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He had, he was afraid, knowledge of what it was. And that knowledge set his thoughts racing over their accustomed course. He ran over the long tradition of his grievances grievances that had submerged him in a life that had not even a place in this wayside countryside. His mind worked its way down through all the stages of complaint until it arrived at the Ne Temere decree.
Leitner of Passau, which was issued in its fifth edition at Regensburg in 1908. Dr. Leitner is a Catholic professor at Passau and bears the title "Doctor of Theology and Canon Law." Dr. Leitner's book is in German: Die Verlobungs- und Eheschliessungsform nach dem Dekrete Ne Temere, which means, "The Form of Betrothal and Marriage according to the Ne Temere Decree."
Cic. de Div. 2, 41, K. The Scythians had a similar method of divining, Herod. 4, 67. Indeed, the practice of divining by rods has hardly ceased to this day, among the descendants of the German Tribes. Temere, without plan on the part of the diviner. Fortuito, under the direction of chance. Gr. Si publice consuletur. If the question to be decided is of a public nature.
In 1906, a papal decree was published which declares any betrothal or marriage entered into by a Catholic with a Catholic, or by a Catholic with a non-Catholic, to be valid only on condition that either the betrothal or the marriage take place in the presence or with the sanction of a Catholic priest This decree is known as the Ne Temere decree.
A case recently tried at the Waterford Assizes establishes a precedent which may prove most mischievous. Recent illustrations in Ireland of the working of the Temere decree have secured for it a sort of quasi-legality and provided a great argument to those devout Churchmen who, under Home Rule, would naturally desire to carry the process a further step.
In most of the articles in this book which deal with the religious question; special stress is laid upon recent Papal legislation. The Ne Temere and the Motu Proprio decrees have constituted an invasion of the rights hitherto enjoyed by the minority in Ireland, and they are even more significant as an illustration of the policy of the Roman curia.
The recent Papal Decree, termed Ne Temere, regulating the solemnisation of marriages, has been enforced in Ireland in a manner which must seem impossible to Englishmen. This rule is binding on all Roman Catholics. It is easy to see what hardship and wrong must follow the observance of this rule in the case of mixed marriages.
For a species or sub-species, being always a conception, which contains only what is common to a number of different things, does not completely determine any individual thing, or relate immediately to it, and must consequently contain other conceptions, that is, other sub-species under it. This law of specification may be thus expressed: entium varietates non temere sunt minuendae.
Indeed, that spirit, as a consequence of the growing prosperity of Ireland, had been steadily increasing, till the recent revival of the Home Rule proposal, with its attendant fears of hierarchical ascendency, as illustrated by the promulgation of the Ne Temere decree, suddenly interrupted it.
The Ne Temere decree affords a significant premonition of the spirit which would direct Home Rule legislation. It is noteworthy that no Nationalist member has protested against the cruelties of that decree as shown in the M'Cann case, and Mr. Devlin, M.P., even defended what was done from his place in Parliament.
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