Question Four: On Dispensation from Impediments

918. Dispensation is the relaxation of a law in a special case; whence, in the matter of impediments of matrimony, it is the relaxation of a canonical impediment irritating or prohibiting matrimony in a particular case, made by the legislator or by his delegate.

One is granted in order to contract matrimony, another in order to convalidate a contract. One is given in the external forum, which is granted for a public impediment; another in the internal forum, which is granted for an occult impediment, and indeed in the sacramental or extra-sacramental forum according as it is given within or outside the administration of the sacrament of Penance.

One given in the external forum also has force in the internal forum; one given in the internal forum has force only in conscience; but if afterward the impediment becomes public, unless the dispensation was given only in the sacramental forum or unless the rescript of the S. Penitentiary states otherwise, a new dispensation in the external forum is not required (can. 1047).

It is granted in gracious form, if it is granted immediately to the petitioner himself and directed to him; or in commissory form, if it is committed to a third person to be executed.

919. The power of dispensing. - Since to the Supreme Pontiff exclusively it belongs to establish impediments for matrimony, whether impedient or diriment, and since impediments are laws prohibiting or even invalidating, of the universal Church, the Pontiff himself alone by proper and native right can dispense in them; others only if they have received the power from him, whether by disposition of common law or by special indult.

But the power is granted not only to Ordinaries, but in special circumstances also to pastors and confessors.

920. The power of the Supreme Pontiff. - The Supreme Pontiff:

1° In impediments of natural and divine law cannot dispense by his proper power, because it is the law of a superior; nor by ministerial power granted by God and to be exercised in the name of God in impediments of absolute law, but only in those which are of conditional law and whose existence depends upon an act of the human will and an obligation freely undertaken: nor always, but insofar as it has been granted by God, namely in a vow and in the bond of ratified matrimony, and also in the bond of consummated matrimony in the case in which it is granted by force of the Pauline privilege, as was declared above.

Nevertheless this is not a dispensation properly so called; but the Supreme Pontiff in the name of God remits or dissolves the obligation of the vow, and dissolves or declares dissoluble the bond of matrimony, and thus changes the matter of the law; and once this is posited, the natural law is no longer applicable in the case, and by that very fact the matrimonial impediment ceases.

2° In impediments of exclusively ecclesiastical law, whatever they are, he can dispense by proper power, as in his own law.

There are, however, impediments in which he never or almost never, or only rarely, dispenses, as was said n. 857, D.

3° In doubtful impediments of natural or divine law, he never dispenses, because he cannot expose the dispensation and the matrimony to the danger of nullity.

Let it be noted that the Supreme Pontiff does not regularly exercise his power by himself, but through the organ of the Sacred Congregations and Roman tribunals.

a. The Holy Office dispenses in impediments which have a special connection with the faith, namely in the impediments of disparity of cult and mixed religion, and judges concerning all things which directly or indirectly concern these and the Pauline privilege.

b. The S. Congregation concerning Religious dispenses religious from the vow of chastity.

c. The S. Congregation concerning the Sacraments grants all other dispensations for the external forum, provided it is not a matter concerning Orientals.

d. The S. Congregation for the Oriental Church is competent concerning all impediments whenever at least one party is of an oriental rite; excepting those things which pertain to the Holy Office.

e. The S. Penitentiary dispenses in all occult impediments for the internal forum only, both sacramental and extra-sacramental, and is also competent for Orientals (July 26, 1930).

Occult impediments are here taken in a broader sense than in the definition given in can. 1037 (n. 857, E), so that under this name there also come those which are known only to a few, according to the character of the place, and to discreet persons, without danger of divulgation.

921. The power of the Ordinary of the place. - The Ordinary of the place cannot dispense in matrimonial impediments, except insofar as this has been granted to him by common law or special indult.

A. By common law: 1° In ordinary circumstances, the Ordinary of the place can dispense a) in doubts of fact concerning the existence of an impediment, for those impediments in which the Supreme Pontiff is accustomed to dispense (can. 15); b) in a non-reserved vow, provided the acquired right of a third party is not harmed (can. 1313).

2° When danger of death urges, "Ordinaries of places, in order to provide for conscience and, if the case warrants, for the legitimation of offspring, can dispense their own subjects wherever they are staying and all actually dwelling in their own territory, both over the form to be observed in the celebration of matrimony and over all and singular impediments of ecclesiastical law, whether public or occult, even multiple, except impediments proceeding from the sacred order of the presbyterate and from affinity in the direct line, matrimony having been consummated, scandal being removed, and, if the dispensation is granted over disparity of cult or mixed religion, the usual cautions having been furnished." Thus can. 1043.

It is said: a) when danger of death urges, i.e., not only at the moment of death, but in every proximate or grave danger from whatever cause it may come; and indeed even if the impediment does not affect the dying person but the party in good health;

b) in order to provide for conscience, i.e., to remove sin or an occasion of sin, e.g., to take away concubinage or repair damage or extinguish hatred; and if the case warrants, for the legitimation of offspring, even if conscience cannot be provided for on account of the impenitence of the dying person: the offspring to be legitimated is natural or incestuous, already begotten or still to be begotten, but not, as it seems, adulterous or sacrilegious, on account of can. 1051;

c) both over the form... and over all impediments of ecclesiastical law, even impedient ones, with only two excepted; but not over impediments of natural and divine law, even doubtful ones: nevertheless a vow is included, which is subject to the ministerial ecclesiastical power, and as an impediment can be taken away by the Church in the way which was declared, n. 892;

d) scandal being removed, in the case of a public impediment; and it is removed by the dispensation granted before witnesses;

e) and the usual cautions having been furnished, if the dispensation is granted over disparity of cult or mixed religion; which cautions are required for validity, as was said n. 867.

They can dispense their own subjects everywhere, and all others while they are actually dwelling in their own territory, and they can subdelegate their power to delegate, and use it in order to contract matrimony or to revalidate a contracted one; nevertheless the faculty of sanating in the root is not included in the power.

3° In urgent necessity: a) Ordinaries of places can grant a dispensation over all the same impediments as in danger of death and under the same clauses, namely, whenever an impediment is detected when everything has already been prepared for the nuptials, and the matrimony cannot be deferred without probable danger of grave evil until a dispensation is obtained from the Holy See. Thus from can. 1045, § 1.

It is said: a) over all the same impediments, but not over the form to be observed in the celebration of matrimony, since in the present canon it is not indicated, nor does an equally grave reason urge as for impediments; nevertheless some judge that impediment can be understood in a broader sense and therefore comprehend a defect of form;

b) and under the same clauses, namely, scandal being removed and cautions having been furnished;

c) whenever an impediment is detected, for which it is not required that it had previously been altogether unknown, but it suffices that, though previously known, only then it is brought to the knowledge of the pastor or Ordinary (com. int., March 1, 1921);

d) when everything (required by the precept of the Church) has been prepared for the nuptials and the matrimony cannot be deferred without probable danger of grave evil, namely, so that the nuptials morally cannot be deferred, and if they were deferred there would likely be danger of grave evil, one's own or another's, spiritual or temporal. 1

They can dispense by themselves or through another their own subjects, and also probably travelers, but only if there is not time to have recourse to the Holy See, in order to contract matrimony; indeed also to revalidate a contract, for can. 1045, § 2 adds: "this faculty also has force for the convalidation of a matrimony already contracted, if there is the same danger in delay and time does not suffice to have recourse to the Holy See."

b) Ordinaries of places can, if the case is not urgent from the fact that everything has been prepared for the nuptials, dispense by force and within the limits of canon 81, establishing the general power of dispensing of Ordinaries (cf. Response of the Commission for the Interpretation of the Code, July 27, 1942): "Ordinaries below the Roman Pontiff cannot dispense from the general laws of the Church, not even in a particular case, unless this power has been explicitly or implicitly granted to them, or unless recourse to the Holy See is difficult and at the same time in delay there is danger of grave harm and it is a matter of a dispensation which is accustomed to be granted by the Apostolic See."

B. By special indult, whether general, by which a habitual faculty of dispensing is granted for a time, or particular, by which it is granted in a particular case, Ordinaries can dispense according to the tenor of the indult; which in various regions or in various cases can be diverse.

General indults were revoked after the code, by decree of the S. Consistorial Congregation, April 25, 1918, excepting the faculties of the S. Penitentiary; but afterward, the bishops petitioning, they were granted anew under new formulas, which must be sought from the one S. Consistorial Congregation (April 20, 1923) by all who are not subject to the S. Congregation of Propaganda Fide or for the Oriental Church.

1. The distinguished Cappello, o. c. n. 232-233, judges that the words: when everything has already been prepared for the nuptials, do not indicate a condition without which not, so that even in other circumstances, on account of a grave and urgent cause, one can dispense for contracting matrimony. - But a) he does not prove this sufficiently; indeed b) it seems to be said against the natural sense of the words; besides c) from the Response of the Commission for the Interpretation of the Code, July 27, 1942, there is admitted, as regards matrimonial dispensations, the use both of canon 1045 and of canon 81, which in general determines the power of dispensing of Ordinaries, and it is explicitly asserted that there is place for the application of canon 81 if not yet everything has been prepared for the nuptials. From this it seems that one must conclude that the opinion proposed by Cappello is at least implicitly reprobated.

922. The power of the pastor and confessor. - Pastors, confessors, or other priests of themselves have no power concerning matrimonial impediments; nevertheless it is sometimes granted to them by common law, on account of special necessity, and by special indult.

A. From common law: 1° When danger of death urges, and only for cases in which not even the Ordinary of the place can be approached, the same faculty of dispensing as he has is possessed both by the pastor, and by the priest who assists at the matrimony in extraordinary form, and by the confessor, but this latter for the internal forum in the act of sacramental confession only. Thus can. 1044.

It is said: a) the same faculty as the Ordinary, i.e., of dispensing both from the form of celebration and from all impediments of ecclesiastical law, public and occult, even multiple, - with only two excepted, namely from the order of the presbyterate and from affinity in the direct line, the matrimony having been consummated, - but only with scandal removed, and the usual cautions furnished;

b) is possessed by the pastor, - the priest assisting at matrimony in extraordinary form, when the pastor cannot be had and approached, - and the confessor, but only in the act of sacramental confession: the pastor indeed toward his own subjects wherever they are staying and all actually dwelling in his own territory; the priest assisting at matrimony toward those whose matrimony he assists; the confessor toward penitents. Whether a priest legitimately delegated by the Ordinary or pastor to assist at matrimony enjoys the same power can be doubted theoretically, because the Code is silent; nevertheless practically it can be affirmed, because according to can. 200, § 1, together with delegated power those things are understood to be granted without which it could not be exercised, whence by granting delegation the pastor or Ordinary is judged implicitly to delegate his faculty of dispensing;

c) but only for cases in which not even the Ordinary of the place can be approached, namely by ordinary means.

2° In urgent necessity, whenever an impediment is detected when everything has already been prepared for the nuptials, and matrimony (likewise its convalidation) cannot be deferred without probable danger of grave evil until a dispensation is obtained from the Holy See, the same persons enjoy the same faculty as the Ordinary, but only for occult cases in which not even the Ordinary of the place can be approached, or not except with danger of violation of secrecy. Thus can. 1045, § 3.

It is said: a) the same faculty as the Ordinary, i.e., of dispensing over all impediments of ecclesiastical law listed above and under the same cautions, but not over the form of celebration of matrimony;

b) the same persons enjoy it, namely, the pastor, the priest assisting at matrimony in extraordinary form, and the confessor, likewise a priest delegated by the pastor or Ordinary to assist: but the confessor, as it seems, only for the internal forum and only in the act of sacramental confession, as is clear from can. 1044 to which can. 1045, § 3 refers; although some extend the power of the confessor to the extra-sacramental forum, because in that canon the restriction is not explicitly placed;

c) only for occult cases, i.e., not only for impediments occult by their nature, but also for impediments public by their nature but occult in fact (com. int., Dec. 28, 1927);

d) in which not even the Ordinary of the place can be approached, or not except with danger of violation of secrecy, namely when the Ordinary cannot be approached by ordinary means, or not without danger of violating secrecy, even non-sacramental.

B. By special indult sometimes the faculty of dispensing over certain impediments is delegated to priests, whether by a particular indult by which the execution of a dispensation is committed to them, or also by a general indult for a definite time: thus especially to confessors for the internal forum only.

923. Observations. - 1. The pastor, or the priest assisting at matrimony, should immediately inform the Ordinary of the place concerning a dispensation granted for the external forum; and it should be noted in the book of marriages (can. 1046).

2. Unless the rescript of the S. Penitentiary states otherwise, a dispensation granted in the internal non-sacramental forum over an occult impediment should be noted in a book diligently kept in the secret archive of the Curia; in which case another dispensation for the external forum is not necessary, even if afterward the occult impediment should become public (can. 1047).

3. A dispensation granted by a confessor in the sacramental internal forum can in no way be noted; but if an occult impediment thus dispensed should become public, another dispensation for the external forum is necessary (ibid.).

To guard against this inconvenience, the confessor in practice should not use his power, as far as possible, except concerning impediments occult by nature and in fact. For others which could become public, he should send the penitent to the pastor or his delegate; or ask from the penitent permission to approach the pastor and seek a dispensation; or, if he himself is pastor or the assisting priest, with the penitent's permission, outside confession he should dispense, not as confessor but as pastor or assistant; only if these things are impossible, and the case urges, should he dispense in confession, with the promise of seeking a dispensation for the external forum or of committing the matter to the S. Penitentiary.

4. If the petition for dispensation has been sent to the Holy See, the Ordinary should not use his faculties except from a grave and urgent cause; and in this case he should immediately warn the Holy See of the matter (can. 1048, coll. 204).

5. Concerning the faculty of cumulating dispensations, or of dispensing in several impediments occurring together in the same case, the following norms have force:

a. In matrimonies whether contracted or to be contracted, one who enjoys a general indult of dispensing over a certain impediment can, unless something else is expressly prescribed in the indult itself, dispense over it even if the same impediment is multiple (can. 1049, § 1).

b. One who has a general indult of dispensing over several impediments of diverse species, whether diriment or impedient, can dispense over the same impediments, even public ones, occurring in one and the same case (can. 1049, § 2).

c. If at some time with the public impediment or impediments over which someone can dispense from indult there concurs another impediment over which he cannot dispense, the Apostolic See must be approached for all; - if, however, the impediment or impediments over which he can dispense are discovered after a dispensation has been impetrated or obtained from the Holy See, he will be able to use his faculties (can. 1050), i.e., once the rescript has been sent or only signed, although not yet received or committed to execution.

924. Causes of dispensation. - From an ecclesiastical law one is not to be dispensed without a just and reasonable cause, regard being had to the gravity of the law from which dispensation is made; otherwise a dispensation given by an inferior is illicit and invalid. Thus can. 84, § 1. Hence matrimonial dispensations cannot be granted without a grave cause proportioned to the impediment; but those thus granted by the Holy See are illicit, and by all others illicit and invalid. Nevertheless in doubt concerning the sufficiency of the cause, a dispensation is licitly sought and can licitly and validly be granted (can. 84, § 2).

Some causes are motive or final, which, taken singly or collectively, of themselves suffice for obtaining a dispensation, and without which a dispensation is not granted, or not in such a way or in such a form; others are impulsive, which, although insufficient of themselves, nevertheless dispose the superior to grant the dispensation more quickly or easily, but without which he would also grant the dispensation and in the same form. Motive causes, if they are expressly recognized as such by law, are called canonical; otherwise they are called reasonable and non-canonical.

A. Canonical causes are listed as sixteen in the instruction of the S. Congregation of Propaganda Fide, May 9, 1877:

1° Narrowness of place, either absolute, as if in the place there are not more than 300 hearths or 1500 inhabitants and the place is distant more than a mile or 1500 meters from the nearest place (S. C. C., July 8, 1876); or relative, if the kinship of the woman in this place is so widely propagated that she cannot find another man of equal condition besides the impeded man, or does not have occasion for a marriage of this kind.

2° The over-adult age of the woman, if a virgin has completed the age of 24 years and does not find another spouse suitable for herself; but this cause does not aid a widow who desires to enter other nuptials, nor a virgin who has reached her 40th year.

3° Defect or insufficiency of actual dowry, which, namely, prevents the woman from finding another man of equal condition besides the impeded man.

4° Lawsuits arisen over the succession of goods, or grave or imminent danger of the same, if there is no other who wishes to aid the woman in this matter besides the man who desires to marry her.

5° Poverty of a widow burdened with numerous offspring, or who at the same time is younger and is in danger of incontinence.

6° The good of peace, or grave enmities to be composed.

7° Excessive, suspect, dangerous familiarity, and also cohabitation under the same roof, which could not easily be prevented.

8° Copula and pregnancy and therefore legitimation of offspring, which cause is among the more urgent.

9° Infamy of the woman, from suspicion, even false, of evil familiarity with an affine or blood-relative.

10° Revalidation of a matrimony contracted in good faith and in the form of the Church.

11° Danger of a mixed marriage or of one to be celebrated before a non-Catholic minister, with very grave scandal of the faithful and grave spiritual harm.

12° Danger of incestuous concubinage.

13° Danger of civil matrimony.

14° Removal of grave scandals.

15° Cessation of public concubinage.

16° Excellence of merits in a benefactor of the Church or one very deserving of religion.

B. The following can be listed as non-canonical causes, which for the most part are reasonable and sufficient:

1° On the part of the female petitioner: a) if she has been bereft of one or both parents, or b) sprung from illegitimate birth, or c) held back by illness, deformity, or another defect, or d) already deflowered by another.

2° On the part of the male petitioner: a) if he is held by illness, or b) is a widower burdened with offspring, for whom he seeks a good mother, or c) needs the help of this woman, e.g., for managing domestic affairs.

3° On the part of the matrimony: a) everything prepared for the nuptials; b) the proposal of contracting divulged or persistent; c) the fittingness of the matrimony; d) the good morals of the petitioners; e) the good of the parents, if the father or mother needs help.

C. For the validity of a dispensation it is generally required that the motive causes which are alleged be true; moreover they must exist not indeed when the dispensation is sought, but before the concession of the dispensation if it is given in gracious form, before the execution or fulmination of the dispensation if it is given in commissory form, and the dispensation remains valid although afterward, even before the celebration of matrimony, the cause ceases.

Nevertheless: a) Reticence of the truth, or subreption, does not stand in the way of validity, provided all things have been expressed which, according to the style of the Curia, are to be expressed for validity (can. 42, § 1).

b) Nor does obreption, or the exposition of what is false, stand in the way, provided at least one motive cause is true (can. 42, § 2).

c) Indeed a dispensation is valid, notwithstanding the falsity of the single cause adduced, when the concession is given by this or an equivalent formula: from certain reasonable causes, i.e., diverse from those which are expressly alleged. Thus whenever it is a matter of impediments of minor degree (can. 1054), because dispensations concerning these are granted from reasonable causes approved by the Holy See.

d) A dispensation from impediments of consanguinity or affinity, granted in some degree of impediment, is valid, even if in the petition or in the concession an error concerning the degree has crept in, provided the degree really existing is inferior, or even if another impediment of the same species in an equal or inferior degree has been kept silent (can. 1052). Hence, if affinity concurring with alleged consanguinity has been kept silent, the dispensation is not valid for affinity, for the impediments are of diverse species.

e) A dispensation given by the Holy See over ratified and non-consummated matrimony, or a permission made for passage to other nuptials on account of the presumed death of the spouse, always carries with it a dispensation from an impediment proceeding from adultery with promise or attempted matrimony, if any such is needed (can. 1053); therefore reticence concerning these impediments does not stand in the way of the validity of the concession.

925. The petition of dispensation. - To seek a dispensation, excepting the cases explained above in which the pastor or confessor himself can dispense, recourse must be had to the Holy See, or also to the Ordinary for impediments from which he himself can dispense. In practice it is always better to have recourse to the Ordinary, who, if he lacks the required power, will himself transmit the petition to the competent Roman Congregation; - unless, however, it is a matter of an occult impediment which would defame the petitioner before the Ordinary or bring danger of violating the seal: for then recourse must be had directly to the S. Penitentiary. Therefore, for public impediments to be dispensed in the external forum the pastor seeks the dispensation from the Ordinary; for occult impediments in the internal forum the confessor seeks it from the Ordinary, or, if there is danger of defamation or violation of the seal, directly from the S. Penitentiary.

Let it be noted: 1° The petition is made in the name of the petitioners, not of the pastor or confessor, and indeed, if the dispensation is sought for the external forum or for the extra-sacramental internal forum, with the names of the petitioners expressed; if for the sacramental internal forum, with the names of the petitioners concealed.

2° The Ordinary to whom the petition is to be directed is the Ordinary of the domicile, quasi-domicile, or actual residence of the betrothed, and indeed the Ordinary of him who is affected by the impediment is to be approached; but if the impediment is common to both parties, the dispensation can be sought from the Ordinary of either party.

3° If the Ordinary has denied someone a dispensation, he can seek the same from the Holy See, even with no mention made of the denial; but if it was first denied by the Holy See, the same cannot be sought from the Ordinary. Indeed a dispensation denied by one Congregation cannot validly be granted by another Congregation or by an Ordinary without the assent of the former, with the right of the S. Penitentiary for the internal forum preserved (can. 43).

Likewise let no one seek from another Ordinary a grace denied by his own Ordinary, with no mention made of the denial; but when mention has been made, let the Ordinary not grant the grace unless he has obtained from the prior Ordinary the reasons for the denial. But a grace denied by a vicar general and afterward obtained from the Bishop, with no mention made of this denial, is invalid; and a grace denied by the bishop cannot validly be obtained from the vicar general, even with mention of the denial made, when the bishop does not consent (can. 44).

4° From a just cause the pastor or confessor can seek a dispensation, without the knowledge of those for whom it is sought; and although they themselves can fail to use a grace conceded through rescript, nevertheless the rescript has force before its acceptance, unless something else appears from the clauses appended (can. 37).

In the supplicatory libellus of petition, according to the instruction of the S. Congregation of Propaganda Fide, May 9, 1877, the following are to be expressed:

1° The name and surname of the petitioners, to be written distinctly and clearly, and without any abbreviation of letters.

An error in these does not invalidate the dispensation if it is accidental and of small moment, provided the identity of the person is established (cf. can. 47); on the contrary, if it is such that it induces ambiguity concerning the person, it invalidates. For a dispensation in the sacramental internal forum, lest the petitioners be known, fictitious names are to be used; on the contrary in the extra-sacramental forum, if the dispensation is to be noted in the secret book of the S. Penitentiary or of the episcopal Curia.

2° The diocese of the domicile or quasi-domicile of the petitioners, or, if it is a matter of vagabonds, of actual residence.

The reason is that the execution of a dispensation for the external forum is usually committed to the Ordinary. But if a dispensation is sought for the internal forum, but not through the Ordinary, it suffices to indicate in the vernacular language the place to which the dispensation is to be sent.

3° The lowest species, degree, and number of impediments, not only in a diverse species but also in the same species.

The species, namely, whether consanguinity, affinity, or public honesty from invalid matrimony or from concubinage, crime of adultery, or of spouse-murder, or of both together; the degree, whether simple or mixed, more remote or nearer in the same species, as also the line, whether direct or transverse; the number of impediments even of the same species, e.g., whether double or multiple consanguinity or affinity. Nevertheless material error does not invalidate, provided the cause is expressed as it is. Nor are diriment impediments alone to be indicated, but also merely impedient ones, although the bishop can dispense in them or has already dispensed; indeed also abduction, even if it has already ceased; because on account of this a dispensation in a diriment impediment is much more difficultly granted.

In the case in which one impediment is public, the other occult and such that it cannot be manifested without infamy, a double supplication is drawn up: for the public impediment alone a dispensation can be sought from the Ordinary or from the competent Congregation; for the occult impediment, another from the Penitentiary for the internal forum, but in this the public impediment must at the same time be expressed, adding that relaxation of this impediment is being sought in another supplication in the external forum. 1

Hence, if after the dispensation has been executed another impediment is detected which already existed before the execution, a dispensation of all impediments must be sought, because the prior dispensation was invalid; excepting the case in which an impediment of consanguinity or affinity in an equal or inferior degree has been kept silent, because then the prior dispensation was valid, as we have already noted, n. 906, 3 and 917, 3.

4° The various circumstances which make it easier or more difficult for dispensation to be made.

Thus whether it is a matter of matrimony to be contracted or of a contracted matrimony. If to be contracted, religion must be expressed if either spouse is non-Catholic; and age if the dispensation is sought in the near degrees of kinship or affinity. If already contracted, whether in good faith, at least on one side, or with knowledge of the impediment; whether after banns had been made and according to the prescribed form; whether it has been consummated and whether in good or bad faith. Incestuous copula had between the spouses before the execution of the dispensation no longer is to be expressed.

5° The causes of dispensation.

It is not necessary to bring forward all existing causes, but it suffices to allege one or another motive and canonical cause, provided they are true. Nevertheless it is better, if they are present, to bring forward several, so that the effect of the supplication may be more certain; indeed besides canonical causes, also other causes should be brought forward by which the canonical causes are confirmed.

In the case in which there is offspring to be legitimated, this cause is always usefully expressed; but it must be altogether expressed when for its legitimation a special indult is required, namely if it has already been born or will be born before the execution of the dispensation and the dispensation is granted from delegated power for a particular case; indeed always if it is adulterous or sacrilegious (can. 1051).

6° The status of fortune of the petitioners, so that the tax to be paid can be determined, or so that the dispensation, if they are poor, may be granted gratis.

It is not to be set forth if the dispensation is impetrated from the S. Penitentiary, by which it is always granted gratis. If it is obtained in the form of the poor when the petitioners are not poor, it is not invalid; but the petitioners are bound to supply the customary tribute.

1. Several other means are present for meeting the difficulty. The confessor can ask from the petitioners permission to seek the dispensation at the same time for the external forum from both the public and occult impediment, with mention made that this permission has been granted. Or also permission to incur a small danger of suspicion or revelation, from the fact that both dispensations are sought separately from the same Ordinary, or both supplications are transmitted to him. The dispensation of one impediment can also be sought through another pastor or priest of another place, and the other immediately from the bishop, so that the preservation of secrecy is better provided for.

926. Execution of the dispensation. - A dispensation needs execution if it has been given in commissory form, because then it exerts its effect only when it is committed to execution or fulminated by him who was designated for this office; on the contrary, if it has been given in gracious form, it does not require execution but has force from the moment of its concession. The Roman Curia is accustomed to grant dispensations in commissory form; bishops in gracious form if it is a matter of a public impediment, in commissory form if it is a matter of an occult impediment.

The executor: 1° for public impediments is usually designated by a Sacred Congregation as the Ordinary who drew up or recommended the supplicatory libellus, even if those about to marry have migrated into another diocese; in which case the Ordinary of the diocese in which the matrimony is to be celebrated will have to be warned (can. 1055); moreover the Ordinary can delegate another to execute the dispensation (can. 57);

2° for occult impediments a dispensation is usually committed by the S. Penitentiary to a confessor among those approved by the Ordinary; one granted by the Ordinary for the sacramental forum is committed to the confessor, for the extra-sacramental internal forum to the pastor or another priest who transmitted the petition.

Let it be noted: A. As regards the conditions of execution:

1° No execution is made before the executor already has the rescript of dispensation, or knowledge of it has been transmitted to him officially by the authority of the rescriber (can. 53).

2° The executor is bound to attend to all the clauses of the rescript and faithfully adhere to them: omission of an essential condition invalidates the execution (can. 55). For validity there are required clauses which are introduced by the words: if, provided that, or other equivalent words, or if it is said that otherwise the dispensation is null (can. 39); those which are expressed by an ablative pertain to liceity alone, unless from the nature of the matter or from the style of the Curia they are necessary, as the promise of removing danger to the faith in a dispensation for mixed marriages, or the removal of scandal, for taking away which the separation of the spouses is to be preferred, although sometimes it can also be done in another suitable way. On the contrary, the imposition of a special penance or its fulfillment, although rigorously prescribed, are not required for validity. 1

3° He is also bound, unless it is a matter of an impediment of minor degree, to examine whether at the moment of execution the prayers still rest upon truth, and whether a new impediment has not arisen; yet if the inquiry is neglected, the execution is not invalid, provided the truth of the prayers still subsists. In the internal forum it suffices to interrogate the penitent, to whom of himself credence is to be given.

B. As regards the manner of execution:

1° Execution for the external forum is prescribed to be made in writing (can. 56); nevertheless it is valid, and, from a grave cause, also licit, when made orally. For the sacramental forum it is to be made by the living voice in the act of confession. For the non-sacramental internal forum generally it is to be made by the living voice; nevertheless sometimes in writing, when the impediment from which dispensation is made is occult in fact but public by nature: for then the dispensation given and executed must be registered in the secret book of the episcopal Curia.

2° A dispensation ought to be made expressly, by designating the impediment from which dispensation is made; whether a dispensation implicitly or tacitly conceded is invalid is not established. Express mention is also to be made of the apostolic faculty by force of which the dispensation is granted (can. 1057): this, however, is not prescribed for validity. Moreover no determinate form is prescribed.

3° If the impediment affects only one party, or is culpable only on one side, a dispensation made with that party suffices; otherwise each party must approach either the same one or diverse ones, and the dispensation is to be executed twice, which nevertheless is not required for validity. Hence if there are two confessors, the first hands the rescript to his penitent, after he has executed the dispensation on his own side, so that it may be transmitted to the other confessor through the other penitent (S. Pen., Nov. 13, 1748), so that a fitting penance may be imposed upon that person.

4° If the executor has erred in any way in execution, he can again commit the dispensation to execution (can. 59).

C. As regards the preservation of the rescript of dispensation:

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 executed in the parochial archive. The rescript for the internal forum is prescribed to be torn up or burned after execution; unless it is the case of an impediment public by nature but occult in fact: for then, unless it is a matter of the sacramental forum, the rescript must be preserved in the archive of the episcopal Curia, so that it can furnish proof for the external forum, if afterward the impediment is revealed (can. 1047).

1. Where it is said: a salutary, grave, long, lasting, perpetual penance having been imposed, a special juridical penance distinct from the sacramental one must be imposed; and it is to be determined by considering both the gravity of the crime and the strength of the penitent. A salutary and grave penance, for example, is to recite three times the Our Father and Hail Mary and once acts of faith, hope, and charity daily for 4 weeks; grave and long is to do this for several months, or to recite the rosary once a week or make a monthly confession; grave and lasting is to do this at least for a year; perpetual is for the whole of life.

1. Nevertheless nothing prevents the confessor, for his own instruction, from transcribing the rescript and preserving the transcript for himself, omitting, however, all things which would lead to knowledge of the penitent, such as names, day, and year.