CHAPTER I: ON IRREGULARITIES IN GENERAL

1754. Definition. - Irregularity, strictly taken, is a canonical impediment prohibiting someone from being enrolled in the Clergy, or ascending to a higher Order, or exercising the functions of an Order received.

It is said: 1° an impediment. Hence irregularity differs from censures, from deposition, and from degradation especially under this head, because censures, deposition, and degradation always suppose fault and have the character of a penalty; but irregularity does not always suppose fault, and, if sometimes it is imposed by way of penalty, this is done only secondarily, and not for punishing the guilty party, but for guarding against indecency in the Sacred Ministry.

It is said: 2° canonical. See n. 1756.

It is said: 3° prohibiting; for irregularities, as constituted by the authority of the Church alone, do not impede the reception or exercise of Orders as regards validity. Hence an irregular priest, although illicitly, nevertheless validly absolves, etc.¹

It is said: 4° from being enrolled in the Clergy, although only through Tonsure.²

It is said: 5° or the functions of an Order received. Wherefore those things are not forbidden which can be done by laymen or without Order, as to sing in Church; to receive the Sacraments, if you except Order; to confer benefices; to assist at Matrimony; to dispense in vows; to absolve from censures, etc.³

1755. Division. - Irregularity is distinguished in many ways:

1° Irregularity from defect or from delict, according as it arises from certain defects expressed in Law, or is contracted from certain delicts determined in Law.

2° Total or partial irregularity, according as it excludes from every Order (even from Tonsure), and from the use of the Order, and - indirectly and consequently - from every ecclesiastical benefice, or only bars from some one of these.

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

1756. Principles. - I. No irregularity is ever incurred, unless it has been expressed in Canon Law, i.e., in a decree of the Pope or of a Council approved by the Pope.¹ Hence: 1° irregularity ab homine is not admitted; 2° irregularity is incurred ipso facto before every sentence of a judge, and even on account of an occult defect or crime;² 3° arguments from parity, or even a fortiori, do not avail in this matter;³ 4° custom cannot introduce it; custom, however, as the best interpreter of laws, can confirm it in doubt whether it is expressed in Law, provided the common sense of the Doctors is added.⁴

II. Irregularity from defect is always incurred while the defect remains; because it does not have the character of a penalty, but the character of a mere impediment. But irregularity from delict is not incurred without fault, and indeed grave fault, because, although the end of irregularity is not to punish or correct the guilty, nevertheless it is not contracted except by reason of a properly voluntary and truly grave delict. Besides, the fact to which an irregularity from delict is annexed must be external and consummated in its own kind; likewise committed after the seventh year of age.¹

1757. Questions. - Quaer. 1° Whether for incurring irregularity from delict, besides knowledge of the divine law, knowledge of the ecclesiastical law prohibiting it is required?

Resp. It is more probable and very common that it is. The reason is that this irregularity has the character of a penalty.² Nevertheless except homicide, on account of the particular indecency which it induces.³

Quaer. 2° Whether knowledge of the penalty, or of the irregularity, is also required, if there is question of delict?

Resp. There is a twofold probable opinion.

The first, very probable, denies, because irregularity is not a medicinal penalty, but an inability, or a merely punitive penalty.

The second, sufficiently probable, affirms. The reason is that irregularity from delict is judged a true penalty, and indeed an extraordinary one, imposed in vindication of a crime, although its primary effect is to constitute an inability. Moreover, where so great a penalty is inflicted, the Church is not judged to proceed with such rigor that it is incurred by him who is ignorant of it.⁴

Quaer. 3° Whether you are judged irregular in doubt whether you have incurred irregularity?

Resp. 1° No, in doubt of law, or in doubt whether such a case is subject to a law establishing irregularity. Thus almost 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.⁵

Resp. 2° In doubt of fact, distinguish: either there is doubt concerning homicide, or concerning another delict. If the former, more truly you have incurred irregularity, on account of the special indecency which is found in homicide, as is gathered from Law. Yet this does not hold concerning doubt whether homicide followed (e.g., abortion), but concerning doubt whether, when it truly followed, it followed from a cause certainly posited and of itself death-dealing; for then from things commonly occurring it must be presumed that death followed from such a cause, and not from another. Moreover, an irregularity of this kind produces only two effects, namely the obligation of abstaining from celebration and of seeking dispensation, and therefore it holds Clerics only, not laymen. - If the latter, more truly you have not incurred it, because in doubt no one is to be condemned.¹

Quaer. 4° Whether irregularity is incurred on account of a crime that is indeed external and consummated, but altogether occult?

Resp. More truly yes, says St. Alph.² The reason is that the Church, by reserving crimes, reserves even the most occult, provided they are subject to her jurisdiction, namely provided they are external, just as she imposed excommunication on entirely occult heresy, etc. It is proved further from cap. Liceat,³ where a faculty is furnished to Bishops of absolving from occult irregularities and censures.

Quaer. 5° How is irregularity removed?

Resp. It is removed in the following modes:

1° By dispensation: 1) of the Pope in every case, provided there is not present an impediment of natural law, or one which renders the exercise of Sacred Order impossible; 2) of Bishops and Regulars, if the irregularity comes from an occult delict, except directly voluntary homicide,⁴ but heresy is not excepted.⁵ But occult here comes in the same sense in which it is taken in impediments of Matrimony⁶ (n. 1564). Bishops, however, can use this faculty only toward their own subjects; nevertheless it does not matter whether these or even they are present in the diocese.⁷ For the other faculties of Bishops concerning irregularities, see n. 1144. I. 2° and 8°; 3) of any delegate according to the character of the faculty received. Faculties delegated to our Bishops, see p. LXX. n. 2, and p. LXXII. n. 3; but for Regular Prelates, as regards their own subjects, n. 1195. C). 5°.

2° Ordinarily by the cessation of the cause, e.g., when the required age arrives, if the irregularity comes from defect of age; likewise by change of domicile or of place, or by amendment, if it arises from infamy. Yet for infamy of law dispensation is required.¹ - I said: ordinarily; for in this way irregularity from delict does not cease, nor any whatever from defect, as for example from defect of lenity, of Sacrament, etc.²

3° Through the reception of Baptism irregularity from delict and from infamy of fact ceases.³ Whether also from infamy of law? See n. 1767. q. 2°.

4° Through religious Profession irregularity from defect of birth ceases, but only for receiving Orders, not, however, as regards dignities and prelacies.⁴

Quaer. 6° How is dispensation from irregularity made?

Resp. No form is found prescribed in Law; hence no determinate form must necessarily be employed. But it can be made by the following brief formula, or another equivalent one: "I dispense with you concerning the irregularity which you have incurred on account 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 with you," etc., "and I render and restore you able" for the execution of Orders, and of your offices, in the name of the Father," etc.; or, if he has no Order: "I render you able to receive all Orders." - Cf. Rit. Rom. de Sacr. Pen. tit. ult.