tangat. Sed nec ipsa pelvis velis apponatur lavandis, nisi quae ad Dominici altaris cultum pertinent. Pallae altaris solae in ea laventur, et in alia, vela januarum." In this canon, therefore, it is commanded, and not merely recommended, that the altar linens, when soiled, be washed by a deacon, assisted by clerics of lesser degree, a Diacono cum humilibus ministris; which does not mean that the clerics of lesser degree than the deacon may themselves wash the altar linens, but that they are to assist the deacon in the performance of this ministry. This canon of the decree of Gratian contains some prescriptions that have since been abrogated by the general practise obtaining in the Church. Thus, for example, the canon ordains that the linens shall be washed within the sanctuary, and that they shall not be removed from the sanctuary. Also that the altar cloths are to be washed in the same way as the other linens. But the general practise of the Church, abrogating certain of the provisions of this fortieth canon of Gratian's decree, does not extend to the washing of the purificators, corporals or palls, which must still be washed by a man in sacred orders. This appears from repeated answers of the Congregation of Rites. Again, in the rite of ordination of a subdeacon, as contained in the Roman Pontifical, the bishop admonishes the cleric, whom he is about to raise to the office of subdeacon: Subdiaconum oportet pallas altaris et corporalia abluere. According to a decision of the Congregation of Rites, September 12, 1857, this washing of the purificators, corporals and palls, since it is enjoined by the Roman Pontifical on the subdeacon, as one of the duties of his office, may not be committed to any persons not in sacred orders except by the Roman Pontiff himself.

2. The purificators, corporals and palls must be washed by hand, and not with instruments or by machinery. It is not required that

they should be altogether clean, when they leave the hands of the subdeacon, or that they should not be washed again, but nevertheless, the cleansing that they receive at the hands of the subdeacon should be a real washing, vera ablutio. According to the rubrics found at the beginning of the Missal, de defectibus (tit. x, n. 12), the corporals, purificators and palls should be washed three times, and each time, according to the common opinion of the rubricists, in fresh water. But these two extra washings are not considered preceptive, but only commendable, while the first washing is of strict obligation. This is evident, the rubricists say, from the canon of the decree of Gratian, as well as from the Roman Pontifical, both of which prescribe only one washing.

3. According to the decree of Gratian these linens are to be washed intra sanctuarium. The general practise of the Church, as well as the interpretations of the rubricists, take these words as meaning that these linens are not to be washed in the houses of the laity.

4. The linens are to be washed in a bowl or basin reserved for this sole purpose, and are never to be washed with any household linens. The words of the canon are explicit: Sane pelvis nova comparetur, et praeter hoc nil aliud tangat. Sed nec ipsa pelvis velis apponatur lavandis, nisi quae ad Dominici altaris cultum pertinent. Pallae altaris solae in ea laventur, et in alia, vela januarum. 5. The water used at least for the first washing must be poured into the sacrarium, according to the canon.

II. It is never lawful for sisters or other religious women to give the linens the first washing. In the office of St. Soter, as found in the Breviary for April 22, it is stated that the saint ordered that women of religious orders should not touch the altar linens. "Soter sancivit ne sacrae virgines vasa sacra et pallas attingerent."

The decree of Gratian, distinctio XXIII, canon 25, says: Sacratas Deo foeminas, vel Monachas, sacra vasa vel sacratas pallas penes vos contingere et incensum circa altaria deferre, perlatum est ad Apostolicam Sedem: quae omnia reprehensione plena esse et vituperatione, nulli recte sapientum dubium est. Quamobrem hujus sanctae sedis auctoritate haec omnia vobis resecare funditus quanto citius poteritis censemus. Et ne pestis haec latius divulgetur, per omnes provincias abstergi, citissime mandamus.

The same is gathered from the response of the Congregation of Rites, September 12, 1857. The Congregation was asked: "Utrum moniales seu piae foeminae vitam communem sub regula degentes, possint cum licentia Ordinarii abluere corporalia, pallas et purificatoria?" The Sacred Congregation answered: Negative.

This prohibition, however, affects only the first washing.

It is becoming that the second and third washing also should be done by a man in sacred orders, but it is not obligatory. Therefore, after the purificators, palls and corporals have been washed once by a person in sacred orders, there is no prohibition against handing them over to the sisters or other religious women, who will wash them again and iron and repair them.

XX. A MARRIAGE CASE UNDER THE NEW

DECREE

Titius, an assistant priest in St. Bartholomew's parish, is aroused from sleep in the middle of the night and called to the neighboring parish of St. Thaddeus to administer the last Sacraments to one of his parishioners, named Cajus, who is taken suddenly very ill while visiting there in the house of Sempronia, a woman to whom he was never married, but by whom he has several children. Titius recalls, on the way thither, that Cajus is engaged to be married to Tiberia, Sempronia's sister, which engagement is in writing and signed by Titius himself as well as by Cajus, but not by Tiberia, because she can not write. Now Titius has been warned quite severely by the pastor of St. Thaddeus against trespassing on his parish to administer the Sacraments or perform any other sacerdotal ministry. On the other hand, Titius has received authorization from the assistant priest of St. Thaddeus, who is a particular friend of his, to administer any of the Sacraments within the parish limits whenever he might desire to do so. Taking note of these things, and not wishing to disturb his friend, the assistant priest of St. Thaddeus, Titius resolves to marry Cajus and Sempronia without more ado. He makes two small boys, one ten and the other seven years old, act as witnesses. They are half asleep and grumbling because their sleep has been disturbed. Omitting the interrogations and the prayers, as found in the ritual, Titius marries the pair without any ceremony, simply having them express mutually their consent to the marriage. Returning home, Titius retains the fee for the marriage which Cajus gave him, and records the marriage on the books of St. Bartholomew's parish, but neglects to make any

entry in the baptism records. All this happened since Easter Sunday, April 19, 1908, on which day the new marriage law, “Ne temere," of Pope Pius X, went into effect.

Unde quaeritur: An Titius egerit temere?

Answer. "Nearly thirty years ago, 1880, Leo XIII, of blessed memory, acclaimed to the world the famous encyclical 'Arcanum,' which contains a most lucid and comprehensive exposition of the fundamental principles of Christian marriage; and Pius X, through the Sacred Congregation of the Council, in order to make most practical these principles at the present hour, issued the decree 'Ne temere,' which (1) changes the discipline of the Church with regard to 'sponsalia' (betrothal); (2) modifies the 'Tametsi' decree of the Council of Trent affecting clandestine nuptials: (3) provides for a more perfect registration of marriage." (Pastoral of the Archbishop of New York on the new marriage law.)

The above case falls under this new law of Pius X, and in order to treat it clearly and orderly, we shall consider:

1. The sponsalia contracted by Cajus and Tiberia.

2. The validity of the marriage between Cajus and Sempronia, as performed by Titius.

3. The lawfulness of the said marriage.

4. Titius' conduct in retaining the marriage fee and entering the marriage on the records of St. Bartholomew's church.

I. The sponsalia contracted by Cajus and Tiberia. Since the Council of Trent, vera sponsalia, i. e., a true betrothal or marriage engagement, produced the following results: First, it created a diriment impediment publicae honestatis, to the subsequent marriage of either party to the betrothal, with a blood-relative in the first degree, of the other; that is to say, a man can not marry either the mother, sister or daughter of the woman with whom he has con