§ 4. On Irregularities and Other Impediments

— Irregularity is a canonical impediment, of itself perpetual, which of itself primarily prohibits the reception of orders, and secondarily the exercise of the same (cc. 968, 983).

It is not therefore a penalty, but is directly established because of the reason of the common good, that is, the decorum or respectability of the clerical state. And from the new law, the traditional definition becomes strict and certain. For from irregularity there are properly distinguished defects of condition or quality commonly required in those to be ordained, for example, of age (c. 974), and impediments which, when adjuncts have changed, can cease without dispensation, for example, the conjugal state, infamy of fact.

But only those irregularities are in force which are contained in written law, all those which are not contained in the Code having been suppressed (c. 983).

In the present law there are distinguished only irregularities from defect and irregularities from delict. The latter, although they can be held after the manner of a grave penalty, are nevertheless primarily impediments, and, contrary to the opinion hitherto common, just as other irregularities and simple impediments, they are incurred even by those ignorant of them (c. 988). But without delict, and therefore without mortal fault, there will not be an irregularity from delict.

— Those irregular from defect are numbered in c. 984.

1. From defect of birth: "Illegitimate persons, whether the illegitimacy is public or occult, unless they have been legitimated, or have professed solemn vows."

Concerning legitimacy, the book of baptisms makes full faith, which only manifest proof to the contrary can destroy.

2. From defect of body: "Those defective in body who cannot safely, because of weakness, or decently, because of deformity, discharge the ministry of the altar. Yet to impede the exercise of an order legitimately received, a graver defect is required, nor because of this defect are acts prohibited which can be duly placed."

Observe that by this irregularity the reception of any order and of first tonsure itself is prohibited, although the defect would impede only the exercise of a major order, for example the presbyterate. In estimating deformity, account must also be had of its cause, which, if it is noble and most honorable, such as war or hostile persecution, will effect this: that the use of the order by those mutilated in this way may rather conciliate greater reverence and consideration for the Church and the altar. Therefore the Holy See has granted ordination and celebration with liberal hand to several who in the recent war had to be called not lightly defective in body.

From the present head, irregular because of impotence are: those cut off in thumb or index finger, so that they cannot break the host with the customary fingers; much more the blind, the mute, those so deaf that they cannot hear the server responding, and those who tremble so much in the hands that they cannot celebrate without danger of spilling the Blood. Because of the decorum and dignity of the sacred function, those who, by a deficient or stained body, would generate horror or ridicule in spectators are irregular: those enormously hunchbacked, notably limping, stammering so much that they move laughter, indeed a man from whom the three posterior fingers have been taken away. Yet he, already a priest, is not bound to abstain from the sacred rite.

Certain men judged him irregular who lacked visual power of the left eye, the canonical eye, for reading the Missal through the Canon. But that opinion, destitute of foundation, can safely be abandoned. And since today a glass eye well fitted removes external deformity, not even from this head is a scruple to be introduced (cf. Noldin, IV, 665). He adds that judgment belongs to the Ordinary, either of the place or proper to an exempt religious, by which judgment, however, the ordaining bishop is not bound to stand. In doubt, the Ordinary can dispense.

A priest with failing sight, that is, one who cannot read except very large type, can obtain a dispensation for celebrating the votive Mass of the Blessed Virgin Mary or the daily Mass of the dead, according to the norms recently promulgated by the Sacred Congregation of Rites, January 13, 1921 (A. A. S., XIII [1921], p. 154 ff.). Concerning these, note that the Mass of the Blessed Virgin must be read on all days on which Masses of the dead are not permitted; in that Mass the Gloria and Credo are to be said whenever they are to be said in the Mass of the occurring day; the Gospel at the end is always that of St. John. In the same instruction the Sacred Congregation of Rites admonishes that the conditions placed in the document of privilege oblige conscience. If in the privilege the clause is placed, "provided that the petitioner is not altogether blind," the man with failing sight who becomes blind must abstain from celebration until he has obtained a new indult; and when this has been obtained, "under grave obligation he is bound to use the assistance of another priest, although perhaps this obligation was not expressly placed in the indult" (cf. Epitome, II, n. 256).

— 3. From defect of mind: "Those who are or have been epileptic, insane, or possessed by a demon; but if after orders have been received they have become such and it is certainly established that they are now free, the Ordinary can again permit his subjects the exercise of the orders received."

Each part of the canon has been made more severe, insofar as it takes no account of healing before orders received; after orders received, it does not simply permit to those healed the exercise of orders, but establishes that the matter must be defined by the proper Ordinary, whether religious or local. Therefore whether perfect healing occurred before ordination, or, later than ordination, there was only imperfect healing, yet sufficient so that for fifteen days or a month or more it gives complete security, recourse will have to be made to the Holy See, whether for ordination or for use of the order. Remedies are also available today which remove all dangerous crises even from those not perfectly healed. Yet Noldin, III, 666, thinks that he is not judged irregular who before puberty has perfectly recovered from epilepsy, which, as he says, frequently happens. This irregularity is said to arise from defect of mind. Rightly indeed when it is a question of insanity; but why the epileptic are called deficient not in body but in mind seems to be attributed to the opinion once common which held epileptics as possessed, or demoniacs. The insane are irregular, even if they have lucid intervals. And those perfectly healed are forbidden to ascend to superior orders without faculty of the Holy See.

— 4. From defect of sacrament: "A bigamist, namely one who has contracted two or more valid marriages successively." The irregularity is of apostolic origin, at least as regards bishops, "let him be the husband of one wife" (1 Tim. 3:2 and 12), and is founded in this: that a bigamist, who has divided his flesh among several wives, can no longer perfectly represent the union of Christ with the Church.

Before the Code, a presumed marriage was said to suffice for this irregularity; and besides true bigamy, interpretative bigamy was recognized, which he contracted who had consummated a second marriage even invalid, or had led and known a widow not a virgin, or his own wife previously corrupted by another; and similitudinary bigamy, of him who, after a solemn vow of chastity, contracted and consummated a marriage, even invalid. These have happily been suppressed. Noldin, III, 667, with most, thinks that he is affected by irregularity who before baptism had led two wives, or one or the other: the reason of irregularity because of division of the flesh is had even then. The ancient interpretation also favors this opinion.

— 5. From defect of fame: "Those who are marked by infamy of law." Infamy of law, or legal infamy, is incurred by authority of law because of a delict, and is distinguished from infamy of fact, which supposes divulgation of a shameful crime. The canons themselves define the delicts which carry infamy of law with them. Infamy of law arises either from the fact itself, or from a sentence of law decreeing infamy. Infamy of fact does not effect irregularity but an impediment (cf. below, n. 719).

The following are marked with infamy of law by the fact itself: a) one who has given his name to a non-Catholic sect or has publicly adhered to it (c. 2314, §1, 3), which now according to the norm of the declaration of October 16, 1919, concerning candidates of religions (cf. Epitome iuris canonici, I, n. 527), can be restricted to those who have defected from the Catholic faith; b) one who has thrown away the consecrated species or taken them away or retained them for an evil end (c. 2320); c) one who has violated the corpses or sepulchers of the dead for theft or another evil end (c. 2328); d) one who has laid violent hands on the person of the Roman Pontiff, or of a Cardinal or Legate of the Supreme Pontiff (cc. 267 and 2343); e) duelists and their seconds (c. 2351); f) simultaneous bigamists, who, despite the conjugal bond, have attempted another marriage, even merely civil (c. 2356); g) laics legitimately condemned for delicts against the sixth commandment committed with minors under the age of sixteen years, or for rape, sodomy, incest, procuring (c. 2357, §1).

By sentence of a judge, clerics in sacred orders, whether secular or religious, who have admitted a delict against the sixth precept of the Decalogue with minors under the age of sixteen years, or are guilty of adultery, rape, bestiality, sodomy, procuring, incest with blood-relatives or affines in the first degree, are to be declared infamous (c. 2359, §2).

Today already, contrary to what was before, no one because of an alien delict, or the delict of one closely joined to him, becomes infamous (c. 2293, §4). Yet from the fact of family members or blood-relatives with whom he lives, a pastor can lose good estimation and for that reason be removed (c. 2147, §2, 3).

— 6. From defect of mildness: a) "the judge who has borne a sentence of death," if death has truly followed. Jurors, since they do not bear sentence, are immune from this irregularity. If the sentence was collegial, those judges alone are irregular who efficaciously induced it.

b) "those who have undertaken the office of executioner and their voluntary and immediate ministers in the execution of capital sentence." Such are not soldiers who, compelled, kill the guilty man: they have undertaken no office of executioner; nor their commander: he also, while he commands the killing, pronounces no sentence of death as judge; nor those who erect the scaffold: they are not immediate cooperators.

Therefore defect of mildness is restricted to few cases. Nor do soldiers who have fought in battle and killed enemies become irregular from this head.

Observe, however, that Christian mildness is understood, so that one who bore a sentence of death before baptism, etc., does not thereby become irregular (cf. Noldin, III, 670).

— Those irregular from delict are numbered in c. 985. Irregularity supposes: a) that the delict committed be a grave and external sin, public or occult; b) and this after baptism, if you except the delict of baptism received from a non-Catholic outside necessity.

— 1. Apostates from the faith, heretics, schismatics.

An apostate is one who, after baptism, has totally withdrawn from the Catholic faith; a heretic, one who, preserving the name Christian, denies some one of the truths to be believed by divine and Catholic faith, or exteriorly affirms that it is doubtful, whether he has given his name to a sect or not; a schismatic, one who refuses to be subject to the Supreme Pontiff or to communicate with the members of the Church subject to him, and thus withdraws himself from Catholic communion.

Those who in good faith have been ascribed to a heretical sect are not irregular, but because of the presumption of the external forum they will have to be dispensed at least for caution before ordination, unless after conversion they have been baptized.

— 2. "Those who, except in the case of extreme necessity, have permitted baptism to be conferred on themselves by non-Catholics, in whatever manner."

By this new irregularity, the Code marks those who with grave sin of their own have asked or tolerated that non-Catholics, that is, heretics or schismatics, should minister baptism to them: in whatever manner baptism is ministered, that is, whether with the rites of the sect used, or without any special rite. Infidels do not strictly come under the name of non-Catholics; and when the Code uses the broader sense, it says "any non-Catholics whatsoever," for example in c. 1099, 2.

— 3. "Those who have dared to attempt marriage or to place only the civil act, either themselves bound by the matrimonial bond or by sacred order or by religious vows, even simple and temporary, or with a woman bound by the same vows or joined in marriage."

Those attempt marriage who, dissimulating an impediment, present themselves to the minister of the Church; those place the civil act who contract what they call civil marriage.

The words have dared, which excuse from penalty those laboring under non-affected ignorance (c. 2229, §§2, 3), here have no efficacy, since, from c. 988, ignorance does not excuse from irregularity. Yet not all delinquents of this kind become irregular, but only those who, bound by the bond of marriage or of some religious profession, even only temporary, or with a woman bound in either way, commit that delict. Therefore it can happen that the marriage by which irregularity is induced is validly celebrated. For temporary vows, and of themselves simple vows, do not dirim marriage. The excommunication laid down against a similar delict is less extensive than this irregularity, by which from that part the irregularity of similitudinary bigamy, now suppressed, is compensated. The irregularity is new insofar as it touches the attempt of marriage infected with adultery.

— 4. "Those who have perpetrated voluntary homicide or procured abortion of a human fetus, the effect having followed, and all cooperating."

Since we are engaged in a matter of restrictive interpretation, understand homicide as directly voluntary, and therefore with casual homicide excluded, and also homicide only indirectly voluntary, or badly permitted.

Soldiers who, in a probably just war, kill enemies become irregular neither from delict nor from defect of lenity. Wherefore clerics compelled to military service seem to contract no irregularity on account of legitimate acts of war. It must be said otherwise concerning those who voluntarily, and therefore illicitly, fought in the battle-line.

Therefore from the root cease the anxieties of those clerics who, in caring for a sick person, from imprudent handling, feared irregularity for themselves.

Both from the place where they are placed and from the interpretation of the old law, which we are commanded to follow in doubt, the words "the effect having followed and all cooperators" are to be referred to each case, of homicide and of abortion.

Yet positive cooperators are included only: by mandate, efficacious counsel, consent; but not negative cooperators, who did not impede the delict, although perhaps from justice itself they ought to have impeded it. For negative cooperation is cooperation less strictly so called; and negative cooperators already before the Code were said to be immune from this irregularity.

While it speaks of a human fetus, the canon sends off to merely historical disputes the distinction between male and female which they formerly urged in texts of law in which there was question of an animated fetus: for once they judged that the male fetus after forty days, but the female after eighty, was endowed with a rational soul.

— 5. "Those who have mutilated themselves or others, or have attempted to take life from themselves." Mutilation means the cutting off of a member; but member is understood as a part of the body endowed with a proper function: hand, not fingers; foot, eyes, tongue, testicles. For voluntary castration is especially touched.

What of one who from paired senses removes one or the other? According as they are commonly apprehended separately or only conjointly, the individual parts will be a member or only part of a member. Thus both nostrils constitute one nose. One who has rendered an eye useless is not guilty of mutilation, unless he also tears it out.

Mutilation can also induce deformity, and thence irregularity from defect.

— 6. "Clerics exercising the medical or surgical art forbidden to them, if death follows from it."

Therefore there are three conditions of this irregularity: it is necessary that the agent be a cleric, that he exercise medical or surgical art gravely sinful for himself, and that from this as from a cause, and not by occasion alone, death follow.

— 7. "Those who place an act of order reserved to clerics constituted in sacred order, either lacking that order, or prohibited from its exercise by canonical penalty, whether personal, medicinal or vindicative, or local."

The cause of the irregularity is usurpation of sacred order or of its exercise, committed by him who does not have that order, whether he was a layman or cleric, or by him who indeed has the order but is prohibited from its exercise because of a penalty. This penalty can be local: interdict; or personal, which is divided into medicinal, this is censure, and vindicative, this is borne for a definite time or in perpetuity, nor is it removed when contumacy ceases. While, before the Code, not a few theologians, contrary to most canonists, thought that irregularity was incurred only by violation of censure, c. 985, 7, connects irregularity with the violation of any penalty.

Yet it is permitted, not indeed that the proper parts of subdeacons be fulfilled by an inferior cleric, but that an inferior cleric, therefore at least tonsured, be seen to supply for a lacking subdeacon in solemn Mass. But this cleric can neither put on the maniple, nor at the offertory himself mix water with wine, nor after the consecration uncover the chalice, nor after Communion wipe the interior of the chalice. Yet we judge that those alone are marked by irregularity who with grave fault "would discharge every office of the subdiaconate," as Cerato says (Censurae, n. 161), "in solemn Mass with the vestments of a subdeacon," so that we think equally immune from irregularity those who illicitly have taken the maniple but have abstained from mixing water, etc., and those who have indeed done these things but without the maniple. Nor is he judged irregular who, without a stole, merely sings the Gospel. In the chant of the Lord's Passion it is also tolerated that, when a deacon is lacking, the third singer, acting the parts of the synagogue, not be a deacon.

They seem to us to speak less coherently who therefore excuse the cleric who without a maniple fulfills the parts of a subdeacon, because, since it is not a question of acts which are done invalidly by inferiors, only solemn ministration induces irregularity; but solemn ministration is not had without the maniple. For the same men pronounce irregular the subdeacon himself who without a stole acted as deacon in Mass.

Therefore, so that we may speak more briefly and more coherently, neither the office of subdeacon nor the office of deacon can be exercised by those who lack the order. Yet because of necessity a certain partial ministration of a subdeacon in Mass is tolerated.

But not only he who is not in sacred orders becomes irregular, but also a minister in sacred orders who exercises an order not his own. Therefore a subdeacon would become irregular who solemnly baptizes, or solemnly sings the Gospel with a stole; a deacon, who attempts sacramentally to absolve, but not a deacon who without due commission solemnly baptizes or distributes Communion, because these things in some way pertain to his order; a priest who solemnly exercises a pontifical function, but not one who, not approved, hears confessions, since he usurps merely jurisdiction, not order.

Observe also that irregularity is incurred only by violation of a penal prohibition. Thus, as Fr. Ferreres excellently notes, II, 1301 and 1306, one who in good faith was ordained by one excommunicated, suspended, or interdicted after declaratory or condemnatory sentence, or by a notorious apostate or non-Catholic, lacks the exercise of order until he is dispensed; one who after perpetual vows, even legitimately, departs from religion, is prohibited from exercising sacred orders until he has found a receiving bishop: these prohibitions can be violated without irregularity, although not without sin.

— 8. After the Code had been promulgated, the Sacred Consistorial Congregation, by the decree Redeuntibus, October 25, 1918, gave Ordinaries the faculty of dispensing, at least for caution, from the irregularity which was called from defect of mildness, priests or clerics who, compelled by law, had performed military service; but it ordered those who of their own accord had offered themselves for taking up arms to have recourse to the Holy See for dispensation.

As we said in Periodica, IX, p. 129, since irregularity from defect of mildness has been removed by the Code, excepting the few cases recited above, the former do not strictly need dispensation; yet the faculty given will not be useless, if perhaps by some extensive interpretation that irregularity is restored. The latter violated a grave obligation of their state and are affected by certain or only probable irregularity from delict, according as they have certainly or only probably killed. Their irregularity is reserved to the Holy See.

The same Sacred Congregation, by the decree Magni semper, December 30, 1918, concerning clerics migrating into certain regions, suspended ipso facto from divine things priests who without due license and dismissorial letters migrated rashly and arrogantly. When this suspension is contemned, they become irregular. This suspension and irregularity are reserved simply to the Holy See by the same decree (cf. Periodica, X, p. 38).

— From irregularities are distinguished simple impediments, which have a cause temporary by its nature.

"C. 987. The following are simply impeded:

1. "Children of non-Catholics, as long as the parents remain in their error." From the declaration of October 16, 1919, he is impeded of whom even only one parent is a non-Catholic. Nor do we think the impediment ceases by death, since the interpretation of the old law answers so severely. Formerly, at least from the paternal line, even grandchildren were said to be irregular. But today it stops in the first degree, as the Commission for interpreting the Code itself answered on July 14, 1922, to IX (cf. Periodica, XI, 124).

Contrary, however, to what Noldin seems to hold, III, 679, here again we understand non-Catholics strictly as baptized heretics or schismatics ascribed to some sect, or, as it is said, to a separated church. Under the previous law itself, writers treated only of descendants of heretics and schismatics. And the opinion of St. Alphonsus, VI, 363, remains probable, who exempted children born before the apostasy of parents who defected from the Catholic faith so as to adhere to a sect.

— 2. "Men having a wife." When the marriage has been dissolved, the impediment ceases. Otherwise, even after perpetual separation, a dispensation of the Holy See is needed so that a man can legitimately be ordained, even now to a minor order, or receive first tonsure. (In the national Council of the Armenians, held at Rome in 1911, they abstained from a formal prohibition. Cf. art. 737 of the Council, and Appendix XIV, n. IX.)

— 3. "Those who hold an office or administration forbidden to clerics, of which they must render an account, until, having laid down the office and administration, and having rendered accounts, they have become free."

Therefore not every administration, but only that which is forbidden to clerics according to what was said in n. 19 (from c. 139), induces this impediment.

It remains, however, even after the office has been resigned, until accounts have been rendered.

— 4. "Slaves by slavery properly so called, before liberty has been received."

— 5. "Those who are bound by civil law to ordinary military service, before they have completed it."

Ordinary military service, from the very description of the decree Inter reliquas, January 1, 1911 (Periodica, V, 280), is that service which those first called to military service must perform for one or several years. Therefore under this name are not included the annual exercises to which all are bound after the period of first service has been completed, or "after active service"; nor the extraordinary military services which they must perform in time of war. But, from the authentic declaration of June 2-3, 1918 (Periodica, IX, 149), those are impeded who perhaps will be called to perform military service but have not yet been called, whether because they are not of age, or because, after examination has been completed, they have been declared temporarily unfit.

Nor do they seem to us to undergo ordinary military service who, by the law itself, are compelled to undertake only the care of the sick (cf. Epitome, II, 259; Gen., II, 640).

— 6. "Neophytes until, in the judgment of the Ordinary, they have been sufficiently tested."

By neophytes are understood those who, converted to the faith in adult age, have recently been baptized; therefore not recently converted heretics whose baptism was probably valid. The impediment is founded in 1 Tim. 3:2-6: "It behooves therefore a bishop... to be... not a neophyte, lest, being lifted up with pride, he fall into the judgment of the devil."

— 7. "Those who labor under infamy of fact, as long as it endures, in the judgment of the Ordinary."

You should observe that it happens that even innocent persons are marked by infamy of fact. Therefore this infamy can be removed both by amendment of life and by demonstration of innocence. The proper Ordinary will be judge, yet in such a way that the ordaining bishop need not stand by that judgment.

— On multiple irregularity. "Irregularities and impediments are multiplied from their diverse causes, but not from the repetition of the same cause, unless it is a question of irregularity from voluntary homicide" (c. 989).

Therefore he is not affected by multiple irregularity who has usurped an order not his own a hundred times; but he must be dispensed from multiple irregularity who has killed several men.

It is likely that abortion of a human fetus must be reckoned as homicide, since abortion is not said except of a living fetus. Yet because in c. 985, 4, abortion and homicide are numbered distinctly, and since it is not so certain concerning the moment of the infusion of the rational soul, the matter can be disputed. But that direct feticide comes under the name of homicide is not doubtful.

— On the faculty of dispensing. 1. The fullest faculty of dispensing from irregularities and impediments is in the hands of the Holy See. In occult cases all can have recourse to the Sacred Penitentiary. In public cases, recourse is made by seculars to the Sacred Congregation of the Sacraments, by religious to the Sacred Congregation of Religious. The Congregations themselves, for graver cases, must approach the Supreme Pontiff. Very rarely is dispensation granted from irregularity from true bigamy; and (outside war) from irregularity from voluntary homicide which can be proved in court; and from irregularity from a very notable and apparent defect of body.

The petition must indicate the plurality of irregularities and impediments, if there were several; add the causes for dispensing; and bear the commendation of the proper Ordinary.

2. To no one is granted ordinary power of dispensing from certain irregularities from defect or from impediments. But in doubtful irregularities, when there is a doubt of fact, Ordinaries can dispense from c. 15, if it is a question of irregularities in which the Holy See is accustomed to dispense. And the same can provide for more urgent cases from c. 81.

3. Nuncios and Apostolic Delegates (Faculties n. 5) can dispense those already ordained from every irregularity arising both from delict and from defect, "provided that scandal does not arise therefrom nor an impediment be caused to divine things, with those always excepted of which in c. 985, n. 4 (voluntary homicide and abortion, with the effect having followed), and with previous abjuration in the hands of the absolver when it is a question of the crime of heresy or schism."

Ordinaries, by themselves or through another, can dispense their subjects from all irregularities arising from occult delict, except that which arises from voluntary homicide or abortion, or another brought to the judicial forum.

From the decree of the Sacred Consistorial Congregation, Redeuntibus, October 25, 1918 (Periodica, IX, p. 214), local Ordinaries and religious Ordinaries can dispense their priests returning from military service if, in the judgment of the Master of Rubrics, they can perform with decorum the rites necessary in the sacred rite. If, however, rites of some moment must be omitted, or if there is need of an assisting priest, the Holy See must be approached, as for those who are not priests.

4. Their privileges remain to regulars, even those acquired by communication.

5. To all confessors is confirmed the faculty of dispensing in all irregularities arising from delict "in more urgent occult cases, in which the Ordinary cannot be approached and danger of grave harm or infamy is imminent, but only to this end, that the penitent may be able licitly to exercise orders already received" (c. 990. Cf. Decree of the Holy Office, September 6, 1909: A. A. S., I, 677). Voluntary homicide or abortion is excepted.

A confessor is a priest approved for hearing confessions; he can exercise the faculty even outside the act of confession, but only by himself, as it seems, although the words "the same faculty" admit a broader interpretation. Finally, after a dispensation has been given for exercising orders, no recourse to the Holy See or to the Superior is imposed.

Danger of infamy will often excuse from observing an irregularity from occult homicide or abortion; yet recourse must be had as soon as possible to the competent Superior, since the faculty given either to Ordinaries or to confessors does not extend to that irregularity.

No special formula of dispensation is required, so that a clear manifestation of the will suffices.

6. A general dispensation is invalid:

a) for irregularities or impediments concealed in bad faith;

b) for an irregularity from voluntary homicide or abortion concealed even in good faith, or for the number of these delicts.

A general dispensation to orders is valid also for major orders, and for non-consistorial benefices; but one thus dispensed cannot be nominated a Cardinal of the Holy Roman Church, bishop, abbot or Prelate nullius, or major Superior in an exempt clerical religion (c. 991).

"A dispensation conceded in the internal non-sacramental forum is to be committed to writing; and it must be recorded in the secret book of the Curia" (c. 991, §4): understand the curia of the proper Ordinary.

— I. Vocation to the priesthood is not universal, but by divine Providence those are called in such number as may suffice for the necessities of the Church. No one becomes a priest by his own will alone.

By the will of God consequent upon the ordination itself, as many are called as have duly been assumed by the Church. But by the antecedent will of the divine good pleasure, as many are called as, being suitable, seek that state with a sincere intention. To suitability belongs holiness of life already present; to sincerity, a will sufficiently spontaneous, or voluntary.

II. Any baptized person of the masculine sex can be validly ordained who, if adult, at least habitually wills it. One compelled by grave fear, unless, when the fear has been removed, he has expressly or tacitly ratified the ordination, and one who has been ordained as an infant, do not contract the obligations of the state.

III. Licit ordination requires a subject: a) in the state of grace, under grave obligation for orders which are sacraments; - b) immune from censure or impediment; - c) confirmed, yet not under grave obligation; - d) who has the intention of serving God through the order received, indeed, though this is not under grave obligation, through the priesthood; - e) who has the canonical age of 21 completed years for the subdiaconate, 22 completed years for the diaconate, 24 completed years for the presbyterate; - f) endowed with due knowledge. This is regularly to be acquired after two years given to philosophy, in schools instituted for that purpose; and four years are to be spent on theological studies.

First tonsure requires the theological course to have been begun; subdiaconate, the third year coming to an end; diaconate, the fourth year begun; presbyterate, the middle of the fourth year.

Concerning the very order to be received, all those to be ordained; those who are to be promoted to sacred orders must undergo an examination on the theological treatises themselves according to the judgment of the bishop to whom the ordination pertains.

The interstices also are to be observed; from these, however, for a just cause of public reason, the bishop can dispense even with religious. Yet unless centenary custom permits conjunction, first tonsure is to be given separately; nor can all minor orders be conferred together. But that minor orders be conferred with subdiaconate, or two sacred orders on one and the same day, an apostolic indult is required.

Those to be advanced to major orders must be provided with a canonical title, that is, a security, canonically admitted, concerning fitting and of itself perpetual support. The canonical title, for secular clerics, is a benefice, and, failing this, patrimony, or a pension. The title can be supplied by the title of service of the diocese, and, in places subject to the Sacred Congregation de Propaganda Fide, by the title of mission, provided that the one to be ordained, with an oath interposed, devotes himself perpetually to the service of the diocese or mission under the authority of the local Ordinary for the time being. For regulars there is the title of poverty; for religious of perpetual simple vows, the title of the common table, of the Congregation, or another similar title, according to the norm of the Constitutions.

IV. Irregularities. 1. Irregularity is a canonical impediment, of itself perpetual, which of itself primarily prohibits the reception of orders, and secondarily the exercise of the same (cc. 968, 983). Only those irregularities are in force which are expressed in the Code: some are from defect, others from delict; the latter affect even those ignorant of them, provided, however, that mortal delict has been committed.

2. Irregular from defect are: illegitimate persons, unless they have been legitimated or solemnly professed; those defective in body who cannot safely because of weakness, or decently because of deformity, discharge the ministry of the altar. (This irregularity is limited to acts upon which the reason falls, and a graver defect is required to impede exercise than to receive an order); those who are or have been epileptic or insane or possessed by a demon: if, however, after ordination they have become such and have certainly been freed, they can be admitted by the Ordinary to exercising orders; bigamists: those who have successively celebrated two or more valid marriages; those marked by infamy of law: the Code defines the delicts with which infamy of law is conjoined either by the fact itself or by sentence of a judge; a judge who has borne a sentence of death, if it has been completed by execution; those who have undertaken the office of executioner or have been his voluntary and immediate ministers in the execution of a capital sentence.

3. Irregular from delict are: apostates from the faith, heretics, schismatics, those who outside extreme necessity have permitted baptism to be conferred on themselves by non-Catholics; those married or bound by sacred order or religious vows, even temporary, who have dared to attempt marriage or place the civil act, or those who have contracted with such persons; those guilty of voluntary homicide or abortion, the effect having followed, and all positive cooperators; those who have mutilated themselves or others or have attempted to take life from themselves; clerics exercising the medical or surgical art forbidden to them, if death has followed from it; those who usurp sacred order or its exercise, whether they have not received that order, or are prohibited from its exercise because of a penalty. To a tonsured cleric, on account of necessity, a partial ministration of a subdeacon in Mass is permitted.

V. Impediments. These by their nature have a temporary cause; when this has been removed, they will cease without dispensation.

Impeded are: children of non-Catholic parents, as long as they remain in their error; married men, while the marriage endures; those holding an office or administration forbidden to clerics, until, after the office or administration has been resigned, accounts have been rendered; slaves, before liberty has been received; those bound by civil law to ordinary military service, before they have completed it; neophytes, until, in the judgment of the Ordinary, they have been sufficiently tested; those laboring under infamy of fact, as long as, with the Ordinary as judge, the infamy perseveres.

Irregularities and impediments are multiplied from their diverse causes, but not from repetition of the same cause, unless it is an irregularity from voluntary homicide.

VI. Dispensation. 1. Interpretation. A general dispensation is not valid for irregularities and impediments concealed in bad faith, nor for voluntary homicide or abortion concealed even in good faith, or for the number of homicides, or another delict brought to the judicial forum.

A general dispensation to orders is valid also for major orders and for non-consistorial benefices. Yet the one dispensed cannot become a major Superior in an exempt clerical religion.

Conceded in the internal non-sacramental forum, it is to be committed to writing, and it must be recorded in the secret book of the Curia.

2. Faculty of dispensing: a) the Supreme Pontiff uses his full faculty through the Sacred Congregation of the Sacraments, and, if it is a question of religious, through the Sacred Congregation of Religious. In occult cases all can have recourse to the Sacred Penitentiary; b) Ordinaries can dispense in doubtful irregularities, when there is doubt of fact, in which the Holy See is accustomed to dispense; they can also provide for more urgent cases; c) from every irregularity, except voluntary homicide and abortion, with the effect having followed, those already ordained can be dispensed by a Nuncio or Apostolic Delegate. Ordinaries can by themselves or through another dispense from irregularities arising from occult delict, except homicide, voluntary abortion with the effect having followed, and a case brought to the judicial forum; and they can dispense their priests returning from military service, even from irregularity from defect; d) excepting homicide and voluntary abortion, all confessors, where there is danger of grave harm or infamy, can, if the Ordinary cannot be approached, dispense in more urgent occult cases so that the penitent may licitly exercise orders already received.