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PUBLIC RECORD OFFICE, LONDON
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acceptable to us as long as no formality was insisted upon previous to the solemni- zation of marriage.
The Catholics of Ceylon are a large and respectable community; they con- stitute the great majority of the Christian population of Ceylon, for whilst all the other Christian denominations do hardly reach 60,000, the Catholics from the last census number upwards of 180,000. They are a quiet, well-behaved, orderly, and perfectly loyal body, as may be ascertained by reference to the Right Honourable Mr. Gregory, our present Governor, than whom none was perhaps ever better acquainted with the country and the various classes of its inhabitants. This con- cession to their just scruples will afford them a most needed relief, it will give much satisfaction, and secure their lasting gratitude.
(Signed)
Chilaw, April 8, 1875.
+CHR. BONJEAN, O.M.I., Bishop of Medea, Vicar Apostolic of Jaffna, in behalf of himself and the Right Rer. Dr. Hilarion Sillani, Bishop of Callinico, Vicar Apostolic of Colombo.
Inclosure 3 in No. 14.
Memorandum from Sir Richard Morgan.
IT cannot be denied that, on the grounds of good conduct and good citizenship, the Roman Catholics have strong claims for favourable consideration on the Government of Ceylon; but we must, nevertheless, see that their claims are reasonable.
"In a word," they say in the very clever paper submitted by them, "
we claim the right of being as free to fulfil our duty with reference to the sacrament of marriage as we are with respect to every other sacrament."
We do not wish to interfere in the slightest with sacramental doctrines and f Ordi- observances. It is with a view to this that we have left it free to Ministers of
1863.
every religion to follow the rules or customs of their own communion. All that we require is the preliminary notice to and certificate by the Civil Registrar. This we do because it is the duty of the Government to regulate and define the right of property, and to secure easy and undoubted proof of marriages from which such right ordinarily flows. This is necessary anywhere, more especially in a country where frauds and perjuries are of frequent occurrence.
What is the preliminary notice? Three weeks' notice to the Registrar of the brense district or districts in which the parties reside. This enables parties interested in such marriages to point out any objection thereto, such, for instance, as that the parties are related or have a former husband or wife living, or that either party is under the required age, the 1st and 3rd objections being such as would invalidate a marriage years afterwards, bastardize innocent issue, and unsettle the rights of property. The preliminary notice (the certificate is only proof that notice has been given) is, therefore, indispensable to any well-considered Marriage Law.
It is this the Bishop objects to on the following grounds :-
L
1. It is against our conscience to wait for the permission of the civil power to administer sacraments.'
Other sacraments affect the recipient only. This may affect the rights of unborn issue in future ages; certainly will affect the rights of property. Hence the difference and necessity for interference of some kind to protect the former and regulate the latter. Push this argument to its legitimate extent and the result will be that the Legislature has no right at all to legislate for marriage as respects Catholics.
It is clear that what the priest wants is the power to marry parties whom he may see living together in concubinage, or who may desire to marry, whenever he goes on circuit, without any kind of previous notice or publication whatever.
I cannot ascertain what the rule and practice are in Ireland as respects Roman Catholic marriages; 7 & 8 Vict., cap. 81, sec. 3, saves Roman Catholic marriages from the operation of the Act. The last Irish Marriage Act (34 & 35 Vict., cap. 49) amends the Act of 7 & 8 Vict., cap. 81 (sec. 29), but does not repeal it. The Marriage Act for India (14 & 15 Vict., cap. 40) makes no reference whatever to Roman Catholics, but the Indian Marriage Act No. 25 of 1864, saves from its operation marriages under the Indian Act No. 5 of 1852, which Ordinance I have
41
not been able to procure here. But whether it be allowed or not in Ireland, it cannot be tolerated here.
lt may
be reasonably assumed that no little pressure will be used by the priests to make Catholies marry, and parties may marry who cannot lawfully do 80. It must be borne in mind that Roman Catholic priests do not consider the marriage of a Roman Catholic with an infidel valid. They will surely carry out this doctrine if the power now contended for be conceded to them.
"2. It lowers us in the estimation of our people, and makes weak their faith."
It will lower priests much more if they unite parties, and a Civil Judge afterwards pronounce the union invalid.
"3. It results in multiplied cases of concubinage." Arrangements can and ought to be made for the priest to remain longer in villages, or to get parties brought to him after the required notice.
cannot see how the required notice can be given up.
It struck me at first that the appointment of priests to act as Registrars will remove the difficulty. But I doubt this. (1.) The Bishops will not accept this, for it will make their priests immediately subject to the civil officer. (2.) Assuming that the concession is accepted, cases will continually arise of one or more priests refusing or neglecting to comply with the requirements of the Ordinance. Prosecutions will only enable them to raise the cry of persecution and to create scandal.
After careful consideration, I think the following concessions may safely be made:-
1. Let the Registrar-General give up licensing churches, &c., as places in which marriages may be solemnized.
This requirement is not strictly necessary. Let us see that the notice be required in every case, and that the notice to Registrars is duly given; after that, leave it to the parties to marry in any public place they please, only require the heads of the different bodies to notify the places selected by them and proclaim such places.
2. Empower the different Ministers to receive notices from parties intending to marry, and to forward such notices to the Registrar and make such notices sufficient.
At present the parties themselves must give notices.
These concessions and the detailed provisions consequent thereon can, approved, be easily made.
May 24, 1875.
No. 15.
if
The Earl of Carnarvon to Governor the Right Hon. Sir W. H. Gregory, K.C.M.G. (No. 202.) Sir,
HAVE the honour to acknowledge the receipt of your despatch No. 167 of
Downing Street, August 27, 1875. the 19th of June,* forwarding a Memorial addressed to me by the Roman Catholic Bishops of Ceylon on the subject of the present Marriage Laws of the Colony.
A similar question has recently arisen in Hong Kong, and I herewith transmit to you a copy of a despatch which I have written with reference to a Memorial from the Roman Catholic Bishop and Clergy of that Colony, and which will explain to you fully my general views on this subject, which are as applicable to Ceylon as to
Kong.
Hong Kully appreciate the services rendered to the cause of religion and morality by
the Memorialists of the Roman Catholic Church in Ceylon, but I regret that I am unable to accede to the alteration in the Laws of Marriage which they propose.
I should have no objection, however, to a general reduction of fees for register- ing places of worship of all denominations if you and your Council are of opinion that it is desirable.
I have to request that you will furnish the Memorialists with a copy of this despatch and its inclosure.
I have, &c.
(Signed)
CARNARVON.
* No. 14.
(131)
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