irregularity
(Latin: in, not; regula, rule; not according to rule)
An impediment introduced by ecclesiastical law preventing one from entering the clerical state, or from the exercise of any orders already received. The Church intends irregularities primarily as a safeguard to the dignity of her ministry, though sometimes they may appear to share the juridical nature of a penalty. Irregularity may rise either ex defectu (from defect) in the subject, as illegitimacy, bigamy, bodily defect; or ex delicto (from crime), as apostasy, heresy, homicide, attempted suicide. The new Code of Canon Law limits once for all the number and kind of irregularities as pertaining to the common law of the Church.
Fuente: New Catholic Dictionary
Irregularity
(Lat. in, not, and regula, rule, i. e. not according to rule)
A canonical impediment directly impeding the reception of tonsure and Holy orders or preventing the exercise of orders already received. It is called a canonical impediment because introduced by ecclesiastical law, for the canons prescribe certain requisites for the licit reception of orders, e.g. moral probity, proper age, legitimate birth, knowledge proportionate to each order, integrity of body, mind, will, and faith. A defect in these qualities prescribed by church regulations is rightly called an irregularity. The direct effect of an irregularity is twofold: first, it prohibits the reception of orders and, second, prevents an order received from being licitly used. Indirectly it impedes one who has become irregular from obtaining an ecclesiastical benefice.
TOTAL OR PARTIAL
Irregu1arity is total when it prohibits the reception of any order and the exercise of every order already received. Such, for example, is the irregularity arising from voluntary homicide. If partial, it interferes with some exercise of an order or prevents only the ascent to a higher order. Thus, the absence of the left eye would not prevent one from ministering as a deacon, but he could not receive the priesthood, and a priest who lost his thumb would become irregular for sacrificing at the altar, but not for hearing confessions.
PERPETUAL OR TEMPORAL
The former irregularity is of its nature enduring; the latter, existent only for a certain period, as a defect of age.
EX DELICTO OR EX DEFECTU
The main division of irregularities is into those which are the consequence of crime (ex delicto) and those which arise from defect (ex defectu), according as they have been imposed by law on account of crimes by reason of which a person becomes unworthy of the reception of orders or their exercise or have been imposed on account of certain defects which would be indecorous in a sacred minister. It is not to be supposed however that irregularity ex delicto has been directly and proximately imposed as a punishment; for when the Church declares one irregular on account of crime, she does not primarily intend the punishment of the guilty one, but rather desires to shield the sanctuary from profanation. As a consequence, irregularity ex delicto resolves itself logically into irrregularity ex defectu. The distinction, however, must be retained in practice, both on account of the laws of dispensation and because irregularity ex delicto is a result of wrongdoing. This distinction has been taken by canonists from a decree of Pope Innocent III (cap. “Accedens”, xiv, X, “De purg. canon.”).
(1) Irregularities ex Delicto or on Account of Crime
In the primitive Church those who had performed public penance for a crime, whether notorious or secret, were not allowed to receive orders; and if already ordained were not admitted to higher orders. This was the first form of irregularity in the legislation of the Church, if we except certain prescriptions which appear in the New Testament (1 Timothy 3:2; 5:22; Titus 1:6). After public penance had fallen into desuetude all faults were atoned for by private penance, and then began the distinction found in the “Corpus Juris Canonici” (c. xxxii, § 3, d. l) between public and private crimes, to the effect that the former produced irregularity, while the latter did not. This was the second form that irregularity assumed. At present, however, a different rule obtains, namely, that only those crimes which are expressly mentioned in law, whether they be public or private, can produce irregularity ex delicto; though it must be noted that crimes to which irregularity is attached on account of infamy do not make a person irregular if they remain secret, while the other crimes mentioned in law do produce irregularity, whether they be public or occult. For the incurring of irregularity ex delicto the act must be external, consummated, and of mortal gravity. Hence, if, on account of circumstances, the act be not a mortal sin, no irregularity is incurred; for while it is true that irregularity is not constituted precisely on account of crime, yet, as a matter of fact, it is never imputed unless there be a crime of mortal gravity. The exception to this rule is homicide, which may sometimes make a person irregular when the fault is only venial. It is to be noted that penance cannot prevent the incurring of an irregularity. Suppose there be question of a doubtful crime. If the doubt be one concerning the law (dubium juris), viz, whether there really exists a canonical irregularity on account of a particular crime, then an irregularity is not incurred. If the doubt concern the fact (dubium facti), viz, whether the crime was actually committed or, if so, whether the act was of mortal gravity, canonists reply with a distinction: if the doubtful fact concerns homicide, then it is probable that irregularity was contracted, on account of the peculiar incongruity of homicide with the clerical state; but if the doubt concerns any other fact, then it is probable that the irregularity has not been incurred, for the accused has the benefit of the doubt.
Homicide and Mutilation
(a) Voluntary homicide, even if occult, is a perpetual irregularity both for the reception of Sacred orders and for the obtaining of any ecclesiastical benefice or office. The same holds for procuring the actual abortion of a living fœtus. The penitential practice of the Church, however, presumes that the male fœtus is animated only after forty days, and the female after eighty days. All those who concur in the homicide as instigators or counsellors also incur irregularity, unless they retracted before the deed was committed and so that their retraction could have been known to the actual perpetrators. As for co-operators in a homicide, if several conspire together, or if in a public brawl all joined in the attack and it can not be known who inflicted the fatal wound, all become irregular, at least in the external forum. Those who are in justice bound to prevent a homicide and neglect their duty also incur irregularity. Homicide for the necessary and just defence of one’s own life, when no other means would ward off the danger, is free from irregularity; but this is not the case if the killing was unnecessary or if the act was perpetrated in defence of goods or even of the life of another. Accidental homicide or that performed by a person who is irresponsible produces no irregularity. When a person performs a licit act, but omits to use all proper diligence or is not sufficiently skilled, and a death follows, he becomes irregular if he could have foreseen the consequence of his act. It is on this account that Benedict XIV declares that physicians wishing to receive Sacred orders should obtain a conditional dispensation.
(b) Mutilation, in the canonical sense, is the separation from the body of one of its principal members or of some part of the body having a distinct office, as a hand or a foot or an eye. He, therefore, who cuts off a finger is not a mutilator, unless it be the index finger or thumb, which, for a priest, are accounted principal members. Those who mutilate themselves or procure mutilation without just cause incur irregularity. In practice, these two points are to be observed concerning homicide and mutilation: first, in doubt as to the fault where the fact is certain, a conditional dispensation must be obtained; and second, in every case of homicide, even accidental, a priest must abstain from the altar until the case be passed on by proper authority.
Abuse of Baptism
This is an irregularity contracted by those who unconditionally reiterate baptism knowingly and openly. In such a case the persons baptizing, receiving baptism, and those co-operating in it all become irregular. Some authors hold that the same irregularity is contracted by those who confer conditional baptism where there is no prudent doubt that the first baptism was valid. Other canonists deny this and their opinion seems preferable. A person who allows himself to be baptized without necessity by a declared heretic falls also under this impediment. It is evident, however, that this does not affect infants baptized by heretics.
Violation of Censure
Irregularity is incurred under this head by those who presume to exercise orders while under censure, i. e. while excommunicated or suspended. It applies equally to all clerics whether in major or minor orders and to the excommunicate vitandi and tolerandi. But to incur it, the incriminating act must be one of order, not jurisdiction, and it must be performed ex officio, with full knowledge and temerity.
Abuse of Ordination
Those who in bad faith receive Sacred orders from bishops who are under censure become irregular and incur suspension from the order received. If the defect be principally in the one ordained, however, he is suspended, but probably does not incur an irregularity.
Heresy, Apostasy, and Schism
Heretics in general are irregular, whether they were born in heresy or lapsed into it from the Catholic Faith. This irregularity also includes the children of heretics to the second degree in the paternal line, and to the first degree in the maternal. If the parents embrace the Catholic Faith, their offspring is no longer irregular. Those born of Jews and pagans are not comprehended under this irregularity. Children are held irregular if born after their parents have fallen into heresy, and if the parents die in heresy. Some older canonists held that in countries where Catholics and non-Catholics live mixed together this irregularity was not contracted. A decree of the Holy Office (9 July, 1884), however, declares that the children of those who die in heresy are irregular, even in countries where heresy is rampant and unchecked. A schismatic is not irregular, unless he be at the same time a heretic. Such schismatics, however, where heresy is conjoined, even after restoration to the unity of the Church, remain irregular, as do also heretics after abjuration and apostates after penance.
Defect of Fame, or Infamy
This is defined by canonists as a state of lowered dignity, or a privation or diminution of the esteem of men. It is called infamia juris when the law declares one to be infamous either ipso facto or after judicial sentence. To the first class of infames belong those who are guilty of marriage with a prostitute, who attack cardinals, commit rape, engage in duels, embrace heresy. Children of those who commit high treason or lay hands on a cardinal are also infamous. If civil laws intend to brand a guilty person with infamy he is held as infamous by Canon law. To the second class, or those who are held infamous only after judicial sentence, belong all convicted of certain crimes expressed in law or who have been condemned to very degrading punishment. Defect of fame is called infamia facti when one perpetrates any crime which forfeits the good opinion of the community. When one’s good name is lost only through a widespread suspicion this is deemed sufficient to impede the reception of Sacred orders. In ancient times certain classes of people, such as hangmen, actors, and others, were considered infamous by their very employment, but at present the actual opinion of the community must be consulted.
(2) Irregularities ex Defectu or on Account of Defect
Proper Age
The Church has prescribed a certain age at which the various ecclesiastical orders may be licitly received (see ORDERS, HOLY).
Defect of Birth
In primitive times illegitimacy was no bar to ordination. In 655 the Ninth Council of Toledo decreed that illegitimate sons of clerics in major orders should be held as serfs of the Church and not be admitted to Holy orders unless first manumitted by the bishop. In the ninth and tenth centuries those born of violated virgins or of incest began to be held as irregular. Various canons were also formed concerning different details of illegitimacy, until finally a general prohibition against all spurious children being admitted to orders was enacted, on the ground that the stain of birth would be a stain on the sacred ministry. At present, therefore, all illegitimate persons are irregular unless they have been legitimated by the subsequent marriage of their parents or by profession in a religious order or by papal rescript. Foundlings of unknown parentage should receive conditional dispensation. Those also are held to be irregular who, though sprung from valid marriage, were born while their parents were bound by solemn vow or after the reception of Sacred orders.
Defect of Liberty
Slaves are irregular unless liberated by their masters. The same irregularity affects those who are responsible to the civil government for the administration of certain offices or duties, as judges, magistrates, guardians, administrators, soldiers. These are not to be ordained until they have freed themselves from their civil duties and dispelled any suspicion of fraudulent dealings. Those, however, who administer charitable funds or have the care of the poor or orphans are not included. Owing to defect of liberty a husband cannot receive orders during the lifetime of his wife, unless she enter religion or make a vow of chastity.
Defect of Matrimony, or Bigamy
In canonical phraseology, bigamy may be of three kinds. It is called true bigamy when a man has contracted a second marriage after the death of his first wife. Such a person is considered irregular for Sacred orders, because according to Innocent III a second marriage does not signify the union of Christ with His Church in the same manner as does a first marriage. Hence this irregularity is technically called defectus sacramenti (i. e. matrimonii). The impediment is not contracted, however, if either the first or second marriage had not been consummated. Bigamy is called interpretative, when, by fiction of law, a person is accounted as having had two wives, when in reality he had but one. This is the condition of a man who marries a widow or one corrupted by another. Similitudinary bigamy is contracted by a person who, bound by solemn religious vows or by Sacred orders, enters into a so-called marriage. Such a one is considered to have contracted two marriages, the one valid and spiritual with Christ, the other carnal and invalid with his guilty partner.
Defect of Mildness
This impediment, termed in Latin defectus lenitatis, makes those persons irregular who voluntarily, actively, and proximately take part with sanction of public authority in the lawful killing or mutilating of another. The reason of this irregularity is that since Christ was the gentlest of men, and priests are His representatives, they should likewise be models of mildness. This irregularity may be contracted in war. Canonists hold generally that in an unjust war all those soldiers who take part in it fall under this impediment if any of the enemy be killed or mutilated. In a just offensive war, both clerics and laics who personally kill or mutilate others become irregular, but not those who exhort others to action, without taking part in the fighting themselves. In a just defensive war, some canonists say that no one contracts irregularity, not even a cleric who personally serves in the ranks and slays others when laymen are not in sufficient numbers to repel the enemy. Other canonists, however, hold that such a cleric would incur irregularity, and this opinion seems more in accordance with Roman decrees (S. C. C., 13 Jan., 1703; 17 Feb., 1816). Irregularity is not, however, contracted by the mere fact of a person’s entering military service. Defect of mildness also constitutes an irregularity for those concerned in legal capital punishment, as judges pronouncing sentences of death, witnesses, accusers, clerks writing out the sentence, and those who carry it into actual execution. As jurymen with us are really judges, they would seem to contract this irregularity likewise. The law is so strict that a judge who decrees a death sentence which was not carried out remains irregular for the reception of Sacred orders. Clerics who prosecute a layman before a court for injuries done to themselves must protest, according to Boniface VIII, that they do not desire sentence of capital punishment, if they wish to keep clear of irregularity. Similar protestation must be made by the ordinary who allows a corpse to be disinterred from the cemetery with a view to proving that some one had committed murder. Those who only remotely concur in a death sentence, as legislators, chaplains, and the like, are not included in this irregularity. As to clerics who practice surgery there is divided opinion among canonists, and while some hold that they contract this irregularity, others deny it, unless they can be shown to have incurred the impediment of homicide or mutilation. Mere disobedience of the Church’s laws as to the practice of surgery by a cleric may be a sin, without necessarily being an irregularity.
Bodily Defects
These constitute an impediment to Sacred orders, either because they render a person unfit for the ministry or because his deformity would make him an object of horror and derision. The following are, therefore, irregular: mutilated persons, those having an artificial limb or who are unable to use their hand or thumb or index finger; the blind and those whose vision is too dim to allow them to read the Missal. Some authors, e. g. Noldin, think that, owing to the present ingenious construction of artificial limbs, this defect is no longer an irregularity, as it has ceased to be a deformity. The absence of an eye, even the left eye, may not constitute an impediment if the person can read the Mass without deformity. In case of doubt the bishop is judge, and, when the defect exists, he makes his declaration to Rome, but in practice the Sacred Congregation generally inclines to the severer view. Total deafness, dumbness, and stammering to such an extent as to make it impossible to pronounce complete words are likewise impediments. Paralytics, the lame who cannot properly perform the ceremonies, those who cannot drink wine without vomiting, lepers, those afflicted with the falling sickness, and in general all whose deformity is very notable are irregular.
Defect of Reason
This irregularity includes the insane, energumens, and simpletons.
Defect of Knowledge
Those who have not acquired the knowledge prescribed by the Council of Trent for the various grades of Holy orders cannot be licitly promoted to them. This defect is one that cannot be dispensed in, say canonists, because it falls under the natural law. When its cause, ignorance, disappears, however, the irregularity disappears without any dispensation.
Defect of Confirmation in Faith
This irregularity embraces neophytes recently converted and those who have not received the Sacrament of Confirmation.
CESSATION OF IRREGULARITIES
Many of the irregularities ex defectu cease without dispensation when their cause is removed. Such are the defects of age, liberty, knowledge. The same is to be said of infamy if it is infamia facti. If it be infamia juris, however, there must be a formal restitution of fame. If the infamy was contracted owing to some civil law it ceases in the ecclesiastical forum at the same time as it does in the civil forum. If a person was accounted irregular on account of some occupation in life, the dismissal of such occupation or condition will remove the impediment without any dispensation. All other irregularities need formal dispensation. In this matter the pope has absolute jurisdiction. A limited power of dispensation is conceded to bishops either by law or special faculties. By canon law a bishop can dispense from irregularities arising from similitudinary bigamy; likewise from illegitimacy, but only for minor orders. The Council of Trent declares that bishops may also dispense in all irregularities and suspensions arising from secret crimes, except voluntary homicide and those concerning which proceedings have been instituted before legal tribunals. The bishop can use his dispensing power, however, only for his own diocesan subjects. In voluntary homicide which is public or notorious the pope himself rarely dispenses. In homicide committed for one’s own defence as well as secret accidental manslaughter, the bishop can dispense. If the latter deed be public the ordinary’s powers extend only to minor orders. Heresy, schism, and apostasy are reserved to the pope, and for them the bishops need special faculties. Bodily defects are to be passed on by the local bishop, but the dispensation must come from the pope. Illegitimacy as an impediment to Sacred orders is reserved to the pope, but it is also removed by a solemn religious profession. Faults committed before baptism do not produce any irregularity. From this sketch it will be seen that irregularities have been constituted by the Church to preserve the dignity and sanctity of the sacred ministry.
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TAUNTON, The Law of the Church (London, 1906), s. v.; AICHNER, Compendium Juris Ecclesiastici (Brixen, 1895); FERRARIS, Bibliotheca Prompta, IV (Rome, 1888), s. v.; LAURENTIUS, Institutiones Juris Ecclesiastici (Freiburg im Br., 1908), 49-69; BOENNINGHAUSEN, De Irregularitatibus (Münster, 1863-66); RICHERT, Die Anfänge der Irregularitäten (Freiburg im Br., 1901).
WILLIAM H. W. FANNING. Transcribed by Douglas J. Potter Dedicated to the Sacred Heart of Jesus Christ
The Catholic Encyclopedia, Volume VIIICopyright © 1910 by Robert Appleton CompanyOnline Edition Copyright © 2003 by K. KnightNihil Obstat, October 1, 1910. Remy Lafort, S.T.D., CensorImprimatur. +John Cardinal Farley, Archbishop of New York
Fuente: Catholic Encyclopedia
Irregularity
is a technical term for the want of the necessary canonical qualifications for the acquisition and exercise of an ecclesiastical office. These requisite qualifications are set forth in canones or regule enacted from time to time by the Church for that purpose. It was based first on the apostolic examples given in 1Ti 3:1 sq.; 1Ti 5:22; Tit 1:6 sq.; and, after the notion of the Levitical priesthood gained ground among the clergy, on the regulations of the O.T., which were explained in a mythical sense. The qualifications themselves can all be reduced to this, that the party ordained should not be in disrepute for crime, or in a state which would render him unfit for and incapable of ordination. Innocent III (in c. 14, X. De purgatione canonica [5, 33] an. 1207) distinguishes nota delicti and nota defectus as impedienta ad sacros ordines promovendum; and subsequent canonists have therefore divided the impediments in a like manner. In early times divers expressions were made use of to designate these impediments, but since Innocent III irregularitas has become the technical name of them in canon law (c. 33, X. De testibus [2, 20] an. 1203). SEE INCAPACITY.
The Greek Church in general adhered more to the principles which had been established during the first six centuries (see Canonses Apostolorum, Conc. Neocesar. an. 314, can. 9 [c. 11, dist. 34]; Concil. Niccen. eod. an., Trullianum, an. 692, can. 21), whilst the Evangelical Church has so far adopted also later regulations, which were in accordance with its general spirit. The formulas of confession and ecclesiastical discipline still continue, however, to refer expressly to the above-named passages of Scripture.
I. Irregularity on Account of a Crime. The apostle demands that he who is to assume an office over the congregation should be unimpeached. Church discipline has gradually defined the offenses which compose irregularity. Originally it consisted of all offenses that necessitated public penance; after the 9th century, of such as were publicly known (delictum manifestum, notorium), and all faults entailing dishonor, in which the infamibus portae non pateant dignitatum of c. 87, De regalisjuris, was practically adhered to (comp. c. 2, Cod, Just. de dignitatibus, 12:1, Constantin.). There are, besides, other offenses named by the law which, even though secret (delicta occulta), constitute irregularity, namely, heresy, apostasy, schism, simony, Anabaptism, subreption of the ordination, promotion without passing through the regular hierarchical degrees, ministration without consecration, performance of worship whilst under excommunication or interdict, disregard of the rule of celibacy, etc. (see Thomassin, Vetus et nova ecclesiae disciplina, pt. 2, lib. 1, cap. 56- 65; Ferraris, Bibliotheca canonica, s.v. Irregularitas, art. 1, No. 11; Ersch und Gruber, Encyklopadie, s.v. Ordination).
Whilst the Greek Church generally adhered to these regulations, the Evangelical Church naturally deviates from them in many particulars, in consequence of the absence of an ecclesiastical hierarchy, the abolition of the rule of celibacy, etc. That a person who has undergone punishment for crime is incapable of being ordained is self-evident. If a party is in bad repute, the congregation has a right to oppose his appointment, in case the imputations are well founded. This is a law among all Christian denominations.
The Romish Church suppresses the consequences of irregularity on account of crime by means of a dispensation which the bishops are empowered to give when the crime is not public, except in case of premeditated murder (Concilium Trident. Sess. 24, cap. 6, De reform. verb.; Sess. 14, cap. 7, De reform.). In this case the dispensation can come only from the pope himself. So also for public offences, except he delegates special powers to the bishop for that purpose. In the Greek Church, on the contrary, the strict regulations of old are maintained, whereby irregularity for heavy offences cannot be removed (Thomassin, Vetus et nova eccles. disciplina, cap. lx, 12),
II. Irregularity caused by Want of Qualification. Irregularity for offense constitutes also irregularity for want of sufficient qualification, as it entails the loss of good reputation (defectus fiamae); to this are, however, added other causes which are considered as defects. Among these are:
1. Defectus cetatis (want of the canonical age). The age appointed for ordination has undergone various changes. According to the present canon law, the primary consecration of the Romish Church can be imparted in the seventh year; it is the tonsure (c. 4, De temporib. ord. in 6 [ 1, 9] Boniface VIII; Cone. Trid. Sess. 23, cap. 4, De reform.). The age demanded for the other orders is: for subdeacons, the twenty-second; deacons, the twenty-third; presbyters, the twenty-fifth; bishops must be over thirty (Conc. Trid. Sess. 23, cap. 12, De reform.). Yet the pope can grant dispensations. In the Greek Church, the old rule demanding that deacons should be twenty years old when ordained, and presbyters thirty; is still retained (Nov. Justin. 137, cap. 1; Cone. Trullianum., can. 12). The evangelical churches generally require full majority, or twenty-five years; in some countries ordination is given at twenty-one. Dispensations are also granted under certain circumstances. The Church of England requires candidates to deacons’ orders to be twenty-three, presbyters twenty-four, and bishops thirty.
2. Defectus natalium (legitimorum). Illegitimacy was no obstacle to ordination in the ancient Church (c. 8, dist. 56, Hieronymus). It has been considered so since the 9th century; yet the rule was not very strictly enforced (Concil. Weldense, an. 845 [in cap. 17, Song of Solomon 1, qu. 7]; Regino, De discipl. eccl. lib. 1, c. 416 sq.). Especial action was taken concerning the children of ordained priests (Concil. Pictaviense, an. 1078 [ c. 1, X. De fillis presbyterorum ordinandisve non, 1, 17 ]; Claramontan. an. 1095 [comp. c. 14, dist. Ivi, Urban II), etc.’; see especially dist. 56, tit. 10:1, 17; lib. 6:1, 11; Cone. Trid. Sess. 25, cap. 15, De reform.), and justified their laws by the passage of the O.T., Deu 23:2 (comp. c. 10, 6, X. De renunciat. 1, 9, Innocent III, an. 1206). This defect, however, can be remedied (a) by recognition (c. 6, X. Qui filii sint legitimi, 4:17, Alexander III); (b) by entrance into a convent or foundation of regular canons (c. 11, dist. 56, Urban II; c. 1, 10. De filiis presbyterorum, etc.). This regulation, abolished by Sixtus V, was restored by Gregory XVI in 1591, but with this condition, that such persons should be disabled from prelatical honors. (c) By dispensation; which, for ordines minores, and for majores when the defect is not publicly known, can be granted by the bishop; otherwise, for ordines majores, and benefits connected with cure of souls, the dispensation can be granted only by the pope (c. 1, De filiis presbyterorum, in 6 [1, 11; comp. c. 20, 25, X. De electione [1, 6]). The Greek Church does not recognize this defect (Thomassin, cap. 81, 4), neither does the evangelical Church, although many jurists consider the canonical principle on which it is based as common law (Wiese, Kirchenrecht, pt. 3, sec. 1, p. 160; Eichhorn, Deutsches Privatrecht, 89; Kirchenrecht, 1, p. 704).
3. Delecius corporis. In imitation of the Mosaic law (Lev 21:17-20 sq.), it was at an early time demanded that the candidates for orders’ should have no bodily blemishes such as might render them unfit for the duties of their office, or a subject of dislike to the people (Constif. Apost. lib. 7, cap. 2, 3; Canones Apostolorlum, cap. 76, 77). The Church became subsequently very strict on this point, and declared all bodily defects sufficient ground for irregularity (cap. 2, dist. 33; cap. 7, dist.. 34; c. I, dist. 36; c.,1, 3, dist. 55, etc.), but finally returned again to the former rules (tit. 10, De corpor. vitiatis Cordinandis vel non, 1, 20). Thus ordination is refused to the deaf, dumb, and blind (Con. Apostol, 77, c. 6, X. De clerico aegrotante vel debilitato, 3:6); also to those who have but one eye, especially if the one wanting is the left (oculus canonis), as in reading mass the Missal is placed on the left side (cap. 13, dist. 55), the lame (c. 10, dist. 55; c. 56, dist. 1, De consecr.), epileptics (c. 1, 2, Song of Solomon 7, qu. 2; c. 21, X. De electione is 6), lepers (c. 3, 4, X. De clerico engrot. 3:6), those who had mutilated themselves (c. 21 sq; Apost. c. 7 sq., dist. 55), hermaphrodites (Ferraris, Bibliotheca canonica, s.v.). In some of these cases there can be dispensations granted, as, for instance, for the loss of the left eye, when the right has gained more strength so as to compensate for the defect (Ferraris, s.v. Irregularitas, art. 1, no. 12). The Greek Church has retained the original principle, and its application by the Evangelical Church appears fully justified..
4. De Jectus anime (want of spiritual capacity). Thus madness, imbecility, etc., are grounds of irregularity (c. 2-5, dist. 33).
5. Defectus scientip (the want of adequate educational preparation). In accordance with various passages of the O.T. (Jer 1:9; Hos 4:6; Mal 2:7, etc.), even the early Church demanded of its officers to have enjoyed special educational advantages, which alone-could qualify them to act as teachers of the people (comp. dist. 36-38, etc.), and the civil laws also insisted on this point (Novella, 5. 6, cap. 4, etc., Capitulares of Charlemagne; Rettberg, Kirchengesch. Deutschlands, vol. 2, 124). With regard to the different orders special regulations were gradually adopted. The Council of Trent prescribes: Prima tonsura non initientur, qui sacramentum confirmationis non susceperint et fidei rudimenta edocti non fuerint, quique legere et scribere nesziant. Minores ordines iis qui saltem Latinam linguam intelligant… conferantur. Subdiaconi et diaconi or- dinentur… in minoribus ordinibus jam probati, ac libris et iis quee ad ordinem exercendum pertinent instructi. Quiad ordinem presbyteratus assumuntur… ad populurr docenda ea, que scire omnibus necesse esf ad salutem, ac ministranda sacramenta diligenti examine precedente idonei comprobentur. Qui cunque posthac ad ecclesias cathedrales erit assumendus… antea in universitate studiorum magister sive doctor aut licentiatus in sacra theologia vel jure canonico merito sit promotus, aut publico alicujus academic testimonio idoneus ad alios docendos tendatur (Concil. Trid. Sess. 23:cap. 4, 11, 13, 14, De reform; Sess. 22, cap. 2, De reform.). No dispensations can be granted for this case; still the pope may direct that a party be ordained without possessing the necessary instruction, but should not act in the office until he has remedied this defect. Otherwise the party thus ordained is to be deposed (c. 15, X. De aetate [1, 14]), The Evangelical Church has from the beginning attached much importance to the proper preparation and natural attainments of candidates. They are therefore generally subjected to examinations before ordination. SEE LICENTIATE; SEE MINISTRY; SEE THEOLOGICAL EDUCATION; and also the different articles on Christian denominations.
6. Defectus fidei (want of a well-grounded faith). In consequence of the prescription of the apostle (1Ti 3:6; 1Ti 5:22) that no should be ordained, the Church commanded that none should be ordained immediately after conversion (Canon. Apost. 79; Concil. Nicen. 325, c. 2 [c. 1, dist. 47]; Gregorius, anno 599 [c. 2, eod.]), and especially none who had been baptized in sickness (clinici) (Cone. Neocaesar. an. 314, c. 12 [c. 1, dist. 57]). Its original strictness-against the children and relatives of heretics was subsequently relaxed, and even the decrees concerning new converts fell into disuse where such showed that they possessed a firm faith (c. 7, X. In fine de rescriptis [1, 3]); Gonzalez Tellez, Comment. No. 7; Lancelot, Instit. jur. can. lib. 1, tit. 7: 12). It was, however, always the rule that no new convert could be raised at once to high offices (c. 1 sq., dist. 61), and this rule has been maintained in the Greek Church (Synod. 1 et 2, anno 861, c. 17). In the Evangelical Church it was also forbidden to raise any proselyte to office, but this is not generally adhered to in practice.
7. Defectus perfectae lenitatis (want of meekness). It applies to those who have departed from the principle Ecclesia no sirit sancuinem. Hence, to those who have shed blood in war (Cone. Tolef. 1, anno 400, c. 8 [c. 4,’ dist. 51].; Innocent I, anno 404 [c. 1, cod.]; c. 24, X. De homicidio [5, 12], Honorius III); also those who have sat as accuser, witness, lawyer, judge, or juryman in a criminal court, and taken part-in a sentence of death (Concil. Tolet. 4, anno 633, c. 31; Cone. Tolet. 11:anno 675, c. 6 [c. 29, 30, can. 23, qu. 8]; c. 5, 9, X. Iu clerici vel monachi negotiis secularibus se immisceant, 3, 50; comp. c. 21, X. De homicidio, 5. 12, etc., especially the glosses to c. 1, dist. 41, Ad. 5. sacerdotium); also all who had practiced surgery, in so far as cutting and cauterizing were concerned (quae ad ustionem vel incisiolen inducit) (c. 9, X. cit. 3:50).
8. Defectus sacramenti (marimonii) (want of adherence to the rule of monogamy). The apostolic command about the bishops and deacons being the husbands of one wife (1Ti 3:2; 1Ti 3:12; Tit 1:6) was by the Church considered as forbidding not only actual bigamy (bigamia vera sen simultanea), but also second marriage (bigamia successiva) (dist. 26; c. 1, 2, dist. 33, tit. 10:De bigamis non ordinandis, 1, 21, etc.). The idea of bigamy was subsequently extended to include marriage with a widow or a deflowered virgin (bigamia intepretativa) (c. 2, dist. 33; c. 10, 13, dist. 34; c. 8. dist. 1; c. 10, 6, X. De renunciatione, 1, 9; c. 33, X. De testibus, 2, 20; c. 4, 5, 7, X. De bigamis non ord. 1, 21; Novella Justiniani, 6, cap. I, 3; cap. 5, 123; cap. 12); also the continuation of the marriage relation after a woman had committed adultery (c. 11, 12, dist. 34). Finally, it was considered bigamy for those who, by a vow of chastity, had been joined in spiritual marriage to the Church, like monks, or who had attained high ecclesiastical positions, to marry even a virgin (bigamia similitudinaria) (c. 24, can. 27m qu. 1 [Conc. Ancyr. an. 314]). In this case the irregularity results non propter sacramenti defectum. sed propter affectum intentionis cum opere subsecuto, as Innocent III expressly declares (c. 4 and 7. X. De bigamis non ord.). This constitutes a real offense, for which, however, the bishop can give a dispensation (c. 4, X. De clericis conjugatis, 4:3; c. 1, X. Qui clerici vel voventes matrim. contrahere possunt, 4, 6). In cases of real bigamy, the dispensation is granted by the pope himself for higher, and by the bishop for minor orders (see glosses on c. 17, dist. 34, and on c. 2. X. De bigamis non ord.). The Greek Church follows the same principles, whilst the Evangelical Church thinks there is nothing reprehensible in repeated marriages, even with widows (see Rom 7:2-3; 1Co 7:39).
9. Defectus famae (a bad reputation). On the many cases of this kind which may produce irregularity, but are distinguished from those in which irregularity results from a misdeed, see Ferraris, Bibliotheca canonica, s.v. Irregularitas, art. 1, no: 12, a; E. Phillips, Kirchenrecht, vol. 1, c. 53.
10. Defectus libertatis (want of liberty). No one who is not perfectly free to dispose of himself can be ordained until consent has been given to it by the party on whom he depends. Thus slaves require the assent of their master (Canones Apostolorum, c. 82; c. 1, 2, 4 sq., 12, 21, dist. 54; c. 37, can. 17, qu. 4, tit. 10:De servis non ordinandis, 1, 18). But on being ordained with the consent of their master they become free; when they are ordained without his consent he can reclaim them within one year (Novella Justiniani, 123, cap. 17, Auth. si servus [c. 37, Cod. de episcopis et clericis, 1, 3]). Yet we find among the clergy of the Middle Ages some who remained in the dependence of their former masters after their ordination, though with some restrictions (see Ftrth, Die Ministerialen, Cologne, 1836, 272, p. 462-465). Those who are liable to civil or military duties are to free themselves from such obligations before ordination (Cod. Theodos. tit. De decurionibus, 12:1; c. 12, 53, Cod. Justin. De episcopis et clericis, 1, 3; Noella, 123, cap. 1, pr. 1; cap. 15. Auth. sed neque curialem [Cod. de episcopis et clericis, 1, 3]; c. 1-3, dist. 51; c. 3, can. 23, qu. 6, etc.). Those who have accounts to settle are to do so before being ordained (Conc. Carthag. anno 348, c. 8; and c. 3, dist. 54, cap. un. X. De obligatis ad ratiocinia ordinandis vel non, 1, 19; c. 1, disit. lv [Gelasius, 494]; c. 1, dist. 53 [Gregor. 1, 598]). Those who are married require the consent of their wife, who is then to take the vow of chastity or to enter a convent (c. 6, dist. 38 [Concil. Arelat. 2, 461?]; c. 8, X. De clericis conjugatio [3, 3], Innocent III, an. 1207; comp. c. 5, 8, X. De conversione conjugatorum [3, 32], Alex. III; c. 4, De tempore ordinat. in 6 [1, 9], Boniface VIII). According to Greek canon law the presbyter may be married; and it is only in case he should be made bishop that his wife is obliged to enter a convent (Cone. Trullian. an. 692, c. 48). Children need the consent of their parents until they have reached the age of puberty (fixed at 14) (c. I, can. 20, qu. 2; c. 5, dist. 28). See Thomassin, Vetus et nova ecclesice ,7, 1, 7. part 2. lib. 1. cap. 12-92, Phillips, Kirchenrecht, vol. 1, 46-53. Herzog, Real Encyklopadie, 7:67 sq. 7. (J. N. P.)