Page:Catholic Encyclopedia, volume 17.djvu/277

 BiaPENaATION 261 DiaPENSATIOK

pope is wont to dispense from them. A dispensa- Ordination. — Ordinaries can dispense for a just

tion granted by an inferior without a cause that is, cause : from the publication of the names of secular

considering the circumstances, just and reasonable, candidates for orders which is to be made in their

is neither licit nor valid. parochial churches; also from the intervals of time

In canon 4 of the Ckxle is stated that "acquired that should elapse between the reception of dif-

rights, privileges and indults which have been hith- ferent orders, not, however, so that two sacred

erto granted to physical or moral persons by the orders, or minor orders and the subdiaconate should

Apostolic See and which are still in use and un- be received on one day, or the four minor orders,

recalled, remain in vigor, unless they are expressly or tonsure and minor orders together,

revoked by the canons of this Code/' On 25 April, PomAc*.— With the consent of the synodal ez-

1918, a decree was issued by the Consistonal Con- aminers ordinaries may dispense candidates of

gregation. After pomting out that many of the k^own ability from an examination in theology, etc,

powers of ordinaries formerly acquired only by before giving him a parish,

special concession were now granted by the general jr^^ ,_ j n si.^ r i j- • j.

law, the decree provided among other things that .^ • J?^ Oai^^.—Local ordinanes can dispense

except in places subject to the Sacred Congregation *5lLL^^ ^^^^""^ *?^ even p6rc({nm from un-

for the Propagation of the Faith-for which suit- 1^3^^^^^^ °' °^*?^' ¥?u'^^ ^^ "«^^ °^ *

able regulations wiU be issued at an opportune «^Party are not injured thereby,

time — in all dioceses subject to the comnion law. Index,— ^In urgent cases the ordinary can allow

all faculties granted to ordinaries for the external one of his subjects to read a book forbidden by

forum, and contained in twenty-five-year briefs, the Holy See.

and ten-year, five-year, three-year formul®, wiU FeaaUjaating, and abstinence, --Local or6^n&ne8,

cease from 18 May, 1918. However, local wdmMies and even parish priests, in particular cases and for

in America, the Phihppme Islands, the East IndiM, just cause, can (fispense their subjects, even when

Afnca— except the temtones along the coast of the away from their territory, and peregrini in their ter-

Mediterranean Sea— and Ru«Ma, may, for a penod ntory from the common law regarding feasts, fast-

of five years from 18 May, 1918, dispense from the jng and abstinence. Superiors in exempt derical

mmor impediments to marriage; they may alao religious orders have the same power over their

ment is to be warned of the effect of the aanatio. a place from the laws oPfast and abstinence for

Moreover, they <»n dispense for the same .penod reasons of health or on an occasion of a great gath-

from the major impediments of the ecclesiastical ering of the faithful.

law, whether public or occult, even when multiple „^^ ,,. rk j- • --l xt. %.- (except impedimenta arising from priesthood or, jPenaWics.—Ordmanes can remit the penalties aflfinity in the direct line wTien the marriage has f?*® sententuB imposed by the general law, in pub- been consummated) and also from the prohibitory ^^ cas^., except: (a) when the case has come into impediment of mixed religion, if the petition for ^^ judicial forum; (b) censures reserved to the the^ispensation has been sent to the Holy See, Joly See; (c) incapacity to receive benefic|M, of- and in the meanwhile an urgent necessity for the fices, dignities, or positioM of trust m the Church, dispensation arises. °' pnvation of active and passive voice, perpetual Inegylantiea (cf. C. E., Vm-173).-Any ordi- suspension, infamy of law, pnvation of the nght of iry may personally or by another dispense his Patr«aa«e and of pnvilege or favor granted by hfpcte from all irreimlaritiea arising from occult ^^^ Ho 7 See._ In occult cases, the ordinary can,

nary su^

bjects from all irregularities arising from occult ^"® -^^jy 'u imes, except those arising from crimes brought peraonaily or by

f/^ fhix «i^iVi«1 fnmm «nH f.lirtf» annncr from vol- SeutentUB Of COm;

cnmes, except tnose arising irom cnmes orougui, .-^••'^^r^ y -^^ another, remit all penalties latca

into the judicial fonim and those arising from vol- sententuB^ of common law except censes r^rved

untary homicide or the efficacious abortion of a very sp«Jially or speciaUy to the Holy See. Hitherto

human foetus or from cooperation in these crimes, ne could dispense only m the case of light cnmes

No mention is made of the power of dispensing ^^ <^^ suspension for certain occult offenses. In

from the irregularity of illegitimacy for the recep- more urgent occult cases if by the observance of

tion of tonsure and minor orders, hitherto enjoyed. » vindicatory pumshment [a^« aententifBA culpnt

Confessors have the same power in urgent secret would betray himself and thus mcur, infamy and

cases in which it is impossible to reach the ordinary give scandal, a confessor can suspend m the sacra-

and there is danger pf serious evil or scandal, but ^^^^^J, ufli^V J^ 5„2r i5f™^ ?£ 1*?^ ®?.?i-.? I?! this pow penitent

larities or impediments, all must be mentioned; a Penitentiary or to a bishop having power general dispensation, however, removes all those with the case, if this can be done without grave that have been omitted bona fide (with the ex- mconvemence, and of submitting to the orders he ceptions just mentioned), but not those omitted receives. If in any extraordinary case this recourse mala fide. In the case of voluntary homicide, the }f impoMible the confessor himself may dispense, number of offenses must be given, under penalty of ^ut subject to those conditions under which he nullity. A general dispensation to receive orders may a>olve from censures m similar circuiM^ is valid for major ordera, and those who have been ^^.^ * notable change m the extent of powers dispensed can obtain non-consistorial benefices, even granted to confessors.

with the cure of souls aimexed; but for appoint- Catiae for granting diapenaationa (cf. C. E., V-45). ment as cardinal, bishop, abbot or prelate nvlliua, — There must be a sufficient just cause for the licit or higher superior in an exempt clerical religious granting of a dispensation. If a person alleged a order a special concession is required. Dispensa- false cause or concealed part of the truth, it would tions granted in the extra-sacramental internal not invalidate a dispensation granted from a minor forum are to be in writing and an entry concern- matrimonial impediment, even if the sole motive ing them should be made in the secret archives for granting it were false; but in any other case of the curia. at least one true motive cause is necessary, but