Drafting the Petition

616. Declarations. Dispensation is sought by a supplicatory petition.

1. If dispensation is sought in public impediments for the external forum, the supplicatory petition is drawn up by the parish priest; if it is sought from occult impediments for the internal forum, by the confessor.

2. The supplicatory petition, whether drawn up by the parish priest or by the confessor, is ordinarily directed to the bishop, who either dispenses himself, if he has power for this, or directs the petition to the Roman congregations. Only if it concerns an impediment which would defame the petitioner before the ordinary, or would bring danger of violating the seal, is the petition directed immediately to the Sacred Penitentiary.

3. If the ordinary has denied dispensation to someone, he can seek the same from the Holy See, even with no mention made of the denial. But if dispensation was first denied by the Holy See, the same cannot be sought from the ordinary. Indeed, a dispensation denied by one congregation cannot be granted by another congregation or by the ordinary without the consent of the former, the right of the Sacred Penitentiary for the internal forum being saved.¹

4. A supplicatory petition is made in the name of the petitioners, not of the parish priest or confessor; and indeed, if dispensation is sought for the external forum, the names of the petitioners are expressed; but if dispensation is sought for the internal forum, the names of the petitioners are concealed. In petitions directed to the Congregation de Sacramentis the supreme pontiff must be addressed (Most Blessed Father); in petitions directed to the Penitentiary, the major penitentiary (Most Eminent Prince).

5. To avoid various inconveniences which can happen from the petition of dispensations by telegraph, Leo XIII prohibited the sacred congregations ordinarily to accept petitions made by this medium, and commanded that the same be observed by ordinaries. If, however, necessity of obtaining dispensation as soon as possible urges, it is not prohibited that congregations or ordinaries accept petitions sent by telegraph.²

6. Dispensation is said to be sought in ordinary form or in the form of nobles, if the petitioners are not unequal to paying the tax; dispensation is sought in the form of the poor, if the petitioners declare themselves unequal to paying the tax either entirely or in part. In like manner a dispensation is said to be granted in ordinary form or in the form of nobles when a tax is required, and to be granted in the form of the poor when either no tax or only a small tax is imposed.

¹ Cn. 43.

² Secretariat of State, December 10, 1891.

617. What Must Be Expressed in the Supplicatory Petition. Although supplicatory petitions are drawn up in diverse ways according to the use of diverse regions, nevertheless there are several things which, whether from law or from the style of the curia, must necessarily be expressed, so that the dispensation may be valid.¹

1. The name and surname of the petitioners, each written distinctly and neatly and without any abbreviation of letters.

To the names of the petitioners there is added: a. age, either by indicating the number of years or by indicating the day, month, and year of birth, although this is not necessary unless age is the cause of dispensing; b. the diocese of origin or of actual domicile or quasi-domicile: for if dispensation is sought for the external forum, the execution of the dispensation is customarily committed to the ordinary. But if dispensation is sought for the internal forum, the name of the diocese being withheld, only the place to which the dispensation must be sent is indicated in the vernacular language.

2. The impediment or impediments in their lowest species (consanguinity, affinity, public honesty, etc.).

3. The degree, whether simple or mixed, more remote or nearer, and in which line.

4. The number of impediments, not only of diverse species but also of the same species.

Besides diriment impediments, impedient impediments must also be indicated, although the bishop can dispense in them or has already dispensed: for if an impedient impediment, e.g., of mixed religion, concurs with a diriment impediment, dispensation is granted with much more difficulty in the diriment impediment.

5. Circumstances which effect that dispensation is given more easily or with more difficulty, namely whether the matrimony is to be contracted or already contracted, whether in the prescribed form, whether with knowledge of the impediment, whether it has been consummated, and whether in good or bad faith.

Note 1. Formerly, from various decrees and instructions of the Roman congregations, for the validity of the dispensation there had to be expressed incestuous copula had between the spouses before the execution of the dispensation, even if the incestuous copula itself was not the cause of dispensing. But now, since these statutes were abrogated by decree of the Holy Office on June 25, 1885, a dispensation is valid even if incestuous copula had between the spouses has been kept silent.

Indeed, by this decree, by which the obligation of expressing committed incest is taken away, the obligation of expressing the intention, if it was present, of obtaining dispensation more easily through that incest is also abrogated.² Therefore consanguineous spouses are not to be asked in the examination of the betrothed about incest had between them and about the intention of obtaining dispensation more easily through it. But if incest had between them has become public or if it is spontaneously opened by them, this circumstance can be indicated in the supplicatory petition or can even be omitted. Nevertheless, from other reasons it can be necessary that the incest committed by the spouses be declared in the supplicatory petition, e.g., for legitimating offspring received from incest.

Note 2. A genealogical schema (Stammbaum) is not required on the part of the congregations; nevertheless, in many dioceses it has been established that it be added to the supplication on a separate sheet.

6. The causes of dispensation. The supreme principle in this matter is this: "the expression and verification of causes pertains to the substance of dispensation."

a. It is not necessary that all causes of dispensation which perhaps exist be brought forward; but when several exist, those to be brought forward can be chosen at pleasure, provided they rest on truth. Nevertheless it is better, if several are present, to bring several forward, so that the effect of the supplication may be more certain.

b. Nothing prevents that in the supplicatory petition, besides canonical causes, also other non-canonical causes be brought forward, by which the canonical causes may be confirmed.

c. Sometimes dispensation is said to be granted without cause, which signifies that dispensation is granted without a canonical cause or without an expressly alleged cause. In this case a pious work or a more ample alms is imposed on the petitioners in compensation, so that the good of the Church, which is promoted by that work, is the cause of dispensing.

d. For granting dispensations from impediments of lesser grade, canonical causes are not required, but reasonable causes approved by the Holy See suffice, and therefore dispensations are valid in every case.

7. The state of fortune of the petitioners, so that the tax to be paid can be determined, or so that dispensation, if the petitioners are poor, may be granted gratis. Nevertheless, the use of indicating this state is diverse in diverse regions.

a. According to the practice of the Roman tribunals, those who live by manual labor or industry are not called truly poor; these by proper name are called miserable. Rather, those are truly poor whose goods, after debts and other burdens have been deducted, do not much exceed three thousand (3000) francs; and those are called almost poor whose goods are greater, but do not notably exceed ten thousand (10,000) francs.

b. In estimating the fortune of the petitioners, the resources of each party must be computed together, unless one party is acatholic: for the fortune of this one is not attended to. Moreover, account must be taken of inheritance which they expect by right, and of a very lucrative office, e.g., of royal minister, physician, etc., which they exercise.

c. Concerning the condition of the petitioners, the Holy See must be made certain from the authentic testimony of the ordinary; and since the ordinary rarely knows this condition by his own knowledge, he must learn it from the attestation of the parish priest, who therefore, after questioning the petitioners themselves and other trustworthy persons, must make the ordinary certain concerning the fortune of the petitioners.

Note. Today, however, the Holy See in many regions accepts offerings spontaneously made by the petitioners, even if they are less than the tax.

Whether one party, while the other is ignorant, can seek dispensation.

a. If the impediment by its nature affects both parties at the same time, as consanguinity or affinity, it suffices that one party seek and accept the dispensation. For since the dispensation extends itself to things necessarily connected, when one party has been dispensed, by that very fact the impediment is removed also from the other, even if that party was ignorant of the dispensation.

b. If the impediment by its nature affects only one party independently of the other, as the vow of chastity, whether emitted by one or by each, dispensation can be sought while the party who is affected by the impediment is unaware. And although that party can choose not to use the favor granted by rescript, nevertheless the rescript has force before its acceptance, unless something else appears from the clauses added.³

¹ These are enumerated in the instruction of S. C. de Prop. Fide, May 9, 1877, already cited above in the note at n. 592.

² S. Office, March 18, 1891.

³ Cn. 37.

618. On the Tax to Be Paid, or Composition. Dispensations for the internal forum are granted entirely gratis; but for others a tax is required.

1. The tax to be paid on the occasion of a dispensation obtained contains several things in itself: a. a tax properly so called for the sustenance of the ministers of the Roman congregation; b. composition or alms to be expended in pious works according to the judgment of the Holy See; c. salary for the labor of the agent who gives his work in handling the business of the diocese at Rome; d. postal expenses.

2. If dispensation is sought in ordinary form or in the form of nobles, some tax to be paid is imposed on the petitioners, which is diverse according to their resources, according to the nature of the impediment, and according to the cause of dispensing.

The Council of Trent indeed requires that dispensations be granted gratis;¹ nevertheless, by these words only those taxes are prohibited which fall to the profit of those dispensing, not taxes which are expended for necessary expenses and for pious works, especially since dispensations can in this way be made rarer.

3. If dispensation is sought from a public impediment in the form of the poor, some composition, but a smaller one, is required, which for certain regions is entirely condoned.

4. If a bishop by force of delegation dispenses in matrimonial impediments, except for some modest payment in dispensations for the rich for sustaining the chancery, he cannot require any emolument; and if he has required it, he is held to restitution.²

¹ Council of Trent, sess. 24, c. 5, De reform. matr.

² Cn. 1036.

619. Whether the Dispensation Has Force if an Error Is Contained in the Supplicatory Petition.

1. Error concerning the name or surname of the petitioners does not render the dispensation invalid if the error is accidental or of little moment, or if, e.g., one or another letter or some syllable is changed, or if one name of one who has two names is omitted, provided the identity of the person is established.

2. Error concerning the impediment.

a. A dispensation from the impediment of consanguinity or affinity granted in some degree of impediment has force, although an error concerning the degree crept into the petition or into the concession, provided the degree truly existing is lower, or although another impediment of the same species in an equal or lower degree was kept silent.¹

b. A dispensation given by the Holy See over a ratified and non-consummated matrimony, or a permission made for passage to other nuptials because of the presumed death of a spouse, always carries with it dispensation from the impediment arising from adultery with promise or attempted matrimony, if there is need of it, but by no means if scheming has intervened.²

3. Error concerning causes.

a. If one motive cause only is alleged and it is false, the dispensation is invalid, even if an impulsive cause is true.

b. If one motive cause is brought forward and it is true, the dispensation has force, even if all impulsive causes are false.

c. If several motive and impulsive causes are brought forward, the dispensation has force, provided one motive cause is true.

d. Some slight exaggeration of an otherwise true cause does not render the dispensation invalid.

4. Nevertheless dispensations from impediments of lesser grade are invalidated by no defect of obreption or subreption, even if the only final cause set forth in the petition was false.³

Error concerning the condition of the petitioners does not render the dispensation invalid: "For nothing will ever harm the validity of the favor by reason of error or fraud concerning the economic condition of the petitioners."⁴

¹ Cn. 1052.

² Cn. 1053.

³ Cn. 1054.

⁴ Constitution Sapienti consilio of Pius X, June 29, 1908.

620. On the Legitimation of Offspring on the Occasion of Matrimonial Dispensation.¹

1. Through dispensation granted from a diriment impediment by one who has ordinary power of dispensing or delegated power through a general indult,² there is also granted by that very fact the legitimation of offspring already born or conceived from those who are dispensed, unless the offspring is adulterine or sacrilegious.

2. Offspring is not legitimated by the dispensation itself if the dispensation is granted by one who has delegated power through a particular rescript for a certain case, but must be legitimated through a special decree.

a. A faculty of dispensing granted for a certain case is of strict interpretation (Cn. 85), and therefore besides the faculty of dispensing does not also contain the faculty of legitimating.

b. For legitimation, which now is done by the law itself, hitherto a special decree was necessary. Wherefore it had to be expressly sought and granted separately from the dispensation, unless provision was made through a clause in rescripts of the Roman congregations.

¹ Cn. 1051.

² Cf. Cn. 1043; Cn. 1044.

Letters to be directed to the Sacred Congregations can be composed in Latin, Italian, French, German, Spanish, English, and Portuguese; letters to the Sacred Penitentiary can be composed in any language. Nevertheless it is better to use the Latin language.

With these points noted, we will speak specifically of those things which, with the style of the Curia considered, that is, with the will and practice of the Congregation to which the petition is directed considered, must be expressed, and which are contained especially in the Instruction of the Sacred Congregation of Propaganda Fide dated May 9, 1877. First, however, we will speak of the petition by which a dispensation is sought for the external forum; then of the petition by which a dispensation is obtained for the internal forum; finally of the petition which regards a marriage invalidly contracted.

870. • QUESTION 6. What generally must be expressed in a petition for a dispensation concerning a marriage invalidly contracted? Reply. It must be set forth: 1. whether both parties, or only one or the other, entered the marriage in good or bad faith, namely, with knowledge of the impediment; 2. whether under the hope of obtaining the dispensation more easily; 3. whether they consummated the marriage; 4. whether they contracted clandestinely or in the face of the Church, whether after the proclamation of the banns or with these omitted. For a dispensation is customarily obtained more or less easily according to these various circumstances.

Hence, if some persons contracted before a civil magistrate so that a dispensation might thereby be granted to them more easily, this must be expressed, since bad faith was present, which renders a dispensation more difficult to obtain. If they contracted civilly with the intention of not contracting before the Church, this also must be expressed, because they attempted a clandestine marriage. But if they contracted in good faith and with the intention of seeking a dispensation from the Church, this circumstance does not appear absolutely required to be expressed, although it is better not to omit it. - Bouvier.

876. • For granting dispensations of the Holy See, two tribunals, according to the diverse quality of the impediments, namely, the Datary and the Penitentiary, have been established at Rome.

I. The Datary. Recourse must be had to the Datary for all notorious impediments, or those which are foreseen as likely to come to the knowledge of others, or those which can be manifested without infamy, scandal, and other inconveniences.

II. The Penitentiary. Recourse must be had to the Sacred Penitentiary for dispensations and faculties which regard only the internal forum, namely, for occult impediments. In the petition, however, the proper names of the betrothed being kept silent, fictitious names are supplied ¹.

¹ At present, however, it is permitted to approach the Penitentiary even for notorious impediments when a dispensation is sought in forma pauperum.

877. Questions. - QUESTION 1. How must a dispensation be sought if there are two impediments, of which one is public and the other occult?

Reply 1. If they are altogether disparate, recourse must be had to the Datary for the public impediment and to the Penitentiary for the occult one; nor is it necessary that mention be made before one tribunal of the dispensation sought or obtained from the other tribunal. Impediments are considered disparate when one is not increased by the other, as, for example, consanguinity and a vow, or consanguinity and machination.

Reply 2. But if they are not disparate, a dispensation from the public impediment must be sought from the Datary, with the other which must remain secret kept silent; and both must be expressed in the petition to the Penitentiary. The reason is that, from what has been said, they render the dispensation more difficult. But they must be held as not disparate when they are of such a nature that when joined they bring a greater repugnance to contracting marriage; for example, if someone wishes to marry a blood relative whose sister he shamefully knew. For then the dispensation is rendered more difficult. Hence in the aforesaid case the petitioner must seek from the Datary a dispensation from the impediment of consanguinity, and from the Penitentiary a dispensation from the impediment of affinity arising from an illicit cause, at the same time setting forth the other dispensation obtained from the Datary. - Thus commonly. - St. Ligorius, no. 1139.

878. • QUESTION 2. Must recourse be had to the Sacred PENITENTIARY so that the circumstance of intercourse had secretly between blood relatives may be manifested?

Reply 1. It is certain that there is no obligation to set forth occult intercourse in a petition to the Datary for the impediment of consanguinity. The reason is that no one is bound to defame himself, and otherwise this public revelation of occult incest is not prescribed.

Reply 2. But this circumstance must be manifested to the Sacred Penitentiary. The reason is that it is generally prescribed that intercourse had between blood relatives who wish to enter marriage be set forth. Now, since it is certain that there is no obligation to set forth occult intercourse in a petition to the Datary, because no one is bound to defame himself, and since it is not said in the precept that a public revelation of occult incest must be made, it follows that occult intercourse must at least be disclosed by a secret manifestation before the Penitentiary, lest the law become altogether useless and an exemption from a certain law be granted without any cause. Many formerly held the opposite; but today there is no longer any doubt concerning this, says St. Ligorius, no. 1135, after the Bull Pastor bonus of Benedict XIV ².

² It has already been said above that this precept or law of setting forth the occult circumstance of incest in the present case is not proved, nor does any force accrue to this opinion from the Constitution of Benedict XIV, which the Author adduces again.

879. • QUESTION 3. Is a dispensation sought in the form for the poor valid if the petitioners are not poor?

Reply. Affirmatively. The reason is that the obreption falls only upon the impulsive cause, but not upon the motive or final cause; for poverty is not the reason on account of which the dispensation is granted, but the reason on account of which it is granted gratuitously. Hence another motive cause must always be present. - Thus St. Ligorius in Homo Apostolicus, no. 87, where he says this is established from a decision of the Sacred Congregation of September 9, 1679. - Some nevertheless deny it, because, they say, the Pope does not intend to dispense except with those who are truly poor. - La Croix, no. 859. - Gousset, no. 866.

In practice, however, although those who obtain a dispensation in the form for the poor when they are not poor sin gravely, nevertheless, once the marriage has been contracted, it appears that one must stand for its validity, at least on account of the authority of St. Ligorius and the Sacred Congregation, unless this declaration is proved not to be authentic.

QUESTION 4. Who must be regarded as poor?

Reply. From Canon law they must be in some manner pitiable, since according to the style of the Curia the petition must be drawn up thus: The petitioners are poor and pitiable, and they live from their labor and industry. In practice the state of their fortune must be set forth, or one must stand by the rules given by the Bishop.

From a Declaration given by the Rectors of the Apostolic Datary in the year 1841, those whose fortune does not exceed the value of 5,000 francs are to be regarded as poor; but those whose fortune does not exceed the value of 10,000 francs are called nearly poor. - Bouvier, Dispensations from Impediments, sect. 3, section 3.

880. • QUESTION 5. How must a dispensation be executed?

Reply 1. As regards a dispensation of the Sacred Penitentiary, after absolution let it be made in these or similar words: By Apostolic authority I dispense you from the impediment N. which you incurred, so that you may enter marriage (or consummate one entered, or remain in it), and I render legitimate the offspring begotten (or to be begotten). In the name of the Father, etc.

But if the dispensation is from a vow of chastity, it is said: Moreover, by dispensing I commute for you the vow of chastity which you made, so that you may contract marriage and use it, into the works which I have prescribed for you. In the name, etc.

No formula is prescribed under pain of nullity, indeed not even under precept, for none is contained in the Roman Ritual. If the Confessor had omitted to legitimate the offspring, he could repair this omission; for then he would continue the cause committed to him and not yet completed. - Bouvier.

Reply 2. As regards a dispensation of the Datary: 1. The delegate for dispensing must inquire into the truth of the causes, as is contained in the Rescript; more probably, however, this inquiry is not required for validity. 2. He must declare before the parties and witnesses that the impediment of marriage is removed, and order that an attestation of this dispensation be written in the registers of the diocese. 3. He must transmit the Rescript of the Datary to the Pastor of either party with permission that he may assist at the marriage.

A dispensation from the Datary must always be sought through the Bishop. A dispensation from the Penitentiary, however, can be sought immediately by the petitioner or by another in his place. Nevertheless, it is safer and easier that this also be sought through the Bishop, with the name of the petitioner kept silent.

881. • QUESTION 6. How must a dispensation be obtained from Bishops when they can dispense by an Indult?

Reply. The same rules which are held as necessary in the Roman Curia must necessarily be observed in the case also, because it is the mind of the Supreme Pontiff that Bishops can use the apostolic concession in no other manner.

A Bishop dispensing by virtue of an Apostolic Indult must, under pain of nullity, express that he dispenses as a delegate of the Holy See from an Indult of delegation granted on such a day and year and to be valid for so many months or years; because the Indults commonly prescribe this, and Benedict XIV asserts in the Constitution Ad tuas manus, August 2, 1748, that this is then prescribed under pain of nullity.

882. • QUESTION 7. What are the clauses customarily appended in dispensations from the Sacred Penitentiary?

Reply. They are the following, namely: 1. If it is so. But faith must be given to the penitent unless the delegate certainly knows the opposite from knowledge received outside confession. 2. After first hearing sacramental confession. According to this clause, therefore, confession is necessary. 3. With the occasion of sin removed. It is understood if the occasion is voluntary, which must in fact be removed; but if it is necessary, let it at least be removed from the will by rendering it remote rather than proximate through the due means. 4. Provided that the impediment is occult. 5. A grave penance having been imposed upon him. It is understood according to the condition and strength of the penitent. 6. These presents being torn up, under pain of excommunication latae sententiae. This tearing up must be done immediately, but understand morally, namely, at least within three days after the dispensation has been executed. But if the clause of tearing up is not appended in the letters, as it is not appended when the marriage has not yet been contracted, then there is no obligation to tear them up; rather, a dispensation of this kind must be cautiously noted by the Pastor in a book which cannot be seen by anyone else, so that, namely, when there is need, he may be able to attest to the dispensation obtained. - St. Ligorius, no. 1143.

883. • QUESTION 8. How can the monetary tax imposed upon petitioners be reconciled with the Decree of the Council of Trent commanding that a dispensation be granted GRATUITOUSLY?

Reply. If money received on the occasion of dispensations were to accrue to the benefit of the one dispensing, the command of the Council of Trent would be violated and the dispensation would be simoniacal; but the matter does not stand thus. For the money is received only as an alms to be expended upon pious works ³.

³ It is not necessary that the cause for dispensing precede the granting of the dispensation, but it suffices that through the dispensation itself and its manner the cause itself be completed. For when a dispensation is given without cause, some satisfaction or fine is imposed for a pious work or for another common utility of the Church; through that work the cause of the dispensation arises, which is then made by way of commutation, just as we also said was done in the granting of Indulgences. Thus Suarez (On Laws, book 6, chapter 18, no. 26).

884. • QUESTION 9. How is a dispensation of the Sacred Penitentiary to be executed if the impediment is known and common to both contracting parties?

Reply. In this case each must be dispensed by his or her respective Confessor. This is established from a response of the Sacred Penitentiary, November 15, 1748. The same Rescript, however, can serve for two Confessors, and it must be torn up by the one who executes it later with his penitent. But if the impediment is known to only one party, a single execution is required. - Collet, Treatise on Dispensations. - Bouvier, etc.

Most Holy Father,

885. • John N. (the proper name is inserted) and Anna N., of the parish commonly called N., Diocese of N., blood relatives in the equal second degree, desire to enter marriage with each other, and therefore humbly implore from Your Holiness the dispensation necessary for them. The reasons are: 1. THE AGE OF THE MAIDEN, who, now twenty-five years old, would probably not find another man whom she could suitably marry; 2. THE CHRISTIAN VIRTUES existing in each petitioner; 3. THE SMALLNESS OF THE PLACE. (Let other causes be inserted, if there are any.)

At N., on the ... day, etc.

P., Pastor of the Parish.

If they are poor, after the reasons have been set forth it is said: They are poor and pitiable, and live only from their labor and industry.

The petition drawn up by the pastor of the petitioners must be sent to the Bishop. The Bishop, or the Vicar General in his place, sends it, furnished with testimony, the episcopal seal, and signature, to his agent at Rome, who solicits the dispensation and transmits it to the Bishop.

Most Eminent and Most Reverend Lord,

886. • Titus, aware (or ignorant) of the impediment, contracted marriage in the face of the Church with a woman whose mother, daughter, or sister he had previously known carnally; wherefore, since they cannot be separated without scandal and the impediment is occult, he most humbly petitions Your Eminence graciously to grant him a dispensation so that he may contract validly.

1072. I. To whom does it belong to seek the dispensation? (A) Regularly to the contracting parties themselves who need the dispensation; but since for the most part they are unfit to perform this, generally the petition is made by the pastor or confessor of the petitioners.

² P. Corradus, lib. VII-VIII; St. Alphonsus, n. 1131-1141; Carriere, n. 1126-1159; Ball. P., n. 945-954, ed. 3; Feije, n. 686-730; Gasparri, n. 350-362; Santi, lib. IV, Append., n. 33-45; Brillaud, n. 174-199; Planchard, n. 86-149; Zitelli, p. 67-74.

(a) If the impediment is public, the petition is made by the pastor, in the name of the petitioners. If the parties about to marry are of diverse parishes, the dispensation can be requested by the pastor of either one; but it is expedient that it be sought from the pastor of the place where the marriage is celebrated, regularly, namely, from the pastor of the bride. If, however, it is a question of a mixed marriage, the petition must be made by the pastor of the Catholic party.

(b) If the impediment is occult, the petition is made by the confessor. When the impediment affects only one of the contracting parties, one petition suffices; but when it affects two contracting parties (e.g., spouse-murder with both plotting it), a double petition is to be made by the confessor of each penitent, unless the confessor of both is the same.

(c) If there is a double impediment, one public and the other occult, a double petition must be made: one for the public impediment, with the names of the petitioners; another for the occult one, with the names suppressed, so that thus provision may be made for the seal of the sacrament and the reputation of the parties: the former is to be sent to the Congregation of the Sacraments or the Holy Office, etc.; the latter to the Penitentiary, noting that the petitioners, bound by another public impediment, have obtained or have sought a dispensation concerning it¹.

¹ That provision may be made for the reputation of the petitioners, there ought to be two officials in the Episcopal Curia, one for public impediments, the other for occult impediments; for, if the same official receives each supplicatory petition, he can easily know the names of the petitioners who have sought a dispensation for an occult impediment. Since in most dioceses of North America there is only one official, it is expedient to have recourse, for occult impediments, to the Holy See or to the Apostolic Delegate.

(B) Although the petition can be made orally, it is made better and more safely in writing. In practice the Roman Congregations admit only written petitions. By command of Leo XIII, December 10, 1891, dispensations ordinarily ought not to be sought telegraphically, on account of the inconveniences which can easily occur from this way of acting; the same rule ought to be observed in Episcopal curias.

(C) When a composition or tax is required for obtaining a dispensation, it is expedient that the pastor or confessor not send the supplicatory libellus unless the expenses have first been paid; otherwise he himself could be held to paying them. But if the petitioners are so poor that they can give no money, this should be set forth in the supplicatory libellus itself, so that the dispensation may be granted gratis.

1073. II. From whom must the dispensation be obtained? From the Bishop, or from the Holy See, or from an Apostolic Delegate.

(A) Formerly most Bishops, especially in remote regions, were accustomed to obtain very broad faculties from the Holy See; therefore for many impediments recourse could be had directly to the Bishop or his Chancellor, and indeed by a letter written in the Latin or vernacular idiom.

(B) When it is a question of an impediment in which the Bishop cannot dispense, recourse is to be had to the Roman Congregations, namely the S. Congregation of the Sacraments, the Penitentiary, the Holy Office, etc., according to the principles set forth above (n. 1042 sq.).

1074. When recourse is made to the Congregation of the Sacraments or to the Holy Office, this or a similar formula can be employed: -

Beneventan. (i.e., the name of the diocese of the petitioner)

Most Blessed Father,

It is humbly set forth to Your Holiness, on the part of those devoted
petitioners Alphridus Santangelo, man, and Maria Loiacono, woman, of
the Beneventan diocese, that, since the said woman, in the place from
which she and the aforesaid Petitioner have arisen, existing in the
said diocese, on account of the narrowness of that place, cannot find
a man of equal condition whom she can marry, and since the said
female Petitioner exists burdened with five children begotten from
another man, and the said male Petitioner intends to take her as wife
and to support and govern her said children; therefore the aforesaid
Petitioners desire to be joined to each other matrimonially. But ...
(Here is set forth the special impediment prevailing between the
petitioners)

......................................................................
......................................................................
......................................................................

Therefore the aforesaid Petitioners humbly supplicate Your Holiness,
that with the same Petitioners, as regards the impediment
....................................................... arising from
the premises, and with other things perhaps withheld in good faith, and
all other contrary things whatsoever notwithstanding, that they may be
able freely and licitly to contract marriage publicly between
themselves, the form of the Council of Trent being observed, you may
deign to dispense, of special grace, with suitable clauses.

1075. When recourse is had to the S. Penitentiary, the supplication is addressed to the Major Penitentiary¹, and can be written in Latin, or also in the vernacular idiom.

¹ To the Most Eminent Cardinal Major Penitentiary, Palazzo della Cancellaria, Rome, Italy.

Most Eminent Prince,2

Titius ... (Here the impediment is set forth, and afterward the reason
on account of which the dispensation is sought)

......................................................................
......................................................................
......................................................................

Wherefore Titius as suppliant asks Your Eminence that you may deign
kindly to grant a dispensation in the aforesaid impediment.

May it please Your Eminence to direct the letters to me, the undersigned
confessor.

Most humble Servant
                                            N. N.

² We take this formula from the work of Zitelli, p. 198.

There should be expressed there the name and surname of the confessor, the name of the town or city, in the common idiom.

Another specimen of the supplicatory libellus is recommended by the Penitentiary itself³, for a public impediment, when the petitioners are poor; and indeed it is commendable for its brevity and clarity: -

³ Ap. Acta S. Sedis, p. 61.

Most Blessed Father,

N. N., born .......... years ..........................................
and N. N., born .......... years ......................................
of the diocese N. .................., prostrate at the feet of Your
Holiness, humbly request a dispensation concerning the impediment
......................................................................
......................................................................
that they may be able to contract a legitimate marriage between
themselves.

The causes are: 1. Age of the female petitioner.
                2. Defect of dowry.
                3. Narrowness of place.
                4. Care of offspring received from a previous marriage,
                   etc.

The petitioners are poor ..............................................

We testify that the things set forth are true and we commend the
petitioners for the grace.

Given .................................................................

1076. The S. C. de Prop. Fide has published printed formulas, with empty spaces in which those things can be written which are special to each case¹; we subjoin one for the sake of a specimen: -

¹ These formulas are to be found apud Putzer, n. 96. - The petition is directed to the Most Eminent Cardinal Prefect of the S. C. de Prop. Fide, Propaganda, Rome, Italy.

Most Blessed Father,

The petitioners ......................................................
humbly ask from Your Holiness a dispensation concerning the impediment
.2.....................................................................
that they may be able to contract marriage between themselves.

The causes are3 ........................................................
and incest had between the same Petitioners ...........................

² For example: concerning the impediment of consanguinity in the second equal degree of the collateral line, by which they are bound, from the fact that both descend from a common stock, as is clear from the following stemma (here let the genealogical tree be given).

³ E.g., the age of the female petitioner, who has already reached the 25th year, and has found no other man of equal condition who wishes to marry her.

Letters to the S. C. de Prop. Fide can be written directly in the Latin, French, or Italian language.

Sometimes recourse can also be had to Apostolic Delegates, who have obtained from the Holy See the faculty of dispensing⁴.

⁴ In the United States of America, the Apostolic Delegate enjoys the same Faculties as the Bishops themselves; letters can be directed to him in this way: - His Excellency Most Rev. N. N., 201, I Street, N. W. Washington, D. C.

When a pastor or confessor writes to the Roman Congregations, it is more advisable to send the letters through the Episcopal Chancery, unless there is danger of violating the sacramental seal or of defaming the petitioners: for the petition will be set forth better and more clearly by an official accustomed to these affairs. Besides, for a public impediment petitions are not admitted unless furnished with the Episcopal seal.

1077. III. On those things which must be expressed in the supplicatory libellus. These have been declared in the cited Instr. of the S. C. de Prop. Fide, whose words it is helpful to report and explain: -

"1° The name and surname of the petitioners, each to be written distinctly and neatly and without any abbreviation of letters."

This indeed holds for public impediments; for when writing to the S. Penitentiary for an occult impediment, the names of the petitioners are suppressed, and in their place N. or Titius is put. - If one party is not Catholic, this must be expressed. - A substantial error in the name or surname probably invalidates the dispensation (e.g., Peter in place of Paul); probably, however, according to some, the rescript is not vitiated, provided that there is certainty concerning the identity of the petitioner; in practice, the style of the curia requires revalidation. But if the error is very small (e.g., Antonius for Antoninus), the dispensation is certainly valid.

"2° Diocese of origin or of actual domicile. When the petitioners have domicile outside the diocese of origin, they can, if they wish, ask that the dispensation be sent to the Ordinary of the diocese in which they now dwell."

If it is a question of an occult impediment, no mention is made of the diocese, but the confessor writes his own name and the name of the place to which the response must be directed, in the vernacular language and in clear characters. - Since there are in diverse regions several dioceses which are called by the same or almost similar name, it is expedient to add the name of the kingdom or State to which the diocese belongs. - A substantial error in the name of the diocese, e.g. (Bostoniensis in place of Baltimorensis), would vitiate the rescript, but not an error in the name of the parish, unless the dispensation was given on account of narrowness of place.

1078. "3° Also the lowest species of the impediment, whether it is consanguinity or affinity arising from licit intercourse ... public honesty deriving its origin from a ratified marriage; in the impediment of crime, whether it has proceeded from spouse-murder with a promise of marriage, or from spouse-murder with adultery, or from adultery alone with a promise of marriage; in spiritual relationship, whether it is between the one lifting and the one lifted."

An error in the species of the impediment renders the dispensation void. If it has been set forth that the impediment is doubtful, while in reality it is certain, some think the dispensation is invalid; but much more probably it is valid, for from the fact that it is given, it carries with itself the tacit condition: if the impediment is present.

1079. "4° The degree of consanguinity or affinity, or of public honesty from a ratified marriage, and whether it is simple or mixed, not only the more remote but also the nearer; and likewise the line, whether it is direct or transverse; likewise whether the petitioners are joined by a double bond of consanguinity, as much on the father's side as on the mother's side."

(a) The degree not only more remote but also nearer; if in a petition for the nearer degree the more remote is put, the dispensation is invalid, since dispensation is made with greater difficulty from the nearer than from the more remote.

But if the degrees are unequal, it does not seem altogether necessary to set forth the nearer, unless it is a question of the nearer degree of the first degree. - Indeed, whenever the first degree is touched, it is necessary to express, for liceity, not for validity, whether a nephew wishes to marry an aunt, or a maternal uncle a niece. Besides, by command of Leo XIII, June 19, 1895¹, for an impediment of the first degree touching the second degree of consanguinity, Bishops are to "explain the reasons in each case in letters written by their own hand." - If someone wishes to marry the widow of his deceased brother, he must set forth whether she had offspring from the deceased man.

¹ Ap. Acta S. Sedis, XXXIV, p. 34.

(b) Nevertheless a dispensation granted in some degree is valid, although in the petition, or in the concession, an error concerning the degree has crept in, provided the degree really existing is lower, or although another impediment of the same species in an equal or lower degree has been withheld. (Codex, c. 1052.)

(c) As regards the line, it must be expressed whether it is direct or oblique; but if this is omitted in consanguinity, the oblique is understood, since dispensation is not granted in the direct.

1080. "5° Number of impediments, e.g., if there is double or multiple consanguinity or affinity, or if, besides relationship, there is also affinity, or any other impediment whatsoever, whether diriment or impedient."

(a) Therefore, if there is present an impedient impediment of vow, betrothals, mixed religion, etc., it must be expressed at least for liceity; indeed for validity, when the dispensation is sought from the Penitentiary, since it is accustomed to add this clause: provided that between them there exists no other canonical impediment.

(b) If there are several impediments, all must be expressed in the same supplicatory libellus; for when several are found at the same time, dispensation is granted with greater difficulty. Nor is it valid to have recourse to the Bishop for one impediment, but to the Holy See for another; an exception is given when a public and an occult impediment are found at the same time, as was explained above (n. 1072). - Therefore, if, after a dispensation has been obtained, a new impediment is detected which already existed at the time of the petition, the dispensation is null.

When it is seriously feared lest, besides the impediments expressed, another unknown one be found in the case, it is helpful to set this forth; for recently the Roman Congregations, at the request of Officials, have granted a dispensation not only in impediments explicitly manifested, but in others, if there are any in the case in which the Holy See is accustomed to dispense.

(c) He who has obtained a dispensation concerning the crime of spouse-murder, and afterward, the crime having been repeated, needs a new one, must make mention of the prior crime, since on account of this the dispensation is granted with greater difficulty.

1081. "6° Various circumstances, namely whether the marriage is to be contracted or has been contracted; if already contracted, it must be disclosed whether in good faith, at least on the part of one, or with knowledge of the impediment; likewise whether after the banns had been premised; (or whether under hope of more easily obtaining a dispensation)¹; finally whether it has been consummated, if there is bad faith at least of one party, or with knowledge of the impediment."

¹ This indeed is no longer required, from the declaration of the Holy Office, June 25, 1885, ap. Collect. P. F., n. 1495.

Trent had indeed prohibited² a dispensation from being granted when a marriage had been attempted, and a fortiori consummated, with knowledge of the impediment: today, however, dispensation is granted, but these circumstances must be expressed; otherwise the dispensation would be subreptitious.

² Sess. XXIV, cap. 5 de Reformat. Matrim.

Formerly likewise incestuous intercourse had between the spouses before the execution of the dispensation had to be expressed, even when the intercourse was not the cause of dispensing; but this obligation was abrogated by the cited decree of the Holy Office, June 25, 1885¹.

¹ If, however, someone wishes to obtain the legitimation of offspring received from incest, intercourse must be declared for this effect.

1082. N. B. When the Bishop dispenses by force of an indult, he must follow the aforesaid rules, because he acts as the delegate of the Pontiff, and therefore cannot dispense except in the way in which the Pontiff dispenses. But if he dispenses by ordinary or quasi-ordinary right, he must indeed observe those things which pertain to the substance of the dispensation, but not necessarily those which regard the style of the Curia.

1083. IV. On the defects of dispensations and their sanation. 1° A dispensation can be invalid on account of extrinsic causes, e.g., defect of power in the one granting it, defect of the customary form, erasure of letters in the dispositive part of the rescript, and other things which are explained by Canonists where they treat of Rescripts; or on account of intrinsic causes, namely obreption and subreption.

Obreption is the expression of what is false in the supplicatory libellus, while subreption is the suppression of what is true and ought to have been set forth. Some, however, take these two words promiscuously.

Now if it is a question of lesser impediments, dispensations, by the new law, will be valid, notwithstanding obreption or subreption (can. 1054). Lesser impediments 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 or attempted marriage, even through only a civil act (can. 1042).

As regards greater impediments, a distinction must be made:

(a) the dispensation is valid if the error turns only upon the impulsive cause, provided the final cause proposed is true; (b) on the contrary it is invalid if the error turns upon the final cause which alone has been alleged; for it is granted under the condition: if the things set forth are true; (c) but if several final causes have been alleged, and only one is found false, the dispensation is valid, because the others are sufficient for moving the Superior; (d) if only impulsive causes have been proposed, and one of them is not true, the dispensation is not valid, if the remaining causes would not have been sufficient for obtaining the rescript; (e) in doubt whether the cause falsely alleged is final or impulsive, the dispensation can be held as valid, because in doubt one must stand for the value of the act; (f) the dispensation is not valid if, in the petition, those things which by the style of the Curia must be expressed for validity have not been expressed. (Can. 42.)

A slight exaggeration does not invalidate the dispensation, although it is much more advisable to set forth the matter candidly as it is. - If in the rescript itself there is read the clause "by our own motion, from certain knowledge," the defect is removed, provided that the error occurs not in the rescript but only in the petition.

1084. 2° The defect of obreption or subreption can be sanated by letters perinde valere or by a reforming decree: (a) if it is detected after the rescript has been dispatched, the petitioners in a new supplication must set forth the tenor of the prior concession, detect the defect, and humbly beseech that the Holy See may deign to revalidate the prior grace; then letters perinde valere are dispatched, i.e., by which the prior dispensation has the same force as if it had not been vitiated; but if a new defect is detected, a new grace will be needed, which is called perinde valere super perinde valere.

(b) When the rescript of dispensation has not been dispatched, the defect can be repaired through a reforming decree; for this it suffices that a new supplication be written, in which what had been omitted is supplied, or what was badly expressed is corrected; whence it is not necessary that the things already set forth be repeated, because the double supplication will be proposed at the same time to the Supreme Pontiff.

867. 1. The method of seeking a dispensation from a public impediment. The following must be expressed in the petition:

a) "The name and surname of the petitioners, each to be written distinctly and clearly and without any abbreviation of letters."²⁶⁷

If someone has several surnames, it is not required that absolutely all be indicated, provided that the petitioner can clearly be recognized from the name indicated. It is advantageous, although it is not commonly necessary, that the age of the contracting parties also be indicated. It must be indicated, however, if one party is non-Catholic.

b) "The diocese of origin or of actual domicile."

The reason is that the Roman Curia is wont to commit the execution of the dispensation to the bishop of the domicile or quasi-domicile of the contracting parties.

c) "Even the lowest species of the impediment."

Hence, in consanguinity and affinity not only the degree, whether equal or unequal, but also the line must be indicated.²⁶⁸

d) "The number of impediments."

Therefore, it must be indicated whether simple or multiple consanguinity or affinity is present; besides diriment impediments, impedient impediments also, if any are present, must be reported, and especially the impediment of mixed religion must not be passed over in silence. Formerly, for the validity of a dispensation, incestuous intercourse perhaps had between the spouses had to be expressed in the petition; likewise, it had to be indicated whether the intercourse had been had with the intention that a dispensation be obtained more easily. All these requirements have now been abolished, because it could have been hard for the spouses to have to confess these sins outside confession. Hence it happened that because this incestuous intercourse was concealed, the dispensation and the matrimony itself were invalidated, which was certainly a very great inconvenience.²⁶⁹

e) "The various circumstances."

Whether the matrimony has been contracted or is to be contracted; if already contracted, it must be disclosed whether it was contracted in good faith, at least on the part of one party, or with knowledge of the impediment; likewise, whether after the proclamations had been made and according to the form prescribed by canon law; finally, whether it has been consummated.

f) The causes of the dispensation.

Insofar as possible, the canonical causes described above must be adduced. It is advantageous that all causes, whether canonical or non-canonical, be adduced. For the stronger and more numerous these causes are, the more easily the dispensation is obtained.

²⁶⁷ Thus the Instruction of the Sacred Congregation for the Propagation of the Faith of May 9, 1877, from which all the following things also are taken.

²⁶⁸ Hence it is very advantageous, and indeed is required in certain dioceses, that a genealogical diagram of the petitioners be added.

²⁶⁹ Cf. Holy Office, June 25, 1885, and March 18, 1891 (Collectan. de Prop. Fide, nn. 1639 and 1749).

I. Who should petition, and to whom the petition should be directed.

198. • a) For obtaining a dispensation in the external forum from the Holy See.

The parish priest, in the name of the petitioners, composes the supplicatory libellus and transmits it to the local Ordinary, so that the Ordinary himself, adding his own commendation, may transmit it to the competent Sacred Congregation in Rome.

Or the parish priest sets forth the whole matter to the Ordinary, who himself will compose the libellus and send it to Rome.

199. • b) For obtaining a dispensation in the internal forum from the Holy See.

The confessor directly seeks the dispensation from the Sacred Penitentiary, in the name of the petitioners with supposed names. Or he transmits the libellus to Rome through the Ordinary. Or he also asks the Ordinary himself to compose the libellus and send it to the Sacred Penitentiary.

But the petition can never be directed to the Ordinary when there is danger of violating sacramental or other secrecy.

200. • c) For obtaining a dispensation from the Bishop:

The parish priest, if for the external forum, or the confessor, if for the internal forum, has recourse to the Bishop, secrecy always being preserved if there is question of the internal forum.

201. • d) In practice, unless the necessity of preserving secrecy stands in the way, it is always preferable to have recourse through the Bishop. For perhaps he himself has the faculty, at least delegated, of dispensing. And, if he does not have it, he will transmit the libellus to Rome.

202. • e) The Ordinary to whom the petition must be directed is the Ordinary of the domicile or quasi-domicile or actual stay of the betrothed persons.

203. • f) If the betrothed persons are of diverse dioceses, a dispensation granted by the Bishop of either betrothed person suffices, if he has the faculty of dispensing from a special indult.

II. What the supplicatory libellus should contain.

204. • a) To the Holy See for the external forum.

The following must necessarily be expressed:

1. The name and surname of the petitioners, to be written distinctly and neatly, and without any abbreviation of letters.

2. The diocese of domicile or quasi-domicile of the petitioners, or, if there is question of vagi, of actual stay.

3. The lowest species of the impediment.

4. The number of impediments.

5. The various circumstances:

Whether there is question of matrimony to be contracted or already contracted; if already contracted, whether in good faith, at least on one side, or with knowledge of the impediment; whether, the denunciations having been premised and according to the prescribed form; whether it has been consummated.

6. The causes of dispensation.

7. The pecuniary status of the petitioners, so that the tax may be determined or so that dispensation may be granted gratis.

205. • b) To the Sacred Penitentiary for the internal forum.

1. If the petition is made for the sacramental forum, let anything that could lead to knowledge of the petitioners be carefully avoided, and let fictitious names be used. As to the rest, let the same be observed as for dispensation in the external forum. (n. 204.)

2. Even if there is question of the internal non-sacramental forum, neither the names nor the place of the petitioners are to be expressed, unless when the dispensation is to be noted in the secret book of the Sacred Penitentiary.

206. • c) To the Ordinary.

1. In a libellus for the external forum the style of the curia must be observed as to substantial things for the validity of the dispensation. As to other things, for liceity if the Ordinary dispenses from delegated power, and only for suitability if he dispenses from ordinary power.

2. For the sacramental forum, the same cautions must be used as in recourse to the Sacred Penitentiary. (n. 202, 1.)

3. For the internal non-sacramental forum, the name, surname, and place of the petitioners are to be expressed, so that the dispensation can be noted in the secret book of the Curia according to the norm of can. 1047.¹

¹ Capello, cited work, nn. 278-279.

925. The petition of dispensation. - To seek a dispensation, excepting the cases explained above in which the pastor or confessor himself can dispense, recourse must be had to the Holy See, or also to the Ordinary for impediments from which he himself can dispense. In practice it is always better to have recourse to the Ordinary, who, if he lacks the required power, will himself transmit the petition to the competent Roman Congregation; - unless, however, it is a matter of an occult impediment which would defame the petitioner before the Ordinary or bring danger of violating the seal: for then recourse must be had directly to the S. Penitentiary. Therefore, for public impediments to be dispensed in the external forum the pastor seeks the dispensation from the Ordinary; for occult impediments in the internal forum the confessor seeks it from the Ordinary, or, if there is danger of defamation or violation of the seal, directly from the S. Penitentiary.

Let it be noted: 1° The petition is made in the name of the petitioners, not of the pastor or confessor, and indeed, if the dispensation is sought for the external forum or for the extra-sacramental internal forum, with the names of the petitioners expressed; if for the sacramental internal forum, with the names of the petitioners concealed.

2° The Ordinary to whom the petition is to be directed is the Ordinary of the domicile, quasi-domicile, or actual residence of the betrothed, and indeed the Ordinary of him who is affected by the impediment is to be approached; but if the impediment is common to both parties, the dispensation can be sought from the Ordinary of either party.

3° If the Ordinary has denied someone a dispensation, he can seek the same from the Holy See, even with no mention made of the denial; but if it was first denied by the Holy See, the same cannot be sought from the Ordinary. Indeed a dispensation denied by one Congregation cannot validly be granted by another Congregation or by an Ordinary without the assent of the former, with the right of the S. Penitentiary for the internal forum preserved (can. 43).

Likewise let no one seek from another Ordinary a grace denied by his own Ordinary, with no mention made of the denial; but when mention has been made, let the Ordinary not grant the grace unless he has obtained from the prior Ordinary the reasons for the denial. But a grace denied by a vicar general and afterward obtained from the Bishop, with no mention made of this denial, is invalid; and a grace denied by the bishop cannot validly be obtained from the vicar general, even with mention of the denial made, when the bishop does not consent (can. 44).

4° From a just cause the pastor or confessor can seek a dispensation, without the knowledge of those for whom it is sought; and although they themselves can fail to use a grace conceded through rescript, nevertheless the rescript has force before its acceptance, unless something else appears from the clauses appended (can. 37).

In the supplicatory libellus of petition, according to the instruction of the S. Congregation of Propaganda Fide, May 9, 1877, the following are to be expressed:

1° The name and surname of the petitioners, to be written distinctly and clearly, and without any abbreviation of letters.

An error in these does not invalidate the dispensation if it is accidental and of small moment, provided the identity of the person is established (cf. can. 47); on the contrary, if it is such that it induces ambiguity concerning the person, it invalidates. For a dispensation in the sacramental internal forum, lest the petitioners be known, fictitious names are to be used; on the contrary in the extra-sacramental forum, if the dispensation is to be noted in the secret book of the S. Penitentiary or of the episcopal Curia.

2° The diocese of the domicile or quasi-domicile of the petitioners, or, if it is a matter of vagabonds, of actual residence.

The reason is that the execution of a dispensation for the external forum is usually committed to the Ordinary. But if a dispensation is sought for the internal forum, but not through the Ordinary, it suffices to indicate in the vernacular language the place to which the dispensation is to be sent.

3° The lowest species, degree, and number of impediments, not only in a diverse species but also in the same species.

The species, namely, whether consanguinity, affinity, or public honesty from invalid matrimony or from concubinage, crime of adultery, or of spouse-murder, or of both together; the degree, whether simple or mixed, more remote or nearer in the same species, as also the line, whether direct or transverse; the number of impediments even of the same species, e.g., whether double or multiple consanguinity or affinity. Nevertheless material error does not invalidate, provided the cause is expressed as it is. Nor are diriment impediments alone to be indicated, but also merely impedient ones, although the bishop can dispense in them or has already dispensed; indeed also abduction, even if it has already ceased; because on account of this a dispensation in a diriment impediment is much more difficultly granted.

In the case in which one impediment is public, the other occult and such that it cannot be manifested without infamy, a double supplication is drawn up: for the public impediment alone a dispensation can be sought from the Ordinary or from the competent Congregation; for the occult impediment, another from the Penitentiary for the internal forum, but in this the public impediment must at the same time be expressed, adding that relaxation of this impediment is being sought in another supplication in the external forum. 1

Hence, if after the dispensation has been executed another impediment is detected which already existed before the execution, a dispensation of all impediments must be sought, because the prior dispensation was invalid; excepting the case in which an impediment of consanguinity or affinity in an equal or inferior degree has been kept silent, because then the prior dispensation was valid, as we have already noted, n. 906, 3 and 917, 3.

4° The various circumstances which make it easier or more difficult for dispensation to be made.

Thus whether it is a matter of matrimony to be contracted or of a contracted matrimony. If to be contracted, religion must be expressed if either spouse is non-Catholic; and age if the dispensation is sought in the near degrees of kinship or affinity. If already contracted, whether in good faith, at least on one side, or with knowledge of the impediment; whether after banns had been made and according to the prescribed form; whether it has been consummated and whether in good or bad faith. Incestuous copula had between the spouses before the execution of the dispensation no longer is to be expressed.

5° The causes of dispensation.

It is not necessary to bring forward all existing causes, but it suffices to allege one or another motive and canonical cause, provided they are true. Nevertheless it is better, if they are present, to bring forward several, so that the effect of the supplication may be more certain; indeed besides canonical causes, also other causes should be brought forward by which the canonical causes are confirmed.

In the case in which there is offspring to be legitimated, this cause is always usefully expressed; but it must be altogether expressed when for its legitimation a special indult is required, namely if it has already been born or will be born before the execution of the dispensation and the dispensation is granted from delegated power for a particular case; indeed always if it is adulterous or sacrilegious (can. 1051).

6° The status of fortune of the petitioners, so that the tax to be paid can be determined, or so that the dispensation, if they are poor, may be granted gratis.

It is not to be set forth if the dispensation is impetrated from the S. Penitentiary, by which it is always granted gratis. If it is obtained in the form of the poor when the petitioners are not poor, it is not invalid; but the petitioners are bound to supply the customary tribute.

1. Several other means are present for meeting the difficulty. The confessor can ask from the petitioners permission to seek the dispensation at the same time for the external forum from both the public and occult impediment, with mention made that this permission has been granted. Or also permission to incur a small danger of suspicion or revelation, from the fact that both dispensations are sought separately from the same Ordinary, or both supplications are transmitted to him. The dispensation of one impediment can also be sought through another pastor or priest of another place, and the other immediately from the bishop, so that the preservation of secrecy is better provided for.

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.

§ III. — Of obreptive and subreptive dispensation.

Obreptive is said of what is obtained by alleging a falsehood; subreptive, by concealing the truth.

I say 1°: If the obreption or subreption fall upon the principal cause of the dispensation, the dispensation is null. So decrees Innocent III, cap. Super litteris, Decretal. lib. I, tit. 3, de rescriptis; and this at the very least is signified by the usual clause of dispensations: « Si preces veritate nitantur », which, were it not appended, must always be understood, from cap. Ex parte, same title. The reason also is plain; because the superior intends to dispense only on account of this cause, which is principal, and without which he would not dispense. Therefore, this failing, the dispensation falls. For the same reason, the same must be said if the obreption or subreption fall upon that without which, although it be not the principal cause, the superior would not dispense in such manner and form, but with an added condition and burden: as if a rich man seek dispensation in forma pauperum, as I shall say below.

I say 2°: If the obreption or subreption fall upon an impulsive cause only and less principal, from the malice of the allegant, it is more probably null; if from the simplicity and ignorance of the allegant, it is valid. Thus expressly distinguishes and ordains Innocent III, cited cap. Super litteris, de rescriptis.

I say 3°: Subreption or concealment of truth pertaining to the thing per se and intrinsically, or error concerning the moral substance of the matter, renders the dispensation null: as if you have two affinities or consanguinities on the side of either parent, and express only one; if you ask to be dispensed over an affinity and it is consanguinity, or over a consanguinity and it is affinity, or over the fourth degree and it is the third; because, although perhaps the superior would have dispensed equally had you expressed the matter as it is, he is nevertheless held to concede precisely what is asked, and nothing else. More probable, however, I judge — against certain authors — is that if dispensation be sought for the third degree, and it is the fourth, it is valid; because dispensation of the whole is dispensation of the part contained in the whole, and the fourth degree is contained in the third.

I said, « Error concerning the moral substance of the matter »; because, if there were error concerning the physical substance, and nothing pertaining to the dispensation, it would not vitiate the dispensation: as if you call yourself an advocate when you are a physician, or there be error in the name, Peter being put for Paul; for the superior intends to dispense with the petitioner himself.

I say 4°: When dispensation is sought at the Roman court, subreption or concealment of what the law or the style of this court requires vitiates the dispensation; because, although it be not the principal cause, it is nevertheless the condition sine qua the Pontiffs do not intend to dispense. Whence

You will gather 1° that, if you seek at the Roman court dispensation over consanguinity, not expressing the incestuous intercourse, if it preceded, the dispensation is null, from the style of the court; likewise, if the marriage has been contracted or consummated; likewise, if you have contracted with knowledge of the impediment and with rash hope of obtaining the dispensation more easily, and these you do not express, there is no dispensation.

It is to be observed, as to the incestuous intercourse, if it be occult, that dispensation is sought in the sacred Penitentiary, the names suppressed, to avoid infamy or other damage. But when the impediments are manifest, or easily made manifest, dispensation is granted not by the Penitentiary but by the Dataria, and the names must be expressed; because, since a public impediment is concerned, the matter can be brought to a contentious forum, and the decree of the Dataria must be published. In the Penitentiary the commission of dispensing is directed to the confessor, who shall be a master or professor in theology; in the Dataria, to the official of the place. In the Penitentiary all things are granted gratuitously; in the Dataria is paid the mulct, to be expended on the propagation of the faith, or on other pious uses.

You will gather 2° that, when there are several impediments, for instance consanguinity and affinity, or several consanguinities or affinities, there is no dispensation if it be sought separately, now for one, afterwards for the other; but it must be sought for all together. Likewise there is none, if it be not expressed in which line the relationship lies, whether direct or transverse, and in what degree, equal or unequal. Similarly in spiritual cognation, if it be not expressed whether it be spiritual daughterhood or compaternity, whether one baptized, or only stood sponsor. The same say of confirmation. Likewise none, if dispensation be sought over the crime of uxoricide, without expressing that like dispensation was already obtained. Likewise, if one dispensed over defect of birth for Orders and benefice afterwards seeks dispensation over plurality of benefices, not again expressing defect of birth. Likewise, if dispensation be sought in forma pauperum, and the petitioner be not truly poor. And all these things and certain others come from the style of the Roman court.

Dispensation is sought in a threefold form: in forma pauperum, of honest men, and of nobles. That some be judged truly poor, they must be such that they live only from their labor and industry; and therefore it must be expressed in the petition, so that, if that alone be omitted, the petition is useless. Poverty on both sides must be expressed in the petition.

Daelman, doctor of Louvain, quaest. ultima, observat. ultima, de Matrimon., writes that those should be judged poor who have two or three thousand florins, whether in movables or immovables: both because, if they petitioned in forma honestorum, they would have to be stripped of the greater part of this sum for the dispensation, for which a thousand or two thousand florins are asked, according to the closeness of the degrees, and thus they would become poor; and because these few goods are for them as it were the instrument whereby they can work fruitfully by labor and industry, drawing thence no fruits, or fruits so small that they are reputed as nothing. The theologian cited adds that the Apostolic Nuncio judges thus when petitioners are sent to him by parish priests.

You will ask 1° whether, when the Romans append in the dispensation other causes than those which the petitioner set forth, those causes must be true, that the dispensation be valid.

I answer. Negatively, but it suffices that those proposed by the petitioner be true; for it is not on account of anything else that he asks to be dispensed, and in truth on account of those he is dispensed: but others are appended from the style of the court, and lest the dispensation appear given for lighter causes.

[You will ask 2° whether a dispensation can be validly obtained not only for one who knows not, but also for one who wills not.

I answer. Affirmatively, if necessity or at least sufficient motive be present. This right reason dictates, and it seems to be drawn from cap. Si motu proprio, de praebendis in 6°. But the dispensation must be accepted by him dispensed. Otherwise, however, must it be said of dispensations impetrated from the Roman Penitentiary, unless they be sought by persons joined or blood relatives within the fourth degree, for matrimony, or at least by the confessor, on account of motives which he judges grave. So S. Ligor., lib. I, n. 186.]

You will ask 2° whether, the dispenser dying, the dispensation ceases.

I answer. Negatively; because grace does not expire at the death of the grantor, cap. Si super, de officio delegati in 6°. Which is true also although the dispensation have been conceded subject to revocation; because the living dispenser revoked not, nor does the dead man revoke. Otherwise, if he had said: « Until I will », or: « Until it please me »; for the dead man no longer wills, nor does it any longer please him.

[You will ask 4° how dispensation ceases.

I answer. It ceases in three ways, namely: by cessation of the cause, by revocation, by renunciation.

1° If the final cause cease at the time when the letters of dispensation are expedited, the dispensation has no effect. For the superior is not held to dispense without cause; and from cap. Ex parte, Decretal. lib. I, tit. 3, de rescriptis, « in letters of this kind this condition is to be understood, even if it be not appended: Si preces veritate nitantur ». — If the final cause cease after the expedition of the letters, but before their publication and execution, since the commissary cannot dispense in the name of the superior except under the same condition and restriction, although the dispensation was at first valid, it is then affected with nullity. — If the final cause cease after execution of the letters, a distinction must be made. Either the matter consists in one act, and the dispensation removes only an impediment; and then, the impediment removed, it cannot revive through a change of circumstances, according to rule 73 juris in 6°: « A deed legitimately done ought not to be recalled, although a case afterwards arise whence it could not have been begun. » Or the matter has successive course and coalesces out of several acts, as the quadragesimal fast, the recitation of the canonical hours; and then, since the dispensation is virtually multiple, it undoubtedly ceases when its cause is taken away, if namely he who obtained it on account of weak health afterwards perfectly recover. — If the final cause be held likely to endure forever, the dispensation remains. Thus he who was dispensed from irregularity to receive sacred Orders, even if for a long time he may be unwilling to receive them, can afterwards, his mind changed, be legitimately promoted. — But if only the impulsive cause have ceased, the dispensation does not vanish, unless it were expressly conceded under this condition.

2° Dispensation altogether ceases through revocation expressly made by the superior, because obligation or release from obligation hangs upon him. Revocation without just cause would indeed be illicit, but nevertheless valid. S. Ligor., lib. I, n. 197, with others, holds that the sin of the superior is then venial only. An inferior prelate who dispensed by delegation does not validly revoke the dispensation without cause.

3° The one dispensed can renounce the grace obtained, with the assent of the superior, before he has secured its effect, and can use it no longer. Excepted: if the renunciation redound to the damage of another or of the community in whose favor the dispensation was bestowed, or if the prelate, for just cause, command the subject to make use of the dispensation.]

3. How is a matrimonial dispensation to be executed?

No special form is prescribed for the execution of a dispensation. In the internal forum the priest should carefully note and execute the clauses of the rescript, and tell the penitent that he is dispensed. In the external forum, the bishop after the causes alleged for the dispensation and the other particulars have been verified, and the dispensation drawn up and signed, will either execute the dispensation himself by calling the parties before him, absolving them from censures, and telling them that they are dispensed; or he will commit these duties to the parish priest.³

3 Gasparri, De Matrim., vol. i, n. 392 seqq.

4. The case. The impediment under which the parties labored is one of those which are called minoris gradus, and from which bishops can usually dispense by special faculties granted to them by the Holy See. We presume, 'therefore, that the dispensation was granted by the bishop. It took its effect and removed the impediment when the document was signed by the bishop. At that time apparently the child was alive, so that both causes alleged for the dispensation subsisted when it was granted, and although one of them ceased before the marriage, this fact did not affect the validity of the dispensation. The marriage, therefore, was validly contracted, although the parish priest should have executed the dispensation in the manner described above.

3. How can a dispensation become invalid by subreption or obreption?

Subreption is the omission of what should be mentioned; obreption is a false statement. Subreption or obreption in the petition for a dispensation render it invalid if they occur in the motive cause, not if they occur in the impulsive cause for granting a dispensation.¹

1 Manual of Moral Theology, vol. ii, 342.

However, dispensations minoris gradus are granted by the S.C. on the discipline of the Sacraments ex motu proprio et ex certa scientia, and are not invalid on account of subreption or obreption.²