Article — Noldin, Summa of Moral Theology
Article Three. On the Causes of Dispensing.
613. Declarations. 1. In order that a dispensation be valid, a just cause of dispensing is required, not only where dispensation is granted by force of vicarious power by a bishop or another delegated judge, but even where it is granted by force of proper power by the supreme pontiff, because he does not wish to dispense illicitly without cause. Therefore in all dispensations the condition is understood: if the petitions rest on truth; and the dispensation is null if there is no motive cause of dispensing, except in impediments of lesser grade.2
The cause must be grave and proportionate, and so much the graver as the impediment from which dispensation is sought is graver. Hence it can happen that some cause suffices indeed for obtaining dispensation from a less grave and more easily dispensable impediment, but does not suffice for obtaining it in a graver and more difficultly dispensable impediment.3
Besides the division of causes of dispensing which is common to all dispensations, namely into motive or final causes and impulsive causes,4 in this place the following division is to be noted:
a. Into dishonoring causes and honorable causes. Dishonoring causes have their origin from the delict of the petitioners or consist in their defamation; honorable causes contain neither delict nor defamation. With regard to the concession of a dispensation, dishonoring causes are graver than honorable causes.
Dishonoring causes are, e.g., a. legitimation of offspring, which supposes illicit copula; b. suspected familiarity which cannot be impeded.
b. Into canonical and non-canonical causes. Those are called canonical which from the style of the Roman curia are expressly reported as admitted for matrimonial dispensations; all others are called non-canonical, which are not expressly reported among the causes admitted from the style of the Roman curia.
It is certain that even non-canonical causes are admitted in matrimonial dispensations; indeed sometimes dispensation is granted from non-canonical causes alone.
1 Formulae apostolicae Datariae pro matrimonialibus dispensationibus (Rome: Typographia Augustiniana, 1901). Praxis apostolicarum dispensationum super impedimentis matrimonii (Rome: Typographia Augustiniana, 1902). These booklets are of the greatest moment in this matter, because from them one learns how supplicatory petitions are to be drawn up.
2 Council of Trent, sess. 24, c. 5, De ref. matr. Cn. 1054.
3 Council of Trent, ibid.
4 Cf. De principiis, n. 185.
614. The Canonical Causes of Dispensing are the following sixteen in number:1
- "Narrowness of place, whether absolute or relative (by reason of the petitioner only), namely when in the place of origin or even of domicile the kinship of the woman is so propagated that she cannot find another of equal condition, whom she may marry, except one consanguineous or related by affinity; but to leave her fatherland would be hard for her."
This cause is chiefly considered in the betrothed woman. Place can be the place where the betrothed woman was born, or where she lives or has domicile or quasi-domicile. If the place of the betrothed man is the same, or if it is different but narrow in the same way, this can be indicated in the petition in this way: narrowness of place, where the petitioners were born, or narrowness of places, where the petitioners, etc.
Place here is not understood as a parish, but as a village or town, even if in it there are several parishes, provided it is distant from other places by at least one mile (1500 meters). Therefore if a suburb is a place distinct from the city and has its own name, narrowness of place can be alleged, provided it is distant from the city by about 1500 meters.2
A place is judged narrow if it contains no more than 300 hearths or 1500 inhabitants, acatholics being deducted, but not unbelievers and impious persons.
Equal condition must be taken broadly, not only concerning state and wealth, but also concerning age, education, character, religious disposition, etc.
A woman is said to find no spouse if here and now she has no apt occasion of marrying, even if she has sought no spouse, has previously rejected one or another, could have a man from another place, or one of equal condition wishes to marry her, namely lest matrimonial liberty be too greatly restricted.
- "The over-adult age of the woman, namely if she has already passed the twenty-fourth year of age and hitherto has not found a man of equal condition whom she can marry. But this cause does not assist a widow who desires to fly to other nuptials."
If the woman is of still greater age, it helps to express this in the supplicatory petition, so that dispensation may be obtained more easily.
Several thought that, if a dispensation is ever granted because of the over-adult age of the betrothed woman, in the verification of the cause both things had to be proved for the validity of the dispensation: that the woman is over-adult and that up to that time she has not found a man of equal condition whom she could marry. But it is enough if it is established with certainty concerning over-adult age.3
- "Deficiency or incompetence of dowry, namely if the woman does not actually have such a dowry that she can marry, in her own place where she is staying, an outsider of equal condition who is neither consanguineous nor related by affinity. This cause urges more if the woman is wholly without dowry and a consanguineous person or one related by affinity is prepared to marry her or even conveniently to dower her entirely."
The notion of dowry must be understood broadly concerning goods of fortune by which the burdens of matrimony can be sustained, not only concerning dowry strictly taken, namely where the dotal system is in force.
Actually, although afterward she is to have a dowry, whether from parents who now cannot or do not wish to give it and cannot be compelled to give it, or from a blood relative who has promised part of an inheritance.
"Lawsuits over succession of goods, whether already arisen, or grave and imminent danger of the same. If a woman is sustaining a grave lawsuit over succession of goods of great moment, and there is no other who would take a lawsuit of this sort upon himself and pursue it at his own expense except the one who desires to marry her, dispensation is customarily granted; for it is of interest to the republic that lawsuits be extinguished. Another cause closely approaches this, namely, a dowry entangled in lawsuits, when a woman is destitute of another man by whose help she is able to recover her goods. But a cause of this sort suffices only for more remote degrees."
"Poverty of a widow who is burdened with numerous offspring and a man promises to support her. But sometimes by the remedy of dispensation help is given to a widow for this cause alone, that she is younger and is placed in danger of incontinence."
"Good of peace, under which name come not only treaties between kingdoms and princes, but also the extinction of grave enmities, quarrels, and civil hatreds. This cause is brought forward either for extinguishing grave enmities which have arisen among the blood relatives or those related by affinity of the contracting parties and which would be entirely settled by the celebration of matrimony, or when grave enmities have flourished among the blood relatives and those related by affinity of the contracting parties, and, although peace has already been entered between them, nevertheless the celebration of the matrimony would greatly conduce to the strengthening of that peace."
"Excessive, suspected, dangerous familiarity, as also cohabitation under the same roof, which could not easily be impeded."
Since the reason of this cause is placed in avoiding scandal, it is required that this familiarity or cohabitation under the same roof has given origin to suspicion concerning base conduct between those about to marry.4
- "Copula with a consanguineous person or one related by affinity or another person laboring under an impediment, held beforehand, and pregnancy and therefore legitimation of offspring, namely that provision may be made for the good of the offspring itself and the honor of the woman, who otherwise would remain unmarried."
If incestuous copula, which is alleged as a cause of dispensation, was had not from human frailty but from hope of obtaining dispensation more easily, this circumstance no longer has to be expressed in the supplication.
"Infamy of the woman arising from suspicion that she has been known by her consanguineous relative or one related by affinity as excessively familiar with the same, although the suspicion is false, namely when, unless matrimony is contracted, the woman would remain gravely defamed or unmarried, or would have to marry a man of unequal condition, or grave harms would arise."
"Revalidation of matrimony which was contracted in good faith and publicly, with the Tridentine form observed, because its dissolution can scarcely be done without public scandal and grave harm, especially of the woman. But if the spouses entered the nuptials in bad faith, they by no means merit the favor of dispensation, as the Council of Trent disposes (sess. 24, c. 5, De reform. matrim.)."
a. Where there is question of dispensation for convalidating matrimony, it must be indicated whether the petitioners were ignorant of the impediment, whether the ignorance was of fact or law, whether they contracted in the face of the Church, whether they had copula, and this in good or bad faith, whether, after being informed concerning the impediment, they continued copula.
b. If only one party contracted matrimony in bad faith, dispensation was always granted, even in former times; but today it is granted even if each party contracted matrimony in bad faith, especially if offspring has already been born or danger of civil matrimony is imminent.
"Danger of mixed matrimony or of matrimony before an acatholic minister."
"Danger of incestuous concubinage."
"Danger of civil matrimony. From what has been said there follows that the probable danger that those who seek dispensation, if it is not obtained, will celebrate matrimony only civilly, as they say, is a legitimate cause of dispensing. Likewise a civil matrimony already contracted which is to be convalidated."
"Removal of grave scandals."
"Cessation of public concubinage."
"Excellence of merits, when someone (whether of the betrothed or of their progenitors), either by fighting against enemies of the Catholic faith, or by liberality toward the Church, or by doctrine, virtue, or in another way, has deserved well of religion."
1 They are listed in the instruction of S. C. de Prop. Fide, May 9, 1877.
2 S. C. C., July 8, 1876.
3 S. Penitentiary, April 5, 1902.
4 Ballerini-Palmieri VI, n. 240.
615. Non-canonical causes must be added to canonical causes, but when the latter are lacking, dispensation is sometimes granted from non-canonical causes alone in more remote degrees. Causes of this sort are:
On the part of the female petitioner: a. if she has been deprived of either or each parent; b. if she has arisen from illegitimate birth; c. if she is held back by illness, deformity, or another defect; d. if she has already been deflowered by another.
On the part of the male petitioner: a. if he is held back by illness; b. if he is a widower burdened with offspring, for whom he seeks a good mother; c. if he is in need of the assistance of this woman, e.g., for carrying on domestic work.
On the part of the matrimony: a. the publicized proposal of contracting; b. the suitability of the matrimony; c. the good morals of the petitioners; d. the good of the parents, if father or mother needs assistance.