THE CASUIST A Collection of Cases in Volume II New York 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 Code allows marriage without a priest when it can be foreseen that the great inconvenience of getting a priest for the marriage will last a month. CASE XX, 1°.-The New Code drops the impediment of public honesty which according to the old law arose from valid engagement contracts. (Cf. Canon 1078.) CASE XXIII.-The Bull "Apostolicae Sedis" is revoked by the New Code but the censure of excommunication specially reserved to the Holy See for the crime mentioned in this case has been retained as can be seen from Canons 2333, 2334 and 2343. CASE XXV. The answer to this case is made absolutely certain by Canon 1017 of the Code which reads: "The promise of marriage whether by one party only or mutual is null and void both in conscience and in the external forum unless it is made in writing, signed by the parties and either the local pastor or the bishop, or two private witnesses." CASES XXVII and XXVIII must be corrected, for Canon 1099 of the Code explicitly states that Catholics of the Oriental Rite are bound to the form of the marriage contract as demanded by the "Ne Temere" and the New Code, if they contract marriage with a Catholic of the Latin Rite who is bound to that form. CASE XXIX, page 136, No. 11.-Canon 1096 of the Code demands under pain of invalidity of delegation that the pastor of the place when delegating another priest must specify both the priest and the marriage for which he delegates him, so that all general delegations are made null and void except that a pastor may give general delegation to his regularly appointed assistants. CASE XXX, page 141.-It is stated here that marriages between a Protestant and a Jew would be invalid in the eyes of the Church on account of the diriment impediment of disparity of cult. Such is the rule until the New Code goes into effect. The Code makes disparity of cult a diriment impediment only for a marriage of a non-baptized party with a person baptized in the Catholic Church or converts to the Church from heresy and schism. Canon 1070. CASE XXXII.-The New Code somewhat modifies the "Ne Temere" for marriages in danger of death. Canon 1098 states that if the pastor 2 or a properly delegated priest cannot be had the parties can contract marriage validly and licitly in the presence of two witnesses. If a priest not authorized to assist at marriages can be called the Code wants him to be present but in any case the two witnesses are sufficient for validity. The question of the faculty to dispense from impediments of marriage in danger of death is determined by Canons 1043 and 1044. The bishop can in such cases dispense from the form of marriage and from any impediment except the priesthood and the affinity in the direct line. If a dispensation from mixed religion or disparity of cult is given the promises must be made. Under the same circumstances and only in cases where the bishop cannot be reached the pastor has the same faculties and also the priest who might be called to assist at a marriage as in the above quoted Canon 1098. Finally the confessor also has these faculties but only for the internal forum and in sacramental confession. CASE XXXIII.-Also in this case the "Ne Temere" has been changed in an important point by the Code. Canon 1098 says that whenever the bishop or the pastor or a delegated priest cannot be called nor can the parties go to him and it is foreseen that this condition of affairs will last for a month they can contract marriage in the presence of two witnesses. They need not wait for thirty days. CASE XLVIII.-The New Code declares in Canon 765 that the father or mother cannot be sponsors at baptism which means that even though they attempted to act as sponsors they would not be recognized as such nor contract any spiritual relationship. CASE LV.-The conclusion of this case, viz., that simple professed members in Orders that have solemn vows are not held to the reserved sins of the Order while they are in simple vows cannot be upheld any more. Canon 615 says that the members of Orders, including the novices, are exempt from the jurisdiction of the bishop except in some cases specified in the Code. They are therefore subject to the authorities of the Orders in the same manner as the solemn professed for the time they stay under the jurisIdiction of the Order. |