Article — Merkelbach, Pastoral Questions
Article IV: Concerning the Petition for Dispensation
I. Who should petition, and to whom the petition should be directed.
- a) For obtaining a dispensation in the external forum from the Holy See.
The parish priest, in the name of the petitioners, composes the supplicatory libellus and transmits it to the local Ordinary, so that the Ordinary himself, adding his own commendation, may transmit it to the competent Sacred Congregation in Rome.
Or the parish priest sets forth the whole matter to the Ordinary, who himself will compose the libellus and send it to Rome.
- b) For obtaining a dispensation in the internal forum from the Holy See.
The confessor directly seeks the dispensation from the Sacred Penitentiary, in the name of the petitioners with supposed names. Or he transmits the libellus to Rome through the Ordinary. Or he also asks the Ordinary himself to compose the libellus and send it to the Sacred Penitentiary.
But the petition can never be directed to the Ordinary when there is danger of violating sacramental or other secrecy.
- c) For obtaining a dispensation from the Bishop:
The parish priest, if for the external forum, or the confessor, if for the internal forum, has recourse to the Bishop, secrecy always being preserved if there is question of the internal forum.
- d) In practice, unless the necessity of preserving secrecy stands in the way, it is always preferable to have recourse through the Bishop. For perhaps he himself has the faculty, at least delegated, of dispensing. And, if he does not have it, he will transmit the libellus to Rome.
- e) The Ordinary to whom the petition must be directed is the Ordinary of the domicile or quasi-domicile or actual stay of the betrothed persons.
- f) If the betrothed persons are of diverse dioceses, a dispensation granted by the Bishop of either betrothed person suffices, if he has the faculty of dispensing from a special indult.
II. What the supplicatory libellus should contain.
- a) To the Holy See for the external forum.
The following must necessarily be expressed:
- The name and surname of the petitioners, to be written distinctly and neatly, and without any abbreviation of letters.
- The diocese of domicile or quasi-domicile of the petitioners, or, if there is question of vagi, of actual stay.
- The lowest species of the impediment.
- The number of impediments.
- The various circumstances:
Whether there is question of matrimony to be contracted or already contracted; if already contracted, whether in good faith, at least on one side, or with knowledge of the impediment; whether, the denunciations having been premised and according to the prescribed form; whether it has been consummated.
- The causes of dispensation.
- The pecuniary status of the petitioners, so that the tax may be determined or so that dispensation may be granted gratis.
- b) To the Sacred Penitentiary for the internal forum.
- If the petition is made for the sacramental forum, let anything that could lead to knowledge of the petitioners be carefully avoided, and let fictitious names be used. As to the rest, let the same be observed as for dispensation in the external forum. (n. 204.)
- Even if there is question of the internal non-sacramental forum, neither the names nor the place of the petitioners are to be expressed, unless when the dispensation is to be noted in the secret book of the Sacred Penitentiary.
- c) To the Ordinary.
- In a libellus for the external forum the style of the curia must be observed as to substantial things for the validity of the dispensation. As to other things, for liceity if the Ordinary dispenses from delegated power, and only for suitability if he dispenses from ordinary power.
- For the sacramental forum, the same cautions must be used as in recourse to the Sacred Penitentiary. (n. 202, 1.)