Open main menu

Page:Catholic Encyclopedia, volume 17.djvu/278

This page needs to be proofread.


DI8PBK8ATI0N8 262 DIVINB OHABITY

sufficient, for validity, even when the rescript con- had to the Holy See in connection with all of

tains the words "motu proprio." them; however, if after obtaining the dispensation

iW ""^ ^"w-sT"*^*' ' V«»<n»«:H.CBu«N8. Epitome from the Holy See. one or more impediments from

' which he can dispense are discovered, he may use

TM>«tA«a.4>4i««ia -KM . / t i-i T* -€7 ma \ lus powcr to dispcnsc from it. When a dispensa-

A ^iH5?i!!^' Matwmonul (cf. C E., V-44a).- tion has been grated from a diriment impecQment

^i^hJ^^ ^oliu^r'T^^^^ by ^'^^^^^ PO^er or power deleijated by a general

of the banns of marriage of his subjects for a just indult. thouiA not by a rescript fn n^rtinnU? cn««i

ready bom or c d are thereby leg

is to be celebrated in a third territory*, eithW of Tli8^n^ti^n"f^The imp^ment of consan-

the ordinaries mentioned may dispense When guinity or affinity in any degree, if granted, is

there IS imminent danger of death local ordinanes, valid, even if any error a^ to the degree chanced

m order to secure peace of coMcience of the party to be made in the petition or concession, provided

or parties concerned and to legitimize their off- the real degree is more remote, or even iranother

spring where necessary, should that be necessary, impediment of the same kind in an equal or more

may dispense their OTO subjects in any place and remote degree was not mentioned. A dispensation

all others residing at the moment m their territory granted by the Holy See in case of an unconsum-

from the formahties to be observed m contractmg mated marriage or permission granted to contract

marriage (presence of a pnest and two witnesses), a new marriage on the presumption of the death

and from each and every impediment, public or of a spouse, always contains a dispensation from

occult, whether simple or multiple, of ecclesiastical the impediment of crime due to adultery with a

ongin, except thcwe arising from the priesthood or promise of or attempted marriage, if necessary, but

from affimty m the direct line if the marriage has not from the impediment of crime arising even

l^n consummated; sandal must be avoided, and j^ part from conjugicide. \\Tule an application

if there is question of dispanty of worship or of for a dispensation from public impediments may

mixea religion the usual guarantees must be given, be made Erectly to Rome by the parties concerned.

When a case of this kind anses and it is impossible it is customarily made through the ordinary (the

to go to the ordinary, the same dispensmg power bishop or vicar^eneral) of the place of domicile or

IS enjoyed by the pansh priest or any pnest law- quasi-domicile, of either party,, but usually of the

fully assisting at the inamage: or by the confessor, bride, or of the Catholic party if the impediment

but the latter s power is only for the internal forum affects him directly. Such dispensations when en-

m sacramental confusion. A local ordinary can trusted to the ordinary of the petitioners shall be

dispense from any of the impedimente just men- executed by the ordinary who has given the testi-

tioned if it 18 discovered (that w. m^de kaown to gonial letters or who transmitted the petition to

the pnest or ordinary, Acta A. S., 1921, 178) when the Holy See, even if the parties, at the time when

everything is ready for the marriage and the cere- the dispensation is to be put into effect, have given

inony cannot be def enred until a dispen^tion is ^p their domicile or quasi-domicile and gone into

obtained from the Holy See, without probable dan- another diocese n-ver to return, but he is to notify

ger of grave evil; he is empowered likewise to use the ordinary of the place where the parties wish

these faculties to validate a iMmage already con- to many (Ayrinhac, n. 102).

tracted, if there is the same danger in delay arid Expenses.— Except a small contribution to meet

time does not allow an application to the Holy the chancery expenses in obtaining a dispensation

See. Under the same circurnstances a like power » for one who is not poor, local ordinaries or their

enjoyed by the parish priest, assistant pnest and officials cannot exact any payment for the dis-

confessor, as mentioned above, but only for occult pensation without the express permiasion of the

cases, when it is ^not poMible to reach the local Holy See. Any custom to the contrary is now

ordinary or at least not without dariger of violating reprobated; fonnerly it was customary to levy a

secrecy. The parish or assistant pnest m this case tak approved by bishop of a province; if eccle-

ahould, however, notify the local ordinary at once ^iastics exact anything now in violation of this

about the dispeiisation granted m the external law they are bound to restitution. Whoever dis-

forurn, and the fact should be recorded m the pgnaes in virtue of power delegated to him by the

marnage register. , , ^, . , ^- , Holy See is to make express mention of his pon-

Unless It 18 ordered otherwise by the sacred tifical indult in using it.

pemtentiary a dispensation from an occult impedl- Codex juris canonici, 1843-56 ; Atunhac, Marriage Legiula'

ment granted in the extra-sacramental internal tion, n. 7fi aqq. ; PiraoviTs, The New^ Church Law on Matri-

forum ^ to be recorded in the secret archivea of J-jf: Sf-s!?^"^/^"-^ ^^JlTil wST^: SiJ^. the curia; no other dispensation is necessary for

the external forum, even if the occult impediment Divine Charity, Daughtebb of (cf. C. E..

should ever become public, though another would V-52a). — ^The foundress and first superior general

be required if the dispensation had been granted of this congregation was Mother Franziska Lechner,

only in the sacramental internal forum. As regards who died 14 April, 1894. She was succeeded as

marriage contracted or to be contracted, whoever superior general by Mother M. Ignatia Egger, who

enjo3rs a general indult for dispensing from a given was bom 25 February, 1S44, and entered the order

impediment can, unless the indult explicitly states in 1869. She celebrated the jubilee of her pro-

the contrary, dispense from it when it is multiple, fession in October, 1920, and still performs the

Whoever has a general indult for dispensing from duties of her office, notwithstanding her advanced

several impediments of different kinds, whether age, having been re-elected supenor at the last

diriment or impedient, can dispense from these seneral chapter of the order in July, 1918. Sisters

impediments even if they are public, occurring in Aavier Eg^er, Helcne Banard, Valeria Morvay,

one and the same case (modifying C. E., V-749a). and Ludovika Binder were named assistants sen-

But if an impediment from which he caimot dis- eral. The International Eucharistic Congress, held

pense coexists with one or more over which he has in Vienna in 1912, was solemnly celebrated in the

control in virtue of an indult, recourse must be houses of the Order in Vienna, and in preparatiovi