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 FACULTIES

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FACULTIES

of using faculties possessed. It might be noted that the Apostolic Delegate at Washington, in common with the bishops of the United States, has possessed the Propaganda Forms I, C, D, and E, together with some others, applicable of course throughout the United States. His Excellency, aside from territorial extension, possesses no greater powers in regard to matrimonial dispensations than these diocesan bishops.

A bishop cannot dispense without a special faculty, when two or more matrimonial impediments, diriment or otherwise, exist in the same case, or affect the same persons, though by reason of indults he can dispense separately in each of the impediments involved. Tiiis restriction, however, holds good only when the impedi- ments in question are generically different, e. g. con- sanguinity and affinity, or where the power to dis- pense is given in different indults. The special fac- ulty covering the cumulation of matrimonial impedi- ments is usually granted with the renewal of faculties and is effective during the duration of the same. The form of this special faculty is not always identical, greater or more restricted powers being contained therein. Moreover, a bishop cannot employ this fac- ulty when he is granting by virtue of an indult a retro- active dispensation to render a marriage valid {sana- tio in radice). This question of cumulation affects dispensations only, not absolutions: a dispensation in- flicts a wound on the law, not so an absolution. It is necessary for validity that the concession of a favour be made known to the one benefited; and it ought to be applied in such manner that its execution may be established. As faculties depend upon the will of the grantor, the terms of the indult must be carefully studied, and obscure passages rightly interpreted. In this matter the general rules for the interpretation of law are to be observed with some additional ones. Hence in the use of faculties it must be noted whether power to dispense is granted for matrimonial alliances already contracted, or not yet contracted, or for both. A faculty granted for the internal forum only, par- ticularly if j urisdictional, cannot be used in the external forum, and vice versa. Faculties are not to be extended to persons or cases not included in the same. The ex- isting practice, especially of the Roman Curia {stylus curice Romance), will serve as a guide in this matter.

Faculties expire by the death of the graptor, his re- moval from office or loss of jurisdiction (certain dis- tinctions, however, are to be borne in mind, as below) ; by the death of the privileged one; by lapse of time, when they are granted for a definite period ; when they have been used for the number of cases specified in the grant; by revocation; by renunciation duly accepted; by the completion of the business for which one has received special authorization; by cessation of the formal cause on which the favour was based. Facul- ties granted absolutely (not revocable at will) by one possessing ordinary jurisdiction, and gratia: facta: (i. e., the delegate is a necessary executor), do not expire at the death of the grantor; gratice jaciendce (i. e. the dele- gate is a voluntary executor, viz. commissioned to act, if he judge it expedient) cease at the death of the grantor, when no steps have as yet been taken learling to the concession requested (re adhtic intcgrA); other- wise they do not cease. Faculties granted by one en- joying delegated power cease at the death of the one delegating, unless the Holy See expressly provides for their continuance, or unless the matter in question has already been begun (re non integrd). The power given personally to a delegate, or subdelegate, expires at his death, which is not the case if he is chosen by reason of his dignity or office. When it is stated that facul- ties are " revocable at our will or judgment", they ex- pire with the death of the grantor; when given in the name of the Holy See, a diocese, etc., they continue in force after the death of the pope, bishop, etc. In- dults conse(juently found in the Propaganda forms or other general grants as aljove, since they are gratiit

jactce, do not become ineffective at the death of the pope: the same is true of the faculties conceded by the Sacred Poenitentiaria, when the prefect of that tribunal loses his jurisdiction through death or other cause. Jurisdiction granted by a bishop to hear the confes- sion of an individual ceases, re adhuc integrd, when the bishop dies, is transferred, or resigns: the contrary is true, when jurisdiction is given to hear confessions in general. Notwithstanding the revocation of facul- ties, a case already begun may be completed ; and by a general revocation of faculties special faculties do not expire. Neglect to use a favour does not destroy its force, as for example, a person dispensed from fasting or the recitation of the Holy Office does not lose the grace, if he meanwhile fast or recite the Office, even for a considerable time.

All special faculties granted \\a!b\t\xa\\y ihahitualiter), by the Holy See to bishops and others enjoying ordi- nary jurisdiction within definite territorial limits, re- main in force notwithstanding the loss of jurisdiction through death or other cause of the individual to whom they are granted (Cong. Holy Office, 2-1 Nov., 1S97), but pass on to his successor in the same office. They are considered not personal but real favours, granted to the ordinary of the diocese or place, and by the or- dinary are understood bishops, their vicars-general, vicars Apostohc, prelates or prefects Apostolic ruling over territory not subject to a bishop, vicars capitular or other legitimate administrators of vacant sees (Cong. Holy Office, 20 Feb., 18SS) . It is to be noted that since these indults are granted to the ordinary, under which appellation is included the vicar-general of a diocese, said vicar-general uses these faculties, grants dispensa- tions and other graces contained therein, by virtue of authority received directly from Rome, equivalent to that extended to the bishop himself. The bishop may forbid the exercise of these powers, but notwithstand- ing the proliibition, the vicar-general would act validly, were he to use said faculties, provided nothing else were wanting to render his action invalid. (See Juris- diction; Delegation; Rescripts; Executor, Apos- tolic; DiSPENS.iTION.)

Taunton, The Law of the Church (London, 1906); Konings- PtiTZEH, Commcntarium in Facultates Aposlolicas (New York,

1900). Andrew B. Meehan.

Faculties of the Soul. — I. Meaning. — Whatever doctrine one may hold concerning the natiu^e of the human soul and its relations to the organism, the four following points are beyond the possibility of doubt. (1) Consciousness is the scene of incessant change; its processes appear, now in one sequence, now in another; and, normally, the duration of each is brief. (2) All do not present the same general features, nor affect consciousness in the same manner. They differ on account both of their characters as manifested in con- sciousness, and of the organ, either external or inter- nal, on which their appearance depends. Yet the featvires they have in common under this twofold aspect, together with their differences, make it possi- ble and necessary to group mental states in certain more or less comprehensive classes. (3) There is more in the mind than is actually manifested in con- sciousness ; there are latent images, ideas, and feelings, which under given conditions emerge and are recog- nized even after a considerable interval of time. By reason of their innate or acquired aptitudes, minds differ in capacity or power. Hence, even if it were possible for two minds to experience processes per- fectly similar, they would nevertheless differ greatly because one is capable of experiences impossible to the other. (4) Notwithstaiidingtheirvariety and their in- termittent character, these processes belong to one and the same conscious subject; they are all referred naturally and spontaneously to the self or me.

The.se facts are the psychological basis for admitting faculties (from jaccre, to do), capacities (capax, from capere, to hold), or powers (from posse, to be able;