Article III: On The Manner Of Obtaining Dispensation

2051. A dispensation is obtained through supplicatory Letters directed to the DATARY or to the S. PENITENTIARY, according as there is question of dispensation for the external forum or for the internal forum (cf. n. 2043). - If the Bishop, by force of an Indult or of quasi-ordinary power, can dispense, recourse is to be made to him, observing the same things which must be observed before the Roman Curia (cf. n. 2047, 1).

Dispensation for the EXTERNAL forum is sought by the parish priest, through the mediation of the episcopal Curia, to which also the response of the Roman Tribunal, to be communicated to the parties, is directed.

Dispensation for the INTERNAL forum is sought by the confessor, through the mediation of the episcopal Curia, if nothing prevents, but by letters closed and secured by seal; but by direct recourse to the S. Penitentiary if there is danger of otherwise injuring the sacramental seal in some way.

Dispensation is sought in the name of the Orators: even without their knowledge, if reason persuades it.

"But now," again bringing forward the words of the aforesaid INSTRUCTION of S. C. de Propaganda Fide, "let us come to those things which, besides the causes, must be EXPRESSED in the supplicatory letters for obtaining dispensation, by law or custom or the style of the Curia, so that, if even ignorantly the truth is kept silent or falsity is narrated, the dispensation is rendered null. - These things are:

"1. The name and surname of the orators, each to be written distinctly and clearly and without any abbreviation of letters." [If an error in the name is accidental, so that the identity of the person is indubitably established, it is not a cause of nullity; but otherwise new recourse is required. Dispensation for the internal forum is sought under fictitious names.]

"2. The diocese of origin or of actual domicile. When the orators have domicile outside the diocese of origin, they can, if they wish, seek that the dispensation be sent to the Ordinary of the diocese in which they now live." [Mention of the diocese of the orators is not to be made in a supplication to the S. Penitentiary for the forum of conscience.]

"3. Also the lowest species of the impediment, whether it is consanguinity or affinity, arisen from licit or illicit intercourse; public honesty deriving origin from betrothals or ratified matrimony; in the impediment of crime, whether it came from conjugicide with promise of matrimony, or from conjugicide with adultery, or from adultery alone with promise of matrimony; in spiritual cognation, whether it is between the one lifting and the one lifted, or between the one lifting and the parent of the one lifted." [Error in species renders the dispensation invalid.]

"4. The degree of consanguinity or affinity or honesty from ratified matrimony, and whether it is simple or mixed; not only the more remote, but also the nearer; and also the line, whether it is direct or transverse; likewise, whether the orators are joined by a double bond of consanguinity, both on the father's side and on the mother's side." [In an unequal line, if the nearer degree is the first, it must also be expressed whether the bridegroom or bride is nearer to the stock: for it is dispensed with more difficulty that a grandson marry an aunt than that an uncle marry a niece. If an error increases the gravity of the impediment, it is not a cause of nullity; but otherwise, if it diminishes it. Hence, when a lesser degree is expressed for a greater, the dispensation is invalid; but when a greater is expressed for a lesser, it is commonly affirmed valid.]

"5. The number of impediments, for example if there is present double or multiple consanguinity or affinity; or if besides cognation there is also affinity or any other impediment whether diriment or impedient... Yet in seeking dispensation concerning the impediment of affinity of the first or second degree of the collateral line, if the impediment arises not only from matrimony consummated with the deceased spouse of the orator or oratrix, but also from ante-matrimonial or fornicary intercourse perpetrated with the same deceased person before entering matrimony with that person: it is not necessary that mention be made of illicit intercourse of this kind, as is clear from the response of the S. Penitentiary, dated 20 March 1842, approved by Gregory XVI of holy memory, to the Bishop of Namur, which same Tribunal declared to be general by letters dated 10 Dec. 1874."

"6. Various circumstances, namely whether the matrimony is to be contracted or has been contracted; if already contracted, it must be opened whether in good faith, at least on the part of one, or with knowledge of the impediment; likewise, whether denunciations were premised, and according to the form of Trent; or whether in the hope of obtaining dispensation more easily; finally, whether it was consummated, if in bad faith, at least of one party, or with knowledge of the impediment."

"7. Finally, the state of fortune of the orators ought truthfully to be set forth, so that according to the diversity of circumstances, the composition or tax can rightly be determined, or also so that the dispensation may be expedited gratis (cf. n. 2044)."

Note. Formerly, for the validity of dispensation "concerning whatever prohibited degrees of consanguinity, affinity, spiritual and legal cognation, and also of public honesty," "INCESTUOUS INTERCOURSE had between the betrothed before the execution of the dispensation" had to be expressed, "whether before or after its obtaining, whether with the intention of obtaining dispensation more easily, or even such intention being excluded, and whether the intercourse is publicly known, or even occult." Thus from various responses of the Holy Office and S. Penitentiary, and from the cited Instruction of S. C. de Propaganda Fide.¹ But, these and similar Decrees and Declarations having been abrogated, His Holiness Pope Leo XIII, through the Decree of 25 June 1885, established and declared: "matrimonial dispensations to be granted henceforth, even if incestuous intercourse, or the plan and intention of obtaining dispensation more easily through it, have been kept back, are going to be valid."² - Yet sanation of the past is still desired.

2052. Questions. IT IS ASKED 1. How dispensation is to be sought, if SEVERAL impediments concur, some PUBLIC, others OCCULT; or if to a public impediment there is annexed an OCCULT CIRCUMSTANCE necessarily to be declared?

Resp. 1. If the orators consent to manifestation of the matter, dispensation is sought for the external forum, all circumstances being expressed, but mention being made of the consent of the orators.

2. If the orators do not consent to manifestation, which they are by no means obliged to do, since no one is bound to defame himself, recourse is made to the Datary for public impediments, the occult impediments or circumstances being kept back; but recourse is made to the S. Penitentiary for occult impediments or circumstances, yet with the public impediments also set forth at the same time, since all things must be opened before one Tribunal, and mention moreover being made of the relaxation of these already sought or to be sought from the Datary.³ - It is more advisable first to have recourse to the Penitentiary, lest, after dispensation concerning a public impediment has been granted by the Datary and denied by the Penitentiary concerning the occult one, suspicions arise, and the expenses made in the Datary become useless.

IT IS ASKED 2. Whether he needs a NEW DISPENSATION who, after obtaining dispensation concerning an occult impediment of affinity, again had intercourse with the same consanguine of the bride before he married her?

Resp. Negatively, if the dispensation has not yet been fulminated by him to whom it is committed; "because such dispensations do not receive effect from the day of expedition, but from the time of execution." Indeed, if it has already been executed, the S. Penitentiary denies, in the Rescript issued on 21 September 1752, that a new dispensation is required. "The reason is that that affinity has already been removed through the dispensation with regard to this effect of contracting matrimony."⁴ But if he had intercourse with another consanguine of the bride, a new dispensation certainly is required, since a new affinity has been contracted (cf. n. 786).

IT IS ASKED 3. "If someone seeks a SECOND dispensation in the same matter after a first one was previously obtained, whether he ought to express the first?"

Resp. 1. "Affirmatively, when the impediment is from the same crime, because relapse draws the Superior back from dispensing. 2. Negatively, if the impediment is not from some crime, or is from a diverse crime." Thus commonly.⁵

IT IS ASKED 4. Whether a dispensation sought as FOR THE POOR is VALID, if the orators are not poor?

Resp. Affirmatively, as S. C. C. declared on 9 September 1679;⁶ because poverty is not the reason on account of which the dispensation is granted, but on account of which it is granted gratis. Therefore, when the cause of gratuity is lacking, for that reason the cause of dispensation does not fail. Yet false allegation of poverty renders the dispensation INVALID: 1) if it is granted by the Bishop by force of an Indult having the clause: "only in favor of those who are truly poor"; 2) if it is granted by the S. Penitentiary for the external forum; in which case, according to the practice of this S. Tribunal, either another dispensation or sanation is required. Each exception is clear from the declaration of S. C. C., 26 April and 28 June 1873.⁷