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Brief Explanation of the Decree Ne Temere

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Brief Explanation of the Decree Ne Temere Br ief E xpl a n ati on of the Dec ree “ ” Ne T em e re : E mbod y i n g a ll the Dec i si on s o f the S ac red Co n i on s u to D c mb r 1 1 gregat p e e e , 9 2 FR STANISLAUS WOYW D F M O O . , . THE DO LP HIN P R E SS P H I LA D E LP H I A “ P R A E S E NTI U M vir tute pe r m i tt i m us ut tr acta tu s A Brief E xplana ti o n " ’ o f D r Ne T m r s w r n s N s r P . S n o Wo od O o the ec ee e e e , e tc . a ta i la y , di i t i alum n o ac l ec to r e ge n e r ali n ec n o n actual i ju r i s ca n o n ici co n scri ptu s et r i te r vi s i r e us et ro b atus ser va ti s al i s ur ser va n di s ur s fi e i o ssi t . p , de j e publici j i p D m i n n ve n u P ter n n si B n n ur am D S r Co t a so e S . o ave t oet . atu ad , e aph i 2 die 1 2 D ecem b r a n no 1 9 1 . F R A n nu ! D F M s ws O . EN NE Y , m P R V . u . O P R O V . S S . No w m s s u . + E D M UND US F . P R E ND E R GAS T l l h i n i h i ad e . A rc h ep . P p e ‘ Co n n xc n r . 1 91 3 (the D OWN“ p ress ONT E NT C S . P A CT. ADV ANTAcz AND E X TEN T or TH E New M AR R XAGE LAws T n : E NGAcxu zNT CON TRACT M TANTNO or Tn z WORD P A STOR TN T R ! Na T zu m z CONmTTONs P OR V Au o ASSISTA NCE or P ASTOR or Bxs n or CONDm ONs FOR 14c Assra cx or P ASTOR on Brs n op Deu cATTON or P ru ssr To Ass m AT M ARRI AGE M AR R IAG! or P ERSON S IN D A c R 01" Dan a M AN A GE I N D ISTR ICTS wu zas P R IEST CA N NOT a: H AD R xcom c or M ARRIA GES “ ” P zNALs s FOR V TOLATTON Ns Tzu m or . ” P ERSON S To wn ou T m : N E Tzu m A P P LI ES “ P R OM ULQATION OF T H I NB T2 H R R E S uoczsm F orm s 01? E NGAcm e T CONTRACT I NOD : N Tem Brief Explanation of the Decree e ere. Advan tage and E xtent of the Decree. l . The chi ef advantage of the decree on the engagement r r r 1 A r 1 0 8 an d ma iage contracts which came i nto fo ce 9 p il , 9 , a r ises from the fact that it is a uni fo r m law for the Cathol ics o f the Lati n R ite practically in all pa rts of the wo r ld . The dec ree of the Council of Trent i n the famous chapter " Ta m ets i , wh ich was meant to be of universal application , failed o f its pu rpose f o r lack of the n ecessary legal p romulga l l tion . H ence a those vexed questions about the pl aces where r - T r i and whe e not the decree was binding , in wh ich the post r dentine pe iod abounds . 2 o r r r r r 1 . Questi ns elating to ma iages cont acted p ior to 9 A r 1 0 8 r r r p il , 9 , will have to be decided acco ding to the fo me l aws on the fo r m of the ma r r iage contract in diff erent coun F o r r r u r r r t ries . these we efe o eade s to th e many h a ndbooks s of Mo ral Theology . Th e following pages pres ent a conci e o f and yet complete explanation th e new law , together wi th the s eve ral offi cial decla rations that have been i s sued by the r H oly See since the appea ance of th e decree . fi o r 3 The decree is di vided i nto fteen numbers a rticl es , most of which contain several sections . We will take them up a fi one fter the oth er i n the order of th e decree , giving rst a co r rect tran slation of the a r ticle and th en a brief commentary i n which the declarations of the Holy See pertaining to the r a ticle Will be explain ed . Article I . T H E E N GAGE M E N T CO N TR ACT . 4. I . Only those engagements a r e conside r ed vali d and producti ve of canonical eff ects that have been cont racted i n i o r writi ng and signed by the pa rt es and the pasto r , the bishop o r two . o f th e diocese . at least witn esses 6 B R I EF EXP LANA TI ON OF I n case one of the pa rti es o r both do not know how to r w ite, this fact shall be noted i n the document i tself and an r additional witness shall be had who , together with the pasto , o r r n r o r two n s d oc the O di a y , th e wit e ses , shall sign the / ” n y me t . N R COM ME TA Y A N D P OSIT IVE DEC ISIO N S . r f o r n n n r a r e as 5 . The equisites a valid e gageme t co t act follows : ’ r r u ffi (a ) . I t must be made i n w iting and in wo ds which s i n l r r r r No c e t y exp ess the mutual p omise of futu e ma riage . ’ particula r fo rm of wo r ds has been p r esc r ibed . r c r n r (b ) . I t must have the signatu e of both ont acti g pa ties , r r a d and i f only one o r neithe of them knows how to w ite, an d i ti on al witness besi des those r equi red i n o r dina ry cases must sign the documen t and a note must be made i n the inst ru men t r No explaining the inabili ty of the pa ty or parties to w r ite . fixed fo rm of wo r ds to expl ain this i n ability to write has been p r esc r ibed ; hen ce a n y wo r ds that exp r ess the lack of k n owl edge of w r iting on the pa r t of the pa rty o r parties will answe r r th e pu pose . n a r fi (c) . I t must have the sig tu e of either an of cial witness , r o r o r r . vi z . pasto bishop , of two p ivate witnesses I t has 2 been d eci ded that any bishop o r any pasto r may licitly and validly act as official witness of the engagement cont ract Al l though he is not the O rdina ry o r pastor of the parti es . that is necessa ry is that the bishop or pastor act as official r witness within the l imits of his r esp ective ter r ito y . r o o r (d ) . The pa ti es an d the witnesses (bishop , past r, two p r i vate individuals ) must sign the engagement cont ract in 8 r e e r r . p s nce of each othe , as has been exp essly decided fi r n r (e) . The certi cate must bea the day , mo th , and yea of ‘ th e engagement in o r de r to be valid . 1 F or va ri ou s fo r m s of the en gagemen t con t r act see Appen dix. 2 d . 1 . 2 8 . S e i r S . C . n . 0 r 1 0 8 V I I . A d a S Co c , 3 Ma ch , 9 , ad dub , Vol 4 , p 7 ; . s na . 6 . ECCL w , Vol 39 , p 7 3 0 8 i .
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