Chapter IV: On Dispensation From Diriment Impediments Of Matrimony

2041. Before all things we judge it opportune to premise the genuine signification of words which frequently occur in the matter of dispensations.³¹

1. ORATOR, ORATRIX, EXPONENT, EXPONENTS are called those who seek a dispensation for themselves. - A supplicatory libellus or supplication are the letters by which a dispensation is sought.

The STYLE OF THE CURIA, in this matter, denotes the complex of those things which must be observed in the supplicatory libellus, from the will and practice of the Roman Congregation before which the matter is transacted.

SUBREPTION is the reticence of the true, namely of some circumstance necessarily to be opened. OBREPTION is the expression of the false, for example in the causes alleged which persuade that the dispensation should be granted.

A RESCRIPT of dispensation is called the epistle or letters by which the sought dispensation is granted. CLAUSES are the conditions appended to rescripts, referring both to the executor of the dispensation and to the nupturients themselves; some occur uniformly in all dispensations, others are diverse according to the diversity of impediments.

2. A dispensation FOR THE INTERNAL FORUM, or for the forum of conscience, or for the forum of heaven, is that which is sought under fictitious names, and which effects that the impediment be removed, and that matrimony can be validly contracted; but it does not suffice for proving the celebration of the nuptials before an ecclesiastical judge. The dispensation which they call FOR THE EXTERNAL FORUM, or for the forum of the court, is sought with the names of the orators expressed, and effects that matrimony can be validly contracted, and be proved to have been validly contracted, before an ecclesiastical judge.

3. A dispensation is said to be given in GRATUITOUS FORM, when the ecclesiastical Superior, having been asked to grant the dispensation, applies it directly to the orators by himself. - It is said to be granted in COMMISSORY FORM, when the Superior commits to another the faculty of dispensing with the orators, for example to a parish priest or confessor. A dispensation is given in ordinary form when, on the occasion of the dispensation, a certain sum of money, tax or composition, is to be paid. - It is given in the form of the poor when a money tax is not required; in which case, to the Rescript this clause is customarily added: "provided that the orators are poor and miserable, and live only from labor and industry." For, if they are not poor, they ought to satisfy the established tax.

4. The FULMINATION of a dispensation is called the act by which the impediment is removed. By another name it is also called the application or execution of the dispensation, although this last word also admits a broader signification, according to which it comprehends all things which must be done on the occasion of the fulmination.

5. One impediment is called OCCULT, another PUBLIC; and this distinction indeed is, in the present matter, of the greatest moment.

OCCULT is sometimes taken more strictly, sometimes more broadly:¹ Occult strictly so called, or altogether occult, is that which cannot be proved by two witnesses. Occult broadly so called, or quasi-occult, or occult simply, is that which can be hidden by some tergiversation, even if it can be proved by some witnesses. - But to how many persons an impediment can be known, without thereby ceasing to be OCCULT, must be left to the judgment and sentence of a prudent judge. Especially in this matter, attention must be paid to the circumstances of place and of persons. That is still judged occult which in a town has become known to six persons, in a city to seven or eight. Indeed the S. PENITENTIARY has sometimes held as occult an impediment known to about ten persons. - "Therefore attention must be paid not only to how many persons, but to what sort of persons, the impediment is known: because it can well happen that with respect to five prudent and God-fearing persons who know the impediment, there is altogether no danger of further divulging; and, on the contrary, with respect to two or three, for example talkative persons, or enemies, etc., the danger of divulging may seem truly present, especially if other circumstances also threaten such danger."² But when true danger of divulging is present, the impediment can no longer be held as occult.³

A PUBLIC impediment is that which has so become known that it can no longer be hidden by any tergiversation.

6. Let it be noted: 1) The fact which induces the impediment can be public materially and occult formally: for instance if the fact of killing is known, but culpability lies hidden, because the killing is believed to have happened by chance. And in such a case indeed the impediment is still judged occult. Likewise, if the thing itself is known, but is unknown according to the reason of impediment, that is, if the impediment is not public insofar as it is an impediment, although it is known by two or three persons.⁴ 2) Other impediments by their nature are PUBLIC, such as consanguinity, affinity from licit intercourse, public honesty, spiritual cognation. And although by accident they lie hidden, in order to matrimony to be contracted they must be held as public.

7. CAUSES of dispensation are called some infamous or dishonest, namely those which have origin from the delict of the orators, or which lean upon their defamation; others not infamous or honest, namely those which have no note of either delict or defamation attached to themselves. - These things premised,

We shall treat: 1. of the power of dispensing; 2. of the causes of legitimate dispensation; 3. of the manner of obtaining dispensation; 4. of the things to be observed in executing the same.