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o granting dispensations for holding two benefices at once, to issuing licences for non-residence, and in matrimonial cases to the issuing of special licences. The dispensing power of bishops in the Church of England survives only in the right to grant marriage licences, i.e. dispensations from the obligation to publish the banns. Though, however, these licences and dispensations are given under the archiepiscopal and episcopal seals, they are actually issued by the commissaries of faculties and vicars-general (chancellors), independently, in virtue of the powers conferred on them by their patents. This has led, since the passing of the Divorce Acts and the Marriage with a Deceased Wife's Sister Act, to a curiously anomalous position, licences for the remarriage of divorced persons having been issued under the bishop's seal, while the bishop himself publicly protested that such marriages were contrary to "the law of God," but that he himself had no power to prevent his chancellor licensing them. See Hinschius, _Kirchenrecht_ (Berlin, 1883), iii. 250, &c.; article "Dispensation" by Hinschius in Herzog-Hauck, _Realencyklopadie_ (Leipzig, 1898); article "Dispensation" in Wetzer and Welte's _Kirchenlexikon_ (2nd ed. Freiburg im Breisgau, 1882-1901); F. Lichtenberger, _Encyclopedie des sciences religieuses_ (Paris, 1878), s.v. "Dispense"; Phillimore, _Eccl. Law_. 2. _Constitutional Law._--The power of dispensation from the operation of the ordinary law in particular cases is, of course, everywhere inherent in the supreme legislative authority, however rarely it may be exercised. Divorce (in Ireland) by act of parliament may be taken as an example which still actually occurs. On the other hand, the dispensing power once vested in the crown in England is now merely of historical interest, though of great importance in the constitutional struggles of the past. This power possessed by the crown of dispensing with the statute law is said to have been copied from the dispensations or non obstante clauses granted by the popes in matters of canon law; the parallel between them is certainly very striking, and there can be no doubt that the principles of the canon law influenced the decisions of the courts in the matter. It was, for instance, very generally laid down that the king could by dispensation make it lawful to do what was _malum prohibitum_ but not to do what was _malum in se_, a principle of the canon law, b
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