Removal of Irregularities

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.

2. 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

3. 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.

2. 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.

3. 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

4. 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.

As a general rule irregularities cease only by dispensation granted by the Holy See through the Sacred Congregation on . the Discipline of the Sacraments for the external forum, and through the Sacred Penitentiary for the internal forum.

Ordinaries personally or through another have power to dispense their subjects from all irregularities arising from occult crimes, except from voluntary homicide or the procuring of abortion with effect, and others brought before their judicial forum.

All confessors have the same power in more urgent occult cases in which not even the Ordinary can be approached, and there is danger of serious harm or loss of reputation, but only to enable a penitent to exercise lawfully the Orders which he has already received (Can. 990).

When there is a doubt of fact about an irregularity an Ordinary can dispense if the Holy See is accustomed to dispense in such cases (Can. 15).

The simple impediments cease on the total cessation of the cause or fact from which they arise, and by dispensation.

In the petition for a dispensation from irregularities and simple impediments all the irregularities and impediments in the case should be mentioned. A general dispensation will not avail for those not mentioned in bad faith.

If there is question of a dispensation from voluntary homicide, the number of crimes must be mentioned under pain of invalidity of the dispensation (Can. 991).

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).

1196. 1° Irregularities can cease in a threefold way: (a) by cessation of the cause as regards simple impediments; (b) by religious profession as regards irregularity from defect of birth; (c) by dispensation as regards irregularities and impediments.

1197. 2° Who can dispense? (A) The Supreme Pontiff can dispense in every irregularity. Yet there are certain ones in which he rarely dispenses, namely: (a) irregularities from bigamy, (b) from voluntary homicide, unless it is wholly occult, (c) from a very notable defect of body.

1198. (B) The Ordinary by himself or through another can dispense: 1) in all irregularities arising from occult delict, except that which arises from voluntary homicide, and excepting others brought to the contentious forum²; 2) in doubtful irregularities, with a doubt of law or of fact, whether they arise from delict or from defect; and if afterward it is established that the irregularity was certainly contracted, there will not be need of another dispensation.

² Codex, c. 990.

By delegated power, or by force of Indults, Bishops are accustomed to obtain broader faculties.

1199. From the Codex¹, every confessor can dispense from all irregularities arising from occult delict, except homicide and any irregularity brought to the judicial forum, in more urgent occult cases in which the Ordinary cannot be approached and danger of grave harm or infamy threatens, but only for this, that the penitent may be able licitly to exercise orders already received.

¹ Codex, c. 990, § 2.

1200. On the manner of seeking dispensation. In petitions for dispensation from irregularities and impediments, all irregularities and impediments are to be indicated; otherwise a general dispensation will indeed be valid even for things omitted in good faith (except homicide or another irregularity brought to the judicial forum), but not for things omitted in bad faith. If it is a question of irregularity from voluntary homicide, even the number of delicts must be expressed under penalty of nullity of the dispensation to be granted².

² Codex, c. 991, § 1, 2.

"A dispensation granted in the non-sacramental internal forum is to be committed to writing; and concerning it there must be record in the secret book of the Curia."³

³ Ibid., § 4.

745. From receiving and exercising order the following are simply impeded, from can. 987:

1. "Sons of non-Catholics, as long as the parents remain in their error"; namely, descendants in the first degree (comm. int., July 14, 1922), from non-Catholic parents, namely, heretics or schismatics, even if only one is non-Catholic and although the marriage was contracted with dispensation (comm. int., Oct. 16, 1919). They dispute whether after the death of the non-Catholic parent the impediment remains.

2. "Men having a wife," although separated from her.

3. "Those who hold an office or administration forbidden to clerics (from can. 139) for which they must render accounts, until, the office and administration having been laid down and the accounts rendered, they have become free."

4. "Slaves by servitude properly so called, before accepted liberty."

5. "Those who by civil law are bound to ordinary military service, before they have completed it."

Ordinary military service probably is not that special service to which clerics are sometimes bound exclusively for caring for the sick and wounded, but military service in the proper sense of armed service: not indeed that which is required extraordinarily, perhaps when war has arisen, but that which those first called to military service must render for one or more years, although perhaps they will be called to it but in fact have not yet been called, either because they are unequal in age, or because, after an examination rightly completed, they have been declared temporarily unfit (comm. int., June 2, 1918).

6. "Neophytes until, in the judgment of the Ordinary, they have been sufficiently tested," as the Apostle already warns, I Tim. III, 6: neophytes are those who, converted to the faith in adult age, have recently received Baptism.

7. "Those who labor under infamy of fact, while it endures, in the judgment of the Ordinary," although they are innocent.

613. Who can dispense. a) The Supreme Pontiff can dispense from absolutely all irregularities, and indeed according to the discipline in force through the Sacred Congregation of the Sacraments if public irregularities are in question, but through the Sacred Penitentiary if a dispensation in the internal forum for occult irregularities is in question. Religious clerics, however, must seek dispensations from public irregularities from the Sacred Congregation of Religious.

b) Ordinaries can dispense with their subjects: a) from all doubtful irregularities (whether the doubt is of law or of fact);¹¹⁶ b) from all irregularities arising from an occult delict, except that which arises from voluntary homicide and the procuring of abortion, or another which has been brought into the judicial forum.¹¹⁷ How an irregularity arising from the procuring of abortion can be dispensed from was stated above, II, 144.

c) Major superiors in exempt clerical religious institutes can dispense with their subjects just as bishops can by common law.¹¹⁸ For they are Ordinaries. Special privileges in this matter have been granted to certain religious institutes.

d) Regular confessors can dispense all penitents from those irregularities from which bishops can by common law dispense their subjects.¹¹⁹ This is by privilege, which does not appear to have been abolished by the Code of Canon Law.

e) Confessors by common law cannot dispense from irregularities; nevertheless, in more urgent occult cases, when the Ordinary cannot be approached and danger of grave harm or infamy is imminent, they can dispense as Ordinaries can, but only so that the penitent may licitly exercise orders already received.¹²⁰

Note. Impediments to ordination (concerning which below, n. 623) cease either through a dispensation of the Holy See or in the manner determined for each impediment.

¹¹⁶ Code of Canon Law, c. 15; cf. Gasparri, De s. ordinat., n. 230.

¹¹⁷ Council of Trent, sess. 24, c. 6, De reform.; Code of Canon Law, c. 990, § 1.

¹¹⁸ Cf. St. Pius V, July 21, 1571.

¹¹⁹ Cf. St. Alphonsus, Theol. mor., l. 7, n. 355; Gasparri, loc. cit., n. 229.

¹²⁰ Code of Canon Law, c. 990, § 2.

Concerning Irregularities. §1. It is lawful for Ordinaries by themselves or through another to dispense their subjects from all irregularities arising from an occult delict, except that of which in can. 985, n. 4, or another brought to the judicial forum (Can. 990).

§ 1. It is permitted to Ordinaries, by themselves or through another, to dispense their subjects from all irregularities proceeding from occult delict, except that of which in can. 985, n. 4, or another brought to the judicial forum.

§ 2. The same faculty belongs to any confessor in more urgent occult cases in which the Ordinary cannot be approached and danger threatens of grave damage or infamy, but only for this, that the penitent may licitly be able to exercise orders already received (Can. 990).

Under the name of Ordinaries here come those who are designated in the law, Can. 198, § 1. The faculty itself of dispensing is conceded, not from irregularities from defect, but from all those arisen from occult delict, except the irregularity from voluntary homicide and procurement of abortion with the effect having followed, and an irregularity brought to the judicial forum. In an irregularity from defect, in an irregularity from public delict, in an irregularity from homicide and procurement of abortion with the effect having followed, the Ordinary can do nothing. He can also do nothing in an irregularity brought to the judicial forum. The same faculty belongs to any confessor under certain conditions: the case must be occult and more urgent; recourse to the Ordinary cannot be made; there is danger of infamy or of grave damage. Finally the penitent is dispensed only for the exercise of orders received.

§ 1. In petitions for dispensation from irregularities and impediments, all irregularities and impediments must be indicated; otherwise a general dispensation will indeed be valid also for those withheld in good faith, except those which are excepted in can. 990, § 1, but not for those withheld in bad faith.

§ 2. If there is question of irregularity from voluntary homicide, even the number of delicts must be expressed under penalty of nullity of the dispensation to be conceded.

§ 3. A general dispensation for orders is valid also for major orders; and the dispensed person can obtain non-consistorial benefices, even with cure, but cannot be announced as a Cardinal of the Holy Roman Church, Bishop, Abbot or Prelate nullius, major Superior in an exempt clerical religion.

§ 4. A dispensation conceded in the internal non-sacramental forum is to be committed to writing; and it ought to be established concerning it in the secret book of the curia (Can. 991).

VII. QUESTION IV. Whether irregularity from delict be taken away by Baptism, by religious profession, or by dispensation? ANSWER. Irregularity from delict ceases through Baptism. That it ceases also through religious profession the common opinion affirms. Lastly that it ceases through dispensation all confess. The Supreme Pontiff for a just cause can dispense from any irregularity whatsoever. He who is entangled in several irregularities of diverse species ought in seeking a dispensation to express them all; if they be of the same species, he ought to manifest that he has contracted these irregularities several times.

VIII. Besides the Supreme Pontiff, bishops with their own subjects, and regular Prelates with their own, can dispense from irregularities from an occult delict which has not been brought to the contentious forum, homicide excepted, as the common opinion teaches.

XI. That the Supreme Pontiff can dispense from this irregularity all confess, yet from a most grave and most singular cause, on account of the highest unseemliness which such a delict bears. That bishops cannot absolve from this irregularity Trent established. That regular Prelates can dispense from this irregularity, if the homicide be occult, the Salmanticenses teach, no. 17, pontifical privileges being adduced; but these privileges are to me suspect.