THE CASUIST A Collection of Cases in Theology Volume II New York Nihil Obstat REMIGIUS LAFORT, S. T. L. Censor Librorum Imprimatur JOHN M. FARLEY, D. D. Archbishop of New York NEW YORK, OCTOBER 2, 1908 Copyright, 1908, by JOSEPH F. Wagner, New York THE HE generous approval bestowed upon THE CASUIST when it first appeared, two years ago, encourages us to continue the series. The present volume, like its predecessor, contains many original Cases that appeared in THE HOMILETIC MONTHLY. To them have been added Cases of particular interest, selected from recent periodical literature, and to these Cases their authors' names have been appended. CORRECTIONS Made Necessary by the New Code of Canon Law IN VOLUME II OF THE CASUIST Compiled by the VERY REV. STANISLAUS WOYWOD, O.F.M. CASE I.-The opinion of some authors that ignorance excuses from incurring an impediment like that of crime is not tenable any longer, for the New Code in Canon 16 states: "No ignorance of invalidating laws or such as inhabilitate a person for certain actions shall excuse from the law, unless it is thus stated explicitly in the Code." CASE V, Quest. 1.-The spiritual relationship as a diriment impediment to marriage is limited by the Code, Canons 768 and 1079, and exists only between the one baptizing, and the sponsor, with the one baptized. There is no longer any impediment between the sponsors and the parents nor between the minister of baptism and the parents. Therefore in this case there is no impediment of spiritual relationship. As regards Question 2, page 27, it may be remarked that the witnesses are required in every Catholic marriage and the New Code does not alter this rule. In danger of death when a priest, authorized to assist at marriages, cannot be had two witnesses suffice. Outside the case of danger of death, if the priest cannot be had and the parties cannot go to him without great inconvenience and it can be foreseen that this condition will last for a month, the parties can contract a valid marriage in presence of two witnesses. Canon 1098. In this Canon there is an important modification of the "Ne Temere" in as much as according to the "Ne Temere" the parties could not marry without an authorized priest unless the difficulty of getting the priest had actually lasted for a month, while the New 1 |