§ 2. On Dispensation From Proclamations

Dispensation in matrimonial proclamations, which formerly could be obtained with more difficulty and very rarely, is now obtained with an easier business, as the following will set forth.

2062. Principles. I. The faculty of DISPENSING, from a just cause, in PROCLAMATIONS, belongs to Ordinaries of places. It is established from Trent (sess. 24, cap. 1, de ref. matr.). Concerning this it must be NOTED:

1. By the name Ordinary are understood the Bishop, and, the See being vacant, the capitular Vicar; a Prelate having quasi-episcopal jurisdiction, and more probably also the vicar general, as is very commonly taught (cf. n. 2259).²⁹

2. For dispensing there is required a just cause, i.e. proportioned to the amplitude of the dispensation. - Hence a less grave cause is required for dispensing from only one denunciation; a graver for dispensing from two; but for licitly dispensing from all, "not any obvious and ordinary cause is enough," says Benedict XIV,³⁰ "but a grave, urgent, and most urgent one is required." And it must be noted besides, "that the Bishop, in dispensing in denunciations, is always bound diligently to inquire elsewhere concerning impediments, unless it were commonly established that they are not present."³¹

2063. II. According to the variety of causes, the Ordinary sometimes CAN and sometimes IS BOUND to dispense from proclamations. - It is established from those things which have been said concerning dispensation in the Treatise on Laws (cf. n. 234, 2). - Hence:

1. He can dispense, if the cause is sufficient, and no grave inconvenience from denial is to be feared: for example "if nuptials are to be contracted among magnates; if the betrothed are very old, or very disparate in condition, age, riches, or quality."³²

2. He is bound to dispense, if the cause is urgent, namely if grave common or private damage, spiritual or temporal, is to be avoided; or if the dispensation will conduce to a notable spiritual or temporal good of the community or of some private person. CAUSES of this kind are: 1) Probable fear lest the matrimony be impeded maliciously. 2) Necessity of matrimony for avoiding damage or infamy of the contracting parties or of offspring: for example if concubinarians were reputed spouses; or if defloration preceded, and the bridegroom were now about to die, or about to depart to a distant region, or a change of will in him were feared. 3) The bad will of a bridegroom refusing, after civil matrimony has already been contracted, that three proclamations be made; and similar things.³³

2064. Questions. IT IS ASKED 1. Whether dispensation, when the betrothed are from diverse dioceses, must be obtained from EACH BISHOP?

Resp. The more common opinion today is affirmative, and, the intrinsic reasons being considered, also seems more probable. Yet where contrary custom is in force, it can be observed; but the mandate of free state is altogether required (cf. n. 2048, 1).

IT IS ASKED 2. Whether the PARISH PRIEST can sometimes dispense in denunciations?

Resp. Negatively, "because the parish priest has no jurisdiction in the external forum."³⁴ - Yet very probably authors say that, although the parish priest cannot dispense, nevertheless in cases in which the Bishop is bound to dispense and cannot be approached, he will be able to declare that the precept of proclamations does not oblige, provided he is certain that no impediment is present.³⁵