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
(b) It does not cease, if the grantor invalidly recalls the
dispensation, as when he dispenses from delegated power and his
authority ceases with the act of dispensation. Example: Balbus, a
confessor, dispensed Caius from the law of abstinence, but now wishes
to recall the dispensation. The dispensation remains.
541. A dispensation does not cease on account of the person dispensed
in the following cases:
(a) It does not cease when he leaves the territory of the dispenser, if
the dispensation was personal. Example: A person dispensed from the
general law of fast by indult granted to his diocese cannot use that
dispensation outside the diocese; but if he has a personal
dispensation, he is dispensed everywhere.
(b) It does not cease when the grantee fails to use it, or acts
contrary to it, if there is no renunciation on his part. Examples:
Sempronius has been dispensed from the fast of Lent, but he fasts on
some days. This non-use of the dispensation on some days does not renew
the obligation. Balbus has received a dispensation to marry Sempronia,
but he changes his mind and marries Claudia. This act contrary to the
dispensation does not take away its force, and, if Claudia dies, he
will be free to marry Sempronia.
Art. 6: CIVIL LAW
542. Meaning.--Just as the Church has the right and duty to make laws
which will promote the spiritual welfare of her members, so has the
State the power and obligation to legislate for the temporal happiness
of its citizens: “There is no power but from God and those that are,
are ordained of God. He (the ruler) is God’s minister to thee for good”
(Rom., xiii. 1, 4).
543. Origin.--The authority to make civil laws resides in that person
or body to whom according to the constitution of the State the
legislative function belongs. (a) In an absolute monarchy, the
legislative authority is vested in the prince; (b) in a state that has
an appointed or hereditary aristocracy, the legislative power may be
entrusted, at least in part, to a body of nobles; (c) in a limited
monarchy or republic the lawmaking function belongs to the people, who
exercise it either directly or (as is the case in most modern states)
indirectly through elected representatives.
544. The acceptance of civil law by the people is not necessary for its
obligation, for obedience to higher powers is commanded (Rom., xiii,
5), and, if law has no authority, the common welfare is defeated.
Several points must, however, be noted.
(a) The foregoing principle is to be understood of law in itself, for,
if there is question of the form of government or of him who exercises
the powers of sovereignty, acceptance by the people may be said to be
necessary in the sense that the multitude may set up the particular
system of rule which it prefers, and may designate the individuals who
are to wield authority under the constitution adopted.
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