State and Church by Editor

Review and Herald Publishing Association · Takoma Park, Washington, D. C. · Aug 22, 1912

State and Church

By Editor

Reports, Notes, and Comments Pertaining to the Current History of Religious Freedom, and the Campaign "to Make America Catholic."

Conducted by the Religious Liberty Association.

W. W. Prescott - - - - - Secretary

The Ne Temere Decree

WHEN the decree Ne temere, which means, "Let no one dare," was published, we were surprised that so little notice was taken of it in America. Vigorous protests came from other lands. The Wesleyan conference said, in substance: The decree declares null and void marriages contracted between Roman Catholics and persons who are not members of that church, even when such marriages are perfectly valid according to civil law. The decree degrades those who contract these marriages to the level of persons living in open sin, and in consequence affixes the brand of illegitimacy upon their children. The decree incites unworthy persons to repudiate their most sacred obligations, and exposes their wives and children to cruel desertion and destitution. Hence the decree constitutes a serious danger to the public welfare. It asserts that a marriage which the state accepts as valid is nothing simply because it is not in harmony with its ecclesiastical regulations. Of course, this decree can not liberate Roman Catholics from the obligations of legal marriages as established by the state, but we must be blind if we do not see some of its nefarious consequences.

It has already inflicted untold misery on hundreds of families, and divided them. In Canada and Ireland there have been some terrible cases of persecution, and several family tragedies. The decree is in direct conflict with the Scriptural obligations of the marriage vow, and with the God-given rights and honor of parents and children in family life. Its manifest object is not simply to prevent mixed marriages, but to make sure that in the future such marriages shall be performed by priests only; not to promote purity, peace, and spiritual life in the home, but to increase the power, prestige, and influence of Rome through her priesthood.

The proof of all this comes in the most recent papal decree, Motu proprio, issued Oct. 9, 1911, and published in the official "Acta Sedis Apostolicae":—

"Since in these evil times, when so little heed is paid to ecclesiastical immunity that not only the clerics and priests, but bishops, and even their eminences the cardinals of the Holy Roman Church, are brought before the judgment of laymen, the situation absolutely demands of us that by the severity of the punishment we restrain within due bounds those whom the seriousness of the offense does not deter from this sacrilegious crime. Therefore, by this our Motu proprio, we enact and ordain that all private persons, whether of the laity or of the sacred orders, male or female, who without permission of the proper ecclesiastical authority cite before lay tribunals any ecclesiastical person whatsoever, either in criminal or civil cases, and shall publicly compel them to be present in court, shall incur excommunication reserved in a special manner to the Roman pontiff. And what is ordained in these letters we will to be valid and good in law, all things whatsoever to the contrary notwithstanding."

This is an ancient decree going back into the dim past when Thomas a Becket refused to yield to King Henry II.

Is it not intolerable that the Church of Rome, which enjoys equal rights with all other churches, should abuse this freedom by asserting and enforcing an immunity for its clergy which has never had the sanction of civil law? Such an assertion of authority on the part of Rome can only have disastrous effects on the legislative, executive, and judicial functions of civil government. It is impossible to overestimate the pernicious and far-reaching results of such a decree. For Roman Catholics the dread of excommunication is all-powerful; it is to them the most awful fate that can befall a human being. The victim is boycotted, shunned by his fellows, denied church burial, and can only look forward to a hopeless eternity of unmitigated horrors. What does this decree mean? — It means reassertion of dominion by a foreign ecclesiastical authority which clamors for toleration, but intrigues constantly for supremacy.

But some one says, "It does not affect us Protestants." What a mistake! It affects the society in which we all must live. Take, for instance, bequests. We have heard, have we not, of priests using undue influence in the making of a will, and depriving the legal heirs of their rights and leaving them absolutely poor? No private person nor judge must dare to cite Mr. Priest to court without incurring ipso facto excommunication. If a priest contracts debts, defrauds, commits an assault, or becomes drunk and disorderly, no Catholic policeman nor judge must dare to bring him to a civil court. Nor can any ecclesiastic be taken to court as a witness except by special permission from Rome. It includes, also, our legislatures and national Congress. All measures must first have the approval of ecclesiastical authority before Roman Catholics can vote for them. This transfers our civil government to Rome.

But, some one says, "This decree does not refer to the United States." Why not? It refers to every country where it can be enforced. Germany and some other countries took immediate action, and as a result they were declared to be exempt. Every inch of these United States is covered to-day by these arrogant and insolent decrees. Then, whether they shall apply to this or any other country rests wholly with the Pope. He is the authority.

—Extract from an address by Bishop Burt (Methodist) before the Boston Methodist Social Union at its meeting in March, 1912.