MARRIAGE LAW.

Press, Volume LVI, Issue 16945, 21 September 1920, Page 7

MARRIAGE LAW.

ANGLICAN BISHOP'S VIEWS.

new clause strongly j CONDEMNED. .; (tPECIAI, TO "THE TKESS.") DI'NEDIX, September 20. speaking lie fore ;i large congregation at St. Paul's Anglican Cathedral nn tlic marriage law, Bishop Richards said: We are indebted to Archbishop O'Shea for bringing this matter to the light of day. and 1 gladly acknowledge our indebtedness to him 'for doinjr so, for indeed a great, principle is at stake, serious enough in the present instance but more far-reaching in its effect, threatening in fact the civil and religious liberty of everybody in New Zealand. What is this principle? It is this: If in the case of nmrriage we may not criticise a law and its effect when once the Parliament has it, then the same may be said of any law, •whatsoever moral •:)u est ions of any kind may be involved. The liberty of whole 'sections of the community may l>e at stake, but only let the Parliament of New Zealand legislate upon such question?, and immediately they are Sacrosanct. Anyone will be liable to be fined or imprisoned if either openly or by implication he presume to criticise such legislation, or to call it in question. In such circumstances our Lord Himself would be imprisoned for friving His teaching on marriage and divorce. We should be imprisoned for following in His steps. It may be said that it is not the intention of the Government to legislate in such a way as this, ami I fini bolieve it, "but "i-nc offset <if a law" is not determined by the intention of those who frame it. It is the actual meaning of the law as interpreted by the Counts that ically counts, and" in this present instance the considered opinion of an eminent lawyer cannot lightly be set aside. If, on the. other hand, 'as has been hinted, it is the deliberate intention of the Government to provoko a conflict with the Church, then we accept the challenge. A sacred trust has been committed to our keeping, and I pray that no fear of corneaucnccs may ever cause me to betray the trust and to shrink from giving free utterance to those moral and sniritual truths which are bound un with the life and teaching of our Lord. It may be that matters wall be carried to extremes, and that pome of the Bishops may find themselves in prison. Well, in this caso. we sbou.d thank God that we were allowed to suffer for His name. W* should thank God if, by this means, the consciences of men ere aroused to the seriousness oF the issnea which are at stake. Already the surely material teaching of marm<re is bearine fruit. Alroadv t*® J} f family life is beine mcrcasmcrlv defiledSexual sin is lightly regarded. A flood of immorality is let loose throughout the land, bringing m corruption, weakeninc the manhood of our race, and threatening disaster.

ARCHDEACON FITCHETT'S VIEWS.

ANGLICANS WILL SUPPORT SOMAN CATHOLIC RESISTANCE. (SPECIAL TO "THE FHISSS."i ■ DUNEDIN, September 20. Preaching at St. John's Church, the *Ven. Archdeacon Fitchett condemned the proposed amendment to • the Marriage Act as an infringement of religious liberty, and an attempt to dictate to th« Church what she may or may not "'t6a&'as doctrine. • It affected not only thoso of the Roman allegiance, but the ■whole Catholic Church in this Dominion. .The' Roman Catholic bishops had made it clear that if the proposal became law "they would break the law, refuse to pay fines and suffer tho penalty of imprisonment. It,was well that members of the Anglican branch of the Catholic Church should know that their bishops ana priests would do the Bame. Whatever the Legislature desired, or whatever laws were passed, the Church through her pieachers,, who are Tier prophets, would continue to give the teaching or her Lord and His Apostles on divorce, and or the sacramental character of marriage. Whatever the personal consequences, the preachers must refuse to prophesy falsely, however much the ' people may love to have it so.

CATHOLIC CONGREGATION'S RESOLUTIONS.

(PRESS associatioh telegram.) HAWERA, September 20.

The Catholic congregation at kawera unanimously passed the following resolutions: — , "Whereas no power has authority to break tho bond of Christian marriage, duly contracted and truly consummated, .and repudiation of this bond is_ an outrage against Nature, a crime against Society, and a sin against God; and whereas tho civil law has been giving new facilities, and, _ therefore, new encouragements, for violation of the marriage bond;. and whereas the Legislative Assembly has made an immoral and iniquitous amendment to the Marriage Law, intended to compel Christians to approve of immoral conduct; it is resolved that tho Catholics of Hawera request the Government to remember that marriage is an ordinance of God, against which tho State is powerless, and that tho Government be adyiscd to keep within its own sphere, and to be content with regulating tho dvil effects of marriage, and not degrade tho by accepting the amendments of tho Upper Chamber, which are without precedent." It was further resolved: "That in case these amendments become law, the active help of this congregation bp at the disposal of our bishops; that no threat of fino or imprisonment shall drive us to act tho uart of dumb dogs in the face of a pernicious code of public morality that i 6 eating into the life of the nation; and that we will stand by the Church in her conflict with the State, and will gladly suffer imprisonment, and even death, to uphold the Catholic reverence for the holy sacrament of marriage, and for the laws of the Church that wisely protect it from profanation.''

"NE TEMERE" DECREE.

DISCUSSION"' BY COUNCIL OP CHURCHES. Strong condemnation of tho effects of the "Ne Temere Decreo" and approval of the proposals of the Legislative Council in regard to tho marriage law were expressed at the meeting of the Council of Churches last night. Tho Rev. R. M. Ryburn opened the discussion by moving the following motion -. •— "The Council of Churches, having regard to the fact of the promulgation of tho 'No Tumere decree' in the Dominion which in its application in the case of mixed marriages traverses the law of the land and non-Roman Catholic Churches by declaring invalid a marriage duly solemnise"-! according to these laws, and is so used as to disturb the peace of families and break up homes and considering that tho clause proposed in the Bill to amend the Marriage Act now before the House will prevent the declaration that marriages performed arcordinjj to the laws of the land are

not marriages at all, and will not restrain any denomination from promulgating its ov.'n special doctrine, regaining marriage, expresses its appro\al of the of tfie clause and its hope that in whatever form may be deemed wisest the House of Representatives will pass it into law and so conserve the rights and liberties of all denominations." „ . . .1 Mr Ryburn said that his views on the matter corresponded with those 01 the Rev. Howard Elliott. It was a serious position it, when a Protestant arm a Roman Catholic were married by a I rotestant clergvmnn. the Roman Catnolic Church said that the marriage was not a marriage, especially it' one or tlie parties believed it. If the Church nprelv said that such a marriage was lot according to their sacramental views sf marriage, that would be all ug •, Hit it was not- all that was said. 3.uch rouble was often the result, with t . )reaking up of home?-. The pi op • 'lause In the Act did. not prevent :heir saving that marriage was not iccording to their sacramental icle.s, >ut it stopped them or anyone else rom saying that a civil marriage was lot a maiTiage. . , The Rev. J. J. ~Sor\h said in at the Council should certainly move in the matter, because .just now there was .1 ipportunitv of relieving the mtolerab 0 ;itnation which had existed during ,he . lost twelve vears. Before the J ear j L 903, when the "No Temere decree cas introduced, the Roman Catholic Church did not-challenge the marriage iv a Protestant m,mister of a Kfmian j [Jatholi-> and a Protestant. It sa id '■ vns deplorable, but nothing < \ se - Ihen i ,he "Ne Temere Decree" suddenly came n and altered the situation. W'hen the | ilecree was whispered over Europe, tho : Kaiser said it would never operate in Germany, and the Roman Catholic:* thereupon issued a specinl decree excluding from the "Ne T r mere'' work- ■, ngs Germany and also Hungary. The loman Catholic. Church was prepared ,o modify certain statements in its , Catechism, and also to recognise as ■ rnlid civil marriages, but tihe decree it- j ;clf was intolerable. He hoped that; ;here would bo proper safeguards as to j ;ho language of the clause, and that* ibere would be full security to all af'ected by its operation. Tne real way ,0 settle the matter, Mr North con- j :luded, would be for the Government to ] a,y, as the Kaiser (had done, "Take this j lanblojiencfj" |

The Rev. J. K. Archer said that he had not much sympathy with these "victimised Protestants." They evidently had in their midst many Protestants of the "flabby" type. They, should count the cost before they mar- I ried, and not cry out afterwards. Regarding the "Ne Temerc decree," if it meant all that tho previous speakers had said of it, all must be against it, ■ but ho thought it should bo cleared up , without "all this miserable sectarian-I ism ' being brought in. Personally, ! ho had been impressed with what mmiy | of the Roman Catholic Bishops had to say about the matter. Many people wanted to say that the Roman Catholics were not sincere in anything they were about, while the Protestants were sincare in all thov were about. He did I not pee how any law in the world was going to force a Church to give its ecclesiastical approval to any marriage. Mr North: The clause doesn't say that.

Mr Archer: Well, if that is made plain, t'ne whole thing is cleared up. The Rev. W. Ready said that tho Legislative Council, he was sure, had as its motive "fair play to all, "favour to none." All they wanted was a clause giving a Church liberty to express it? own views inside the Church, and at the samo time uphold the State. He hoped and prayed that the religious controversy would be killed.

The chairman (Rev. Dr. Erwin) said that the only thing tlmt would him that the Roman Catholics were sincere iii their stntement that they would recognise the validity of civil marriages would he the "heaving out of the decree." Personally, he was rot at all satisfied with the provisions of the Bill, particularly the wording of it. The best way to deal tvith the matter would ho to make it an offence against the law to re-marry parties who were already validly married, or to apply to the registrar for a certificate to remarry such people. Tne whole of Mr Rvburn's motion was. not considered necessary, and on the motion of the chairman, it was decided : —"That this Council expresses pleasure at the determination of the Legislative Council to introduce legislation that will prevent abuses occasioned by the operation of the Ne Temere decree -in regard to mixed marriages." An amendment by Mr Archer, that lhe matter bo referred hack tx> the executive to prepare a new motion, to be submitted at thff Council's next meeting, was not seconded. WELLINGTON PRESBYTERY'S RESOLUTION.

ASSOCIATION TELEGRAM.)

WELLINGTON, September 20. The Presbytery or Wellington' tonight passed the following resolution: —"Tha+ the Presbytery, having carefully considered the Marriage Bill now before Parliament, and being «\dvisod that the clauses introduced in the Legislative Council are doubtful in effect, urges Parliament to preserve the right of everv Church to hold and declare its religious doctrines, and at the snnie time adequately protect the rights of all persons who conform to the law of the land in respect to marriage."