IRREGULARITY. — Irregularity is a canonical impediment, perpetual in nature, which, for the sake of decorum in the sacred ministry, primarily prohibits the lawful reception of Orders, including tonsure, and consequently the exercise thereof. It is neither fully medicinal nor vindictive in character, but rather a simple physical or moral defect.
Irregularities are of very ancient origin in the Church; already the Apostle Paul enumerated two: one perpetual (subsequent bigamy: 1 Tim 3:2, 12; Tit 1:6), and the other temporary (recent conversion: 1 Tim 3:6). The ancient canonists termed the prescriptions of St. Paul as the “apostolic rule” and designated as “irregular” all who departed from II. St. Augustine, in his Epistle 60 (PL 33, 288), already speaks of the integrity of a person who is regular and fit for the clerical state; the term irregularity was first used by Rufinus (d. c. 1190), while Gaffredo da Trani (d. 1245) introduced the division of irregularities into those arising from a defect (*ex defectu*) and those arising from a delict (*ex delicto*). Finally, Innocent IV (1243–54) was the first to treat expressly of irregularities.
Since the laws on irregularities did not originate solely from written law and moreover there was no special title in the *Corpus iuris canonici* that enumerated them, jurists greatly disagreed regarding their nature and classification.
The *Code of Canon Law* (*CIC*), in order to eliminate the aforementioned doubts and to forestall new difficulties, regulates the entire matter of irregularities and establishes that the sole source thereof is the universal law contained within it (can. 683). It is nevertheless questioned whether the irregularities listed by the *CIC* (can. 984–85) may be modified, suppressed, or augmented by universal customary law; the more probable opinion is in the affirmative, since such customs are not reprobated in the present law (can. 27).
More clearly than before, the *CIC* distinguishes only between irregularities arising from a defect (*ex defectu*) and those arising from a delict (*ex delicto*). The former originate from a necessary fact or from a fault external to the irregular person; the latter arise from a delict committed by the person himself (cf. can. 2195 §1). However, the latter irregularities are not incurred if the delict was not a grave sin committed after Baptism (with the exception of reception of Baptism from non-Catholics), and if it was external, public, or occult (can. 986).
1. **Irregularities arising from a defect (*ex defectu*)** (can. 984). The following are irregular:
1) “Illegitimate persons, whether the illegitimacy be public or occult, except those who have been legitimized or have taken solemn vows.” Illegitimate persons are all those who were not born of a valid or putative marriage or who were conceived by parents to whom, by reason of solemn profession or Sacred Orders, the use of marriage was forbidden at the time of conception (can. 1114). Illegitimacy and consequently irregularity may be removed: a) by the subsequent marriage of the parents in accordance with cann. 1116–17 (cf. can. 232 §2, 1; 331 §1, 1; 320 §2; response of the Pontifical Commission, 10 July 1930); b) by a rescript of the Holy See; c) by solemn religious profession.
2) “Those who are physically defective and cannot serve at the altar either safely on account of weakness or decently on account of deformity. However, to prevent the exercise of an Order lawfully received, a more serious defect is required, and even on account of such a defect those acts which can be performed conveniently are not prohibited.” The *CIC* does not specify which physical defects render one irregular. While the ancient question of the “canonical eye” has been abolished, the following are considered irregular: the blind, the deaf, the mute, those who are notably lame or deformed, the hunchbacked, and those lacking a thumb or index finger, especially on the right hand, etc. In cases of doubt, it is for the bishop to decide.
3) “Those who are or have been insane or possessed by a demon; if such conditions arise after the reception of Orders and it is certain that they are now free, the Ordinary may permit his subjects to exercise the Orders again.” The *CIC* does not admit any reasons of this kind when it comes to access to Orders; if one or more of the aforementioned impediments occur after the reception of Orders, the judgment regarding the exercise thereof is left to the Ordinary (can. 198).
4) “Bigamists, that is, those who have contracted two or more valid marriages successively.” This is called true bigamy, and it alone causes irregularity. It is not required that the two or more marriages have been consummated.
5) “Those struck by infamy of law,” a vindictive penalty (can. 2291, 4) by which certain delicts are punished. It does not have its immediate origin in the delict itself, but rather in the lack of good repute, which gives rise to the condemnatory sentence or the knowledge of the delict itself.
6) “The judge who pronounced a sentence of death.” The term judge refers both to a single person and to a collegial tribunal, that is, the persons who compose II. The sentence is presumed just; otherwise, the judge would incur irregularity *ex delicto* (can. 985, n. 4). Those known as “jurors” do not fall under this irregularity unless, according to the laws of their nation, they are true judges and pronounce the sentence of death. Nor does the judge who pronounced such a sentence before receiving Baptism incur this irregularity, which, like the following one (*ex defectu lenitatis christianae*), is said to arise from a lack of Christian gentleness. It does not appear that the execution of the sentence itself is necessary to incur irregularity.
7) “Those who have assumed the office of executioner and their voluntary and immediate collaborators in the carrying out of a capital sentence.” An executioner is one deputed by public authority to put to death those condemned to death by sentence. The mere voluntary assumption of such an office produces irregularity. For voluntary and immediate collaborators, the carrying out of the capital sentence is required. The aforementioned offices, if exercised before receiving Baptism, do not produce irregularity.
2. **Irregularities arising from a delict (*ex delicto*)** (can. 985). The following are irregular:
1) “Apostates from the faith, heretics, schismatics.” The Pontifical Commission for the Authentic Interpretation of the *CIC* declared on 30 July 1940 that those who are or have been enrolled in an ethical sect incur this irregularity as apostates. To those enrolled in good faith in a heretical or schismatic sect, dispensation *ad cautelam* should be granted so that they may be admitted to Orders.
2) “Those who, outside the case of extreme necessity, in any way permitted themselves to receive Baptism from non-Catholics.” By non-Catholics are meant only baptized apostates (and those who are or have been enrolled in an ethical sect), heretics, and schismatics.
3) “Those who, bound by marriage or by Sacred Orders or by religious vows, even simple and temporary, dared to attempt marriage or even merely to enter into a civil act; or those who, being free, attempted it with a woman bound by the same vows or by a valid marriage.”
4) “Those who committed voluntary homicide or abortion, where the effect followed, and all who cooperated therein.” For both homicide and abortion, the cause is understood to be voluntary and direct. Among those cooperating in either delict, only positive cooperators are included, always excluding negative cooperators (can. 2209–31). If, for any reason, the effect did not follow (cf. can. 2212–13), none of the aforementioned incur irregularity.
5) “Those who mutilated themselves or others or attempted to take their own life.” Mutilation is the amputation of a part of the body that has a distinct function of its own, as, for example, the eyes, arms, hands, or feet. An attempt at mutilation is not sufficient; however, an attempt at suicide is sufficient.
6) “Clerics who practice the medical or surgical art, which is forbidden to them, if death follows therefrom.” It is required, however, that the death follow *praeter intentionem*, for otherwise one would fall under the irregularity of voluntary homicide (n. 4).
Those who perform an act of Order reserved to clerics constituted in Sacred Order, either because they lack that Order or because they are prevented from exercising it by a canonical penalty, whether personal (medicinal or vindictive) or local.
Since laws regarding impediments are “odious,” they must be interpreted strictly. Therefore, impediments must be certain, that is, the fact from which they arise must exist in a certain manner. And even if the CIC is silent on this point, in case of doubt of law or of fact, the impediment or prohibition must be considered as not contracted. Impediments and prohibitions, having their origin only in ecclesiastical law or in a iuris consuetudo, can be contracted only by the baptized; however, a fact committed before Baptism can, after it, become a cause of impediment; for example, a subsequent legitimate and consummated marriage. The legislator expressly sanctions (cf. can. 988) that ignorance, even inculpable (as well as error, inadvertence, etc.) of impediments and prohibitions, does not excuse from incurring them, except as stated for impediments arising from a delict.
An individual can incur multiple impediments and prohibitions, which multiply only if their cause is completely different, as, for example, illegitimacy and homicide. With the repetition of the same cause, they never multiply, except in the case of voluntary homicide. And this single exception cannot be extended to abortion. This is indeed a law of strict interpretation.
Excepting what is established in can. 984, nn. 1, 3, and 4, what pertains to the impediment ex titulo corporis (can. 984, n. 2), which ceases if such defect completely ceases, in whatever manner this occurs, all other impediments cease only insofar as the law or custom that constitutes them ceases, or through legitimate dispensation: these are indeed impediments that are by their nature perpetual.
The Supreme Pontiff, by his own authority, can dispense from all impediments and is accustomed to grant such dispensations through the Sacred Congregations, according to their respective competencies (can. 246 ff.). Ordinaries (can. 198 § 1) can dispense, for themselves or for others, their own subjects from all impediments arising from an occult delict (can. 2197 nn. 1, 4), with the exception of those arising from voluntary homicide or procured abortion (can. 985, n. 4) and any other derived from the judicial forum according to can. 1725 (can. 990 § 1). The same faculty pertains to any confessor in occult cases, where recourse to the Ordinary cannot be had due to urgency and there is imminent danger of grave harm or infamy, but solely so that the penitent may licitly exercise Orders already received (can. 990 § 2).
In petitions for dispensation, all impediments and prohibitions must be indicated; otherwise, a general dispensation will be valid for those omitted in good faith, excepting the cases excluded by can. 990 § 1, but not for those omitted in bad faith. For the validity of the dispensation, it is not required that the number of delicts of the same kind be indicated, because the repetition of the same cause, as stated, does not multiply the impediments (can. 989). However, if it concerns an impediment arising from voluntary homicide, under pain of nullity of the dispensation, the number of delicts must be indicated (can. 991 § 1-2). A general dispensation to receive Orders also extends to major Orders; and whoever has obtained such a dispensation can obtain non-consistorial benefices even with the care of souls, but cannot be named cardinal, bishop, abbot, prelate nullius, or major superior in a clerical exempt religious institute (can. 991 § 3). If the dispensation is granted in the external forum, it must be given in writing; this cannot be done at all if it is granted in the sacramental internal forum. If, however, it is granted in the non-sacramental internal forum, it must be delivered in writing and must be recorded in the secret book of the Curia (can. 991 § 4).