Point IV. On the Granting of Dispensation

For dispensation there is required an act truly placed and manifested. It is said:

I. An act truly placed. This is clear from the nature of dispensation, which is a relaxation of law. But a relaxation of law cannot have place without an act of the Superior truly placed. Therefore a merely presumed act does not suffice; in other words, in order to act licitly, it is not enough that someone persuade himself: "If the superior knew, he would dispense," or: "If I sought a dispensation, I would obtain it." But sometimes it is licit to act from presumed license, as was explained in n. 144 (St. Alphonsus, I, 187).

A dispensation extorted by fear is valid, provided a just cause of dispensing exists and "it is not established that the superior dispensed without the mind of dispensing; for fear does not remove the voluntary, as force does. Moreover, the obtaining of such a dispensation is even licit if fear is justly struck into the prelate: namely, if the subject threatens that he will complain before the supreme superior, or that he will bring a just accusation concerning some crime of his" (St. Alphonsus, I, 184). These things, however, you should not extend to absolution from censures (can. 2238).

II. An act manifested, whether orally, or in writing or by rescript, or even by silence. This latter has place: first, when the Superior sees that the law is not being observed by the subject and is silent, although he can conveniently contradict; second, when he imposes or permits something which cannot licitly be done without dispensation. Concerning rescripts, by which dispensation is more often granted, we shall speak specifically in the appendix.