IRREGULARITY. — Irregularity is a perpetual canonical impediment which, for the sake of the dignity of the sacred ministry, first of all forbids the licit reception of Orders, including the tonsure, and consequently their exercise. It is neither a medicinal nor a vindictive penalty, but simply a physical or moral defect.
Irregularities are very ancient in the Church; the Apostle Paul already listed two: one perpetual (successive bigamy: I Tim. 3:2, 12; Tit. 1:6), the other temporary (recent conversion: I Tim. 3:6). The ancient canonists called the prescriptions of St. Paul the “apostolic rule” and described as “irregular” those who departed from II. St. Augustine, in Epistle 60 (PL 33, 288), already speaks of the integrity of a regular person, suited to the clerical state; Rufinus (d. ca. 1190) was the first to use the word irregularity; Goffredus of Trani (d. 1245), on the other hand, introduced the division of irregularities into ex defectu and ex delicto. Finally, Innocent IV (1243–54) was the first of all to deal expressly with irregularities.
Since the laws on irregularities did not originate solely in written law and, moreover, the Corpus iuris canonici lacked a special title enumerating them, jurists differed greatly regarding their nature and division.
The CIC, in order to eliminate the doubts mentioned above and to avoid new possible difficulties, orders the entire subject of irregularities and establishes that their sole source is the universal law contained in it (can. 983). It is nevertheless asked whether the irregularities listed by the CIC (cann. 984–85) may be modified, suppressed, or increased by universal customary law; the affirmative opinion is more probable, because such customs are not condemned in the law currently in force (can. 27).
Much more clearly than before, the CIC distinguishes irregularities solely into ex defectu and ex delicto. The former originate in a necessary circumstance or in a fault extrinsic to the irregular person; the latter, in a delict of his own (cf. can. 2195 § 1). The latter, however, are not incurred unless the delict was a grave sin, committed after Baptism (except for the reception of Baptism from non-Catholics), external, and either public or occult (can. 986).
I. ex defectu (can. 984). The following are irregular:
1) “The illegitimate, whether the illegitimacy is public or occult, unless they have been legitimated or have made solemn vows.” Illegitimate are all those who were not born of a valid or putative marriage, or who were conceived by parents to whom, because of solemn profession or Sacred Orders, the use of a marriage contracted previously was forbidden at the time of conception (can. 1114). Illegitimacy and, consequently, irregularity may be removed: a) by the subsequent marriage of the parents according to the provisions of cann. 1116–17 (cf. cann. 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 defective in body who cannot serve at the altar either safely because of weakness or decently because of deformity. Nevertheless, in order to impede the exercise of an Order lawfully received, a more serious defect is required, and even on account of this defect those acts which can suitably be performed are not forbidden.” The CIC does not state at all which physical defects render a person irregular. While the ancient question of the canonical eye has been abolished, the completely blind, deaf, or mute, those who are notably lame or deformed, hunchbacked persons, those lacking a thumb or index finger, especially on the right hand, etc., are considered irregular. In doubt, it belongs to the bishop to decide the matter.
3) “Those who are or have been epileptics, mad, or possessed by the devil; but if they became such after receiving Orders and it is certainly established that they are now free, the Ordinary may again permit his subjects to exercise Orders.” The CIC does not admit exceptions for such defects when it is a matter of access to Orders; but if one or more of the aforementioned impediments should arise after Orders have been received, judgment concerning their exercise is left to the Ordinary (can. 198).
4) “Bigamists, that is, those who successively contracted two or more valid marriages.” This is called true bigamy, the only kind that causes irregularity. For irregularity, it is not required that the two or more marriages have been consummated.
5) “Those affected by infamy iuris,” a vindictive penalty (can. 2291, 4) by which certain delicts are punished; it does not arise immediately from the delict, but from the defect of good repute caused by the condemnatory sentence or by knowledge of the delict itself.
6) “The judge who pronounced a sentence of death.” The word judge signifies both an individual person and a collegiate tribunal, that is, the persons composing II. The sentence is presumed to be just; otherwise the judge would become irregular ex delicto (can. 985, n. 4). The so-called “jurors” do not incur this irregularity unless, according to the laws of their nation, they are true judges and pronounced the sentence of death. Nor does the judge incur this irregularity, called, like the following one, ex defectu lenitatis christianae, if he pronounced the aforesaid sentence before receiving Baptism. It is not established that execution of the sentence itself is necessary in order to incur irregularity.
7) “Those who have assumed the office of executioner and their voluntary and immediate collaborators in carrying out the capital sentence.” An executioner is one appointed to kill, in the name of the public authority, those condemned to death following a sentence. The mere voluntary assumption of such an office produces irregularity. For his voluntary and immediate collaborators, the execution of the capital sentence is required. The aforesaid offices, if exercised before receiving Baptism, do not produce irregularity.
I. ex delicto (can. 985). The following are irregular:
1) “Apostates from the faith, heretics, and 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 atheistic sect incur this irregularity as apostates. Those enrolled in good faith in a heretical or schismatic sect should be granted a dispensation ad cautelam so that they may enter Orders.
2) “Those who, outside the case of extreme necessity, in any manner allowed Baptism to be administered to them by non-Catholics.” By non-Catholics are meant only baptized apostates (and those who are or have been enrolled in an atheistic sect), heretics, and schismatics.
3) “Those who, bound by marriage, Sacred Orders, or religious vows, even simple and temporary ones, dared to attempt marriage or to perform even merely the civil act; or 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 an abortion followed by its effect, and those who cooperated therein.” In both homicide and abortion, the cause is understood to be voluntary and direct. Among those cooperating in either delict, only positive cooperators are included, while negative cooperators are always excluded (cann. 2209–31). If, for any reason, the effect did not follow (cf. cann. 2212–13), none of the persons mentioned incurs irregularity.
5) “Those who mutilated themselves or others, or who attempted to take their own life.” Mutilation is the amputation of a part of the body having a function of its own distinct from that of the other members; for example, the eyes, arms, hands, or feet. An attempt at mutilation is not sufficient; an attempt at suicide, however, is sufficient.
6) “Clerics who practice the medical or surgical arts forbidden to them, if death results from this.” It is nevertheless necessary that death result praeter intentionem, because otherwise the irregularity of voluntary homicide (n. 4) would apply.
7) “Those who perform an act of an Order reserved to clerics constituted in the 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 the laws concerning irregularities are “odious,” they must be interpreted strictly. Therefore, irregularities must be certain, that is, the fact from which they arise must exist with certainty. And even though the CIC is silent on the matter, in the event of a doubt of law or of fact, the irregularity or impediment must be considered not to have been incurred. Irregularities and impediments, having their origin only in ecclesiastical law or in a consuetudo iuris, can be incurred only by the baptized; nevertheless, an act performed before Baptism may, after Baptism, become the cause of an impediment; e.g., a double legitimate and consummated marriage. The legislator expressly establishes (cf. can. 988) that ignorance, even inculpable ignorance (as likewise oversight, inadvertence, etc.), of irregularities and impediments does not excuse one from incurring them, except as stated regarding irregularities ex delicto.
An individual may incur several irregularities and impediments, which multiply only if their cause is completely different, as, for example, illegitimacy and homicide. When the same cause is repeated, they never multiply, unless it concerns voluntary homicide. And this sole exception cannot be extended to abortion. It is in fact a law of strict interpretation.
Except for what is established in can. 984, nn. 1, 3, and for what concerns the irregularity ex vitio corporis (can. 984, n. 2), which ceases if that defect completely ceases, however this may occur, all the other irregularities cease only either when the law or custom constituting them ceases, or by legitimate dispensation: they are in fact impediments perpetual by their nature.
The Supreme Pontiff, by his own authority, can dispense from all irregularities and ordinarily grants such dispensations through the SS. Congregations, according to their respective competencies (can. 246 ff.). The Ordinaries (can. 198 § 1) may dispense, for themselves or for others, their own subjects from all irregularities arising from an occult delict (can. 2197 nn. 1, 4), except an irregularity originating in homicide or voluntary procured abortion (can. 985, n. 4), and any other irregularity brought before the judicial forum in accordance with can. 1725 (can. 990 § 1). The same faculty belongs to any confessor in occult cases in which, because of the urgency, it is impossible to approach the Ordinary and there is imminent danger of serious harm or infamy, but exclusively so that the penitent may licitly exercise the Orders already received (can. 990 § 2).
In petitions for dispensation, all irregularities and all impediments must be indicated; otherwise, the general dispensation will be valid for those omitted in good faith, except in 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 offenses of the same kind be indicated, because, as stated, the repetition of the same cause does not multiply irregularities (can. 989). However, if it concerns an irregularity arising from voluntary homicide, the number of offenses must be indicated under pain of nullity of the dispensation (can. 991 §§ 1-2). A general dispensation to receive Orders also applies to the major Orders; and one who has obtained such a dispensation may obtain non-consistorial benefices, even with the care of souls, but may not be appointed cardinal, bishop, abbot, prelatus nullius, or major superior in an exempt clerical religious institute (can. 991 § 3). If the dispensation is granted in the external forum, it must be given in writing; this absolutely cannot be done if it is granted in the sacramental internal forum. If, on the other hand, it is granted in the non-sacramental internal forum, it must be delivered in writing and recorded in the secret book of the Curia (can. 991 § 4).