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Newspaper)
Perth, Thursday, July 16, 1959
604 HAY ST. The Town Hall is opposite
Bishops Review Marriage, Divorce Teaching: Duties Of Legal Men Issued by the members of the Australian Catholic Hierarchy, the following statement sets out incisively the teaching of the Catholic Church on marriage and divorce. It sets forth clearly the duties of Catholic jurists in the administration of laws on these matters. Dearly beloved Brethren in Christ, always nourishing and preserving a loyal and It will be understood that even in a case where In these days when the Commonwealth Parliament thoroughly sincere devotion to God. We commend adultery has been committed the injured party will is considering legislation on divorce, it is necessary also and encourage Pre -Cana and Cana Conferences often be moved by charity to resume married life with that we, the Catholic Bishops of Australia, should re- for engaged and married couples; Engagement cere- the penitent guilty party even though not bound by state and emphasise Catholic teaching on Marriage, monies; Christian Family Movements; and in special any promise to do so. and explain the moral position affecting civil divorce cases, Catholic Marriage Guidance and Conciliation When the bond of marriage is valid, the above courts in our country. Councils. mentioned permission of the Bishop is normally given Marriage was instituted by God, not by man. The It remains for us to explain and clarify the moral only for a judicial separation for which there is a laws that strengthen, confirm and elevate Marriage position regarding the relation of Catholics in general. serious and grave cause. To allow petition for divorce come from God, the Author of nature, and from Christ and Catholic judges and Catholic lawyers in particular in granting a divorce it is not his intenton to exempt our Lord by Whom nature was redeemed. They can- to civil divorce courts in ordinary cause would be required. Australia. not, therefore, be subject to human decrees or changes. B. Moral position of a Catholic Judge. Permission Of Bishop Needed This is the doctrine of Holy Scripture and the constant * A Catholic judge may grant a divorce to a couple A. Moral position for Catholics in general. tradition of the Universal Church. Catholics who have contracted a valid sacramental not validly married. He may also grant a divorce when Christ our Lord raised Marriage to the dignity of a he is morally certain that neither of the parties will Sacrament. Therefore marriages between baptised marriage before God and the Church and whose marattempt re -marriage, but seeks the divorce only for persons are governed by the law of God, and, except- riage has been consummated, may never petition for the sake of certain civil effects. ing civil effects, cannot rightly be regulated and ad- a divorce with the intention of re -marrying or of en- * What is his position when the marriage is appaministered by the will of civil rulers contrary to the abling the other party to re -marry. rently valid and indissoluble and there is good reasoh laws of the Church, which alone has the office of It would be gravely wrong for Catholics without to believe that in the event of a divorce one or both teaching in sacred matters. No human authority can the express permission of the Bishop to approach a of the parties will attempt a new marriage? dissolve the bond of valid Christian marriage when- civil court to procure a divorce or judicial separation Catholic moralists generally consider, and with good ever this has been consummated. Even when the whatevery the cause. reason, that the act of the judge in pronouncing a parties are not baptised, marriage legitimately conTo obtain such episcopal permission it is necessary divorce is merely an official declaration that the State tracted is a sacred thing in the natural order, and that: (a) A sworn promise be made not to re -marry in regards the civil effects of the marriage as no longer civil courts have no power to dissolve it. the lifetime of the other party, unless the present mar- existing. The Catholic judge knows that the marriage Threat To Stability Of Society riage should first be dissolved or declared null by itself cannot be dissolved by the State, and therefore In our day civil Governments in many countries, ecclesiastical authority; (b) A promise be made to in granting a divorce i is not his intention to exempt including Australia, think and act as if it were other- resume normal married life, unless there be adultery, the parties from anything more than the legal recog. wise. They have passed legislation and have set up if the guilty party shows signs of genuine sorrow. aition of the effects of their marriage. (Ctd. Page 131_ courts, not merely to deal with the purely civil effects of marriage which is within their competence Kelly, Miss Roma Mitchell, but also to sunder the bond of valid marriage, grant Mr. and Mrs. M. P. O'Caldivorce and permit re -marriage. With the passing of laghan, Mr. J. H. Dixon (V.R.D.), Mr. and Mrs. A. I. years facilities for divorce have increased, until in our Imlach, Mr. and Mrs. K. Anday the number of divorces has become so great as to derson, Mr. B. J. P. Bergin, threaten the moral stability of civil society. Mr. and Mrs. R. A. Fazio. Opposed to this stands the unalterable law of God, Mr. and Mrs. J. P. Ogge, fully confirmed by Christ, a law that can never be Miss A. M. Roche, Mr. and deprived of its force by the decrees of men, the ideas Mrs. H. A. Wimpole, Miss of a people, or the will of any legislator: "What thereM. J. Winter, Miss E. G. fore God has joined together, let no man put asunder." Lenihan, M.B.E. In the occasional sermon, (Matt. XIX, 6) And if any man acting contrary to this the Rev. C. A. Cahill, law, attempts to sunder the bond of valid marriage, C.Ss.R., said that the Law his action is null and void, with the consequence so Convention, then in sesclearly expressed by Christ: "Everyone who puts sion, was graced by disaway his wife and marries another, commits adultery; tinguished member of the and he who marries a woman who has been put away Bar from all parts of Ausfrom her husband commits adultery." (Luke XVI, tralia and from many coun18.) Moreover, these words refer to every kind of tries outside it. Important matters conmarriage, even that which, because the parties are cerning the law would be not baptised, is valid without being sacramental. the subject of many papers Faced with the circumstances that exist in our read by distinguished lawcountry, we exhort you to stand for the law of God yers and judges. and the sanctity of marriage. Wherefore Catholics The Catholics of the Law One hundred and fifty members of the legal profession attend- Society must uphold firmly these three fundamental points: of W.A. had arrang** They cannot contract a true valid marriage except ed the Solemn Votive Mass of the Holy Spirit offered at St. Mary's ed that the blessings of according to the form prescribed by the Church. Cathedral yesterday morning to mark the inauguration of the 11th God should be invoked on * Marriage validly contracted between baptised annual Convention of the Law Council of Australia and the first those discussions. That morning they were persons is a Sacrament. to be held in Perth. His Grace the Archbishop presided. taking part in a Red Mass, God's Grace Is Sufficient The Archbishop was as- under the baton of the Rev. Justice McClemans, The which was only another This valid marriage between baptised persons, once sisted at the throne by the P. McCudden. Hon. Sir Henry Manning, name for a Mass said in consummated, cannot for any cause be dissolved by Rt. Rev. Monsignori J. T. The Cathedral was filled K.B.E., Q.C., Mr. A. J. Han - honour of the Holy Spirit, McMahon and E. Sullivan. to capacity, with a gener- nan, Q.C. and Mrs. Hannan, that the Wisdom of the Most any power on earth, but only by death. To avoid or overcome difficulties in married life it The assistant priest was the ous representation of school Mr. J. L. Travers, Q.C. and High might be poured out Rev. J. O'Brien. children. Mrs. Travers, Mr. J. X. on all the proceedings of the is necessary to use the special help that God has given. After Mass the delegates O'Driscoll, O.B.E., Q.C. and Law Convention. Celebrant of the Mass Knowing the frailty of human nature, Christ our Lord were entertained at morn- Mrs. O'Driscoll, Mr. D. S. Thus honour was given in His love for us raised marriage to the dignity of a was the Rev. P. Quinn, with ing tea by members of the Hogarth, Q.C., Mr. Barry, to God and the faith of the Rev. P. O'Mara as deathe Sacrament. If the parties make proper use of the con and the Rev. W. Foley Catholic Women's League at Q.C., Mr. J. P. Durack, Catholic members of the Grace received in the Sacrament of Marriage, this as sub -deacon. The Rev. F. the Catholic Centre. Q.C., G. J. Boylson, Q.C. and Law Convention was maniGrace is sufficient to conquer the difficulties of mar- Walsh, M.C. Among the delegates at Mrs. Boylson. fested. Fr. Cahill congratthe Mass were: Mr. H. F. Henville, Mr. L. ulated them. ried life and to raise up holy families. That the Grace The Most Rev. J. Jobst, The Chief Justice of R. Hurley, Mr. and Mrs. F. In the world of today, he of marriage may be effectively used, we exhort fami- S.C.A., was present in the W.A. (Sir Albert Wolff) L. Kelly, Mr. and Mrs. V. said, which was material lies to live their Faith and practise their religion. We sanctuary. and Lady Wolff, Justice, M. Pike, Mr. Raymund and earthly -minded, such to urge them to seek Divine assistance by family prayer Polyphonic music was Mrs. and Miss Dunphy, Jus- Smith, M.L.A. and Mrs. action spoke volumes for. especially the Rosary, by Mass and the Sacraments, sung by the Cathedral Continued on Page 16 choir tice and Mrs. A. J. De Baun, Smith, Mr. and Mrs. J. E.
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Notable Gathering At Law Convention Mass