§ 2. Usurpation of Order

133. A cleric who knowingly and solemnly exercises a sacred order which he does not have becomes irregular.¹

1. Cleric: for since the title in the body of law has: "concerning a cleric not ordained who ministers," this irregularity is restricted to clerics alone. Therefore a layman does not become irregular who exercises sacred order, e.g. celebrates Mass, acts as subdeacon or deacon in solemn Mass, although he sins most gravely.

Some canonists² contend that laymen also contract this irregularity who solemnly exercise sacred order; nevertheless several canonists, and especially moralists, teach that clerics alone contract it. Therefore, since with regard to laymen this irregularity is doubtful by a doubt of law, in practice it is not to be established.³

2. Knowingly, i.e. knowing both that he lacks the order which he exercises and that a cleric exercising an order which he lacks becomes irregular: otherwise he would not sin gravely.

3. Solemnly, i.e. as from office and with the ceremonies and ornaments proper to the order which he exercises.

To discern whether an order is exercised solemnly, attention must be paid to this: if the act can be exercised only by those who have such an order, it is always exercised solemnly; thus absolution, extreme unction, which is administered by a priest alone, and confirmation, which is administered by a bishop alone, are always said to be administered solemnly. But if the action can also be exercised by others who do not have the order, it is said to be performed solemnly when it is performed in that form in which the same act is customarily exercised by ordained persons alone. Thus if an inferior cleric acts as subdeacon without maniple, or at the washing of feet on the Lord's Supper chants the gospel without stole, he does not become irregular, because he does not minister solemnly.⁴

4. Sacred order: for since from today's custom minor orders are commonly exercised solemnly even by laymen, a cleric solemnly exercising some order from the minor orders which he does not have does not become irregular.

Therefore a priest becomes irregular who solemnly exercises a pontifical function, e.g. consecrates a church or chalice, confers minor orders or tonsure; a deacon who sacramentally absolves; a subdeacon who solemnly baptizes, solemnly chants the gospel with stole, supplies the ceremonies of baptism, acts as hebdomadary in choir by saying the prayer with Dominus vobiscum; a cleric who solemnly chants the epistle with maniple, because all these solemnly exercise an order which they do not have. But a simple priest is not irregular who sacramentally absolves; a deacon who without commission of the pastor solemnly baptizes or distributes holy communion; a subdeacon who chants the gospel without stole; a cleric who chants the epistle without maniple, because they do not exercise, or at least do not solemnly exercise, the order which they lack.⁵

Note. The older theologians, relying on C. Veniens 1. De eo, qui furtive ordin. suscipit (V. 30), nearly all had taught that those illicitly promoted to orders are irregular. Thus, according to the testimony of St. Alphonsus (n. 361), one bound by censure who receives order, one having a wife and being ordained in sacred orders while she is unwilling, one who receives order from a bishop excommunicated, suspended, or interdicted by name, not his own, one who is ordained by leap or before the age or in another's diocese, one who receives major orders without title or on one and the same day, or one who is ordained outside the times, contracts irregularity. But more recent authors, following Suarez, show that these penalties established in law are not irregularities, but suspensions, or at least doubtful irregularities, and therefore none.

¹ C. Si quis 1 De clerico non ordin. ministrante (V. 28).

² Wernz II. n. 137. Scherer. Their reason is that c. Si quis 1 De clerico non ordin. ministrante (V. 28) does not restrict it to clerics alone, and that restriction from the rubric is not to be admitted.

³ Gasparri I. n. 334.

⁴ Ballerini-Palmieri VII. n. 426.

⁵ S. C. R., December 18, 1784 (n. 2525), responded: "Outside the case of absolute and precise necessity it cannot be permitted by superiors that a cleric in minor orders supply for a subdeacon in solemn Masses, vested without maniple," and that the bishop must take care that contrary custom be cut off. The same S. C. R., July 17, 1894 (n. 3832), resolved that a cleric can act as subdeacon in solemn Mass, provided he has been initiated with at least clerical tonsure, does not wear the maniple, and true necessity presses.