Who can dispense

A legislator can dispense in his own laws, in those of his predecessors, and in those of his subordinates by his ordinary jurisdiction; he cannot dispense in the laws of his superior unless he has received delegated authority for the purpose.

(a) The Pope, then, can dispense in all ecclesiastical laws, even in those which have been made in a general council. He cannot dispense in the natural or divine law; but in vows, oaths, and in marriage which has not been consummated, the Pope can for good cause dispense in the name of God, or at least declare that in certain circumstances they have ceased to exist; for whether he then in the strict sense dispenses, or only declares the sense of the divine law, is a disputed point. In practice there is little difference between the two views.

(b) Bishops can dispense in episcopal laws, and even in those of a provincial or plenary council, unless such authority has been reserved. Although they have no authority over the common law of the Church per se, yet by custom and the presumed consent of the Pope, Bishops can in particular cases dispense from the common law in trivial and doubtful matters, in matters which are of frequent occurrence, as in abstinence, fasting, observance of days of obligation, in the divine Office, and even in other matters of greater moment which admit of no delay.¹

Bishops can dispense not only their own subjects, but strangers also, in such matters as fasting, abstinence, observance of days of obligation, vows, etc.²

(c) Regular prelates have quasi-episcopal authority over their own subjects, and can do for them what Bishops can do for their subjects. Moreover, many privileges have been granted by the Popes to regular Orders, by virtue of which they can dispense not only their own subjects but others also.

(d) Although parish priests per se cannot dispense either in general or in particular laws (Can. 83), yet the power is expressly granted to them to dispense in particular cases and for a good reason even outside their parishes particular individuals and families subject to them, and within their parishes strangers also, from the common law of observing feast days and also from the observance of fasting or abstinence or of both fasting and abstinence (Can. 1245). Those who have the cure of souls in places where there are no parish priests in the strict sense have the same authority from the necessity of the case, from custom, and often by implicit or explicit grant.³

¹ St Alphonsus, 1, n. 190.

² Can. 1245, 1313.

³ Concil. Westmon., d. 23, nn. 1, 3.

If there be a good and sufficient cause for granting a dispensation, the superior may ordinarily either grant it or refuse to do so, as he judges fit; but if serious public or private harm would follow from not granting a dispensation, charity may require that the favour should be granted. But even in that case, unless the inconvenience is so serious that it excuses from the obligation of the law, if a dispensation is refused, the law must be obeyed.

"77. For his own preservation, man can dispense himself from that law which God established for his benefit." Proposition of Pasquier Quesnel condemned by Clement XI.

"8. The Pope cannot dispense in the statutes of the universal Church." Proposition of the Masters of Oxford condemned by Sixtus IV.

Who can dispense, and with whom? - R. To the first: Since dispensation is the relaxation of law, it is clear that it is an act of jurisdiction. Wherefore only he can dispense by ordinary power who made the law, or his superior, or successor; but by delegated power, he who has received from these the power of dispensing. The reason is that the legislator has as much power for loosing as for binding; he has equal power with his predecessors; finally he has the power of inferiors subordinated to himself. But an inferior has no power over the law of his superior.

The legislator cannot dispense even in his own law, if the law passes into a contract. For pacts are to be observed by all. But an inferior can dispense in the law even of a superior, if dispensation is generally permitted in the law, e.g., if it is said "until he is dispensed," if custom has prescribed it, if it is commonly admitted by theologians. Hence validly and licitly an inferior, by ordinary power, dispenses from a just cause in the law of a superior: 1. Concerning light things, i.e., those which do not oblige under mortal sin, even if recourse to the superior is easy. 2. In cases which occur frequently, and in doubtful cases. 3. When there is urgent necessity, recourse to the superior is difficult, and there is danger in delay. 4. Man cannot dispense himself from divine and natural law on account of his own preservation.

By ordinary power, delegated. Ordinary power is that which belongs to someone by force of his dignity, or of his office; delegated power, that which belongs by concession of him who has ordinary power. If delegated power is granted by law, it is equated with ordinary power, as being annexed to office and dignity; but if it is only from a superior, it is purely delegated. - L. 90, 190-192; l. 6, n. 902.

R. To the second: Dispensation can be made only with those who are subject to the jurisdiction of the one dispensing; for example, with inhabitants having domicile, whether they are in their own territory or outside it, L. l. 7, n. 81; with resident strangers, as long as they have quasi-domicile in the territory, S. O., 22 Nov. 1865, A. S. S., vol. 2, p. 671, who, once a dispensation has been obtained, can use it even when they go abroad, Suarez, l. 8, c. 26, n. 12; with wanderers, as long as they are staying in the territory, Bened. XIV, Not. 33, n. 10; indeed even with travelers, since travelers also by access to the local superior sufficiently become subjects while they are in foreign territory, and since this dispensation is personal, it adheres to the person, and therefore follows the traveler even outside the territory or diocese of the one dispensing, cf. 298; finally with themselves, although they have only delegated power, but general. The reason is "because it is purely voluntary jurisdiction, which can be exercised even toward oneself. Hence one can well dispense oneself in vows, oath, fast, etc." L. 183. General, because no one is excepted in a general faculty, in whatever way it is had. But it is otherwise if someone has been delegated only for particular cases. - L. 158, 183; l. 3, n. 262; E. M.

Can the Pope dispense in divine law? - Those things which are prohibited by divine law are of a threefold class. For there are objects evil in themselves, and by reason of themselves. And these can never become not evil and licit. There are objects evil in themselves, but by reason of danger, or by reason not of the very being of order but of the perfection of this order. And these, when the danger has been removed and on account of peculiar circumstances, can become not evil and licit. Finally, there are objects evil in themselves, but on account of another's right. When this right ceases, from the fact that someone has power over that right, that which otherwise is illicit can be rendered licit.

Therefore the Pope can dispense from a just cause in those things in which divine right arises from human will, as in vows and in oaths. For it is certain that in these he acts in the place of God. Hence it is that dispensation in a vow or oath, without a just cause, even when made by the Pope, is invalid. In the rest it is disputed whether he can truly dispense from a most grave cause, or only declare that divine right then ceases. In practice it matters little. In the rest, namely in those in which he can dispense; for he cannot dispense in all, as is clear from what was set down at the beginning, but only in some, e.g., in betrothals, in ratified marriage, etc. But always except laws which pertain to the essential constitution of the Church, laws concerning the forms and matters of the sacraments, concerning the offering of sacrifice, etc. Nevertheless in doubtful matters the Supreme Pontiff can infallibly declare divine and natural right. Therefore that phrase, "Whatever you shall loose," etc., is not unlimited, but must be restricted to those things which pertain to the spiritual good of the Church and of souls. Cf. 180. L. 180, 188, 189; S. Th. 1. 2. q. 100, a. 8; 2. 2. q. 88, a. 12; q. 89, a. 9, ad 3; S. q. 65, a. 1, 2, 4; q. 67, a. 3; Quodl. 4, 13; Struggl, q. 4, n. 11; E. M.

In what laws can Bishops dispense? - By ordinary right, they can dispense in their own dioceses from laws enacted in provincial synods, since it has been so introduced by custom, C. Cum contingat 13 de For. comp., provided they are not specially reserved to the Council. Likewise they can dispense in all episcopal and synodal statutes, and indeed independently of chapter and clergy. Nor is it an obstacle that the provincial Council, or diocesan synod, was approved by the Apostolic See. For that approbation is not specific and absolute, such that the individual things are rigidly examined, known, and approved motu proprio and with certain knowledge. But it is ordinary, common, and conditional, if canonically, etc.; and this indeed gives no new right, for only the decrees of the Council, legitimately established and which of themselves have the force of obliging, are confirmed; and the review of them made by the S. C. C. is only a condition without which they cannot be promulgated. Bened. XIV, de Syn., l. 13, c. 5. Moreover Bishops dispense by their own right in Pontifical laws also enacted for their diocese, for they are held as diocesan laws. But from episcopal and synodal statutes the chapter can also dispense, when the See is vacant, since it succeeds into the place of the Bishop. The same cannot be done by the Vicar General of the Bishop, without special delegation, since he does not have this from his own ordinary right; since in a general commission the faculty of dispensing is not understood.

Bishops cannot, however, dispense in a synodal taxative law of the congrua for those to be ordained. The reason is that Innocent XII, B. Speculatores, established that "the benefice be of such income that, for suitable support of life, whether according to the synodal assessment, or, if it is lacking, according to the custom of the region for those to be promoted to sacred orders, after burdens have been deducted, it suffice by itself, and that it be peacefully possessed by the one to be ordained." Wherefore the Pontiff implicitly takes away from the Bishop the faculty of dispensing in this matter, or rather of arbitrating, or of making the calculation in his own way. But because every power, and especially spiritual power, is given not for destruction but for edification, from the very nature of ecclesiastical laws, and from the presumed will of the Roman Pontiff, as well as from custom, Bishops dispense also in common laws: 1. when the matter is light; 2. as regards doubtful cases; 3. as regards cases which often occur, as in most vows, the divine office, observance of feasts, abstinence, fasting, with private persons and in particular cases. - Likewise they dispense in other Pontifical laws also, whenever recourse to the Supreme Pontiff is not easy, and there is grave danger in delay, e.g., in impediments of marriage, in irregularities, in vows reserved, etc. But they can dispense in Pontifical laws if in the law itself it is said that dispensation can be made from it; for if these words signify anything, and permit dispensation, they certainly permit it to inferiors, namely to Bishops. - Matrimonial dispensations, however, are excepted, cf. Trent, s. 24, c. 5 de R. M., from the practice and Style of the Curia, and also from the Constitution of Pius X, Sapienti consilio, and Ord. serv. in Rom. Cur., or if by law the Ordinaries themselves were the ones to dispense, as is seen in the case of a Bishop ordaining a bigamist, C. Super eo 2 de Big. L. 180, 190, 191, 192; App. 2, n. 54 ff.; l. 6, n. 613, 902; H. A. tr. 2, c. 6, n. 57; De Iustis, de Dispensat. Matrimon., l. 2, c. 2, n. 45 ff.

Note: A Bishop is said in the preceding cases to dispense by ordinary right, because such a faculty belongs to them by force of their proper office, to which it is perpetually annexed, and therefore they can well delegate it to another. - It must be furnished gratis by whomever the dispensation pertains to. Trent, s. 25, c. 18 de R. In doubtful cases the Bishop can declare that the case does not need dispensation, or dispense for caution. - Concerning dispensation for caution, Benedict XIV notes these things, Not. 101: "Diana wisely remarks that dispensations of this sort are granted by the Sacred Penitentiary or Datary not as necessary, but so that the faithful may be rescued from every scruple and anxiety of soul." Such a dispensation will then, regularly speaking, not be necessary; but it is very useful; for if perhaps afterward the truth appears, nevertheless one truly remains dispensed. L. 190, 192, 193; l. 6, n. 613; de Priv. 57, 58; Struggl, q. 4, n. 12; Sanch., l. 8, d. 6, n. 18. Besides these ordinary faculties, Bishops often have many other extraordinary faculties for three years, for five years, etc.; these delegated faculties they can also regularly subdelegate to others. Cf. 254.

Can pastors dispense in some things? - By ordinary right they can, by reason of custom, dispense with subjects, only for particular cases, in fasts, in abstinence, in works prohibited on a feast day, and in other similar matters which frequently occur and need prompt dispensation. By reason of custom, for they do not have jurisdiction in the external forum. By ordinary right, since this faculty has been attributed to them by reason of office, as being exercised in cases which frequently occur. Indeed they can even dispense in graver matters, in which Bishops can dispense, when a most grave necessity stands, if the Bishop cannot be approached and there is danger in delay. L. 190, 192; l. 3, n. 288; l. 6, n. 613; H. A. 59.

Can regulars dispense in some things? "Regular prelates have the power of dispensing (in particular cases) with their subjects in ecclesiastical precepts, as Bishops can with their diocesans. For they themselves have quasi-episcopal jurisdiction, as the doctors commonly teach.... And the same holds as regards the rules of religion." L. de Privil., n. 106, 108. "Confessors of the Mendicants, and other regulars communicating with them, have the power of invalidating, remitting, and dispensing oaths and vows. They can besides dispense with spouses as regards the impediment to petitioning the debt, on account of incest committed with a blood relative of the spouse. But it must be noted here that the confessor must obtain special license in this matter, and at least from the lower superior of his monastery. Moreover Mendicant confessors can dispense with spouses in a vow of chastity, elicited before marriage, for petitioning the debt, just as also in a vow elicited after marriage. They themselves can dispense in all vows in which Bishops can, by ordinary right, dispense with their subjects." L. ib. 109; l. 1, n. 194; l. 3, n. 257, 258; l. 4, n. 63, 64; l. 6, n. 987, 1076, 1127, 1128; La-Croix, l. 3, p. 2, n. 1310; Struggl, q. 4, n. 13.

Whether dispensation can be given in the external forum, or in the internal forum? - Dispensation can be given in the external forum, since if the bond of law is constituted in the external forum, the loosing of that bond can also be given in the same forum. And thus dispensation from abstinence, which is given by indult during the time of Lent, is given in the external forum. - It can also be given in the internal sacramental forum; for in the sacramental forum all those things which pertain to spiritual salvation can well be treated. It can likewise be given in the internal forum of conscience, although not sacramental; for as sins properly pertain to the sacramental forum, so to the forum of conscience pertain all things which look to the spiritual salvation of each one.

But this essential difference intervenes between the sacramental internal forum and the merely internal forum of conscience: that in the former matters are treated among those present; in the latter matters can also be handled among the absent. The forum of penance is also distinguished; but this, according to some, is the sacramental forum; according to others, it is the forum of conscience. Wherefore what is committed to someone in the forum of penance, apart from absolution of sins, e.g., dispensation from fast, abstinence, etc., can also be expedited outside the sacrament of penance, although the mandate is directed to a priest confessor. - Suarez, l. 8, c. 6, n. 15, 16; Salm., tr. 18, c. 1, n. 33; Schmalz., l. 2, t. 2, n. 2; L. 194; S. Th. 1. 2. q. 97, a. 4.

241. The Supreme Pontiff can dispense 1. in absolutely all ecclesiastical laws; 2. in divine law, in which divine right, as it were, arises from human will, such as vows, a promissory oath, a ratified marriage.

That the Supreme Pontiff can dispense in all ecclesiastical laws is certain; for "the Pope has the fullness of power in the Church, namely in such a way that whatever things have been instituted by the Church or by the prelates of the Church are dispensable by the Pope."⁴⁶ - In ancient times some thought that the Pope was not above an ecumenical Council; but this doctrine is false, and already Sixtus IV condemned the proposition of Peter de Osma: "The Pope cannot dispense in the statutes of the universal Church."⁴⁷

That the Pope cannot properly dispense in some divine law is asserted by many. Thus St. Thomas also⁴⁸ says: "But concerning those things which are of divine right or natural right, [the Pope] cannot dispense." - Nevertheless it is certain that the Pope dispenses and can dispense in a ratified marriage; it is likewise certain that a ratified marriage is a true sacrament and indissoluble by divine right. Therefore the Pope dispenses in divine law. Since these things are so, authors now speak in this way concerning the power of the Supreme Pontiff: The Pope cannot dispense in absolute divine law, for example, concerning the number, matter, and form of the sacraments; and St. Thomas must be understood concerning this absolute law if, with many old authors, he denies the faculty of dispensing in divine law. But the Pope can sometimes dispense in divine right which is founded upon some human fact, for example, upon matrimonial consent given, upon a vow emitted.⁴⁹

⁴⁶ St. Thomas, Quodlib. 4, a. 13.

⁴⁷ Denz. n. 731.

⁴⁸ Quodlib., l. c. Ferraris (Prompta Bibl., word "Dispensatio" n. 19) calls this opinion almost common, for which he cites several grave authors. Cf. also St. Alphonsus, Theol. mor. l. 1, n. 189.

⁴⁹ Cf. above n. 164.

243. Religious superiors in exempt clerical institutes, by ordinary authority, can dispense in the laws and statutes of their own institute. The approved statutes of each institute must be seen. As to common ecclesiastical laws, generally it can be said that those exempt religious superiors (even local ones), since with respect to their own subjects they have quasi-episcopal jurisdiction, possess for their subjects the same ordinary power (but not delegated power) of dispensing by which bishops enjoy for their diocesan subjects. But as to the observance of feast days, abstinence, and fasting, those superiors cannot dispense all subjects together, but only individual ones.⁵⁴

⁵⁴ Cod. iur. can. c. 1245, § 3.

244. Pastors by ordinary authority can grant no dispensation in ecclesiastical law.⁵⁵ Nevertheless, since they have quasi-ordinary jurisdiction, ecclesiastical law attributes to them the faculty of dispensing in individual lighter cases, for example, in fasting, in abstinence, in servile works prohibited on a feast day, individual faithful subject to them, indeed even individual families, but not the whole parish together.⁵⁶ The scope of this faculty is wont to be determined either from legitimate custom or from diocesan statutes. When danger of death is urgent, or in another urgent case, pastors also have an ample faculty of dispensing in matrimonial impediments, as will be said below III, n. 859-860.

⁵⁵ Ibid. c. 83.

⁵⁶ Ibid. c. 1245, § 1.

246. Note 1. Whoever has ordinary (or quasi-ordinary) power of dispensing can subdelegate it to others, unless something else is expressly provided by law. - An ample faculty of dispensing is conceded to all confessors in the so-called "Little Page of the Sacred Penitentiary," which can be obtained rather easily.

Note 2. When a just cause of dispensation exists, the superior not only can, but also sometimes must, concede dispensation. For either law, or justice, or charity can demand this. Thus, for example, a bishop must dispense from interstices if there is a great scarcity of priests and otherwise the common good would be harmed (legal justice demands this). Likewise a bishop must dispense in vows if otherwise the one vowing would be situated in grave danger of salvation (charity demands this); he must dispense in matrimonial banns if otherwise great damage or scandal would arise (justice demands this).

250. The one dispensing himself, unless he has a power of dispensing limited to a certain mode or to certain persons, can also dispense with himself. Thus the common opinion. The reason is that dispensation is an act of voluntary and gracious jurisdiction, which one can ordinarily exercise upon himself. Hence, for example, a superior who can dispense his subjects in fasting can also dispense himself. If, however, the faculty of dispensing has been conceded to be exercised in the tribunal of penance alone, then certainly the one dispensing cannot dispense with himself, because no one can be judge of himself in the tribunal of penance. - In practice it is to be counseled that, for the internal forum, anyone, even the legislator himself, seek dispensation from another confessor, according to that saying: "No one is judge in his own cause."⁶⁹

Note. Since jurisdiction can be exercised even upon one absent, ignorant, and unwilling, nothing prevents dispensation from being conceded to some subject who is absent, or ignorant, or even unwilling. And thus in reality dispensation is sometimes conceded in the so-called "sanation in the root."⁷⁰

⁶⁹ Cf. S. theol. II-II, q. 185, a. 8.

⁷⁰ Cf. below III, 887.

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.

IX. Question V. Who can dispense from reciting the office? Answer. The supreme Pontiff, as the supreme guardian of the laws and the maker of ecclesiastical law, can dispense, for a just cause, throughout the universal Church. Bishops too, in their own diocese, can dispense — not in perpetuity, but according to the variety of circumstances, a just cause occurring. Similarly, Regular Prelates can dispense their Religious for a time, a just cause pressing.

XIX. Question XVI. To whom, by ordinary law, does the faculty of dispensing in vows belong? Answer. It belongs first to the supreme Pontiff, Pastor and Head of the universal Church, and Vicar of Christ on earth; then to a general Council, to the supreme Pontiff's Penitentiary, to Legates a latere, to pontifical Nuncios with respect to the whole Province or Kingdom, to Archbishops, Bishops, the cathedral Chapter with the see vacant, Abbots having quasi-episcopal jurisdiction, and all Prelates of Regulars with respect to their own subjects. All these can, by ordinary law, dispense their subjects in vows both personal and real, reserved vows excepted. Cardinal Protectors of Orders cannot, by ordinary law, dispense in vows. The vows of a Community can be dispensed by a Bishop, a just cause occurring.