Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
525. The Pope can dispense as follows: (a) in all ecclesiastical laws
he can grant a dispensation strictly so-called (Canon 81); (b) in
divine laws in which the obligation depends on an act of the human will
(such as the laws of oaths, vows, contracts, etc.), he can grant a
dispensation improperly so-called (see above, 313 sqq., 357), In other
divine laws, he can interpret or declare, but he cannot dispense.
526. The Ordinary can dispense as follows: (a) in the general law of
the Church when he has an explicit or implicit faculty from the Pope or
from the law (Canon 81); (b) in diocesan laws and, in particular cases,
also in laws of provincial and plenary councils, when there is just
reason (Canon 82); (c) in papal laws made for a particular territory,
when faculty has been given explicitly or implicitly, or recourse to
the Holy See is difficult (Canon 82); (d) in all ecclesiastical laws
that are dispensable, when there is doubt of fact (Canon 15).
527. The pastor can dispense as follows: (a) from the general law
concerning feasts of obligation and from the laws of fast and
abstinence. The dispensation can be granted either to his own subjects
or to strangers, but only for a just reason, in individual instances
and for particular individuals or families. The bishop may dispense the
whole diocese, but the pastor cannot dispense the whole parish (Canon
1245). (b) When there is danger of death, the pastor can dispense from
matrimonial impediments as provided in Canon 1044.
528. Religious superiors, local superiors included, can dispense in the
laws and statutes of their own institutes, except where this is
forbidden. In clerical and exempt institutes the superiors can also
dispense the subjects and all who live day and night in the religious
house (such as students, guests and servants) from the general laws of
the Church, as follows:
(a) The higher superiors, such as abbots, generals, provincials, have
the same authority in this respect as the bishop has with reference to
his own diocese. Hence, they can dispense in all ecclesiastical laws
in which the Pope dispenses, when there is doubt of fact, or recourse
to the Holy See is difficult (Canons 15, 81); in case of necessity,
they can dispense from the laws of abstinence individuals, or an entire
convent, or an entire province (Canon 1245, Sec. 2); they can dispense
in irregularities as provided in Canon 990, Sec. 1.
(b) The other superiors, local superiors included, can dispense their
subjects from the laws of fast and abstinence in the same manner as
pastors are able to dispense their parishioners (Canon 1245, Sec. 3),
Religious superiors are also able to dispense the private non-reserved
vows of their subjects (Canons 1313, Sec. 2, 1314).
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