Section — Prümmer, Manuale Theologiae Moralis
§ 4. On the Methods of Seeking a Dispensation
866. It must be distinguished most carefully whether a dispensation is to be sought from a public impediment, from an occult impediment, or from both at the same time. All matrimonial dispensations, however, are sought in the name of the contracting parties, and therefore the petition is to be made in the third and not the first person, for example, "Titius seeks." According to the style of the Curia, contracting parties seeking a dispensation are called: male petitioner (orator), female petitioner (oratrix), petitioners (oratores), male bearer (lator), female bearer (latrix), bearers (latores).
A dispensation for the external forum is sought by the parish priest through the episcopal curia. The parish priest of the bride is wont to seek the dispensation, unless a reasonable cause suggests otherwise; and if a mixed matrimony is contracted, the parish priest of the Catholic party sends the petition.
A dispensation for the internal forum is sought by the confessor, and likewise through the episcopal curia, unless the danger of violating the sacramental seal obliges him to send the petition to the Sacred Penitentiary. Nor is it required that the dispensation be sought by the confessor of each penitent, because the dispensation proceeds from the Pope, and when the impediment has been removed from one party, the other party also becomes free.266 Hence, if, for example, an occult impediment of crime is present, it suffices that the confessor of the bridegroom seek the dispensation. But if there is an impediment which affects only one party, such as an occult simple vow, then certainly the confessor of that party must seek the dispensation; and if each party is bound by a vow, a double dispensation must be sought.
266 Thus the Sacred Penitentiary, September 4, 1839.
867. 1. The method of seeking a dispensation from a public impediment. The following must be expressed in the petition:
a) "The name and surname of the petitioners, each to be written distinctly and clearly and without any abbreviation of letters."267
If someone has several surnames, it is not required that absolutely all be indicated, provided that the petitioner can clearly be recognized from the name indicated. It is advantageous, although it is not commonly necessary, that the age of the contracting parties also be indicated. It must be indicated, however, if one party is non-Catholic.
b) "The diocese of origin or of actual domicile."
The reason is that the Roman Curia is wont to commit the execution of the dispensation to the bishop of the domicile or quasi-domicile of the contracting parties.
c) "Even the lowest species of the impediment."
Hence, in consanguinity and affinity not only the degree, whether equal or unequal, but also the line must be indicated.268
d) "The number of impediments."
Therefore, it must be indicated whether simple or multiple consanguinity or affinity is present; besides diriment impediments, impedient impediments also, if any are present, must be reported, and especially the impediment of mixed religion must not be passed over in silence. Formerly, for the validity of a dispensation, incestuous intercourse perhaps had between the spouses had to be expressed in the petition; likewise, it had to be indicated whether the intercourse had been had with the intention that a dispensation be obtained more easily. All these requirements have now been abolished, because it could have been hard for the spouses to have to confess these sins outside confession. Hence it happened that because this incestuous intercourse was concealed, the dispensation and the matrimony itself were invalidated, which was certainly a very great inconvenience.269
e) "The various circumstances."
Whether the matrimony has been contracted or is to be contracted; if already contracted, it must be disclosed whether it was contracted in good faith, at least on the part of one party, or with knowledge of the impediment; likewise, whether after the proclamations had been made and according to the form prescribed by canon law; finally, whether it has been consummated.
f) The causes of the dispensation.
Insofar as possible, the canonical causes described above must be adduced. It is advantageous that all causes, whether canonical or non-canonical, be adduced. For the stronger and more numerous these causes are, the more easily the dispensation is obtained.
267 Thus the Instruction of the Sacred Congregation for the Propagation of the Faith of May 9, 1877, from which all the following things also are taken.
268 Hence it is very advantageous, and indeed is required in certain dioceses, that a genealogical diagram of the petitioners be added.
269 Cf. Holy Office, June 25, 1885, and March 18, 1891 (Collectan. de Prop. Fide, nn. 1639 and 1749).
868. g) The state of the petitioners' fortune. Although the Council of Trent270 commanded that dispensations be granted gratuitously, because to accept money for the spiritual favor of a dispensation is simony, nevertheless nothing prevents something from being exacted for the support of officials and for other honorable causes. Accordingly, in granting a dispensation some charge is wont to be imposed, in which four things are comprised:
a) the charge properly so called, which serves for the support of the officials of the Roman Curia;
b) the componenda or composition, which is a sum of money to be paid to the Roman Dicasteries on the occasion of the dispensation, beyond the charge, so that it may be expended upon pious works. This componenda often, though not always, has the character of a penalty or fine, so that the faithful may be deterred from entering marriages to which impediments, especially of the greater degree, stand opposed;
c) the agency fee (agentia), that is, the remuneration which is owed to those persons who conduct business in the Roman Curia either for a diocese or for individual petitioners and are called "Agents." They are private persons and not rarely laymen;
d) money to be paid to Ordinaries for the execution of the dispensation obtained. This money or charge is to be determined once for all by the provincial council or by a meeting of bishops and approved by the Apostolic See.271
The money to be paid in matrimonial dispensations is measured according to two rules: 1. according to the quality of the impediments, and 2. according to the fortune of the petitioners. For the greater the impediment is, the greater the charge imposed; and the smaller the petitioners' fortune is, the smaller the charge exacted from them.
According to the discipline now in force, four or five classes of petitioners are distinguished:
a) the poor and wretched, who have no fortune and live by manual labor or industry. These are bound to pay nothing for obtaining a dispensation;
b) the truly poor, whose goods, after debts and other burdens have been deducted, do not much exceed 3,000 francs. A moderate charge to be paid is imposed upon them;272
c) the almost poor, whose fortune, after debts have been deducted, does not much exceed the value of 10,000 francs. Besides the charge, a moderate componenda, for example, of 10 francs, is imposed upon these;
d) those of common means, whose fortune much exceeds the sum of 10,000 francs;
e) the rich or noble are held to be those whose fortune, after all debts have been deducted, produces very great revenues. The sole difference between the common form and the form for the rich or noble in a dispensation is that a greater componenda is imposed upon the rich. The charge, however, is the same. Since today it is not rarely difficult to establish the fortune of the petitioners, some suitable and free offering is sometimes wont to be offered in the petition for the dispensation; for example: "The poor petitioners offer 20 lire in all," or, if the petitioners are not poor: "The petitioners offer 50 (100) lire in all, which offering is just and reasonable according to the circumstances of the place, persons, and possessions." It must be noted that in computing the fortune, the means of each person about to marry are to be added together, unless one party is non-Catholic. For that party's fortune is not computed. If persons with an unjust will refuse to pay the charge for obtaining some dispensation whose grant is nevertheless morally necessary for avoiding sins and scandals, this is to be indicated by the Ordinary in the petition. The necessary dispensation will then nevertheless be granted, but the Ordinary communicating the dispensation sought must admonish the petitioners, if this can be done suitably and prudently, that in justice something is owed to the Holy See. Even an error or fraud unjustly committed concerning the condition of the petitioners' fortune does not render the dispensation obtained invalid.273 Apart from some moderate payment under the title of chancery expenses, dispensations granted by bishops are not subject to any charge, unless, however, by an apostolic indult some sufficiently moderate sum can be exacted.274 All dispensations for the internal forum granted by the Sacred Penitentiary are given gratuitously;275 postal expenses, however, must be paid.
270 Sess. 24, c. 5, De reform. matrim.
271 Code of Canon Law, can. 1507.
272 This charge was wont to be: 32 francs in a dispensation from the impediments of affinity in the first degree and of the second degree touching the first in affinity or consanguinity; 26 francs for the equal second degree both of affinity and of consanguinity; 21 francs in all other degrees of consanguinity and affinity.
273 Cf. Ordo servandus in Curia Rom., common norms, c. 11, n. 3 (Acta Apost. Sed. I, 56).
274 Cf. Vogt, Das kirchl. Eherecht, § 50, where the charges customary in the Archdiocese of Cologne are indicated. If a bishop exacted a charge, he would be bound to restitution. Code of Canon Law, can. 1056.
275 Ordo serv. in C. R., special norms, c. 8, a. 1 (Acta Apost. Sed. I, 102).
869. 2. The method of seeking a dispensation from an occult impediment. Since in seeking dispensations from occult impediments entrusted or even sacramental secrecy must be diligently observed, the parish priest or confessor must prudently consider whether the petition is to be sent to the Sacred Penitentiary or to the diocesan bishop. In small places the danger of violating secrecy is more imminent than in large cities. In the petition, not true but fictitious names, for example, Titius, Caius, Anna, Cornelia, etc., must be written. The lowest species of the impediment and its circumstances must be declared, and finally the cause of the dispensation sought must be adduced. By way of example, we give here a petition directed to the Sacred Penitentiary:
Most Eminent Prince,
Titius, a Catholic widower, had carnal intercourse with Titia, a Catholic, during his first matrimony and promised matrimony to her; and therefore he is prohibited from entering the promised matrimony with Titia. For the impediment of crime arising from adultery with a promise of matrimony stands in the way. This impediment is wholly occult, and unless matrimony is truly contracted between Titius and Titia, great scandals and quarrels will arise. Therefore Titius humbly asks Your Eminence that a dispensation be granted to him. May it please Your Eminence to direct the Rescript to me, the confessor signed below.
Fribourg (Switzerland) Rue de Romont 4 Your most humble servant, Carl Müller.
On the outside, however, upon the envelope of the letter let there be written:
To the Most Eminent Cardinal Major Penitentiary Palace of the Holy Office Rome.
Note. On December 10, 1891, Leo XIII prohibited petitions for dispensations from being admitted in the Roman Curia by means of the telegraph because of the great inconveniences which might otherwise occur. The same has been established by several bishops for their dioceses. Nevertheless, in a case of most urgent necessity it is permissible to seek and to give matrimonial dispensations by means of telegraph or telephone;276 yet such a method is never necessary, and therefore if the Ordinary cannot be approached personally or by letter, there is judged to be a moral impossibility of approaching him, in which the parish priest and confessor can dispense according to what was said above, n. 860.277 It is indeed always fitting that the Latin language be employed in seeking a dispensation; nevertheless, in itself nothing prevents the language of the country from being employed in letters directed to the diocesan bishop; in letters to be directed to the Roman Curia it is also permissible to employ the Italian language or another sufficiently well-known language.
276 Cf. Vogt, loc. cit., § 52.
277 Cf. Pontifical Commission, November 12, 1922 (Acta Apost. Sed. XIV, 663).
870. 3. The method of seeking a dispensation when occult and public impediments occur at the same time.
A dispensation from the public impediment must be sought as was said above, n. 867. In the petition for a dispensation from the occult impediment, however, mention must also be made of the public impediment from which a dispensation has already been obtained or at least sought in the competent forum.278 Because of the danger of defamation, it is rarely permissible to seek a dispensation from both impediments in the episcopal curia. Accordingly, in practice it is preferable to send the petition for a dispensation from the public impediment to the episcopal curia and to seek the dispensation from the occult impediment from the Sacred Penitentiary. But since sometimes time does not suffice for having recourse to the Sacred Penitentiary, the defamation of the petitioners is also sufficiently guarded against in the following manner: the dispensation to be sought from the public impediment is directed to the bishop's vicar general, while the dispensation from the occult impediment is sought from the bishop himself, who is asked to grant the dispensation by himself and without the mediation of an official. As is readily evident to one considering the matter, not every danger of defamation is avoided in this manner, and consequently it is not permissible to employ it except with the express consent of the persons about to marry.
278 Here is an example of such a petition: Caius and Sempronia, related by consanguinity in the equal second degree of the collateral line, intend to contract matrimony. Besides the impediment of consanguinity, from which a legitimate dispensation has already been granted (will be sought), there stands in the way the occult impediment of crime arising from adultery with a promise of matrimony, etc. Cf. Vogt, loc. cit., § 51.