III. Faculties

1. "Of conferring orders outside the times and without observing interstices up to and including the presbyterate, if there shall be necessity of priests there."

2. "Of dispensing in any irregularities whatsoever, except those which proceed either from true bigamy or from voluntary homicide; and in these two cases also, if there shall be precise necessity of workers there, provided however that, as to voluntary homicide, scandal does not arise from a dispensation of this kind."

3. "Of dispensing concerning a defect of age of one year¹ on account of scarcity of workers, so that they can be promoted to the priesthood, if otherwise they shall be suitable."

4. "Of dispensing and commuting simple vows into other pious works, and of dispensing for a reasonable cause in simple vows of chastity and of religion."²

5. "Of absolving and dispensing in any simony whatsoever; and in real simony, the benefices having been dismissed, and concerning fruits badly received, some alms or salutary penance having been enjoined at the judgment of the one dispensing; or even, the benefices having been retained, if they are parochial and there are not those who can be placed over the parishes."

6. "Of dispensing in the 3rd and 4th degree of consanguinity and affinity, simple and mixed only, and in the 2nd, 3rd and 4th mixed degrees, not however in the 2nd alone as to future marriages; but as to past marriages, also in the 2nd alone, provided it in no way touches the first degree, with those who are converted from heresy or infidelity to the Catholic Faith, and in the aforesaid cases of declaring the offspring received to be legitimate."

7. "Of dispensing concerning the impediment of public honesty arising from just" [of justice, according to Feije, de imp., n. 615 (l)] "betrothals."

8. "Of dispensing concerning the impediment of crime, neither of the spouses however plotting, and of restoring the lost right of asking the debt."

9. "Of dispensing in the impediment of spiritual relationship, except between the one lifting and the one lifted."

10. "But these matrimonial dispensations, namely the 6th, 7th, 8th and 9th, are not to be granted except with the clause: provided that the woman has not been abducted, or, if she has been abducted, does not exist in the power of the abductor; and in the dispensation the tenor of faculties of this kind is to be inserted, with expression of the time for which they were granted."

11. "Of dispensing with gentiles and infidels having several wives, so that after conversion and baptism they can retain whichever of them they prefer, if she also becomes faithful, unless the first should wish to be converted."

12. "Of preparing the Holy Oils with the priests whom they can have, and, if necessity urges, even outside the day of the Lord's Supper."

13. "Of delegating to simple priests the power of blessing vestments and other utensils necessary for the Sacrifice of the Mass, where sacred anointing does not intervene; and of reconciling polluted churches with water blessed by a Bishop, and, in a case of necessity, even with water not blessed by a Bishop."

14. "Of granting three times in the year a plenary indulgence to those contrite, confessed, and refreshed by sacred communion."

15. "Of absolving from heresy and apostasy from the faith and from schism any persons whatsoever, even ecclesiastics both secular and regular; not however those who have come from places where the Holy Office is exercised, unless they have offended in places of missions in which heresies roam with impunity; nor those who have judicially abjured,³ unless they were born where heresies roam with impunity, and after judicial abjuration, having returned there, have relapsed into heresy, and these in the forum of conscience only."

16. "Of absolving from all censures in the Constitution Apostolicae Sedis moderationi, dated October 12, 1869, reserved to the Roman Pontiff even in a special manner, excepted the absolution of an accomplice in a shameful sin."⁴

17. "Of conceding a plenary indulgence to those first converted from heresy, and also to any faithful whatsoever at the point of death, at least contrite, if they shall not be able to confess."

18. "Of conceding a plenary indulgence in the prayer of forty hours, to be announced three times in the year on days agreeable to the bishop, to those contrite and confessed and refreshed by sacred communion, if nevertheless from the concourse of the people and the exposition of the Most Holy Sacrament there is no probable suspicion of sacrilege by heretics and infidels, or of offense by magistrates."

19. "Of gaining for themselves the same indulgences."

20. "On each Monday not impeded by an office of nine lessons, or, if impeded by these, on the immediately following day, of celebrating a Mass de requie on any altar whatsoever, even portable, and of freeing souls according to their intention from the pains of purgatory by way of suffrage."

21. "Of keeping and reading, but not however of conceding to others, except for a time and only to those priests whom he knows to be especially suitable and honorable, prohibited books, excepted the works of Dupuy, Volney, M. Reghellini, Pigault, le Brun, De Potter, Bontham, J. A. Dulaure, Fetes et courtisanes de la Grece, Novelle of Casti, and other works treating professedly of obscene things and against Religion."⁵

22. "Of placing regulars over parishes, and of deputing to them their vicars in defect of seculars, with the consent however of their superiors."

23. "Of celebrating twice in the day, if necessity urges, yet in such a way that in the first Mass he has not taken the ablution, - for one hour before dawn and another after noon, - without a minister,

• and under the open sky and under the earth, yet in a decent place, - even if the altar is broken or without relics of saints, - and with heretics, schismatics, infidels, and excommunicates present, - if otherwise it cannot be celebrated. But let him beware lest he use the aforesaid faculty or dispensation of celebrating twice in the day otherwise than from most grave causes and most rarely; in which matter his conscience is gravely burdened. But if it has seemed good to communicate this same faculty to another priest according to the power to be placed below, or to approve the causes of using it for someone who has obtained this faculty from the Holy See, it is seriously enjoined upon his conscience that he communicate the same, or respectively approve the causes, to a few only, and those of more mature prudence and zeal and who are absolutely necessary, nor for any place whatever, but where grave necessity has required, and for a brief time."⁶

24. "Of carrying the Most Holy Sacrament secretly to the sick without light, and of keeping it without the same for the same sick persons, yet in a decent place, if there is danger of sacrilege from heretics or infidels."

25. "Of clothing himself in secular garments, if otherwise they cannot either pass over to the places committed to their care or remain in them."

26. "Of reciting the rosary or other prayers, if they cannot carry the breviary with them, or are not able to recite the divine office because of some legitimate impediment."

27. "Of dispensing, when it shall seem expedient, concerning the eating of meats, eggs, and milk foods in the time of fasts and Lent." See Benedict XIV, Constitution Libentissime, June 10, 1745, § Insula, whence it is clear that here the faculty is given of dispensing only particular persons. (Z) p. 478.

28. "Of communicating the aforesaid faculties, not however those which require the Episcopal Order, or are exercised not without the use of Sacred Oils, to suitable priests who will labor in their dioceses, and especially at the time of their death, so that, the see being vacant, there may be someone who can supply until the Apostolic See, having been made more certain, which ought to be done as soon as possible, provides in another way through delegates or through one of them; to which delegates by Apostolic authority the faculty is conceded, the see being vacant and in a case of necessity, of consecrating chalices, patens, and portable altars with Sacred Oils, blessed however by a Bishop."⁷

29. "And the aforesaid faculties are to be exercised gratis and without any payment, and are to be understood to have been granted only for a ten-year period,⁸ nor can he use them outside the boundaries of his diocese."⁹

1. "Of reciting privately, a legitimate cause concurring, Matins with Lauds of the following day immediately after two hours have elapsed after noon, and of communicating the same faculty to ecclesiastical men, whether secular or regular."

2. "Of retaining and reading books prohibited by the Apostolic See, even those professedly dealing against Religion, for the purpose of refuting them; yet let him diligently guard them lest they come into the hands of others, excepted those professedly astrological, judicial, superstitious, and obscene; and of conceding the same faculty also to others, sparingly however, and provided that he can prudently presume that they will suffer no detriment from reading of this kind."

3. "Of dispensing with Deacons of either clergy concerning a defect of age of fourteen months, so that they can be promoted to the Priesthood, if otherwise they shall be suitable."

4. "Of permitting parish priests subject to him, provided a just and legitimate cause concurs, that on those feast days on which the Faithful have been released by Apostolic authority from the obligation of hearing Mass, they themselves may be able to abstain from application for the people, provided that they pray specially for the same people in Mass of this kind."

5. "Of permitting Catholics subject to him that on Fridays, Saturdays, and other days on which the eating of meats is forbidden, they may be able to provide meats to non-Catholics, if it should happen that they are at their table, provided however that contempt of the ecclesiastical law is absent and they use a faculty of this kind soberly and with much circumspection, lest scandal be cast upon Catholics or heterodox persons."

6. "Of deputing some priest in places subject to him with the faculty of consecrating chalices, patens, and altar stones according to the form prescribed in the Roman Pontifical, yet using Sacred Oils blessed by a Catholic Bishop."

7. "Of imparting four times in the year, within the boundaries of his diocese, on the more solemn feasts, the Papal Blessing according to the formula printed in type and inserted, with a plenary indulgence to be gained by those who, truly penitent, confessed, and refreshed by Sacred Communion, have been present at the same Blessing and have prayed to God for the propagation of the Holy Faith and the exaltation of the Holy Roman Church." The Pontifical has the formula, part 3, p. 291, Mechlin edition, 1862.

8. "Of declaring one altar in any church of his diocese to be privileged, provided another privileged altar is not present, for all Sacrifices of the Mass which will be celebrated on the same altar by any presbyter whatsoever, secular or regular of any order."

9. "Of blessing rosaries, crosses, sacred medals, and of applying indulgences to them according to the sheet printed in type and inserted,¹⁰ and also of erecting Confraternities of the Blessed Virgin Mary of Mount Carmel, of the Most Holy Rosary, and of a Good Death, with application of all indulgences and privileges which the Supreme Pontiffs have imparted to the same Confraternities; with the power moreover added of communicating these faculties to presbyters engaged in the sacred ministry."

10. "Of erecting in places of his diocese in which Franciscan Fathers are not present the pious exercise of the Way of the Cross, with application of all indulgences and privileges which the Supreme Pontiffs have imparted to those performing an exercise of this kind, with the power moreover added of communicating this faculty to presbyters engaged in the sacred ministry."

11. "Of promoting Clerics subject to him to the Subdiaconate and other Major Orders up to and including the Presbyterate by title of mission, an oath however having been furnished by the same Clerics before they are ordained Subdeacons, by which they promise, after the manner of Pontifical alumni, that they will perpetually serve their diocese or mission."¹¹ (kk) p. 473.

12. "Of delegating the blessing of bells, whenever they themselves cannot perform it without grave inconvenience, to priests agreeable to him, the rite of the Roman Pontifical having been observed, and Oils and water blessed by a Bishop having been used; and also without water blessed by a Bishop, if a grave cause concurs."

13. "And the aforesaid faculties are to be exercised gratis and without any payment, nor can he use them outside the boundaries of his diocese."

1. "Of dispensing concerning the impediment of spiritual relationship between the one lifting and the one lifted."

2. "Of dispensing in occult cases and in the forum of conscience only concerning the first and second degree, simple and mixed, of affinity arising from illicit copula, in a line either collateral or even direct, provided that, if there is question of the direct line, no doubt underlies that the spouse can be the offspring begotten by the other of the contracting parties, both in marriages contracted knowingly or ignorantly, and in marriages to be contracted."

3. "Of dispensing with subjects, excepted Italians concerning whom it is not established that they have wholly deserted an Italian domicile, and excepted moreover the case of marriage with a Jewish man or woman, concerning the impediment of disparity of worship, insofar as it can be done without insult to the Creator, and provided that there is complete caution concerning the conditions prescribed by the Church, and especially concerning removing from the Catholic spouse the danger of perversion, and concerning the conversion of the infidel spouse to be cared for according to strength, and concerning the whole offspring of either sex to be educated altogether in the holiness of the Catholic Religion; the instruction printed in type and annexed being observed in the rest."¹²

4. "Of dispensing with his subjects, excepted Italians concerning whom it is not established that they have wholly deserted an Italian domicile, concerning the impeding impediment of mixed Religion, provided that there is complete caution concerning the conditions prescribed by the Church as in the preceding No. 3."¹³

5. "Of dispensing in mixed marriages already contracted, not likewise in those to be contracted, concerning degrees of consanguinity and affinity concerning which he has already obtained Apostolic faculty for Catholics, insofar as the Catholic party, previous absolution from the guilt of incest and censures having been given, can contract marriage anew duly and legitimately with the non-Catholic party, and the offspring received and to be received be declared legitimate, provided that there is complete caution concerning the conditions prescribed by the Church as in the preceding No. 3."

6. "Of sanating in the root marriages contracted, when it is found that there was present a diriment impediment concerning which he himself can dispense from the indult of the Apostolic See, and there would be great inconvenience in requiring renewal of consent from the innocent party; the party conscious of the impediment having nevertheless been admonished concerning the effect of this sanation."

7. "Of absolving the contracting parties in all and each of the cases set forth above, provided there is need, from the guilt of incest and from censures, a suitable salutary penance having been imposed according to the measure of the faults, and of declaring the offspring received and to be received legitimate."

8. "Of subdelegating the present faculties to his Vicars General whenever he must be absent from his own residence beyond a day, and to two or three presbyters agreeable to him in the more remote places of his own diocese, for some number however of the more urgent cases in which recourse to himself cannot be had." (44) T. II, p. 427.

"But His Holiness willed and altogether commanded that the aforesaid Bishop use the above faculties only when just and grave causes accede, and gratis, some suitable alms nevertheless having been enjoined, to be disbursed for a pious work at the judgment of the Bishop himself; and that, the ten-year period having elapsed" (today five-year period), "he ought to make the Apostolic See more certain concerning each dispensation granted."

"Of dispensing in either forum with Catholics subject to his jurisdiction, in marriages whether contracted or to be contracted, concerning the following impediments":

1. "Concerning the impediment of the first degree of affinity in the collateral line arising from licit copula, for" (e.g., ten) "cases."¹⁴

2. "Concerning the impediment of the second degree of consanguinity or affinity mixed with the first in the transverse line, for" (e.g., sixty) "cases."

3. "Concerning the impediment of the second degree of consanguinity or affinity in an equal transverse line, for" (e.g., one hundred) "cases."

4. "Concerning the public impediment of the first degree of affinity, arising from illicit copula, in a line either collateral or even direct, for" (e.g., thirty) "cases, provided that if there is question of the direct line, there is no underlying doubt that the spouse is the offspring begotten by the other of the contracting parties."

"Moreover His Holiness granted to the aforesaid Bishop, in all and each of the cases set forth above, the faculty of absolving the contracting parties, provided there is need, from the guilt of incest and censures, a suitable salutary penance having been imposed according to the measure of the faults, and of declaring legitimate offspring both received and to be received."

"But the same His Holiness willed and altogether commanded that the aforesaid Bishop use these same faculties only when most urgent causes concur, and gratis, some alms nevertheless having been enjoined to be disbursed for a pious work at the judgment of the Bishop himself."

"Finally the Most Holy Father gave the same Bishop the power of subdelegating the aforesaid faculties to his Vicars General, whenever he must be absent from his own residence beyond a day, and to two or three presbyters agreeable to him in the more remote places of his own diocese, for some number however of the more urgent cases in which recourse to himself cannot be had." (44) T. II, p. 427.

A. Ordinary Faculties, called Formula I, which are distinguished from the others because, 1° all, and consequently also those matrimonial dispensations which are granted by force of them, are to be exercised gratis;¹⁵ 2° Bishops can communicate them indiscriminately to all "suitable priests who will labor in their dioceses," excepted however those "which require the Episcopal Order, or are exercised not without the use of Sacred Oils," and the faculty of celebrating twice in the day, which they can subdelegate "to a few only ... and those who are absolutely necessary."

B. Extraordinary Faculties, called C. Bishops also can communicate these indiscriminately to all priests laboring in their diocese, excepted the following: 1° "Of consecrating chalices, patens, and altar stones ... with Sacred Oils blessed by a Catholic Bishop," which they can delegate only for an act, or to one or another priest in places subject to them. 2° Of imparting the Papal Blessing four times in the year on the more solemn feasts. 3° "Of declaring one altar in any church of his diocese to be privileged, provided another privileged altar is not present." 4° Of blessing bells, unless when "they themselves without grave inconvenience" cannot perform that act, and then "the rite of the Roman Pontifical having been observed, and Oils and water blessed by a Bishop having been used, and also without water blessed by a Bishop, if a grave cause concurs."

C. Extraordinary Faculties, called D. These, 1° all pertain to matrimonial dispensations. 2° They can be subdelegated "only to Vicars General," provided the Bishops "must be absent from their own residence beyond a day, and to two or three presbyters agreeable to them in the more remote places of their own diocese, for some number however of the more urgent cases in which recourse to them cannot be had." 3° They are to be exercised only when just and grave causes accede, and although gratis, 4° "some suitable alms nevertheless having been enjoined, to be disbursed for a pious work at the judgment of the Bishop himself." 5° "After the ten-year period has elapsed" (today five-year period), Bishops must "make the Apostolic See more certain concerning each dispensation."

D. Extraordinary Faculties, called E. These also, 1° all pertain to matrimonial dispensations. 2° They can be subdelegated only to those to whom Extraordinary Faculties D can be subdelegated. 3° Most urgent causes are required. 4° They are granted to Bishops only for a certain number of cases. 5° Those things are to be observed which above, 4° and 5°, are prescribed to be observed as to Extraordinary Faculties D.