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 III. On the Petition for a Dispensation › § III. On Drafting the Petition › Point III. On the Petition which Regards a Marriage Invalidly Contracted

Section — Wouters, Manual of Moral Theology

Scholion. On Healing Defects of a Dispensation

823.

I. A dispensation can be vitiated, that is, rendered void, either by subreption or concealment of the truth, or by obreption or exposition of what is false.

II. A dispensation is in fact rendered void or is not rendered void as follows:

  1. No dispensation is rendered void because of an error in the name of the person to whom or by whom it is granted, or of the place in which that person remains, or of the thing of which there is question, provided that, in the judgment of the Ordinary, there is no doubt about the person or the thing itself (canon 47).

  2. A dispensation granted from a lesser impediment (n. 812) is rendered void by no defect either of obreption or of subreption; and this holds even if the sole final cause set forth in the prayers was false (canon 1054). Likewise and a fortiori the dispensation is valid even if the sole final cause set forth in the prayers ceased before the concession or fulmination of the dispensation. In addition, since no obreption or subreption obstructs validity, a dispensation from a lesser impediment is valid even when another impediment, whether of the same or of another species, has been kept silent; hence in the case only a supplementary dispensation is required for that other impediment.

  3. A dispensation from the impediment of consanguinity or affinity, granted in some degree of impediment, is valid, although an error about the degree crept into the petition or the concession, provided the degree really existing is lower, or although another impediment of the same species in an equal or lower degree has been kept silent (canon 1052).

Corollary. If the dispensation was given in an impediment of a greater degree and an impediment, whether of another species or of the same species in a higher degree, has been kept silent, the dispensation is invalid, and a new dispensation of all the impediments is required.

  1. Even if there is question of an impediment of greater degree, concealment of the truth or subreption does not obstruct the validity of the dispensation, provided those things have been expressed which, according to the style of the Curia, must be expressed for validity; nor does exposition of what is false or obreption obstruct it, provided either the sole cause proposed or at least one motivating cause from among several proposed causes is true (canon 42). In doubt whether a cause falsely alleged is motivating or impulsive, and likewise whether a motivating cause is true or false, one must stand for the validity of the dispensation (St. Alphonsus VI, 1133). Finally, as was said under 2, a dispensation from a lesser impediment is valid even if the sole motivating cause set forth in the prayers is false.

  2. A dispensation in an occult impediment is void if the impediment is not occult, except in a dispensation in an impediment of lesser degree.

Note. For a dispensation to be valid, it suffices that those things which must be expressed for validity be present: in rescripts without an executor, at the time when the rescript is given; in other rescripts, at the time of execution (canon 41).

Healing Defects of a Dispensation

824.

III. When a defect of the dispensation has been detected, letters Perinde valere, that is, letters by which the defect is healed and it is declared that the letters of dispensation are valid just as if they had been valid from the beginning, should be petitioned if they can be obtained. I said, "if they can be obtained"; wherefore note that letters of this kind are not granted if a final cause has been falsely alleged, unless both the false cause and the one which truly exists tend to the same end. Otherwise a simply new dispensation is required. Besides, concerning the petitioning of letters Perinde valere, observe:

  1. In the petition: 1° the prior petition is repeated substantially or integrally, with the substance of the prior grace also added; 2° the cause of nullity is indicated, adding whether perchance a marriage has been entered in the meantime; 3° convalidation of the dispensation is to be obtained, and a new dispensation if another impediment has been added.

  2. The petition must be made for the external forum or for the internal forum or for both forums, as follows:

a) Even if the prior dispensation was sought for the external forum alone, but the defect pertains to the internal forum, convalidation should be sought in the internal forum, and indeed in the way in which the petition is made if a public and an occult impediment stand in the way of marriage (n. 817).

b) If the prior dispensation was sought for the internal forum alone: 1° if the defect pertains to the same forum, convalidation should be sought for the same internal forum; 2° if the defect pertains to the external forum, a dispensation should be sought for this same forum, but convalidation of the dispensation obtained should be sought for the internal forum.

c) If the prior dispensation was sought for both forums, a public defect must be healed for both forums, an occult one for the internal forum alone.

  1. The Bishop cannot grant letters Perinde valere for convalidating a dispensation granted by the Holy See, even if he himself could have granted the dispensation (cf. canon 1050). Except: 1° when and insofar as he has received a special indult; 2° the case of urgent necessity, so that recourse cannot be had to the Holy See (cf. canon 1045, § 1; canon 81).

IV. If the letters Perinde valere are invalid, letters Perinde valere upon another perinde valere must be petitioned.

Warning.

The Council of Trent says thus: "In contracting marriages, either no dispensation at all is to be given, or rarely, and that from a cause and gratis."1 Moreover, although this practice has been mitigated, dispensations are nevertheless wounds inflicted on ecclesiastical discipline.2 Hence pastors and confessors should observe these words of the Provincial Council of Utrecht: "Let them beware especially lest they themselves furnish the occasion for marriages among the impeded, by too easily suggesting the counsel of petitioning for a dispensation and the hope of obtaining it."3

1 Session 24, De reformatione matrimonii, chapter 5.

2 Cf. rescript of Pius VII to the Bishops of France, February 19, 1809.

3 P. 179.

Healing Defects of a Dispensation