Appendix III: Formulae For Requesting Dispensations Or Faculties

NB. In these formulae are indicated, by way of example, the causes which occur more frequently: but in the supplicatory petition those very causes must be alleged which really exist in the particular case; otherwise the dispensation will be invalid (cf. n. 2049).

Supplicatory letters are sent to the Bishop, who himself (if he has the faculty) will concede the dispensation, or will take care that it be obtained from the Holy See.

1. For Requesting The Dissolution Of Solemn Betrothals.

Most Illustrious and Most Reverend Lord,

James N. and Anna N. of this parish N., on the day 15 May of the year 1886, contracted solemn betrothals between themselves. But now the bridegroom (or bride) desires to rescind them. Wherefore he/she most humbly supplicates Your Most Illustrious Lordship, that you deign to dissolve them (or to obtain their dissolution from the Holy See). The cause of this resolution is the grave quarrels and lawsuits arisen between the parents of the betrothed persons: or the greatest injury or ignominy inflicted by the bridegroom upon the bride, or conversely, etc.

With the highest reverence and devotion, as is fitting, I remain

Most Illustrious and Most Reverend Lord,

Your Most Illustrious Lordship's most submissive

N. N., Pastor of Church N.

Paris, on the day 1 July 1886.

2. For Requesting Dispensation From SIMPLE VOWS Emitted In Some Religious Congregation.

Most Illustrious and Most Reverend Lord,

Clelia N., 27 years of age, most humbly sets forth to Your Most Illustrious Lordship that, on the day 20 January 1880, in the Congregation of Nuns N., she publicly and in perpetuity emitted the three simple vows of obedience, poverty, and chastity. But since, three months ago, the Superioress freely consenting,² and, as the petitioner testifies, the confessor advising, she departed from that Congregation, she is now sought in honorable matrimony by a pious man.

Wherefore she most humbly supplicates Your Most Illustrious Lordship, that you deign to dispense with her over the said vows (or to obtain dispensation from the Holy See), that she may be able licitly to enter matrimony and to ask and render the conjugal debt. The causes are, both that the return of the petitioner to the Congregation is altogether impossible, and that, since matters have already come to this, the disposition of the petitioner and the manner of her life seem sufficiently to demonstrate that the conjugal state will be more salutary for her than religious life or celibate life in the world.

I testify etc. as in the following formula.

3. For Requesting Dispensation Over An Impediment Of KINSHIP, AFFINITY, Etc., For Matrimony To Be Contracted.

Most Illustrious and Most Reverend Lord,

Livius N., 30 years of age, and Clara N., 25 years of age, of the Diocese N., from the Parish N., desire to enter matrimony between themselves. But there stands in the way the impediment of affinity of the first degree of the equal line, because the petitioner intends to marry the brother of her deceased husband; or of consanguinity of the third and second unequal degree, of the collateral line, as is clear from the appended schema;³ or of spiritual kinship, because the male petitioner received the offspring of the female petitioner in Baptism, or held it in Confirmation.

Wherefore they most humbly supplicate Your Most Illustrious Lordship, that you deign to dispense over these impediments (or to procure a dispensation from the Holy See), since it cannot be that the matrimony not be contracted; or because the female petitioner, burdened with two minor children, needs the help of a man, and the male petitioner is said to be especially suitable for this; or because occult carnal copula was admitted only because of mad lust; or because the petitioners confess that they committed the same copula in hope of more easily obtaining a dispensation, and from which offspring is believed to have been conceived; or for repairing, avoiding, preventing damages; or because so grave and continual a danger of sins is present between them, that this matrimony of theirs must be held as the only (or necessary, very opportune) remedy of salvation; or because attempts to turn them away from this matrimony have become altogether useless; or because there is a founded fear lest, if dispensation is denied, they may complete the civil forms only; or because they are now about to contract, as they say, civil matrimony, etc.

I testify that the petitioners, worshipers of the Catholic faith, are of such wealth that in all they possess about 3000, 4000, 50,000 francs in reality and as many in expectation; or that they are so poor and miserable that, living by the labor of their hands alone, they can pay no tax. Nevertheless they will pay 12, 15, 20 francs for the expenses to be made at Rome, which they have deposited with me.

With the highest, as is fitting, etc.

N. N., Pastor N.

At place N., on the day 25 Feb. 1886.

4. - For Requesting Dispensation Over The Impediment Of MIXED RELIGION.

Most Illustrious and Most Reverend Lord,

Tullia N., Roman Catholic, 30 years of age, of this parish N., desires to enter matrimony with Albert N. from region N., attached to the Lutheran sect, and persevering in his errors at least up to this point.

The non-Catholic party before me, as is clear from the declaration appended to this petition, promised under faith of oath that all infants of either sex to be born from that matrimony are to be baptized and educated in the Roman Catholic faith, and that to them, as also to the other party, the exercise of the Roman Catholic religion will be altogether free. Besides, the Catholic party promised that she will take care according to her powers that, insofar as it will be in her, the man be converted to the true faith. Wherefore she most humbly supplicates Your Most Illustrious Lordship, that for her over this impediment a dispensation of the Holy See be procured because of the following causes: First, the attempts that the Petitioner renounce such matrimony are vain; second, because the civil forms concerning matrimony are certainly soon to be fulfilled; third, because there is a founded hope of the conversion of the non-Catholic party, etc. The Catholic party has already deposited with me 25 francs for the expenses to be made.

With the highest, as is fitting, etc.

Formula Of The Declaration Of The Non-Catholic Party.

"I the undersigned, dwelling in N., declare with oath, first, that the sons of each sex to be born from my matrimony with N. N., a Roman Catholic, will be baptized in the Roman Catholic religion; second, that I will always permit to my said consort and to all my sons and daughters the free exercise of Roman Catholic worship.

"In faith of this I have subscribed this present declaration by my own hand."

N. N.

Letters are sent to the Most Eminent Cardinal Prefect of the SACRED PENITENTIARY, either directly, or through the diocesan Curia. This intervention of the Curia can be used, if no danger of undue manifestation underlies it. - Nevertheless let the letters be closed and sealed, as the Sacred Penitentiary recently admonished. - But they are to be inscribed:

To the Most Eminent and Most Reverend Lord

Lord Cardinal Major Penitentiary.

Or in French: To His Eminence the Cardinal Grand Penitentiary, Rome.

1. For Requesting The Dissolution Of Occult BETROTHALS.

Most Eminent and Most Reverend Lord,

Peter and Mary inconsiderately contracted occult betrothals. But once it has been discovered that Peter, whom she had not sufficiently known, is ruined in morals, and her mind has been totally alienated from the said Peter, so that in no way does she wish to marry him, and the matrimony would probably be unhappy, Mary requests that dispensation be given to her concerning the occult betrothals, that she may be able freely to enter another matrimony.

May Your Eminence deign to direct the response to me, the undersigned, her confessor, as follows: (let the exact address of the Response be given. - If recourse has been made through the diocesan Curia, he will say thus: May you deign... to direct, through the agent of the episcopal Curia N... in the City).

Reverently kissing the hands of Your Eminence, with the highest devotion, as is fitting, I remain

Your Eminence's

Most obedient and most devoted

N. N.

Paris, on the day...

2. For Requesting Dispensation From A Vow.

Most Eminent and Most Reverend Lord,

Berta, twenty years old, vowed perpetual chastity (OR entrance into an approved Religion). But since she is in grave danger of incontinence, and because of the immense stimuli of the flesh distrusts that she can conduct a continent life, she most humbly supplicates for commutation or dispensation of the vow, that thence she may be able to enter matrimony, an opportune occasion of which offers itself to her.

May you deign, etc.

3. For Requesting Dispensation Over An OCCULT Impediment, For Matrimony To Be CONTRACTED.

Most Eminent and Most Reverend Lord,

Julius intends to enter matrimony with Titia, and the negotiation concerning this is already known to all. But there stands in the way the impediment of AFFINITY from illicit copula with Caja, sister of Titia, and indeed occult; or: there stands in the way the impediment of CRIME arisen from carnal copula had between them, while the matrimony of Julius with his prior wife stood, with a promise of matrimony given and accepted, neither however plotting; or with the plotting of each against the life of Berta, wife of Julius; or with the plotting of Julius alone against the life of his wife; which promise was the true cause of the spouse-killing: which impediment is altogether occult, nor is it feared that it will be manifested.

Wherefore they most humbly supplicate Your Eminence, that you deign to dispense with them over that impediment, that they may be able to enter matrimony, both because all things have been prepared for matrimony, so that they cannot rescind the negotiation without scandal, and because the civil forms have already been fulfilled, and because now the time of childbirth is at hand, etc.

May you deign, etc.

4. For Requesting Dispensation Over TWO Impediments, One PUBLIC, The Other OCCULT.

Most Eminent and Most Reverend Lord,

Publius and Augusta, consanguineous in the second degree, conquered by mad lust, had intercourse with each other. But since Augusta is now sought in matrimony by Tullius, brother of Publius, she desires to marry him, both because she is of superadult age, namely twenty-six years old, and because from this union harmony of families will probably come about.

Wherefore the female petitioner supplicates that, notwithstanding the said affinity from illicit copula, dispensation over the consanguinity having first been obtained, she may be able licitly and validly to contract matrimony with the same Tullius, and to remain in it once contracted.

May you deign, etc.

5. For Requesting Convalidation Of An INVALID DISPENSATION, On Account Of The Defect Of Subreption Or Obreption.

Most Eminent and Most Reverend Lord,

Sempronius and Tertia intend to enter matrimony with a dispensation of the Holy See obtained and fulminated over the impediment of consanguinity of the second degree of the equal collateral line. But the said dispensation remains null on account of an occult impediment because of illicit copula with Caja, sister of Tertia; or on account of falsely alleged copula, without fault of the petitioners, etc.

Wherefore they most humbly supplicate Your Eminence, that for that dispensation obtained, but invalid, you deign to concede the grace Perinde valere. The causes are, both because there is founded fear lest they fulfill the civil forms only, and because otherwise scandals and most grave evils would follow, etc.

May you deign, etc.

6. For Requesting Dispensation Over An Occult Impediment For REVALIDATING A Contracted Matrimony.

Most Eminent and Most Reverend Lord,

Caja, conscious (or ignorant) of the impediment, contracted in the face of the Church with Titius, by whose brother she had already been known. Wherefore, since they cannot be separated without scandal or damage to offspring, and the impediment is occult, she most humbly supplicates for the remedy of absolution and dispensation.

May you deign, etc.

7. For Requesting Dispensation IN RADICE.

Most Eminent and Most Reverend Lord,

Lucretia contracted and consummated matrimony in the face of the Church with the true and sincere consent of Valerius, which is asserted still to persevere. But the matrimony is invalid on account of fornicating copula with the brother of Valerius, of which impediment Valerius is altogether unaware. The impediment is altogether occult, nor is it feared that it will be manifested; and concerning it no dispensation was requested. The petitioner with foundation fears lest, if renewal of consent is asked from the putative spouse in whatever manner, he refuse. Wherefore the petitioner, who desires duly to remain in the marriage, and to legitimate the offspring, humbly supplicates Your Eminence that you deign to procure from the Supreme Pontiff a dispensation in the root of the aforesaid matrimony, or a sanation, but that the response be directed to me the undersigned, etc.

8. For Requesting Absolution From Censures.

Titius, a priest (or pastor), sacrilegiously absolved (or pretended to absolve) one female penitent (or two, three, etc.) an accomplice in a base sin, once (or twice, thrice, etc.). Thereafter, although knowingly entangled in excommunication, he continued for fifteen days to celebrate Mass and administer the Sacraments. But now, sincerely penitent for his offenses, and the occasion of sin removed, he most humbly supplicates for the remedy of absolution and dispensation. - (NB. If he had already been absolved at another time and had relapsed, this ought to be expressed.)

May you deign, etc.

9. - For Requesting Dispensation Over An Irregularity.

Titius, a priest, has incurred an IRREGULARITY on account of occult homicide (or abortion, or violation of censure, etc.), and since danger of infamy threatens him if he abstains from celebrating, therefore he supplicates, etc. (as above) (H. A. XVIII, 87).

NB. The petition is directed either to the Bishop, or to the Sacred Penitentiary according to the diversity of the case; indeed, to the Datary, if the case is public.

10. - For Requesting The Faculty Of Absolving From Reserved Cases.

Most Reverend Vicar General,

Having recently been approved for two years by the Most Reverend Ordinary for receiving the confessions of the faithful, while I was furnishing ears to those confessing, a reserved case occurred to me; and since it seems expedient that the penitent return to me, by these letters I humbly supplicate that the aforesaid faculty be conceded to me, at least for this and a few occasions.

Or in the following manner:

Since on account of the frequent concourse of people the penitents, otherwise duly disposed, can scarcely be dismissed without absolution and approach another confessor, I humbly supplicate, etc.

Or also:

Although I am approved for absolving from cases reserved by the Most Reverend Ordinary, nevertheless a case occurred to me specially excepted in the letters of approbation. Since the penitent otherwise is duly disposed, yet I ought to fear lest he shrink from presenting himself, for the grace of absolution, before one having a faculty of this kind, by these letters I most humbly ask the Most Reverend Vicar General, that he deign to grant to me this special power of absolving for this occasion (or: for a few occasions), etc.

NB. Other FORMULAE are found in Jos. Schneider, Manuale sacerd., Appendix I.