§ 3. On the Interpretation and Use of Dispensation

242. I. INTERPRETATION, in the matter of dispensation, is made according to the following rules:

1. THE POWER OF DISPENSING, even delegated, since it is favorable to the public good, is to be interpreted BROADLY (cf. n. 253, 2.). Except if it has been conceded to someone by way of commission for a certain case; because then it falls back into the dispensation itself, and must be interpreted in the same way as that (I, 187).

He who has received the faculty of dispensing as a missionary can use it for the whole time of the missions, even on the journey; he who has obtained it as a confessor can exercise it even outside Confession, but only toward those over whom he possesses jurisdiction of the internal forum (Noldin, I, n. 166). Some add that the confessor can do this also in favor of travelers.

2. THE DISPENSATION ITSELF, since it is odious and a wound of the law, is to be taken STRICTLY. Whence if it is doubted whether a dispensation extends to these or those circumstances, it is judged not to extend. Except, "unless the dispensation is owed, or is from the motion proper of the prince, or is inserted in the Body of Law, or finally unless it is conceded to a community, for the common good." For in these cases it is held for a favor and must be taken broadly (I, 194). See the very useful case in Lehmkuhl, Cas. consc., I, n. 120.

A dispensation is said to be given motu proprio when it is conceded with no preceding petition, or at least independently of it, if any perhaps preceded. Now indeed: 1. If no petition at all preceded, a dispensation conceded motu proprio is to be interpreted in such a way that it is held valid, even if in the rescript of the Superior some true circumstance, and otherwise necessarily to be expressed, is kept silent.

2. If some petition preceded, it is controverted whether the clause motu proprio has the aforesaid efficacy (cf. Salmant., tr. 18, c. I, n. 73-80).

243. II. As regards the USE of dispensation, it must be noted that this use is sometimes defined by a determined place, and sometimes is circumscribed by no limits. For just as there are given local laws and personal laws, so there are given also local dispensations and personal dispensations.

1. If a dispensation has been given for some determined place, for example, if some diocese has been dispensed from a law which obliges Christians within Lent to abstain from eggs and milk foods, all who are staying in that diocese can use the dispensation, whether they are inhabitants, travelers, or wanderers; but no one outside the territory of the diocese. The reason is, because the dispensation was conceded from a special necessity of the diocese, and therefore as it were adheres to the diocese.

2. If someone personally has been dispensed in a universal law, either by the legislator himself or by his delegate, he can use the dispensation everywhere. Thus, for example, one dispensed by his Bishop in the law of abstinence can eat meat even outside his own diocese. The reason is, because the Bishop dispensed in the name of universal authority, and because the dispensation conceded is judged to have been conceded on account of a personal motive, which clings to the bones (cf. n. 1247).

244. IT IS ASKED. Whether he sins who uses a dispensation indeed VALID, but ILLICITLY obtained?

Resp. Probably he does not sin; because, although he acted fraudulently, for example, by mendaciously setting forth impulsive causes, or by striking unjust fear, nevertheless since the dispensation is valid on account of a motive cause, as is supposed, he himself is now no longer under the law (I, 178; H. Ap., II, 46).