Chapter I. Irregularity in General

SOME men are incapable of performing the duties attached to Orders, or, if not altogether incapable, they cannot perform them with that decency and edification which their sacred character and the Church require. A blind man cannot administer the sacraments, and one who has been guilty of great and notorious crimes is not a suitable person to exercise such holy offices and guide others in the way of virtue. Certain defects, then, and crimes, partly from the nature of things, partly because the Church has so ordained, constitute a bar to the reception of Orders. These are called irregularities, and an irregularity is commonly defined to be a canonical impediment which primarily prevents the reception of Orders, and, secondarily, the lawful exercise of the duties and rights annexed to them. It is an impediment constituted by law, though it has its foundation in the nature of things, and so there can be no irregularity unless it is expressly sanctioned by law (Can. 983). It does not make the reception of Orders or their exercise invalid; it only makes these acts gravely sinful in one who is under irregularity, and forbids under pain of grave sin the admission of such a one to the clerical state or the conferring of Orders on him. When Orders have been already received, an irregularity can only produce its secondary effect and hinder their lawful exercise (Can. 968, sec. 2). Even this effect has place only in respect of sacred Orders, for, according to present discipline, laymen may lawfully exercise the functions of the minor Orders, with the exception of those of the exorcist.

Irregularities are said to be from defect when they arise from an incapability of exercising the functions of Orders or from the indecency there would be in exercising them. They are said to be from crime when the Church has expressly laid down that the commission of such a crime shall entail irregularity in the delinquent.

Irregularity is perpetual and lasts for life unless it is removed by dispensation, and no dispensation can be granted for some irregularities arising from defect (Can. 983).

Irregularity which prevents the reception of Orders, and consequently the exercise of them, is said to be total; that which supervenes on the reception of Orders and only prevents their lawful exercise is partial.

As only males and those who are baptized can be validly ordained, the same two conditions are required in order to be subject to irregularity. There is nothing to prevent the same person from being subject to several different irregularities arising from different defects or crimes, nor from being subject to several irregularities of the same species arising from several crimes committed against different people, as from several homicides; but otherwise only one irregularity is contracted from one and the same cause though several times repeated, and so a priest who while under suspension celebrates Mass several times only incurs one irregularity (Can. 989).

Whenever there is a doubt either of law or of fact as to whether an irregularity has been incurred, almost all authorities agree that in practice it must be held not to have been incurred.

Irregularities are incurred even by those who are ignorant of them (Can. 988).

Besides irregularities which of themselves are perpetual impediments to the reception of Orders, the Code enumerates certain simple impediments which cease to exist on certain conditions. They are: (1) The sons of non-Catholics as long as their parents remain in error; (2) husbands who have wives; (3) those who hold an office forbidden to clerics; (4) slaves; (5) those bound to military service; (6) neophytes; (7) those who labour under infamy of fact (Can. 987).