Chapter VIII. On Matrimonial Dispensations

I say 1°. The Pope can dispense from all impediments of ecclesiastical law, validly indeed in every case, because the whole force of the impediment proceeds from his will; but licitly, if he does this for a just cause, as right governance requires.

I say 2°. When danger of death is urgent, local Ordinaries, in order to provide for conscience and, if the case bears it, for the legitimation of offspring, can dispense both over the form to be observed in the celebration of marriage, and over all and singular impediments of ecclesiastical law, whether public or occult, even multiple, except impediments arising from the sacred order of the presbyterate and from affinity in the direct line, the marriage having been consummated; and they can dispense their proper subjects wherever dwelling and all persons actually staying in their proper territory, scandal being removed, and, if the dispensation is granted over disparity of cult or mixed religion, with the customary cautions having been furnished (Can. 1043).¹

This canon truly grants the most ample faculties of dispensing in the article of death, in order to provide for conscience and, if the case bears it, for the legitimation of offspring; an ample field indeed; in a word, whatever truly urges that marriage be entered, and that by it provision be made for conscience, and, if the case bears it, for the legitimation of offspring, even offspring not yet born, suffices. It is not required that the co-parties be in concubinage; one cause simply suffices, from the two aforesaid causes, for the faculty here conceded to be rendered into use. To local Ordinaries, as they are understood in law, the faculty of dispensing is conceded: 1. over the form to be observed in the celebration of marriage; therefore they can grant a dispensation so that the betrothed simply furnish consent between themselves; 2. over all and singular impediments of ecclesiastical law, impeding and diriment, public or occult, single and multiple.

Two impediments are not contained in this most ample faculty: one from the sacred order of the presbyterate, the other from affinity in the direct line, arisen from consummated marriage. The faculty extends to subjects, wherever they dwell, and to all, even non-subjects, actually dwelling in one's proper territory. Nevertheless scandal must be removed; and in cases in which dispensation is made in disparity of cult and mixed religion, the cautions must be furnished. It makes no difference whether the impediment directly affects the sick person or the well person. With relation to affinity, that which the New Code decreed concerning its source must be kept before the eyes. The impediment from affinity in the direct line, from consummated marriage, is excluded, not another impediment of affinity of the direct line.

I say 3°. In the same circumstances of things of which in can. 1043, and only for cases in which not even the local Ordinary can be approached, the same faculty of dispensing belongs both to the pastor, and to the priest who assists at marriage according to the norm of can. 1098, n. 2, and to the confessor, but this last only for the internal forum in the act of sacramental confession (Can. 1044).²

In danger of death, on account of the same causes, but when the Ordinary cannot be approached, the same faculty is given to the pastor; to the priest who assists at marriage according to the norm of Can. 1098, § 2; and also to the confessor, but to this one only for the internal forum, in which case, when the sick person recovers, a dispensation for the external forum must necessarily be sought. - Cf. Can. 1047.

Titius, dying, with a Catholic family, opens to the priest that he is not joined in marriage with Bertha. In youth they went to the nearer city, and, having returned, told their own that they had already contracted marriage; they never dared to speak about this matter. The case is contained in the canon.

Titius, dying, now lives in concubinage with Martina, the daughter of the widow Martha. Martha, having Martina from a prior marriage, had married Titius, with whom she never consummated marriage. Then, Martha having died, Titius began to exercise concubinage with Martina. Affinity is had in the direct line from a valid marriage. This case also is comprehended in this concession.

I say 4°. § 1. Local Ordinaries, under the clauses established at the end of Can. 1043, can grant a dispensation over all impediments of which in the cited can. 1043, as often as an impediment is discovered when now all things have been prepared for the nuptials, and marriage cannot be deferred, without probable danger of grave evil, until a dispensation is obtained from the Holy See.

§ 2. This faculty also avails for the convalidation of a marriage already contracted, if there is the same danger in delay and time is not available for recurring to the Holy See.

§ 3. In the same circumstances of things, all those of whom in Can. 1044 enjoy the same faculty, but only for occult cases in which not even the local Ordinary can be approached, or not except with danger of violation of secrecy (Can. 1045).

Outside the article of death, when now all things have been prepared, and an impediment is discovered, and marriage cannot be deferred without probable danger of grave evil until a dispensation is obtained from the Holy See, or in a perplexed case, as was said, then local Ordinaries can dispense, precisely as in the article of death, over all impediments of which in Can. 1043. This faculty avails also for the external forum. It must be noted that here it is not a question of the form to be observed in the celebration of marriage. But scandal must be turned away and the cautions, if necessary, furnished.

Indeed the same faculty avails also for the convalidation of marriage in the same danger of delay and difficulty of approaching the Holy See. This surely is a faculty very much desired.

But when a perplexed case arises, and the local Ordinary cannot be approached, or not except with danger of violation of secrecy, the pastor, the priest who assists at marriage according to the norm of can. 1098 n. 2, and the confessor enjoy the same faculty for occult cases only, but not for public cases.

I say 5°. The pastor or priest of whom in can. 1044 should at once make the local Ordinary more certain concerning a dispensation conceded for the external forum; and it is to be noted in the book of marriages (Can. 1046).

I say 6°. Unless the rescript of the S. Penitentiary bears otherwise, a dispensation conceded in the non-sacramental internal forum over an occult impediment is to be noted in the book carefully preserved in the secret archive of the Curia of which in can. 379; nor is another dispensation for the external forum necessary, even if afterward the occult impediment becomes public; but it is necessary if the dispensation had been conceded only in the sacramental internal forum (Can. 1047).

In canons 1046 and 1047 provision is made for marriages themselves, so that the parties are made secure and other unions to be contracted invalidly are rendered difficult and, insofar as can be done, morally impossible.³

I say 7°. § 1. In marriages whether contracted or to be contracted, one who enjoys a general indult of dispensing over a certain impediment can, unless something else is expressly prescribed in the indult itself, dispense over it even if the same impediment is multiple.

§ 2. One who has a general indult of dispensing over several impediments of diverse species, whether diriment or impeding, can dispense over the same impediments, even public ones, occurring in one and the same case (Can. 1049).

In paragraph 1, both for marriages to be contracted and for those contracted, there is declared the extension of the general faculty of dispensation over a certain impediment, so that it comprehends cases in which the same impediment is multiplied, unless the indult expressly establishes otherwise.

In paragraph 2 there is had a general concession, desired and most welcome; namely, the faculty of cumulating matrimonial dispensations in one and the same case is now declared to be contained in the general indult of dispensing over several impediments of diverse species, whether diriment or impeding, even public. Thus an Ordinary who has a general indult of dispensing in the impediment of consanguinity and of disparity of cult and of mixed religion can now cumulate dispensations in a case, for instance, in which consanguinity and mixed religion occur, and so concerning others.

I say 8°. If at any time with a public impediment or impediments over which someone can dispense by indult, there concurs another impediment over which he cannot dispense, the Apostolic See must be approached for all; if, however, the impediment or impediments over which he can dispense are discovered after a dispensation has been obtained from the Holy See, he will be able to use his faculties (Can. 1050).

The reason for the necessity of approaching the Holy See for all is the known principle: the whole gravity of the matter must become known to the one dispensing, and a greater number of impediments renders dispensation more difficult; and hence both must be set forth to the Holy See so that dispensation may be made by it in both, notwithstanding the indult of dispensing which an inferior may enjoy for one impediment. But now, otherwise than before, provided that the new impediment contained in his indult be found after a dispensation has been obtained from the Holy See over another impediment, the Ordinary can use his faculty. In his indult the Ordinary has a faculty for impediment A, but not for impediment B. A case occurs in which impediments A and B coexist together. The Ordinary, having read the supplicatory libellus, recognizes that he can furnish nothing. He must send to Rome a petition of dispensation for both. Let there be another example of the same impediments, and of the same faculty of dispensing over one, but not over the other. The Ordinary seeks a pontifical dispensation for one, not thinking that a pontifical dispensation for both is necessary. The dispensation over impediment B having been obtained, he himself concedes one for impediment A. Invalid, as it seems to us, is the dispensation which he gives. A third case. It is set forth to the Ordinary himself that impediment B stands in the way of some marriage. A pontifical dispensation has been obtained, and then, after the dispensation has been obtained, it is discovered that impediment A also is present; in these circumstances, now, otherwise than before, he can use his faculty. S. C. de Prop. Fide, 10 May 1887.

I say 9°. A dispensation from an impediment of consanguinity or affinity, conceded in some degree of the impediment, avails, although in the petition or in the concession an error concerning the degree has crept in, provided the degree really existing is inferior, or although another impediment of the same species in an equal or inferior degree was passed over in silence (Can. 1052).

Reg. 35, R. J. in VI°. That which is greater always contains in itself what is less. Reg. 53 R. J. in VI°. He to whom that which is greater is licit, to him surely that which is less is licit. It is a special concession, with account taken of the difficulty arising from a double impediment of consanguinity or affinity; an error is made in the petition relative to the degree; or some impediment is passed over in silence. The dispensation avails if the existing degree is inferior, or if the impediment passed over in silence was of the same species in an equal or inferior degree.⁴

I say 10°. A dispensation given by the Holy See over a ratified and non-consummated marriage, or permission made for passage to other nuptials on account of the presumed death of a spouse, always carries with it a dispensation from the impediment proceeding from adultery with a promise or attempted marriage, if any such is needed, but by no means a dispensation from the impediment of which in can. 1075, nn. 2, 3 (Can. 1053).

For it not rarely happens that those who have obtained from the Holy See a dispensation over a ratified and non-consummated marriage, or a document of liberty on account of the presumed death of a spouse, wish to enter a new marriage with a co-party with whom, during the prior bond, they were guilty of the deed of adultery with a promise of marriage, or contracted civil wedlock; and therefore, for example, an impediment stands in the way. Once the aforesaid dispensation or document of liberty has now been conceded, a dispensation from the first species of crime is considered conceded. - Cf. S. C. de Sacr. 3 June 1912.

I say 11°. A dispensation conceded from a lesser impediment is invalidated by no defect either of obreption or subreption, even if the one final cause set forth in the prayers was false (Can. 1054).

Therefore a dispensation simply avails for lesser impediments; nor does the concealment of truth, or subreption, stand in the way, nor the exposition of falsehood, or obreption, in consanguinity in the 3rd degree of the collateral line, in affinity in the 2nd degree of the collateral line, in public honesty in the 2nd degree, in spiritual kinship, and in crime from adultery with a promise of marriage or attempted marriage, even by a civil act only.

I say 12°. Dispensations over public impediments committed to the Ordinary of the petitioners are to be executed by the Ordinary who gave the testimonial letters or transmitted the prayers to the Apostolic See, even if the betrothed, at the time when execution must be given to the dispensation, having abandoned the domicile or quasi-domicile of that diocese, have departed into another diocese no longer to return, with the Ordinary of the place in which they desire to contract marriage nevertheless having been warned (Can. 1055).

Therefore he who transmitted the prayers to the Apostolic See, the same Ordinary must fulminate the dispensation committed to himself; and this even if the betrothed at the time of fulmination have departed from the diocese, not going to return there, with the Ordinary of the place in which they desire to contract marriage nevertheless having been warned.

I say 13°. Except for some moderate prestation under the title of chancery expenses in dispensations for non-poor persons, local Ordinaries or their officials, any contrary custom being reprobated, cannot, on the occasion of a conceded dispensation, demand any emolument, unless this faculty has been expressly given to them by the Holy See; and if they have demanded it, they are bound to restitution (Can. 1056).

Wherefore in no way can fines or taxes be demanded by Ordinaries on the occasion of dispensations, except for a moderate sum for sustaining the chancery, unless the Holy See has expressly conceded the faculty; besides, if they have demanded them, they are bound to restitution.

I say 14°. Those who concede a dispensation by power delegated by the Apostolic See are to make, in the same dispensation, express mention of the pontifical indult (Can. 1057).

Nevertheless, the validity of the concession seems in no way to depend upon this mention.

I say 15°. When from a certain and authentic document, which is subject to no contradiction or exception, it has been established concerning the existence of the impediment of disparity of cult, order, solemn vow of chastity, bond, consanguinity, affinity, or spiritual kinship, and at the same time with equal certitude it has appeared that a dispensation over these impediments has not been given, in these cases, with the solemnities heretofore reviewed having been omitted, the Ordinary, the parties having been cited, will be able to declare the nullity of the marriage, with nevertheless the intervention of the defender of the bond (Can. 1990).

Against this declaration the defender of the bond, if he has prudently judged that the impediments of which in can. 1990 are not certain or that a dispensation over the same has probably intervened, is bound to provoke to the judge of the second instance, to whom the acts must be transmitted and who must be warned in writing that it is a question of an excepted case (Can. 1991).

The judge of the other instance, with the sole intervention of the defender of the bond, will decree in the same manner of which in can. 1990 whether the sentence is to be confirmed, or rather whether one must proceed in the cause according to the ordinary course of law; in which case he remits it to the tribunal of first instance (Can. 1992).

¹ Cf. Addenda, p. 1137, n. 96.

² Cf. Addenda, pp. 1151, 1111, 1120, nn. 127, 53, 73.

³ Cf. Addenda, p. 1091, n. 19; p. 1120, n. 74; p. 1121, n. 76.

⁴ Cf. Addenda, p. 1119, n. 71.

Question 1. What are the impediments in which the Pope himself can properly give no dispensation?

Resp. There are at least three, namely: consanguinity in the first degree of the direct line, bond, and impotence, because these are certainly of natural and divine law. Nevertheless, on account of most urgent causes, he can declare in some particular case that the Marriage is valid, notwithstanding some impediment concerning which it is doubted whether it is of natural or divine law, just as Clement XI and Urban VIII in fact declared. - Cf. S. Alphonsus, nn. 902 and 1119.

Question 2. What must be said concerning the Matrimonial Faculties which are conceded to Ordinaries by force of general concessions?

Resp. The Sacred Consistorial Congregation issued a decree concerning certain faculties of Ordinaries.

... Our Most Holy Lord Benedict XV, Pope, after consultation with a special meeting of the Most Eminent Cardinal Fathers, by this decree of the S. Consistorial Congregation established and sanctioned those things which follow:

(1) with the exception of places subject to the S. Congregation de Propaganda Fide, for which in their own time those things which will be opportune will be decreed, elsewhere, namely in all dioceses subject to common law, all faculties for the external forum conceded to Ordinaries, and which are contained in the Formularies and Brief reviewed above, will cease from the day 18 May of this year, and will no longer be able to be in use;

(2) nevertheless in more remote places and others to which, whether on account of the present war or for any other reason, notice of the present decree shall not have arrived in useful time, the Most Holy Lord holds ratified dispensations and ordinations perhaps conceded by Ordinaries by force of the old faculties; with this nevertheless remaining firm, that from the day of received notice, if the matter is still whole, they conform themselves to this decree;

(3) faculties for the internal forum given by the S. Penitentiary, and others conceded by reason of the present war, or obtained by Ordinaries for peculiar causes, are not comprehended under the disposition of this decree, and therefore are not abolished;

(4) concerning matrimonial dispensations, although by force of canons 1043-1045 Ordinaries can bestow opportune dispensations "when danger of death is urgent" and "as often as an impediment is discovered when now all things have been prepared for the nuptials, and marriage cannot be deferred without probable danger of grave evil," nevertheless the Most Holy Lord, with attention to the adjuncts of times and places, decreed that these things should further be indulged:

(a) that local Ordinaries in America, in the Philippine Islands, in the East Indies, in Africa outside the shores of the Mediterranean Sea, and in Russia, for five years from the day 18 May of this year, may be able to dispense from impediments of lesser degree which are reviewed in can. 1042, with the rules established in that chapter of the Code being observed; and likewise that they may be able to sanate in the root marriages invalidly contracted on account of some impediment of the same lesser degree, according to the rules laid down in chapter XI, title VII, book III of the Code "concerning the convalidation of marriage," the party conscious of the impediment having been warned concerning the effect of the sanation;

(b) that the same local Ordinaries may likewise be able, for five years, to dispense from impediments of greater degree, whether public or occult, even multiple, yet of ecclesiastical law, with the exception of impediments proceeding from the sacred order of the presbyterate and from affinity in the direct line from consummated marriage, as well as from the impeding impediment of mixed religion, if the petition for dispensation has been sent to the S. See and an urgent necessity of dispensing has supervened while recourse is pending. Nevertheless, in conceding dispensations in these cases, the Ordinary should always have before his eyes the rules established in the Code, book III, title VII, chapters 2, 3, and 4, concerning impediments in general and in species, and likewise the clauses customarily appended in marriages with Hebrews and Mohammedans; nor should he concede the dispensation unless he has taken care concerning the full observance of all these things according to the prescriptions of the sacred canons, and provides for the rights of the S. Congregation for the discipline of the Sacraments concerning payment of taxes;

(c) that the Ordinaries of France, of the three kingdoms of Great Britain, of Germany, Austria, and Poland, during the war, as often as access to the S. See is foreseen to be difficult or impossible for at least a month, may be able to use the same faculties which are reviewed above under letters (a) and (b).

The present things to avail by mandate of the Most Holy, anything contrary notwithstanding.

Given at Rome, from the Secretariat of the S. Consistorial Congregation, on the day 25 April 1918.

• C. Card. De Lai, Bishop of Sabina, Secretary.

• V. Sardi, Archbishop of Caesarea, Assessor.

In the Decree of the S. Consistorial Congregation of the day 2 August 1918, On the Extension of the Faculties of Certain Ordinaries During the War, among other things these are had:

But on the part of many Ordinaries of America it was observed that, from the lack of security of the sea on account of the present war, they were placed in a condition even worse than the Ordinaries of Europe reviewed under letter (c); and therefore they offered humble prayers that they might be fortified with an equal indult as those: for it is certain in the present state of affairs that more than a month is required for approaching the S. See from America. Moreover, the Most Holy Lord judged that these requests, which seemed just to him, should be granted; and therefore by the present decree of the S. Consistorial Congregation he benignly indulges, for the time of the present war, that the Ordinaries of the more remote places, of which under letter (a), may be able to dispense from greater impediments and from the impeding impediment of mixed religion, and to sanate in the root marriages invalidly contracted on account of a diriment impediment of which above, without being obliged to observe that condition and restriction placed under letter (b), that is, if the petition for dispensation has been sent to the S. See and an urgent necessity of dispensing has supervened while recourse is pending. Nevertheless individual Ordinaries must, at the end of any year, as long as this hard condition of things shall persevere, render an account to the S. Congregation of Sacraments concerning the species and number of dispensations which they themselves have conceded, and on that occasion satisfy the rights of the S. Congregation concerning payment of taxes. The present things to avail, while the adjuncts which now exist endure, and anything at all contrary notwithstanding. Given at Rome from the S. Consistorial Congregation, on the day 2 August 1918.¹

¹ Cf. Addenda, p. 1091, n. 20.

Question 3. When a dispensation has been conceded, is legitimation of offspring conceded?

Resp. Through a dispensation conceded over a diriment impediment, whether from ordinary power or from power delegated by general indult, but not through a rescript in particular cases, there is also conceded by that very fact legitimation of offspring, if any shall have already been born or conceived from those with whom dispensation is made, excepting nevertheless adulterine and sacrilegious offspring (Can. 1051).

In this canon the disposition of law concerning legitimation of offspring is declared. For either a dispensation over a diriment impediment is conceded from ordinary power, and then through the dispensation there is also conceded legitimation of offspring already born or conceived, excepting adulterine or sacrilegious offspring; or the dispensation is conceded from power delegated by general indult, and then through the dispensation legitimation is also conceded as above; or it is conceded from power by rescript in particular cases, and then through the dispensation legitimation is not conceded by that very fact.

I say 1°. For the liceity of a dispensation, a cause is always required, both on the part of the one conceding, whoever he may be, and on the part of the one asking. The reason is taken from this, that otherwise the power would not be applied for governing rightly. Besides, it is established from the Council of Trent, sess. 24, cap. 5, de Reform. Matrim., where it is said: "In marriages to be contracted either let no dispensation at all be given, or rarely, and let it be conceded for a cause and gratis."

I say 2°. For the validity of dispensations of greater degree, it is required that there be no subreption or obreption falling upon the motive or final cause, or also none simply essential, namely suppression of truth or expression of falsehood concerning those things which by law, custom, or style of the Roman Curia must necessarily be opened. The reason is that the superior is not judged to dispense except under the tacit condition: if the prayers rest upon truth.

A dispensation conceded from a lesser impediment is invalidated by no defect either of obreption or subreption, even if the one final cause set forth in the prayers was false.

Question 1. What are the just causes, namely canonical causes, that dispensation be made in diriment impediments?

Resp. To remove every doubt concerning this matter, the S. Congr. de Prop. Fide on the day 9 May 1877 issued an Instruction, where it enumerates these causes thus:

"1. Narrowness of place, whether absolute or relative, by reason only of the female petitioner, namely when in the place of origin or even domicile the woman's kinship has been so propagated that she cannot find another of equal condition whom she may marry, except a consanguineous or affine person, and for her to leave the fatherland would be hard.

2. Over-adult age of the woman, namely if she has already passed the 24th year of age and hitherto has not found a man of equal condition whom she can marry. But this cause does not support a widow who desires to pass to other nuptials. Now it is enough that it be established concerning over-adult age, nor is it necessary to prove that up to that age she did not find a man of equal condition whom she could marry. S. Pen. 11 Mar. 1902.

3. Deficiency or incompetence of dowry, namely if the woman does not actually have so great a dowry that she can marry an outsider of equal condition, who is neither consanguineous nor affine, in the proper place in which she dwells. This cause urges more if the woman exists wholly undowered, and a consanguineous or affine man is prepared to take her as wife, or even conveniently to endow her wholly from his own resources.

4. Lawsuits over succession of goods already arisen, or grave or imminent danger of the same. If the woman sustains a grave lawsuit over succession of goods of great moment, and there is no other who would take up a lawsuit of this kind upon himself and pursue it at his own expense, except the one who desires to take her as wife, a dispensation is usually conceded; for it is of interest to the commonwealth that lawsuits be extinguished. To this another cause comes very near, namely Dowry involved in lawsuits, when, that is, the woman is destitute of another man by whose help she may be able to recover her goods. But a cause of this kind suffices only for the more remote degrees.

5. Poverty of a widow who is burdened with numerous offspring, and the man promises to support her. But sometimes by the remedy of dispensation assistance is given to a widow only for this cause, that she is younger, and is placed in danger of incontinence.

6. The 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 adduced either for extinguishing grave enmities which have arisen between the consanguineous or affine relatives of the contracting parties, and which would be wholly composed by the celebration of Marriage; or when grave enmities have flourished between the consanguineous and affine relatives of the contracting parties and, although peace between them has already been entered, nevertheless the celebration of Marriage would contribute greatly to the confirmation of that peace.

7. Excessive, suspect, dangerous familiarity, and also cohabitation under the same roof, which cannot easily be impeded.

8. Intercourse previously had with a consanguineous or affine woman or another person laboring under an impediment, and pregnancy, and therefore legitimation of offspring, namely that provision be made for the good of the offspring itself and the honor of the woman, who otherwise would remain unmarried. This indeed is one of the more urgent causes, on account of which dispensation is usually given even to plebeians, provided the intercourse was not perpetrated under hope of an easier dispensation; which circumstance would have to be expressed in the supplication. Those things which are said here concerning the necessity of manifesting this circumstance were recently abrogated by the Supreme Pontiff Leo XIII, as is clear from the Response of the S. Office given on the day 25 June 1885. - Cf. Third Plenary Council of Baltimore, p. 253.

9. Infamy of the woman, arisen from suspicion because she, too familiar with her consanguineous or affine relative, is thought to have been known by the same, although the suspicion is false, namely when, unless Marriage is contracted, the woman would remain gravely defamed or unmarried, or would have to marry a man of unequal condition, or grave damages would arise.

10. Revalidation of Marriage.

11. Danger of mixed Marriage, or of being celebrated before a non-Catholic minister. When there is danger that those wishing to contract Marriage in some even of the greater degrees, from denial of dispensation, may approach a non-Catholic minister for celebrating nuptials, the authority of the Church being spurned, there is found a just cause of dispensing; because there is present not only very grave scandal of the faithful, but also fear of perversion and defection from the faith of those acting thus and despising the impediments of Marriage, especially in regions where heresies rage with impunity. This S. Congregation taught in the Instruction given on the day 17 April 1820 to the Archbishop of Quebec. Likewise, when the Apostolic Vicar of Bosnia had asked whether he could bestow a dispensation on those Catholics who allege no other motive than insane love, and at the same time it is foreseen that, the dispensation being denied, they are about to enter wedlock before an infidel judge, the S. Congregation of the S. Office, in Feria IV, 14 Aug. 1822, decreed: 'it must be answered to the petitioner, that in the case set forth he should use the faculties committed to him in Form II, according as he shall judge expedient in the Lord.' The same must be said concerning the danger that the Catholic party with a non-Catholic may dare to celebrate Marriage.

12. Danger of incestuous concubinage. From the Instruction of the year 1822 recalled above, it shines forth that the remedy of dispensation must be applied lest someone become filthy in concubinage with public scandal and evident danger of eternal salvation.

13. Danger of civil Marriage. From the things said it follows that the probable danger that those who seek a dispensation, if it is not obtained, are going to celebrate Marriage merely civilly, as they say, is a legitimate cause of dispensing.

14. Removal of grave scandals.

15. Cessation of public concubinage.

16. Excellence of merits, when someone, either by struggle against the enemies of the Catholic faith or by liberality toward the Church or by doctrine, virtue, or in another way, has deserved very well of Religion."

Question 2. What things must necessarily be expressed in the petition for dispensation?

Resp.

1. The name and surname of the petitioners; the diocese of origin or of actual domicile or quasi-domicile. Canon 47 is to be recalled: Rescripts are not rendered invalid on account of an error in the name of the person to whom or by whom they are conceded, or of the place in which the person dwells, provided that in the judgment of the Ordinary there is no doubt concerning the person or the matter itself.

2. The species, even the lowest, of the impediment: whether it is consanguinity, or affinity, or public honesty; whether the direct or collateral line; in the impediment of crime, whence it proceeds; filiation in spiritual kinship.

3. The degree of consanguinity or affinity. A dispensation avails in these impediments, although in the petition or in the concession an error concerning the degree has crept in, provided the degree really existing is inferior, or although another impediment of the same species in an equal or inferior degree was passed over in silence. - Cf. Can. 1052. Impediments of lesser degree are: 1°. Consanguinity in the third degree of the collateral line; 2°. Affinity in the second degree of the collateral line. Cf. Can. 1042. A dispensation conceded from a lesser impediment is invalidated by no defect either of obreption or subreption, even if the one final cause set forth in the prayers was false (Can. 1054).

4. The degree of public honesty. - Cf. above, N. 874, Q. 14.

5. The number of impediments, for example, if there is double or multiple consanguinity or affinity, or if besides kinship there is also affinity, or any other impediment whatever, whether diriment or impeding.

6. Various circumstances, namely whether the Marriage is to be contracted or has been contracted; if already contracted, it must be opened whether in good faith, at least on the part of one, or with knowledge of the impediment; likewise whether with denunciations premised, and according to legitimate form; or whether under hope of more easily obtaining the dispensation.

Here also it will be worth the labor to recall canon 37, placed above, n. 123, which perhaps in certain more difficult cases could be of use. A rescript can be obtained for another even besides his assent; and although he himself can choose not to use the grace conceded by rescript, nevertheless the rescript avails before his acceptance, unless something else appears from the clauses appended.

Concerning certain abuses and irregularities in the concession of matrimonial dispensations, let the letters given by the Sacred Congregation de Propaganda Fide on the day 2 Aug. 1901 be consulted. Amer. Eccl. Rev., vol. 26, p. 200.

Question 3. Does the dispensation cease, the final cause of the dispensation totally ceasing, for example, if the offspring to be legitimated through Marriage has died?

Resp. Negatively, if the cause ceases when the dispensation has already been expedited and communicated by the delegate to the supplicants, even if it ceases before the celebration of Marriage, namely before the begun use of the dispensation. The reason is that as soon as the dispensation was communicated either to the betrothed themselves or to another person, for example, to the Pastor acting in their name, the impediment was already removed. But otherwise one must say if the cause ceases at any other moment before the removal of the impediment, unless the dispensation is pontifical from an impediment of lesser degree.

The Holy See has committed the business of granting matrimonial dispensations to certain Roman Congregations, as is clear from the Constitution previously commemorated, Sapienti Consilio: I. 1. 5. "The faculty of the Holy Office remains entire for taking cognizance of those things which are involved concerning the Pauline privilege, and the impediments of disparity of cult and mixed religion," besides those things which touch dogmatic doctrine concerning marriage, just as also concerning the other Sacraments. I. 3°. 2. 3. To the Congregation for the discipline of the Sacraments are attributed all those things which up to this point were accustomed to be decreed and conceded by other Congregations, Tribunals, or Offices of the Roman Curia, "as dispensations in the external forum both for the poor and for the rich, sanations in the root, dispensation over ratified marriage, separation of spouses, restitution of birth or legitimation of offspring"; it resolves questions concerning the validity of marriage, with the right of the Holy Office preserved. II. 1. The Tribunal of the Sacred Penitentiary bestows dispensations, absolutions, sanations for the internal forum. I. 6°. 6. The S. Cong. de Prop. F. had united to itself the congregation for the affairs of oriental rites, for which power remains entire, as before; an example of this is the Decree of 17 Aug. 1914 concerning the Greek-Ruthenians in the federated states. I. 5°. 1. The S. C. for Religious dispenses in the vow of chastity as regards religious members. Cf. Can. 246-258.

Question 1. In what way must a dispensation be sought if two impediments are present, of which one is public, the other occult?

Resp. The dispensation of the public impediment must be sought from the S. C. Sacr., the other being kept silent, which must remain secret, and both must be expressed in the supplication to the Penitentiary, at the same time setting forth the other dispensation obtained from the S. C. Sacr. - Cf. S. Alphonsus, n. 1139.

Question 2. In what way must the dispensation be executed?

Resp. No formula is prescribed under pain of invalidity or under precept, for none is had in the Roman Ritual. Nevertheless it can be done in the following manner: (a) As regards a dispensation of the S. Penitentiary, after absolution these or similar words are to be said: By apostolic authority I dispense thee over the impediment N., which thou hast incurred, so that thou mayest be able to enter Marriage, or to perfect it once entered, and I render legitimate the offspring received, or to be received. In the name of the Father, etc. But if the dispensation is from a vow of chastity, let it be said: Moreover, the vow of chastity which thou hast emitted, by dispensing I commute into the works which I have prescribed to thee, so that thou mayest be able to contract Marriage and to use it. In the name, etc. (b) As regards a dispensation of the S. C. Sacr., it is conceded either in gracious form or in commissorial form. If the dispensation is of lesser degree, there is no difficulty from the cause. But when the truth of the motive cause is required for validity, that cause must exist then, when the dispensation is actually conceded.

§ 1. If in a rescript the mere ministry of execution is committed, the execution of the rescript cannot be denied, unless either it is manifestly clear that the rescript is null by defect of subreption or obreption, or in the rescript there are appended conditions which the executor knows have not been fulfilled, or the one who obtained the rescript seems so unworthy, in the judgment of the executor, that the concession of grace will be for the offense of others; if this last thing happens, the executor, execution having been interrupted, should at once make the rescriber more certain concerning this matter.

§ 2. But if in the rescript the concession of the grace is committed to the executor, it belongs to him, according to his prudent judgment and conscience, to concede or deny the grace (Can. 54).

The executor of a rescript functions invalidly in his office before he has received the letters and recognized their authenticity and integrity, unless prior notice of the same has been transmitted to him by authority of the rescriber (Can. 53).

You Will Resolve. What if a confessor in confession detects that the marriage of the penitent is null on account of an occult impediment and unknown to the penitent himself? Let him prudently be silent; indeed to admonish the one confessing can bring forth very grave inconveniences; meanwhile let him skillfully and energetically inquire, in the sacred tribunal itself, into the mind of the penitent with relation to his family life. But if he finds him not disposed to those things which would have to be done in order that the marriage be validated, let him continue to be silent, and dispose him by frequent use of the Sacraments, although a rather long time may be required; at length, when the penitent is found wholly prepared to renew consent, let him narrate the matter to him in kindly words, extolling the grace of the Sacrament, and obtain the dispensation.

But if the penitent is conscious of some occult impediment, let him altogether admonish him of his obligation of avoiding the rendering of the debt until the dispensation is obtained. Once it has been obtained and notified, that spouse should duly furnish consent, if it is a simple dispensation; but if it is a sanation in the root, he should do those things which are enjoined. But what if the person cannot withdraw from the co-party, the husband, nor avoid the debt, except with danger of most grave harm? Surely the case is difficult. If it is a question of entering or convalidating marriage, let the following canon 1045 be seen:¹

§ 1. Local Ordinaries, under the clauses established at the end of can. 1043, can grant a dispensation over all impediments of which in the cited can. 1043, as often as an impediment is discovered when now all things have been prepared for the nuptials, and marriage cannot be deferred, without probable danger of grave evil, until a dispensation is obtained from the Holy See.

§ 2. This faculty also avails for the convalidation of a marriage already contracted, if there is the same danger in delay and time is not available for recurring to the Holy See.

§ 3. In the same circumstances of things, all those of whom in can. 1044 enjoy the same faculty, but only for occult cases in which not even the local Ordinary can be approached, or not except with danger of violation of secrecy. Let canons 1043 and 1044 be accurately read.

¹ Cf. Addenda, p. 1150, n. 125.

Most Blessed Father,

John N. and Anna N., of the parish commonly called N., Diocese N., desire to enter Marriage with one another, but because there stands in the way the impediment (here is placed the impediment, whatever it may be), therefore they humbly beg from Your Beatitude the dispensation necessary for them. The reasons are: 1°. the age of the girl, who, now having been born twenty-five years, would probably not find another man whom she could suitably marry; 2°. the Christian virtues existing in each petitioner (let other causes be placed if they are present).

Most humbly kissing the feet of Your Holiness, with the highest reverence and devotion by which it is fitting, I remain,

Of Your Holiness Most submissive, N. N.

Given at N., on day N., in year N.

Note 1°. If the petitioners are poor, after the reasons have been set forth, let it be added: The petitioners exist poor and miserable, and live only from their own labor and industry.

Note 2°. The supplication composed by the Pastor of the petitioners must be sent to the Bishop. But the Bishop, or in his place the Vicar General, sends it, furnished with testimony, seal, and episcopal signature, to Rome to his mandatary who solicits the dispensation, and transmits it to the Bishop.

Most Eminent Prince,

It is most humbly set forth to Your Eminence, on the part of the petitioners Titius and Caia, that they intend to contract Marriage, but that Titius, being married, carnally knew Caia by perfect intercourse while his own wife Sempronia was still living, and they mutually gave faith to each other concerning Marriage to be contracted between them, if Sempronia, the wife of Titius, should die first; and she also died first through poison administered by Titius. But since from the premises the impediment of crime has arisen, and therefore they cannot contract Marriage either licitly or validly, the petitioners supplicate for the grace of dispensation over that impediment of crime, so that they may be able publicly to contract Marriage between themselves and afterward remain in it licitly and freely, and the offspring may be decreed legitimate. The impediment is wholly occult, and there is urgent danger of perseverance in sin, indeed even of grave scandal, if they cannot be coupled in legitimate Marriage. Wherefore, for the quiet of their conscience, grieving exceedingly over the premises, they humbly supplicate Your Eminence, that concerning these matters you may deign to provide, by Apostolic authority, an opportune remedy.

Reverently kissing the hands of Your Eminence, with the highest devotion by which it is fitting, I remain,

Of Your Eminence, Most obedient and most devoted, N. N. Pastor N. N.

Given at Baltimore, N. N. N.

Most Eminent Prince,

Titius, being married, carnally knew Caia by perfect intercourse while his own wife Sempronia was still living, and they mutually gave faith to each other concerning Marriage to be contracted between them, if Sempronia, the wife of Titius, should die first; and, after Sempronia had died first through poison administered by Titius, conscious (or ignorant, or Titius conscious or ignorant, or Caia conscious or ignorant) of the impediment, in the face of the Church, with proclamations premised (or dispensed), or, with no proclamations premised, before a civil Magistrate or a heretical herald, they contracted Marriage and consummated it by carnal intercourse (if each party or either party still perseveres in good faith, let that be expressed; likewise whether each party or either party, conscious of the impediment, now abstains from intercourse or nevertheless has persisted in it). Wherefore, since the impediment is wholly occult and separation cannot be made without scandal, I most humbly beg Your Eminence that you benignly indulge a dispensation to them, insofar as they may be able validly to contract.

Of Your Eminence, etc.

Note. Externally, when the letter has been signed, the inscription should be placed thus: To the Most Eminent and Most Reverend Lord D. S. R. E. Cardinal Major Penitentiary, Rome. It will be useful to give the letter to one's own Bishop, who will take care concerning transmission.

The formulae which follow will be useful for petitioning dispensations from our Ordinaries according to the faculties conceded to them.

Most Illustrious and Most Reverend Lord,

John N. and Anna N. of this my parish, or of the parish or mission N., of this Diocese, or Diocese N., consanguineous in the third equal degree in the transverse line, desire to enter Marriage with one another, and therefore they humbly beg from Your Most Illustrious Lordship the dispensation necessary for them. - The reasons are (here let the reasons and the circumstances necessarily to be expressed, if any are present, be set forth).

Reverently kissing the hands of Your Lordship, with the highest devotion by which it is fitting, I remain,

Of Your Most Illustrious Lordship, Most devoted servant, N. N. Pastor N. N.

Given at N. N.

Note 1°. If the betrothed belong to diverse Dioceses, this is more rightly expressed, and indeed immediately after the family name of each. Besides, the dispensation is more suitably petitioned through the Pastor of the bride, if the impediment is common to each of the contracting parties, as is the impediment of consanguinity.

Note 2°. If the degree of consanguinity is diverse or mixed, or several public impediments are given at the same time, all, as is clear, must be clearly expressed.

Note 3°. If the circumstances necessarily to be expressed are occult, they cannot, as is clear, be expressed in this same supplicatory libellus.

Most Illustrious, etc.,

Titius and Caia, while the first wife of Titius was still living, carnally knew one another and mutually gave faith to each other concerning Marriage to be contracted between them, if the wife of Titius should die first; she now being dead, but with neither of the petitioners plotting against her death, they desire to contract Marriage between themselves. But since the impediment of crime proceeding from adultery and promise is occult, and unless Marriage is contracted between them there threatens danger of scandals or of perseverance in sin, therefore, for avoiding these things and for the quiet of their conscience, they humbly supplicate that Your Most Illustrious Lordship may deign most clemently to impart to them the grace of dispensation.

Of Your Lordship, etc.

Most Illustrious, etc.,

It is humbly set forth to Your Most Illustrious Lordship on the part of the devout petitioners John N. and Anna N. of the parish ... Diocese ... (see above), that they, formerly ignorant that some impediment existed between them by which they could not be matrimonially coupled to each other, with no impediment detected or denounced, contracted, and solemnized it in the face of the Church and consummated it by carnal intercourse. But afterward it came to their notice that they are joined to each other in the third degree of consanguinity touching the second, on account of which they abstained from carnal intercourse (or - and nevertheless persisted in the same carnal intercourse). But since the aforesaid petitioners cannot remain in a Marriage of this kind without dispensation, and if separation were made between them, grave scandals could arise therefrom, they supplicate that, the pardon of the ecclesiastical law having been most clemently given to them, they may be able to enter Marriage in the face of the Church and afterward live in it licitly and freely.

Of Your Lordship, etc.

Most Illustrious, etc.,

It is humbly set forth to Your Most Illustrious Lordship, in the name of the petitioners John N. and Anna N. of the parish N., Diocese N., that they, formerly knowing themselves to be joined in the second (or third, etc.) equal (or unequal) degree of consanguinity, petitioned from Your Most Illustrious Lordship a dispensation for validly contracting Marriage between themselves, the said impediment notwithstanding; but having suffered refusal, blinded by insane lust, they contracted and consummated incestuous Marriage before a civil magistrate (or heretical herald), from which already (let the number be placed) they have received children. But now by the grace of God, greatly fearing the danger of eternal salvation, they weep over the life passed before and desire to repair it. But since, if separation were made between them, grave scandals would arise therefrom and great harm for their children; and since they cannot remain in Marriage without dispensation, they supplicate that Your Most Illustrious Lordship may deign to dispense with them, insofar as, in the face of the Church, yet with the public denunciations omitted, they may contract Marriage with each other, consent having been renewed, and may licitly remain in it.

Of Your Lordship, etc.

Most Illustrious, etc.,

Caia, of the Diocese N., ignorant of the impediment of crime arisen from adultery with a promise of marriage, contracted Marriage in the face of the Church and with denunciations premised, in good faith, with a man bereaved of his wife. Wherefore, since they cannot be separated without scandal, and danger of incontinence lies beneath, the putative husband being wholly ignorant of the impediment, and therefore matrimonial consent cannot be renewed without grave danger of disagreements; hence she humbly supplicates for the remedy of dispensation over an impediment of this kind, wholly occult, in the root of the Marriage, so that without renewal of consent the Marriage may be able to be sanated.

Of Your Lordship, etc.

Most Illustrious, etc.,

John N. and Anna N., desiring to enter Marriage between themselves, earnestly ask that a dispensation over the three proclamations be conceded to them. The reasons are (let them be set forth sincerely).

Of Your Lordship, etc.

Note. If the causes for petitioning the dispensation are not honorable, or at least not public, let no names be placed except fictitious ones, namely: TITIUS AND BERTHA.

Most Illustrious, etc.,

Anna N., a Catholic of parish N., desires to enter Marriage with Robert N. from place N., attached to sect N. (or a baptized non-Catholic). - The non-Catholic party before me under faith of oath promised that all infants of each sex to be born from that Marriage are to be baptized and educated in the Catholic faith, and that for them, as also for the co-party, the exercise of the Catholic religion will be wholly free. Besides, the Catholic party promised that she, with her powers, would take care that, insofar as it will be in her, the other party be converted to the true Faith. Wherefore she humbly supplicates Your Most Illustrious Lordship, that you may deign to concede to her, by Apostolic authority, a dispensation over this impediment. The causes are (let the causes be set forth, for example, various attempts that the female petitioner renounce such a Marriage; founded hope of conversion of the non-Catholic party, etc.).

Of Your Lordship, etc.

1. If someone claims his right from validly contracted betrothals against a party about to enter marriage with another, must the marriage be suspended until there has been action concerning the just cause of dispensation from the prior betrothals and concerning reparation of damages, if any is due? (Can. 1017, § 3).

Resp. Negatively, or that an action concerning the just cause of dissolution of betrothals is no longer admitted; but that an action of reparation of damages does not suspend the celebration of marriage.

2. Whether the action of reparation of damages, of which in can. 1017, § 3, pertains to the ecclesiastical forum or to the civil?

Resp. The action of reparation of damages, of which in can. 1017, § 3, is of mixed forum.

3. If the bride or bridegroom are found ignorant of Christian doctrine, is there place for rejecting them from marriage, or for deferring marriage until instruction? (Can. 1020, § 2.)

Resp. Let the pastor observe the prescription of canon 1020, § 2; and while he performs those things which the Code prescribes to be performed, let him diligently teach to the ignorant betrothed at least the first elements of Christian doctrine; but if they refuse, there is no place for rejecting them from marriage according to the norm of canon 1066.

4. If the party after attained puberty has dwelt for more than six months in very distant and separated shores, from which a longer time is required in order that regular attestation of liberty of status be had, yet the celebration of marriage is urgent, does there suffice in the case, for making certain the liberty of status, the oath of the party with the testimony of two, or, if two cannot be had, of at least one, who had dwelt with him in those regions? (Can. 1023, § 2.)

Resp. The matter is remitted to the prudent judgment of the Ordinary, who can prescribe other proofs, not excluding a supplementary oath, according to the norm of canon 1023, § 2.

5. What if illicit and occult intercourse preceded the birth of the woman to be married, concerning whom it could be doubted whether she is the daughter or sister of the other party? (Cann. 97, § 1, 1077, etc.).

Resp. Provision has been made by can. 1076, § 3.

6. Is the force of the new Code retroactive in these things which are modified concerning betrothals and impediments both impeding and diriment of marriage, so that any right acquired by force of valid betrothals can in no way be claimed, except insofar as the new Code concedes, and contracted impediments modified by the new Code need no dispensation? (Cann. 4, 10.)

Resp. The Code, even as regards betrothals and impediments, does not have retroactive force; but betrothals and marriages are governed by the law in force when they were contracted or will be contracted, yet with canon 1017, § 3 preserved as regards an action from betrothals.

7. What must be said concerning marriages, if any are null from the head of impediments abrogated by the new Code: do those marriages become valid by the very promulgation of the new Code, or even after the said promulgation do they need dispensation, sanation, etc.? (Cann. 4, 10.)

Resp. Negatively to the first part; affirmatively to the second.¹

8. Whether spiritual kinship contracted before the day of Pentecost of the year 1918 beyond the limits now defined by the new Code in can. 768, from the aforesaid day of Pentecost ceases by the fact itself as regards all effects, or only ceases to be an impediment to marriage? (Cann. 768, 1079.)

Resp. Negatively to the first part; affirmatively to the second.

(A. A. S. Year X, n. 8 - 1 August 1918.)

¹ Cf. Addenda, p. 1138, n. 97.