What irregularity is

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).

I. Notion. An irregularity is a canonical impediment of itself perpetual, which prohibits the reception and exercise of Orders (cf. canons 968 and 983). It is called an impediment:

1. Canonical, that is, established by ecclesiastical law.

2. Of itself perpetual, that is, one which is not removed except by dispensation; and by this reason it differs from a simple impediment.

3. Of the reception and exercise of Orders. But by the name Orders here first tonsure also comes (canon 950). The reception and exercise of Orders are prohibited, but not the exercise or acts of jurisdiction alone, such as to dispense, to absolve from a censure, to give the faculty of absolving from sins (St. Alphonsus, VII, 342). Finally, the functions of the Acolytate are no longer prohibited, since today they are permitted even to laymen.

4. It prohibits; but it does not render the reception and exercise of Orders invalid. The prohibition, however, is grave, as is drawn both from the nature of the thing and from the grave penalties to be imposed on a transgressor (canon 2374).

A simple impediment is a canonical impediment of itself temporary, which prohibits the reception and exercise of Orders (cf. canons 968 and 987). It is called of itself temporary, that is, one which can cease without dispensation or by the fact itself.

Note. Irregularities and impediments have been established so that provision may be made for the reverence due to Orders, but not by way of penalty, except perhaps secondarily if it is a question of an irregularity from delict (St. Alphonsus, Homo Apostolicus, tr. 17, n. 73).

II. The origin of irregularities is ecclesiastical law (canon 983); the same holds for simple impediments. Moreover, the cited canon sufficiently signifies that irregularity is introduced by written law alone, not by custom.

III. Interpretation; concerning it observe:

1. Laws which constitute an irregularity or impediment, as restricting rights, are subject to strict interpretation (cf. canon 19).

2. Only the baptized are bound by the said laws; this, however, does not prevent a fact which had place before baptism from being able to induce irregularity after baptism, as if someone had been insane before baptism. The impubes are not exempt from the law.

3. In doubt of law - that is, in doubt whether the law has been passed or extends itself to some case - the law does not urge. In doubt of fact - that is, in doubt whether the fact which carries an irregularity or impediment with it took place, or was such as is supposed by the law - the law likewise does not urge; for it is a question of doubt of a fact founding a prohibiting law (St. Alphonsus, VII, 422, 432; t. I, n. 228);¹ moreover, in the latter doubt the Bishop can dispense for precaution (cf. canon 15).

4. Ignorance of irregularities, whether from delict or from defect, and of impediments, does not excuse from them (canon 988).

¹ Sacred Congregation of the Council, June 27, 1857 (A.S.S. I, p. 350).

IV. Multiplication. Irregularities and impediments are multiplied from their different causes, but not from the repetition of the same cause, unless it is a question of irregularity from voluntary homicide (canon 989). It is said:

1. From their different causes; as if someone is illegitimate and perpetrates homicide. Yet note that formally different causes suffice, and that several formally different causes can be contained in one and the same physical act; as if someone by the same blow were to kill another and attempt to take his own life.

2. Unless it is a question of irregularity from voluntary homicide. Procurement of abortion does not come under the name of homicide; for canon 985, 4° distinguishes this from homicide, and the law is of strict interpretation. But craniotomy and similar cruel killings of an infant are comprehended under that name.

By force of canon 984 the following are irregular from defect:

I. From defect of birth: "Illegitimates, whether the illegitimacy is public or occult, unless they have been legitimated or have professed solemn vows" (cited canon, n. 1). Now:

1. Who are illegitimate, see in the treatise on matrimony.

2. Irregularity from defect of birth is removed: 1° by legitimation, about which later; 2° by dispensation (n. 644); 3° by solemn religious profession. This removes the irregularity, but does not legitimate; hence an illegitimate person solemnly professed cannot be constituted major Superior in his Religion (canon 504).

Note. Illegitimates cannot be admitted into the Seminary (canon 1363, § 1); nevertheless legitimation by the subsequent marriage of the parents suffices.¹

¹ Pontifical Commission, July 13, 1930 (A.A.S. 1930, p. 365).

II. From defect of body: "Those defective in body who cannot safely by reason of weakness, or decently by reason of deformity, perform 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 rightly be placed" (cited canon, n. 2°). Therefore the following are irregular:

1. Those who by reason of weakness cannot safely perform the ministry of the altar. To this class belong: 1° those lacking the index finger or thumb, that is, the customary fingers with which the host is broken; likewise those who have hands so trembling that there is danger of spilling the Blood; likewise those lacking either arm or either hand; 2° the deaf who cannot hear the responding minister; but deafness supervening upon the priesthood does not stand in the way of the celebration of Mass; 3° the mute, likewise those stammering so much that they cannot pronounce whole words, or cannot except with great difficulty, so that they provoke laughter; 4° the blind, likewise the partially blind, who cannot read except very large characters; but not one who lacks only one eye, provided it is not the left eye, or the eye of the Canon, and provided the deformity is removed by a glass eye.¹ But if the eye of the Canon is lacking, a dispensation can be given if the other eye is sufficiently fit for reading the Canon without deformity (St. Alphonsus, VII, 404-409).

2. Those who by reason of deformity cannot decently perform the ministry of the altar. To this class belong: 1° those deprived of a conspicuous member, unless the deformity is removed by an artificial member. Those who lack the three rear fingers are irregular for receiving Orders, but not for exercising them; 2° those having a conspicuous member very deformed, whether the deformity arises from nature or from disease, for example from leprosy. Deformity of the legs can ordinarily be sufficiently covered by a cassock; 3° the monstrous, such as pygmies, the very hunchbacked, and hermaphrodites; yet the latter defect does not induce irregularity if it is occult and the male sex prevails. Likewise those notably limping are irregular (St. Alphonsus, VII, 410-412).

Note 1. Since all Orders, even first tonsure, are ordered to the priesthood, one excluded from the priesthood must also be regarded as excluded from the other Orders.

Note 2. To impede the exercise of an Order legitimately received a graver defect is required than to impede the reception of an Order (canon 984, 2°). Moreover, one who by reason of some defect is impeded from some exercise of an Order received is not therefore impeded from acts which can rightly be placed (canon 984, 2°); so that, for example, a blind priest can well hear confessions.

Note 3. In doubt whether some defect stands in the way of the reception or exercise of an Order, the Ordinary should be consulted (St. Alphonsus, VII, 414).

¹ With respect to partially blind priests, the Sacred Congregation of Rites established the following on January 12, 1921:

1. A partially blind priest, or one laboring under such weakness of visual power, whether accidentally or habitually, that he can read only very large type, can obtain from the Supreme Pontiff or the Sacred Congregation of Rites, unless the Bishop has been furnished with an apostolic faculty, a dispensation to celebrate either the votive Mass of the Blessed Virgin Mary or the Mass which they call the daily Mass of the Dead.

2. The conditions added in the instrument of a privilege of this kind are not mere matters of rituality and style, but obligatory in conscience.

3. If in the privilege it is said: Provided the petitioner is not entirely blind, and meanwhile he becomes blind, then he must abstain from celebrating Mass until he has obtained a new indult; and once this has been obtained, he is bound under grave obligation to use the assistance of another priest, although perhaps this obligation was not expressly added in the indult. After these things noted by the Sacred Congregation, the rules to be followed in celebration follow (A.A.S. 1921, p. 154-156).

III. From defect of mind: "Those who are or have been epileptic, insane, or possessed by a demon; but if after receiving Orders 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" (canon 984, 3°).

1. Epilepsy must be taken in the strict sense, so that it does not comprehend a certain disease of the stomach which carries with it certain signs of epilepsy. Furthermore, if the disease supervenes upon the priesthood and recurs rarely, for example only once in a month, without emission of sounds, foaming, and notable contraction of the body, the priest will be able to celebrate privately, with a fasting priest joined to him who may complete the Mass when the disease comes on (St. Alphonsus, VIII, 399). There are also those who judge that one who had been freed from epilepsy before puberty is not irregular. But this opinion is with difficulty composed with the words of the law, which states absolutely: "Those who are or have been epileptic."

2. Insanity is understood which flows from a permanent cause; but an insane person is irregular even if he has lucid intervals.

3. Possession by a demon; concerning which, see t. I, n. 700.

4. Just as those healed cannot receive Orders without the permission of the Holy See, so neither can they receive a higher Order without the same permission.

5. Under the name of Ordinary, of which the cited canon speaks, come both the Ordinary of the place and the major Superior in an exempt clerical religion (canon 198, § 1).

IV. From defect of sacrament: "Bigamists, namely those who have successively contracted two or more valid marriages" (canon 984, 4°). "It is said: from defect of sacrament, because he who has married two wives cannot aptly signify the union of Christ with the Church, His one spouse" (St. Alphonsus, VII, 436). This irregularity, at least with respect to some major Orders, is of apostolic origin, according to these words of St. Paul: "Therefore a Bishop must be irreproachable, the husband of one wife... Let deacons be husbands of one wife."¹

For irregularity it suffices that several marriages have been validly contracted; it is not required, however, that they have been consummated.

Note. One who before Baptism successively contracted several valid marriages seems, after Baptism has been received, to become irregular.

¹ 1 Tim. 3:2, 12.

V. From defect of reputation: "Those who are marked by infamy of law" (canon 984, 5°). It is called an irregularity from defect, because the infamy itself which induces irregularity is not a delict. What infamy of law is and who contract it, see in the treatise on ecclesiastical penalties.

VI. From defect of mildness: "The judge who has pronounced sentence of death" (canon 984, 6°). If a capital sentence has been established collegially, those judges are irregular who agreed to the capital penalty, not the others who cast a contrary vote. Furthermore this irregularity is not to be extended to a region where sentence of death, although pronounced, is nevertheless no longer carried into execution; nor to the case in which a leader in war orders someone to be killed without any military council having been held, because he does not proceed as judge. Nor are jurors irregular, since they pronounce sentence only about the truth of the fact, but do not establish the penalty.

Moreover, from defect of mildness the following is irregular: "Those who have undertaken the office of executioner and their voluntary and immediate ministers in the execution of a capital sentence" (canon 984, 7°). Among these are not counted: 1° soldiers who kill the enemy in battle, or by command of the leader or of a military council kill a guilty person, because they are not said to have undertaken the office of executioner; 2° those who, for example, erect the scaffold or lead the one condemned to death to the place of punishment, because they are not immediate ministers of the executioner; but indeed those who, for example, place the head of the condemned man under the machine, etc. (St. Alphonsus, VII, 461-468).

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:

S. Th., Suppl., q. 39.

One to be ordained must be immune from all censures, irregularities, and other impediments whatsoever. We spoke of censures above. But there is a difference between irregularity and a simple impediment, because an irregularity is of itself perpetual and perpetually impedes the reception of order, unless it is removed by dispensation; on the contrary, a simple impediment of itself is not perpetual and ceases in certain circumstances. Concerning these we shall speak briefly; more can be seen among the commentators on the Code, such as Blat, Vermeersch-Creusen, Claeys Bouaert-Simenon.

742. Irregularity (onbevoegdheid) etymologically is a departure from rule; hence, since in the present matter it is a question of sacred orders and the clerical state, he is called irregular who exists outside the category of those who are capable of being assumed to the clerical state, or, as the Council of Nicaea I speaks, alien from the rule or canon, i.e., from the register of the Church to which a cleric is ascribed through ordination. Hence irregularity is defined: an impediment, of itself perpetual, expressed in canon law, by which a baptized male is prohibited primarily from the licit reception of orders and secondarily from the exercise of orders received (can. 968 and 983).

Irregularity 1) is an impediment, whence it does not necessarily suppose fault, nor properly have the character of a vindictive penalty, but is an inability which is directly established on account of the dignity and decency of the sacred ministry as an end; - 2) perpetual, and thus it is distinguished from a simple impediment, which of itself can cease, while irregularity is not removed except by dispensation; - 3) expressed in canon law (can. 983), because ecclesiastical law has juridical origin, and thus it is distinguished from incapacities arising from divine law, which render ordination not only illicit but also invalid (n. 737); for which reason the Supreme Pontiff cannot incur irregularity; - 4) prohibiting from sacred ordination, under which name first tonsure also comes, to be received licitly, or, once received, to be exercised; so that it has a twofold effect and renders both the reception of orders and the exercise of orders received illicit (can. 968).

Therefore it is an impediment, not invalidating or diriment, but merely impeding from the reception of Orders or from the exercise of orders received, not however from acts of jurisdiction alone.

Hence both the one ordaining who promotes an irregular man and the irregular man who receives or exercises an order sin gravely, unless smallness of matter or grave inconvenience excuses.

In doubt concerning irregularity, if it is a doubt of law, irregularity is not contracted; in doubt of fact, the Ordinary can dispense in irregularities in which the Supreme Pontiff is accustomed to dispense (can. 15).

Irregularity arises proximately and by the fact itself, some from defect, some from personal delict; but on the part of the effect, it is total, which impedes the reception of every order or the use of every order received, as homicide does, or partial, which impedes only ascent to a superior order or only the exercise of some order: thus a priest deprived of a thumb without fault is prohibited only from celebration of Mass, but not from other acts, for example, the hearing of confession.

Since irregularities and other impediments are incapacities, from which no ignorance excuses unless it is expressly said (can. 16), hence:

1. "Ignorance of irregularities, whether from delict or from defect, and of impediments does not excuse from them" (can. 988).

2. Irregularities and impediments are multiplied like incapacities, when their causes are multiplied, unless provision is otherwise made; hence: "Irregularities and impediments are multiplied from diverse causes of the same, but not from the repetition of the same cause, unless it is a question of irregularity from voluntary homicide" (can. 989); therefore not from abortion, unless in a case in which it is certainly homicide.

3. All irregularities and impediments can be removed by dispensation, regularly to be conceded by the Holy See; nevertheless:

a) "It is licit for Ordinaries, by themselves or through another, to dispense their own subjects from all irregularities arising from occult delict, except that which is incurred from voluntary homicide or from abortion, or another deduced to the judicial forum" (can. 990, § 1); indeed the same privilege seems always to exist among regular confessors.

b) "The same faculty (with the same exceptions) belongs to any confessor in more urgent occult cases in which the Ordinary cannot be approached and danger of grave harm or infamy threatens, but only for this, that the penitent may licitly exercise orders already received" (can. 990, § 2).

c) Exceptionally Ordinaries, but not confessors, can also dispense from public irregularities, "if recourse to the Holy See is difficult and at the same time there is danger of grave harm in delay, and it is a question of a dispensation which the Apostolic See is accustomed to concede" (can. 81); indeed, as was said, in doubt of fact they can dispense from all irregularities in which the Supreme Pontiff is accustomed to dispense (can. 15).

Let it be noted from can. 991: § 1. In petitions for dispensation from irregularities and impediments, all irregularities and impediments are to be indicated; otherwise a general dispensation will indeed be valid also for those withheld in good faith, except an irregularity which arises from voluntary homicide or abortion, or another deduced to the judicial forum, but not for those withheld in bad faith.

§ 2. If it is a question of irregularity from voluntary homicide, even the number of delicts must be expressed under penalty of nullity of the dispensation to be conceded.

§ 3. A general dispensation for orders is valid also for major orders; and one dispensed can obtain non-consistorial benefices, even with care of souls, but cannot be named Cardinal of the Holy Roman Church, bishop, abbot or prelate nullius, or major superior in an exempt clerical religion.

§ 4. A dispensation conceded in the non-sacramental internal forum is to be committed to writing; and it must be recorded in the secret book of the Curia.

I say. No irregularity is ever incurred unless it is expressed in canon law.

Thus in the new Code it is clearly declared:

No perpetual impediment which comes under the name of irregularity, whether it is from defect or from delict, is contracted, except what shall have been expressed in the canons which follow (Can. 983).

And therefore the things which are named in canons 984, 985 alone come under the name of irregularities. However many other things there may be which by natural or divine law prohibit one from the clergy, unless they are found expressed in the new Code, they are not irregularities.

Caius, a physician, renounced the vanities of the world in order to enter a religious Order. Having become a priest, when he is called to the sick he does not hesitate to prescribe remedies suited to bodily diseases, so that not rarely he heals both the souls and the bodies of sick parishioners. Given the opportunity he also does the same for members of the household; indeed, once, in someone’s sudden danger, he amputated an arm. Nevertheless, a doubt occurs to other religious of the same Order whether all these things are lawful for priests. Hence it is asked:

1. Whether and to what extent are the medical and surgical arts prohibited to clerics?

2. Whether and how could a priest exercising those arts incur irregularity?

3. What is to be said of the case?

1. Are clerics forbidden to practise medicine and surgery, and how far?

According to the common opinion clerics are forbidden to practise medicine and surgery without an indult of the Holy See. Some, however, restrict the prohibition to studying medicine and surgery, and practising surgery.

1 Génicot, vol. ii, n. 36.

2. If a priest practised medicine and surgery could he become irregular and how?

He would become irregular if death followed from his performing a surgical operation which he is forbidden to do.¹

1 St. Alphonsus, lib. vii, 384.

3. The case. Caius had better restrict himself as a general rule to looking after the souls of his parishioners, and leaving the practice of medicine to lay doctors. Some religious Orders have a privilege of allowing their members who have studied medicine to prescribe for the sick where there are not suitable lay doctors. In the supposition that the case was one of necessity Caius was justified in amputating the arm, and as he did not commit sin by doing this, neither did he incur irregularity.²

2 Ibid., viii, n. 384.