Article II: On The Causes Of Legitimate Dispensation

2049. Since dispensation is the relaxation of common law, it cannot licitly be granted except on account of a JUST CAUSE, namely one which rests upon the necessity or certain utility of the dispensation itself. Nor without such a cause is the Superior himself ever presumed to wish to dispense, since this cannot be done licitly. Such a dispensation knowingly made would indeed be valid; but the same must not be said of a dispensation granted by an inferior in the law of a Superior, from delegated or quasi-ordinary power; for if a just cause is lacking, the dispensation would not only be illicit, but also invalid (cf. n. 237 and 238).

Nor indeed must every cause be held as just; for the Council of Trent requires a grave cause, and indeed one so much graver as the impediment which stands against the celebrating of nuptials is graver.¹⁴ The PRINCIPAL CAUSES which, according to canonical sanctions, have been accustomed to be held as sufficient are set forth in the Instruction of S. C. de Propaganda Fide, 9 May 1877,¹⁵ in the following manner:

"1. Narrowness of place, whether absolute or relative, only by reason of the oratrix, namely when in the place of origin, or even of domicile, the woman's cognation has been so propagated that she cannot find another of equal condition whom she may marry, unless a consanguine or affine; but for her to leave her country would be hard. [That place is reputed narrow which does not exceed 300 hearths, or 1500 Catholic inhabitants, from the declaration of Pius IX issued on 30 August 1847.¹⁶ Wherefore S. Cong. of the Council declared¹⁷ on 16 Dec. 1876: "Narrowness of place is not to be drawn from the number of hearths of each parish, but from the number of hearths of each place or even of several places, if they are not distant from one another beyond a mile," or 20 minutes.]

"2. The over-adult age of the woman, namely if, having already passed the 24th year of age, she has hitherto not found a man of equal condition whom she can marry. But this cause does not support a widow who desires to pass to other nuptials.

"3. Deficiency or incompetence of dowry, namely if the woman does not actually have so great a dowry that she can marry, in her own place in which she dwells, an outsider of equal condition who is neither consanguine nor affine. Which cause urges more if the woman is altogether undowered, and a consanguine or affine is ready to take her as wife, or even suitably to dower her entirely. [But it is indifferent whether the dowry is offered by the bridegroom or by another, but on the condition that she marry the consanguine or affine.¹⁸]

"4. Lawsuits concerning succession of goods already arisen, or grave or imminent danger of the same. If a woman sustains a grave lawsuit concerning succession of goods of great moment, and there is no other who would take upon himself a lawsuit of this kind and pursue it at his own expense, except the one who desires to take her as wife: dispensation is customarily granted; for it is of interest to the Republic that lawsuits be extinguished. Another cause comes near to this, namely Dowry involved in lawsuits, namely when a woman is destitute of another man by whose aid she can recover her goods. But a cause of this kind suffices only for more remote degrees.

"5. The poverty of a widow who is burdened with numerous offspring, and a man promises to support her. But sometimes by the remedy of dispensation aid is given to a widow for this cause only, that she is younger, and is in danger of incontinence.

"6. The good of peace, under which name come not only treaties between kingdoms and princes, but also the extinction of grave enmities, quarrels, and civil hatreds. This cause is adduced either for extinguishing grave enmities which have arisen among the consanguines and affines of the contracting parties, and which would be altogether settled by the celebration of matrimony; or when grave enmities flourished among the consanguines and affines of the contracting parties, and, although peace has already been entered among them, nevertheless the celebration of matrimony would conduce greatly to the confirmation of that peace.

"7. Excessive, suspect, dangerous familiarity, and also cohabitation under the same roof, which cannot easily be impeded.

"8. Intercourse previously had with a consanguine, or affine, or another person laboring under an impediment, and pregnancy, and therefore legitimization of offspring; namely that provision may be made for the good of the offspring itself, and for the honor of the woman, who otherwise would remain unmarried. This is indeed one of the more urgent causes on account of which dispensation is customarily given even to plebeians, provided the intercourse was not perpetrated under hope of an easier dispensation: which circumstance would have to be expressed in the supplication (cf. n. 2051, end).

"9. Infamy of the woman, arisen from suspicion that she, being too familiar with her consanguine or affine, was known by the same, although the suspicion is false: namely when, unless matrimony is contracted, the woman would remain gravely defamed, or unmarried, or would have to marry a man of unequal condition, or grave harms would arise.

"10. Revalidation of matrimony which was contracted in good faith and publicly, the form of Trent having been observed: because its dissolution can scarcely happen without public scandal, and grave harm, especially of the woman (cap. 7 de consanguin.). But if in bad faith the betrothed entered the nuptials, they by no means deserve the grace of dispensation, as the Council of Trent disposes, sess. 24, cap. 5 de reform. matrim. [Therefore then dispensation is obtained with more difficulty, today nevertheless more easily than formerly.¹⁹]

"11. Danger of mixed matrimony, or of matrimony to be celebrated before a non-Catholic minister. When danger is present that persons wishing to contract matrimony in some degree, even one of the greater degrees, because of denial of dispensation, will approach a non-Catholic minister for celebrating the nuptials, with contempt of the Church's authority: there is found a just cause of dispensing, because there is present not only most grave scandal of the faithful, but also fear of perversion and defection from the faith of those acting in such a way and contemning the impediments of matrimony, especially in regions where heresies rage with impunity... The same must be said of the danger that a Catholic party may dare to celebrate matrimony with a non-Catholic.

"12. Danger of incestuous concubinage. From the Instruction of S. C. of the Holy Office, 14 Aug. 1822, it is clear that the remedy of dispensation is to be applied lest someone grow foul in concubinage with public scandal and evident danger of eternal salvation.

"13. Danger of civil matrimony. From what has been said it follows that the probable danger that those who seek a dispensation, if it is not obtained, will celebrate only civil matrimony, as they say, is a legitimate cause of dispensing.

"14. Removal of grave scandals.

"15. Cessation of public concubinage.

"16. Excellence of merits, when someone has deserved very well of religion, either by fighting against the enemies of the Catholic faith, or by liberality toward the Church, or by doctrine, virtue, or in some other way.

"These are the more common and more powerful CAUSES which are customarily adduced for obtaining matrimonial dispensations."²⁰ - Universally, it is expedient to bring forward all reasons making matrimony desirable, which, if they are not from those enumerated, are called certain reasonable causes.

Dispensation also is sometimes granted without an expressed cause, namely when from a pious work, which is imposed by way of compensation, the cause of dispensation arises.²¹

And here it helps to NOTE that sometimes it happens that one cause, taken separately, is not sufficient, but joined with another is reputed grave, and consequently sufficient; for "things which do not help singly, many together help."²²

2050. Questions. IT IS ASKED 1. Whether when the CAUSE of dispensation CEASES, the dispensation ceases?

Resp. "Affirmatively, if the cause ceases before the dispensation is expedited, or before it is made by the Bishop or by another delegate to whom it has been committed by the Pontiff. But otherwise, if the cause ceases when the dispensation has already been expedited and made by the inferior delegate, even if it ceases before the celebration of matrimony. - The reason is that through dispensation the impediment is now removed, or the law is relaxed, whose obligation, having been extinguished, by no means revives if afterward the cause ceases."²³

IT IS ASKED 2. But what must be said if it is doubted whether a FINAL or IMPULSIVE cause has been falsely alleged; or whether a cause was TRUE or FALSE?

Resp. "In all these and similar doubts, the dispensation must be judged valid, because in doubt one must stand for the validity of the act"²⁴ (cf. n. 240).