Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly › Section III. On the Reception of the Sacrament of Marriage › Chapter IV. On Dispensation from Impediments › Article I. On the Power of Dispensing

Section — Wouters, Manual of Moral Theology

§ IV. On the Power of the Confessor

808.

The confessor sufficiently probably enjoys the same power of dispensing as the pastor and the priest assisting at marriage according to the norm of canon 1098, n. 2. The reason is taken from the fact that canon 1044 declares: "The same faculty of dispensing is possessed both by the pastor and by the priest who assists at marriage according to the norm of canon 1098, n. 2, and by the confessor." And canon 1045, § 3: "In the same circumstances of things, all of whom in canon 1044 enjoy the same faculty." According to this opinion, therefore, this one distinction is held between the confessor and the pastor and assisting priest: that the confessor can dispense in the internal forum alone, and that sacramental (canon 1044). This opinion, because of the reason adduced, is at least probable with probability of law, and therefore, the Church supplying, safe in practice. Nevertheless observe:

  1. A dispensation granted in the sacramental internal forum is not valid for the external forum, even if perhaps the impediment becomes public. Hence:

  2. If the impediment is public in fact, and likewise if it is public by nature but occult in fact, yet disclosure is feared, the confessor should see to it that the penitent seeks a dispensation for the external forum, and therefore has recourse to the pastor or his delegate, unless the confessor himself can arrange the whole matter in some way, for example by asking for the manifestation of the impediment outside confession; once this has been done, he will be able to dispense him either as pastor, or, delegation having been requested, as one delegated by the pastor, or, according to the circumstances, as the priest assisting according to the norm of canon 1098, n. 2.

  3. If the impediment is occult in fact and disclosure is not feared, the confessor should at least bring it about that the penitent permits the informing of the Ordinary and the notation of the marriage in the secret book preserved in the episcopal curia. But it is better to arrange the whole matter as was said under 2.

  4. Finally, the confessor cannot delegate his faculty to another, because as such he lacks a canonical office and therefore ordinary power, as was said of the priest assisting according to the norm of canon 1098, n. 2.

The Power of the Confessor

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