§ II. On the Privileges of Bishops

The privileges of Bishops regard: 1st, censures; 2nd, irregularities; 3rd, impediments of matrimony; 4th, vows and oaths; 5th, other diverse cases. - Cf. St. Alphonsus, Appendix on privileges; and Hom. Ap., tract. 20, cap. 3.

Concerning Censures. §1. In public cases the Ordinary can remit penalties latae sententiae established by common law, except:

1st. Cases brought to the contentious forum;

2nd. Censures reserved to the Apostolic See;

3rd. Penalties of inability for benefices, offices, dignities, functions in the Church, the active and passive voice, or privation of these, perpetual suspension, infamy of law, privation of the right of patronage and of a privilege or grace granted by the Apostolic See.

§2. But in occult cases, with the prescription of can. 2254 and 2290 remaining firm, the Ordinary can remit, by himself or through another, penalties latae sententiae established by common law, except censures reserved in a most special or special manner to the Apostolic See (Can. 2237).

Concerning Irregularities. §1. It is lawful for Ordinaries by themselves or through another to dispense their subjects from all irregularities arising from an occult delict, except that of which in can. 985, n. 4, or another brought to the judicial forum (Can. 990).

Concerning Impediments of Matrimony. When danger of death is urgent, Ordinaries of places can dispense their subjects, wherever they are staying, and all actually dwelling in their own territory, both over the form to be observed and over each and every impediment of ecclesiastical law, except the impediment arising from sacred presbyterate and from affinity in the direct line, once the marriage has been consummated. Cf. Can. 1043.

The same Ordinaries can do the same over the same impediments whenever the impediment is detected when all things are already prepared, and the marriage cannot be deferred until a dispensation is obtained from the Holy See; indeed, in the same danger of delay this faculty is valid for the convalidation of marriage. Cf. Can. 1045, §§1, 2.

Concerning Vows and Oaths. With regard to subjects and travelers, they can dispense from non-reserved vows, for a just cause, provided that the dispensation does not injure the right of others. Cf. Can. 1313, §1. And in a similar way they can irritate, dispense from, etc., a promissory oath. Cf. Can. 1320.

Concerning Other Particular Cases. 1st. They can dispense in all matters of lesser moment, both from custom and because recourse to the Pope would be too inconvenient.

2nd. In all things which commonly occur, for example, in fasting, in abstinence, for particular cases and persons.

3rd. In all statutes or laws, even universal ones, which have a clause permitting dispensation generally and without restriction, for example, until it is dispensed.

4th. Of choosing for themselves and their household members a priest for hearing confessions, who, if he lacks jurisdiction, obtains it by the law itself, even as regards sins and censures, reserved ones also, except censures reserved to the Holy See in a most special manner and those which are annexed to the revelation of the secret of the Holy Office. Cf. Can. 349. Cases reserved to the Ordinary of the place are included.

5th. The privileges of Bishops are found in can. 349, §1; 239, §1, nn. 7-12, n. 2, nn. 3, 4, nn. 5, 6; 811, §2; 459, §3, n. 3; 1028; 1043; 1045, §1, 2; 1245; 469; 914; 534; 1532; 806; 822; 1006; 1043; 1245; 1304.¹

¹ Cf. Addenda, p. 1092, n. 25.