Article I. On Irregularities from Defect

1021. • Eight species of these are numbered, namely, from defect of: 1. mind; 2. body; 3. birth; 4. age; 5. freedom; 6. Sacrament; 7. lenity; 8. reputation.

These defects, or rather the qualities opposed to them, are expressed in these little verses:

Birth, mind, freedom, body, and age; Not a bigamist, gentle, nor marked by evil fame.

1022. • A threefold defect of mind is assigned, namely, of reason, knowledge, and confirmed faith.

1. Of reason. Hence those perpetually insane, lunatics, the furious, epileptics, and the possessed are irregular, even if they have lucid intervals. Nevertheless, the exercise of Orders already received is permitted to them less reluctantly than the reception of new ones.

2. Of knowledge. Those who do not have the knowledge necessary for the several Orders are irregular, whether they are in fact ignorant or incapable of learning. This is deduced from what was said in the Treatise on the Sacrament of Order and from the Decree, part 1, distinction 36, canon 1.

3. Of confirmed faith. Neophytes recently baptized at an adult age are irregular until they are judged worthy by the Bishop. This is evident from Canon Law. See St. Alphonsus, no. 397 and following.

1023. • This irregularity is incurred on two grounds: 1. if someone is unfit for the exercise of an Order; 2. if he causes notable horror in others or displays something unbecoming.

Hence the following are regarded as irregular:

1. The mutilated, those bearing a wooden leg, and those unable to use a hand, thumb, or index finger.

2. The blind, those altogether lacking sight, or those so dim-sighted that they cannot read in the Missal.

3. The deaf, who hear nothing, so that they cannot at all hear the voice of the server responding.

4. The mute or stammerers, who cannot pronounce whole words, or cannot do so except with great difficulty, such that they provoke the laughter or contempt of those present.

5. The lame, who cannot stand at the altar without a staff.

6. Those lacking a nose, or having one enormously distorted, sunken, or protruding.

7. The monstrous, for example, those having an enormous hump which produces great deformity, etc. See St. Alphonsus, no. 403 and following. See, however, what was said concerning the Eucharist, no. 404, in the Note.

1024. Questions. - QUESTION 1. Is one who lacks one eye irregular?

Reply 1. Negatively, if he lacks only the right eye, because it is less necessary for the celebration of Mass, provided no notable deformity arises from it.

Reply 2. Affirmatively, if he lacks the left eye, which is called the Eye of the Canon, because it is necessary for reading the Canon of the Mass. Except if he can read the Canon with the right eye without deformity. This, however, must be submitted to the judgment of the Bishop. Thus commonly with St. Alphonsus, no. 404.

QUESTION 2. Can one who, already promoted to the Priesthood, has an impaired thumb or index finger celebrate and administer the Eucharist?

Reply 1. It seems that this must be denied absolutely as to the celebration of Mass, at least more probably according to the common opinion. St. Alphonsus, no. 408 and book 6, no. 244.

Reply 2. Negatively also of itself as to the administration of the Eucharist, excepting nevertheless cases of necessity in which he can use other fingers.

1025. • Defect of birth induces irregularity. This is evident from the Decretals, book 1, title 18.

Hence: 1. the illegitimate, even occult, are irregular, or all who were born from fornication, adultery, or incest; 2. those who were born from a clandestine matrimony and within a prohibited degree, even if unknown; 3. but those who were illegitimate at the time of their conception or birth, whose parents were then capable of contracting matrimony and afterward contracted it, are not irregular, because they were legitimated by the subsequent matrimony. See St. Alphonsus, no. 420 and following.

Those illegitimately born from a public but invalid matrimony because of an impediment unknown to at least one party are not irregular. St. Alphonsus, ibid.

QUESTION. How is irregularity from defect of birth removed?

Reply. It is removed: 1. by the subsequent legitimate matrimony of the parents, as was just said; 2. by religious profession; 3. by legitimate dispensation.

1026. • 1. Those who have not attained canonical age are regarded as irregular. But this is not irregularity strictly so called, since it ceases when the required age is completed.

2. Those who knowingly receive Orders before canonical age sin gravely.

A defect of freedom arises from a threefold bond, namely, from the bond of servitude, matrimony, and office. Hence:

1. All who are properly called slaves are irregular until they obtain full freedom.

2. Married men are irregular and cannot receive Orders unless their wife consents, vows chastity, and enters Religion, at least if she is young.

3. Those who by office and oath are involved in secular business, such as judges, magistrates, etc., are irregular ¹. See St. Alphonsus, no. 355 and following.

¹ Except if they have a special dispensation of the Pope for those offices, or if custom, with the Pope's knowledge, permits it. St. Alphonsus, book 7, no. 456.

1027. • By defect of Sacrament in the present case is understood the Sacrament of Matrimony received several times, or bigamy. That bigamists are irregular is evident from Canon Law in the title On Bigamists. The reason of congruity is that in bigamy there is lacking a perfect signification of the union of Christ with the Church, which union is altogether simple and not multiple. This is inferred from the Apostle, 1 Timothy 3:2: A Bishop must be blameless, the husband of one wife.

Bigamy in Canon Law is of three kinds, namely, true bigamy, interpretative bigamy, and similitudinary bigamy.

1. True bigamy exists when someone successively marries several wives and consummates the matrimony with each.

2. Interpretative bigamy is that by which someone is regarded as a bigamist by interpretation of law, although he has married only one wife. Such is: 1. one who marries and has carnal knowledge of a widow who was carnally known by her former husband; 2. one who marries any woman corrupted by another and consummates the matrimony; 3. one who has carnal knowledge of his own wife after adultery committed by her; 4. one who contracts two marriages, one valid and the other invalid, although in good faith. Indeed, even if both marriages were invalid, one who consummated both with marital affection would become irregular. This is proved from various passages of Canon Law.

3. Similitudinary bigamy occurs when someone contracts matrimony after a solemn vow of Religion or after sacred Order has been received, although the matrimony is null. The reason is that he is deservedly considered to have contracted two marriages, the first spiritual with Christ, the second carnal with a woman. This is deduced from the title On Bigamists. See St. Alphonsus, no. 436 and following.

1028. • All who voluntarily, actively, efficaciously, and proximately concur in the death or mutilation of someone, even justly, by an action of its nature ordered to that end, contract irregularity from defect of lenity. See St. Alphonsus, no. 457 and following.

Resolutions. 1. Executioners, judges, and all who cooperate in a judgment of this kind are irregular. Except: 1. compelled witnesses; 2. accusers seeking compensation for their damages.

2. Nevertheless, physicians and surgeons are not irregular, although they amputate limbs or hasten death by remedies given in good faith, unless grave negligence intervenes. St. Alphonsus, no. 385.

3. Nor are Clerics who practice medicine or surgery without incision and cauterization. Indeed, neither are they irregular if they employ incision or cauterization in a case of necessity, for necessity is governed by no law. Indeed, even outside necessity, if the Clerics are not constituted in sacred Orders, provided death or mutilation does not follow. St. Alphonsus, nos. 384, 385.

4. Those who kill an aggressor in just defense are not irregular, because it is not considered a defect of lenity to defend one's own life with due moderation of blameless defense, even with the death of an unjust aggressor.

5. Soldiers do not become irregular in a just defensive war, nor in a just offensive war unless they killed with their own hand; but in an unjust war the whole army becomes irregular even if only one man perishes. St. Alphonsus, no. 474.

1029. • A twofold infamy is distinguished: 1. infamy of fact, which is contracted before any sentence from the notoriety of some enormous crime or through the practice of a dishonorable occupation; 2. infamy of law, which is contracted in a threefold manner, namely, from a crime noted in law, from the sentence of a judge, and from the crime of parents.

1030. Questions. - QUESTION 1. What are the crimes to which infamy is attached by law?

Reply. They are the following: homicide, perjury committed in judgment, simony, sodomy, adultery, the practice of usury, and an attack upon Cardinals or Bishops. Thus from Canon Law. In addition, from Trent, session 24, chapter 6, On Reformation, are added the abduction of women, a duel, and the preparation of arms against parents. Nevertheless, irregularity is not incurred unless these crimes are truly notorious; otherwise reputation is not lacking. See St. Alphonsus, no. 362 and following.

QUESTION 2. Are innocent persons irregular who, because of false testimony, were condemned to infamous penalties?

Reply. Affirmatively, until the sentence has been revoked or they have obtained legitimate dispensation; the reason is that in fact they are infamous.

QUESTION 3. Are the sons of executioners irregular?

Reply. Negatively, properly and of itself; nevertheless, it is fitting that they not be promoted to sacred Orders except in another Diocese, lest disgrace redound upon the Church.

Irregularity from infamy of fact ceases when the infamy itself ceases, without dispensation; it is otherwise if infamy of law is in question. See St. Alphonsus, ibid.