Section — Prümmer, Manuale Theologiae Moralis
§ 1. On Irregularities In General
609. Notion. Irregularity is a perpetual impediment instituted by ecclesiastical law, which primarily prohibits the reception of order, and secondarily the exercise of orders received.
Explanation. It is called a) an impediment or a certain incapacity (but not a censure or penalty), because irregularity does not always presuppose fault, but was principally introduced lest anyone unworthy enter the clerical state or exercise sacred ministry. It is called b) instituted by ecclesiastical law, whence it is held as an axiom: no irregularity is incurred unless it is expressed in the Code of Canon Law, and consequently there exists no irregularity ab homine.109 Therefore he who is barred by divine law from receiving or exercising order, for example, a woman, or he who lacks a divine vocation, is not properly irregular, but unfit. It is called c) which prohibits, etc., by which words the effect of irregularity is signified, which is namely to prohibit (not to invalidate) the reception and exercise of orders. Under the name of order here is understood also the first tonsure, which would be given almost fruitlessly if the reception of orders were prohibited. Irregularity indeed prohibits the conferral and reception of a benefice to which is annexed an office that the irregular person is forbidden to exercise, but it by no means prevents the irregular person from retaining a benefice already accepted or from exercising jurisdiction already possessed. Nevertheless, an irregular person cannot licitly exercise the power of sacred order (outside a case of necessity).
109 Code of Canon Law, c. 983.
610. Division. 1. Irregularity from defect and from delict is distinguished.110 The former arises from an innocent defect; the latter is induced by a personal, mortal, external sin, consummated in act, which was committed after baptism.
- Irregularity is total or partial, according as it prevents the reception or exercise of every order, or only a) ascent to a higher order, or b) the partial exercise of an order. Thus, for example, a priest lacking a thumb is irregular with regard to the celebration of Mass, but by no means with regard to hearing confessions.
There are still other divisions, such as antecedent and consequent irregularity, etc., which are easily understood from the terms themselves.
110 Ibid., c. 984 ff.
611. Conditions required for incurring irregularity. Irregularity is not present unless:
- it is certain, that is, the fact inducing irregularity must certainly exist.
Hence a doubtful irregularity is no irregularity. The reason is that irregularity, as something odious, is of strict interpretation, and must not be presumed but proved.
- the action by which irregularity from delict is contracted is a personal, mortal, external sin, consummated in act, committed after baptism.111
But an occult sin suffices. (Irregularity from defect, however, can be incurred without any fault.) Therefore all those things which excuse an action from being a mortal sin (for example, parvity of matter, defect of advertence, good faith, etc.) also excuse from irregularity.
No ignorance excuses from contracting an irregularity, whether from delict or from defect.112 Thus according to the discipline in force and contrary to the older doctrine.
111 Code of Canon Law, c. 986. One delict induces irregularity, although it was committed before or in baptism, namely, if an adult permits baptism to be conferred upon him by non-Catholics. Cf. below, n. 620 (2).
112 Code of Canon Law, c. 988.
612. Cessation. A contracted irregularity can cease: 1. through the cessation of the total cause; 2. through baptism; 3. through solemn profession; 4. through dispensation.
Through the cessation of the total cause, irregularity from defect ceases (but not irregularity from delict). Thus irregularity from a defect of the body ceases through a surgical operation which removes the infirmity, etc.
Through baptism, which wipes away all sins, the arising of irregularity from a delict perpetrated before baptism is prevented. Thus, for example, a pagan who perpetrated homicide is not irregular from delict after receiving baptism, since the delict has been wiped away through baptism with regard to all its effects; on the contrary, the same pagan who was a bigamist still labors under irregularity from defect after receiving baptism.
Through solemn religious profession, by the law itself only irregularity from defect of birth ceases, and only for receiving orders, but not for dignities and prelacies.113 Certain religious institutes have special privileges in this matter.114
Through legitimate dispensation, any irregularity can be removed, since it is solely of ecclesiastical law. To obtain this dispensation, both the facts from which the irregularity (or irregularities) arose and the cause for which the dispensation is sought must be sincerely manifested. No determinate form in which the dispensation is to be given is prescribed by law. Hence, if a dispensation is given in the confessional, the confessor can use, after absolution from sins, these or similar words: "I dispense with you concerning the irregularity which you incurred because of such a cause, for example, abortion." One dispensing from irregularity from delict must impose a salutary penance upon the person dispensed.115
113 c. 18, X 1, 17.
114 Cf. Gregory XIII, Constitution Ascendente, May 25, 1584, for the Society of Jesus.
613. Who can dispense. a) The Supreme Pontiff can dispense from absolutely all irregularities, and indeed according to the discipline in force through the Sacred Congregation of the Sacraments if public irregularities are in question, but through the Sacred Penitentiary if a dispensation in the internal forum for occult irregularities is in question. Religious clerics, however, must seek dispensations from public irregularities from the Sacred Congregation of Religious.
b) Ordinaries can dispense with their subjects: a) from all doubtful irregularities (whether the doubt is of law or of fact);116 b) from all irregularities arising from an occult delict, except that which arises from voluntary homicide and the procuring of abortion, or another which has been brought into the judicial forum.117 How an irregularity arising from the procuring of abortion can be dispensed from was stated above, II, 144.
c) Major superiors in exempt clerical religious institutes can dispense with their subjects just as bishops can by common law.118 For they are Ordinaries. Special privileges in this matter have been granted to certain religious institutes.
d) Regular confessors can dispense all penitents from those irregularities from which bishops can by common law dispense their subjects.119 This is by privilege, which does not appear to have been abolished by the Code of Canon Law.
e) Confessors by common law cannot dispense from irregularities; nevertheless, in more urgent occult cases, when the Ordinary cannot be approached and danger of grave harm or infamy is imminent, they can dispense as Ordinaries can, but only so that the penitent may licitly exercise orders already received.120
Note. Impediments to ordination (concerning which below, n. 623) cease either through a dispensation of the Holy See or in the manner determined for each impediment.
116 Code of Canon Law, c. 15; cf. Gasparri, De s. ordinat., n. 230.
117 Council of Trent, sess. 24, c. 6, De reform.; Code of Canon Law, c. 990, § 1.
118 Cf. St. Pius V, July 21, 1571.
119 Cf. St. Alphonsus, Theol. mor., l. 7, n. 355; Gasparri, loc. cit., n. 229.
120 Code of Canon Law, c. 990, § 2.