Tha Petrine Previlege And Pauline Previlege

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Pauline privilege

 

–noun Roman Catholic Church. (in canon law) the privilege given to converts to dissolve a marriage with an unbaptized spouse if either obstructs the religious practices of the other.

Petrine Privilege Petrine Privilege or a decree in favor of the faith is a provision in the Canon Law of the Roman Catholic Church granting a previously married person the right to marry under certain specific circumstances. The implementation of this procedure is reserved to the Pope. It involves the circumstance where one of the parties in the marriage is unbaptized and the other is baptized. If either party wants to become Catholic or wants to marry a Catholic the first marriage can be dissolved, permitting the person to become Catholic or to marry a Catholic. Thus, the Pope may act in favor of the Catholic faith. Another example may be that a Protestant who is married to an unbaptized man falls in love with a Catholic. The Pope may dissolve the marriage of the Protestant to facilitate his or her marriage to the Catholic. This is done in favor of the faith of his or her Catholic fiancé.

Pauline Privilege

Scriptural Authority St. Paul wrote, 1 Cor 7:12 “To the rest I say, not the Lord, that if any brother has a wife who is an unbeliever, and she consents to live with him, he should not divorce her. If any woman has a husband who is an unbeliever, and he consents to live with her, she should not divorce him. For the unbelieving husband is consecrated through his wife, and the unbelieving wife is consecrated through her husband. Otherwise, your children would be unclean, but as it is they are holy. But if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace.”

Conditions

The Catholic Church can dissolve a marriage bond, allowing the Catholic party to remarry, if: Both persons were not baptized at the time of their wedding. Marriage originally not sacramental. One party has been baptized, but the other remains unbaptized. Marriage remains not sacramental. The unbaptized person departs physically by divorce or desertion, or morally by making married life unbearable for the baptized person. Just cause for the dissolution. The unbaptized person refuses to be baptized or to live peacefully with the baptized person. Unbaptized person is asked. Civil divorce has been granted by the state. Church cannot be responsible for the separation.

Some Observations The Pauline Privilege applies only when both parties were unbaptized at the time of the marriage. It is not the same as an annulment. The Pauline Privilege dissolves a real but natural marriage. An annulment is a declaration that no valid marriage ever existed. If one party was baptized and the other unbaptized at the time of the marriage, the marriage is still natural but can be dissolved only by the Pope personally, exercising his authority as the Vicar of Christ and executive agent of divine law. This is called the Petrine Privilege because it is reserved to the Chair of Peter, and very rare. If both parties were baptized at the time of the marriage it is a sacramental and supernatural marriage, and is indissoluble, even if one party abandons his Christian faith. 1 Cor 7:10 “To the married I give charge, not I but the Lord, that the wife should not separate from her husband.” There is Biblical precedent for dissolving a marriage between a faithful person and an unbeliever, when the Jews put away their pagan wives. Ezra 10:1 “While Ezra prayed and made confession, weeping and casting himself down before the house of God, a very great assembly of men, women, and children, gathered to him out of Israel; for the people wept bitterly. And Shecani’ah the son of Jehi’el, of the sons of Elam, addressed Ezra: ’We have broken faith with our God and have married foreign women from the peoples of the land, but even now there is hope for Israel in spite of this. Therefore let us make a covenant with our God to put away all these wives and their children, according to the counsel of my lord and of those who tremble at the commandment of our God; and let it be done according to the law. Arise, for it is your task, and we are with you; be strong and do it.’ Then Ezra arose and made the leading priests and Levites and all Israel take oath that they would do as had been said. So they took the oath.”

Privilege (canon law) Privilege in the Canon law of the Roman Catholic Church is the legal concept whereby someone is exempt from the ordinary operation of the law over time for some specific purpose.

Definition Papal privileges resembled dispensations, since both involved exceptions to the ordinary operations of the law. But whereas “dispensations exempt[ed] some person or group from legal obligations binding on the rest of the population or class to which they belong,”[1] “[p]rivileges bestowed a positive favour not generally enjoyed by most people.” “Thus licences to teach or to practise law or medicine, for example,”[2] were “legal privileges, since they confer[red] upon recipients the right to perform certain functions for pay, which the rest of the population [was] not [permitted to exercise.]”[3] Privileges differed from dispensations in that dispensations were for one time, while a privilege was lasting.[4] Yet, such licenses might also involve what should properly be termed dispensation, if they waived the Canon law requirement that an individual hold a particular qualification to practice law or medicine, as, for example, a degree. The distinction between privilege and dispensation was not always clearly observed, and the term dispensation rather than privilege was used, even when the nature of the act made it clearly a privilege. Indeed, medieval canonists treated privileges and dispensations as distinct, though related, aspects of the law. Privileges and indults were both special favours. Some writers hold that the former are positive favours, while indults are negative.[5] The pope might confer a degree as a positive privilege in his capacity as a temporal sovereign, or he might do so by way of dispensation from the strict requirements of the Canon law. In both cases his authority to do so was found in the canon law. The pope's powers as a temporal sovereign are recognised in the Roman Catholic Code of Canon Law of 1983. In practice matters of education are dealt with though the hierarchy of the Church, rather than through that of Vatican City State, the residual part of the Papal States.

Academic Degrees

In some instances petitioners sought an academic degree because without one they could not hold a particular office. Canons of certain cathedrals and Westminster Abbey were still required to be degree-holders until recent times. The Dean of Westminster Abbey was required to be a doctor or bachelor of divinity as recently as the late twentieth century.[6] In these cases, conferring the status of a graduate is the granting of a privilege, in that the recipient has received a positive favour not generally enjoyed by most people, but it also acted as a dispensation with the requirements of the canon law. Still, however they were justified, in canon law, the conferral of degrees or degree status gave substantial and substantive rights and privileges, and were not merely empty honours. In the event of degree status being conferred, the recipient was not deemed to hold the degree in question, but would enjoy any privileges which might be attached to such a degree—including qualification for office. Conferring the degree itself would of course would mean that the recipient enjoyed the style and not merely the privileges of a degree. They might also, for example, be thereafter admitted or incorporated to the same degree ad eundum at Oxford or Cambridge—though few seem to have been so distinguished. It was however often difficult to be certain whether the degree itself, or merely its status and privileges, which was being conferred. Given the ostensible purpose of the papal dispensatory jurisdiction, it would perhaps be more logical to view all of these “degrees” as strictly degree-status, and not substantive degrees. But the medieval—if not indeed modern—concept of the degree is of a grade or status. One achieves the status of master or doctor, which is conferred by one's university (or in rare cases, by the pope). It is not an award, but the recognition of a certain degree of learning. It is perhaps significant that in the records of the (post-Reformation) Court of Faculties, the early “Lambeth degrees” are described in terms of dispensation to enjoy the privilege of DCL or whatever the degree might be.[7] The exercise of the authority to confer such a privilege was often a positive step by the pope to emphasise his spiritual, if not temporal, authority. During the fifteenth century, attempts were made in England to restrict the exercise of papal power in opposition to the Statute of Provisors.[8] To evade the disabilities imposed by that Act on non-graduates, it became usual towards the end of the century for those clerics not educated at English universities to obtain dispensations from Rome, including, in a few cases, degrees.[9] These were positive favours not generally enjoyed by most people, and that they were dispensing with the requirements of the Canon law was a secondary consideration. They were also exercised for the good of the individual as well as the good of the church.