Case XLI: Interpellation in the Case Described by the Apostle

The Congregation of the Inquisition has given a dispensation from the interpellation demanded for the Pauline privilege, in connection with an interesting case proposed by an American bishop. The case is as follows: George, now fifty years old, and living in the diocese of the petitioning bishop, married Bertha, both being unbaptized; as a result of this marriage they had four children, who are still living. Eight years later Bertha showed many indications of insanity, so that it became impossible to live with her, and she was committed to an asylum for the insane.

Six years afterward, as there was no hope of her recovering sanity, George obtained a decree from the civil courts adjudging his marriage null and void from the beginning on the grounds of the woman's insanity, which several physicians testified was caused by a hurt which she had received when only ten years of age.

George, still unbaptized, then married Caroline, a baptized non- Catholic. He is still living with her; they have had several children, of whom one is living. The insanity of Bertha has gone so far that she does not recognize her own daughter, and imagines that she herself is Queen Elizabeth.

Now George (twenty-nine years after his first marriage, with Bertha, and fifteen years after his marriage with Caroline) has become a Catholic, together with his wife and whole family, with one exception; and, therefore, he desires that the Holy See might, by its supreme power, grant him deliverance from the bonds of his marriage contracted in unbelief with Bertha.

The fact that George was never baptized is clearly proven from the testimony of many altogether trustworthy witnesses, who have sworn that they often heard his mother say to her brother that George was not baptized, and how bad she felt about it. Besides, there is no record in the register of his baptism, though records of others baptized at the same time are found.

The non-baptism of Bertha is not of equally absolute certainty, though there seems to be a moral certainty that she was never baptized. Her sister, who is eighteen years older than she, testified under oath that she was altogether certain that her sister was never baptized, because they did not believe in any religion, and never professed Christianity.

Therefore, at the utmost there was between George and Bertha only a natural marriage contracted in infidelity; or, if Bertha were baptized, since George certainly was not, there was no marriage at all, on account of Disparitas Cultus.

Follows the opinion of the Matrimonial Court of the diocese: It is decided that this Court has not legitimate jurisdiction to settle this case, but recourse must be had to the Holy Apostolic See for a final adjudication. But the court is strongly of opinion that the weight of testimony is in favor of the validity of the first marriage, on account of the absence of baptism in both parties.

But since George is now baptized a Catholic, he has the right to interpellate his first wife Bertha, and since there is no use in doing this on account of her insanity, this Court believes that a petition should be sent to the Holy See, that it may exercise its supreme apostolic power to dissolve the marriage contracted in infidelity between George and Bertha, so that George can make regular and valid his second marriage with Caroline. Hence the Court asks in their behalf the clemency of the Holy See, because they were married in good faith, and since their baptism they have lived as brother and sister, awaiting the decision of the Holy See. The Defensor Vinculi subscribes to the opinion and petition of the Court. Accordingly, the bishop asks his Holiness for a dispensation from the interpellation to be made to Bertha, so that George may contract a lawful marriage with Caroline.

The Congregation decided that his Holiness should be asked for a dispensation from the interpellation to be made to Bertha, so that George might contract matrimony validly with Caroline. This was granted December 10, 1903.