The Petition by which a Dispensation Is Sought for the External Forum

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.

The things to be expressed regard: 1° the persons of the petitioners; 2° the impediments; 3° various circumstances; 4° the cause or causes for dispensing; 5° the state of fortune of the petitioners.

I. The persons of the petitioners. There should be expressed:

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

2. The diocese of origin or of actual domicile of the petitioners.

II. The impediments. There should be expressed:

1. "The species, even the lowest species, of the impediment; whether it is consanguinity or affinity; in the impediment of public honesty, whether it took its origin from an invalid marriage or from public or notorious concubinage; in the impediment of crime, whether it came from spouse-killing with a promise of marriage, or from spouse-killing with adultery, or from adultery alone with a promise or attempted marriage; in spiritual relationship, whether it is between the sponsor and the baptized person or between the baptizer and the baptized person."¹

2. The degree of consanguinity or affinity or public honesty, and whether it is simple or mixed, not only the more remote degree but also the nearer one, as also the line, whether it is direct or transverse, and likewise whether the petitioners are joined by a double bond of consanguinity, both on the father's side and on the mother's side.²

3. The number of impediments, for example if there is double or multiple consanguinity or affinity, or any other impediment whatever, whether diriment or impedient. Therefore if several impediments concur, ordinarily all must be expressed in one and the same petition.³ The reason is that the more numerous the impediments are, the more difficultly a dispensation is granted; wherefore all must be opened at least to one dispenser (St. Alphonsus VI, 1139). Conformably to this doctrine:

a) If even one of the impediments can be relaxed by the Holy See alone, ordinarily the Holy See must be approached for all (canon 1050). I said "ordinarily"; for, with the cited canon considered: 1° If with an impediment from which the Holy See alone can dispense there concurs either a public impediment from which the Ordinary can dispense by ordinary power, or an occult impediment from which he can dispense in any way whatsoever, then the Ordinary can dispense separately in the impediment of his competence, recourse having been made to the Holy See for the other impediment. 2° If the impediments over which the Ordinary can dispense are discovered after the dispensation has been obtained from the Holy See, the Ordinary will always be able to use his faculties, that is, even if with the impediment to be relaxed by the Holy See there concurs a public impediment in which the Ordinary can dispense by indult. It is said "after the dispensation has been obtained," that is, after the rescript of dispensation has been received, whether in gracious form or, as it seems should be added, in commissory form, because even in this case the dispensation seems able to be said to have been obtained from the Holy See.

b) If a public impediment and an occult impediment which cannot be opened without infamy or injury of the seal stand in the way of marriage, a twofold petition is needed, one for the external forum, the other for the internal forum, unless the petitioners permit all things to be manifested for the external forum. In that hypothesis, in the petition for the external forum only the public impediments should be expressed; in the petition for the internal forum both the public and the occult impediments should be expressed, adding that a dispensation from the public impediments has been or will be sought for the external forum.

If both petitions cannot be sent to the same Ordinary without infamy of the petitioners or injury of the seal, either consent should be sought for expressing all things in the petition for the external forum, in which case there should be added that this is done by consent given;⁴ or the petition for the internal forum should be sent directly to the Sacred Penitentiary.⁵

¹ Cited Instruction.

² Cited Instruction.

³ Cf. Sacred Penitentiary, April 15, 1853, and canon 1050.

⁴ Vlaming notes: "That practice, namely, of making mention of the occult impediment in the supplication for the external forum, pleases me especially little because I do not see how it will not happen that mention of the occult impediment will then occur also in the rescript; but rescripts of the external forum are customarily preserved in the parochial archive or elsewhere; thus therefore the occult impediment, for the most part arising from sin (crime) or at least pertaining to the forum of conscience (a private vow), is in a certain way handed down to posterity" (II, n. 447).

⁵ According to what was said under a), public impediments in which the Ordinary can dispense by ordinary power are not necessarily expressed in the petition; indeed, it is even disputed whether this is ever required for validity.

III. Circumstances. 1. Circumstances of age and condition are not to be expressed except insofar as they are alleged as a cause for dispensing.

2. The same must be said concerning copula perhaps admitted; and by force of the decree of the Holy Office of June 25, 1885 this also holds concerning incestuous copula, which formerly had to be expressed even if it was not alleged as a cause. From the same decree, the hope or malicious intention of obtaining a dispensation more easily by copula or some other crime must now not be expressed, at least if copula is alleged as a mere circumstance; if it is alleged as a cause, it is disputed whether the malicious intention must be expressed. Some affirm this, because the Decree of the year 1885 explicitly speaks only of copula and malicious intention as mere circumstances, but not of the case in which copula is alleged as a cause of dispensation. Others deny it, with both the benign mind of the Holy See and the formulas of dispensations considered, in which there is no mention of malicious intention, even if copula has been alleged as a cause. Whatever the case, by force of the decree of the Holy Office of March 18, 1891, "matrimonial dispensations over any impediment whatever, whether there is question of marriages invalidly contracted or to be contracted, are valid, even if copula or the plan and intention of obtaining the grace more easily through it have been kept silent."

3. The circumstance of offspring, whether already born or conceived, must be expressed only insofar as this is necessary for legitimating the offspring; that is, it must be expressed: 1° if there is offspring already born or to be born before the subsequent marriage, and there is question of adulterine or sacrilegious offspring, because it is legitimated neither by subsequent marriage (canon 1116) nor by dispensation (canon 1031); 2° if there is offspring already born or to be born before the dispensation has been fulminated, and there is question of a dispensation to be granted by rescript in a particular case, because even in this case the offspring is legitimated neither by subsequent marriage nor by dispensation (the cited canons).

4. The circumstance of a marriage to be contracted or already contracted invalidly. If it has already been contracted, several things must be added, as is explained in n. 822.

IV. The causes for dispensing should be set forth clearly and briefly.

V. The state of fortune must sometimes be expressed, for instance so that the Congregation may be able to judge in what form it should dispense: in the form of the poor or in the form of the rich, or, setting aside form, altogether gratis. If it is granted in the form of the poor, a minimal tax or composition¹ is required, which is determined with the nature and degree of the impediment considered, together with an agency fee proportioned to the tax. If it is granted in the form of the rich, a tax is required which is determined with the nature and degree of the impediment and the fortune of the petitioners considered, together with an agency fee proportioned to the tax. If the petitioners are "miserable," as it is said, nothing at all is required. Moreover, the tax or composition is imposed both by way of a fine to recompense the wound inflicted on the law by the dispensation, and so that the Holy See may be able to pay the stipends of officials or promote other good works. Therefore:

1. The state of fortune must be expressed in obtaining dispensations from the Congregation of the Discipline of the Sacraments, which observes the distinction between rescripts in the form of the rich and in the form of the poor. It should be set forth how much the male petitioner and the female petitioner possess in reality, and what they hope for from the succession of ascendants, debts, however, being deducted; nevertheless one must not proceed scrupulously. In addition, a dispensation granted in the form of the poor is valid even if the petitioners are not poor;² nevertheless they are bound to pay or supply the rights defrauded.

Note. In practice the state of fortune is rather often expressed in letters directed to the Ordinary, through whom the dispensation is obtained from the Holy See.

2. The state of fortune is not expressed for dispensations to be obtained from the Sacred Congregation of Propaganda Fide or from the Sacred Penitentiary; these Congregations do not impose a tax or composition.³ Only postal expenses must be paid and, unless the rescript is obtained through a person residing at Rome and conducting the business of the Bishop, the rights of the Agent. Nor must the state of fortune be expressed for dispensations to be sought from the Holy Office, which requires a fixed tax and also grants reduction for circumstances. Moreover, although in the cases explained the state of fortune need not be expressed, and even poverty erroneously or falsely alleged does not obstruct the value of the dispensation, nevertheless the petitioners, as we noted above, must pay or supply the rights defrauded.

3. Nor must the state of fortune be expressed if the dispensation is obtained from the Bishop; namely, "except for some modest payment by title of chancery expenses in dispensations for non-poor persons, local Ordinaries or their officials, any contrary custom being reprobated, cannot, on the occasion of a dispensation granted, exact any emolument, unless this faculty has been expressly given to them by the Holy See; and if they have exacted it, they are bound to restitution" (canon 1056).⁴

¹ The distinction between tax and composition has practically been removed; likewise the distinction between the truly poor and the almost poor.

² Sacred Congregation of the Council, September 9, 1679; Sacred Penitentiary, August 7 and December 3, 1852; Ordo servandus, part 1, chapter XI, 3°.

³ Ordo servandus, part 1, chapter XI, 150; the other part, chapter VIII, article 1, 3°.

⁴ A privilege perhaps conceded in this matter perseveres even after the Code has been introduced (canon 4).

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.

Deign, Your Eminence, to direct the response to me, the undersigned.

Here the name and surname of the person to whom the reply is to be sent must be expressed; likewise the name of the town or city to which or through which it is to be sent, and these indeed in the vernacular language. Above the closed and sealed petition is written: To the Most Eminent and Most Reverend Lord Cardinal Major Penitentiary.

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.

870. 3. The method of seeking a dispensation when occult and public impediments occur at the same time.

A dispensation from the public impediment must be sought as was said above, n. 867. In the petition for a dispensation from the occult impediment, however, mention must also be made of the public impediment from which a dispensation has already been obtained or at least sought in the competent forum.²⁷⁸ Because of the danger of defamation, it is rarely permissible to seek a dispensation from both impediments in the episcopal curia. Accordingly, in practice it is preferable to send the petition for a dispensation from the public impediment to the episcopal curia and to seek the dispensation from the occult impediment from the Sacred Penitentiary. But since sometimes time does not suffice for having recourse to the Sacred Penitentiary, the defamation of the petitioners is also sufficiently guarded against in the following manner: the dispensation to be sought from the public impediment is directed to the bishop's vicar general, while the dispensation from the occult impediment is sought from the bishop himself, who is asked to grant the dispensation by himself and without the mediation of an official. As is readily evident to one considering the matter, not every danger of defamation is avoided in this manner, and consequently it is not permissible to employ it except with the express consent of the persons about to marry.

²⁷⁸ Here is an example of such a petition: Caius and Sempronia, related by consanguinity in the equal second degree of the collateral line, intend to contract matrimony. Besides the impediment of consanguinity, from which a legitimate dispensation has already been granted (will be sought), there stands in the way the occult impediment of crime arising from adultery with a promise of matrimony, etc. Cf. Vogt, loc. cit., § 51.

Question 1. In what way must a dispensation be sought if two impediments are present, of which one is public, the other occult?

Resp. The dispensation of the public impediment must be sought from the S. C. Sacr., the other being kept silent, which must remain secret, and both must be expressed in the supplication to the Penitentiary, at the same time setting forth the other dispensation obtained from the S. C. Sacr. - Cf. S. Alphonsus, n. 1139.

Question 2. In what way must the dispensation be executed?

Resp. No formula is prescribed under pain of invalidity or under precept, for none is had in the Roman Ritual. Nevertheless it can be done in the following manner: (a) As regards a dispensation of the S. Penitentiary, after absolution these or similar words are to be said: By apostolic authority I dispense thee over the impediment N., which thou hast incurred, so that thou mayest be able to enter Marriage, or to perfect it once entered, and I render legitimate the offspring received, or to be received. In the name of the Father, etc. But if the dispensation is from a vow of chastity, let it be said: Moreover, the vow of chastity which thou hast emitted, by dispensing I commute into the works which I have prescribed to thee, so that thou mayest be able to contract Marriage and to use it. In the name, etc. (b) As regards a dispensation of the S. C. Sacr., it is conceded either in gracious form or in commissorial form. If the dispensation is of lesser degree, there is no difficulty from the cause. But when the truth of the motive cause is required for validity, that cause must exist then, when the dispensation is actually conceded.

§ 1. If in a rescript the mere ministry of execution is committed, the execution of the rescript cannot be denied, unless either it is manifestly clear that the rescript is null by defect of subreption or obreption, or in the rescript there are appended conditions which the executor knows have not been fulfilled, or the one who obtained the rescript seems so unworthy, in the judgment of the executor, that the concession of grace will be for the offense of others; if this last thing happens, the executor, execution having been interrupted, should at once make the rescriber more certain concerning this matter.

§ 2. But if in the rescript the concession of the grace is committed to the executor, it belongs to him, according to his prudent judgment and conscience, to concede or deny the grace (Can. 54).

The executor of a rescript functions invalidly in his office before he has received the letters and recognized their authenticity and integrity, unless prior notice of the same has been transmitted to him by authority of the rescriber (Can. 53).