Article I. On the Power of Dispensing

Dispensation, or the relaxation of law in a special case, can be granted by the founder of the law, by his successor or Superior, and also by him to whom they have granted the faculty of dispensing (Can. 80).

I say, 1st. The legislator can dispense: 1st, in his own laws, because he has as much power for loosing as he has for binding; 2nd, in the laws of his predecessors, because he enjoys equal power with them; 3rd, in the laws of his inferiors, because these have their power from him or at least have it subordinated to him.

I say, 2nd. An inferior cannot dispense in the laws of his superior, except from delegated power, and insofar as it has been delegated to him either by the superior himself, or by law, or by custom. The reason is that it is repugnant for an inferior to enjoy authority over the law of his superior.

Question 1. Can the Pope dispense in divine law?

Response. Concerning this matter there is much controversy among theologians; but that controversy is merely speculative, and rather pertains to the mode of speaking, namely whether the word dispensation is to be employed or not. For each part of those disagreeing equally consents to this, that, pontifical authority intervening from a just cause, a bond which is said to be of divine right can be taken away. - Cf. St. Thomas, 2-2, q. 88, art. 12. - St. Alphonsus, n. 189; and Hom. Ap. n. 56. - Baller., note (a), p. 101.

Question 2. In what laws can a Bishop dispense?

Response. Bishops and other local Ordinaries are able to dispense in diocesan laws, and in the laws of a provincial and plenary Council according to the norm of can. 291, § 2; but not in laws which the Roman Pontiff has specially made for that particular territory, except according to the norm of can. 81 (Can. 82). The Ordinary can dispense in laws, even invalidating and inhabilitating laws, in doubt of fact, provided that it concerns laws in which the Roman Pontiff is accustomed to dispense. - Cf. Can. 15. From the general laws of the Church, Ordinaries below the Roman Pontiff cannot dispense, 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 there is danger of grave harm in delay, and the matter concerns a dispensation which is customarily granted by the Apostolic See (Can. 81).

Question 3. Can a Bishop dispense with pilgrims in vows, oaths, and common precepts of the Church?

Response. Affirmatively, as is clear from canons 1245 for the observance of feasts, abstinence, and fasting; 1313 for vows; 1320 for an oath. - Cf. St. Alphonsus, n. 158. - Baller., note (c), p. 101.

Question 4. Are Pastors able to dispense in some things?

Response. Pastors are able to dispense neither from a general law nor from a particular law, unless this power has been expressly granted to them (Can. 83).

This power indeed has been granted by law in singular cases and for a just cause, both in relation to subjects even absent and in relation to pilgrims present in their territory, for the observance of feasts, abstinence, and fasting. - Cf. Can. 1245, § 1; Can. 1044.

Question 5. Can a superior dispense with himself?

Response. Affirmatively, if he is primary; indeed also if he is secondary, if he has the general faculty of dispensing with others. - Cf. St. Alphonsus, Hom. Ap. n. 64.

Question 6. Can one delegated subdelegate?

Response. § 2. Power of jurisdiction delegated by the Apostolic See can be subdelegated either for an act, or even habitually, unless the industry of the person was chosen or subdelegation was prohibited.

§ 3. Power delegated for a universality of affairs by one who below the Roman Pontiff has ordinary power can be subdelegated in individual cases.

§ 4. In other cases delegated power of jurisdiction can be subdelegated only from a concession expressly made, but delegated judges can subdelegate some non-jurisdictional article even without an express commission.

§ 5. No subdelegated power can again be subdelegated, unless this has been expressly granted (Can. 199).

As regards § 2, thus C. 43 de officio et potestate delegati, 1, 29: "But he to whom it is enjoined that he personally execute the affair can, provided the parties consent, delegate this to others; except if we should command that an inquiry be made, or that provision be made for churches concerning prelates or other ministers; since in all these cases we seem to choose the industry and fidelity of the person to whom we commit such things." Cf. St. Alphonsus, n. 193; and de Sacr. Poenit. n. 566.