Diaconate Pastoral Faculties: "Dispense those in danger of death from canonical form?"

[TimothyH]

Regarding pastoral faculties which are granted to deacons, one diocese states in their Permanent Diaconate Directory of Policies and Procedures:

Pastoral Faculty 6: When the local ordinary cannot be reached, to dispense those in danger of death from canonical form and all impediments solely of ecclesiastical law except that of priesthood. (Canon 1079)

What in the world does that mean? Canon 1079 says:

Can. 1079 §1. In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate.

§2. In the same circumstances mentioned in §1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of ⇒ can. 1116, §2 possess the same power of dispensing.

§3. In danger of death a confessor possesses the power of dispensing from occult impediments for the internal forum, whether within or outside the act of sacramental confession.

§4. In the case mentioned in §2, the local ordinary is not considered accessible if he can be reached only through telegraph or telephone

Does this mean that a deacon can tell someone in danger of death that it is OK to marry even though there may be an impediment to marriage. Why would someone in danger of death be seeking marriage?

It all seems rather silly to me, so I’m sure I’m not understaning correctly.

-Tim-

 

[Indyann]

Regarding pastoral faculties which are granted to deacons, one diocese states in their Permanent Diaconate Directory of Policies and Procedures:

Pastoral Faculty 6: When the local ordinary cannot be reached, to dispense those in danger of death from canonical form and all impediments solely of ecclesiastical law except that of priesthood. (Canon 1079)

What in the world does that mean? Canon 1079 says:

Can. 1079 §1. In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate.

§2. In the same circumstances mentioned in §1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of ⇒ can. 1116, §2 possess the same power of dispensing.

§3. In danger of death a confessor possesses the power of dispensing from occult impediments for the internal forum, whether within or outside the act of sacramental confession.

§4. In the case mentioned in §2, the local ordinary is not considered accessible if he can be reached only through telegraph or telephone

Does this mean that a deacon can tell someone in danger of death that it is OK to marry even though there may be an impediment to marriage. Why would someone in danger of death be seeking marriage?

It all seems rather silly to me, so I’m sure I’m not understaning correctly.

-Tim-

It sounds to me that it may be referring to a situation in which a couple may have been living together for any number of years without matrimony. If the partner is not the next of kin, as determined by law, his/her assets could revert to the state. It would seem that even the disposition of any children could be jeopardized. There are probably many other scenarios but that came to mind, immediately.

 

[Friar_David_O.Carm]

Regarding pastoral faculties which are granted to deacons, one diocese states in their Permanent Diaconate Directory of Policies and Procedures:

Pastoral Faculty 6: When the local ordinary cannot be reached, to dispense those in danger of death from canonical form and all impediments solely of ecclesiastical law except that of priesthood. (Canon 1079)

What in the world does that mean? Canon 1079 says:

Can. 1079 §1. In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate.

§2. In the same circumstances mentioned in §1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of ⇒ can. 1116, §2 possess the same power of dispensing.

§3. In danger of death a confessor possesses the power of dispensing from occult impediments for the internal forum, whether within or outside the act of sacramental confession.

§4. In the case mentioned in §2, the local ordinary is not considered accessible if he can be reached only through telegraph or telephone

Does this mean that a deacon can tell someone in danger of death that it is OK to marry even though there may be an impediment to marriage. Why would someone in danger of death be seeking marriage?

It all seems rather silly to me, so I’m sure I’m not understaning correctly.

-Tim-

Have you contacted the chancery of the diocese that says this?

I think that is the only way to know exactly what it is getting at. All you can find here is opinions which I am sure there will be multiple different ones with the possibility that none of them are what the diocese intends.

 

[TimothyH]

Fair enough. Thank you both for your replies.

It seems like a corner case whatever it is, and even then, only in the event that the local ordinary cannot be contacted.

I don’t think it is worth bothering the chancery office as it was just a curiosity.

Thanks.

-Tim-