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Page:Catholic Encyclopedia, volume 17.djvu/227

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OLAKDESTINITY 211 OLEBIO

filled this see from 1911 until his transfer to Osimo, no special reason is mentioned as necessary; for- 12 May, 1917. merly the marriage was allowed only to set consci-

According to 1920 statistics Cometo counts a ences right or to legitimize offspring; and also Catholic population of 11,000; 6 parishes, 15 secular (b) if there is no danger of death, but it is pru- and 8 regular clergy, 7 Brothers, 50 Sisters, and 34 dently judged— certainty is not needed — that the churches or chapels. Civitavecchia is credited with impossibility of having the proper assistant priest 27,000 Catholics; 6 parishes, 27 secular and 17 regu- will last for a month (Ne Temere required this lar clergy, 14 seminarians, 14 Brothers, 30 Sisters, condition actually to have existed for a month), and 14 churches or chapels. If any priest coidd be obtained in either of the

cases just mentioned this should be done, though a OUmdestinlty (cf. C. E., IV-l).^Many important neglect to do so would not affect the validity of modifications regarding clandestine marriages were the marriage.

made by the decree "Ne Temere" (1907), which was These regulations bind (1) all Catholics of Latin binding on Catholics throughout the world, though Rite, Catholic here means all those who have been later a dispensation was granted in Germany and in baptized in the Catholic Church, and all converts Hungary. Some further changes have been made to Catholicism from heresy or schism, even, if they since then by the Code. Only those marriages are fell away later, but it does not include the children now valid which are contracted before the parish of non-Catholic parents who may have been bap- priest — or a pastor who in canon law is regarded tized in the Catholic Church, but have always been as a parish priest— or the local ordinary of the brought up outside of the Church; (2) all such place of contract (Ne Temere had "of the parties Catholics marrying non-Catholics even where a contracting"), who may act only from the day of dispensation has been obtained on accoimt of dif- taking formal possession of or being canonically in- ference in religion — under the Tridentine regime on stalled in th^ office, or if there is no installation the contrary the exemption of one party was com- from the day they begin to exercise their office, or municated to the other; (3) all other (Catholics who by a priest delegated oy ona of them and at least marry a Latin Catholic. In conclusion it may be two witnesses. The parish priest or ordinary re- well to add that all these restrictions do not apply quired for validity must not have been by a par^ to other Christian or non-Christian marriages, ticular decree excommunicated or interdicted, or «,?^^ ^^' ^'*'» 1W4-W; Atbinhac, Marriage Legislation, suspended from office or declared to be such — other *^"*'-

censures apparently would not effect validity— they Cleric (cf. C. E., IV-49). — Clerics should not, can validly assist at all marriages, even of persons merely go frequently to confession but should make not subject to them, within their own territory; an examination of conscience, a meditation, a visit their presence, however, must not have been ob- to the Blessed Sacrament, and recite the Rosary tained by force or grave fear, and they must both daily. In view of their mission they must not ask and receive the consents of the parties con- volunteer for military service, unless when this is tracting — under the Tridentine regime it did not done with the permission of their ordinary, in coun- matter whether or not the priest's presence was tries where the service is imposed on clerics, in free. While the pastor or ordinary may delegate order to finish their period of service the sooner; another priest to assist at a marriage within their nor may they take any part in internal wars or territory, the permission given must be expressed public disturbances. A cleric in minor orders who to a specified priest, for a particular marriage, thus volunteers for military service, except when he is excluding all kinds of general permissions,* except duly authorized by the law or his ordinary, loses his to priests appointed as parochial assistants {vicarU clerical status thereby, he is dropped from the ranks cooperatores) and then only for the parish to which of the clergy, also, if on his own authority he they are attached. This permission should not be abandons the clerical dress and tonsure without just granted until the freedom of the parties to marry cause and after being warned by his ordinaiy re- has been duly established. While the priest or mains recalcitrant for a month. Clerics even if not ordinary of the place of contract might validly as- bound by the law of residence must not absent sist at any marriage within his territory, he cannot themselves from this diocese, for a notable time do so lawfully imless at least one of the parties without leave of the ordinary. They are forbidden has a domicile, quasi-domicile or has resided m that when they assist at fimerals to help to carry the territory for a month— or less in case of a vagus — body of any lay person whatsoever; they must or unless he has been authorized by the parish assist at the customary processions of their churches, priest or ordinary of one of the parties, but in the and are obliged to aid their parish priest in teach- case of vagi having no actual residence or where a ing catechism; they must not publish works on grave reason exctises one from asking the permission, secular subjects or write for newspapers or period- the priest of the place of contract can assist lawfully, icals, or edit them without the ordinary's consent. It may be noted that the question of domicile now If a cleric is made trustee of property for pious affects only the liceity, not the validity, of a mar- purposes he must notify his ordinary and give him liage. ^ details of the property and its obligations. It is ab-

The bride's parish priest is the proper priest to solutely forbidden to compel any one to become a assist at a marriage but for a just cause the bride- cleric and those who are guilty of such an offense groom's or another priest mav be chosen. If the incur thereby unreserved excommunication, parties belong to different Catnolic Rites, the man's Clerics must not act as sureties or pledge prop- parish priest has first claim, unless there is a law erty without their ordinary's consent. The^ must to the contrary — such a law exists in the United refrain entirely from whatever is unbecoming the States when one of the parties belongs to the Greco- clerical state, from exercising certain indecorous Ruthenian Rite. If it is not morally possible for arts, from gambling, carrying arms without neces- the parties to go before the parish priest, the ordi- sity, hunting, especially if it is noisy, entering drink- nary, or a delegated priest as mentioned above, ing-houses and other such places, except in case of or for one of these to come to the parties, the necessity or for a just cause approved by the local latter can contract a valid and lawful marriage ordinary. They should avoid certain other things merely before two witnesses; (a) if there is danger which are foreign to the clerical state: thus, they (Ne Temere said "imminent danger") of death; are not to practice medicine or surgery without