The mystery surrounding the marriage of Anne Catherine Sporck. Historical and legal study of marital law
Abstract
Monograph describes the peculiar way in which Imperial Count František Antonín Sporck (1662 - 1738) had married his second-born daughter Anna Catherine for her relative - a cousin of the Baron Swéerts-Sporck. According to the contemporary marriage law pope's consent was necessary for the marriage of spouses who were relatives in a certain degree (like cousins).
The Count Špork arranged for this consent from the pope Clement XI and thus the only remaining thing for the successful conclusion of marriage was the "execution" of this dispensation by the ordinary who had jurisdiction ratione loci, i.e. the ordinary had to verify the facts in the application for dispensation and then publicly proclaim it. Whilst the pope gave to the obstacle kinship dispensation, Ordinary of Litomerice refused to implement it, because it was suspected that the count stood at his daughter coercion.
The wedding was nevertheless held, plus assisting priest was completely incompetent. Thus canonically invalid marriage must then be convalidated by Nunciature in Vienna.