Article Four. On the Mode of Seeking Dispensation.

616. Declarations. Dispensation is sought by a supplicatory petition.

1. If dispensation is sought in public impediments for the external forum, the supplicatory petition is drawn up by the parish priest; if it is sought from occult impediments for the internal forum, by the confessor.

2. The supplicatory petition, whether drawn up by the parish priest or by the confessor, is ordinarily directed to the bishop, who either dispenses himself, if he has power for this, or directs the petition to the Roman congregations. Only if it concerns an impediment which would defame the petitioner before the ordinary, or would bring danger of violating the seal, is the petition directed immediately to the Sacred Penitentiary.

3. If the ordinary has denied dispensation to someone, he can seek the same from the Holy See, even with no mention made of the denial. But if dispensation was first denied by the Holy See, the same cannot be sought from the ordinary. Indeed, a dispensation denied by one congregation cannot be granted by another congregation or by the ordinary without the consent of the former, the right of the Sacred Penitentiary for the internal forum being saved.¹

4. A supplicatory petition is made in the name of the petitioners, not of the parish priest or confessor; and indeed, if dispensation is sought for the external forum, the names of the petitioners are expressed; but if dispensation is sought for the internal forum, the names of the petitioners are concealed. In petitions directed to the Congregation de Sacramentis the supreme pontiff must be addressed (Most Blessed Father); in petitions directed to the Penitentiary, the major penitentiary (Most Eminent Prince).

5. To avoid various inconveniences which can happen from the petition of dispensations by telegraph, Leo XIII prohibited the sacred congregations ordinarily to accept petitions made by this medium, and commanded that the same be observed by ordinaries. If, however, necessity of obtaining dispensation as soon as possible urges, it is not prohibited that congregations or ordinaries accept petitions sent by telegraph.²

6. Dispensation is said to be sought in ordinary form or in the form of nobles, if the petitioners are not unequal to paying the tax; dispensation is sought in the form of the poor, if the petitioners declare themselves unequal to paying the tax either entirely or in part. In like manner a dispensation is said to be granted in ordinary form or in the form of nobles when a tax is required, and to be granted in the form of the poor when either no tax or only a small tax is imposed.

¹ Cn. 43.

² Secretariat of State, December 10, 1891.

617. What Must Be Expressed in the Supplicatory Petition. Although supplicatory petitions are drawn up in diverse ways according to the use of diverse regions, nevertheless there are several things which, whether from law or from the style of the curia, must necessarily be expressed, so that the dispensation may be valid.¹

1. The name and surname of the petitioners, each written distinctly and neatly and without any abbreviation of letters.

To the names of the petitioners there is added: a. age, either by indicating the number of years or by indicating the day, month, and year of birth, although this is not necessary unless age is the cause of dispensing; b. the diocese of origin or of actual domicile or quasi-domicile: for if dispensation is sought for the external forum, the execution of the dispensation is customarily committed to the ordinary. But if dispensation is sought for the internal forum, the name of the diocese being withheld, only the place to which the dispensation must be sent is indicated in the vernacular language.

2. The impediment or impediments in their lowest species (consanguinity, affinity, public honesty, etc.).

3. The degree, whether simple or mixed, more remote or nearer, and in which line.

4. The number of impediments, not only of diverse species but also of the same species.

Besides diriment impediments, impedient impediments must also be indicated, although the bishop can dispense in them or has already dispensed: for if an impedient impediment, e.g., of mixed religion, concurs with a diriment impediment, dispensation is granted with much more difficulty in the diriment impediment.

5. Circumstances which effect that dispensation is given more easily or with more difficulty, namely whether the matrimony is to be contracted or already contracted, whether in the prescribed form, whether with knowledge of the impediment, whether it has been consummated, and whether in good or bad faith.

Note 1. Formerly, from various decrees and instructions of the Roman congregations, for the validity of the dispensation there had to be expressed incestuous copula had between the spouses before the execution of the dispensation, even if the incestuous copula itself was not the cause of dispensing. But now, since these statutes were abrogated by decree of the Holy Office on June 25, 1885, a dispensation is valid even if incestuous copula had between the spouses has been kept silent.

Indeed, by this decree, by which the obligation of expressing committed incest is taken away, the obligation of expressing the intention, if it was present, of obtaining dispensation more easily through that incest is also abrogated.² Therefore consanguineous spouses are not to be asked in the examination of the betrothed about incest had between them and about the intention of obtaining dispensation more easily through it. But if incest had between them has become public or if it is spontaneously opened by them, this circumstance can be indicated in the supplicatory petition or can even be omitted. Nevertheless, from other reasons it can be necessary that the incest committed by the spouses be declared in the supplicatory petition, e.g., for legitimating offspring received from incest.

Note 2. A genealogical schema (Stammbaum) is not required on the part of the congregations; nevertheless, in many dioceses it has been established that it be added to the supplication on a separate sheet.

6. The causes of dispensation. The supreme principle in this matter is this: "the expression and verification of causes pertains to the substance of dispensation."

a. It is not necessary that all causes of dispensation which perhaps exist be brought forward; but when several exist, those to be brought forward can be chosen at pleasure, provided they rest on truth. Nevertheless it is better, if several are present, to bring several forward, so that the effect of the supplication may be more certain.

b. Nothing prevents that in the supplicatory petition, besides canonical causes, also other non-canonical causes be brought forward, by which the canonical causes may be confirmed.

c. Sometimes dispensation is said to be granted without cause, which signifies that dispensation is granted without a canonical cause or without an expressly alleged cause. In this case a pious work or a more ample alms is imposed on the petitioners in compensation, so that the good of the Church, which is promoted by that work, is the cause of dispensing.

d. For granting dispensations from impediments of lesser grade, canonical causes are not required, but reasonable causes approved by the Holy See suffice, and therefore dispensations are valid in every case.

7. The state of fortune of the petitioners, so that the tax to be paid can be determined, or so that dispensation, if the petitioners are poor, may be granted gratis. Nevertheless, the use of indicating this state is diverse in diverse regions.

a. According to the practice of the Roman tribunals, those who live by manual labor or industry are not called truly poor; these by proper name are called miserable. Rather, those are truly poor whose goods, after debts and other burdens have been deducted, do not much exceed three thousand (3000) francs; and those are called almost poor whose goods are greater, but do not notably exceed ten thousand (10,000) francs.

b. In estimating the fortune of the petitioners, the resources of each party must be computed together, unless one party is acatholic: for the fortune of this one is not attended to. Moreover, account must be taken of inheritance which they expect by right, and of a very lucrative office, e.g., of royal minister, physician, etc., which they exercise.

c. Concerning the condition of the petitioners, the Holy See must be made certain from the authentic testimony of the ordinary; and since the ordinary rarely knows this condition by his own knowledge, he must learn it from the attestation of the parish priest, who therefore, after questioning the petitioners themselves and other trustworthy persons, must make the ordinary certain concerning the fortune of the petitioners.

Note. Today, however, the Holy See in many regions accepts offerings spontaneously made by the petitioners, even if they are less than the tax.

Whether one party, while the other is ignorant, can seek dispensation.

a. If the impediment by its nature affects both parties at the same time, as consanguinity or affinity, it suffices that one party seek and accept the dispensation. For since the dispensation extends itself to things necessarily connected, when one party has been dispensed, by that very fact the impediment is removed also from the other, even if that party was ignorant of the dispensation.

b. If the impediment by its nature affects only one party independently of the other, as the vow of chastity, whether emitted by one or by each, dispensation can be sought while the party who is affected by the impediment is unaware. And although that party can choose not to use the favor granted by rescript, nevertheless the rescript has force before its acceptance, unless something else appears from the clauses added.³

¹ These are enumerated in the instruction of S. C. de Prop. Fide, May 9, 1877, already cited above in the note at n. 592.

² S. Office, March 18, 1891.

³ Cn. 37.

618. On the Tax to Be Paid, or Composition. Dispensations for the internal forum are granted entirely gratis; but for others a tax is required.

1. The tax to be paid on the occasion of a dispensation obtained contains several things in itself: a. a tax properly so called for the sustenance of the ministers of the Roman congregation; b. composition or alms to be expended in pious works according to the judgment of the Holy See; c. salary for the labor of the agent who gives his work in handling the business of the diocese at Rome; d. postal expenses.

2. If dispensation is sought in ordinary form or in the form of nobles, some tax to be paid is imposed on the petitioners, which is diverse according to their resources, according to the nature of the impediment, and according to the cause of dispensing.

The Council of Trent indeed requires that dispensations be granted gratis;¹ nevertheless, by these words only those taxes are prohibited which fall to the profit of those dispensing, not taxes which are expended for necessary expenses and for pious works, especially since dispensations can in this way be made rarer.

3. If dispensation is sought from a public impediment in the form of the poor, some composition, but a smaller one, is required, which for certain regions is entirely condoned.

4. If a bishop by force of delegation dispenses in matrimonial impediments, except for some modest payment in dispensations for the rich for sustaining the chancery, he cannot require any emolument; and if he has required it, he is held to restitution.²

¹ Council of Trent, sess. 24, c. 5, De reform. matr.

² Cn. 1036.

619. Whether the Dispensation Has Force if an Error Is Contained in the Supplicatory Petition.

1. Error concerning the name or surname of the petitioners does not render the dispensation invalid if the error is accidental or of little moment, or if, e.g., one or another letter or some syllable is changed, or if one name of one who has two names is omitted, provided the identity of the person is established.

2. Error concerning the impediment.

a. A dispensation from the impediment of consanguinity or affinity granted in some degree of impediment has force, although an error concerning the degree crept into the petition or into the concession, provided the degree truly existing is lower, or although another impediment of the same species in an equal or lower degree was kept silent.¹

b. A dispensation given by the Holy See over a ratified and non-consummated matrimony, or a permission made for passage to other nuptials because of the presumed death of a spouse, always carries with it dispensation from the impediment arising from adultery with promise or attempted matrimony, if there is need of it, but by no means if scheming has intervened.²

3. Error concerning causes.

a. If one motive cause only is alleged and it is false, the dispensation is invalid, even if an impulsive cause is true.

b. If one motive cause is brought forward and it is true, the dispensation has force, even if all impulsive causes are false.

c. If several motive and impulsive causes are brought forward, the dispensation has force, provided one motive cause is true.

d. Some slight exaggeration of an otherwise true cause does not render the dispensation invalid.

4. Nevertheless dispensations from impediments of lesser grade are invalidated by no defect of obreption or subreption, even if the only final cause set forth in the petition was false.³

Error concerning the condition of the petitioners does not render the dispensation invalid: "For nothing will ever harm the validity of the favor by reason of error or fraud concerning the economic condition of the petitioners."⁴

¹ Cn. 1052.

² Cn. 1053.

³ Cn. 1054.

⁴ Constitution Sapienti consilio of Pius X, June 29, 1908.

620. On the Legitimation of Offspring on the Occasion of Matrimonial Dispensation.¹

1. Through dispensation granted from a diriment impediment by one who has ordinary power of dispensing or delegated power through a general indult,² there is also granted by that very fact the legitimation of offspring already born or conceived from those who are dispensed, unless the offspring is adulterine or sacrilegious.

2. Offspring is not legitimated by the dispensation itself if the dispensation is granted by one who has delegated power through a particular rescript for a certain case, but must be legitimated through a special decree.

a. A faculty of dispensing granted for a certain case is of strict interpretation (Cn. 85), and therefore besides the faculty of dispensing does not also contain the faculty of legitimating.

b. For legitimation, which now is done by the law itself, hitherto a special decree was necessary. Wherefore it had to be expressly sought and granted separately from the dispensation, unless provision was made through a clause in rescripts of the Roman congregations.

¹ Cn. 1051.

² Cf. Cn. 1043; Cn. 1044.