Article V: Concerning the Execution of Dispensation

207. • I. When execution is necessary.

a) As was said above at n. 178 d, dispensation can be given in gracious form or in commissory form.

The former form does not require execution, but is valid from the moment of its concession. But if it has been given in commissory form, the dispensation then only exerts effect when it is committed to execution or fulminated by him who has been designated for this office.

b) The Roman Curia is accustomed to grant dispensations in commissory form.

Bishops, however, grant them in gracious form if there is question of a public impediment; in commissory form, if there is question of an occult impediment.

208. • II. Executor.

a) For public impediments the Sacred Congregation is accustomed to designate as executor the Ordinary of the place or of the petitioners. He is the one who composed or commended the supplicatory libellus, even if the nupturients have migrated into another diocese. But then, as is evident, the Ordinary of the diocese in which the matrimony is to be celebrated must be warned.

b) For occult impediments the Sacred Congregation is accustomed to commit execution to a confessor from those approved by the Ordinary.

c) If granted by the Ordinary: for the sacramental forum, to the confessor; for the internal non-sacramental forum, to the parish priest or confessor or other priest who transmitted the petition.

209. • III. Manner of execution.

a) No execution is made unless the executor already has the rescript of dispensation.

b) The executor is bound to attend to and adhere faithfully to all the clauses of the rescript. For omission of any essential condition makes the execution invalid.

c) He is bound, unless there is question of an impediment of lesser grade, to examine whether at the moment of execution the prayers still rest upon truth. Nevertheless, if this inquiry is neglected, the execution does not on that account become invalid, provided that in fact the prayers still rest upon truth.

In the internal forum the petitioner is to be trusted.

d) For the external forum execution is prescribed to be made in writing. Nevertheless it is valid, and, from a grave cause, also licit, if made orally.

For the sacramental forum it must be made by the living voice in the act of confession.

For the internal non-sacramental forum it is generally to be made by the living voice. But sometimes it must be made in writing, namely when the impediment from which dispensation is made is occult by fact, but public by nature. For then the dispensation given and fulminated must be registered in the secret book of the episcopal Curia.

e) The dispensation must be made expressly, by designating the impediment from which dispensation is made and by making mention of the apostolic faculty by force of which the dispensation is granted. This last, however, is not prescribed for validity.

Whether a dispensation given implicitly or tacitly by the executor is invalid is not established.

f) No determinate form is prescribed.

Here is a formula which the executor can use:

"By the apostolic authority specially delegated to me (or, by the authority of the Most Illustrious Bishop of the diocese N. specially delegated to me), I dispense with you upon the impediment (e.g., of affinity in the first degree of the collateral line), so that, it notwithstanding, you may and can freely contract matrimony with the said woman (or said man), the legitimate form having been observed, and remain in it. In the name of the Father... etc."

Or if there is question of convalidating a matrimony already contracted: "...so that, it notwithstanding, you may and can freely contract matrimony anew and remain in it." Or for sanation in the root: "The matrimony contracted nullly by you on account of the impediment (e.g., of crime, neither party plotting) I sanate in the root, and I declare that offspring received and to be received will be legitimate..."

g) If the impediment affects only one party, or is culpable for one party only, dispensation made with that party suffices. Otherwise each party must approach either the same confessor or diverse confessors, and the dispensation is to be fulminated twice. Nevertheless this is not required for validity. Indeed, when a just cause persuades, execution with only one party becomes licit. If there are two confessors, the first hands the rescript to his penitent, after he has fulminated the dispensation for his part, so that it may be transmitted to the other confessor by the other penitent.

h) The rescript of dispensation for the external forum must be preserved in the archive of the episcopal curia, but the decree by which it is fulminated in the parish archive.

i) The rescript for the internal forum is prescribed to be torn up or burned after execution. Except the case of an impediment public by nature but occult by fact. For then, unless there is question of the sacramental forum, the rescript must be preserved in the archive of the episcopal curia, so that it can make proof for the external forum if afterwards the impediment is revealed. (can. 1047.)

210. • IV. Concerning the force of the clauses of the rescript.

a) Clauses introduced by the words if, provided that, or equivalent words pertain to the validity of the dispensation.

b) Those things which are expressed by the ablative pertain to liceity alone, unless from the nature of the matter or the style of the curia they are necessary. Thus the promise concerning the removal of danger to the faith is necessary in dispensation upon disparity of worship or in mixed matrimony. The imposition of penance, removal of scandal, etc., are not necessary.¹

¹ Vermeersch-Creusen, cited work, t. II, n. 323.