv with regard to names and places of resiaence. have fallen away.

In the latter case (public impediment) the doubt has The law is not retroactive. Marriages contracted always to be settlea pro foro extemo in the matrimo- before its promulgation will be adjudicated, in case of nial courts; for no general laws can be made to cover all doubt, according to the laws in force at the time and possible circumstances, and the practical application place of marriage. It simplifies procedure. Former of the canonical and moral laws of marriage to ao- difficulties arising from quasi-domicile are done away tual cases, just as happens with civil laws, involves at with by a month's residence, even when taken infrau- times questions de jure and de facto, which must be set- dem leffia; the ordinanr or the parish priest is tli^ au- tled by competent judges. In every diocese presided thorized witness of the Churdi, and he or a priest over by a bishop and especially in every metropolitan delegated by him by name, can assist validly at any see, the canon law requires a matrimonial court. Such marriage within his territoiy, even though the parties a court has no power to legislate, but ad indicates ao- come from without it; though, of course, such ordinary cording to the laws and the precedents ot the Roman or parish priest needs, and snoidd ask for, letters of courts. Bishops of dioceses, national and provincial permission from the proper authority to assist lidtly councils may, however, enforce stricter observance of at such a marriage. The local autiiOTities may in- the general la^s in their respective jurisdictions; if crease the punishment assigned in the text of the law peculiar circumstances require it, they can legislate for any infraction of this provision*. By a decree of against abuses and insist on special pomts of law; for the Sacred Congregation of the Sacraments (7 March, instance, they may demand certain qualifications in 1910), the power to dispense kings or roysd princes witnesses to marriage, and prescribe certain prelimi* from impecuments, diriment or impedient. is henoe- naries for mixed marriag^, binding on priest and peo- forth reserved in a special manner to the Holy See, and pie imder pain of sin. From the decisions of the dio- all faculties granted heretofore in such cases to cer* cesan and the metropolitan courts, particularly in tain ordinaries are revoked. In the peculiar drcunn questions involving nullity of marriage, appeal can be stances of certain Indian dioceses (see India, DovbU taken to the courts of theHoly See. The decisions of Jurisdiction) ^ the question has been asked: Whether these courts are final, especially when the Holy Father for persons residing in India within a double jurisdio- approves them. In rare cases a reopening is allow^, tion, it is sufficient, in order to a valid and hcit mar- aud then, usually, because new evidence is offered, liage, to stand before the personal parish priest of one Since Pius X reorganized the Roman Curia by the or both; or whether they must also stand before the Constitution "Sapienticonsilio" (29 June, 1908), such territorial parish priest. The question having been appeals must be made to the congregation, tribunal or referred to the Holy Father, the Con^gation of the cmice specified in that Constitution to deal with them: Sacraments replied, with the approbation of His Holi* " For the future every question regarding mixed mar- ness, in view of the peculiar circumstanoes, affirma- riages is to be brought before the Congregation of the tively to the firat part; negativelyto the second part. Holy Office; likewise, all points which either directly V. Marriage Indissoluble Except by Death.— or indirectly, in fact or in law, refer to the Pauline It must again be repeated here that the Church Privilege " (Answer of the Congregation of the Consis- teaches, and has always taught, that death alone can tory to letter of Holy Office, 27 March, 1909). (For dissolve a ratified and consummated Christian mar- the procedure in case of appeals from countries under riage. When the death of either party is not proved thejurisdiction of Propaganda, see Propaganda.) by such evidence as is required by canon law, there is IV. The New Marriage Legislation. — The no permission to re-marry. The instruction " Matri- marriage law, known by its initial words, Netemere", monii vinculo (1868) is still strictly followed, as went into force on Easter Sunday, 18 April, 1908. appears from an answer of the Sacred Congregation of The principal changes it made in the Church's matri- the Sacraments to cases that arose in the earthquake monial legislation relate to clandestine marriages district in Southern Italy in March, 1910. Marriages (which it makes null and void for all Catholics of the ratified but not consummated by sexual intercourse Latin Rite) and to questions incidental thereto, are sometimes dissolved by the Roman Pontiff in The law enacts that a marriage of Catholics of the virtue of his supreme power; sometimes they are dis- Latin Rite is licit and valid only if contracted in the solved by entrance into the reUgious life and by actual presence of the ordinary, or the parish priest, or a profession of solenm vows. Such dissolutions of mar- priest delegated by either, and at least two witnesses. Tiagesthatare merely ratified are in no sense subversive Any priest may revalidate a sinful or an invalid mar- of 'what God hath joined let no man put asunder " riage of those who. through sickness, are in serious (Matt., xix, 6). Again the matrimonial courts nuMr danger of death, unless their case is such as admits of find on the evidence adduced that a marriage is null no revalidation — as for instance, if they are in holy and void; there may have been a Imown or a hidden orders. Again, in the case of those who live in dis- diriment impediment when the marriage was con* tricts where no priest resides, and who cannot with- tracted. In some i^^tances such a marriage is revali* out serious hardship go to one, the new law provides dated after securing the required dispensationi if sudi