Article I. On the Power of Dispensing

Principles. - I. A legislator can dispense 1. in his own laws, because he has as much power for loosing as he has for binding; 2. in the laws of his predecessors, because he enjoys equal power with them; 3. in the laws of his inferiors, because they have power from him, or certainly power subordinated to him.

II. An inferior cannot dispense in the laws of his Superior, except from delegated power, and insofar as it has been delegated to him either by the Superior himself, or by law, or by custom. The reason is that an inferior does not have jurisdiction over the law of his Superior. - Thus all.

115. Questions. - QUESTION 1. Whether the Pope can dispense in divine law?

I answer. He can dispense from a just cause in those things in which divine right arises from a human will, as in vows and oaths. In other things, whether from a most grave cause he can truly dispense, or only declare that divine right then ceases, is controverted ¹. In practice it matters little. - St. Lig., Apostolic Man, no. 56.

¹ This controversy and disagreement of the Doctors is merely speculative, and pertains rather to the manner of speaking, namely whether or not the word dispensation must be used in the case. For that by the intervention of pontifical authority a bond which is called of divine right can be removed, each dissenting side equally agrees.

And indeed those who contend that the Pontiff can dispense in divine law chiefly use these arguments, that 1. he dispenses in the solemn profession of Religious, which, although from the more common sentence is of merely ecclesiastical right, nevertheless by some is thought to be of divine right; 2. sometimes he dispenses that a simple priest be the minister of the sacrament of Confirmation; 3. sometimes he dispensed, as some wish, that in the sacrifice of the Mass only the species of bread alone be consecrated; 4. he dispenses in vows and oaths; 5. he dispenses in ratified marriage; 6. he dispenses in the residence of Bishops, etc. Moreover those who deny to the Pontiff the faculty of dispensing in divine law do not deny that all the aforesaid things can be done from the authority of the Pontiff; but they deny that in these a true and properly so-called dispensation of divine law intervenes.

QUESTION 2. In what laws can a Bishop dispense?

I answer 1. By ordinary right, in all episcopal and synodal statutes, and in common laws with individuals as to cases which often occur, as in most vows, fasts, abstinence, observance of feasts, the divine Office in particular cases, etc. - St. Lig., no. 190 ².

² One must carefully examine whether the Bishop dispenses as legislator in his own laws, or as delegate in common laws. For in the former hypothesis he dispenses validly even without cause; but in the latter, since he plays the mere part of a steward, the cause being lacking, he would dispense invalidly.

I answer 2. By extraordinary right, in the other pontifical laws by reason of necessity, privilege, or legitimate custom, if any is in force anywhere.

QUESTION 3. Whether a Bishop can dispense with travelers in vows, oaths, and common precepts of the Church?

I answer 1. Affirmatively, if they have the intention of staying in the diocese for the greater part of the year; because since they contract a quasi-domicile, by that very fact they become subjects. Thus most commonly, says St. Lig., no. 158, and Lacroix, no. 799.

I answer 2. But if they only pass through, it is controverted. - It seems that one must probably affirm, because the consent of their Ordinaries is prudently presumed. St. Lig. (ibid.) says this sentence is deservedly held probable. - Nevertheless not a few contradict, because they are not truly subjects ³. - Finally others distinguish: they affirm indeed for laws of the Church; but they deny for vows and oaths.

³ This reason, as is clear, concludes nothing against those who derive the power of dispensing from the consent of the Ordinary of the travelers, or from his tacit ratification in the present.

116. • QUESTION 4. Whether Pastors are able to dispense in some things?

I answer. By ordinary right, by reason of custom, they can dispense with subjects for particular cases in fasts, in abstinence, in works prohibited on a feast day, and in other things of this kind, which frequently occur and need prompt dispensation. - Thus commonly. - St. Lig., Apostolic Man, no. 59.

QUESTION 5. Whether a Superior can dispense with himself?

I answer affirmatively, if he is primary; indeed also a secondary Superior can, if he has a general faculty of dispensing with others. - St. Lig., Apostolic Man, no. 64.

QUESTION 6. Whether a delegate can subdelegate?

I answer. No, generally speaking, because this faculty per se is not included in the concession of the Superior, unless it has been expressed. Except, however, if someone has been delegated to dispense in a universe of causes by way of office; because then from common interpretation there is present a tacit faculty of the Superior for subdelegating. - Thus St. Lig., no. 193, book 6, no. 366.