THE "NE TEMERE" DECREE.

Dominion, Volume 5, Issue 1273, 31 October 1911, Page 5

THE "NE TEMERE" DECREE.

MANIFESTO. Of tho Non-Koman Catholic portions of the Christian Church in the Stato of New South Wales in reference to the Papal Decree known as tho "Ne Temero" Decree regarding Marriages. On behalf of thoso portions of tho Christian Church in this Stato which do not acknowledge tho claims of tho liomnn obedience, and in tho interests of domestic peace and social welfare, wo ieel it necessary to express an omphalic protest against lho promulgation in this Slate of tho Papal "No Temero" decrco regarding marriages. This decrco of tho lioman Catholic Church, recently promulgated in this State by the authority of tho Pope, assumes the right to declare as 11011-vaiid marriages between Koinan Catholic and non-Roman Catholic subjects of the State, which have been celebrated according to tho law of the State, and against which' no Divine law is or can be alleged, and to do this 011 tho solo ground that a lioman Catholic priest has not been present at or ollieiatcd at the imtrriago ceremony. The decree does not base itself on tho Divine law,' natural or revealed, but on what is 110 more than a matter of ecclesiastical regulation; yet on these grounds it declares certain subjects of this Stato as ineapablo of contracting a valid marriage without the presence of a Roman Catholic priest. It thus exalts an ccclosiaslical regulation into the place of tho moral law of God. It declares that marriages which even tho lioman Catholic Church itself hitherto allowed to be valid and moral are now neither ono nor tho other, and aro 110 longer binding upon tho conscience of the contracting parties. This interference with moral law and its necessary obligation cannot but work disaster to tlio consciences of tho parties concerned, wlnlo it will also lend to the repudiation of tha rights and obligations of matrimony. The decree is thus inimical to domestia peace and the moral welfare of the commtinilv, while casting a grave imputation upon many citizens of the Stalei who have been married in accordance with lho law of the land, nnd against whose marriage 110 Divine law can be alleged, lhis imputation necessarily involves also 1110 children born of such marriage. Further, considering that it is the duty of (he Church to uphold (he legitimate au I ho'i I v of the State, we protest against tin's dotM'co a? an umvavrnntoblc intrusion info the sphere of the Slate in that it as- ! Mimes authority to declare In the citizens of a Slate, what evidence is necessary to a lawful contract of marriage 111 that Stale While, it is true that (he Stale, on its part, cannot make that valid which the Divine moral law declares to be not liwrallv permissible, yet it is the right of the State to Jix the kind of evidence requisite for a lawful contract of marriage. This decree substitutes its own ecclesiastic.al regulations for the law of (lie land in a matter which falls within tho function of the State, by declaring a marriage nnll and void through the absence of n particular person (a lioman Catholic priest), whose prosenco is not required by tho liny of (he land. On these grounds, namely, interforenco with moral obligations and with the legitimate functions of (lie State, we protest against the promulgation in this State of such a decree by the authorities of tlio Church of Home. (Signed) JOHN CHARLES 'SYDNEY, Metropolitan of Ihe Province ot New South Wales. ROBERT KAY, Moderator of the Presbyterian Church of Australia in lho State of New South Wales. WM. E. IIIIOMII.OW, President of the Methodist Confer, once of New South \\ ales. A. It. AUSTIN, Chairman of the Congregational Union of New &>ulli Wales. JAiIUS KAIiKEIi, President of the Baptist Unio,o ot New South Wales.