Irregularity in General

123. Notion. Irregularity is an impediment established by ecclesiastical law, which of itself and directly prohibits the reception of orders, and indirectly their use, perpetually.

a. Irregularity is established of itself and directly on account of the dignity and reverence of the divine ministry, namely to avoid indecency in the same divine ministry. For the dignity and excellence of the Christian religion demand that its ministries be performed with great decency, lest the faithful be offended and their reverence toward sacred functions be diminished. For this end it was necessary that all be kept from sacred ministry who, according to the judgment of the Church, could not exercise it with due decency and dignity.

b. Therefore of itself irregularity does not have the nature of penalty, neither vindicative nor medicinal, but only of inability; the Roman Catechism calls it a stain,² which makes a man unfit to be received into the clerical state. Hence it happens that irregularity is frequently contracted without any fault.

c. Only an inability which has been introduced by ecclesiastical law is called irregularity; for irregularity affects those who by reason of natural and divine law are indeed fit for receiving orders, such as illegitimate persons, bigamists, etc., but by ecclesiastical law are kept from receiving them. But if it affects those who are prohibited from orders by divine natural or positive law, by divine law they are indeed unfit or unworthy, yet not irregular. Hence it is held as an axiom: no irregularity is incurred unless it is expressed in law.³

d. By the name of order from which irregularity keeps one, first tonsure also is understood; for although this is not properly an order, nevertheless by statute of law first tonsure also is here comprehended under the name of order,⁴ because it would be given in vain to those who are kept from orders.

e. Perpetually. Whether perpetuity belongs to the nature of irregularity is disputed; but the opinion of those who with Laymann establish that temporary impediments which can cease by the fact itself without dispensation, such as the impediment of age, knowledge, canonical title, etc., are not irregularities properly so called, seems to be preferred.⁵

f. It prohibits of itself: for although censure also often prohibits from receiving or exercising orders, nevertheless it does this not of itself, but consequently to the penalty imposed; irregularity, however, is established of itself and directly for keeping the unfit from the clergy.

¹ Suarez, De censuris, Disp. 40. Laymann, Theol. moralis l. 1. tr. 5. part. 5. De irregularit. Holzmann, Theolog. moralis t. III. tr. 2. disp. 3. De irregularit. St. Alphonsus l. 7. n. 231 ss. Gasparri, De sacra ordinatione I. n. 155 ss. Hilarius a Sexten, De censuris eccl. (Mainz, Kirchheim, 1898). Appendix de irregularit. Ballerini-Palmieri, Opus theol. mor. VII. c. 5. Boeninghausen, De irregularitatibus, 3 fasc. (Munster, Theissing, 1863). Fr. Wernz, Ius decretalium II. p. 118 ss. Eichert, Die Anfange der Irregularitaten (Freiburg, Herder, 1901).

² De baptismo n. 57.

³ C. Is qui 18. De sentent. excomm. in 6. (V. 11).

⁴ C. Cognoscamus 14. dist. 34.

⁵ Cf. Gasparri I. n. 169.

124. Effects of irregularity. 1. The immediate effect of irregularity is that of itself and directly it impedes the reception of orders: for of itself it keeps one from the clerical state; but indirectly it also impedes the exercise of orders received. For he who is prohibited from receiving orders is consequently prohibited also from exercising orders, if as irregular he has received any or already had them.

Irregularity now does not prohibit the exercise of all orders, but only of sacred orders: for since today the offices of minor orders are commonly performed by laymen, it has happened that irregular clerics are no longer kept from their exercise.

2. Irregularity does not render the reception of orders invalid, but only illicit, since it is not an invalidating impediment, but only a prohibiting one.

Therefore both he who promotes an irregular person, even to tonsure alone, and the irregular person who receives or exercises an order, sin gravely, unless smallness of matter or grave inconvenience excuses, because both transgress a precept of the Church in a grave matter.

3. Irregularity prohibits the collation and reception of a benefice to which there is annexed an office which the irregular person is forbidden to exercise.

a. Since a simple benefice does not have annexed the exercise of sacred order, but only the recitation of hours or an office which even an irregular person can exercise, therefore it can of itself licitly be conferred upon an irregular person and accepted by him.

b. Authors dispute whether the collation and acceptance of a benefice which requires the exercise of sacred order is only illicit or also invalid. The opinion denying that the collation is invalid is probable, because by no certain law can it be proved that a collation of this kind is invalid. Wherefore both he who confers such a benefice upon an irregular person and the irregular person who accepts it indeed sin, but the collation and acceptance are valid.¹

4. A supervening irregularity does not render one incapable of retaining or receiving ecclesiastical jurisdiction, whether ordinary or delegated. Wherefore an irregular person can also licitly exercise acts of jurisdiction which do not require the exercise of order; thus he can confer upon another the faculty of absolving, can dispense in vows, etc.

¹ Cf. Gasparri I. n. 172 ss.

125. Division of irregularity. 1. One irregularity is from defect, which proximately arises from defect of a quality required for the reception of orders; another is from delict, which proximately arises from one's own delict. For the indecency which irregularity intends to guard against can arise both from defect alone without delict and from delict.

a. Irregularity from defect sometimes supposes a delict, whether another's, as irregularity from defect of birth, or one's own, as infamy contracted on account of an enormous delict.

b. Although irregularity from delict is not a penalty, nevertheless it has itself after the manner of penalty: for it is inflicted on account of fault, namely insofar as from certain delicts a stain is contracted which renders the delinquent incapable for sacred ministry. Wherefore, if fault is not present, neither is irregularity present; and what excuses from fault likewise excuses from contracting irregularity.

c. Sometimes it is uncertain whether an irregularity is to be numbered among those which arise from defect or among those which arise from delict. But if each is probable, the irregularity is to be called from delict, both because this is more difficultly contracted, and because dispensation is more easily granted in it.

2. Irregularity is either total, which impedes the reception of every order or the use of every order received, as homicide; or partial, which impedes either only ascent to a higher order or only the exercise of some order. Thus a deacon who lacks the left eye, according to the opinion of some, is incapable for priesthood, yet can exercise his own order; and a priest who without fault is deprived of a thumb is prohibited only from celebration, but not from hearing confessions.

3. Irregularity is perpetual, which of itself always endures unless it is removed by dispensation; and it is temporal, which endures only for some time, because it ceases either spontaneously or by the effort of the irregular man, as irregularity from defect of age or from defect of knowledge.

Note. Concerning these divisions it must be noted that only total and perpetual irregularity is irregularity properly so called; others ought to be called irregularities improperly. For it belongs to the nature of irregularity that it simply keep one from the clerical state or from the exercise of clerical ministry, unless it is removed by dispensation. But he who is entangled by partial or temporal irregularity is not simply kept from the clergy or from clerical ministry. What keeps one only partly from clerical ministry is rather a prohibition or privation, and is called irregularity only improperly.

126. Subject of irregularity. 1. The subject of irregularity is every and only baptized male subject to ecclesiastical law.

Because only a baptized male is capable of order, therefore he alone is called the subject of irregularity. Therefore all baptized male human beings, whether laymen or clerics, even bishops and cardinals, can contract irregularities established in law; but neither the supreme pontiff nor boys before the completed seventh year, because they are not subject to common law. Therefore one mutilated, e.g. before baptism or before the use of reason, is not irregular except fundamentally, i.e. he has a defect on account of which, when baptism or the use of reason has been received, he becomes formally irregular.

2. Someone can contract several irregularities at the same time, all of which must be expressed in the petition for dispensation. But irregularities are multiplied: a. from causes diverse in species; b. but if the cause is of the same species, irregularities from defect are not multiplied; c. irregularities from delict, however, are multiplied from repeated acts upon a diverse subject, but not from repeated acts upon the same subject.

a. From homicide and repetition of baptism, likewise from defect of birth and defect of liberty, a twofold irregularity is contracted, because there is a twofold diverse cause.

b. A judge who has condemned ten men to death contracts one irregularity from defect of lenity.

c. He who rebaptizes several times, or who commits several homicides, contracts several irregularities.

d. He who several times rebaptizes the same person contracts only one irregularity; likewise a suspended person who celebrates several times.

3. All irregularities, once the required conditions have been placed, are contracted by the fact itself, even if the action on account of which it is contracted is entirely occult: for there is no irregularity which by disposition of law demands a sentence of a judge, not even a declaratory one.

127. Conditions required for contracting irregularity. 1. That the irregularity be certain; therefore a doubtful irregularity, whether the doubt is of law or of fact, is no irregularity: for impediments, as odious things, are not to be established unless they are certainly established. Nevertheless an irregularity contracted from homicide is excepted.

a. Although one who has a doubtful irregularity can licitly receive orders, nevertheless in doubt of fact it is to be advised that dispensation be sought, lest the one ordained be impeded in the exercise of order if perhaps afterward the fact itself, and therefore the irregularity contracted, has been established.

b. By disposition of law irregularity is contracted in doubt of fact concerning homicide, i.e. if someone doubts whether he committed homicide. Nevertheless two things must be noted concerning this matter:

a. The disposition of law refers to this doubt of fact, namely if someone is indeed certain concerning the homicide, e.g. concerning the abortion that followed, but doubts whether his action was its cause; for he who doubts concerning the homicide itself is not irregular.

b. This disposition of law affects priests alone and keeps them from celebration alone, but not from other ministries. Therefore a layman who doubts whether a homicide certain in itself has followed from his action is not irregular.

2. That the action by which irregularity from delict is contracted be gravely culpable: for since irregularity from delict is after the manner of penalty, the law establishing this irregularity must be restricted to a gravely sinful act; but irregularity from defect is contracted without fault.

3. That the action on account of which irregularity is contracted, whether from delict or from defect, be external and consummated, because there is question of an odious law.

a. Therefore everything that excuses from mortal sin also excuses from irregularity to be incurred from delict, such as inadvertence, good faith, smallness of matter, grave fear, ignorance, concerning which a special question follows.

b. Therefore just as no one becomes irregular on account of a merely internal intention of killing another, so also on account of a gun discharged at an enemy no one incurs irregularity unless he has in fact killed or mutilated him. Likewise, to contract irregularity from defect on account of a sentence of death, it is required that the action be external and consummated.

128. Whether ignorance excuses from contracting irregularity. 1. Ignorance does not excuse from contracting irregularity from defect, not even invincible ignorance: for irregularity from defect is mere inability; but inability is contracted even by those who are ignorant of the law.

2. Ignorance of the ecclesiastical law prohibiting the delict certainly excuses from contracting irregularity from delict, unless it was crass.

a. The delicts on account of which irregularity is inflicted are already prohibited by the law of nature, which cannot be unknown to the delinquent. The question concerns ignorance of ecclesiastical law, which is twofold: prohibiting the delict and inflicting irregularity after the manner of penalty.

Of itself, indeed, knowledge of ecclesiastical law would not be necessary for contracting irregularity, because there is no question of punishing contumacy against the power of the Church, but of removing the indecency which crime induces, even if it is committed against natural law alone. Nonetheless it must be said that ignorance excuses from contracting irregularity.¹

b. The positive reason for this opinion is drawn from the disposition of law: for it is established that the Church established this irregularity in such a way that it would not be incurred by those who were ignorant of the law of the Church.² Suarez (l. c.) proposes the internal reason in this way: irregularity which has the nature of penalty is not inflicted except upon a transgressor of law; but certainly not upon a transgressor of natural law, but upon a transgressor of ecclesiastical law. But one who is ignorant of ecclesiastical law does not transgress ecclesiastical law. Therefore irregularity is not inflicted upon those who are ignorant of the law of the Church. For the Church, establishing a penalty on account of a delict prohibited by the law of nature, adds a new law to divine law. Therefore one who sins with ignorance of ecclesiastical law indeed sins against divine law and incurs the penalty of divine law; but he does not sin against ecclesiastical law and does not incur the penalty of ecclesiastical law.

3. Ignorance of the ecclesiastical penalty alone, namely irregularity, probably also excuses from contracting irregularity from delict, unless it was crass: for irregularity has the nature of a vindicative penalty, and indeed of an extraordinary and exorbitant one, since it is very hard to be perpetually kept from certain offices; but a vindicative penalty, if it is extraordinary and exorbitant, is not incurred by those ignorant of it.

¹ Suarez, De censuris disp. 40. sect. 5. n. 10.

² C. Proposuisti 2 dist. 82, from which it is established that the supreme pontiff Innocent I declared incontinent clerics, whom Pope Siricius had made irregular, immune from irregularity because they had been ignorant of the law of Siricius, but declared them affected by irregularity if after the law had been known they had sinned against it.

129. Note. The older theologians, in recounting irregularities, not rarely exceed measure. Further, to eliminate those which have been invented gratuitously, and to establish those which really exist, one must especially insist first upon the principle that there is no irregularity which is not expressed in law; then irregularity, especially that which is from delict, must be carefully distinguished from suspension, with which it can easily be confused.¹ For suspension is a censure which is directly inflicted on account of fault; irregularity is a canonical impediment which is directly established on account of reverence for the divine ministry. Suspension affects clerics alone; irregularity affects clerics and laymen. Suspension primarily keeps one from the exercise of order or jurisdiction, or from a benefice; irregularity primarily keeps one from the collation and reception of orders, and only secondarily from the exercise of orders and from the collation of a benefice. Suspension removes jurisdiction; irregularity does not remove it. One violating suspension through the exercise of order becomes irregular; one violating irregularity contracts no irregularity.

¹ Cf. D'Annibale, Summula I. n. 399 s. Gasparri I. n. 175 s.

479. Notion. Division. 1. An irregularity is a perpetual impediment established by ecclesiastical law which renders the reception and exercise of orders illicit.¹

a. Irregularity is established per se and directly on account of the dignity and reverence of the divine ministry, namely for avoiding indecency in the divine ministry. For the dignity and excellence of the Christian religion requires that its ministries be performed with great decorum, lest the faithful be offended and their reverence toward sacred functions be diminished. Hence it is a noble work that from the sacred ministry all those should be kept away who, according to the judgment of the Church, cannot exercise it with due decorum and dignity.

b. Therefore an irregularity per se does not have the nature of a penalty, nor even of a vindicative medicinal penalty, but of such an inability or incapacity, which the Roman Catechism calls inhabilitas, that renders a man unsuitable to be taken into the clerical state. Hence it happens that an irregularity is often contracted without any fault.

c. By the name of orders, from which irregularity keeps one away, first tonsure is also understood; for although this properly is not an order, nevertheless by this name it is comprehended here, because it is given in vain to those who are kept away from orders.

2. Division. a. One irregularity is from defect, which proximately arises from a defect of quality required for the reception of orders; another is from delict, which proximately arises from one's own delict. For the indecency which an irregularity intends to guard against can arise both from defect alone without delict and from delict.

An irregularity from defect sometimes supposes delict, either another's, as an irregularity from defect of birth, or one's own, as infamy contracted because of an enormous delict.

b. Irregularity is either total, which impedes the reception of every order or the use of every order received, as homicide; or partial, which impedes only ascent to a superior order or only the exercise of some order. Thus a deacon who lacks his left eye can be incapable of the priesthood, but can exercise his own order; and a priest who without fault is deprived of his thumb is prohibited from celebrating, but not from hearing confessions.

¹ Cn. 983.

480. Assertions. 1. The subject of irregularity is every baptized male and only a baptized male, subject to ecclesiastical law.

Therefore all baptized males, whether laymen or clerics, even bishops and cardinals, can contract irregularities by the law as established; but neither the supreme pontiff nor boys before the completed seventh year, because they are not subject to common law. Therefore one mutilated, e.g., before baptism or before the use of reason, is not irregular except fundamentally, that is, he has a defect because of which after baptism or the use of reason he becomes formally irregular.

2. Irregularity primarily prohibits the reception of orders, and secondarily also the exercise of orders received. Yet an irregularity supervening on orders already received prohibits the exercise only of those orders for the exercise of which a man has been made incapable, or which he cannot exercise without offense and scandal. Therefore nothing prevents the man who cannot celebrate publicly without scandal from celebrating privately, or the man who cannot celebrate from hearing confessions.

3. Irregularity does not render the reception of orders invalid but only illicit, since it is not an invalidating impediment but only prohibiting.

Therefore both he who promotes an irregular man, even to tonsure alone, and the irregular man who receives or exercises order, sins gravely, unless smallness of matter or grave inconvenience excuses, because each transgresses a precept in a grave matter.

4. There is no irregularity, whether from defect or from delict, which has not been expressly set forth in the Code.¹ There are also other inabilities for receiving orders, such as blindness, impotence of celebrating, and psychopathy, which nevertheless are not called irregularities, because by ecclesiastical law alone irregularities are established.

5. Ignorance of irregularities, whether from delict or from defect, and of simple impediments, does not excuse from contracting them.²

6. Someone can contract several irregularities and impediments at the same time. Irregularities and impediments are multiplied from their diverse causes, but not from repetition of the same cause, unless there is question of irregularity from voluntary homicide.³

A Catholic man who defects from the faith and at the same time gives his name to an acatholic sect is irregular in two ways: because of infamy of law⁴ and because of defection from the faith.⁵ On the other hand, a judge who condemned ten men to death contracts one irregularity.

7. Irregularities and impediments, when the required conditions have been placed, are contracted ipso facto, even if the action because of which they are contracted is entirely hidden; for there is no irregularity which from the disposition of law requires a sentence of a judge, not even a declaratory one.

Article Two.. Concerning Irregularities from Defect.

The defects which from the new Code constitute irregularity are these seven: a. defect of legitimate birth; b. defect of body; c. defect of soul; d. defect of sacrament; e. defect of reputation; f. defect of lenity in judgment; g. defect of lenity in bloodshed.

¹ Cn. 983.

² Cn. 988.

³ Cn. 989.

⁴ Cn. 984, 5.

⁵ Cn. 985, 1.

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).

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.

ACCORDING to Canon 985, the following are irregular from crime. These crimes, however, do not cause irregularity unless they were grave, external sins, whether public or occult, and committed after Baptism, except in the case of receiving Baptism from non-Catholics (Can. 986).

As a general rule irregularities cease only by dispensation granted by the Holy See through the Sacred Congregation on . the Discipline of the Sacraments for the external forum, and through the Sacred Penitentiary for the internal forum.

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:

I. Power of dispensing. 1. Ordinaries can by themselves or through another dispense their subjects from all irregularities arising from occult delict, excepting that which arises from voluntary homicide or abortion, or another brought to the judicial forum (canon 990, § 1). Now under the name of Ordinaries come both Ordinaries of places and major Superiors of an exempt clerical religion (canon 488, 8°). An irregularity is brought to the judicial forum when the party is either summoned to court or cited, or spontaneously presents himself before the judge (canon 1711).

2. Any confessor can dispense from irregularities arising from delict in more urgent occult cases - excepting, however, voluntary homicide or abortion and others brought to the judicial forum - in which the Ordinary cannot be approached and danger of grave harm or infamy threatens, but only for this purpose, that the penitent may licitly be able to exercise Orders already received (canon 990, § 2). Under the name of confessor comes everyone who enjoys sacramental jurisdiction. But he can dispense those to whom his jurisdiction extends, and this, as is now commonly admitted, even outside confession.

3. By common privilege: 1° Regular Prelates, with respect to their subjects, enjoy the same faculty which belongs to Bishops by common law, according to what was said under 1.¹ 2° Regular confessors possess a similar faculty with respect to seculars (St. Alphonsus, VI, 355; De privilegiis, n. 104).

4. By proper or communicated privilege, Regular Ordinaries can dispense all their own from every irregularity. This power, which is sometimes reserved to the Superior General, is valid only for the internal forum alone, if the irregularity has arisen from voluntary homicide.² Indeed every year, on Monday after the first Sunday of Lent, local Superiors of Regulars, by themselves or through confessors to whom they have committed this, can dispense their subjects, even novices, living within the cloister under obedience, in every irregularity contracted on any occasion or from any cause.³ So Vermeersch-Creusen.⁴

Yet note that, if it is a question of enormous excess or defect, recourse must be had to the Holy See, according to the norm of the ancient law stating: In a general grant there do not "come those things which someone would not likely grant in particular."⁵

Note. The Sacred Consistorial Congregation, in the Decree Redeuntibus, established these things:

"1° To all Ordinaries of places and of religious there is granted the faculty of dispensing from irregularity from defect of body with their priests returning from military service, as often as from the written testimony of the master of ceremonies who has subjected the priest to examination it is plainly established that he can, without another's help, observe with decorum all the necessary rites prescribed in the celebration of Mass; the conscience of the same Ordinaries being burdened concerning this. But in graver or doubtful cases, and as often as it is a question of those not promoted to the priesthood, recourse must be had to the Holy See.

"2° Likewise to all Ordinaries there is granted the faculty of dispensing, at least for precaution, from the irregularity which formerly was called by canonists from defect of mildness, as often as priests, clerics, and students of seminaries or religious institutes have fallen into it not from their own act but from necessity, namely compelled to take up arms and perhaps to inflict death or mutilation. But as often as it is a question of clerics in sacred Orders who, not compelled by necessity of the laws, have offered themselves of their own accord to take up arms, or have taken them up, recourse must be had to the Holy See for dispensation, with the prescription of canon 188, n. 6° remaining firm."⁶

Finally the same Sacred Congregation responded affirmatively to the doubt: "Whether clerics in sacred Orders assigned to the assistance of wounded or sick soldiers, who from this ministry preferred of their own accord to pass over to fighting military service, yet without inflicting death or mutilation, are bound, according to the mind of the Decree Redeuntibus, to obtain a dispensation from the Holy See in order to be restored to the exercise of sacred ministry."⁷

Since it is not clear that a true irregularity is had in the foregoing, a dispensation is not required except for precaution; or, too, the word dispensation can be taken in a broader sense, namely for permission; and this permission is prescribed so that someone who perhaps became unworthy in war may not exercise ecclesiastical functions.

¹ Sixtus IV, Constitution Regimini universalis, August 31, 1474, n. 14; Julius II, Constitution Virtute conspicuos, July 28, 1506, n. 27; Paul III, Constitution Licet debitum, October 18, 1549, n. 27; Gregory XIV, Constitution Illius qui, September 21, 1591, n. 27; Leo XII, Constitution Plura inter, July 11, 1826, n. 2.

² Cf. Pius V, Constitution Dum ad Congregationem, June 13, 1571.

³ Cf. Paul III, Brief Exponi nobis super, March 12, 1545.

⁴ Epitome Iuris Canonici, II, 261.

⁵ Rule 81 in VI; cf. Clement IV, Constitution Virtute conspicuos, July 21, 1265, n. 11.

⁶ October 25, 1918 (A.A.S. 1918, p. 481).

⁷ March 28, 1919 (A.A.S. 1919, p. 177).

The Hierarchy of Orders and Jurisdiction.—The Orders of the clergy may be considered, not only in reference to power over the real Body of Christ (i.e., the Eucharist), but also in reference to power over the mystical Body of Christ (i.e., the Church). Those who have power over the members of the Church belong to the hierarchy, and this is understood in two senses:

(a) the hierarchy of Orders is composed of those who receive in Ordination a permanent superiority over others in reference to the worship of God and the sanctification of souls by the ministry of the Sacraments. From divine institution this hierarchy is composed of the three ranks of bishops, priests, and deacons; and from ecclesiastical institution of the lower clergy in Orders. Thus, the deacon is able to baptize and administer Communion as extraordinary minister; the priest is the ordinary minister of Baptism and the Eucharist, and only a priest can act as minister of Penance and Extreme Unction; the bishop is the minister, not only of the Sacraments mentioned, but also of Confirmation and Orders;

(b) the hierarchy of jurisdiction is composed of those members of the Church who receive in their accepted election or canonical commission a power over the faithful which can be lost or resigned, and which relates to the instruction and government of subjects in matters of faith and morals. From divine law this hierarchy is composed of the Supreme Pontificate and the subordinate Episcopate; from ecclesiastical law there are other ranks of authority, such as those of parish-priest, prelate, abbot, archbishop, primate, patriarch and cardinal.

As regards censures and irregularities. - Bishops can, by themselves or by another specially deputed, absolve subjects from hidden papal cases, except those which are reserved in a special way to the Supreme Pontiff. From the Declaration of S. O., 17 June 1866 and 4 Apr. 1871, there is also excepted the case of a person of whatever sex falsely denouncing a priest concerning the crime of solicitation in confession. They can likewise absolve those who strike a cleric lightly; and, if these are living collegially, although the striking was grave, but not if it was enormous. From the same censure they can also absolve those who are impeded from going to Rome. Cf. vol. 2, n. 1182. Various cases, however, are reserved to them by the law itself. C. Apost. Sedis; Decr. S. C. C. concerning the trafficking of Masses, etc. Cf. vol. 2, de Censuris.

They can besides dispense in all irregularities, and absolve from all suspensions incurred on account of hidden delict, except voluntary homicide, and other matters brought to the contentious forum. Trent, s. 24, c. Liceat. Probably they can dispense also in doubtful irregularities from defect. Moreover they can dispense in non-hidden irregularities from defect of birth for minor orders and simple benefices. As regards inabilities enjoined by Pontiffs as penalty, whether they can dispense is disputed, and the matter is very doubtful. Concerning homicide, "the common opinion is that the Bishop can dispense when danger of soul is imminent; or another most grave cause, and it would be difficult to have recourse to the Pontiff, etc." L. 51, 29, 35, 46, 47, 49, 52, 53; l. 3, n. 397; l. 6, n. 593, 705; l. 7, n. 353, 392, 394; E. M.

As regards irregularity. - "Regulars can dispense with their subjects in all hidden irregularities in which Ordinaries can dispense with their diocesans. And they can do the same with seculars." L. 104. "They can besides dispense with subjects in any irregularity, either on account of delict or on account of defect," namely those which are usually regularly dispensed. L. 105; Frassinetti, Comp., 6th ed., vol. 2, n. 681. In the cited place the Holy Doctor soon descends to particular cases, concluding: "Finally regulars can dispense with their subjects in all inabilities and penalties contracted by reason of delict... even if those are reserved to the Pontiff." Cf. L. l. 7, n. 355, 358, 364, 396; Lehmkuhl, 11th ed., vol. 2, n. 834.

What is irregularity? Irregularity is defined: a canonical impediment by which someone is directly and primarily interdicted from the reception of orders, and consequently from their use. Impediment, i.e., a certain incapacity, not invalidating but merely prohibiting, since it is only an incapacity for receiving and exercising orders with due honor and reverence. St. Thomas, supplement, q. 39, art. 4, ad 2. Therefore irregularity is not a censure. Nor is it properly a penalty, but an impediment arising from a stain and mark against the dignity of divine ministry. And if at any time it is imposed also by way of penalty, it is not medicinal, but merely punitive. Chap. Quaerenti 20, de Verb. Sign.; L. 341. Canonical: for the impediments which prohibit someone from orders are some by natural law, as in the mute; some by divine law, as in women; and finally some by canonical law, as in illegitimate persons. Now irregularities properly consist not from the former, nor from the latter, but from these. Chap. Is qui 18, de Sent. exc. in 6. From the former there is rather impotence and incapacity, or even unworthiness, than merely an impediment. Canonical: therefore irregularity supposes a person capable by natural and divine law. Nevertheless irregularity is often taken more broadly also for unworthiness and for incapacity properly so called.

By which someone is directly and primarily interdicted from the reception of orders: hence irregularity is distinguished from excommunication, which directly deprives of the communion of the faithful; from interdict, which directly deprives of divine offices; from suspension, which directly deprives of the functions of order. Interdicted from the reception, i.e., only from the licit reception of orders; therefore those conferred are valid. Chap. Innotuit nobis 3, de Eo qui furt. Consequently it prohibits from their use, namely from the exercise of major orders.

Chap. Henricus 2, de Cleric. pugn.; chap. Quaesitum 17, de Temp. ordin. And indeed it would be absurd to exercise with impunity an order which someone is prohibited from receiving. Of major orders, because minor orders today are customarily exercised even by laymen. L. 342. St. Thomas, supplement, q. 39, art. 1; Suarez, de Censur., disp. 40, sect. 1, n. 2.

Of how many kinds is irregularity? Irregularity is twofold: one which proceeds from delict; another from some inculpable defect. Likewise one is total, which impedes every order to be received and every exercise of order already received, such as homicide and bigamy; another partial, which prohibits only from some ministry of order, or only from ascent to a higher order. Besides, one is for a time, which ceases of itself; another perpetual, which endures indefinitely of itself. Irregularity which is total and perpetual is irregularity properly. For irregularity in itself bars from the clergy. It follows the person everywhere, and is destroyed only by the authority and dispensation of the Church. But that which is partial, or for a time, is only improperly irregularity; for it does not simply bar from the clergy. It is rather a certain prohibition, as for example defect of knowledge or of age. Cf. 1214. L. 341, 1318.

How is irregularity removed? Irregularity can be removed in four ways: 1. by cessation of the cause, if the irregularity is less properly and perfectly such, from defect, e.g., of age, ignorance, etc.; 2. by baptism, if the irregularity is from delict. But baptism rather prevents irregularity than removes it. For an infidel is not irregular, since he is not subject to the law of the Church; 3. by dispensation. And this is the proper way of removing irregularity. For irregularity is constituted by canon law. Therefore its removal, since it is a grace, is verified only by dispensation; 4. by religious profession, which removes not every irregularity, but only one, which is from defect of birth, and not even in order to prelacies, although regular. But this privilege granted to religious profession is equivalent to dispensation.

Irregularity is removed by this or a similar form: I dispense with you concerning the irregularity, or irregularities if there are several, into which, on account of such a cause or such causes, expressing them, you have incurred, etc. Cf. Roman Ritual, de Sacr. poenit., etc. No dispensation needs a form of words; indeed it can be given without words by the thing itself and fact, e.g., if a Bishop knowingly and prudently grants to one irregular from occult delict dimissorial letters for orders, or ordains him.

A confessor can dispense in no irregularities unless he has a special faculty. Nevertheless he can dispense concerning an occult irregularity, when it occurs, in the cases comprehended in the Decree of the Holy Office, June 23, 1886, namely in truly more urgent cases in which dispensation cannot be deferred without danger of grave harm, scandal, or infamy. Holy Office, September 6, 1909. A Bishop can, from Trent, sess. 24, chap. 6, dispense in irregularities proceeding from occult delict, unless nevertheless it is voluntary homicide, or unless the irregularity has been brought into the contentious forum; not likewise, regularly, in irregularities from defect. A Bishop can also dispense in all doubtful irregularities. Regulars generally can, from various privileges, dispense in the same irregularities in which Bishops can dispense, whether with their own subjects or with seculars. Comp. Priv. S. I., v. Dispensatio, n. 164 ff. The Supreme Pontiff dispenses in every irregularity of ecclesiastical law. For the external forum recourse must be had to the Sacred Congregation of the Council for irregularity from delict, to the Sacred Congregation of the Sacraments for irregularity from defect; and for the internal forum recourse must be had to the Sacred Penitentiary. Benedict XIV, Constitution Pastor bonus, April 13, 1744. L. 352-355, 396, 400, 469; Sacred Consistorial Congregation, February 27, 1909; November 28, 1911.

What is required for incurring irregularity from delict? In order that irregularity from delict be incurred, i.e., from one's own delict, the human act must be: 1. external, for this irregularity is a penalty in the external forum; 2. mortally evil, because it is a grave penalty, to which light fault does not correspond; 3. fully consummated, for odious things are to be restricted. L. 348. But it is by no means required that the crime be public. Rather irregularity is incurred because of a crime even occult. Trent, sess. 24, chap. Liceat 6; L. 349. But is knowledge of the law of the Church prohibiting required? The most common and more probable opinion affirms; because this irregularity is a true penalty. Chap. Proposuisti, Dist. 82; L. 350. Is knowledge of the penalty, or of the irregularity, also required? It is controverted; and it must be affirmed with sufficient probability, because irregularity is as it were an extraordinary penalty. L. 351; book 6, n. 705. But as ignorance excuses from irregularity as from a penalty, so fear also excuses. Irregularity, however, is not had from any delict whatsoever, although enormous, but only from delicts constituted in Law, namely from the following:

From bad reception of baptism he is irregular who in adult age is baptized by a declared heretic without any necessity; for he seems to communicate in his error. Chap. Ventum est 18, causa 1, q. 1; chap. Qui in qualibet 10, causa 1, q. 7. This irregularity impedes the reception of all orders and consequently their exercise.

Besides, he is irregular who defers being baptized until the danger of death, for it is a sign of weak faith; hence it is rather an irregularity from defect, i.e., from defect of faith, as regards which otherwise the Bishop will judge. They were called clinici who deferred receiving baptism until the bed of death. Chap. Si quis un., Dist. 57; Suarez, disp. 43, sect. 3, n. 6.

Because of exercise of order, a cleric becomes irregular who knowingly and solemnly exercises a sacred order which he does not have. Chap. Si quis 1, chap. Ex litteris 2, de Cler. non ord. min.

He who has exercised an order which he does not have is irregular as regards the reception of that order, and from the exercise of the principal order which he has he is suspended for two years or three years at the judgment of the Bishop, by whom he will be able to be dispensed in benefice. Cited chap. 2.

A cleric who is not a deacon incurs this irregularity by singing the Gospel with stole, or if one who is not a priest absolves sacramentally, etc. On the contrary, a layman exercising an act of order which he does not have does not incur irregularity. Nor does a simple priest incur irregularity by receiving Confessions, because here he truly exercises an act of order which he already has, although he lacks jurisdiction. Hence he indeed sins, but does not incur irregularity. For the same reason a deacon solemnly baptizing without the delegation of a priest outside the case of necessity indeed sins, but does not incur irregularity. L. 359; book 6, n. 116.

Because of violation of censure, he becomes irregular who exercises the sacred order which he has while he is entangled by major excommunication, or interdict, or suspension, by which he is prohibited from the exercise of orders, provided nevertheless that he does this knowingly and seriously and solemnly. Chaps. 1, 18, 20, de Sent. exc. in 6. Exercises; not likewise he who receives. Interdict, special personal, not general, which is not a censure in the proper and strict meaning. Suspension; not one which is rather a privation or mere penalty.

A priest also incurs this irregularity who knowingly celebrates in a place interdicted by name. Chap. Is qui 18, de Sent. exc. in 6, § 1. Interdicted; not polluted. According to the common opinion a censured Bishop or priest compelling another to celebrate before himself also incurs this irregularity, from chap. Tanta 18, de Exc. prael. and from chap. Illud 5, de Cler. exc. min. L. 175, 358; Suarez, disp. 12, sect. 1, n. 5 ff. Others nevertheless deny this irregularity. Diana, part 4, tract. 2, res. 57; Suarez, disp. 34, sect. 4, n. 17. Approved confessors having the faculty-list of the Sacred Penitentiary can dispense from this irregularity. Cf. this faculty-list; Lugo, Resp. Mor., book 2, dub. 10.

From inflicted mutilation of a member irregularity is had if someone, namely by grave fault, mutilates either himself or another, or positively and efficaciously cooperates toward mutilation of this kind. Chaps. 3, 4, 5, de Corp. vit.; Clementina Si furiosus un., de Hom.; L. 365, 379, 388. Most commonly and more probably they say that by the name of member are understood only those parts of the body which have their own office, distinct from others, such as hand, foot, eye, tongue. But mutilation is understood here when the aforesaid member is separated from the body. L. 365, 379. In this irregularity because of mutilation Bishops can well dispense, if it is occult and from delict, from the faculty of Trent, sess. 24, chap. Liceat 6, where only irregularity on account of voluntary homicide is excepted. L. 381, de Priv. 51; Suarez, disp. 44, n. 2, n. 4.

Irregularity is incurred from homicide. In this matter homicide can occur in three ways: justly, accidentally, unjustly. For just homicide no irregularity is incurred, since then no fault is had. L. 382, 388, 389. For merely accidental homicide no irregularity is also incurred, whether it happens while giving work to a lawful thing or to an unlawful thing. The reason is that such homicide then is not voluntary. But laws establishing irregularity from homicide intend to punish those truly delinquent by the fault of homicide. Clementina Si furiosus un., de Hom. But irregularity is incurred first, if the action is lawful, but the effect is foreseen, and sufficient diligence is not applied to prevent it, namely such diligence as would excuse from grave sin. L. 366, 377, 382, 383-386. Second, if the action is unlawful and commonly dangerous of death, although all diligence is applied lest the foreseen death follow, because since the work is of itself proximately dangerous, no diligence can make it not dangerous. L. 386, 387; book 3, n. 398. If the homicide is unjust, whether directly willed in itself or indirectly willed in a cause inseparably and proximately joined with homicide, irregularity is incurred. Chap. Si quis 1, de Hom.; Trent, sess. 14, chap. 7, de Ref.; L. 365; book 3, n. 628.

All those incur irregularity who by their own action kill a man. Chap. Si quis 1, de Hom.; Trent, sess. 14, chap. 7; L. 367, 368, 369. Likewise all those incur irregularity who command homicide, or counsel it, truly influencing the homicide, and others cooperating in any way efficaciously and positively. Chap. Si quis viduam 8, Dist. 50; chap. Significasti 18, de Hom.; chap. Sicut 6, same title; L. 370-376.

Irregularity contracted through homicide is removed by baptism; or rather, sin having been destroyed by baptism, irregularity is not had. Chap. Si quis, Dist. 50; and by dispensation of the Supreme Pontiff. L. 390. But Bishops, if the homicide was voluntary, can in no way dispense in the irregularity, even if it was occult. Trent, sess. 24, chap. Liceat 6; sess. 14, chap. 7; L. 391, 392. But if the homicide was accidental, it is very probable that the Bishop can dispense in the irregularity contracted from it when the crime was occult, since the Council in the said chap. Liceat denies to Bishops the faculty of dispensing only if the homicide was voluntary, as distinguished from accidental. L. 393. Besides, they most commonly teach that Bishops can dispense in irregularity from accidental homicide, even notorious, for receiving minor orders and simple benefices; because Bishops already could do this by the old law. But Trent reserved only irregularity from voluntary homicide, not public accidental homicide. L. 393, 394, 395, de Priv. 51, 52; book 3, n. 397. As regards regular prelates, cf. L. 396. St. Thomas, II-II, q. 64, art. 8; supplement, q. 39, art. 4; D'Annibale, part 1, n. 424, 3rd ed.; Lugo, Resp. Mor., book 2, dub. 8, 9, 11.

What about irregularity from defect? Since irregularity of this kind is traced back not to delict but to defect, it makes no difference whether it arises from one's own fault or another's, committed voluntarily or from fear, before or after baptism, with knowledge or with positive ignorance of the law of the Church, or even is contracted short of every fault. But not any defect whatsoever, but only defects noted in Law, induce irregularity, irregularity properly such, as is defect of birth, liberty, reputation, sacrament, gentleness. But to this irregularity in the proper meaning there is counted as irregularity in a less proper meaning that which flows from some vice of soul or body. Now the aforesaid defects are the following.

From defect of birth, all illegitimate persons are irregular who are known to be illegitimate, because by reason of origin they are reputed base. Therefore exposed children are not irregular, nor illegitimate persons born in marriage, concerning whom illegitimacy is not established by law. L. 432; Acta Sanctae Sedis, vol. 1, p. 252; chap. 1 and final, de Fil. presb.; Trent, sess. 25, chap. 15, de Ref.

But such persons are legitimated by common law first through a subsequent marriage between their parents, provided that these, at the time of conception, and very probably at the time of birth, could validly contract marriage; promotion to the episcopate or cardinalate nevertheless excepted. Chap. Tanta, qui fil. sint leg.; L. 420-423. Children born from a marriage invalid because of some occult impediment, yet judged valid at least by one of the spouses, are considered legitimate. Chap. Cum inter 2, Qui fil. sint leg.; chap. Ex tenore, same title. But otherwise, if both parents at the time of marriage were in bad faith. Chap. Cum inhibitio 3, § Si quis, de Cland. desp. Likewise illegitimate are children born before a marriage invalidly contracted, although both parents judged it valid, because by no law are they approved as legitimate. L. 425. Children also born from a null, clandestine marriage, i.e., entered into without denunciations and without permission of the Bishop, even though before the pastor and witnesses, are reputed illegitimate, even if the parents contracted in good faith, from the same § Si quis of said chap. 3. L. 425.

They are legitimated second through religious profession as regards orders only, not as regards prelacies. Chap. 1, de Fil. presb. But from other privileges regular prelates can dispense in irregularity with their illegitimate subjects. L. 354, 426. But the aforesaid prohibition of illegitimate persons, that they can by no means have prelacies, also has place in nuns. Illegitimate persons not duly legitimated cannot enter a religious Institute of simple vows, from the Norms of the Sacred Congregation, without dispensation of the Holy See. They are legitimated third through pontifical dispensation. But if there is question of minor orders and of benefices not having the care of souls annexed, the Bishop can by his own authority dispense with an illegitimate person. Chap. Is qui 1, de Fil. presb. in 6; L. 427-429, de Priv. 49; Benedict XIV, de Syn., book 13, chap. 24, n. 11 ff. If someone cannot reveal himself as illegitimate without infamy, he needs no dispensation. Laymann, n. 1. St. Thomas, supplement, q. 39, art. 5, q. 68; Lugo, Resp. Mor., book 2, dub. 7; book 6, dub. 2, nn. 4, 5.

From defect of liberty, slaves are irregular where slavery is still in force, unless their masters have consented to ordination. Chap. 1 ff., de Serv. non ordin.; chap. Nulli 2, chap. Si servus 20, Dist. 24. To this somehow pertain, although in reality they are not irregular, married men, unless their wives consent and vow chastity, cf. 899; curials, i.e., those bound to a secular court by an oath having been given, as judges, advocates, etc., as long as they have such offices; soldiers, as long as they are bound by oath; treasurers, public depositaries, and those who administer the Republic, until they have renounced the office and rendered accounts, or satisfied creditors. Since these are not properly irregular, although they are prohibited from receiving sacred orders, if nevertheless they have received them, they are prohibited by no law from exercising them. Chaps. 1, 2, 3, Dist. 51; chap. Magnus un., de Oblig. ad rat. ord.; L. 455, 456; book 3, n. 838. St. Thomas, supplement, q. 39, art. 3; Pichler, book 1, tit. 17, n. 4 ff.; Schmalzgrueber, book 1, tit. 17, n. 2 ff.

From defect of body, irregularity is had either because it impedes the fitting exercise of order, or because it brings notable indecency or horror. This irregularity, if it brings an impediment, apart from positive law, is rather a certain incapacity by natural or divine law than irregularity. But if the impediment is had only from positive law, then it is true irregularity. Title de Corp. vit. ord. vel non; L. 403; St. Thomas, supplement, q. 39, art. 6.

In this irregularity proceeding from defect, only the Pope can dispense. Bishops can in doubt declare and judge whether a defect of body notably impedes the exercise of order, or whether it brings great indecency. Regular prelates can likewise judge concerning this; indeed "they can well also dispense in irregularity of this kind." L. 414. Nevertheless they can in no way dispense those who are naturally incapable, and those who are not customarily dispensed even by the Holy See itself. Cf. vol. 1, n. 278; chap. 2, this title.

From defect of age, irregularity for a time is customarily reviewed. But it, like many other prohibitions of this kind, is not properly irregularity; and without dispensation it ceases by that very fact. Cf. 1234. L. 434.

From defect of soul irregularity is had, namely from defect of use of reason, knowledge, and faith. From defect of use of reason the following are irregular: 1. The insane. Such a defect of soul either arises in a man after ordination or before. If after, when the defect has ceased for a long time, by judgment of the Ordinary, or of the Prelate if he is a regular, he will be able to exercise again the order received. If before, it must be seen whether the defect depends on a permanent and habitual cause, e.g., on a lesion of the organs; and then he will no longer be able to be promoted to orders, because those laboring thus easily relapse into the same disease. Chap. Maritum 2, Dist. 33. Or whether it depends on a transitory and accidental cause, e.g., on fever or wound; and then he will indeed be able to be promoted. L. 398. 2. Epileptics and demoniacs. If epilepsy precedes ordination, they are perpetually irregular; nevertheless, if someone was affected by this disease before puberty and afterwards is perfectly freed, a long trial having been added, he is not judged irregular. But if one laboring under such a disease has already been ordained, although he is not altogether free, provided that he suffers the access of the disease rarely, and is not accustomed to fall suddenly to the ground, to break out into great cries, and to vomit foam, he will be able to celebrate privately, with a fasting priest joined, who in the case of the access of the disease may complete the Mass. And if he is altogether free, he will then be able, by judgment of the Bishop, to return altogether to the exercise of order.

Chap. Communiter 3, chap. Clerici 4, Dist. 33; L. 399. Those possessed by a demon, when possession has fully ended, can probably be ordained; probably, for there are not lacking those who deny it. In this irregularity, while the defect lasts, not even the Pope can dispense, because those laboring under it are incapable by divine law. L. 400. St. Thomas, supplement, q. 39, art. 2.

From defect of knowledge, the illiterate are altogether irregular. "Those who are so rude that they are ignorant even of the first rudiments of grammar, so that they do not know how to perform those things which pertain to the exercise of order, for which knowledge of the Latin language is indeed required, are altogether irregular, and sin gravely both by receiving orders and by exercising them... Chap. Illiteratos, Dist. 36... This irregularity, when the cause of ignorance has been removed, is removed of itself without dispensation." L., book 6, n. 791; Trent, sess. 23, chap. 4, de Ref.; chap. Illiteratos 1, Dist. 36.

True bigamy is not removed by baptism, nor by religious profession. Chap. Deinde 3, Dist. 26; chap. Si quis viduam 13, Dist. 24. The Supreme Pontiff can dispense in irregularity from true and interpretative bigamy. L. 455. A Bishop cannot dispense in true and interpretative bigamy for receiving sacred orders, nor for ministering in them, nor for receiving benefices annexed to them. L. 451. And, more truly, also not for receiving minor orders and simple benefices. L. 452. But in similitudinary bigamy from occult delict, and from a double marriage, one spiritual, the other carnal, Bishops can well dispense, even for receiving and ministering in sacred orders. Chap. 4, de Cler. coniug.; chap. Qui cler. vel vov.; L. 452, de Priv. 50.

"It has been handed down that prelates of regulars can dispense in interpretative bigamy from the privilege of Paul III." Thus D'Annibale, loc. cit., n. 420, who declares similitudinary and interpretative bigamy somewhat otherwise, departing from the common opinion of the doctors. From St. Alphonsus, Prelates of Regulars dispense their subjects in every bigamy. But it does not seem that the Supreme Pontiffs, by general concessions, wished also to grant the faculty of dispensing in those irregularities, e.g., from defect of soul, from infamy, from directly voluntary homicide, from true bigamy, in which they themselves either cannot dispense or dispense only very rarely, and from the gravest causes, according to Rule 81 of Law in 6. Cf. Compendium Privilegiorum Soc. Iesu, v. Dispensatio. L. 453; St. Thomas, Quodlibet 4, art. 13; supplement, q. 66, art. 4.

From defect of gentleness he is irregular: 1. who kills or mutilates in a just offensive war, but not if others kill; nor he who kills in a just defensive war; nor he who exhorts to killing, even if the war is offensive, provided it is just. Chap. Petitio tua, chap. Dilectus, chap. Significasti, de Homic.; Benedict XIV, Notification 191; L. 457-460; La-Croix 528. 2. In a just judgment those become irregular who cooperate toward death or mutilation actively, efficaciously, and proximately by an action of its nature ordered to this. Clementina Si furiosus, de Hom.; chap. Clericis, chap. Sententiam, Ne Cler. vel Mon.; chap. Ex litteris, de Exc. prael. Therefore judges become irregular, advocates or procurators acting against the accused, notaries, apparitors, lictors, executioners, voluntary witnesses, otherwise coerced witnesses, accusers or denouncers; otherwise nevertheless if they accuse the guilty person only so that they may prevent their own harm, or that it may be repaired for them, protestation being made that they do not will the penalty of blood, chap. Praelatis, de Hom. in 6, in their own cause or even that of relatives up to the fourth degree; or unless the cause is that of their own Church; or if harms are to be inflicted in the future on others, so that they cannot be impeded by another way. L. 461, 468. 3. Clerics constituted in sacred orders, or monks, practicing medicine with cutting and burning, are also irregular from defect of gentleness, chap. Sententiam 9, Ne Cler. vel Mon., if from such cutting or burning mutilation or death follows. If nevertheless another skilled person is absent, then a cleric or monk will well be able, without sin and consequently without danger of irregularity, to apply cutting or burning. L. 384, 385, 389. St. Thomas, supplement, q. 39, art. 4; D'Annibale, part 1, nn. 426, 427, 3rd ed.

Bishops cannot dispense from irregularity from defect of gentleness, but dispensation must be sought from the Supreme Pontiff, although the irregularity is occult. L. 469. "But regular prelates can well dispense with their subjects in this irregularity." L. 469.

From defect of good reputation all infamous persons are irregular, chap. Infames 17, causa 6, q. 1, whether the infamy is of fact or of law. Infamy of fact is had in two ways. It is had first through the confession of the accused in judgment, or through at least a declaratory sentence of a judge concerning a crime inferring infamy among honest and upright men, although no infamy is expressly noted in Law. Second, infamy of fact is merely of fact, or popular, and it is likewise from any public crime and from the condition or office of the person obscuring him and rendering him base in the common estimation of men, even without any judicial act. Infamy of law is also had in two ways. For it is had first through a sentence of a judge inflicting the mark of infamy. It is had second without sentence of a judge, by the Law itself, by which the mark of infamy is inflicted; namely, from crime or from the condition of the person it is noted in Law as staining and infaming. Infamy of fact properly renders one unworthy; infamy of law properly renders one irregular; and it is this which properly induces a canonical impediment.

Infamy by the law itself is had first through a qualified, evident, and public delict, or at least one so notorious that it cannot be hidden by any evasion, or when the sentence of a judge accedes, declaring or imposing the penalty of infamy. Qualified, i.e., to which infamy is annexed by Law, either by that very fact or after sentence of a judge. But the crimes to which infamy is annexed by law are the giving of gifts by regulars against the Constitution of Clement VIII Religiosae Congregationes, June 19, 1594; theft; homicide; sacrilegious homicide, chap. Petrus 17, de Homic.; perjury made in judgment; apostasy from the faith, heresy, chap. Excommunicamus 13, § 5, de Haeret.; simony; to practice sodomy, St. Pius V, Constitution Horrendum illud, August 30, 1568; the crime of lese-majesty, chap. Felicis 5, de Poenis in 6; adultery; incest, chap. Coniunctiones 2, q. 2, can. 35; bigamy, chap. Nuper 4, de Bigamis; betrayal; robbery; procuring; the exercise of usuries; Lateran Council II, can. 13; invasion of Cardinals, cited chap. Felicis, or of Bishops; abduction of women, or cooperation toward it, Trent, sess. 24, chap. 6, de Ref.; duel, as regards duellists and their seconds, not others, Trent, sess. 25, chap. 19, de Ref.; preparation of arms against parents; the exercise of actors with shameful representations, so that it is not done without mortal sin; not likewise the trade of butcher, executioner, lictor, etc., since these offices can well be exercised without sin; and other things which induce infamy from Law. Cf. Suarez, de Simon., book 4, chap. 56, n. 21; La-Croix 562 ff.; Salm., chap. 8, n. 78 ff.; Pichler, book 1, tit. 11, n. 21; Trent, sess. 24, chap. 6, de Ref. Matr., sess. 25, chap. 19, de Ref.; Can. 6, q. 1, chap. 17; chap. 4 and final, de Temp. ordin.

Second, irregularity can be incurred by the law itself because of another's infamy, as is incurred by the sons of those who have been condemned for the delict of lese-majesty, the sons born from a prostitute, the sons of heretics, and also grandchildren descending from them through the male line, provided nevertheless that it is notorious that the parents were heretics and died in heresy. Chap. 2, § 2, chap. 15, de haeret. in 6. But in order that all these incur irregularity, it is necessary that they were born after the delict. Sanchez, book 2, chap. 27, n. 14. Benedict XIV, de Syn., book 13, chap. 24, n. 21, reports the Constitution In quibusdam, de Poenis, in which the sons of a patron killing the rector of a Church, up to the fourth generation, become irregular beyond the loss of the right of patronage for all. The sons also and grandsons of those attacking or striking Cardinals of the Holy Roman Church are prohibited from receiving and exercising orders. Constitution Felicis 12, de Poenis. But this is valid only concerning sons born after the crime committed by the father. L., book 1, de His qui not. inf.; Lugo, de Fide, disp. 23, sect. 4; Resp. Mor., book 2, dub. 12; Benedict XIV, Quaest. can., q. 449; Bizzarri, p. 470 ff.

Infamy merely of fact is removed either by baptism, or by notorious amendment, or even by change of place. Infamy of fact from a judge's sentence is removed either by dispensation or by another sentence by which his reputation is restored to the guilty person. Infamy of law, which properly is irregularity, is removed only by dispensation. And whether it is of law or of fact, if the guilty person has been condemned by sentence of a judge, dispensation can be made by the Roman Pontiff alone. Trent, sess. 24, chap. 6, de Ref. A Bishop cannot dispense that one infamous by infamy of fact ascend to sacred orders; nevertheless he can dispense that he minister in orders received, if the crimes are less than adultery and the guilty person has done penance. Chap. Et si clerici 1, de Iudiciis, book 2, tit. 1.

Irregularity on account of the crime of parents, or on account of an infamous office, is removed by entrance into religion. Regulars can also, from privileges of Pius IV and St. Pius V, dispense with their subjects in this irregularity. L. 352, 362-364, 454; Suarez, disp. 48, H.; Sacred Congregation of the Council, August 9, 1890; Holy Office, July 11, 1884; Acta Sanctae Sedis, vol. 23, p. 619 ff., 700.

1015. Definition. - Irregularity strictly taken is a canonical impediment prohibiting someone from being enrolled among the Clergy, ascending to a higher Order, or exercising the functions of an Order received.

Hence irregularity differs from censures, and especially from deposition and degradation, principally in this respect: deposition and degradation always presuppose fault and have the character of a penalty; but irregularity does not always presuppose fault, and if it is sometimes imposed by way of penalty, this is done only secondarily, not for punishing the guilty person, but for guarding against unbecomingness in the sacred ministry.

1016. Division. - A manifold irregularity is distinguished:

1. Irregularity from defect or from delict, insofar as it arises from certain defects expressed in law, or is contracted from certain delicts determined in law.

2. Total or partial irregularity, insofar as it excludes one from every Order, from the use of an Order, and from every ecclesiastical Benefice, or excludes one only from receiving some Order, but not from the use of those already received.

3. Perpetual or temporary irregularity, insofar as of itself it always endures unless removed by dispensation or by other ways to be determined below; or it endures only for some time and afterward ceases without any dispensation. Thus irregularity from defect of age vanishes when the time required for Orders has been completed.

1017. Principles. - I. No irregularity is ever incurred unless it is expressed in Canon Law. Hence: 1. irregularity from a man is not admitted; 2. irregularity is incurred by the fact itself before any sentence of a judge, and even because of an occult defect or crime. From chapter Is qui 18, On the Sentence of Excommunication, in the Sixth.

II. Irregularity from defect is always incurred while the defect remains, because it does not have the character of a penalty but only that of an impediment. But irregularity from delict is not incurred without fault, and indeed grave fault, because although the end of irregularity is neither to punish nor to correct the guilty, nevertheless it is not contracted except by reason of a properly voluntary and truly grave delict. St. Alphonsus, no. 348.

1018. Questions. - QUESTION 1. For incurring irregularity FROM DELICT, besides knowledge of the divine law, is knowledge of the prohibiting ecclesiastical law required?

Reply. Affirmatively, more probably. The reason is that this irregularity has the character of a penalty. St. Alphonsus, no. 350, calls this opinion the more probable and most common. Except homicide, however, because of the particular unbecomingness which it induces. St. Alphonsus, ibid.

QUESTION 2. Is knowledge of the penalty, or of the irregularity, also required?

Reply. There are two probable opinions.

FIRST OPINION. It denies this, because irregularity is not a medicinal penalty, but an incapacity, or a merely punitive penalty. Thus Lacroix, Elbel, etc.

SECOND OPINION. It affirms this. The reason is that irregularity from delict is considered a true and indeed extraordinary penalty, imposed in vindication of a crime, although its primary effect is to constitute incapacity. Now, where so great a penalty is inflicted, the Church is not considered to proceed with such rigor that it is incurred by one who is ignorant of it. This opinion seems sufficiently probable, says St. Alphonsus, no. 351.

QUESTION 3. Are you considered irregular when it is doubtful whether you have incurred irregularity?

Reply 1. Negatively in a doubt of law, or in a doubt whether such a case is subject to a law establishing irregularity. Thus nearly all Theologians. The reason is that, where doubt is present, this irregularity is not certainly expressed in law. Therefore, etc. Besides, odious things are to be restricted. St. Alphonsus, no. 346.

Reply 2. In a doubt of fact, distinguish: either there is a doubt concerning a homicide committed ¹, or concerning another delict. If the former, more probably and more truly you have incurred irregularity because of the special unbecomingness found in homicide, as is gathered from law. If the latter, more probably and more truly you have not incurred it, because in doubt no one is to be condemned. St. Alphonsus, no. 347.

¹ These words of the Author, Either there is a doubt concerning a homicide committed, are indeed somewhat obscure. You will obtain their meaning more clearly from St. Alphonsus, book 7, no. 347, doubt 3, whom the Author himself cites. Thus the Holy Doctor: This proceeds in the case in which someone is certain of the homicide, as is supposed in the aforesaid texts, but doubts only whether he himself by his action was the cause of it. Therefore the Author's words, Either there is a doubt concerning a homicide committed, are not to be understood of a doubt whether, for example, the one who was wounded has actually died, but of a doubt whether you were the cause of the death which in fact followed. Hence the VV. could properly have noted this passage of Father Gury as obscure, but not properly have presented it, page 948, no. 163, as dissenting from the doctrine of St. Alphonsus.

1019. • QUESTION 4. Is irregularity incurred because of a crime which is indeed external and consummated, but altogether occult?

Reply. Affirmatively, more truly, says St. Alphonsus, no. 349. The reason is that the Church, in reserving crimes, reserves even the most occult, provided they are subject to her jurisdiction, namely, provided they are external, just as she imposed excommunication for altogether occult heresy, etc. This is proved also from chapter 6, Liceat, in Trent, session 24, where the Council grants Bishops the faculty of dispensing from and absolving occult irregularities and censures.

QUESTION 5. How is irregularity removed?

Reply. It is removed in the following ways:

1. By dispensation: 1. of the Pope in every case, provided there is not an impediment of natural law, or one which renders the exercise of sacred Order impossible; 2. of the Bishop and of Regular Superiors, if the irregularity arises from an occult delict, except homicide; 3. of any delegate according to the faculty received, as was said concerning absolution from censures, no. 951.

2. By cessation of the cause, for example, upon attaining the age required, if the irregularity arises from defect of age; likewise by change of domicile or place, or by amendment, if it arises from infamy. For infamy of law, however, a dispensation is required. See St. Alphonsus, no. 352 and following.

1020. • QUESTION 6. How is dispensation from irregularity made?

Reply. No form is found prescribed in law; hence no determinate form necessarily must be employed. It can, however, be made by the following formula or another equivalent: I dispense you from the irregularity which you incurred because of... such a cause, in the name of the Father, etc.; or, By the authority granted to me by the Holy Father or by the Bishop, I dispense you, etc., and I render you capable and restore you to the exercise of your Orders and offices, in the name of the Father, etc.

609. Notion. Irregularity is a perpetual impediment instituted by ecclesiastical law, which primarily prohibits the reception of order, and secondarily the exercise of orders received.

Explanation. It is called a) an impediment or a certain incapacity (but not a censure or penalty), because irregularity does not always presuppose fault, but was principally introduced lest anyone unworthy enter the clerical state or exercise sacred ministry. It is called b) instituted by ecclesiastical law, whence it is held as an axiom: no irregularity is incurred unless it is expressed in the Code of Canon Law, and consequently there exists no irregularity ab homine.¹⁰⁹ Therefore he who is barred by divine law from receiving or exercising order, for example, a woman, or he who lacks a divine vocation, is not properly irregular, but unfit. It is called c) which prohibits, etc., by which words the effect of irregularity is signified, which is namely to prohibit (not to invalidate) the reception and exercise of orders. Under the name of order here is understood also the first tonsure, which would be given almost fruitlessly if the reception of orders were prohibited. Irregularity indeed prohibits the conferral and reception of a benefice to which is annexed an office that the irregular person is forbidden to exercise, but it by no means prevents the irregular person from retaining a benefice already accepted or from exercising jurisdiction already possessed. Nevertheless, an irregular person cannot licitly exercise the power of sacred order (outside a case of necessity).

¹⁰⁹ Code of Canon Law, c. 983.

610. Division. 1. Irregularity from defect and from delict is distinguished.¹¹⁰ The former arises from an innocent defect; the latter is induced by a personal, mortal, external sin, consummated in act, which was committed after baptism.

2. Irregularity is total or partial, according as it prevents the reception or exercise of every order, or only a) ascent to a higher order, or b) the partial exercise of an order. Thus, for example, a priest lacking a thumb is irregular with regard to the celebration of Mass, but by no means with regard to hearing confessions.

There are still other divisions, such as antecedent and consequent irregularity, etc., which are easily understood from the terms themselves.

¹¹⁰ Ibid., c. 984 ff.

611. Conditions required for incurring irregularity. Irregularity is not present unless:

1. it is certain, that is, the fact inducing irregularity must certainly exist.

Hence a doubtful irregularity is no irregularity. The reason is that irregularity, as something odious, is of strict interpretation, and must not be presumed but proved.

2. the action by which irregularity from delict is contracted is a personal, mortal, external sin, consummated in act, committed after baptism.¹¹¹

But an occult sin suffices. (Irregularity from defect, however, can be incurred without any fault.) Therefore all those things which excuse an action from being a mortal sin (for example, parvity of matter, defect of advertence, good faith, etc.) also excuse from irregularity.

No ignorance excuses from contracting an irregularity, whether from delict or from defect.¹¹² Thus according to the discipline in force and contrary to the older doctrine.

¹¹¹ Code of Canon Law, c. 986. One delict induces irregularity, although it was committed before or in baptism, namely, if an adult permits baptism to be conferred upon him by non-Catholics. Cf. below, n. 620 (2).

¹¹² Code of Canon Law, c. 988.

612. Cessation. A contracted irregularity can cease: 1. through the cessation of the total cause; 2. through baptism; 3. through solemn profession; 4. through dispensation.

1. Through the cessation of the total cause, irregularity from defect ceases (but not irregularity from delict). Thus irregularity from a defect of the body ceases through a surgical operation which removes the infirmity, etc.

2. Through baptism, which wipes away all sins, the arising of irregularity from a delict perpetrated before baptism is prevented. Thus, for example, a pagan who perpetrated homicide is not irregular from delict after receiving baptism, since the delict has been wiped away through baptism with regard to all its effects; on the contrary, the same pagan who was a bigamist still labors under irregularity from defect after receiving baptism.

3. Through solemn religious profession, by the law itself only irregularity from defect of birth ceases, and only for receiving orders, but not for dignities and prelacies.¹¹³ Certain religious institutes have special privileges in this matter.¹¹⁴

4. Through legitimate dispensation, any irregularity can be removed, since it is solely of ecclesiastical law. To obtain this dispensation, both the facts from which the irregularity (or irregularities) arose and the cause for which the dispensation is sought must be sincerely manifested. No determinate form in which the dispensation is to be given is prescribed by law. Hence, if a dispensation is given in the confessional, the confessor can use, after absolution from sins, these or similar words: "I dispense with you concerning the irregularity which you incurred because of such a cause, for example, abortion." One dispensing from irregularity from delict must impose a salutary penance upon the person dispensed.¹¹⁵

¹¹³ c. 18, X 1, 17.

¹¹⁴ Cf. Gregory XIII, Constitution Ascendente, May 25, 1584, for the Society of Jesus.

¹¹⁵ Cf. Council of Trent, sess. 24, c. 6, De reform.

613. Who can dispense. a) The Supreme Pontiff can dispense from absolutely all irregularities, and indeed according to the discipline in force through the Sacred Congregation of the Sacraments if public irregularities are in question, but through the Sacred Penitentiary if a dispensation in the internal forum for occult irregularities is in question. Religious clerics, however, must seek dispensations from public irregularities from the Sacred Congregation of Religious.

b) Ordinaries can dispense with their subjects: a) from all doubtful irregularities (whether the doubt is of law or of fact);¹¹⁶ b) from all irregularities arising from an occult delict, except that which arises from voluntary homicide and the procuring of abortion, or another which has been brought into the judicial forum.¹¹⁷ How an irregularity arising from the procuring of abortion can be dispensed from was stated above, II, 144.

c) Major superiors in exempt clerical religious institutes can dispense with their subjects just as bishops can by common law.¹¹⁸ For they are Ordinaries. Special privileges in this matter have been granted to certain religious institutes.

d) Regular confessors can dispense all penitents from those irregularities from which bishops can by common law dispense their subjects.¹¹⁹ This is by privilege, which does not appear to have been abolished by the Code of Canon Law.

e) Confessors by common law cannot dispense from irregularities; nevertheless, in more urgent occult cases, when the Ordinary cannot be approached and danger of grave harm or infamy is imminent, they can dispense as Ordinaries can, but only so that the penitent may licitly exercise orders already received.¹²⁰

Note. Impediments to ordination (concerning which below, n. 623) cease either through a dispensation of the Holy See or in the manner determined for each impediment.

¹¹⁶ Code of Canon Law, c. 15; cf. Gasparri, De s. ordinat., n. 230.

¹¹⁷ Council of Trent, sess. 24, c. 6, De reform.; Code of Canon Law, c. 990, § 1.

¹¹⁸ Cf. St. Pius V, July 21, 1571.

¹¹⁹ Cf. St. Alphonsus, Theol. mor., l. 7, n. 355; Gasparri, loc. cit., n. 229.

¹²⁰ Code of Canon Law, c. 990, § 2.

Four things are to be weighed: 1. what irregularity is, and of how many kinds; 2. what its effects are; 3. how it is incurred; 4. how it ceases.

1927. DEFINITION. Irregularity is a canonical impediment prohibiting the reception of sacred Orders and the use of Orders received.²⁸

It is called an impediment or a certain incapacity, but not a censure, because the latter always supposes fault and has the nature of a medicinal penalty; but irregularity does not always suppose fault; and if sometimes it is imposed by way of penalty, this is done primarily for preventing indecency in the sacred ministry, but secondarily for punishing the guilty one. Thus commonly.

DIVISION. There are various irregularities:

1. Irregularity is called from defect or from delict, according as it is imposed by law, either on account of defects alone bringing indecency to the sacred ministry, or on account of certain delicts, because of which the reception or exercise of Order is prohibited. But since irregularity from delict has been instituted principally for the decorum of the clerical state, it is resolved in a certain way into irregularity from defect; for one ensnared by it is destitute of that quality which the Apostle requires of those to be ordained, namely that they be without crime.

2. Irregularity is total or partial. - The former excludes from the reception of every Order and from every exercise of an Order received; the latter impedes some ministry of Order, or ascent to a higher Order.

3. Irregularity is perpetual or temporal. - Perpetual of itself always lasts, unless it is removed by dispensation. - Temporal lasts only to some time, which having elapsed, it ceases of itself: as irregularity from defect of age, which, when the time required for Orders has been completed, vanishes.²⁹

1928. The EFFECTS of irregularity are the following:

1. Incapacity for LICITLY RECEIVING Orders, even first Tonsure; for he prepares himself in vain for Orders, who is prohibited from Orders. - Hence both the irregular himself, who receives an Order, and the Bishop, who confers on him an Order or even tonsure alone, sin gravely.³⁰

2. Incapacity for EXERCISING sacred Orders; whence, an irregular validly indeed, but illicitly, confects or administers the Sacraments. Nor indeed is he deprived "of those actions which do not require the exercise of Order, and which laymen also can exercise, for example to receive the Sacraments, and to sing the Offices, as also to confer Benefices; because these things pertain to the exercise of jurisdiction, not of Order; likewise to assist at Marriage, or to furnish another the license of assisting, to dispense in vows, to absolve from censures, to give the faculty of hearing confessions.³¹

3. Incapacity for receiving Benefices; for a Benefice is given on account of some office; but an irregular is incapable for the office; therefore also for Benefices, which require that office. - Trent agrees (sess. 22, cap. 4, de ref.). Except, if the Benefice had been received in good faith: in which case it would be licit, after dispensation has been obtained, to retain it. Hence "as to benefices obtained before irregularity, it is certain among all that an irregular is not deprived of them; nor is he to be deprived by a judge, if the irregularity supervened on him from the defect of infirmity. But if it is from delict, he must be deprived by sentence of the judge."³² Indeed, meanwhile he must now resign, or obtain dispensation, because no one can retain a benefice whose burdens he cannot licitly exercise³³ (cf. n. 2239, 6).

You will ask. Whether the conferral of a benefice made to an irregular is null by the law itself?

Resp. It is controverted. Some, from the more common and therefore more probable interpretation of the Council of Trent (sess. 14, de ref., cap. 7, and sess. 22, cap. 4), affirm. - But others deny with sufficient probability, saying that the conferral is indeed illicit and to be invalidated by a judge, but not invalid.

Hence it follows: 1. An irregular man and one incapable of the duties of a benefice cannot put himself into possession of it; for no one can with a probable (or little more probable) opinion begin possession of another's thing. - 2. If nevertheless he received the benefice in good faith, and satisfied the burdens through others, he is not bound (on account of the contrary probability) to restitution of the fruits received.¹

1929. Principles. I. No irregularity is incurred unless it is EXPRESSED IN LAW, that is, in a decree of the Supreme Pontiff, or in a general Council. This is clearly established from cap. Is qui, 18, de sent. excom., in 6.²

Hence: 1. Irregularity is incurred by the law itself or by the fact itself, before the sentence of a judge; and also, according to the truer opinion, on account of an occult defect, or occult crime.³ 2. In this matter, an argument from similar to similar does not avail, nor from the greater to the lesser. "But IN DOUBT whether some irregularity is or is not expressed in law, one must stand by the common sense of the Doctors and by custom."⁴

II. Irregularity FROM DEFECT is always incurred, while the defect expressed in law stands. The reason is, because an irregularity of this sort does not have the nature of a penalty, but only of an impediment; and therefore ignorance and inculpability do not excuse from incurring it.⁵

III. Irregularity FROM DELICT is incurred only through grave, external, and consummated fault. - The reason is, both because a grave penalty requires grave fault; and because the Church does not punish merely internal acts, but only external ones, and these consummated, unless it is expressed otherwise in law. - Hence, if the act on account of some circumstance is excused from mortal sin, it is likewise excused from irregularity.⁶ - Recall what was said in nn. 1263 and 1769.

1930. Questions. Q. 1. Whether, for incurring irregularity FROM DELICT, KNOWLEDGE OF THE ecclesiastical LAW prohibiting is required?

Resp. "The more probable and very common opinion affirms:... because such an irregularity has the nature of a penalty; and since it is a penalty, knowledge at least of the prohibiting law is required. And this is proved from can. Proposuisti, dist. 82, where Innocent I decreed that certain incontinent Clerics were not to be deposed, because they were ignorant of the Constitution of Pope Siricius."⁷ - Yet crass or supine ignorance does not excuse, as all admit (cf. nn. 219-220).

Q. 2. Whether knowledge OF THE PENALTY, or of the irregularity itself, is also required?

Resp. There is a twofold probable opinion. The first, very probable, denies; because irregularity is not a medicinal penalty, but is an incapacity, or a merely punitive penalty: wherefore, it suffices that such a penalty has been imposed by law on that forbidden act, which the guilty one now commits knowingly and culpably, although he is ignorant of the penalty. - The second, sufficiently probable, affirms; and the reason is, because irregularity from delict is a true penalty, and indeed extraordinary, which cannot be foreseen even confusedly, and therefore it is not judged to be incurred by one ignorant.⁸ (Cf. n. 220.)

Hence however,

Q. 3. What is to be done IN DOUBT concerning contracted irregularity?

Resp. 1. If a positive doubt arises, or one resting on grave reasons, the doubter must apply prudent diligence to investigate the truth; and meanwhile conduct himself as if he were irregular, namely lest he expose himself to the danger of violating irregularity. - Except with the Salmanticenses,⁹ "if grave necessity urges, namely if an occasion occurs of receiving Orders, or a Benefice."¹⁰

Resp. 2. If a negative doubt is given; or if, after sufficient diligence has been applied, a positive doubt on each side, or truly suspensive doubt, remains: then, whether the doubt is of law, namely if it is doubted whether an irregularity is or is not assigned by law for such a case; or of fact, that is, if it is doubted whether the crime designated in law was truly committed: from the common and truer opinion, no one ought to hold himself as irregular; both because odious things are to be restricted, and because in doubt no one is to be despoiled of his right.¹¹

Except, if someone doubts whether he has perpetrated HOMICIDE; for this case is expressly declared in law,¹² where it is read: "Since it is more advisable in a doubt of this sort to abstain, than to celebrate rashly." But it must be noted 1) that this runs when someone is certain concerning the homicide, e.g., concerning the abortion of a certainly animated fetus (cf. n. 744, q. 4), and only doubts whether he himself by his action (of itself deadly) was its cause. But if he doubts concerning the homicide itself, whether it followed or not: in that case, according to a very probable opinion, he is not to be judged irregular.¹³ - It must be noted 2) that this irregularity, which binds clerics alone, is not to be extended to all effects, but to the sole incapacity of celebrating, and to the obligation of seeking dispensation.¹⁴

1931. Irregularity is removed in four ways:

1. By CESSATION OF THE CAUSE, if it comes, e.g., from defect of age, knowledge, good fame, etc. - Concerning irregularity from defect of good fame it must be noted, that if the infamy is popular, it is removed by amendment; provided this, universally speaking, has lasted for at least three years. If it is of fact, it is removed by change of place; but if it is of law, or contracted through the sentence of a judge, dispensation is altogether required for removing it¹⁵ (cf. n. 1199).

2. By BAPTISM, if the irregularity is from delict, although the delict were homicide; otherwise, if it is from defect, e.g., if it comes from bigamy. But also irregularity from defect of fame is removed by Baptism, namely if it is infamy of fact. But if the infamy is of law, dispensation is required, as was said; although Bonacina holds that this also is removed by Baptism, and the Salmanticenses hold this not improbable.¹⁶

3. By RELIGIOUS PROFESSION, if the irregularity is from defect of birth. But it is removed only to the effect that sacred Orders can be received, not however that prelacies can be obtained, unless dispensation intervenes¹⁷ (cf. n. 2150, q. 2).

4. By DISPENSATION, which can be given by: - 1) THE SUPREME PONTIFF, in every irregularity induced by human law. To obtain a dispensation of this sort, recourse must be had, for the external forum, to the Datary, if the irregularity is public; and for the internal forum, to the S. Penitentiary, if it is occult. 2) THE BISHOP, either by himself, or through his Vicar specially deputed to this, in every irregularity coming from an occult delict, and not brought to the contentious forum; with the exception, however, of directly voluntary homicide. Thus from Trent, cap. Liceat (cf. n. 1280, 2). - Nor can the Bishop dispense in irregularity from defect, except with illegitimates, for minor Orders, or for a simple Benefice, to which sacred Order is not annexed;¹⁸ or with bigamists, in merely similitudinary bigamy, for Orders whether minor or major;¹⁹ or finally if some defect is doubtful. If the Bishop can do anything else, he has it either from special privilege (e.g., from the quinquennial Faculties, in App. I, § I, n. 13); or from ancient custom, only in a case of urgent necessity, according to what was said n. 234, 2. 3) A REGULAR PRELATE, from the privilege of Martin V and Benedict XIII, can dispense, in many cases, with his subjects, as we shall see in the Treatise on the Religious State (n. 2187, 3).

1932. Concerning these things LET IT BE NOTED: 1. In seeking dispensation, all things must be declared which the rules established by the Holy See for this purpose require (cf. n. 236).

2. He who is compelled to seek dispensation of several irregularities must recount them all and individually in his supplicatory libellus. - "If nevertheless someone has contracted several irregularities of the same species, for example if he has ministered several times with a censure, it then suffices for obtaining dispensation, if he says that he has fallen into them several times; indeed (several Authors) teach that it suffices if he says only that he is irregular on account of such fault."²⁰

3. In granting dispensation, no special FORMULA is prescribed; hence, indiscriminately, the following or any other can be used: "I dispense with you in the irregularity which (or in the irregularities which), on account of this or that cause, you have incurred."²¹

4. Absolution from censures and sins can be received, without a dispensation from irregularities being received at the same time; and conversely a dispensation from irregularities can be granted without absolution from censures and sins. But an irregular can never be absolved who with a pertinacious mind wishes to pursue the reception of Orders or the exercise of those already received, before he has obtained the dispensation which the law requires.²²

See more among the Canonists.²³

1754. Definition. - Irregularity, strictly taken, is a canonical impediment prohibiting someone from being enrolled in the Clergy, or ascending to a higher Order, or exercising the functions of an Order received.

It is said: 1° an impediment. Hence irregularity differs from censures, from deposition, and from degradation especially under this head, because censures, deposition, and degradation always suppose fault and have the character of a penalty; but irregularity does not always suppose fault, and, if sometimes it is imposed by way of penalty, this is done only secondarily, and not for punishing the guilty party, but for guarding against indecency in the Sacred Ministry.

It is said: 2° canonical. See n. 1756.

It is said: 3° prohibiting; for irregularities, as constituted by the authority of the Church alone, do not impede the reception or exercise of Orders as regards validity. Hence an irregular priest, although illicitly, nevertheless validly absolves, etc.¹

It is said: 4° from being enrolled in the Clergy, although only through Tonsure.²

It is said: 5° or the functions of an Order received. Wherefore those things are not forbidden which can be done by laymen or without Order, as to sing in Church; to receive the Sacraments, if you except Order; to confer benefices; to assist at Matrimony; to dispense in vows; to absolve from censures, etc.³

1755. Division. - Irregularity is distinguished in many ways:

1° Irregularity from defect or from delict, according as it arises from certain defects expressed in Law, or is contracted from certain delicts determined in Law.

2° Total or partial irregularity, according as it excludes from every Order (even from Tonsure), and from the use of the Order, and - indirectly and consequently - from every ecclesiastical benefice, or only bars from some one of these.

3° Perpetual or temporary irregularity, according as of itself it always lasts unless it is removed by dispensation, or by other modes to be determined below; or it lasts only to some time, and afterward ceases without any dispensation. Thus irregularity from defect of age vanishes when the time required for Orders has been completed.

1756. Principles. - I. No irregularity is ever incurred, unless it has been expressed in Canon Law, i.e., in a decree of the Pope or of a Council approved by the Pope.¹ Hence: 1° irregularity ab homine is not admitted; 2° irregularity is incurred ipso facto before every sentence of a judge, and even on account of an occult defect or crime;² 3° arguments from parity, or even a fortiori, do not avail in this matter;³ 4° custom cannot introduce it; custom, however, as the best interpreter of laws, can confirm it in doubt whether it is expressed in Law, provided the common sense of the Doctors is added.⁴

II. Irregularity from defect is always incurred while the defect remains; because it does not have the character of a penalty, but the character of a mere impediment. But irregularity from delict is not incurred without fault, and indeed grave fault, because, although the end of irregularity is not to punish or correct the guilty, nevertheless it is not contracted except by reason of a properly voluntary and truly grave delict. Besides, the fact to which an irregularity from delict is annexed must be external and consummated in its own kind; likewise committed after the seventh year of age.¹

1757. Questions. - Quaer. 1° Whether for incurring irregularity from delict, besides knowledge of the divine law, knowledge of the ecclesiastical law prohibiting it is required?

Resp. It is more probable and very common that it is. The reason is that this irregularity has the character of a penalty.² Nevertheless except homicide, on account of the particular indecency which it induces.³

Quaer. 2° Whether knowledge of the penalty, or of the irregularity, is also required, if there is question of delict?

Resp. There is a twofold probable opinion.

The first, very probable, denies, because irregularity is not a medicinal penalty, but an inability, or a merely punitive penalty.

The second, sufficiently probable, affirms. The reason is that irregularity from delict is judged a true penalty, and indeed an extraordinary one, imposed in vindication of a crime, although its primary effect is to constitute an inability. Moreover, where so great a penalty is inflicted, the Church is not judged to proceed with such rigor that it is incurred by him who is ignorant of it.⁴

Quaer. 3° Whether you are judged irregular in doubt whether you have incurred irregularity?

Resp. 1° No, in doubt of law, or in doubt whether such a case is subject to a law establishing irregularity. Thus almost all Theologians. The reason is that, where doubt is present, this irregularity is not certainly expressed in Law. Therefore, etc. Besides, odious things are to be restricted.⁵

Resp. 2° In doubt of fact, distinguish: either there is doubt concerning homicide, or concerning another delict. If the former, more truly you have incurred irregularity, on account of the special indecency which is found in homicide, as is gathered from Law. Yet this does not hold concerning doubt whether homicide followed (e.g., abortion), but concerning doubt whether, when it truly followed, it followed from a cause certainly posited and of itself death-dealing; for then from things commonly occurring it must be presumed that death followed from such a cause, and not from another. Moreover, an irregularity of this kind produces only two effects, namely the obligation of abstaining from celebration and of seeking dispensation, and therefore it holds Clerics only, not laymen. - If the latter, more truly you have not incurred it, because in doubt no one is to be condemned.¹

Quaer. 4° Whether irregularity is incurred on account of a crime that is indeed external and consummated, but altogether occult?

Resp. More truly yes, says St. Alph.² The reason is that the Church, by reserving crimes, reserves even the most occult, provided they are subject to her jurisdiction, namely provided they are external, just as she imposed excommunication on entirely occult heresy, etc. It is proved further from cap. Liceat,³ where a faculty is furnished to Bishops of absolving from occult irregularities and censures.

Quaer. 5° How is irregularity removed?

Resp. It is removed in the following modes:

1° By dispensation: 1) of the Pope in every case, provided there is not present an impediment of natural law, or one which renders the exercise of Sacred Order impossible; 2) of Bishops and Regulars, if the irregularity comes from an occult delict, except directly voluntary homicide,⁴ but heresy is not excepted.⁵ But occult here comes in the same sense in which it is taken in impediments of Matrimony⁶ (n. 1564). Bishops, however, can use this faculty only toward their own subjects; nevertheless it does not matter whether these or even they are present in the diocese.⁷ For the other faculties of Bishops concerning irregularities, see n. 1144. I. 2° and 8°; 3) of any delegate according to the character of the faculty received. Faculties delegated to our Bishops, see p. LXX. n. 2, and p. LXXII. n. 3; but for Regular Prelates, as regards their own subjects, n. 1195. C). 5°.

2° Ordinarily by the cessation of the cause, e.g., when the required age arrives, if the irregularity comes from defect of age; likewise by change of domicile or of place, or by amendment, if it arises from infamy. Yet for infamy of law dispensation is required.¹ - I said: ordinarily; for in this way irregularity from delict does not cease, nor any whatever from defect, as for example from defect of lenity, of Sacrament, etc.²

3° Through the reception of Baptism irregularity from delict and from infamy of fact ceases.³ Whether also from infamy of law? See n. 1767. q. 2°.

4° Through religious Profession irregularity from defect of birth ceases, but only for receiving Orders, not, however, as regards dignities and prelacies.⁴

Quaer. 6° How is dispensation from irregularity made?

Resp. No form is found prescribed in Law; hence no determinate form must necessarily be employed. But it can be made by the following brief formula, or another equivalent one: "I dispense with you concerning the irregularity which you have incurred on account of ..." (such a cause), "in the name of the Father," etc., or "by the authority granted to me by the Holy Father," or "by the Bishop, I dispense with you," etc., "and I render and restore you able" for the execution of Orders, and of your offices, in the name of the Father," etc.; or, if he has no Order: "I render you able to receive all Orders." - Cf. Rit. Rom. de Sacr. Pen. tit. ult.

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.

Irregularity is a perpetual impediment to this, that someone be enrolled among the clergy, or that he receive Orders or exercise those received. Irregularity is alienation from the rule; rule in Greek is called canon; canon formerly meant the catalogue of clerics who were enrolled under some Title (Church) and were called canons; irregulars with us anciently were those alien from the canon.

Irregularity therefore signifies a prohibiting impediment by which someone is prevented from being enrolled among the clergy, warding him off from Order or from its exercise; it signifies a perpetual impediment, namely one which is judged such that it does not cease by the fact itself, but which is removed only by legitimate power. And in this respect perpetuity is to be held as the essential character of irregularity; on the contrary, things which cease naturally by the course of time, by study, etc., are not, nor are they to be held as, irregularities properly so called. Therefore temporal irregularity is excluded. Irregularity derives its origin from defect or from delict, because that impediment, stain-note, arises on account of some defect, for instance, some defect of body, or on account of some delict, for instance apostasy from the faith.

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.

II. There are three effects of irregularity: 1. It hinders the reception of Orders and of the first tonsure; 2. It deprives one of the use of all Orders if it be total, but of certain ones if it be partial; 3. It renders one unfit for receiving any benefice whatsoever if it be total: for if it be partial, very many contend that by it the reception of a benefice is not hindered whose duties the irregular man can perform. Irregularity supervening upon a benefice already obtained does not induce the privation of the same, but those who possess it can only be deprived by a judge's sentence.

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.