The Person Petitioning

Although petitioners can recur immediately to the Superior, nevertheless in ordinary practice the dispensation is petitioned in their name by the pastor or by the confessor: by the pastor, if the dispensation must be sought for the external forum; by the confessor, if it must be sought for the internal forum. Hence the confessor who detects an impediment whose dispensation must be sought for the external forum should send the penitent back to the pastor. I said:

I. The pastor should petition for a dispensation which must be sought for the external forum; when, however, a dispensation must be sought for the external forum has been explained on p. 655. In the case in which the petitioners belong to different parishes, whether of the same or of different dioceses, the dispensation is to be petitioned:

1. If the impediment is proper to one or to both parties, for instance if one or both are bound by a public vow, through the respective pastor. But if the petitioners belong to different dioceses, he should recur to their respective Bishop.

2. If the impediment is common or correlative, as when there is question of consanguinity, affinity, etc., by common usage the pastor of the bride is accustomed to petition for the dispensation; nevertheless he should not omit to ask the pastor of the bridegroom whether he thinks anything should be noted. But if the petitioners are of different dioceses, the dispensation of one Bishop suffices, because when the impediment is removed on the part of one, the other party also becomes free.¹ Finally, if one party is non-Catholic, the dispensation should be petitioned by the pastor of the Catholic party, and recourse should be had to this party's Bishop.

II. The confessor should petition for a dispensation which must be sought for the internal forum. When, however, a dispensation must be sought for the internal forum has been explained on p. 655. Besides:

1. If the impediment is proper to one or to both parties, for instance if one or both are bound by a private vow, the dispensation should be petitioned through the respective confessor, and therefore by the same confessor if both petitioners approach the same confessor.

2. If the impediment is common, as when there is question of the impediment of crime, the dispensation should be petitioned by the confessor who has detected the impediment, unless the confessor of the other party has already undertaken that matter.

III. The pastor or confessor should petition for the dispensation in the name of those about to marry, and indeed: 1° if the impediment is proper to one party, in the name of this one alone; 2° if it is proper to both parties, in the name of the bridegroom and in the name of the bride individually; 3° if it is common or correlative, in the name of both parties together. If, however, only one party is Catholic, it should be petitioned in this one's name alone.

Finally, a dispensation can also be petitioned with the parties unaware; nevertheless it should not be petitioned in this way unless it is better that the impediment not be made manifest to them except together with the dispensation obtained (St. Alphonsus VI, 1145).

¹ Cf. Sacred Penitentiary, September 4, 1839.

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.