The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
A movement of retrogression the promulgation of the decree may have been;
but every religious body must be free to lay down rules as to its
membership. To quote the letter of the Archbishop of Canterbury of
November 8th, 1911, on this subject: “Any branch of the Church of Christ
must clearly have the power of defining the conditions of membership.”(95)
It is but fair to remember that the decree _Ne temere_ is part of a
settled policy. The Church of Rome has often shown its disapproval of
mixed marriages which Benedict XIV. declared “abominable.”(96) It is but
fair also to take note of the plea that this decree is the latest attempt
to secure uniformity in regard to marriage law; attempts which have been
pursued since the _Tametsi_ decrees of the Council of Trent. Before the
reform in the marriage law then effected there was much confusion and
looseness. All that was required for a valid marriage was that the
contracting parties should express to each other their mutual consent by
words _de præsenti_; a state of things which favoured fraud and led to
uncertainty. The Tridentine change must appear to most lawyers to have
been a great reform; marriage was to be solemnised in the presence of the
parish priest of one of the parties and of two witnesses. But this
ecclesiastical law is not even now in force in several countries. It was
promulgated in most Catholic countries; it was never promulgated in purely
Protestant countries, or in all countries with a mixed population. It
applied to marriages between two Catholics but not necessarily to mixed or
to Protestant marriages. It might be in force in one part of a country and
not in another. Thus the _Tametsi_ decree was in force in the greater part
of the province of Armagh since the time of Elizabeth. Not until 1827 was
it promulgated in the province of Dublin. Now we are told that it was to
secure still further uniformity that the decree _Ne temere_ was published.
It requires all persons baptized in the Catholic Church, and those who
have been converted to it from heresy or schism, to marry in the presence
of the parish priest or ordinary of the place in which the marriage is to
be celebrated, otherwise the Church will regard it as null. If neither of
the contracting parties is a Catholic the Church recognises the marriage
as valid wherever it is celebrated.(97) How far other motives may have
operated I cannot say; it is only fair to bear in mind that the decree is
defended as a fresh effort to introduce certainty and definiteness as to a
fundamental institution.
Public-domain text, read in full here on John Shaqi.
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