The Power of Dispensing

181. Who can dispense. 1. A legislator by proper power can dispense in his own law and in the law of his predecessors: for just as the obligation of a law is induced through the will of the legislator, so through the same will it is also removed.

2. An inferior cannot dispense in the law of a superior unless he has received vicarious power from him. But the superior is judged to communicate this power only on this condition, that the dispensation be made for just causes.

3. The power of dispensing, since it is a favor, is to be interpreted broadly; but a dispensation, at least a particular one, since it is odious, is of strict interpretation; nevertheless, a dispensation granted to an entire community is sometimes judged favorable and therefore of broad interpretation.

He who has received the power of dispensing from fasting can also dispense from abstinence, because fasting accepted in the full sense comprehends both; but he who has been dispensed from fasting has not likewise been dispensed from abstinence, because this is not necessarily contained in that.

182. In what laws one can dispense. 1. The supreme pontiff can dispense: a. by proper power in all ecclesiastical laws, both general and particular, whether they were issued by a council or by another pontiff or by the apostles; b. by vicarious power in certain divine laws, namely in those in which the obligation of divine law depends upon the human will, as in vows, in oaths, in a ratified but non-consummated marriage, and in religious profession. But in other divine laws he can only interpret or declare the will of the supreme legislator.

2. A bishop by proper power can dispense in all laws and statutes of his diocese; by ordinary vicarious power also in certain universal laws of the Church, but only in a particular case, therefore neither with the whole community nor without limit in perpetuity; finally by delegated vicarious power in those matters for which he has received a special faculty from the supreme pontiff.

a. By ordinary power he can dispense in the following cases:

a. In doubts whether the matter needs dispensation: for in these he can either dispense as a precaution or declare that the law does not oblige; for properly a dispensation is not required, since the use of a probable opinion is licit.

b. In frequently occurring cases, as in fasting, abstinence, canonical hours, feasts, and indeed also in vows and non-reserved oaths: for it would be too hard for the faithful if in such frequent cases they always had to recur to the holy see; custom confirms this power.

c. In cases of urgent necessity, when there is danger in delay, as in impediments of marriage, in irregularities, in reserved vows: for the common good requires this.

d. If in the law it is said indefinitely that dispensation can be given: for thus the faculty of dispensing is implicitly handed over.

e. If in the law the faculty of dispensing is expressly conceded, as in the proclamation of banns and in occult irregularities (except homicide).¹

b. Besides these ordinary faculties bishops generally have other extraordinary faculties delegated from the special concession of the supreme pontiff for three, for five, for ten, or for more years.

Bishops can delegate their ordinary faculties to others; the same seems to be said concerning extraordinary faculties, unless this power has been taken away from them in the indults, both because they are delegates of the supreme pontiff, and because they are delegated for a universality of causes.

3. A parish priest by ordinary vicarious power can dispense in the lighter and frequently occurring universal laws of the Church, as in fasting, in abstinence, and in works prohibited on a feast day, even if recourse to the bishop would be easy, but only in particular cases. Nevertheless, since this power of dispensing is derived from custom, for determining its extent in individual regions attention must be given to the usage of the diocese.

Parish priests can also delegate this power of theirs, as ordinary, to others; therefore, e.g., a chaplain can be delegated to grant a dispensation from abstinence, from servile works, etc.

4. Regular prelates by ordinary vicarious power can dispense with their subjects in some universal laws of the Church: of reciting the office, of fasting, of abstinence, of servile works, of prohibited books, and of irregularities, but only in particular cases,² because they have quasi-episcopal power over their subjects.

a. Those are called regular prelates who exercise jurisdiction in an exempt order; of this kind are the superiors of an entire order, of individual provinces, and of individual houses (local superiors): priors, guardians, rectors.

b. Because they have quasi-episcopal power over their subjects, they can generally exercise over them that power which bishops exercise over their own diocesans by ordinary right (not likewise by force of special faculties). Generally: because in some cases they have a broader power, in others a stricter power, than bishops, as will be indicated where there is discussion of individual precepts.

5. Confessors cannot dispense unless they have received delegated power for this. But where a sufficient cause exists, they can doctrinally declare that penitents in their peculiar circumstances are not bound to observe the law.

If the delegated faculty of dispensing is conceded to a confessor to be chosen by the petitioner, nothing prevents the petitioner from being able to change and, once one has already been chosen, to choose another, who may either confirm or correct the disposition of the first. For this is judged to be the intention of the sacred Penitentiary granting the faculty, because power granted for the forum of conscience follows the nature of this forum, in which the penitent can freely approach another confessor.³

¹ Cf. Council of Trent, sess. 24. c. 1. 6.

² S. C. C. 17 December 1725.

³ Cf. Schmalzgrueber, Titl. XVI. n. 243. Sanchez, De matrimonio l. 8. disp. 27. n. 40.

183. Whom bishops can dispense. Since dispensation is an act of jurisdiction, it is clear that no one can be dispensed by them except a subject. But specifically these things must be noted:

1. A bishop can dispense: a. with his own subjects, even if they are staying outside the diocese; b. with those who have quasi-domicile in the diocese; c. with vagi, so long as they are staying in the diocese; d. with pilgrims, who in a case of necessity cannot recur to their own bishop, and this from the tacit consent of the proper bishop of the pilgrims.

a. Pilgrims of themselves cannot be dispensed in common laws, in vows, or in oaths by the bishop of the place in which they are staying, because they are not his subjects, over whom he therefore cannot exercise jurisdiction; therefore, if they are validly dispensed, this can be done only from delegation of the proper bishop of the pilgrims. But he is not judged to delegate the power of dispensing as he delegates the power of absolving, except in the case in which recourse cannot be had to the proper bishop, because the presence of the penitent is required for absolving, but an absent person can also be dispensed. Wherefore in a case of necessity, namely where they need a dispensation but cannot recur to their own bishop, he is judged tacitly to consent.

b. Parish priests also can exercise the power of dispensing with pilgrims, i.e. with the faithful who are not their own parishioners, in those things in which they themselves enjoy the right of dispensing, as in abstinence and fasting.

2. Bishops cannot properly dispense with exempt religious, since they are not their subjects; nevertheless, with the consent of superiors, religious can use episcopal dispensations, e.g. in abstinence or fasting.

3. A dispensation can be granted to an absent person, and indeed also to one who is ignorant of it and, absolutely speaking, even to one unwilling; but ordinarily for a valid dispensation the consent or acceptance of him with whom dispensation is made is required: for grace and benefit is not granted except to one willing, which especially holds concerning matrimonial dispensations. Anyone is judged to accept a dispensation asked for, unless the contrary will is established.

a. A confessor having the power of dispensing can also dispense with pilgrims, whether he has the power from the supreme pontiff or from the bishop: for neither is judged to delegate power restricted to certain persons, but power which extends to all whom the delegators themselves can dispense.

b. A faculty of dispensing which is granted to someone as confessor is valid only for those over whom he has jurisdiction; and a power which is granted to someone as missionary is valid for the whole time during which he has been destined for giving missions, even if he is not actually occupied in giving a mission.

184. Whether one having the power of dispensing with others can dispense with himself. He who has a general power (not for a particular case), whether ordinary or delegated, of dispensing with others can also dispense with himself, and this directly: for dispensation is not an act of contentious jurisdiction nor of voluntary jurisdiction by which an obligation is enjoined, but of voluntary jurisdiction by which a grace is granted; but for acts of this jurisdiction a distinct person is not required.

He who has a general faculty of dispensing, by the consensus of all, can also dispense with himself. Yet not all explain this dispensation in the same manner. Some judge that the superior can dispense with himself only indirectly, and this in a twofold manner. For either he dispenses with the whole community; but if the whole community is released from the law, equity postulates that the head of it also be released from it. Or the superior grants to someone the faculty of dispensing, and then he himself asks dispensation from him. They are led to embracing this opinion by this argument: dispensation is an act of jurisdiction; but no one can exercise jurisdiction upon himself, because the exercise of jurisdiction requires a subject and therefore a distinct person. Nevertheless others more rightly contend that a superior can dispense with himself directly, because for conferring a grace a distinct person is not required.

I. Notion. The power of dispensing is the faculty of relaxing a law in a special case. It differs first from the power of annulling vows; for this pertains to dominative power, but the power of dispensing pertains to the power of jurisdiction; second, from the power of declaring that there is present a cause excusing from obligation.

II. Division. The power of dispensing, like the power of jurisdiction in general (n. 96), is divided especially into ordinary and delegated, according as it is annexed to an office by the law itself or has been committed to a person.

Note. As regards the acquisition, interpretation, extension, and cessation of the power of dispensing, what was said about the acquisition, interpretation, and cessation of jurisdiction in general has force (nn. 97-100).

III. Active subject. Dispensation can be granted by the founder of the law, by his successor or Superior, and also by him to whom the same have granted the faculty of dispensing (can. 80). Specifically:

1. The Supreme Pontiff, by ordinary power, can dispense in all ecclesiastical laws, even in those which have been passed by an Ecumenical Council or by the Apostles by their own authority.

Question. Whether the Supreme Pontiff can dispense in divine law.

Response I. He cannot dispense in divine law, neither natural nor positive. Not in divine-natural law, since it does not admit dispensation (n. 86). Not in divine positive law, as is sufficiently gathered from the fact that the Church never dispenses in it, for instance in the laws of Christ. Hence the stated power is not considered to be contained even in these words of Christ: "Whatever you shall loose upon earth shall be loosed also in heaven"¹ (St. Thomas, I-II, q. 97, a. 4, ad 3; St. Alphonsus, VI, n. 19).

Response II. The Supreme Pontiff, as practice confirms, can by vicarious power dissolve, or quasi-dissolve, bonds of divine law which are founded in a human act, such as vows, oaths, and ratified marriages. But it is disputed of what character the act of dissolving or quasi-dissolving placed by the Supreme Pontiff is. According to some, he can merely interpret divine law, that is, declare that it is not urged by God in this or that case. But he truly can dispense improperly, insofar as, namely, by vicarious power he is able truly to remit a right which is founded in a human act, suppose in a vow, etc.; and once the right has been remitted, the obligation ceases.² These things will be explained in the treatise on Matrimony.

2. Ordinaries³ of places⁴ can dispense: first, in diocesan laws; second, in laws of a provincial and plenary Council, but only in particular cases and for a just cause; third, in laws which the Roman Pontiff has specifically passed for that particular territory, but only to the extent that, according to what will be said in the note, all Ordinaries can dispense in general laws of the Church (can. 82).

Note. Ordinaries, both of places and others, cannot dispense, not even in a particular case, either from general laws of the Church or in laws which the Roman Pontiff has specifically passed for that particular territory, unless either this power has been explicitly or implicitly granted to them, or recourse to the Holy See is difficult, and there is danger of grave harm in delay, and there is question of a dispensation which the Apostolic See is accustomed to grant (can. 81, 82). Furthermore, what all Ordinaries can do, first, in doubt of fact, second, as regards laws about feast days, days of fast and abstinence, and irregularities; what Ordinaries of places can do as regards laws about interstices and publications before the reception of Orders or Matrimony, and also about impediments of Matrimony, will be explained in its own place.

3. Pastors cannot dispense from either a general law or a particular law unless this power has expressly been granted to them (can. 83). Now from can. 1275, § 1 pastors have power, in individual cases and for a just cause, to dispense individual faithful and individual families subject to them in laws concerning the observance of feasts, fast, and abstinence. What pastors, confessors, or all priests can do concerning impediments of Matrimony is explained by can. 1044; this will be treated in the treatise on Matrimony.

4. Superiors (Guardians, Rectors, etc.) in an exempt clerical religion have the same power as pastors of dispensing from laws concerning the observance of feasts, fast, and abstinence, as regards professed members, novices, and others living day and night in a religious house for the sake of service, education, hospitality, or infirm health (can. 1245, § 3). With sufficient probability, habitual dwelling in the religious house is not required; it suffices that they have remained for one whole day, or have the intention of remaining there for one whole day.⁵

¹ Matt. 16:19.

² Cf. Suarez, De leg., bk. 2, c. 14, n. 11; Wernz, Ius Decr., I, n. 122; Prummer, Theol. Mor., I, nn. 164, 241.

³ In law, by the name Ordinary are understood, unless someone is expressly excepted, besides the Roman Pontiff, each for his own territory: the residential Bishop, an Abbot or Prelate nullius and their Vicar General, Administrator, Vicar and Prefect Apostolic; likewise those who, when the aforesaid are lacking, succeed meanwhile in governance by prescription of law or from approved constitutions; and, for their own subjects, major Superiors in exempt clerical religions (can. 198, § 1).

⁴ By the name Ordinary of the place or of places, however, come all those listed, except religious Superiors (can. 198, § 2).

⁵ Vermeersch-Creusen, Epitome Iur. Can., I, n. 582.

IV. Passive subject. The power of dispensing can be exercised directly only over subjects (can. 201, § 4). With this principle posited, the competent person can dispense:

1. Subjects by reason of domicile or quasi-domicile who are staying in the territory of the dispenser.

2. Vagi actually staying in the territory of the dispenser, because they are truly subjects (can. 94, § 2).

3. Himself, and subjects absent from the territory, unless something else is established from the nature of things or from law (can. 201, § 3).

4. Travelers staying in the territory of the dispenser, as regards laws concerning the observance of feasts, fast, and abstinence (can. 1245); likewise as regards non-reserved vows (can. 1313); likewise as regards impediments of Matrimony, but with a restriction, as will be noted in its own place; meanwhile cf. can. 1043 sq.

Which persons religious Superiors can dispense was said under III, 4.

Principles. - I. A legislator can dispense 1. in his own laws, because he has as much power for loosing as he has for binding; 2. in the laws of his predecessors, because he enjoys equal power with them; 3. in the laws of his inferiors, because they have power from him, or certainly power subordinated to him.

II. An inferior cannot dispense in the laws of his Superior, except from delegated power, and insofar as it has been delegated to him either by the Superior himself, or by law, or by custom. The reason is that an inferior does not have jurisdiction over the law of his Superior. - Thus all.

115. Questions. - QUESTION 1. Whether the Pope can dispense in divine law?

I answer. He can dispense from a just cause in those things in which divine right arises from a human will, as in vows and oaths. In other things, whether from a most grave cause he can truly dispense, or only declare that divine right then ceases, is controverted ¹. In practice it matters little. - St. Lig., Apostolic Man, no. 56.

¹ This controversy and disagreement of the Doctors is merely speculative, and pertains rather to the manner of speaking, namely whether or not the word dispensation must be used in the case. For that by the intervention of pontifical authority a bond which is called of divine right can be removed, each dissenting side equally agrees.

And indeed those who contend that the Pontiff can dispense in divine law chiefly use these arguments, that 1. he dispenses in the solemn profession of Religious, which, although from the more common sentence is of merely ecclesiastical right, nevertheless by some is thought to be of divine right; 2. sometimes he dispenses that a simple priest be the minister of the sacrament of Confirmation; 3. sometimes he dispensed, as some wish, that in the sacrifice of the Mass only the species of bread alone be consecrated; 4. he dispenses in vows and oaths; 5. he dispenses in ratified marriage; 6. he dispenses in the residence of Bishops, etc. Moreover those who deny to the Pontiff the faculty of dispensing in divine law do not deny that all the aforesaid things can be done from the authority of the Pontiff; but they deny that in these a true and properly so-called dispensation of divine law intervenes.

QUESTION 2. In what laws can a Bishop dispense?

I answer 1. By ordinary right, in all episcopal and synodal statutes, and in common laws with individuals as to cases which often occur, as in most vows, fasts, abstinence, observance of feasts, the divine Office in particular cases, etc. - St. Lig., no. 190 ².

² One must carefully examine whether the Bishop dispenses as legislator in his own laws, or as delegate in common laws. For in the former hypothesis he dispenses validly even without cause; but in the latter, since he plays the mere part of a steward, the cause being lacking, he would dispense invalidly.

I answer 2. By extraordinary right, in the other pontifical laws by reason of necessity, privilege, or legitimate custom, if any is in force anywhere.

QUESTION 3. Whether a Bishop can dispense with travelers in vows, oaths, and common precepts of the Church?

I answer 1. Affirmatively, if they have the intention of staying in the diocese for the greater part of the year; because since they contract a quasi-domicile, by that very fact they become subjects. Thus most commonly, says St. Lig., no. 158, and Lacroix, no. 799.

I answer 2. But if they only pass through, it is controverted. - It seems that one must probably affirm, because the consent of their Ordinaries is prudently presumed. St. Lig. (ibid.) says this sentence is deservedly held probable. - Nevertheless not a few contradict, because they are not truly subjects ³. - Finally others distinguish: they affirm indeed for laws of the Church; but they deny for vows and oaths.

³ This reason, as is clear, concludes nothing against those who derive the power of dispensing from the consent of the Ordinary of the travelers, or from his tacit ratification in the present.

116. • QUESTION 4. Whether Pastors are able to dispense in some things?

I answer. By ordinary right, by reason of custom, they can dispense with subjects for particular cases in fasts, in abstinence, in works prohibited on a feast day, and in other things of this kind, which frequently occur and need prompt dispensation. - Thus commonly. - St. Lig., Apostolic Man, no. 59.

QUESTION 5. Whether a Superior can dispense with himself?

I answer affirmatively, if he is primary; indeed also a secondary Superior can, if he has a general faculty of dispensing with others. - St. Lig., Apostolic Man, no. 64.

QUESTION 6. Whether a delegate can subdelegate?

I answer. No, generally speaking, because this faculty per se is not included in the concession of the Superior, unless it has been expressed. Except, however, if someone has been delegated to dispense in a universe of causes by way of office; because then from common interpretation there is present a tacit faculty of the Superior for subdelegating. - Thus St. Lig., no. 193, book 6, no. 366.

240. Author of dispensation. "Dispensation ... can be conceded by the maker of the law, by his successor or superior, and also by him to whom they have conceded the faculty of dispensing."⁴⁴ The legislator himself or his delegate can concede dispensations; for he who freely made the law can also in a particular case remit the obligation of the law, either by himself or through his delegate.⁴⁵ It is plain of itself that the successor or superior of the legislator has the same power. The legislator, or his successor or superior, is said to dispense by proper authority. But all others cannot dispense except by delegated authority; and this, if by law or legitimate custom it is attached to some office, is wont to be called quasi-ordinary authority, or power, or jurisdiction. Thus, for example, a pastor is said to dispense by quasi-ordinary authority in lighter ecclesiastical laws, as in abstinence to be observed on some determined day.

⁴⁴ Cod. iur. can. c. 80.

⁴⁵ Cf. St. Thomas, S. theol. I-II, q. 97, a. 4.

229. NOTION. The power of dispensing is jurisdictional; for it is part of jurisdiction, or of public authority (St. Thom., 1.2, q. 97, a. 4).

And thus it differs both from the power of invalidating, which is only dominative and belongs to the master, father, husband, etc.; and from the power of declaring someone exempt from law, which is only interpretative of the will of the legislator, and belongs, for example, to the physician with respect to the sick, to the confessor with respect to penitents, etc. (cf. n. 138).

DIVISION. The power of dispensing is twofold: 1. ORDINARY, which belongs to someone by sole reason of his office, such as the legislator has in his own law, and his Superior or successor; 2. DELEGATED, which belongs to an inferior from the concession of him who is endowed with ordinary power.

But delegated jurisdiction can be conceded: a) by right, by reason of the dignity or office with which it is joined; and in this case it is equivalent to ordinary, and is called quasi-ordinary; b) by man, that is, by a Superior, in which case it is called purely delegated.

Moreover, this purely delegated power is given either absolutely for life, for a decade, for a year, etc., or at the nod or good pleasure of the person, or of the dignity (cf. n. 138, 3.).

Besides, it is sometimes conceded by way of grace, in favor of the delegate: in which way Bishops are accustomed to be given the faculties which they call quinquennial, by force of

which they can dispense in very many impediments of matrimony; sometimes by way of commission, in favor of a certain cause or of a certain person to whom the dispensation ought to be advantageous. The faculty of dispensing by way of commission can still be given in a twofold way, namely: either by way of a grace made, as they say, which happens when a true precept of dispensing is imposed on the delegate, "if, however, the prayers rest upon truth," as ordinarily happens in matrimonial dispensations, in which case the delegate who actually bestows the dispensation is said to fulminate it; or by way of a grace to be made, which happens when a precept of dispensing is not imposed on the delegate, but only the faculty of conceding a dispensation is given, "if namely it seems expedient." St. Alph., de Privil., n. 13; ed. G., I, p. 192.

230. PRINCIPLES. I. Any legislator, or his Superior, or successor in jurisdiction, can dispense with his subjects, both in his own law and in the law of an inferior. The reason is, because things are dissolved by the same means through which their cause is born (Decret. Gregor., Reg. I); and the power of an inferior is subordinated to the power of a Superior. The case is excepted in which the law has passed into a contract; for pacts should be observed by all (III, 255).

231. II. No inferior can dispense in the law of a Superior, except from delegated power; namely insofar as the faculty of dispensing has been conceded to him, either by the Superior himself, or by right, or by custom. The reason is, because an inferior has nothing of power over the will of a Superior, from which the whole force of the law exists; whence it is said in the Clementines: The law of a Superior cannot be taken away through an inferior (c. Ne Romani, de Elect.).

232. III. No delegate can subdelegate another, unless the faculty of subdelegating has been conceded to him, either by the Superior or by right. The reason is, because the power of using jurisdiction is diverse from the power of delegating it, and the one is not included in the other.

We say 1. Unless it has been conceded by the Superior; for this is not rarely conceded. Thus, besides the faculty of dispensing, the power of subdelegating this same faculty to other suitable priests is often conceded to Bishops.

2. Unless it has been conceded by right. Now, the power of subdelegating is conceded by right:

a) To one delegated by a Prince, for example, by the Supreme Pontiff, by the Sacred Congregations, by way of office, as to Nuncios, Legates a latere. We say by way of office; so that delegates who would have been chosen on account of their skill may thus be excluded, as also those whose delegated faculty is a bare ministry, or simple execution.

b) To one delegated, although not by a Prince, to a universality of causes;¹ provided that the delegation has been made to him by way of office, or at least by way of privilege annexed in perpetuity to his office or dignity. Thus, for example, a vice-pastor, universally deputed into the place of an absent or dead pastor, can subdelegate another. Yet this subdelegation cannot be for the whole, but for one or another cause only, as is common with St. Thomas (Quodl. 12, a. 22): "A vicar cannot communicate his whole power, but he can communicate part" (H. Ap., XVI, 82; 2 El. q. reform., n. 4).

As St. Alphonsus rightly notes, VI, 566; ed. G., III, p. 583: confessors furnished with peculiar faculties cannot subdelegate, and the same holds for missionaries. The reason: they are deputed only to the bare exercise of ministry.

233. IV. A delegated faculty can cease for many reasons.

Namely it ceases: 1. by revocation of the one delegating, which nevertheless does not obtain effect unless it is notified to the delegate; 2. by renunciation of the delegate accepted by the Superior; 3. by lapse of the determined time, or when the business is finished, or when the number of cases for which the delegation had been conceded is exhausted. But all special faculties habitually conceded by the Holy See to Bishops and other ordinaries of places are not suspended by their death or cessation from office, but are extended to ordinary successors (Holy Office, Nov. 24, 1897).

But whether it ceases by the death or removal of the one delegating, a distinction must be made. It ceases if it was conceded BY WAY OF GRACE in favor of the delegate, with these or other similar words: at our good pleasure, until it shall have pleased us; otherwise, if it was conceded for a determined time, or until it is revoked, or at the good pleasure of the dignity, for example, of the Holy See, of the Bishop, because a dignity does not die.² But if it was conceded IN THE FORM OF COMMISSION for a certain case, again a distinction must be made: conceded as a grace to be made for a special case, it ceases by the death or removal of the one delegating, if the matter is still untouched; but conceded as a grace made to the petitioner, it does not cease, although the matter has not yet in any way been entrusted to execution (cf. n. 246).

234. From these things it follows: I. The Supreme Pontiff can dispense: 1. in all ecclesiastical laws, even in those which the Apostles, as particular prelates of Churches, established: of which kind are the Lenten fast, the observance of Sunday, the irregularity of bigamy, etc. (H. Ap., II, 55; Istruz., II, 64); 2. in certain divine laws, in which divine right arises from human will, such as vows and oaths, if, however, a sufficient cause is present. But in other divine laws, he can only interpret, or declare, the divine will (cf. n. 135).

II. BISHOPS can dispense: 1. By ordinary right: a) in all episcopal and synodal statutes,³ independently of the chapter and clergy (Bened. XIV, de Syn., l. 13, c. 5, n. 7); b) in the laws of a provincial council, provided they are not specially reserved to the council, or confirmed in specific form by the Holy See; for this is expedient for good governance (Gennari, Quest. de Droit can., q. 328); c) in laws made by the Supreme Pontiff for that particular diocese, in which the faculty of dispensing seems to have been left to the proper prelate (I, 190; VI, 902; H. Ap., II, 57).

In general ecclesiastical laws Bishops generally cannot dispense.⁴ Nevertheless, from the decree of the Holy Office Cum recenter, they can sometimes dispense in the law of fasting and abstinence (cf. n. 1240).

2. By quasi-ordinary right, in the following cases: a) in doubts whether a dispensation is necessary or not; for then the Bishop, and any inferior prelate, can either declare that the law does not oblige in the case, or dispense for caution for the quiet of souls; and the dispensation, once given, is valid even if afterwards it were discovered that it had certainly been necessary; b) in particular cases which frequently or regularly happen, as in non-reserved vows, in fasts, feasts, canonical hours, abstinence from meats, and similar things: for it would be too grave a burden if in cases of this kind, which frequently occur, individual faithful had to recur to the Holy See; c) in a case of urgent necessity, or of great utility, when easy access to the Pope is not open, and there is danger in delay, as, for example, in impediments of matrimony, in irregularities, in reserved vows; because this is expedient for the common good, and this even if easy access is given to one having the faculty of dispensing from privilege of the Pontiff; d) if it is said in the law: until dispensation is given; for "an inferior can dispense in the laws of a Superior, if dispensation is generally permitted in the law" (St. Alph., l. c.).

3. By special and delegated right: namely, besides the ordinary faculties of dispensing which we have numbered here, most Bishops possess special quinquennial or triennial faculties communicated by the Sacred Penitentiary; indeed certain Bishops obtain very ample faculties from the Sacred Congregation of Propaganda Fide.

Here, however, let it be noted: a) Ordinary faculties, since they are at hand to Bishops by force of office, can be given to others by delegation; and when the see is vacant, the chapter, or the capitular Vicar, enjoys them. But the Vicar general does not possess them of himself. Indeed, by his general mandate ordinary dispensations are not committed to him, because they savor of grace, but they are if he is specially delegated to this by the Bishop (III, 288; ed. G., I, p. 559).

b) As regards special faculties, since they are customarily communicated to the Ordinary, they pass to successors, for example, the capitular Vicar. In view of the response of December 17, 1898 (A. S. S., 31, p. 384), by which an end was imposed on the controversy, these special faculties also, without special concession, can be subdelegated to Vicars general and other ecclesiastical men, in a general way or for a particular case, provided this is not prohibited in the faculties, nor the right of subdelegating restricted only for certain ones: for in this case the form of the rescript must be observed exactly.⁵

III. PASTORS, in many places, have from custom the faculty of dispensing, even if recourse to the Bishop is easy, in small and frequent necessities; but since they are endowed with this faculty only by force of custom, they can dispense only in those things concerning which usage has been introduced, as in fasting, abstinence, and works prohibited on a feast day (III, 288, 1032; H. Ap., II, 59).

IV. CONFESSORS in several dioceses, from special delegation, have the power of dispensing in various cases for which recourse to the Bishop would be required of itself.

V. PRELATES OF REGULARS possess rights which will be set forth below, n. 2187 and 2189.

Note, however, that those rights can be exercised only by those who are capable of jurisdiction: whence they do not belong to Superioresses, who cannot dispense (IV, 53; ed. G., II, p. 485). It must also be noted (Holy Office, Dec. 20, 1900) that faculties conceded by the Holy See to Superiors General of religious Orders do not cease on account of their death, or cessation from office, but pass to successors. The same principles are in force here as for rights conceded to a Bishop.

235. Questions. IT IS ASKED 1. With whom, therefore, can a Bishop dispense?

Resp. I. He can with all those who are subject to his jurisdiction. Therefore: with inhabitants, and indeed everywhere on earth; with newcomers, as long as they have quasi-domicile in that territory; with wanderers, as long as they are staying in the diocese, otherwise they could obtain necessary dispensations from no Bishop.

A Bishop, however, nor any delegate, cannot, for example, as regards fasting, dispense with heretics who would wish to abjure, but would desire to postpone conversion. Cf. Genicot, Cas. consc., I, p. 23.

A fortiori he cannot dispense with exempt religious, without the consent of Superiors. If, however, universally, in the name of the Supreme Pontiff, he dispenses in common law, the obligation is suspended also for exempt persons, unless they are held by a special vow or rule (Holy Office, 1871; A. A. S., IV, p. 626). But if exempt persons do not observe the statutes of the rule or a vow, they will no longer sin against a precept of the Church, since dispensation has been given, but against a particular statute.

II. With travelers, if rigorous principles are established, a Bishop cannot dispense; for they are not truly subject to episcopal jurisdiction (n. 206). They would become subjects if, ending their journey, they chose quasi-domicile in the diocese. Thus St. Alphonsus (I, n. 158; ed. G., p. 138), and others solve the question.

Nevertheless the rigor of this opinion is quite probably tempered for cases of necessity. Then the traveler, through his coming, is subject to the authority of the Bishop of the place in which he is found. Therefore, when necessity stands, the Bishop can dispense with him in canonical laws, in vows, in oaths, etc. For it is prudently presumed that the Pope or the Bishop of the traveler consents that the Bishop of the place dispense with a traveler of this kind (Mazzotta, tr. 1, disp. 4, q. 1, c. 3, q. 2.).

Note. Many modern authors indeed think otherwise (Lehmkuhl, I, n. 260; Noldin, I, n. 182; Genicot, I, n. 121). But in view of the intrinsic reason indicated above, and in view of the response of the Holy Office, Nov. 22, 1865 (Coll. S. S., n. 910), it is pleasing to restrict the aforesaid rights of the Bishop over travelers to cases of necessity.

236. IT IS ASKED 2. Whether one having the faculty of dispensing with others can dispense with himself?

Resp. Affirmatively with St. Thomas (2.2, q. 185, a. 8) and others, provided he has a universal power of dispensing, not restricted to a case or person. The reason is, because voluntary jurisdiction, or grace, can be exercised toward oneself. Therefore he who uses this jurisdiction will be able to dispense with himself in vows, ordinary ones indeed, as St. Alphonsus thinks (III, n. 256; H. Ap., II, 64). He will also be able so to order the matter that he commits the faculty of dispensing to a prudent man, to be applied to himself, the prelate.

Preliminary matters. - That the things to be said may be rightly understood, it is helpful here to premise certain things concerning ecclesiastical jurisdiction, which is the foundation of the power of dispensing.

149. • Ecclesiastical jurisdiction is defined: the power of governing subjects in order to eternal life.

It is divided: 1° Into jurisdiction of the internal forum and of the external forum.

Jurisdiction of the internal forum is that which primarily and directly is referred to the private utility of each one of the faithful. - It is subdivided into jurisdiction of the penitential forum, which can be exercised only within the tribunal of penance, and into jurisdiction of the internal extra-penitential forum, which can be exercised outside it, when, for example, a superior dispenses in a vow, etc.

Jurisdiction of the external forum is that which primarily and directly regards the public utility of the body of the faithful: as, to make laws, to decide controversies concerning doctrine or discipline, and similar things.

2° Into universal, which is restricted by no limit, neither as to persons, nor as to places, nor as to matters: such was the jurisdiction of the Apostles, and now such is the jurisdiction of the Supreme Pontiff, - and particular, which is restricted in one of those three ways, namely either as to persons, or as to places, or as to matters.

3° Into voluntary and contentious, or into extrajudicial and judicial. Voluntary, which is also called extrajudicial, is that which a superior can exercise even toward the unwilling, without the forms prescribed by law for judgments. - But contentious or judicial is that which is exercised according to the forms prescribed by law for judgments.

Contentious jurisdiction cannot be exercised by a Prelate outside his territory either licitly or validly, because such exercise cannot be made without judicial solemnity.¹ - But voluntary jurisdiction can be exercised even outside the territory, unless the ministry of episcopal order requires that it be exercised within the diocese, as happens in Pontificals.

4° Into ordinary and delegated. Ordinary is called that which belongs to someone by his own right, by reason of his office or dignity, from law, custom, or privilege having the force of law: such is the jurisdiction of the Pastor, Penitentiary, Bishop, Chapter, Abbot, Supreme Pontiff in the whole Church, Legate, etc. Those who possess ordinary jurisdiction in the external forum are Ordinaries; by which name are called not only Bishops, but also their Vicars General, and Prelates who in certain places exercise quasi-episcopal jurisdiction. But by the said name Pastors are not designated, because they do not have jurisdiction in the external forum.²

Delegated jurisdiction is that which someone does not have by his own right, that is, not by reason of his office or dignity, from law, custom, or privilege having the force of law, but only through the commission of another; yet this commission can be given not only by man, but also by law, according as the power of absolving in the article of death is reputed to have been given from custom to all priests.

Delegated jurisdiction is of a twofold kind, one particular, another for the universality of causes. Particular is that by which one or another cause is committed. But it is for the universality of causes when all causes, or at least a certain genus of causes, are committed under one collective name, although the delegation is restricted either as to time or as to places.

One delegated for the universality of causes is called a quasi-Ordinary, and can subdelegate, not indeed his whole jurisdiction, but one or another cause. It is otherwise with one delegated for a particular cause, who cannot subdelegate unless he has been delegated by the Supreme Prince,¹ and he has not chosen in the delegate the industry of the person, as will be said at n. 150.

Someone can be delegated either by man or by law: he is delegated by man who receives his delegation immediately from the Ordinary, or from another having the faculty of delegating. He is delegated by law who has delegated jurisdiction from the commission of common law, or even from custom. You have examples in Trent.²

5° Into immediate and mediate. Immediate jurisdiction is that which can be exercised generally and independently of the case of necessity. The Supreme Pontiff in the whole Church, the Bishop in his diocese, the Pastor in his parish possess immediate jurisdiction. But mediate jurisdiction is that which cannot be exercised except in certain cases determined by law: such is the power of Archbishops over the subjects of suffragans.

I said: over the subjects; for one must speak otherwise of the suffragan Bishops themselves, over whom the Metropolitan has immediate jurisdiction.

150. Questions. - Quaer. 1° Who can delegate?

Resp. 1° Generally, whoever has ordinary power.³

2° As to delegates, they are either delegated by the Pope, or by others. If someone has been delegated by the Pope or by the Sacred Congregations, he can subdelegate. Make exception a) unless there is a presumption that the industry of the delegate himself has been chosen by the prince or by the Pope.⁴ But when the industry of the person is judged to have been chosen, Monacelli explains thus:⁶ "1° When, by reason of confidence, it is committed to another; 2° when conscience is burdened and the proper name is expressed; 3° when the rendering of counsel is required in a certain act at a certain time; 4° when an undetermined business is mandated; 5° when the delegate was given at the instance of a party; 6° when the matter is about a thing and controversy which regards the talent and expertise of the man." 7° according to Bouix, if in the rescript it is said: by himself, or personally. Make exception b) unless the delegated faculty is a bare ministry, or simple execution, as when power of dispensing in marriages or other things is given to the Vicar General. Yet even in this case the Vicar can subdelegate the inquiry and the reception of witnesses as to the question: whether the prayers rest upon truth.² (S) p. 485.

As to those delegated by others than the Pope or the Sacred Congregations, if they are delegated for the universality of causes, they themselves can delegate according to the very common opinion, provided the delegation has been made as by office, or jurisdiction is delegated to someone in perpetuity as a privilege annexed to his office or dignity.³

But if they are particular delegates, or delegates only for certain causes, they cannot subdelegate unless it has been conceded to them by the one delegating.⁵

Neither an ordinary superior nor delegates for the universality of causes, who are held as Quasi-Ordinaries, can, without consulting the Prince, commit their whole jurisdiction to another, because, as Reiffenstuel says⁴ when speaking of an ordinary Judge: "An inferior judge, without the prince, cannot by his own authority constitute another ordinary Judge in his place."

151. • Quaer. 2° In how many ways can delegated jurisdiction cease?

Resp. 1° By renunciation of the delegate, accepted by the superior.⁵

2° By revocation of the one delegating, which however does not obtain effect unless it is notified to the delegate.⁶

3° When the number of cases for which the delegation was made has been exhausted, as in Fac. E, p. lxxiv, although the time has not yet elapsed.

4° By lapse of the determined time,⁷ or when the business for which it was given is finished. (A) p. 478.

5° By the death of the delegate, if the delegation was personal; or by loss of office or dignity, if it was real; for delegation is in the manner of a privilege. But a real privilege, or one annexed to an office, passes to successors in the office; but a personal privilege, just as it follows the person, although he has lost the office, so also is extinguished with the person, although someone succeeds him in the office.

I say: although he has lost the office. Suppose, for example, that a pastor has received the personal privilege of blessing rosaries with application of indulgences, - although he ceases to be a pastor by making profession in some religious institute, he will not lose the privilege.

But whether the delegation was personal or real must be discerned: a) from the words which the one delegating used. Thus it will be real if it is said: We delegate to the See of Baltimore, or to you and your successors; but personal if the one delegating used these or similar words: to you, in whose prudence in managing affairs of this kind we greatly trust; b) from the subject matter. Thus from practice a delegation made to a pastor for absolving from certain reserved cases is judged personal, even in an indefinite mode; likewise faculties conceded by the Holy See for a time to Bishops for dispensing in certain impediments, and a transitory delegation made by the Pope to a Bishop for some particular business; c) if neither from the words, nor from the subject matter, can something be certainly defined, it will be held as real if only the dignity is expressed, as to the Archbishop of New York; personal if only the name (or, according to Sanchez,¹ the name and at the same time the dignity) of the delegate is expressed, as if it had been said: to John N. N., or even to John N. N., Archbishop of Baltimore.

6° By death or any removal of the one delegating. But in this case a distinction must be made between the contentious and the gracious forum. In the first, delegated jurisdiction expires if, the matter still being intact, the one delegating departs from life or in some other way loses his office.² But the matter ceases to be intact by citation, as is more commonly held,³ or at least by the joining of issue. - In the second, it does not expire by death or change of the one delegating,⁴ if the delegation given to someone must be held as a grace already made, unless it was conceded with the clause: "until it shall please us," or "at our judgment or good pleasure," and the matter is still intact. But in the clauses: until it is revoked; at our revocation; at the judgment of the Apostolic See, or of the Bishop; until I shall will, that force is not present. - But if it is to be held as a grace to be made, the matter being intact, jurisdiction ceases by death or change of the one delegating. (M) p. 479.

Delegation, however, is held as a grace already made whenever it is given to someone for indeterminate persons;² because in this way to have the power of conferring grace on others is a true prerogative. But if the person in whose favor the jurisdiction is to be exercised is determined, then the jurisdiction must indeed still be judged a grace already made if the delegate must be held as a necessary executor, as happens when a dispensation over an impediment of marriage is obtained from the Holy See; for the grace has then been made to him with whom dispensation is to be made; hence the delegation then does not cease by the death of the Pontiff. - But if the delegate is not a necessary executor, namely if he can impart or deny the grace at his judgment to the determined person, then the delegation is not a grace already made, but rather one to be made, and, the matter being intact, ceases by the death or change of the one delegating.

A matter of the gracious forum is held intact if the delegate has not yet begun to exercise the first act, as if he has not yet called the parties to inquire concerning the truth of the prayers.

152. • Quaer. 3° If the Bishop is delegated, is the Vicar General also judged delegated, and vice versa?

Resp. 1° Negatively, since in delegated causes they do not make one tribunal, unless the one delegating uses the words: We commit to the Ordinary; for under the name Ordinary come all those who, like the Vicar General, have ordinary jurisdiction.

With these things premised, let these be the points concerning the power of dispensing.

153. Principles. - I. The legislator can dispense: 1° in his own laws, because he has as much power for loosing as he has for binding; 2° in the laws of his predecessors, because power either is from him, or at least is subordinated to him.

Hence a) the Pope can dispense in every ecclesiastical law, both universal and particular; indeed also in those Apostolic Constitutions which it is established were issued by the Apostles themselves, inasmuch as they were Presidents of the Church. Such are those which regard the Lenten fast, the observance of Sunday, and similar things. See L. I, 188.

b) The Bishop dispenses in all diocesan statutes, unless however the statute either has been confirmed by the Pope in specific form (n. 102. 4°), or has passed into a contract, which is not dissolved unless with the prior consent of him whose interest it is.

c) Our legislative assemblies in their respective laws.

154. • II. An inferior cannot dispense in the laws of his Superior, unless from delegated power. The reason is that an inferior does not have jurisdiction over the law of his superior. - Thus all.

It is said: unless from delegated power. By force of this power the Bishop dispenses:

A) as delegated by law in the general laws of the Church:

1° If in the law itself, made by the Pope or by an Ecumenical Council, this faculty is expressly conceded to Bishops, or (excepting the power of dispensing, about which the discussion is in Trent, Sess. 24, c. 5, de Ref. Matr.) it is said in it that dispensation can be made in it: for these words, lest they be superfluous, ought to be understood not of the Pope, but of Bishops alone; since, for the Pope to be able to dispense, it is not necessary that this be expressed in the law.

2° If necessity urges (under which in morals also comes great utility), and there is danger in delay; for the Supreme Pontiff is deservedly judged then to concede the faculty.

3° If there is a custom that the Bishop dispense in this or that universal law; for as custom introduces law, so also it grants right (in the case, the right of jurisdiction).

4° If it is doubted whether the case needs dispensation: for then the Doctors commonly say that the Bishop can declare that dispensation is not necessary, or that it can be imparted by him for caution and for the quiet of souls.

5° With individuals only, and in particular cases alone, as to those things which frequently occur; as in vows not reserved, in fasting, abstinence, observance of feasts, the Divine Office, and similar things; for it cannot be presumed that the Supreme Pontiffs wished to impose upon the faithful that burden, too grave, that for businesses of this kind, which are accustomed to occur so frequently, they should recur to him.

I said: with individuals; for the Bishop cannot relax the law of a superior by some general manner, except in the cases of which in 2°. 3°. 4°.

B) Besides, Bishops are accustomed to be endowed by the Holy See for a definite time with special faculties, by force of which they can dispense also in other things than in the aforesaid. See those which are accustomed to be conceded to our Bishops at p. lxx sq.

155. • III. Since dispensation is an act of jurisdiction, which can be exercised only upon subjects, it is plain that those alone can be dispensed who are subject to the one dispensing.

Hence travelers, according to the opinion which St. Alphonsus² calls very common and to which he subscribes, cannot be dispensed by a Bishop not their own in vows and the other things which we alleged at n. 154. 5°. Yet the contrary is sufficiently probable to the Saint as to travelers arriving at another place as at the end of a journey. Indeed, and for any travelers whatsoever I would say this today, because the consent of their Ordinaries is prudently presumed. But it is certain a) that vagi can be dispensed by the Bishop in whose diocese they here and now are; otherwise they would have no one by whom they could be dispensed; b) that the legislator and those who have obtained a universal faculty of dispensing with others can dispense also with themselves; for the power of dispensing pertains to voluntary jurisdiction, which someone can exercise even upon himself.

156. • IV. Whether, when, and how a delegated faculty of dispensing 1) can be subdelegated; 2) ceases, is to be concluded from those things which we said above concerning the subdelegation and cessation of delegated jurisdiction (n. 150. 151).

157. • V. The power of dispensing, even delegated power, given as a grace already made (n. 151. 6°), since it is favorable, is to be interpreted broadly; but the dispensation itself, since it is odious and as it were a wound inflicted on the law, from whose obligation it frees, is to be interpreted strictly, unless it is necessary (n. 148. 7°), or given of one's own motion, or inserted in the Body of Law, or conceded to a community, or for the common good; for then it is held as a favor.

158. Questions. - Quaer. 1° Can the Pope - since an inferior does not have jurisdiction over the law of a superior - dispense in divine law?

Resp. He can dispense from a just cause in those things in which divine right arises from the human will, as in vows and in oaths. Whether in the rest, from a most grave cause, he can truly dispense, or only declare that divine right then ceases, is controverted. The negative opinion is more probable to St. Alphonsus; although to him it is also very probable that the Pope can declare that in some particular case divine law does not oblige.¹

159. • Quaer. 2° Can the Bishop in his diocese dispense from laws made in a Provincial or National Council?

Resp. Affirmatively, provided there is no question of laws whose dispensation the Council has specially reserved to itself. Thus St. Alphonsus² and Benedict XIV⁴ against others. The reason alleged by St. Alphonsus is that this is greatly expedient for the good of the faithful; for on the one hand there can be cases in which a dispensation of this kind is useful, indeed necessary; but on the other it seems equitable that Bishops then have the faculty of dispensing in decrees of this kind, so that another Provincial Council need not be awaited, or recourse made to the Apostolic See. Make exception if the Council was confirmed in specific form, in which case he will be able to dispense only in those cases in which he can do this in Pontifical law (n. 154).

160. • Quaer. 3° Can pastors validly dispense in some matters?

Resp. By ordinary law, by reason of custom, they can dispense with subjects, for particular cases, in fasts, in abstinence, in works prohibited on a feast day, and other things of this kind, which occur frequently and need prompt dispensation, so that recourse to the Bishop is not easy.⁵ Our priests are accustomed to have broader faculties from the Bishops; but let each one consult the letters of his jurisdiction.

161. • Quaer. 4° Can Bishops subdelegate beyond the time for which the Holy See delegated them the faculties of dispensing or other faculties which they are accustomed to obtain from the Holy See, with the power of communicating them to suitable priests laboring in their diocese?

Resp. Negatively, speaking speculatively; for no one can transfer more right to another than he himself has. Otherwise, as indeed it seems to me, if the matter is considered practically; for since Bishops are accustomed to obtain these faculties again from the Holy See before the time for which they were conceded has elapsed, they are known to concede them anew by the act of their will by this very fact, that they had conceded them before, for example, until revocation.

383. For dispensation there is required the power of dispensing. - The faculty of dispensing pertains to the public power of jurisdiction. Consequently some have it:

A. Either by ordinary power, that is, by force of office: namely, those who can make laws, in their own laws, and in the laws of predecessors and inferiors; for "every thing is dissolved by the same causes by which it arises." These are the Roman Pontiff with respect to all ecclesiastical laws, and bishops and other local Ordinaries with respect to diocesan laws, even synodal ones (can. 82), unless they have been confirmed in specific form so that the Roman Pontiff has made them his own.

B. Or by delegated power: for an inferior cannot dispense in the law of a superior unless this is conceded to him, because an inferior has no power over the will of a superior, upon which the whole force of the law depends. But inferiors have the faculty:

Either a) by quasi-ordinary power, or by law or custom: these are those who have an office to which law or custom attaches the power of dispensing in certain laws of superiors, namely:

a) Local Ordinaries (bishops and vicars general, while the see is vacant the capitular vicar, prelates nullius, administrators, vicars and prefects apostolic).

These "cannot dispense from the general laws of the Church, not even in a particular case, unless this power has been granted to them explicitly or implicitly" (can. 81); nevertheless it is granted to them implicitly if the law says indefinitely: that it can be dispensed, or until it is dispensed, or also explicitly, as happens for irregularities arising from an occult delict, except that which arises from voluntary homicide or abortion, or another brought before the judicial forum (can. 990), and for penalties latae sententiae, according to the norm of canon 2237. But they can do this generally:

1. in certain lighter causes more frequently occurring: thus, for example, in individual cases they can dispense individual faithful subjects of theirs or individual families, even outside the territory, and in the territory even travelers, from the common law concerning the observance of feasts, and likewise concerning the observance of abstinence and fast, or even both; indeed, from a particular cause of a great concourse of people or of public health, they can also dispense the whole diocese or place from fast and from abstinence, or even from both laws (can. 1245, §§ 1 and 2); likewise for prohibited books (can. 1402); likewise from centenary custom in the recitation of the hours;

2. in cases of urgent necessity, if recourse to the Holy See is difficult and at the same time there is danger of grave harm in delay, and if there is question of a dispensation which the Holy See is accustomed to grant (can. 81), for example, in impediments of marriage (can. 1043 and 1045) and from irregularities, in a case of danger of grave infamy, for exercising orders (can. 990);

3. in doubt of fact, even for invalidating laws, provided there is question of laws in which the Roman Pontiff is accustomed to dispense (can. 15);

4. as regards the laws of a provincial or plenary council, but only in particular cases and for a just cause (can. 82 and 291, § 2).

b) Pastors, by custom now strengthened by law, in the laws concerning the observance of feasts and concerning abstinence and fast.

But only in this way, in individual cases and for a just cause, can they dispense individual faithful and individual families, but not the whole community (can. 1245, § 1).

c) Religious superiors, in an exempt clerical religion.

They are Ordinaries, namely, the general or provincial superior, in certain cases determined by law, yet less frequently than local Ordinaries; and the provincial can dispense from laws enacted in a provincial chapter, the general from laws enacted in a general chapter. Likewise these and the superiors of a house can dispense from laws concerning the observance of feasts, fast, and abstinence, with their inferiors, but only in the manner of a pastor (can. 1245, § 3).

1. Thus in doubt of fact (can. 15), in difficulty of recourse and danger in delay (can. 81-82), from an irregularity from an occult delict (can. 990), for penalties latae sententiae according to the norm of can. 2237, in an urgent case, from individual prohibited books (can. 1402).

d) Confessors, however, cannot do this.

They can only declare laws, but not of themselves dispense in them, unless sometimes this is expressly granted.

Thus by law they are delegated in more urgent occult cases in which the Ordinary cannot be approached: 1) in the case in which danger of grave harm or infamy is imminent, over all irregularities arising from an occult delict, but only for the exercise of the order received, except the irregularity arising from voluntary homicide or from procuring abortion, or another already brought before the judicial forum (can. 990);

2. likewise over the observance of a vindicative penalty latae sententiae, if otherwise the guilty person would betray himself with infamy and scandal; but with the burden of recurring within a month to the competent superior, if it can be done without grave inconvenience (can. 2290);

3. over all matrimonial impediments of ecclesiastical law, except the impediments of the presbyterate and of affinity in the direct line from consummated marriage (can. 1044-1045).

Or b) by purely delegated power, or from man: these are those to whom this has been expressly committed by those who have ordinary or quasi-ordinary power, or delegated power for a universality of causes or with the faculty of subdelegating.

Thus bishops, by force of quinquennial and triennial faculties, can by extraordinary faculty dispense in many things.

Concerning all these the following rules have force.

384. Rules concerning the power of dispensing.

1. He who has ordinary power of dispensing can also commute, just as he can impose one obligation in place of another.

2. He who has delegated power of dispensing can also commute in laws which impose a burden, for example, fast, recitation of the hours; but not in laws which were enacted for other ends pertaining to the common good, for example, for avoiding inconvenience, preserving order, such as impediments of marriage, because compensation can contribute nothing to their ends.

3. He who has the power of dispensing of himself has the power of commuting, unless he is explicitly restricted to dispensing in a certain case.

4. But he who has the power of commuting cannot therefore dispense, nor commute to something less; otherwise he would be dispensing in part.

5. But he who has the faculty "of commuting by dispensing" can commute to something less, but cannot simply dispense.

385. Whom they can dispense. - Of themselves they can dispense with subjects (can. 201, § 1), even with vagi (can. 14, § 2), with exempt persons at least with the presumed consent of their superior (because they are not of a worse condition, according to rule 61: What is granted for someone's favor is not to be turned to his detriment), and even with travelers who otherwise would be bound to approach their own superior, which often could not be done without great inconvenience (can. 1245; 2253, 3; 2237; 1043-1045), unless nevertheless the contrary is positively established, as for example in can. 990, § 1, and 1402, § 1; indeed with oneself, because they are not of a lower condition than subjects, and because acting in the name of the superior one dispenses himself as subject to him, though not in one's own laws, in which he does not need dispensation, since he is not directly subject to them.

Dispensation, or the relaxation of law in a special case, can be granted by the founder of the law, by his successor or Superior, and also by him to whom they have granted the faculty of dispensing (Can. 80).

I say, 1st. The legislator can dispense: 1st, in his own laws, because he has as much power for loosing as he has for binding; 2nd, in the laws of his predecessors, because he enjoys equal power with them; 3rd, in the laws of his inferiors, because these have their power from him or at least have it subordinated to him.

I say, 2nd. An inferior cannot dispense in the laws of his superior, except from delegated power, and insofar as it has been delegated to him either by the superior himself, or by law, or by custom. The reason is that it is repugnant for an inferior to enjoy authority over the law of his superior.

Question 1. Can the Pope dispense in divine law?

Response. Concerning this matter there is much controversy among theologians; but that controversy is merely speculative, and rather pertains to the mode of speaking, namely whether the word dispensation is to be employed or not. For each part of those disagreeing equally consents to this, that, pontifical authority intervening from a just cause, a bond which is said to be of divine right can be taken away. - Cf. St. Thomas, 2-2, q. 88, art. 12. - St. Alphonsus, n. 189; and Hom. Ap. n. 56. - Baller., note (a), p. 101.

Question 2. In what laws can a Bishop dispense?

Response. Bishops and other local Ordinaries are able to dispense in diocesan laws, and in the laws of a provincial and plenary Council according to the norm of can. 291, § 2; but not in laws which the Roman Pontiff has specially made for that particular territory, except according to the norm of can. 81 (Can. 82). The Ordinary can dispense in laws, even invalidating and inhabilitating laws, in doubt of fact, provided that it concerns laws in which the Roman Pontiff is accustomed to dispense. - Cf. Can. 15. From the general laws of the Church, Ordinaries below the Roman Pontiff cannot dispense, not even in a particular case, unless this power has been explicitly or implicitly granted to them, or unless recourse to the Holy See is difficult and at the same time there is danger of grave harm in delay, and the matter concerns a dispensation which is customarily granted by the Apostolic See (Can. 81).

Question 3. Can a Bishop dispense with pilgrims in vows, oaths, and common precepts of the Church?

Response. Affirmatively, as is clear from canons 1245 for the observance of feasts, abstinence, and fasting; 1313 for vows; 1320 for an oath. - Cf. St. Alphonsus, n. 158. - Baller., note (c), p. 101.

Question 4. Are Pastors able to dispense in some things?

Response. Pastors are able to dispense neither from a general law nor from a particular law, unless this power has been expressly granted to them (Can. 83).

This power indeed has been granted by law in singular cases and for a just cause, both in relation to subjects even absent and in relation to pilgrims present in their territory, for the observance of feasts, abstinence, and fasting. - Cf. Can. 1245, § 1; Can. 1044.

Question 5. Can a superior dispense with himself?

Response. Affirmatively, if he is primary; indeed also if he is secondary, if he has the general faculty of dispensing with others. - Cf. St. Alphonsus, Hom. Ap. n. 64.

Question 6. Can one delegated subdelegate?

Response. § 2. Power of jurisdiction delegated by the Apostolic See can be subdelegated either for an act, or even habitually, unless the industry of the person was chosen or subdelegation was prohibited.

§ 3. Power delegated for a universality of affairs by one who below the Roman Pontiff has ordinary power can be subdelegated in individual cases.

§ 4. In other cases delegated power of jurisdiction can be subdelegated only from a concession expressly made, but delegated judges can subdelegate some non-jurisdictional article even without an express commission.

§ 5. No subdelegated power can again be subdelegated, unless this has been expressly granted (Can. 199).

As regards § 2, thus C. 43 de officio et potestate delegati, 1, 29: "But he to whom it is enjoined that he personally execute the affair can, provided the parties consent, delegate this to others; except if we should command that an inquiry be made, or that provision be made for churches concerning prelates or other ministers; since in all these cases we seem to choose the industry and fidelity of the person to whom we commit such things." Cf. St. Alphonsus, n. 193; and de Sacr. Poenit. n. 566.