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Papal dispensation is a reserved right of the pope that allows for individuals to be exempted from a specific Canon law. Dispensations are divided into two categories: general, and matrimonial. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one.
Subreption in Catholic Canon law is "a concealment of the pertinent facts in a petition, as for dispensation or favor, that in certain cases nullifies the grant", [3] "the obtainment of a dispensation or gift by concealment of the truth". [2] The terms are also used in the same senses as in Catholic canon law in Scots law. [2]
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota, one of the ordinary tribunals of the Apostolic See.
Papal privileges resembled dispensations, since both involved exceptions to the ordinary operations of the law. But whereas "dispensations exempt[ed] some person or group from legal obligations binding on the rest of the population or class to which they belong," [ 1 ] "[p]rivileges bestowed a positive favour not generally enjoyed by most people."
A very small number are priests recognised by the pope for their service to the Church; as canon law requires them to be generally consecrated as bishops before they are made cardinals, [2] but some are granted a papal dispensation. [a] There are no strict criteria for elevation to the College of Cardinals. Since 1917, a potential cardinal must ...
A recent indult was the one granted in 1984 by Pope John Paul II, Quattuor abhinc annos, which authorised the world's Catholic bishops to permit celebrations of the Tridentine Mass liturgy in their dioceses.
Papal protection often evolved later into exemption from episcopal authority. From the 11th century onward, papal activity in the matter of Church reform has often been the source of exemptions. [ 1 ]
Sometimes, this granting of the temporalities could take some time. Other times, a bishop-elect gained his temporalities even before or without his papal confirmation by an imperial act called "liege indult" (Lehnsindult). The temporalities were often confiscated by secular rulers to punish bishops.