Richard Lalor Burtsell

“ The affinity would become more complicated, and add new bars to marriage, if the person had intercourse with several persons of varying degrees of affinity. By the Roman law, the affinity ceased at the death of the one from whom it originated. Thus when a remarried father died, his second wife was no longer akin to the children of his former wife. By canon law a marriage not consummated does not beget affinity. By a marriage null through a diriment impediment, the affinity probably does not extend beyond the second degree. ”

“ When adoption is in accord with the substantial elements of the Roman law, as in the case of the German code, in the eyes of the Church it carries with it all the restrictions in the matter of marriage accepted by the Church from the Roman law. Thus, by the German law, the wife of the adopter is not united by affinity to the adopted, nor the adopter to the adopted's wife. ”

“ The Church made its own the Roman law of adoption, with its legal consequences. Pope Nicholas I (858–867) spoke of this law as venerable, when inculcating its observance upon the Bulgarians. Hence adoption, under the title cognatio legalis, or "legal relationship", was recognized by the Church as a diriment impediment of marriage. This legal relationship sprang from its resemblance to the natural relationship (and made a bar to marriage) : 1° civil paternity between the adopter and the adopted, and the latter's legitimate natural children, even after the dissolution of the adoption ”

“ Acceptance of a law is not necessary to impose the obligation of submission. Even in a democracy, where the organized people may, or should, take part in the preparation and making of the laws, it may not refuse to accept and to obey the laws when made and promulgated. ”

“ If a married person should have intercourse with the marriage-partner's blood-relative of the second degree, in the direct or collateral line, a penalty is placed upon the one so sinning of forfeiting the right to ask for marital intercourse from the marriage-partner, though the innocent party does not forfeit the right to claim it. ”

“ An accusation issuing from a reliable person, as also a prevalent evil reputation, may supply for the defect of proof needed for indictment. For the paternal admonition it is enough that this evil reputation should be spread among less responsible persons, but for the legal admonition the evil reputation should emanate from serious and reliable persons. The legal admonition is to a great extent akin to the summons to judgment. It is always desirable for the suspect, and for the honour of the Church, that the prelate should arrange the matter quietly and amicably. ”

“ When there is a reasonable doubt or difference of opinion among canonists or theologians upon the fact of legal relationship, the safe rule is to ask for a dispensation. In the Legislature of Quebec, a few years ago, an attempt was made to introduce into the Civil Code the almost identical principles of the Napoleonic Code for adoption, but the proposal was rejected by the Chamber. The Church authorities in Canada do not recognise that any impediment to marriage arises from whatever private arrangements of adoption may be there recognized. ”

“ Acceptance is needed for the validity of an election. If the person chosen be absent, a specified time may be given for acceptance, and a further time may be allowed to obtain the confirmation of the election to an office. Acceptance is of the essence of a gift, which, in law, means a gratuitous transfer of property. ”

“ In the Catholic Church the law-making power established by Christ will ever have the authority to make laws previous to, and independent of, the acceptance of the faithful. If bishops or other prelates should enact a law contrary to the canons, there is the remedy or an appeal to the highest authority of the Church for its annulment. ”

“ The Holy Father permits bishops to dispense from all public impediments diriment of marriage derived from the ecclesiastical law, except from the order of the priesthood, and affinity, in the direct line, arising from lawful intercourse. ”

“ By the French code the affinity in the direct line, and in the first degree of the collateral line, is a bar to marriage, though the privilege was given to the king to dispense in the second case. The British law forbids the marriage of a man with his deceased wife's sister, and a marriage of this kind performed in the colonies of the British Empire, where it may be allowed, is not held as valid in Great Britain. ”

“ Thus ecclesiastics do not cease to be citizens, and all Christian citizens are subject to the authority of the Church as well as of the State. Many things, even linked with spiritual affairs, do not lose their natural character of temporalities. Many acts passing between ecclesiastics are purely civil. An ecclesiastic, though a minister of the Church, is also a citizen; his actions as a citizen are purely civil ”

“ Public acts are determinative against anyone, though at times they may not impose personal obligation on those not participating in them. In old public acts, the presumption is in favour of their being rightly done ”

“ The adoption was less perfect which constituted the adopted necessary heir, in case the adopter should die without a will. The rule was that a man, not a woman, could adopt; that the adopter should be at least 18 years older than the adopted; that the adopter should be of full age, and older than 25 years. In Athens the power of adoption was allowed to all citizens of sound mind. Adoption was very frequent among the Greeks and Romans, and the custom was very strictly regulated in their laws. ”

“ His duty requires him to prepare in writing all possible arguments, even at times seemingly slight, against the raising of any one to the honours of the altar. The interest and honour of the Church are concerned in preventing any one from receiving those honours whose death is not juridically proved to have been "precious in the sight of God" (see [ [Catholic Encyclopedia (1913) /Beatification and Canonization|Beatification and Canonization] ] ) . ”

“ If the wrong had been done through fear, the common teaching is that the penalty is not incurred, and this is also probably so if done without knowledge of the penalty. If incurred, a dispensation from the penalty may be obtained from the bishop. ”

“ These admonitions are to be founded upon a suspicion of guilt excited by public rumour, and after an investigation to be made by one having due authority, with the result of establishing a reasonable basis for the suspicion. ”

“ The Jansenists favoured the theory that the authority of the bishops and Pope was representative of the will of the whole body of the Church; hence Clement XI, in 1713, condemned the 90th proposition of Quesnel: "The Church has the power to excommunicate, to be used by the chief pastor, with the (at least presumed) consent of the whole body." ”