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 DISPENSATION

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DISPENSATION

the latter case it would be illicit to do so ; but without a cause an inferior cannot revoke a dispensation, even validly. With a just cause, however, he can do so if he has dispensed by virtue of his general powers (ordinary or delegated); not so, however, when his authority extended merely to one particular case, since thereby liis authority was exhausted, (c) A dispensation ceases by the death of the superior when, the dispensation ha\'ing been granted in jormA com- missd, the executor had not yet begun to execute it. But the grant holds good if given ex gratid (as a fav- our) and even, more probably, if granted in formA com- missA mixtA. In any case, the new pope is wont to re- validate all favours granted in the immediately previous year by his predecessor and not yet availed of. (d) K conditional dispensation ceases on verification of the condition that renders it void, e. g. the death of the superior when the dispensation was granted with the clause ad beneplacitum nostrum (at our good pleasure), (e) .\ dispensation ceases by the adequate and total cessation of its motive causes, the dispensa- tion thereupon ceasing to be legitimate. But the cessation of the influencing causes, or of a part of the motive causes, does not affect the dispensation. However, when the motive cause, though complex, is substantially one, it is rightly held to cease with the disappearance of one of its essential elements.

II. Matrimonial Dispensations. — A. matrimonial dispensation is the relaxation in a particular case of an impediment prohibiting or annulling a marriage. It may be granted : (a) in favour of a contemplated mar- riage or to legitimize one already contracted; (b) in secret cases, or in public cases, or in both (see Impedi- ments OF XIatrimony) ; (c) in foro interna only, or in foro externa (the latter includes also the former). Power of dispensing in foro interna is not always re- stricted to secret cases {casus occulti). These expres- sions, as stated above, are by no means identical. We shall classify the most important considerations in this very complex matter, under four heads: (1) gen- eral powers of dispensation; (2) particular indults of dispensation; (.3) causes for dispensations; (4) costs of dispensations.

(1) General Powers of Dispensation. — (A) The Pope. — The pope cannot dispense from impediments found- ed on Divine law — except, as above described, in the case of vows, espousals, and non-consummated mar- riages, or valid and consummated marriage of neo- phytes before baptism (.see Neophytes). In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt. In respect of im- pediments arising from ecclesiastical law the pope has full dispensing power. Every such dispensation granted by him is valid, and when he acts from a suffi- cient motive it is also licit. He is not wont, however, out of consideration for the public welfare, to exercise this power personally, unless in very exceptional cases, where certain specific impediments are in ques- tion. Such cases are error, violence, Holy orders, disparity of worship, public conjugicide, consanguin- ity in the direct line or in the first degree (equal) of the collateral line, and the first degree of affinity (from lawful intercourse) in the direct line. As a nile the pope exercises his power of dispensation through the Roman Congregations and Tribunals.

Up to recent times the Dataria was the most im- portant channel for matrimonial dispensations when the impediment was public or about to become public within a short time. The Holy Office, however, had exclusive control in foro externo over aU impediments connected with or juridically bearing on matters of faith, e. g. disparity of worship, mixta religio, Holy orders, etc. The dispensing power in foro interno lay with the Penitentiaria. and in the case o( pauperes or quasi-pauperes this same Congregation had dispensing power over public impediments in foro externo. The Penitentiaria held as pauperes for all countries outside

of Italy those whose united capital, productive of a fixed revenue, did not exceed 5370 lire (about 1050 dollars); and as quasi-pauperes, those whose capital did not exceed 9396 lire (about 1850 dollars). It likewise had the power of promulgating general in- dults affecting public impediments, as for instance the indult of 15 Nov., 1907. Propaganda was charged with all dispensations, both in foro interno and in foro externo, for countries under its jurisdiction, as was the Congregation of Extraordinary Ecclesiastical Affairs for all countries depending on it, e. g. Russia, Latin America, and certain vicariates and prefectures Apos- tolic.

On 3 November, 190S, the duties of these various Congregations received important modifications in consequence of the Constitution "Sapienti", in which Pope Pius X reorganized the Roman Curia. Dis- pensing power from public impediments in the case of pauperes or quasi-pauperes was transferred from the Dataria and the Penitentiaria to a newly established Congregation known as the Congregatio de Disciplina Sacramentorum. The Penitentiaria retains dispens- ing power over occult impediments in foro interno only. The Holy Office retains its faculties, but re- stricted expressly under three heads: (1) disparity of worship; (2) mixta religio; (3) the Pauline Privilege [see Divorce (in Moral Theology)]. Propaganda remains the channel for securing dispensations for all countries under its jurisdiction, but as it is required for the sake of executive unity, to defer, in aU matters concerning matrimony, to the various Congregations competent to act thereon, its function is henceforth that of intermediary. It is to be remembered that in America, the United States, Canada and New- foundland, and in Europe, the British Isles are now withdrawn from Propaganda, and placed under the common law of countries is-ith a hierarchy. The Con- gregation of E.xtraordinary Ecclesiastical Affairs loses all its powers; consequently the countries hitherto subject to it must address themselves either to the Holy Office or to the Congregatio de Disciplina Sacra- mentorum according to the nature of the impediment.

It should be noted that the powers of a Congrega- tion are suspended during the vacancy of the Holy See, except those of the Penitentiaria in foro interna, which, during that time, are even increased. Though suspended, the powers of a Congregation may be used in cases of urgent necessity.

(B) The Diocesan Bishops. — We shall treat first of their fixed perpetual faculties, whether ordinary or delegated, afterwards of their habitual and temporary faculties. By virtue of their ordinary power (see Jurisdiction) bishops can dispense from those pro- hibent impediments of ecclesiastical law which are not reserved to the pope. The reserved impediments of this kind are espousals, the vow of perpetual chas- tity, and vows taken in diocesan religious institutes (see Religious Congreg.\tions), mixta religio, public display and solemn blessing at marriages within for- bidden times, the vetitum, or interdict laid on a mar- riage by the pope, or by the metropohtan in a case of appeal. The bishop may also dispense from diriment impediments after the following manner: —

(a) By tacit consent of the Holy See he can dispense in foro inlertw from secret impediments from which the pope is wont to exercise his power of dispensing, in the three following cases: (1) in marriages already contracted and consummated, when urgent necessity arises (i. e. when the interested parties cannot be sep- arated without scandal or endangering their souls, and There is no time to have recourse to the Holy See or to its delegate) — it is, however, necessary that such mar- riage shall have taken place in lawful form before the Church, and that one of the contracting parties at least shall have been ignorant of the impediment; (2) in marriages about to be contracted and which are called embarrassing (perplexx) cases, i. e. where everything