Ne Temere
Encyclopedia
Ne Temere was a decree
(named for its opening words) of the Roman Catholic Congregation of the Council regulating the canon law of the Church about marriage
for practising Roman Catholics.
The notable effect of the decree was the requirement for a non-Catholic spouse to agree to educate and raise his/her children as Roman Catholics. In some cases it was also expected for that spouse to convert to Catholicism before the marriage, to ensure compliance.
requirements of the decree Tametsi
of the Counter-Reformation Council of Trent
, it reiterated the requirements that the marriage be witnessed by a priest and two other witnesses (adding that this requirement had now universal), added requirements that the priest (or bishop) being witness to the marriage must be the pastor of the parish (or the bishop of the diocese), or be the delegate of one of those, the marriage being invalid otherwise, and the marriage of a couple, neither one resident in the parish (or diocese), while valid, was illicit. It also required that marriages be registered and provided some instances in which the priest was not required.
It explicitly laid out that non-Catholics, including baptized ones, were not bound by Catholic canon law for marriage, and therefore could contract valid and binding marriages without compliance.
Pius X, 10 August 1907, and took effect on Easter 19 April 1908. This decree was voided for marriages in Germany
by the subsequent decree Provida.
The result made official civil marriages difficult for lapsed Catholics in some Church-dominated nations. It also meant that, because a priest could refuse to perform mixed marriages between Roman Catholics and non-Roman Catholics, he could impose conditions such as an obligation for any children to be baptised and brought up as Catholics, and for the non-Catholic partners to submit to religious education with the aim of converting them to Catholicism.
On the success of a divorce
action brought by a non-Catholic spouse, the Catholic spouse was still considered married in the eyes of the Church, and could not remarry to a third party in church.
The issue of the Roman Catholic Church's Canon law
declaring marriages invalid, which were however recognised as valid by the State, raised major political and judicial issues in Canada
, especially Quebec
, and in Australia
. In New South Wales
, the legislature came within one vote of making a criminal offence the promulgation of the decree.
The use of the decree to extract commitments in mixed marriages led to state-sanctioned enforcements in the Republic of Ireland
courts, such as the Tilson v. Tilson judgement, where Judge Gavan Duffy
, then President of the High Court, said:
A similar dispute led to the Fethard-on-Sea
incident. The New Ulster Movement publication "Two Irelands or one?" in 1972 contained the following recommendation regarding any future United Ireland:
BBC Radio Ulster examined the decree and its impact on a single Belfast family, with a mixed Presbyterian and Catholic marriage performed in a Presbyterian church, in its 2010 documentary "Mixing Marriages"
. Section 15 revoked an automatic "Latae sententiae
" excommunication
for certain offences, but they remained offences.
Papal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
(named for its opening words) of the Roman Catholic Congregation of the Council regulating the canon law of the Church about marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
for practising Roman Catholics.
The notable effect of the decree was the requirement for a non-Catholic spouse to agree to educate and raise his/her children as Roman Catholics. In some cases it was also expected for that spouse to convert to Catholicism before the marriage, to ensure compliance.
Differences from Tametsi
To the clandestinityClandestinity (in Canon Law)
Clandestinity is a diriment impediment in the canon law of the Roman Catholic Church. It requires the presence of witnesses to the marriage vows, one of which must be a priest or a deacon, in order for the marriage to be valid....
requirements of the decree Tametsi
Tametsi
Tametsi is the legislation of the Catholic Church which was in force until Easter 1908 concerning clandestine marriage. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of the document that contained it, Chapter 1, Session 24 of the Council of Trent.This...
of the Counter-Reformation Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
, it reiterated the requirements that the marriage be witnessed by a priest and two other witnesses (adding that this requirement had now universal), added requirements that the priest (or bishop) being witness to the marriage must be the pastor of the parish (or the bishop of the diocese), or be the delegate of one of those, the marriage being invalid otherwise, and the marriage of a couple, neither one resident in the parish (or diocese), while valid, was illicit. It also required that marriages be registered and provided some instances in which the priest was not required.
It explicitly laid out that non-Catholics, including baptized ones, were not bound by Catholic canon law for marriage, and therefore could contract valid and binding marriages without compliance.
Ne Temere, 1908
The decree was issued under PopePope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
Pius X, 10 August 1907, and took effect on Easter 19 April 1908. This decree was voided for marriages in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
by the subsequent decree Provida.
The result made official civil marriages difficult for lapsed Catholics in some Church-dominated nations. It also meant that, because a priest could refuse to perform mixed marriages between Roman Catholics and non-Roman Catholics, he could impose conditions such as an obligation for any children to be baptised and brought up as Catholics, and for the non-Catholic partners to submit to religious education with the aim of converting them to Catholicism.
On the success of a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
action brought by a non-Catholic spouse, the Catholic spouse was still considered married in the eyes of the Church, and could not remarry to a third party in church.
Conflicts of laws
Before and after 1907 legal reforms across Europe were slowly creating new personal freedoms. Ne Temere was widely criticised by non-Catholics for restricting choice in family matters.The issue of the Roman Catholic Church's Canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
declaring marriages invalid, which were however recognised as valid by the State, raised major political and judicial issues in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, especially Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, and in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. In New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, the legislature came within one vote of making a criminal offence the promulgation of the decree.
The use of the decree to extract commitments in mixed marriages led to state-sanctioned enforcements in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
courts, such as the Tilson v. Tilson judgement, where Judge Gavan Duffy
George Gavan Duffy
-Family:George Gavan Duffy was born in Rock Ferry, Cheshire, England in 1882, the son of Sir Charles Gavan Duffy and his third wife, Louise. His half-brother Sir Frank Gavan Duffy was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to...
, then President of the High Court, said:
- "In my opinion, an order of the court designed to secure the fulfilment of an agreement peremptorily required before a mixed marriage by the Church, whose special position in Ireland is officially recognised as the guardian of the faith of the Catholic spouse, cannot be withheld on any ground of public policy by the very State which pays homage to that Church."
A similar dispute led to the Fethard-on-Sea
Fethard-on-Sea
Fethard-on-Sea , or Fethard, is a village inn south-western County Wexford, Ireland on the eastern side of the Hook peninsula. It is in the parish of Templetown in the Roman Catholic Diocese of Ferns. Neighbouring parishes are Duncannon, Ramsgrange and Ballycullane.- History :Now known as a fishing...
incident. The New Ulster Movement publication "Two Irelands or one?" in 1972 contained the following recommendation regarding any future United Ireland:
- "The removal of the protection of the courts, granted since the Tilson judgement of 1950, to the Ne temere decree of the Roman Catholic Church. This decree which requires the partners in a mixed marriage to promise that all the children of their marriage be brought up as Roman Catholics, is the internal rule of one particular Church. For State organs to support it is, therefore, discriminatory."
BBC Radio Ulster examined the decree and its impact on a single Belfast family, with a mixed Presbyterian and Catholic marriage performed in a Presbyterian church, in its 2010 documentary "Mixing Marriages"
Matrimonia Mixta, 1970
Ne Temere was replaced in 1970 with the slightly more relaxed Matrimonia Mixta, given by motu proprioMotu proprio
A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....
. Section 15 revoked an automatic "Latae sententiae
Latae sententiae
Latæ sententiæ is a Latin term used in the canon law of the Catholic Church meaning literally "given sentence".Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened....
" excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
for certain offences, but they remained offences.
External links
- Ne Temere
- Catholic Encyclopedia "Clandestinity (in Canon Law)" – see section "New Legislation on Clandestine Marriage"