Chapter I. On Irregularities in General

1015. Definition. - Irregularity strictly taken is a canonical impediment prohibiting someone from being enrolled among the Clergy, ascending to a higher Order, or exercising the functions of an Order received.

Hence irregularity differs from censures, and especially from deposition and degradation, principally in this respect: deposition and degradation always presuppose fault and have the character of a penalty; but irregularity does not always presuppose fault, and if it is sometimes imposed by way of penalty, this is done only secondarily, not for punishing the guilty person, but for guarding against unbecomingness in the sacred ministry.

1016. Division. - A manifold irregularity is distinguished:

1. Irregularity from defect or from delict, insofar as it arises from certain defects expressed in law, or is contracted from certain delicts determined in law.

2. Total or partial irregularity, insofar as it excludes one from every Order, from the use of an Order, and from every ecclesiastical Benefice, or excludes one only from receiving some Order, but not from the use of those already received.

3. Perpetual or temporary irregularity, insofar as of itself it always endures unless removed by dispensation or by other ways to be determined below; or it endures only for some time and afterward ceases without any dispensation. Thus irregularity from defect of age vanishes when the time required for Orders has been completed.

1017. Principles. - I. No irregularity is ever incurred unless it is expressed in Canon Law. Hence: 1. irregularity from a man is not admitted; 2. irregularity is incurred by the fact itself before any sentence of a judge, and even because of an occult defect or crime. From chapter Is qui 18, On the Sentence of Excommunication, in the Sixth.

II. Irregularity from defect is always incurred while the defect remains, because it does not have the character of a penalty but only that of an impediment. But irregularity from delict is not incurred without fault, and indeed grave fault, because although the end of irregularity is neither to punish nor to correct the guilty, nevertheless it is not contracted except by reason of a properly voluntary and truly grave delict. St. Alphonsus, no. 348.

1018. Questions. - QUESTION 1. For incurring irregularity FROM DELICT, besides knowledge of the divine law, is knowledge of the prohibiting ecclesiastical law required?

Reply. Affirmatively, more probably. The reason is that this irregularity has the character of a penalty. St. Alphonsus, no. 350, calls this opinion the more probable and most common. Except homicide, however, because of the particular unbecomingness which it induces. St. Alphonsus, ibid.

QUESTION 2. Is knowledge of the penalty, or of the irregularity, also required?

Reply. There are two probable opinions.

FIRST OPINION. It denies this, because irregularity is not a medicinal penalty, but an incapacity, or a merely punitive penalty. Thus Lacroix, Elbel, etc.

SECOND OPINION. It affirms this. The reason is that irregularity from delict is considered a true and indeed extraordinary penalty, imposed in vindication of a crime, although its primary effect is to constitute incapacity. Now, where so great a penalty is inflicted, the Church is not considered to proceed with such rigor that it is incurred by one who is ignorant of it. This opinion seems sufficiently probable, says St. Alphonsus, no. 351.

QUESTION 3. Are you considered irregular when it is doubtful whether you have incurred irregularity?

Reply 1. Negatively in a doubt of law, or in a doubt whether such a case is subject to a law establishing irregularity. Thus nearly all Theologians. The reason is that, where doubt is present, this irregularity is not certainly expressed in law. Therefore, etc. Besides, odious things are to be restricted. St. Alphonsus, no. 346.

Reply 2. In a doubt of fact, distinguish: either there is a doubt concerning a homicide committed ¹, or concerning another delict. If the former, more probably and more truly you have incurred irregularity because of the special unbecomingness found in homicide, as is gathered from law. If the latter, more probably and more truly you have not incurred it, because in doubt no one is to be condemned. St. Alphonsus, no. 347.

¹ These words of the Author, Either there is a doubt concerning a homicide committed, are indeed somewhat obscure. You will obtain their meaning more clearly from St. Alphonsus, book 7, no. 347, doubt 3, whom the Author himself cites. Thus the Holy Doctor: This proceeds in the case in which someone is certain of the homicide, as is supposed in the aforesaid texts, but doubts only whether he himself by his action was the cause of it. Therefore the Author's words, Either there is a doubt concerning a homicide committed, are not to be understood of a doubt whether, for example, the one who was wounded has actually died, but of a doubt whether you were the cause of the death which in fact followed. Hence the VV. could properly have noted this passage of Father Gury as obscure, but not properly have presented it, page 948, no. 163, as dissenting from the doctrine of St. Alphonsus.

1019. • QUESTION 4. Is irregularity incurred because of a crime which is indeed external and consummated, but altogether occult?

Reply. Affirmatively, more truly, says St. Alphonsus, no. 349. The reason is that the Church, in reserving crimes, reserves even the most occult, provided they are subject to her jurisdiction, namely, provided they are external, just as she imposed excommunication for altogether occult heresy, etc. This is proved also from chapter 6, Liceat, in Trent, session 24, where the Council grants Bishops the faculty of dispensing from and absolving occult irregularities and censures.

QUESTION 5. How is irregularity removed?

Reply. It is removed in the following ways:

1. By dispensation: 1. of the Pope in every case, provided there is not an impediment of natural law, or one which renders the exercise of sacred Order impossible; 2. of the Bishop and of Regular Superiors, if the irregularity arises from an occult delict, except homicide; 3. of any delegate according to the faculty received, as was said concerning absolution from censures, no. 951.

2. By cessation of the cause, for example, upon attaining the age required, if the irregularity arises from defect of age; likewise by change of domicile or place, or by amendment, if it arises from infamy. For infamy of law, however, a dispensation is required. See St. Alphonsus, no. 352 and following.

1020. • QUESTION 6. How is dispensation from irregularity made?

Reply. No form is found prescribed in law; hence no determinate form necessarily must be employed. It can, however, be made by the following formula or another equivalent: I dispense you from the irregularity which you incurred because of... such a cause, in the name of the Father, etc.; or, By the authority granted to me by the Holy Father or by the Bishop, I dispense you, etc., and I render you capable and restore you to the exercise of your Orders and offices, in the name of the Father, etc.