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

The same things are to be expressed as in the petition for the external forum, with these exceptions. The petitioners are designated by fictitious names, for example Titius and Bertha. The diocese of the petitioners and the state of fortune are omitted; but the place to which the rescript is to be sent should be accurately indicated.

For convenience there follow:

Forms Of Petitions.

I.

For The External Forum.

(Your Most Reverend Excellency).¹

Peter N., of the diocese of N., and Anna N., my parishioner, desire to enter marriage; but they are bound by the impediment of consanguinity in the second degree touching the first. They humbly petition that a dispensation be granted to them. (If offspring has been born or conceived, let there be added: They also obtain the legitimation of the offspring.)

The causes are:

And God...

N. N., pastor at... Diocese...

II.

For The Internal Forum.

Most Eminent and Most Reverend Lord.

Caius and Caia desire to enter marriage; but they are bound by the impediment of consanguinity in the second degree touching the first, a dispensation from which impediment is being sought in another petition for the external forum. Besides, they are held by an occult impediment contracted from adultery and from a promise of future marriage made mutually to each other during the marriage by which one or the other, or both, parties were formerly bound. They humbly petition that a dispensation be granted to them.

The impediment is altogether occult.

The causes are:

May Your Eminence deign to direct the response to me, the undersigned confessor.

¹ If the Ordinary is able to dispense.

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.