Chapter II. Irregularities from Defect

THE illegitimate are irregular from defect of birth (Can. 984).

Defect of birth arises from illegitimacy, when the parents are either not married at all, or their marriage in the eyes of the Church is null and void on account of some diriment impediment known to both parties. If the impediment was unknown to at least one of the parents, the marriage is called putative, and the offspring is legitimate. When there is a doubt concerning legitimacy, as in the case of foundlings, legitimacy may be presumed until the contrary is proved.

This irregularity ceases by legitimation, dispensation, and solemn religious profession. If the parents at the time of conception or birth of the child could have been married, the child is by ecclesiastical law legitimized by subsequent marriage (Can. 1116); otherwise it can only be legitimized by the rescript of the Pope. A dispensation from this irregularity may be granted by the Pope, and by delegated authority by bishops, regular prelates, and others. Solemn religious profession takes away the irregularity as far as it is a bar to the reception of Orders, but not so as to enable the party to accept prelacies in the Order without dispensation.

Any bodily defect which makes it impossible to say Mass and fulfil the other functions of Orders, or prevents the person afflicted from exercising the sacred ministry with decency and edification, constitutes an irregularity. Thus the blind, deaf, mute, lame, crippled or maimed in limb or even necessary fingers, notably deformed, and those who cannot drink wine, are irregular.

In case of doubt the bishop may decide as to whether a person is irregular, and in such a case he may dispense as far as is necessary. If the irregularity is certain, only the Pope or his delegate can dispense. A dispensation from this impediment is more easily granted after ordination than before, to enable a priest to exercise his functions,

Marriage as a sacrament symbolizes the union of Christ with his Church, but to represent that union perfectly it should be a marriage of one man with one woman. In a second marriage the representation is less perfect, and such a bigamous marriage gives rise to the irregularity from defect of the sacrament.

A man becomes irregular from bigamy when he has contracted two or more valid marriages in succession.

Defect of lenity may cause irregularity in two ways: (1) In the case of a judge who has passed sentence of death.

(2) In those who have undertaken the office of executioners of a death sentence and their voluntary and immediate assistants.

Loss of reputation, or infamy, is a cause of irregularity. Those who are guilty of certain grave crimes are declared by canon law to be ipso facto infamous, and become irregular.

Those who are or who have been epileptics, insane, or possessed by the devil are irregular; if they became such after being ordained and are now certainly free, the Ordinary can permit his subjects to exercise again the Orders which they have received.