The Gazette 1978

SEPTEMBER 1978,

GAZETTE

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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