§ 1. On Irregularities From Defect

1933. These come from defect 1. of soul, 2. of body, 3. of birth, 4. of age, 5. of Sacrament, 6. of good fame, 7. of liberty, 8. of mildness.

I. From defect of SOUL the following are irregular:

1. Those who at times lack the use of reason: as the demented, lunatics, the insane, epileptics, and energumens; although they have lucid intervals. Nevertheless, the exercise of Orders already received is more easily permitted than the reception of new ones. Thus, e.g., a priest who rarely, say once in a month, is seized by epilepsy, can celebrate privately and with a fasting priest joined to him, provided he is not accustomed suddenly to fall to the ground, nor to foam, nor to cry out. And this same thing must be said concerning energumens and lunatics.¹

2. Those who lack necessary knowledge, either actually, because they are illiterate and lacking that erudition which the Order to be received requires; or radically, on account of weakness of mind, which prevents them from being imbued with sufficient doctrine. - This irregularity is not only of human law, but also of divine law, which evidently teaches that the office is to be denied to those by whom it cannot be sustained² (see n. 1914).

3. Those who lack sufficiently proved faith, that is, neophytes or those recently baptized in adult age. For those who have scarcely been made disciples would incongruously be constituted masters of the faith, as the Apostle intimates (1 Tim. 3:6). Therefore they remain irregular, until they are judged suitable by the Bishop. Toletus thinks that after ten years from conversion they are no longer irregular.³

1934. II. From defect of BODY those are held irregular who, on account of a bodily vice, either are incapable for the exercise of Order, or bear before themselves notable indecency and bring horror upon others.

1. FROM THE FIRST head the following are irregular: 1) The blind, totally lacking sight: likewise, those lacking the canonical eye, i.e., the left eye, unless with the right eye, without deformity, they can read the Canon: which is to be subjected to the judgment of the Bishop. But the blind, already initiated in the priesthood, can be dispensed by the Pontiff for celebrating, if it is established that they do not err in celebration, and if they also have an assisting priest.⁴ 2) The deaf, who do not hear at all. If nevertheless deafness supervenes on a priest, celebration of Mass is permitted to him, since defects are more easily tolerated in one already promoted. - 3) The mute, who cannot speak, or only with great difficulty. But those who stammer, or lack teeth, are not irregular, unless they move the laughter or contempt of those standing by: which rarely happens.⁵ - 4) The lame, who cannot stand without a staff, or who use a wooden foot. But the lame who do not need a staff, or who have only distorted legs, are not irregular, and can be ordained, unless there is in them great deformity, which cannot be covered. - And after Ordination, if the defect is slight, and in some way the indecency can be repaired, celebration can be permitted by the judgment of the Bishop.⁶ - 5) Those lacking a hand, or all fingers, or the three posterior fingers, or the thumb.⁷ One lacking the index finger can obtain dispensation.⁸ 6) All who habitually labor under such a disease that they cannot celebrate without proximate danger of fainting, or of notably erring: of this sort are those who have hands so tremulous that there is danger of spilling the Blood; likewise, those who suffer so great a cough that danger is present in receiving Communion; likewise, abstainers who so abhor wine that, although they take little, they incur the danger of vomiting. With these, not even the Pope can dispense.⁹

2. FROM THE SECOND head the following are irregular: 1) Those lacking a nose, or some bodily member, so that they move laughter or horror. 2) Lepers, or those who have the face deformly marked by disease. (If they have already been ordained, scandal being removed, they can celebrate privately.) 3) Monstrous persons: such as the enormously or deformly hunchbacked are commonly held to be; pygmies and giants, of whom the former move laughter, the latter a certain terror; Ethiopians, who in our regions would excite a certain horror if they habitually exercised the ministry; hermaphrodites, i.e., individuals who are of doubtful sex; and, although the male sex prevails in them, if their defect is known.¹⁰

Concerning defects of body it must be NOTED: 1. In doubt whether a defect induces irregularity, the matter is to be remitted to the Bishop, who can pronounce; and, if the vice seems slight, he can also dispense from custom. 2. If the defect supervenes before the reception of Order, it induces irregularity absolutely, not only for that Order whose exercise it impedes, but also for all other Orders. For since all refer themselves to the Priesthood, it follows that one excluded from the Priesthood is also excluded from the other Orders. - 3. But if the defect supervenes when Orders have already been received, a priest is not impeded from the acts of that Order which he can exercise without indecency: e.g., a blind or lame priest can hear confessions, sing the Gospel, etc.¹¹

1935. III. From defect of BIRTH all illegitimate sons are irregular, even occult ones. And this has been established by the Church, both on account of danger of incontinence from paternal imitation, and on account of hatred of the paternal crime, and so that the memory of paternal incontinence may be kept very far away from places consecrated to God.¹² Moreover, here illegitimates are reputed to be not only those who were born from fornication, incest, or adultery, but also those born from a marriage which, the proclamations having been omitted without dispensation, was celebrated with a diriment impediment, although unknown to the spouses.¹³

Nor indeed are irregular: 1. Those illegitimately born from a public marriage, but one invalid on account of an occult impediment, unknown at least to one party.¹⁴ - 2. Those born from infidels, whose marriage was valid according to nature, although invalid according to canon law.¹⁵ - 3. Exposed children, concerning whose parents there is no certainty.¹⁶

In doubt concerning the legitimacy of birth, no one is judged irregular. - Hence the S. C. of the Council, June 27, 1857, responded that a certain man did not need dispensation, who appeared to have arisen from a legitimate marriage both from the parish books and from the civil state, although a grave doubt concerning his legitimacy was pressing, because public fame, and his parents themselves, affirmed that he was adulterine, that is, born from a free father and a married mother.¹⁷

Irregularity from defect of birth IS REMOVED: 1. By legitimation, which is made either through a Rescript of the Pontiff, in every case and as to all effects of legitimation for the forum of the Church; or through the subsequent marriage of the parents, provided at the time of conception (or at least of birth, according to a very probable opinion) they could validly have contracted, and it is not a question of elevation to the Cardinalate. 2. By religious profession; and 3. by legitimate dispensation, namely of the Pontiff for sacred Orders and Dignities; of the Bishop for minor Orders and a simple Benefice; as was said n. 1931, 3 and 4.¹⁸

1936. IV. From defect of AGE, those are held irregular who have not reached the canonical age for the individual Orders (cf. n. 1918). Those who knowingly receive an Order before the canonical age sin gravely; but today, from the Constitution Apostolicae Sedis, they no longer incur suspension, and therefore, if they exercise the Order, they do not incur another irregularity.¹⁹

1937. V. From defect of SACRAMENT, or from BIGAMY, irregularity arises, as is established from the title De bigamis, and is inferred from the words of the Apostle (1 Tim. 3:2): "A Bishop ought to be the husband of one wife." They assign as reason, that he who has married two wives cannot aptly signify the union of Christ with the Church, His one spouse.²⁰ - A threefold bigamy is DISTINGUISHED: true, similitudinary, and interpretative.

1. TRUE bigamy exists in him who has contracted valid marriage with two successively, and in each case has consummated it (cf. n. 2027).

2. SIMILITUDINARY bigamy exists in him who, after the emission of a solemn vow, whether of Religion or of sacred Order, has contracted and consummated marriage (although null, or even only civil). The reason is, because such a one, by the fiction of law, is judged to have contracted two marriages, one spiritual, the other carnal. But this irregularity seems to be from delict, and it matters nothing whether he contracted with a corrupted woman or with a virgin (cf. n. 1348).

3. INTERPRETATIVE bigamy exists in him who, by a certain interpretation of law, is judged to have had two wives, although in reality he has not had them.²¹ This happens in four ways: 1) when someone has married and known a widow already known by her former husband, even if he married invalidly; - 2) when he has married and known a woman corrupted by another or a fornicator, even if he believed her to be a virgin, and although he contracted invalidly; - 3) when he has known his own wife after her adultery, although occult, or extorted, or unknown, because then he is judged as if he had married a corrupted woman; - 4) when he has contracted and consummated two invalid marriages, or one valid and another invalid: for then there is present an affection toward two marriages, at least outwardly entered. - Nor in all these things does good faith exempt from the law; for the present irregularity, according to the more common opinion, does not come from delict, but from defect of the signification of the Sacrament.²²

St. Alphonsus denies that one is irregular who has married a woman previously corrupted by himself.²³ - But neither is the layman irregular who has entered marriage with a nun, even solemnly professed; and the reason is, because the laws speak only of one contracting after his own vow.²⁴ Nor similarly do betrothals with several induce irregularity, even if copulation followed; nor fornication, nor adultery, nor ratified marriage with several. - See more among the Canonists.²⁵

1938. VI. From defect of GOOD FAME irregularity is contracted, according to that saying of the law: "Let not the gates of dignities lie open to the infamous." Likewise from can. Infames, caus. 6, q. 1. - A twofold infamy is distinguished, namely of law and of fact.

Infamy of law is contracted in two ways: 1. from juridical confession of an enormous crime, which either ecclesiastical law or civil law has marked with infamy; 2. from a judge's sentence, whether declaratory of the crime or condemning to infamous penalties, e.g., to the galleys, although the sentence issued had rested on false testimonies. And this irregularity indeed impedes both the reception and the exercise of Order, until dispensation is granted in it, or until fame is restored to the guilty one through another sentence.

Infamy of fact is contracted before every sentence: 1. From the notoriety of some enormous crime, which has become known to the greater part of the neighborhood or college (where there are at least ten), so that it can now be concealed by no evasion; 2. from certain notorious and enormous crimes of parents. - This irregularity altogether impedes the reception of sacred Order; but as to the exercise of Order, the Bishop can dispense in it, if the crimes are less than adultery, and the guilty one has done penance. It is also removed through Baptism and through notorious amendment, e.g., of three years (cf. n. 1931).²⁶

IT IS ASKED. What are the CRIMES to which infamy is annexed by law?

Resp. They are the following: "Homicide, perjury made in judgment, heresy, simony, the crime of lese-majesty, sodomy, adultery, pandering (base gain from the adultery of one's wife), treason, robbery, the exercise of usury, invasion of Cardinals or Bishops. Likewise, abduction of women, or cooperation in it, duel, preparation of arms against parents, etc. Likewise, the exercise of an actor with base representations;"²⁷ and other notorious crimes which, the circumstances being attended to, render a man of vile and abject estimation among the pious and prudent.²⁸ But the crimes of parents, whose infamy redounds upon children born after the delict, are the crime of lese-majesty, the prostitution of the mother, and notorious heresy, concerning which see nn. 1945 and 442.

1939. VII. From defect of LIBERTY, the following are declared irregular in various chapters of Law:

1. Slaves properly so called, or bondsmen, until they obtain full liberty.²⁹

2. Married men, on account of the bond of marriage. Nevertheless, a man can be ordained: 1) if on account of the wife's adultery a juridical divorce has been made; for in this case, he has been withdrawn from her right in perpetuity; 2) if the wife expressly and freely consents, and at the same time vows perpetual chastity. Indeed, the wife is altogether bound to enter Religion: 1) if the husband is assumed to the Episcopate; 2) if he becomes a Religious, and she is young.³⁰

3. Courtiers, or those who by obligation of oath or stipend serve the Courts of Princes: such as Judges, Advocates, soldiers, etc., as long as they discharge such office. - Except, if they have obtained at least tacit license from the Pontiff or from custom: as are certain clerics, occupied in the courts of princes in civil causes, not however criminal causes.³¹

4. Those bound to render accounts; as public treasurers, depositaries, magistrates, etc.: all of whom cannot be ordained unless their accounts have been rendered and their office laid down. - Nevertheless, administrators of pious places are not to be numbered among these, as is established from canon law.³²

1940. VIII. From defect of MILDNESS those are irregular who, after Baptism, voluntarily, actively, efficaciously, and proximately concur in the death or mutilation of someone, although justly and from public authority, through an action ordered by its nature to this. "This the Church has therefore established, because the priest bears the person of Christ, who, as most mild, never injured anyone."³³ If such concurrence were unjust, there would be irregularity from delict (cf. n. 1946).

This irregularity is contracted both in JUDGMENT, and in WAR, and in the exercise of the MEDICAL art.

1. In JUDGMENT they become irregular, the effect having followed: Judges pronouncing a sentence, although just, of death or mutilation (unless they have a privilege, as Inquisitors of the faith, and their Officials); Counselors and assessors, who cooperate by their counsel or vote; accusers or denouncers seeking vindication of a capital crime, although they protest that they do not wish the penalty of death, since the protestation is contrary to the fact; voluntary witnesses, although they preface the same or a similar protestation; voluntary advocates and procurators against the accused; notaries writing, subscribing, or dictating the sentence; executioners, lictors, and all ministers executing the same sentence of death or mutilation.³⁴ Whether jurors, e.g., in France, in Italy, become irregular is controverted; it is more probable that they are to be assimilated to compelled witnesses.³⁵

2. IN AN UNJUST WAR (if nevertheless the injustice is established) all soldiers become irregular, even if only one man is killed; but that irregularity is from delict (see n. 1946). In a just merely defensive war no one becomes irregular, just as neither is he to be called irregular who mutilates or kills an aggressor in inculpable defense of life, chastity, or even of neighbor.³⁶ In a just offensive war all those become irregular who mutilate or kill by their own hand; likewise, clerics in Sacred Orders, or beneficiaries, who of their own accord have given their name to military service (in which they sin gravely), and at some time have used a gun in some conflict, although they should swear that no one was injured by themselves.³⁷

Nor indeed do the following contract irregularity: the legislator establishing a capital law; a cleric exhorting men to fight bravely in a just war, to punish the guilty, etc.; a theologian resolving speculatively a case of war; a confessor exhorting the guilty one to ascend the ladder of punishment, or to submit his head to the blow; a cleric, assisting from curiosity at the punishment of the guilty one, although he sins venially, at least if he is in Sacred Orders; a compelled witness; an accuser civilly seeking compensation for damage to himself or to his relatives up to the fourth degree, even in a criminal cause, provided he protests, at least externally, that he wishes neither vindication nor death.¹

3. In the exercise of the MEDICAL ART, clerics in Sacred Orders incur irregularity, as also monks, who heal (outside the case of true necessity) with burning or incision, if death is notably accelerated from this or mutilation follows; although they are skilled in the art and apply every diligence.²

Nevertheless, more truly, clerics constituted in minor Orders do not contract this irregularity, although they are beneficiaries; for penalties are not to be extended to cases not expressed in law.³ - Nor do these things regard lay physicians or surgeons, if they operate according to the rules of their art, as Benedict XIV says.⁴ Nevertheless, the usage is that, for caution, even as to these, dispensation is sought, if perchance they at some time had culpably offended in their art.⁵ - See other things n. 1946.