20 Facts About Petrine Privilege

What is Petrine Privilege?

The Petrine Privilege is a unique aspect of Catholic canon law. It allows the Pope to dissolve a valid natural marriage between a baptized and a non-baptized person. This privilege is exercised to enable one of the parties to marry in the Church, particularly when it benefits their spiritual well-being.

1. Definition and Purpose: The Petrine Privilege allows for the dissolution of a valid natural marriage between a baptized and a non-baptized person. This is done to favor the salvation of the soul of one of the parties, enabling them to marry in the Church.

2. Historical Context: The concept emerged in response to the missionary growth of the 16th century. Popes like Paul III, Pius V, and Gregory XIII developed new norms to deal with polygamists and mixed marriages.

Biblical Precedent and Canon Law

The Petrine Privilege has roots in biblical precedent and is referenced in Catholic canon law. This section explores these connections.

3. Biblical Precedent: There is a biblical precedent for this practice, as seen in Ezra 10:1–14, where Jews put away their non-Jewish wives to conform to Jewish law.

4. Canon Law Reference: The Petrine Privilege is referenced in Canon 1150 of the 1983 Code of Canon Law. It states that this privilege possesses the favor of law, meaning the law favors its granting whenever possible.

Terminology and Marriage Type

Understanding the terminology and the type of marriage to which the Petrine Privilege applies is crucial.

5. Terminology: The term "Petrine privilege" was coined by Franz Hürth in his 1946 lectures. However, canonists now generally consider "privilege or favor of the faith" more appropriate, though "Petrine privilege" remains in common use.

6. Marriage Type: The privilege applies to a valid natural marriage. Baptism is not required for the marriage to be valid, but it must be a marriage that could be recognized by the Church.

Conditions and Papal Authority

Certain conditions must be met for the Petrine Privilege to be applied, and the Pope has the authority to dissolve the marriage.

7. Conditions for Dissolution: One of the parties must intend to marry a baptized Christian if they are baptized and Catholic at the time of the marriage. If non-baptized or baptized in another Christian Church, they must either intend to enter the Catholic Church or be baptized in it, or intend to marry a baptized practicing Catholic.

8. Papal Authority: The Pope exercises his authority as Vicar of Christ to dissolve the marriage. This is an indult (a special permission) that allows the Pope to intervene in situations where the usual annulment procedures may not be applicable or sufficient.

Process and Practical Considerations

The process of seeking a Petrine Privilege is complex and involves several practical considerations.

9. Complexity of Process: Seeking a Petrine Privilege involves sending documentation to the Holy See. This can take longer than the usual annulment process, which is typically handled locally by the diocesan tribunal.

10. Practical Considerations: Most tribunals recommend pursuing a declaration of nullity first, as it can be faster and more straightforward. However, in some dioceses, it may be faster to get a Petrine Privilege than to go through the full nullity process.

Theological and Historical Precedents

Theological considerations and historical precedents play a significant role in the application of the Petrine Privilege.

11. Theological Considerations: Theologically, it is best to determine whether a marriage could be declared null before asking the Holy Father to dissolve it. If the marriage is null, then the Pope need not dissolve it, as it was never established in the first place.

12. Precedents and Norms: Several precedents have been set by popes in exercising this privilege. For example, in 1924, Pope Pius XI dissolved the marriage of Gerard G. Marsh and Frances E. Groom to favor Marsh's marriage to Lulu LaHood, a Catholic.

Norms and Rarity of Use

The norms for dissolution and the rarity of the Petrine Privilege's use are important aspects to consider.

13. Norms for Dissolution: The Holy Office issued "Norms for the Dissolution of Marriage in Favor of the Faith by the Supreme Authority of the Sovereign Pontiff" in 1934. These norms were revised in 1973 and again in 2001 to reflect the evolving pastoral needs related to marriage.

14. Rarity of Use: Despite its existence, the Petrine Privilege is rarely used. This is because it is generally considered a last resort and is subject to strict conditions and theological considerations.

Comparison with Pauline Privilege

The Petrine Privilege is often compared with the Pauline Privilege, which has a similar purpose but different conditions.

15. Comparison with Pauline Privilege: The Petrine Privilege is an extension of the logic of the Pauline Privilege, which allows for the dissolution of a marriage between two non-baptized persons to enable one of them to enter a Christian marriage.

Diocesan Tribunal and Canon Law

The role of diocesan tribunals and related canons in handling Petrine Privilege cases is crucial.

16. Archdiocese of Chicago Metropolitan Tribunal FAQ: The Archdiocese of Chicago Metropolitan Tribunal provides detailed FAQs on the Petrine Privilege, including its application and the necessary conditions for its use.

17. John T. Noonan Jr.'s Work: John T. Noonan Jr., in his book "A Church That Can and Cannot Change," discusses the practical and theological issues related to the Petrine Privilege, highlighting the diocesan reality versus the ideals of the law.

18. Diocesan Tribunal Involvement: Diocesan tribunals play a crucial role in handling Petrine Privilege cases. They must ensure that all necessary documentation is prepared and sent to the Holy See for review and approval.

19. Canon 1681 and Related Canons: Canon 1681 addresses similar questions related to what should be done if, during the course of a marriage nullity process, it emerges that the marriage might be unconsummated and therefore capable of dissolution. This canon implies a preference for pursuing dissolution if there is a very probable doubt about consummation.

20. Conclusion and Practical Advice: The Petrine Privilege is a complex and rarely used aspect of Catholic canon law. While it provides a unique solution for certain marital situations, it should be approached with caution and thorough theological and practical consideration. It is generally recommended to pursue a declaration of nullity first, but in some cases, the Petrine Privilege may be the more expedient and appropriate option.

Final Thoughts on Petrine Privilege

The Petrine Privilege is a unique aspect of Catholic canon law that allows the Pope to dissolve a valid natural marriage between a baptized and a non-baptized person. This privilege aims to favor the spiritual well-being of one of the parties, enabling them to marry in the Church. Though rarely used, it provides a solution for complex marital situations. The process involves thorough documentation and approval from the Holy See, making it more complex than a typical annulment. However, it remains an important tool for the Church to address specific pastoral needs. Understanding the Petrine Privilege helps appreciate the Church's commitment to its members' spiritual welfare while adhering to its teachings on marriage. Whether you're a Catholic or just curious about religious practices, knowing about this privilege offers insight into the Church's approach to marriage and faith.