Case XCV: A Case of the Decree “Ne Temere”

Case.—Henry, baptized a Catholic but brought up as a Presbyterian, wishes to marry Caja, a Catholic girl, and is willing to conform to the conditions imposed by the Church. The pastor of Caja commissions his assistant to perform the ceremony without dispensation, as Henry according to the decree “Ne temere” may be regarded as a Catholic, and therefore requires no dispensation. The assistant, however, does not agree with this view and refuses to perform the ceremony.

Question.—Which is right, the pastor or the assistant?

Solution:

1. The decree “Ne temere” deals with the ecclesiastical form required for the validity of the marriage, not with the ordinary impediments. Whether, therefore, apart from the essential form of the marriage, there exists an impediment to the marriage between Henry and Caja, is to be decided not according to the decree “Ne temere,” but according to the other ecclesiastical marriage laws that have remained in force.

2. The marriage between Henry and Caja comes under the Catholic Marriage form, not merely because Caja is a Catholic, but also because Henry, although de facto a non-Catholic, was baptized in the Church and is therefore numbered with those subject to the decisions of the decree “Ne temere.”

3. Therefore the marriage of Henry and Caja is to be regarded as a mixed marriage, forbidden by the Church, and for its lawful contracting there is required, besides an important reason on the part of Caja, also a dispensation. Despite his Catholic baptism Henry has been brought up entirely as a Presbyterian, and doubtless is numbered amongst the members of that denomination: this suffices to render the projected union a mixed marriage which is forbidden to a Catholic.

4. Caja’s pastor, therefore, before performing this marriage must, with a statement of the reasons which make this union advisable, apply for dispensation and secure the required guarantee for the fulfilment of the prescribed conditions. The assistant was correct in refusing to undertake the ceremony under the circumstances.