§ 4. How Irregularity Ceases

1931. Irregularity is removed in four ways:

1. By CESSATION OF THE CAUSE, if it comes, e.g., from defect of age, knowledge, good fame, etc. - Concerning irregularity from defect of good fame it must be noted, that if the infamy is popular, it is removed by amendment; provided this, universally speaking, has lasted for at least three years. If it is of fact, it is removed by change of place; but if it is of law, or contracted through the sentence of a judge, dispensation is altogether required for removing it¹⁵ (cf. n. 1199).

2. By BAPTISM, if the irregularity is from delict, although the delict were homicide; otherwise, if it is from defect, e.g., if it comes from bigamy. But also irregularity from defect of fame is removed by Baptism, namely if it is infamy of fact. But if the infamy is of law, dispensation is required, as was said; although Bonacina holds that this also is removed by Baptism, and the Salmanticenses hold this not improbable.¹⁶

3. By RELIGIOUS PROFESSION, if the irregularity is from defect of birth. But it is removed only to the effect that sacred Orders can be received, not however that prelacies can be obtained, unless dispensation intervenes¹⁷ (cf. n. 2150, q. 2).

4. By DISPENSATION, which can be given by: - 1) THE SUPREME PONTIFF, in every irregularity induced by human law. To obtain a dispensation of this sort, recourse must be had, for the external forum, to the Datary, if the irregularity is public; and for the internal forum, to the S. Penitentiary, if it is occult. 2) THE BISHOP, either by himself, or through his Vicar specially deputed to this, in every irregularity coming from an occult delict, and not brought to the contentious forum; with the exception, however, of directly voluntary homicide. Thus from Trent, cap. Liceat (cf. n. 1280, 2). - Nor can the Bishop dispense in irregularity from defect, except with illegitimates, for minor Orders, or for a simple Benefice, to which sacred Order is not annexed;¹⁸ or with bigamists, in merely similitudinary bigamy, for Orders whether minor or major;¹⁹ or finally if some defect is doubtful. If the Bishop can do anything else, he has it either from special privilege (e.g., from the quinquennial Faculties, in App. I, § I, n. 13); or from ancient custom, only in a case of urgent necessity, according to what was said n. 234, 2. 3) A REGULAR PRELATE, from the privilege of Martin V and Benedict XIII, can dispense, in many cases, with his subjects, as we shall see in the Treatise on the Religious State (n. 2187, 3).

1932. Concerning these things LET IT BE NOTED: 1. In seeking dispensation, all things must be declared which the rules established by the Holy See for this purpose require (cf. n. 236).

2. He who is compelled to seek dispensation of several irregularities must recount them all and individually in his supplicatory libellus. - "If nevertheless someone has contracted several irregularities of the same species, for example if he has ministered several times with a censure, it then suffices for obtaining dispensation, if he says that he has fallen into them several times; indeed (several Authors) teach that it suffices if he says only that he is irregular on account of such fault."²⁰

3. In granting dispensation, no special FORMULA is prescribed; hence, indiscriminately, the following or any other can be used: "I dispense with you in the irregularity which (or in the irregularities which), on account of this or that cause, you have incurred."²¹

4. Absolution from censures and sins can be received, without a dispensation from irregularities being received at the same time; and conversely a dispensation from irregularities can be granted without absolution from censures and sins. But an irregular can never be absolved who with a pertinacious mind wishes to pursue the reception of Orders or the exercise of those already received, before he has obtained the dispensation which the law requires.²²

See more among the Canonists.²³