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GAZETTE
SEPTEMBER 1978,
dissolve) non-sacramental marriages. The power of the
Pope to set aside the marriage of a couple wherein one of
the parties has not been baptised must be distinguished
from the "Pauline Privilege". The Pauline Privilege is
based on the text of the First Letter of St. Paul to the
Corinthians (Chapter 7, vs. 8 - 15) where St. Paul speaks
of the situation in which two pagans marry and
subsequently one receives the sacrament of baptism; and,
thereafter, the unbaptised party refuses to live peacefully
with the christian party without 'offence to the Creator'
and does not wish himself to be baptised. In such
circumstances, provided these last three conditions can be
properly established i.e. baptism of one party, refusal to
live peacefully, no conversion of the other party, the
Christian party is permitted by the bishop of the place to
proceed to a new marriage. It is held that die first
marriage is dissolved by the "exercise of the Pauline
Privilege". This type of case does not happen very
frequently in Western Europe but it does happen more
frequently in countries where Christian baptism is rare.
However, the Pauline Privilege procedure differs
considerably from the "dissolution of the natural bond"
procedure which is now being considered. In the
dissolution of the natural bond, which is sometimes called
the "Petrine Privilege", or the extension of the Pauline
Privilege, or the dissolution "in favour of the faith", it
must be established that one of the parties to the original
marriage was not baptised. When this can be shown with
certainty it follows that the marriage in question was not a
sacrament. When this is the case, in certain
circumstances, a petition may be put to the Pope asking
that the former marriage be dissolved in favour of the
faith of the Catholic party
who
is now involved.
The Holy See at present will accept a petition from an
unbaptised person who now wishes to marry a Catholic;
from a previously unbaptised person, now baptised as a
non-Catholic, and who wishes to marry a Catholic; from
a previously unbaptised person, now a Catholic, who
wishes to marry another Catholic, or at least a baptised
non-Catholic; and, also from a Catholic previously
married to an unbaptised person (with a dispensation
from disparity of cult) who now wishes to marry another
baptised person. However, at the present time, the Holy
See will not accept a request from a baptised petitioner
previously married to an unbaptised person and who,
having been received into the Church, wishes to marry
another unbaptised person.
(ii)
Requirementsfor Petition for Dissolution:
When a
person petitions the Pope for a dissolution of a marriage
on the grounds that one of the parties to the union was
not baptised, there are two basic requirements. Firstly, it
must be established that the person concerned was not
baptised at the time of the marriage and if he was
subsequently baptised, that the couple did not live
together as man and wife after the baptism. Secondly
there must be adequate reasons why the Pope is asked to
dissolve the marriage.
(iii)
Proof of Non-Baptism:
The proof of the non-
baptism is done by obtaining evidence from persons who
would have been in a position to know whether the child
was baptised, for example, the child's parents, or close
relatives such as the child's aunts or uncles. When
someone approaches the tribunal and wishes to submit a
petition on the grounds that his or her marriage was not a
sacrament the first step taken by the tribunal is to assist
the person concerned to formulate a petition. This sets
down the brief facts concerning the marriage, why it took
place, why it broke down, and details concerning the
alleged non-baptism. The names and addresses of
witnesses are also obtained. The petitioner is subsequently
asked to give sworn evidence and in addition to the
questions about the marriage and the alleged non-
baptism, he is also asked if he is quite clear that if the
Apostolic Dissolution is obtained as a result of perjury
any subsequent marriage would be null and void.
Thereafter, the witnesses named, whereever they may be,
are also questioned. At the same time baptismal searches
are also carried out.
(iv)
Comments on Evidence and Transmission to
Rome:
When the evidence of the witnesses and the
relevant documents have been obtained, and the results of
the baptismal searches collated, all the material is
transcribed. It is "then submitted to the defender of the
bond who examines the dossier to see if all possible steps
have been taken to establish the non-baptism. When the
defender is satisfied that everything necessary has been
done he returns the dossier to the tribunal with his
comments on the case. Then the dossier with the
comments of the defender of the bond is submitted to the
bishop of the diocese who writes his 'opinion' on the case
showing whether he is convinced by the evidence supplied
and stating whether in view of the merits (or otherwise) of
the petitioner he recommends the case to the Pope.
The dossier and the bishop's opinion are then sent ot
the Sacred Congregation for the Doctrine of the Faith,
where three specially appointed commissioners and one
defender of die bond examine the case. If they are
satisfied that the alleged non-baptism has been established
and that the merits of the petition are warranted the case
is then recommended to the Pope, who personally grants
a dissolution of the natural bond of marriage.
(v)
Discretion of Pope Whether to Grant Dissolution:
The petition for a dissolution refers to what is normally
regarded as a valid marriage and for this reason whether
or not the Pipe chooses to dissolve a marriage is a matter
for his decision alone. The mere fact that it is established
that a person has not been baptised does not constitute a
right to the dissolution of the marriage in question. There
are a variety of factors that are involved. The first factor
is whether the merits of the petition warrant the favour of
the dissolution. A case will not be entertained if the
petitioner has been the malicious cause of the breakdown
of the marriage. The second factor is the reason for
asking the favour. The basic reason for this is that the
granting of the dissolution would be in favour of the faith
of the Catholic party involved in the case. The third factor
is the question of scandal. Scandal might well be caused
if, as a result of the dissolution, the petitioner married the
girl with whom he had committed adultery during the first
marriage; in such a case the Pope would not grant a
dissolution. On the other hand, the petitioner may have
led a most exemplary life, and it was his first wife who
really acted unjustly in the marriage before finally running
off with another man leaving the husband with the
children. In that case if the conditions for a natural bond
of marriage were established the Pope might grant the
dissolution in spite of the fact that someone who is
not aware of the teaching of the Church about the
dissolution of non-sacramental unions might raise his
eyebrows at the granting of the dissolution.
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