Section — Noldin, Summa of Moral Theology

Section 1. On the Power of the Supreme Pontiff.

606.

606. 1. The Roman pontiff cannot dispense in diriment impediments of absolute divine law; but he can dispense in impediments of conditioned divine law, whose existence depends on an act of the human will (vow, ratified matrimony).

  1. The Roman pontiff can dispense in all impediments which certainly are of ecclesiastical law; nevertheless he does not in reality dispense in all.

a. There are three impediments in which he never dispenses: affinity in the first degree of the direct line (cf. however n. 575); episcopal order for entering matrimony; public spouse-killing.

b. There are seven impediments in which he dispenses most rarely, especially if it is a matter of entering matrimony: spouse-killing with adultery, abduction, age, solemn vow, sacred order, disparity of cult in regions of the faithful.

c. There are three impediments in which he dispenses rarely: consanguinity in the collateral line touching the first degree, spiritual relationship between the one lifting and the one lifted.

607.

607. He does not grant dispensations himself by himself, but uses for this purpose his congregations and tribunals, which are:

a. The Congregation of the Holy Office. This dispenses in the impediments of disparity of cult and mixed religion and judges in all things which directly or indirectly turn upon these and the Pauline privilege.1

b. The Congregation de Sacramentis. This dispenses for the external forum in all remaining impediments and grants sanation in the root for the whole world, except the Orientals.2

c. The Congregation for the Eastern Church. This dispenses Orientals in all impediments, even if only one party is of the Eastern rite, the right of the Holy Office nevertheless being saved.3

d. The Sacred Penitentiary. This dispenses in all occult impediments for the internal forum only, both sacramental and extrasacramental.4

1 Cn. 247, 3.

2 Cn. 249, 2.

3 Cn. 257.

4 Cn. 258.