Article IV. Cessation of Irregularities and Impediments

Certain irregularities, for example that which arises from defect of body (n. 625), and likewise simple impediments, cease when the cause ceases. The irregularity which is from defect of birth ceases either by legitimation or by solemn religious profession (n. 624). But all irregularities and all simple impediments can cease through dispensation; about this more must be said.

I. Power of dispensing. 1. Ordinaries can by themselves or through another dispense their subjects from all irregularities arising from occult delict, excepting that which arises from voluntary homicide or abortion, or another brought to the judicial forum (canon 990, § 1). Now under the name of Ordinaries come both Ordinaries of places and major Superiors of an exempt clerical religion (canon 488, 8°). An irregularity is brought to the judicial forum when the party is either summoned to court or cited, or spontaneously presents himself before the judge (canon 1711).

2. Any confessor can dispense from irregularities arising from delict in more urgent occult cases - excepting, however, voluntary homicide or abortion and others brought to the judicial forum - in which the Ordinary cannot be approached and danger of grave harm or infamy threatens, but only for this purpose, that the penitent may licitly be able to exercise Orders already received (canon 990, § 2). Under the name of confessor comes everyone who enjoys sacramental jurisdiction. But he can dispense those to whom his jurisdiction extends, and this, as is now commonly admitted, even outside confession.

3. By common privilege: 1° Regular Prelates, with respect to their subjects, enjoy the same faculty which belongs to Bishops by common law, according to what was said under 1.¹ 2° Regular confessors possess a similar faculty with respect to seculars (St. Alphonsus, VI, 355; De privilegiis, n. 104).

4. By proper or communicated privilege, Regular Ordinaries can dispense all their own from every irregularity. This power, which is sometimes reserved to the Superior General, is valid only for the internal forum alone, if the irregularity has arisen from voluntary homicide.² Indeed every year, on Monday after the first Sunday of Lent, local Superiors of Regulars, by themselves or through confessors to whom they have committed this, can dispense their subjects, even novices, living within the cloister under obedience, in every irregularity contracted on any occasion or from any cause.³ So Vermeersch-Creusen.⁴

Yet note that, if it is a question of enormous excess or defect, recourse must be had to the Holy See, according to the norm of the ancient law stating: In a general grant there do not "come those things which someone would not likely grant in particular."⁵

Note. The Sacred Consistorial Congregation, in the Decree Redeuntibus, established these things:

"1° To all Ordinaries of places and of religious there is granted the faculty of dispensing from irregularity from defect of body with their priests returning from military service, as often as from the written testimony of the master of ceremonies who has subjected the priest to examination it is plainly established that he can, without another's help, observe with decorum all the necessary rites prescribed in the celebration of Mass; the conscience of the same Ordinaries being burdened concerning this. But in graver or doubtful cases, and as often as it is a question of those not promoted to the priesthood, recourse must be had to the Holy See.

"2° Likewise to all Ordinaries there is granted the faculty of dispensing, at least for precaution, from the irregularity which formerly was called by canonists from defect of mildness, as often as priests, clerics, and students of seminaries or religious institutes have fallen into it not from their own act but from necessity, namely compelled to take up arms and perhaps to inflict death or mutilation. But as often as it is a question of clerics in sacred Orders who, not compelled by necessity of the laws, have offered themselves of their own accord to take up arms, or have taken them up, recourse must be had to the Holy See for dispensation, with the prescription of canon 188, n. 6° remaining firm."⁶

Finally the same Sacred Congregation responded affirmatively to the doubt: "Whether clerics in sacred Orders assigned to the assistance of wounded or sick soldiers, who from this ministry preferred of their own accord to pass over to fighting military service, yet without inflicting death or mutilation, are bound, according to the mind of the Decree Redeuntibus, to obtain a dispensation from the Holy See in order to be restored to the exercise of sacred ministry."⁷

Since it is not clear that a true irregularity is had in the foregoing, a dispensation is not required except for precaution; or, too, the word dispensation can be taken in a broader sense, namely for permission; and this permission is prescribed so that someone who perhaps became unworthy in war may not exercise ecclesiastical functions.

¹ Sixtus IV, Constitution Regimini universalis, August 31, 1474, n. 14; Julius II, Constitution Virtute conspicuos, July 28, 1506, n. 27; Paul III, Constitution Licet debitum, October 18, 1549, n. 27; Gregory XIV, Constitution Illius qui, September 21, 1591, n. 27; Leo XII, Constitution Plura inter, July 11, 1826, n. 2.

² Cf. Pius V, Constitution Dum ad Congregationem, June 13, 1571.

³ Cf. Paul III, Brief Exponi nobis super, March 12, 1545.

⁴ Epitome Iuris Canonici, II, 261.

⁵ Rule 81 in VI; cf. Clement IV, Constitution Virtute conspicuos, July 21, 1265, n. 11.

⁶ October 25, 1918 (A.A.S. 1918, p. 481).

⁷ March 28, 1919 (A.A.S. 1919, p. 177).

II. Petition for dispensation. In prayers for dispensation from irregularities and impediments, all irregularities and impediments must be indicated; indeed, if it is a question of irregularity from voluntary homicide, even the number of delicts must be expressed (canon 991). In the case in which recourse must be had to the Holy See, the prayers should be directed to the Congregation of the Holy Office, if it is a question of irregularities arising from delict against the Faith, against Baptism, against Matrimony, except the single case in which someone not yet a cleric attempted marriage with a woman joined in valid marriage, and against Order, if it is a question of those who have been dismissed by the Holy Office with a canonical penalty or censure and have violated it, or of the impediment of children born of non-Catholics and of neophytes. In other cases the prayers should be directed, for seculars, to the Congregation for the Discipline of the Sacraments; for religious, to the Sacred Congregation of Religious; but for all occult cases recourse can be had to the Sacred Penitentiary.

III. Interpretation of dispensation. 1. A general dispensation is valid - besides for the irregularities and impediments expressed - also for those concealed in good faith, with the exception of irregularity from voluntary homicide or abortion, from cooperation in the aforesaid, and from another brought to the judicial forum; there is also excepted the case in which a number of homicides lower than the number of delicts has been expressed, although in good faith. In this case the dispensation is altogether invalid, or effects nothing, whether it is a question of a general dispensation or of a particular one (canon 991, §§ 1 and 2).

2. A general dispensation for Orders is valid also for major Orders; and the dispensed person can obtain non-consistorial benefices, even with cure of souls,¹ but cannot be nominated Cardinal of the Holy Roman Church, Bishop, Abbot or Prelate nullius, or major Superior in an exempt clerical religion.

¹ Ecclesiastical benefices are called: 1° consistorial, those which are usually conferred in Consistory; the rest non-consistorial; 5° with cure of souls or without cure of souls, according as they have care of souls annexed or not (canon 1411, 1°, 5°).

IV. Manner of dispensing. A dispensation granted in the non-sacramental internal forum is to be committed to writing; and there must be a record of it in the secret book of the Curia (canon 991, § 4). For the rest, it does not matter in what form the dispensation is granted; therefore this or a similar form can be used: I dispense you in the irregularity, or irregularities, which you have contracted for this or that cause (St. Alphonsus, VII, 353).