Article — Noldin, Summa of Moral Theology
Article Four. On the Cessation of Irregularity.
161. How irregularity ceases. A contracted irregularity ceases: a. by removal of the cause; b. by religious profession; c. by dispensation.
a. Irregularity properly so called is removed only by dispensation: for irregularity is established by law; but a law in force can be removed only by relaxation of the law, or dispensation. Hence irregularities which are removed otherwise than by dispensation are not irregularities properly so called.
b. There are those who say that irregularity is also removed by baptism. But this manner of speaking seems less apt, because irregularity is induced by ecclesiastical law; therefore, since the not yet baptized are not subject to the power of the Church, before baptism no irregularity is contracted which is removed by baptism. Therefore he who before baptism committed a delict from which irregularity otherwise arises is not irregular once baptism has been received; but he who before baptism labors under a defect which induces irregularity is irregular once baptism has been received, if the defect perseveres after baptism. Thus a bigamist after baptism has been received is irregular, because even as baptized there inheres in him the defect of representing Christ, the one spouse of the Church.
162. 1. By removal of the cause a temporary irregularity ceases; thus irregularity from defect of liberty or reputation ceases when liberty or reputation has been recovered.
- By religious profession irregularity arising from defect of birth ceases, yet in such a way that the illegitimate person becomes capable of receiving orders, but not of prelacies (n. 150).
a. The dispensation which a religious irregular from defect of birth needs in order that he can be promoted to the ordinary prelacies of his order can be granted by the general in a general chapter and by the provincial in a provincial chapter.
b. Not only religious profession, but also dispensation of itself avails only for receiving orders, not also for obtaining dignities and prelacies. Indeed in apostolic rescripts commonly even benefices with care of souls are excepted, for the obtaining of which the dispensed man needs a new dispensation of the Holy See.1
- By dispensation any irregularity properly so called can be removed.
In order that dispensation may be granted licitly, these things are required:
a. The irregular person must manifest the circumstances of his person and the cause from which the irregularity arose.
b. He who has contracted several irregularities must set forth all of them.
c. A just cause for dispensing must be present. The chief cause is constituted both by shortage of priests and by the good morals of the one to be ordained.
d. The one dispensing must impose a salutary penance upon the dispensed person.2
e. A determinate form by which the dispensation is granted is not prescribed. This or a similar one can be used: I dispense with you in the irregularity which you incurred on account of this cause, in the name of the Father and of the Son and of the Holy Spirit. Amen.
Note. A dispensation upon irregularity from defect of birth on account of the heresy of parents, once granted for receiving tonsure and minor orders, avails also for receiving major orders.3
1 Aichner l.c. p. 225.
2 Council of Trent, sess. 24. c. 6. De reform.
3 S. Officium, Dec. 5, 1906.
163. Who can dispense. 1. The supreme pontiff can dispense in every irregularity: for since every irregularity arises from the law of the supreme pontiff, it can also be removed by the same.
a. Nevertheless there are irregularities in which the supreme pontiff is accustomed to dispense very rarely, such as a. irregularity from true bigamy; b. irregularity from voluntary homicide, unless it is so hidden that it cannot be proved in judgment; c. irregularity from defect of body which is very deformed.
b. To obtain this dispensation, recourse must be had to the Congregation on the Discipline of the Sacraments, if the irregularity is public and dispensation is sought for the external forum; but to the Penitentiary, if the irregularity is hidden and dispensation is sought for the internal forum alone.
- Bishops can dispense either by themselves or through their delegate:
a. In all irregularities arising from hidden delict, except irregularity on account of homicide (simply voluntary, from c. Liceat).1
b. In irregularities from similitudinary bigamy relative to sacred orders, and from illegitimate birth relative to minor orders.
c. In irregularities, whether from delict or from defect, which are doubtful, as a precaution; nor must recourse be had to the supreme pontiff if afterward it has been established that the irregularity certainly was present. In a case of urgent necessity, if access to the supreme pontiff is not open, and the irregular person cannot abstain from the reception or exercise of an order without grave inconvenience. Some bishops have still broader faculties from special privilege.
Regular prelates can dispense with their subjects in all irregularities in which bishops can dispense: for they have quasi-episcopal jurisdiction, by force of which they can dispense with their subjects in those matters in which bishops can dispense with their diocesans.2
Regular confessors can dispense all seculars, whether clerics or laymen, from all irregularities arising from hidden delict (except hidden homicide), from which bishops can dispense their own subjects.3 But other confessors have no power concerning irregularities.
1 Council of Trent, sess. 24. c. 6. De reform.
2 St. Pius V granted this power by the constitution Ad immarcescibilem, Feb. 6, 1567.
3 St. Alphonsus l. 7. n. 355. The privilege granted to the Minims by Sixtus IV and confirmed by Julius II is extended also to other regular confessors by communication of privileges (Gasparri I. n. 229). As to the use of this faculty, let each consult the statutes of his own order.