Article — Wouters, Manual of Moral Theology
Article II. On the Causes of Dispensing
I. Notion. A cause of dispensing, taken generally, is the reason which moves the superior to dispense. But a canonical cause is one which is recognized by law itself, whether written or customary.
II. Necessity of a cause. A dispensation granted without a just cause, even by the legislator himself, is always illicit; and if it is granted by an inferior, it is also invalid (canon 84, § 1).
III. Division of causes. Causes are divided:
Into canonical and non-canonical, according as they are legitimately recognized as true causes, or are not recognized, although perhaps they can impel one to dispense.
Into final and impulsive. Final causes are those which suffice of themselves, or which efficaciously move the superior, and without which the dispensation would either not be granted at all, or would be granted in another form or under certain conditions and limitations. Impulsive causes are those which do not suffice of themselves, and without which nevertheless the dispensation would be granted, and indeed in the same form.
Into honest and infamous, according as they do not rest, or do rest, upon a delict or at least upon the defamation of the parties about to marry.
IV. The enumeration and exposition of causes are chiefly contained in the Instruction of the Sacred Congregation of Propaganda Fide.1 The principal ones are:
- "Narrowness of place, whether absolute or relative, only by reason of the female petitioner, namely when in the place of origin or even of domicile the kinship of the woman has been so propagated that she cannot find another of equal condition whom she may marry, unless he is a blood-relative or affine, while it would be hard for her to leave her homeland."
Moreover:
a) The place of the female petitioner must be narrow. Hence this cause cannot be alleged simply if it exists only on the part of the man. Besides, the female petitioner must be honorable, even if perhaps she is poor or of lower condition.
b) By place is not understood a parish or civil community, but any aggregation of inhabitants, such as a city, suburb, town, village, or hamlet, sufficiently distinct from other neighboring aggregations, so that one place can contain several parishes, and one parish several places. But if the aggregation is distinct from its neighbors in name and in fact, it does not harm the cause that it is a short distance from the others. Otherwise, as if there is question of a suburb, it is required that it be about twenty minutes distant from the city or village.2 In addition, in computing distance, account must also be taken of the difficulty of the roads.
c) A place is judged narrow when it does not contain more than 1,500 Catholic inhabitants.3 Namely, infidels, heretics, and schismatics are not counted; but impious and unbelieving Catholics must be counted. But if the place is larger, yet the woman because of higher qualities cannot easily obtain a man of equal condition, narrowness of place is not indeed alleged simply, but that higher quality itself should be expressed, with the approximate number added of men of the same quality living in the place.
d) It suffices that the place of origin or of domicile be narrow. If one differs from the other and each is narrow, likewise if the place of the bridegroom is the same as the place of the bride or at least narrow, this is usefully expressed. It does not suffice if the place of quasi-domicile is narrow and the female petitioner at the same time has a domicile elsewhere. But when she has no domicile elsewhere, or, having a domicile elsewhere, does not live in it, it can suffice if residence in the place of quasi-domicile is notable and sufficiently firm. Therefore this narrowness of the place of quasi-domicile should be expressed in the supplication, with mention made of the domicile.
e) It is required that the woman be unable to find in the place, whether of origin or domicile, another man of equal condition. It is said: 1° in the place, so that the cause remains even if a man can be had from another place; 2° another of equal condition, which is to be understood broadly, concerning state, age, wealth, religious mind, morals, etc.; 3° be unable to find. It suffices that now she is asked by no one of equal condition, even if previously she had been asked. But if only one or another of equal condition offers himself, the Holy See will easily dispense, although the cause does not exist simply.
- "The over-adult age of the woman, if, namely, having already passed the twenty-fourth year of age, she has thus far not found a man of equal condition whom she can marry. But this cause does not favor a widow who desires to pass to other nuptials."
a) The female petitioner must not be a widow (cf. nevertheless cause 5).
b) It is required that at the time when the dispensation is granted she has completed the twenty-fourth year. If she has only reached it, the cause as such does not subsist; but the Holy See can nevertheless dispense from benignity. If she notably exceeds the required age, this should be expressed so that the dispensation may be granted more easily. Yet some judge that age beyond the fortieth year does not constitute a cause which suffices of itself.
c) That the female petitioner could have found another man of equal condition no longer prevents the cause from being alleged.4
"Deficiency or insufficiency of dowry; if namely the woman does not actually have so great a dowry that she can marry an outsider of equal condition, who is neither a blood-relative nor an affine, in her own place in which she stays. This cause urges more if the woman exists as altogether undowered, and a blood-relative or affine is prepared to take her as wife or even suitably to endow her fully."
"Lawsuits already arisen concerning succession to goods, or grave and imminent danger of the same. If a woman sustains a grave lawsuit concerning succession to goods of great importance, and no one is present who would take a lawsuit of this kind upon himself and prosecute it at his own expense, except him who desires to take her as wife, a dispensation is customarily granted; for it is in the interest of the republic that lawsuits be extinguished. Closely connected with this is another cause, namely, dowry involved in lawsuits, when 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 more remote degrees."
"The poverty of a widow who is burdened with numerous offspring, and a man promises to support her. But sometimes help is given to a widow by the remedy of dispensation for this cause alone, that she is younger and is in danger of incontinence."
a) If the children are several and younger, it is better to express the number and age so that the dispensation may be obtained more easily. If the widow is sickly, younger, deprived of parents, etc., these things should be opened up for the same reason.
b) When the widow is not burdened with numerous offspring, this cause does not exist. Nevertheless, if she is younger, about thirty years old, or indeed more advanced in age but in danger of incontinence, hope of obtaining a dispensation is not lacking. Nor is it lacking if there is question of a widower, even one having only a single offspring.
- "The good of peace; under this 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 blood-relatives or affines of the contracting parties and which would be altogether composed by the celebration of the marriage; or when grave enmities have been in force between the blood-relatives or affines of the contracting parties, and, although peace has already been entered between them, nevertheless the celebration of the marriage would conduce greatly to the confirmation of that peace."
a) Under the name of enmities, more serious lawsuits can also be comprehended.
b) Enmities and lawsuits are understood which arose from elsewhere than from the cause of the intended marriage. Nevertheless, the avoidance of enmities or lawsuits foreseen and to be forestalled by marriage can also be alleged.
- "Excessive, suspect, dangerous familiarity, and also cohabitation under the same roof, which cannot easily be impeded."
These things do not seem to be understood in such a way that dangerous familiarity or cohabitation which is not suspect is not judged to be a cause for seeking a dispensation; all the more because otherwise this seventh cause is not sufficiently distinguished from the ninth cause. The former seems chiefly to rest upon danger of sinning, the latter upon infamy.
- "Copula previously had with a blood-relative or affine or another person laboring under an impediment, and pregnancy and therefore legitimation of offspring, so that provision may be made for the good of the offspring itself and for the honor of the woman, who otherwise would remain unmarried. This indeed is one of the more urgent causes."
a) These things are commonly understood of public copula or copula soon to be divulged. Nevertheless even occult copula can be alleged, if it is in the woman's interest to marry the man with whom she had copula, for example because of further dangers of incontinence or quarrels between the families of the petitioners to be forestalled.
b) It is said, "who otherwise would remain unmarried"; there can be added: or would not obtain a man of equal condition.
"Infamy of the woman arising from suspicion that she, being too familiar with her blood-relative or affine, has 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 harms would arise."
"Revalidation of a marriage which was contracted in good faith and publicly, with the form observed...; because its dissolution can scarcely take place without public scandal and grave harm, especially to the woman. But if the betrothed entered nuptials in bad faith, they in no way deserve the grace of dispensation, as the Council of Trent disposes."
a) It is said in good faith, namely at least on the part of one or the other.
b) Today in a case of bad faith a dispensation is granted more easily than formerly.
- "Danger of mixed marriage, or of marriage to be celebrated before a non-Catholic minister. When there is danger that those wishing to contract marriage in some degree, even one of the greater degrees, because of denial of the dispensation, may approach a non-Catholic minister for celebrating the nuptials, with the authority of the Church spurned, a just cause of dispensing is found, because there is present not only the gravest scandal of the faithful, but also fear of perversion and defection from the faith of those acting in this way and despising matrimonial impediments, especially in regions where heresies run riot with impunity." Likewise a dispensation can be granted "to those Catholics who put forward no other motive than mad love, and at the same time it is foreseen that, if the dispensation is denied, they will enter marriage before an infidel judge... The same must be said of the danger that the Catholic party might dare to celebrate marriage with a non-Catholic."
There is question of a particular danger, for example with the character of the parties about to marry considered, not only of a common danger which arises from the fact that somewhere there are many heretics and many mixed marriages have already been contracted. Nevertheless a common danger can be an impulsive cause. It should be indicated whence the existence of the danger is deduced.
"Danger of incestuous concubinage. From the above-mentioned Instruction of the year 1822 it is clear that the remedy of dispensation is to be applied lest someone be defiled in concubinage with public scandal and evident danger to eternal salvation."
"Danger of civil marriage. From what has been said it follows that the probable danger that those who seek a dispensation, if it is not obtained, are going to celebrate only a civil marriage, as they say, is a legitimate cause of dispensing."
"Removal of grave scandals"; under this name are comprehended not only sins of lust, but also other sins, such as hatreds, etc.
"Cessation of public concubinage."
"Excellence of merits, when someone has deserved very well of religion either by fighting against the enemies of the Catholic faith, or by liberality toward the Church, or by learning, virtue, or in some other way."
a) Great merits are understood, the species of which is to be indicated. To the doubt whether, in defect of other causes, the offering of some alms in favor of the poor and of the church can be held as a legitimate and sufficient cause, the Sacred Congregation of Propaganda Fide, April 1, 1816, responded: Negative. Moreover, the merits of ancestors can also be alleged; indeed, even strangers can bring forward their merits in order to obtain a dispensation for a client.
b) To this can be referred the case in which noble petitioners, or at least petitioners of a very honorable family, being unable or unwilling to allege any canonical cause, simply allege their state and the quality of their family, asking that they be dispensed "from certain reasonable causes moving their mind." When a dispensation of this kind, which because of defect of some expressed cause is called "without cause," is granted to petitioners of this kind, a certain greater pecuniary composition is imposed on them, to be expended by the Supreme Pontiff for pious uses. Nevertheless, a dispensation cannot be sought in this way from the Sacred Penitentiary, nor from the Bishop, although the latter may be equipped with delegated faculties.5
The cited Instruction concludes with these words: "These are the more common and more important causes which are customarily adduced for obtaining matrimonial dispensations; concerning them theologians and interpreters of the sacred canons treat copiously." Therefore there are also other causes, of which some are less common, while others are indeed less powerful, but nevertheless are judged impulsive; indeed, taken together they can suffice.
Less common causes are, for example, royal dignity; princely prerogative; conservation of an illustrious family in the same blood; conservation of goods in the same illustrious family. For it is in the interest of the public good that an illustrious family not perish or fall from its state.6
Less powerful causes, but nevertheless impulsive, are, for example, conservation of goods in a non-illustrious family; orphanhood of a girl, i.e., a girl deprived of one or both parents; a girl who, by contracting with a blood-relative, could assist poor or sickly parents; a girl who, because of deformity, physical infirmity, illegitimate birth, or the infamy of her family, would scarcely find a husband not joined to her; the condition of a ward, i.e., of a girl whose interest it is to marry a man joined to her; narrowness of place or insufficiency of patrimony with regard to the man; over-adult age with regard to a widow; notable improvement of fortune with regard to a girl otherwise sufficiently endowed; parents of the petitioners burdened, besides the male or female petitioner, with several other children; mixture of goods, or the inconveniences which would follow the division of goods hitherto mixed; contiguous goods of the petitioners; vehement desire of the parents; special equality of condition between the petitioners; nuptials already prepared in ignorance of the impediment.7
1 May 9, 1877 (Collectanea, n. 1470); the praised Instruction enumerates 16 causes; but 28 causes are listed by the catalogue contained in the document inscribed: Formulae Apostolicae Datariae pro matrimoniis iussu Em. Card. Caietani Aloisi Masella reformatae.
2 Sacred Dataria to the Sacred Congregation of the Council, March 8, 1884; cf. Sacred Congregation of the Council, July 8, 1876.
3 Sacred Dataria, August 30, 1847; March 8, 1884.
4 Sacred Penitentiary, April 5, 1902.
5 Vlaming, II, n. 438.
6 Pompen, n. 50.
7 Vlaming, II, n. 439.
V. Cause required for dispensation. Generally, dispensation is granted more easily in affinity than in consanguinity, more easily in public honesty than in affinity. Moreover:
A most grave cause or several grave causes are required by: age required by ecclesiastical law; crime when each party or one or the other is plotting; a degree of consanguinity with which the first is mixed; the first degree of affinity in the transverse line.1
Less grave causes, indeed any of the canonical causes, suffice for impediments of lesser degree, which are: 1° consanguinity in the third degree of the collateral line; 2° affinity in the second degree of the collateral line; 3° public honesty in the second degree; 4° spiritual relationship; 5° crime from adultery with promise of marriage or attempted marriage, even by a merely civil act (canon 1042, § 1).
All impediments not listed here are of greater degree, both diriment and merely impedient; and since no impedient impediment is numbered among impediments of lesser degree, all are of greater degree (cf. canon 1042, § 3).
Several authors indeed judge that the distinction between impediments of greater degree and lesser degree is to be applied only to diriment impediments. But this is little approved, since the whole chapter to which canon 1042 belongs treats of impediments in general.
- The other impediments require a grave cause.
Note. It should be advised that one who seeks a dispensation set forth all the causes which militate for granting the dispensation.
1 Vlaming, II, n. 440.