23 July 2021

Traditiones Custodes and Canon 87

 

I would like to draw readers' attention to the following, which has been extracted from Fr Zulsdorf's blog.


Can. 87 §1. A diocesan bishop, whenever he judges that it contributes to their spiritual good, is able to dispense the faithful from universal and particular disciplinary laws issued for his territory or his subjects by the supreme authority of the Church. He is not able to dispense, however, from procedural or penal laws nor from those whose dispensation is specially reserved to the Apostolic See or some other authority.

§2. If recourse to the Holy See is difficult and, at the same time, there is danger of grave harm in delay, any ordinary is able to dispense from these same laws even if dispensation is reserved to the Holy See, provided that it concerns a dispensation which the Holy See is accustomed to grant under the same circumstances, without prejudice to the prescript of can. 291.

Hence, a diocesan bishop can dispense from disciplinary laws, both universal laws and those particular laws made by the supreme ecclesiastical authority (read: Supreme Pontiff) for his territory and his subjects provided they are not reserved to the Apostolic See or deal with procedure or with penal law.  Since the provisions of TC is disciplinary law, and has not been reserved to the Apostolic See, the diocesan bishop is free to dispense from the norms.

Can. 87, my friends.

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