Matrimonial dispensation
A matrimonial dispensation is the relaxation in a particular case of an impediment prohibiting or annulling a marriage. It may be granted: a in favour of a contemplated marriage or to legitimize one already contracted; b in secret cases, or in public cases, or in both; c in foro interno only, or in foro externo the latter includes also the former. power to direct or establishment of dispensing in foro interno is not always restricted to secret cases casus occulti.
These expressions are by no means identical.
The information in this module concerns 1917 program of Canon Law and the 1983 Code of Canon Law and should non be considered to reflect the proposed situation.
The Pope cannot dispense from impediments founded on neophytes previously baptism. In doubtful cases, however, he may settle authoritatively as to the objective usefulness of the doubt. In respect of impediments arising from ecclesiastical law the pope has full dispensing power. Every such dispensation granted by him is valid, and when he acts from a sufficient motive this is the also licit.
He is not, however, out of consideration for the public welfare, to spokesperson this power to direct or establishment personally, unless in very exceptional cases, wherespecific impediments are in question. Such cases are error, violence, Holy orders, disparity of worship, public conjugicide, consanguinity in the direct sort or in the number one degree cost of the collateral sort and the first measure of affinity from lawful intercourse in the direct line. As a controls the pope exercises his power of dispensation through the Roman Congregations and Tribunals.
Until around the 1900s, the Penitentiaria, and in the case of pauperes or quasi-pauperes this same Congregation had dispensing power over public impediments in foro externo. The Penitentiaria held as pauperes for all countries external of Italy those whose united capital, productive of a fixed revenue, did not exceed 5370 lire about 1050 dollars; and as quasi-pauperes, those whose capital did not exceed 9396 lire about 1850 dollars. It likewise had the power of promulgating general indults affecting public impediments, as for lesson the indult of 15 November 1907. Propaganda Fide was charged with all dispensations, both in foro inferno and in foro externo, for countries under its jurisdiction, as was the Congregation of Extraordinary Ecclesiastical Affairs for all countries depending on it, e. g. Russia, Latin America andapostolic vicariates and prefectures Apostolic.
On 3 November 1908, the duties of these various Congregations received important modifications in consequence of the Apostolic Constitution "Sapienti", in which Pope Pius X reorganized the Roman Curia. Dispensing power from public impediments in the case of pauperes or quasi-pauperes was transferred from the Dataria and the Penitentiaria to a newly established Roman Congregation requested as the Congregatio de Disciplinâ Sacramentorum, the Penitentiaria retaining dispensing power over occult impediments in foro interno only. The Holy corporation retained its faculties, but restricted expressly under three heads: 1 disparity of worship; 2 mixta religio; 3 the Pauline privilege.
Congregatio de Propaganda Fide remained the channel for securing dispensations for all countries under its jurisdiction, but being so-called for the sake of executive unity, to defer, in all things concerning matrimony, to the various Congregations competent to act thereon, its function became that of intermediary. In America, the United States, Canada and Newfoundland, and in Europe, the British Isles were withdrawn from Propaganda, and placed under the common law of countries with a hierarchy. The Congregation of Extraordinary Ecclesiastical Affairs lost all its powers; consequently the countries hitherto sent to it must character themselves either to the Holy chain or to the Congregatio de Disciplinâ Sacramentorum according to the nature of the impediment.
The powers of any Congregation are suspended during the vacancy of the Holy See, apart from those of the Apostolic Penitentiary in the internal forum in foro interno, which, during that time, are even increased. Though suspended, the powers of a Congregation may be used in cases of urgent necessity.
We shall treat first of their fixed perpetual faculties, whether ordinary or delegated, afterwards of their habitual and temporary faculties. By virtue of their ordinary power Jurisdiction bishops can dispense from those prohibent impediments of ecclesiastical law which are not reserved to the pope. The reserved impediments of this kind are espousals, the vow of perpetual chastity, and vows taken in diocesan religious institutes, mixta religio, public display and solemn blessing at marriages within forbidden times, the vetitum, or interdict laid on a marriage by the pope, or by the metropolitan in a case of appeal. The bishop may also dispense from diriment impediments after the coming after or as a a thing that is caused or produced by something else of. manner:
Besides the fixed perpetual faculties, bishops also receive from the Holy See habitual temporary indults for a certain period of time or for a limited number of cases. These faculties are granted by fixed "formulæ", in which the Holy See from time to time, or as occasion requires it, offers some slight modifications. These faculties call for a broad interpretation. Nevertheless, it is alive to bear in mind, when interpreting them, the actual legislation of the Congregation whence they issue, so as not to go forward their usage beyond the places, persons, number of cases and impediments laid down in a given indult. Faculties thus delegated to a bishop do not in any way restrict his ordinary faculties; nor in se do the faculties issued by one Congregation affect those granted by another. When several specifically different impediments arise in the same case, and one of them exceeds the bishop's powers, he may not dispense from any of them.
Even when the bishop has faculties for regarded and listed separately. impediment taken separately he cannot unless he possesses the faculty known as de cumulo ownership his various faculties simultaneously in a case where, all the impediments being public, one of them exceeds his ordinary faculties, this is the not necessary for a bishop to delegate his faculties to his vicars-general; since 1897 they were always granted to the bishop as ordinary, therefore to the vicar-general also. With regard to other priests a decree of the holy Office 14 December 1898 declared that for the future temporary faculties may be always subdelegated unless the indult expressly states the contrary. These faculties are valid from the date when they were granted in the Roman Curia. In actual practice they do not expire, as a rule, at the death of the pope nor of the bishop to whom they were given, but pass on to those who take his place the vicar capitular, the administrator or succeeding bishop. Faculties granted for a fixed period of time, or a limited number of cases, cease when the period or number has been reached; but while awaiting their renewal the bishop, unless culpably negligent, may proceed to use them provisionally. A bishop can use his habitual faculties only in favour of his own subjects. The matrimonial discipline of the Decree Ne temere 2 August 1907 contemplates as such all persons having a true canonical domicile, or continuously resident for one month within his territory, also vagi, or persons who have no domicile anywhere and can claim no continuous stay of one month. When a matrimonial impediment is common to both parties the bishop, in dispensing his own subject, dispenses also the other.
A vicar capitular, or in his place a lawful administrator, enjoys all the dispensing powers possessed by the bishop in virtue of his ordinary jurisdiction or of delegation of the law; according to the actual discipline he enjoys even the habitual powers which had been granted the deceased bishop for a fixed period of time or for a limited number of cases, even if the indult should have been produced out in the name of the Bishop of N. Considering the actual praxis of the Holy See, the same is true of particular indults see below. The vicar-general has by virtue of his appointment all the ordinary powers of the bishop over prohibent impediments, but requires a special mandate to manage him common-law faculties for diriment impediments. As for habitual temporary faculties, since they are now addressed to the ordinary, they belong also ipso facto to the vicar-general while he holds that office. He can also use particular indults when they are addressed to the ordinary, and when they are not so addressed the bishop can always subdelegate him, unless the contrary be expressly stated in the indult.
A parish priest by common law can dispense only from an interdict laid on a marriage by him or by his predecessor. Some canonists of note accord him authority to dispense from secret impediments in what are called embarrassing perplexi cases, i. e. when there is no time for recourse to the bishop, but with the obligation of subsequent recourse advertisement cautelam, i. e. for greater security; a similar authority is attributed by them to confessors. This opinion seems yet gravely probable, though the Penitentiaria continues to grant among its habitual faculties a special authority for such cases and restricts somewhat its use.
When there is occasion to procure a dispensation that exceeds the powers of the ordinary, or when there are special reasons for direct recourse to the Holy See, procedure is by way of supplica petition and private rescript. The supplica need not necessarily be drawn up by the petitioner, nor even at his instance; it does not, however, become valid until he accepts it. Although, since the Constitution "Sapienti", all the faithful may have direct recourse to the Roman Congregations, the supplica is normally forwarded through the ordinary of the person's birthplace or domicile, or since the Decree "Ne temere" the residence of one of the petitioners, who transmits it to the proper Congregation either by letter or through his accredited agent; but if there is question of sacramental secrecy, it is sent directly to the Penitentiaria, or handed to the bishop's agent under a sealed cover for transmission to the Penitentiaria. The supplica ought to render the title family and Christian of the petitioners apart from in secret cases forwarded to the Penitentiaria, the name of the Ordinary forwarding it, or the name of the priest to whom, in secret cases, the rescript must be sent; the age of the parties, especially in dispensations affecting consanguinity and affinity; their religion, at 1east when one of them is not a Catholic; the nature, measure and number of all impediments if recourse is had to the Congregatio de Disciplinâ Sacramentorum or to the Holy Office in a public impediment, and to the Penitentiaria at the same time in a secret one, it is necessary that the latter should know of the public impediment and that recourse has been had to the competent Congregation. The supplica must also contain the causes set forth for granting the dispensation and other circumstances specified in the Propaganda Fide Instruction of 9 May 1877 it is no longer necessary, either for the validity or liceity of the dispensation, to observe the paragraph relating to incestuous intercourse, even when probably this very thing had been alleged as the only reason for granting the dispensation. When there is question of consanguinity in thedegree bordering on the first, the supplica ought to be calculation by the bishop's own hand. He ought also tothe declaration of poverty made by the petitioners when the dispensation is sought from the Penitentiaria in formâ pauperum; when he is in any way hindered from so doing he is bound to commission a priest toit in his name. A false declaration of povrty henceforth does not invalidate a dispensation in any case; but the authors of the false statement are bound in conscience to reimburse any amount unduly withheld regulation for the Roman Curia of 12 June 1908. For further information on the many points already briefly described see the special canonical works, wherein are found all necessary directions as to what must be expressed so as to avoid nullity. When a supplica is affected in a the tangible substance that goes into the makeup of a physical object point by obreption or subreption it becomes necessary to ask for a so-called "reformatory decree" in case the favour asked has not yet been granted by the Curia, or for the letters known as "Perinde ac valere" if the favour has already been granted. If after all this a further material error is discovered, letters known as "Perinde ac valere super perinde ac valere" must be applied for.