§ 1. Concerning the Power of the Roman Pontiff

180. • I. Scope of his power.

a) His power of dispensing extends to all impediments of ecclesiastical law. For the supreme legislator of the Church, by that very fact, can dispense in any law of the Church.

b) Neither the Pope nor any man can dispense from impediments of absolute divine law, whether natural or positive.

c) But if the impediment arises from an obligation freely undertaken, which is not altogether indissoluble from divine law, the Pope, as vicar of Christ, can remove it. And by acting thus he does not properly dispense in divine law, but only improperly, namely by changing the matter of the obligation.

Thus he dispenses from the impediment of vow and from bond, when there is question of a matrimony ratified only.

d) To him alone belongs the declaration of doubtful divine law.

181. • II. Exercise of that power.

a) The Roman Pontiff never dispenses in impediments concerning which it is disputed whether they are of the law of nature or of positive divine law, for example in the impediment of consanguinity in every degree of the direct line and in the first degree of the collateral line.

b) Even with respect to merely ecclesiastical impediments, in practice he does not use his whole faculty of dispensing.

1. He never dispenses in the impediment of the episcopate, and from the impediment of public conjugicide only in danger of death.

2. Very rarely, and only from a most grave cause, does he grant dispensation in the first degree of affinity of the direct line after consummated matrimony, in raptus, and in the presbyterate.

3. Rarely and from a grave cause he dispenses in occult conjugicide, in disparity of worship outside mission regions, in age, sacred order, and solemn profession.

4. More frequently, and on account of less grave causes, in the other impediments of ecclesiastical law.¹

¹ Cfr. Capello, cited work, n. 224.

182. • III. Competence of the Sacred Congregations.

Almost always the Roman Pontiff uses the organ of the Sacred Congregations for dispensing in a matrimonial matter.

a) The Holy Office dispenses any faithful whatsoever from impediments which have a special connection with the faith, i.e., from the impediments of disparity of worship and mixed religion.

b) The Sacred Congregation of Religious dispenses religious from the vow of chastity.

c) The Sacred Congregation for the Discipline of the Sacraments grants all other dispensations for the external forum, provided there is not question of Orientals.

d) The Sacred Congregation for the Oriental Church is competent for all impediments, except those which pertain to the Holy Office, whenever at least one party is of an oriental rite.

e) The Sacred Penitentiary has its jurisdiction extended to all impediments whatever, but only for the internal forum.

1. To the internal forum belongs an impediment occult by nature and by fact.

2. Nevertheless, probably the Sacred Penitentiary is competent also with regard to certain impediments not altogether occult by fact, or indeed public by nature, but occult by fact. Therefore the Sacred Penitentiary can be approached until the Holy See declares otherwise:

1. If, with respect to matrimony to be contracted, the impediment of vow, of crime, and of consanguinity from illicit copula is known to a few and altogether discreet persons (which must be declared in the petition).

2. When there is question of a matrimony contracted, for occult spiritual kinship and consanguinity even in the second degree, "if it has remained occult for at least ten years and the petitioners contracted publicly together and lived together and were held as legitimate spouses."

For such power belonged to the Sacred Penitentiary before the Code, nor is it certain that it has been revoked.²

² Cfr. Vermeersch-Creusen, cited work, n. 304, 4. - Capello, cited work, n. 227.