The new decree makes again a distinction between apostates from Catholicism and such from Protestantism. The former can be validly married to Jews only before a Catholic parish priest (except in exempted territories) (Num. XI, Par. 2, of the decree). Apostates from Protestantism can, always and everywhere, be validly married to Hebrews without a Catholic parish priest (Num. XI, Par. 3, of the decree). The impediment of disparitatis cultus applies here and hence such marriages are invalid in facto, a dispensation not having taken place.

(g) Catholics and Infidels.

Here is to be ascertained, first of all, whether the infidel party was formerly either a Catholic, a Protestant (schismatic), Hebrew, or has grown up from childhood without Baptism and religion. The previous law treated an infidel who was formerly Catholic or Protestant in the same way as a heretic, and marriages therefore between a Catholic and a baptized infidel were classed with marriages between Catholics and Protestants. The infidel formerly a Jew, and those from childhood without Baptism and religion, were viewed as unbaptized, and to these the same rules applied as in marriages between Catholics and Jews.

The papal decree of August 2, 1907, deals more rigidly with the infidel formerly a Catholic than with others. Marriages between Catholics and Catholics become infidels are only valid, everywhere, when performed before a Catholic parish priest (Num. XI, Par. 1, of the decree). The impediments are to be considered. A dispensation is necessary for lawful marriage. Catholics and other infidels (who were not Catholics) can as a rule only be validly married before a Catholic parish priest, special laws for certain localities and territories allowing of exceptions (Num. XI, Par. 2, of the decree). The impediments are of course not to be overlooked.

(h) Protestants and Infidels.

Before the decree Ne temere an infidel formerly a Catholic was viewed in regard to marriage the same as a heretic. Hence in regard to the form of marriage, alliances of Protestants with infidels who had previously been either Catholic or Protestants were classed with marriages among heretics, and to marriages between Protestants and unbaptized infidels the same rule was applicable as to marriages between Protestants and Jews.

The new law discriminates also in this case against the infidel who has been a Catholic. A marriage between such an infidel and a Protestant can as a rule be validly performed only before a Catholic parish priest, but in certain exempt districts and localities the validity of such marriage is recognized by Rome also without the assistance of a Catholic priest (Num. XI, Par. 3, of the decree). The impediment of disparitas cultus between baptized and unbaptized would have to be removed.

(i) Jews and Infidels.

In the sense of the old law a marriage between a Jew and an infidel who had been Catholic or Protestant, was classed with the marriage between Jew and Protestant. The marriage of a Jew with an unbaptized infidel was, as a marriage between unbaptized, not bound by ecclesiastical law and was valid always and everywhere without a Catholic priest.

The new law has again a separate regulation for the infidel formerly a Catholic. Unions between Jews and infidels formerly Catholics are valid only when the ceremony is performed before a Catholic parish priest (subject to territorial exemptions) (Num. XI, Par. 2, of the decree). Jews and infidels other than former Catholics can enter into a valid union everywhere without a Catholic priest (Num. XI, Par. 3, of the decree). The impediment of disparitas cultus is to be removed.

ALOIS SCHMÖGER, D.D.

XXXI. THE VALIDITY OF MARRIAGES AMONG NONCATHOLICS OF THE SAME DENOMINATION

While the priest has nothing to do with the marriage ceremony in such cases, he will have to inquire into the validity of such unions if one or both parties after their marriage adopt the Catholic faith. For this inquiry he must regard not only the new decree Ne temere, but sometimes the previous law.

If such a marriage was entered before Easter, 1908, its validity is to be judged according to the older law.

When in the following the assistance of a Catholic parish priest is required it is to be understood to mean parish priest and at least two witnesses.

1. Marriage among Protestants (schismatics). Before the decree Ne temere the following distinctions were made:

(a) In non-Tridentine territories such marriages were undoubtedly valid regardless of the attendance of a Catholic priest.

(b) For certain districts special laws have been promulgated (so for Hungary, Belgium, Holland, Germany), which made such marriages valid, but unlawful.

(c) For Tridentine territory marriages entered by two Protestants are variously viewed by canonists, who are not agreed as to whether the presence of the Catholic parish priest was necessary for their validity or not. The Roman canonists and Congregations declare themselves for the necessity of the Tridentine form in the case of such marriages.

The decree Ne temere puts an end to all doubts by deciding that marriages among Protestants (schismatics) may after Easter, 1908, be validly contracted throughout the world without a Catholic priest.

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It no longer seems to require the assistance of a Catholic priest even for lawfulness, because it says nullibi ligantur ad catholicam matrimonii formam."

2. Marriages among Jews (unbaptized).

Ecclesia non judicat de iis, qui foris sunt. Jews who marry Jews were bound invariably by the jus naturae and divinum only, and never by Canon Law. Hence at no time Jews and unbaptized were bound by the Tridentine form of marriage, not even in Tridentine territory. Also under the new decree they marry validly and lawfully without parish priest and two witnesses (Num. XI, Par. 3, of the decree). Heathens, Mohammedans, in brief all unbaptized are in reference to the marriage laws classed with Jews.

3. Marriages among apostates.

Apostates are former Catholics or Protestants (schismatics) who have renounced their Christian faith; whether they have embraced another form of religion, or whether they live as free thinkers, is immaterial for the technical appellation. According to the former law apostates (without distinction as to whether they had formerly been Catholics or Protestants) were considered by the marriage laws the same as heretics. Therefore marriages of apostates were subject to the (above mentioned) regulations concerning marriages among Protestants. A distinction was made between Tridentine and non-Tridentine territory.

The new law is toward former Catholics more severe than toward apostate Protestants. If two apostate Catholics marry, their marriage can everywhere only be validly contracted before a Catholic parish priest (Num. XI, Par. 1, of the decree). If two apostate Protestants enter into matrimony the union is valid and lawful without a Catholic priest (Num. XI, Par. 3, of the decree). Should an apostate Catholic desire to wed an apostate Protestant, then as a

rule a valid ceremony can take place only before a Catholic priest; exception being made only for exempted places (Num. XI, Par. 2, of the decree).

What if such persons present themselves before a Catholic parish priest to be married? What is he to do? The impediment of religio mixta is not present, for in that regard both parties are regarded as heretics. Neither is there the impedimentum disparitatis cultus. The ratio dubitandi is in this case really only, (a) the excommunication, of the candidates for Matrimony, preventing the reception of a Sacrament of the living, and, (b) the co-operation of the priest at an unlawful wedding of this kind. Hence the priest will endeavor first of all to reclaim the apostate persons for the true religion, that they may be absolved from the censure. Should this be futile, then he must lay the case before his Bishop. Pope Pius VI in a similar case gives to the ordinary instructions to apply to Rome (Aichner, Comp. Jur. Eccl., 1890, p. 666, nota 28). The case is really analogous to the marrying of impenitent candidates whom the priest tries in vain to bring to a proper frame of mind. Hence the Bishop could in my opinion, in an urgent case, even give of his own authority the decision warranted by the circumstances.

4. Marriages among infidels.

Three kinds of infidels may here be distinguished: Those who formerly were Catholics, those who were Protestants (schismatics), and, former Jews or persons from childhood without Baptism and religion.

If both infidel parties are former Catholics, their marriage before the decree Ne temere was regarded the same as the union of two Protestants; the new law regards the marriage only as valid, everywhere, if performed before a Catholic priest (Num. XI, Par. 1, of the decree). When two infidels, former Protestants, marry, the