PROPOSED MARRIAGE LAW

Manawatu Herald, Volume XLII, Issue 2176, 14 September 1920, Page 2

PROPOSED MARRIAGE LAW

WILL BE BROKEN IF NOT AMENDED. ARCHBISHOP O’SHEA’S THREAT A somewhat remarkable speech was made in Wellington on Sunday night by His (trace Archbishop O’Shea, on the effect of the enforcement of the clause of the proposed Marriage Amendment Bill. The clause is designed to meet the allegation that the Catholic Church does not recognise marriages contracted in any other way except according to the canons of the Church. Archbishop O'Shea explained (hat a joint opinion on tint new clause had been obtained from Sir John Findlay, K.C., and Mr M, Myers. It Avas assumed by the lavo eminent lawyers “that the doctrine and teaching of the Catholic Church with respect to marriage Avas that marriage is ;i sacrament, and that Avithout that sacrament, although there is a valid civil contract of marriage, such a marriage, while in all respects lawful, is not spiritually complete, but remains a mere civil contract, uninvested with spiritual attributes and no (rue marriage fit fill in the sight of Ood.” In giving ;iti opinion as jo whether a statemen! of this doctrine or teaching renders the person making such statement liable, counsel advise that a request be at once made to the Government to have certain words omitted find deleted. They conclude by stating that they feel that so great and important provision as that contained in the amendment should have its interpretation placed beyond fill reasonable doubt, and such a request as they suggested would constrain the Government to make the purpose find intention of the amendment clear and entirely unequivocal. Archbishop O'Shea, who Ims been in communication with the Prime Minister on the subject, expressed the opinion that the sacrament of matrimony should not be penalised. If the clause became law, said His Grace, find it has the meaning put upon it by the learned counsel consulted, then he would take (he first opportunity ol deliberately breaking it, would encourage his priests and people to disobey it on every possible occasion, and as he intended to pay no linos, they would have to imprison him. The Prime Minister, said His Grace, is having the joint opinion referred to (he Grown Law Office prior to the Bill 'being dealt with by the House, and concluded a remarkable speech by saying that he did not intend to leave the Government or Parliament under any misapprehension as to what the altitude of Catholics would be in regard to a Jaw that attacked their religious doctrines. “We will resist find defy such a I;iav il it is passed,” he said, "by ('very means in our poAver, find God helping, we will never-allow il to prevail over us.”

HOW THE CLAUSE WOULD 11 KAO. If the amendments suggested by Sii’ John Findlay and Mr Myers were given effect to, the (danse of. the new Dill would read as follows, the amendments being shown in capitals: — Every person commits an offence against this Act, etc., who (a) Alleges expressly or by implication (hut any persons lawfully . married are not truly and lawfully married ACCORDING TO LAW, or (I)) Alleges expressly or by implication that the issue of any lawful marriage is illegitimate or born out of LEGAL wedlock, in paragraph (b) the word “legal” is proposed in place of “true,” making it “legal wedlock” instead of “true wedlock.” BISHOP BRODIE’S COMMENTS. Christchurch, Sept. 13. In making a statement at St. Mary’s Church yesterday on the projected amendment to the marriage legislation of New Zealand, Bishop Brodie said:—ln the event of this proposed legislation coming into effect, there is only one course open. 'We will not swerve one hair’s breadth from the doctrine or discipline of our Holy Church,'but as soon as possible, should this amendment become law, I will publish and cause to be published in every Catholic Church of the diocese the teachings of the Church regarding the sacrament of matrimony, and in my administration will see that teaching strictly adhered to. If prosecution follows I will defend myself, even appealing to the highest tribunal of the Empire. If judgment goes against me, 1 must only, with the help of God, try to bear the punishment of imprisonment, being glad to suffer something forjustico sake, but I am grieved to think that our fair Dominion of New Zealand is the only part of the vast Empire, or even of the known world, where such legislation lias been introduced. In this anxious crisis, I appeal to my people for their prayers that their Bishop and priests will be faithful to their sacred trust, and that our legislators will approach the consideration of this momentous question in the spirit of justice and true statesmanship. STATEMENT BY BISHOP CLEARY. Auckland, Septemb. 13. Bishop Cleary, in an interview, said that a statement he intends to publish shortly relates to the application of the Marriage Laws Amendment Bill if it passes in its present form, to the doctrines of the Anglican, Presbyterian, Methodist

and other Churches in their official formulas or laws and in declare (;*ps hy their divines. Bishop ('lcarAjpßW' marked that the views ..cm the legal position hy counsel in Wellington were confirmed by the opinion of eminent counsel in Auckland, whom he had consulted.

“According to the opinions thl|S expressed,” he said, “one curioipT and probably unexpected result of this proposed legislation would be the placing - of a ban upon the Bible .and its distribution in this Dominion, inasmuch as a considerable series of extracts contained in the sacred volume would both, directly and by implication, come under the penalties, with fine and imprisonment, set forth in sub-clause (1) and ( - 2) of the Bill. Bor the same reason the use of the ((notations in. question by preachers or others in course of religious services would render them liable to similar pains and penalties.” Bishop Cleary said he was in entire agreement with the statements made by Archbishop O’Shea and Bishop Brodie in regard to (lie impossibility' of the Roman Catholic Church accepting the Marriage Laws Amendment Bill.