175. Defect of Lenity

1. Eulogius, a minorist, in good faith gave medicine to a sick man for his remedy and relief, who nevertheless died from it. Does Eulogius incur irregularity?

R. Negatively. For in the Case none incur irregularity except 1.º clerics constituted in sacred orders and monks; 2.º except by cutting or burning; and 3.º if the sick person dies from the incision or burning. But Eulogius is a minorist and applied no incision or burning in the Case. Therefore he incurs no irregularity, although he is beneficed. St. Alph., l. 7, n. 384, 385; I. M. 1345.

2. Clemens, a soldier, in a defensive war indeed discharged his weapon several times against enemies, of whom many were killed and mutilated. But since he always had to discharge it together with many other fellow soldiers of his, he doubts whether he himself truly killed or mutilated anyone. But now wishing to ascend to sacred orders, he asks whether he himself is irregular.

R. Negatively. "If someone fought in a just war in which some were killed, and doubts whether he himself by himself killed someone, Bon., Leand., and others think that he can judge himself not to be irregular, because when the law says that one doubting about homicide ought to be judged irregular, it speaks of unjust homicide. Therefore in doubt concerning just homicide the condition of the possessor is better." La Croix, l. 7, n. 453. Nevertheless a dispensation can be sought as a precaution.