§ II. Irregularities from Delict

Preliminary points. In order that a delict may produce irregularity, it is required that it be a grave sin, perpetrated after baptism, except the case of which under II, and external (canon 986). It is said sin:

1. Grave; hence whatever excuses from mortal sin also excuses from irregularity. Of this kind is ignorance of the very law prohibiting the act. Grave fear, even only relatively such, necessity, indeed even grave inconvenience, generally excuse from observing a merely ecclesiastical law, and therefore bring it about that one is immune from irregularity who, from grave fear, necessity, or by reason of grave inconvenience, places an act forbidden by ecclesiastical law alone (cf. canon 2205, § 2).

2. Perpetrated after baptism; since it is not fitting that account be taken of a sin which is judged to have been entirely destroyed by baptism.

Now by force of canon 985, the following are irregular from delict:

I. Apostates from the faith, heretics, schismatics (canon 985, 1°); concerning whom there was discussion in t. I, n. 492. One who is a heretic in good faith does not contract irregularity; but since good faith is judged to be absent for the external forum, a dispensation is needed.

II. Those who, except in a case of extreme necessity, have allowed baptism to be conferred on them by non-Catholics in any way (canon 985, 2°). It is said:

1. By non-Catholics; under this name come heretics, schismatics, and, according to some, even unbelievers, since they, equally with heretics and schismatics, are truly non-Catholics. Others, and indeed most, exclude unbelievers.

2. In any way, that is, whether some rite, heretical or Catholic, was employed, or was not employed.

3. Have allowed, that is, those who asked, or at least permitted, that baptism be conferred on them by a non-Catholic.

III. Those who have dared to attempt marriage or to place only the civil act, either themselves being 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 valid marriage (canon 985, 3°). Those attempt marriage who, conscious of a diriment impediment, approach the minister of the Church; those place the civil act who enter into civil marriage, as it is called. It is said have dared; hence, since the words of the law are judged to contain nothing useless, any diminution of imputability seems to exempt from irregularity (cf. canon 2229, § 2); except, however, diminution of imputability which flows from ignorance of the irregularity (canon 988). Therefore the following are irregular:

1. Those who, themselves bound by the matrimonial bond or by sacred Order or by religious vows, even simple and temporary, have dared to attempt marriage or place only the civil act.

2. Those who, although not bound by the matrimonial bond or by sacred Order or by religious vows, have dared to attempt marriage or place only the civil act with a woman bound by religious vows, even simple and temporary, or joined in valid marriage.

IV. Those who have perpetrated voluntary homicide or procured the abortion of a human fetus, the effect following, and all cooperating (canon 985, 4°).

1. Homicide is understood as committed positively and with grave fault; not, however, as merely permitted, although without sufficient cause.

2. What is understood by procurement of abortion, see in the treatise on ecclesiastical penalties.

3. The words the effect following and cooperators are referred both to homicide and to procurement of abortion. With respect to the effect, it is required that this follow from the force inflicted, not from care perhaps omitted. As regards cooperators, just as the old law, so also the new law is judged to regard only positive cooperators, or those who by command, counsel, consent, or help cooperate in homicide or procurement of abortion; likewise those who by false testimony or unjust sentence cooperate in homicide; finally those who voluntarily fight in an unjust war. This last point is said theoretically, since scarcely ever is there sufficient certainty about the injustice of a war. Negative cooperators are immune from irregularity, even if from justice they are bound to impede homicide or procurement of abortion (St. Alphonsus, VII, 367-376).

V. Those who have mutilated themselves or others, or have attempted to take their own life (canon 985, 5°). Mutilation is understood as the cutting off of a member, but not merely its weakening or wounding. But a cutting off of a member objectively and subjectively gravely culpable is required; when this is had, we explained in t. I, n. 526.

VI. Clerics exercising the medical or surgical art forbidden to them, if death follows therefrom (canon 985, 6°). It is required that the cleric gravely offend against the law which prohibits him the medical or surgical art, and that death follow from the art exercised as from its cause; hence irregularity is absent if death, for example, is to be attributed to the bad treatment of another physician who had been called in.

VII. Those who place an act of Order reserved to clerics constituted in sacred Order, either lacking that Order, or prohibited from its exercise by a canonical penalty, whether personal, medicinal or vindicative, or local (canon 985, 7°). The matter concerns an act of Order - not of mere jurisdiction - and of the greater or sacred Order. Considering the tenor of the canon, it seems to make no difference whether the act is placed solemnly or not, that is, with or without the insignia proper to the Order. Yet if it is placed solemnly, grave matter will more easily be had, which in the case, as in every irregularity from delict, is required. Now the following contract irregularity:

1. All, both clerics and laymen, who place an act of sacred Order while lacking the Order whose act they place; as if a simple priest were to ordain a cleric.

2. All, both clerics and laymen, who place an act of sacred Order from whose exercise they are prohibited by a canonical penalty, whether personal, medicinal or vindicative, or local; as if a priest were to celebrate in an interdicted place. But it is required that someone be impeded from the exercise of Order by force of a contracted penalty, not by a mere prohibition. Hence one who, for example, was ordained by a non-Catholic in good faith and exercises the Order without dispensation, is not irregular, although, until he has received dispensation, he is prohibited from the exercise of the Order so received.

Corollary I. The following are irregular: a priest who ministers Confirmation or performs consecrations, etc.; likewise a deacon who celebrates Mass, sacramentally absolves, or ministers Extreme Unction; likewise a subdeacon who solemnly baptizes or in solemn Mass, although without stole, acts as deacon or with stole sings the Gospel; likewise a minor cleric who in solemn Mass acts as subdeacon, that is, does all those things which are proper to the subdeacon, or with maniple sings the Epistle. But if he sings the Epistle without maniple, although he assists clothed in a tunicle, yet not doing those things which are proper to the subdeacon, he does not contract irregularity, because such assistance was declared licit by the Sacred Congregation of Rites.¹ Three things are proper to the subdeacon: to pour water into the chalice before the offertory; to touch the chalice or remove and replace the pall; to wipe the chalice after the ablution.

Corollary II. The following are not irregular: a priest who hears confessions without jurisdiction, because he does not place an act of Order which he lacks; nor a priest who, lacking the required faculty, grants a dispensation, because he places an act of mere jurisdiction; nor a deacon who solemnly baptizes or distributes the Holy Eucharist without the required commission, because, since the Order of Diaconate is ordered in some way to the said acts, he does not place an act of Order which he lacks; nor a minor cleric who without the insignia proper to the Order exercises a higher minor Order, apart from the Exorcistate; nor, as is clear, an inferior cleric who in solemn Mass without maniple fulfills several parts of the subdeacon which, namely, are permitted to him; nor finally, as is likewise clear, a layman who exercises the Acolytate or Lectorate according to today's approved practice.

Note. The Sacred Consistorial Congregation, by the decree Magni semper,² established certain laws for priests emigrating from Europe or from the shores of the Mediterranean to America or the Philippine Islands. If they rashly violate these, according to n. 16 of the same decree they remain suspended from divine things by the fact itself; and by violating this censure they fall into irregularity, absolution from which is reserved to the same Sacred Congregation, that is, to the Holy See.³

¹ March 19, 1906 (A.S.S. XXXIX, p. 119).

² December 30, 1918.

³ Vermeersch-Creusen, Epitome, II, n. 258.