Who can dispense from irregularities

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).

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.

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.