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Irregularities and Simple Impediments in the New Code of Canon

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CONTENTS

Introduc ion Chapter and of Irregularit
Ch pter II The Subject of Irregularit Chapter III Irr gularities Arisi g from Def ct Chapter IV Irregularities Arising from rime Chapter Simple Chapter VI The Cessation of Irregularities and
Simple I p diments

INTRODUCTION

The Ch rch always exercised the greatest solici tude the members her clergy T is fact is clearly evident in her repeated promulgation decrees dif er ent co ncils synodal enac ments relative this phase her organization Her e orts in th s respect have been nobly and generously seconded verywhere and at all times by hierarchy as may be substantiated liable doc ent ry proof subje t r egularity is its very nature an po tant Irreg larities have been institut d by the Church preserve the dignity and honor her min
Since priest is be another Chr st it tting that only wor y candidates be adm tted the ministry but c ndidates are capable performing their dut e with that decency and decorum which sacred character ch duties and the Ch rch require It is incumb nt upon bishops provide that be admitted clerical state is endowed with necessary qualifications Moreover it is their duty forbid to those have contracted an irregularit impediment subsequent the reception orders their office until the irregularity is removed the impediment ceases exist
It is moreover necessary for every priest having souls entrusted his care acquaint himself with the su ject irregularity lest peradventure present himself as a candidate the priesthood who is a fit subject
Finally the priest as confessor must know the nature and e fect irregularity and when it is contracted when he may may absolve as admonish the penitent accordingly
Several important changes are be found in the new church law irreg larities These changes while very numerous are practical impor ance It is with a view studying these that the present dissertation was written The w iter has endeavored present an count the origin and development the canons deal
INT O CTION ing with this subject The purpose this is deter mine the relations and conn ctions existing between the new and old law Studied in t s lig t the exact spirit meaning and application the new legislation is more readily evolved
The legislation in the new Code Canon Law dealing with irregularities is be found in the third book Ti caput II Art II which reats ecclesiastical things in general
The title simple impediments which immediately follows that of irregularity in the new Code is inti mate y connected with the latter that we deemed per accord it a detailed treatment
The interpretation and application a new law

  • ways gives rise a certain amount
  • Deci

sions have already been given to questions proposed di ulties submitted It is only a question time when more uthentic decisions will be had
EFINITION IVI ION OF IRRE UL RITY
CHAPTER I

DEFINITION AND DIVISION IRREGULARITY

word irregularity etymologically considered is a compound of the two Latin words in which here de notes exclusion and regula rule hence not accordi g to rule In the can nical sense it denotes the absence of certain qualificati ns necessary for initiation into the clerical state The word also signifies a departure from the rule hence als in the canonical sense that in which a man devia es from the law of the Church on irregular ity Prior to the publication of the new Code many were be found for an irregularity Many thors understood an irregularity as any impediment which prohibited the reception of orders Hence they classified as irregular all th se who were not as yet con firmed those had not attained the ca onical age quired for rders th se were destitute of canonical title those prohibited by the bond of matrimony While this conception adhered strictly to the etymological derivation of the w rd its subsequent signification g ad be ame ore limited The Church endeavored in her decrees and laws to e tablish the doctrine irregularity a uniform and certain basis but through various circumstances her ef orts were without avail and it was not until the appearance of the new dex of Canon that accomplished her end
Irregularity as it exists day may be defined thus which of itself perpetually prohibits the conferral and reception of every cle ical grade and con sequently the exercise orders and acceptance bene instituted by Canon Law this irregularity from some defect or crime and having its motive spect for the divine ministry

Irregularity is an impediment obstacle and not a ensure punishment as frequently supposed Some

i g lib t a t IV I Van

J l I pa t II t I

p n

EFINITION IVI ION IRRE UL RITY men are incapable of pe forming the offices the cleri cal state if not absolutely incapable cannot perform them with propriety dignity Others again who have been guilty certain crimes are considered as worthy to exercise orders and lead men in the path virtue Consequently the Church has ordained that certain defects and crimes constitute a bar holy orders Irregularity arising from defect can be contracted knowingly and unwillingly consequently differs from censures and punishments essentially Moreo er arising from crime does participa e the na ture censure punishment although according

  • soce canonists it constituted
  • since

it always involves the commission of a mortal sin The purpose of censure and punishment is to e ect the corre tion the delinquent an element entirely lacking in ir regularity any sort Irregularity was instit ted as an inability support the hono and dignity the sacred

  • ministry wh ch forbids
  • the reception

orders and the exercise the same
Perpetuity is an element irregularity which many canonists prio to the new law either doubted denie Some authors however adopted the distinction Lay man maintained that an impediment wh ch could be removed withou dispensation or could e se itself not an irregularity but a mere obstacle An was contracted however when the cause a grave physical defect could cease naturally even though this were possible t rough a mir cle
While irregularity was primarily instituted to protect the priesthood it a fects every clerical grade his is the interpretation canonists when they call irregular individual that is comprehending the whole clerical tate Consequently it af ects even first tonsure the ini in o the clerical order This is the common opin and is borne in several responses rom the Holy
O ice

This prohibition is a grave consequently bot

N

lib
Lay an I t a t V pa V IV n

EFINITION IVI ION IRRE UL RITY minister and the subject would commit grave ordination be conferred upon a pe s n is irregular In this case neither the minister nor the subject is liable to any punishment
Irregulars how ever surreptitiously present themselves for orders are lia le to be punished A grave inconvenience would excuse fr m the bservance of this pr hibition A per

irregular would be excused from grave should he be coerced into the recepti n of rders through grave fear L kewise should one become aware of an at the moment of ordinati n because in such a case

  • ithdraw
  • he could without great

from the sanctuary In such in tances a dis e s tion

should btained for the sub e uent exercise rde s Any case of inadvertence eit er the part of the subject the minister would excuse fr m sin as is evident
Sin e irregularity forbids the c nferral and r ception every clerical grade it necessarily follows that a cleric is irregular may exercise the rders he has
For wh ever is excluded from one thing is like wise barred from everything connected with it It would plainly be absurd to permit one to exercise orders by reason of s me irregularity f rbidden to receive them This prohibition does a ect those acts of ders which are not strictly reserved in orders Con sequently an irregular person may perform the duties of a cleric in minor orders for the reas n that are frequently performed by lay pers ns One irregular commits grave sin sh uld he vi late this pr hibiti n less parvi ude of matter necessity grave fear excuse him
Irregularity proh bits the recepti n and exercise cre rders w ch are attached It f ll ws therefore that irregulars are ineligible for ecclesiastical

  • of ices
  • There are several kinds of

some of which do not supp se sacred orders Irregular ity incurred with ut culpability after the reception of an order is an impediment to prom tion a not requiring the use the pr hibited order

a pa i a a
Pa ini N

I Cap N
EFINITION IVI ION OF IRRE UL RITY
Although the common opinion canonists is that the election of an irregular to an ecclesiastical o ice is null and void there does not seem be any express law on the subject It is true indeed that the law the c llati n of a on a person who is ir regular but it is di cult to prove that such a collation would be invalid Passerini adduces the argument that the P pe in the collation of a does not dispense fr m irregularity as he does in the case of ecclesiastical censures He argues t at if irregularity rendered the c nferral of a invalid the Holy Father would dis pense from it A person who is irregular commits sin in accepting a this is the accepted opinion of canonists If an irregular desires to retain his bene it is necessary for him to obtain a dispensation He is not bound h wever in conscience to surrender his ben unless he be recalcitrant in the matter of seeking a dispensation Should it be bro ght to the attention of the ordinary that a person holding is irregular the ordinary should deprive the delinquent the of ce at least until such a time as a dispensation is ranted
Persons irregular may be elected electors a

  • general provincial or
  • to eneral and

provincial chapters for these o ices require jurisdiction in the external f rum only and not flow from the power of orders nor are they ordained to it Irregular ity does not impede the power jurisdiction its use In a certain sense these offices could be called still they do not or from th ir nature suppose ders nor are they ordain d them as are simple bene which are previous disp siti ns orders
Irregularity is essentially an institution of Canon particular law w ether it be diocesan provincial nati nal can create an irregularity The necessity for the Church to have a uniform law upon the subject ir regularity is patent hence the power

Ga pa i n C un il T nt XXII

IV

Pa ini Pa ini N a pa i N

Pa ini N igi und dub n

EFINITION IVI ION IRRE UL RITY has been reserved to the Hol See This principle

  • was first
  • in

From this we non made the a sertion have famous axiom nisi fu rit in jure expressa Saure that no irregularity is to be had in the Council of Trent

  • in
  • constitutions but solely in the

However the Roman Ponti is able to constitute particular irregularities for particular places as was the case in Portugal when descendants ews were denied access to holy orders
Particular cust m cann t institute a particular but some maintain that a general cust m can cre ate universal irregularit However in the present stage the Church s existence this is not a ractical questi n A cust m introducing any irregularit would come the attention of the Holy See before the time of prescription w uld be fulfilled and would be either proved condemned acc rding as it deemed fit The law very definitely states that an irregulari y is not incurred unless expressly c ntained in the canons
Irregularity arises either from defect or crime This

is an essential element in eve irregularity
Irregularity

ity is div ded into irregular

  • The f rmer
  • and irregularity

results om certain de ects which would be inc ngruous in a person engaged in the sacred ministry The latter are the result certain crimes which render a person worthy receive or exercise sacred rders This dis tincti n f und in the new law was first made according to by P p Inn cent III W ile Irregularity

  • is c ntracted
  • it is directly and

i p XL I n

a pa i n
Can n nnibal I n

I

Ju i Can ni i II n

EFINITION I I ION OF IRREGUL RITY proximately a pu ishment The Church in declaring irregular as a result certain crimes d es wish reprimand the delinquent but protect the sanct ar

  • from profanation
  • irregularity is

divided into total and partial according as it prevents absolute reception orders and the consequent exercise the same as it prevents the e ercise Of some par order scent a higher o der ir regularity resulting from voluntary homicide is total A priest subsequ nt his ordi ation became d af would be ir egular as r gards the sacrament P nance but could O er sacrifice Of the Mass A deacon became blind in eye w uld be irregular as r gards his further advance the riesthood if this would prevent him from properly reading Mass but is p evented from performing the duties a deacon
Irregularity is divided into

sable and indispensable The Church since irregulari y is an institution Canon Law may dispense validly from all irregularities but right in particular instances never exercises this
A div sion irr gularity into per etual and temporal was proposed by canonists bef re the new law But was noted above perpetuity is an essential characteristic irregularity hence this division longer can be
UB ECT OF IRRE UL RITY
CHAPTER II
THE SUB ECT OF IRREGULARITY
Those only are able to contract an irregularity who are capable of receiving orders Consequently those who are forbidden by di ine positive divine natur l

incur irregularit The ordination such as these is only illicit but invalid All males and unbapti ed males even though catechumens are incapable Of ontracting an irregularity Certain de fe ts and crimes which render a bapti ed man irregular produce this e fect in the case who is not bapti ed Once baptism is received all faults are washed

  • away that it is impossible
  • be irregular by

reas n of crime c mmitted bef re Baptism Should cer tain defects remain after Baptism person incurs ir regularit immediately upon reception the sacrament
Irregularity affects all bapti ed males whether lay

cleric bish ps not being excepted although they are not expressly mentioned in the law Dices in episcopo ir producere rectum ideo neque alios qui ex illo videtur sub lege di ita induce te com

  • posse
  • etiam in episcop ir

  • gradu m
  • uod Si non

habet quos gradus id est per accidens manet ideo ordines majores

  • Indeed
  • the Church are capable of

curring irregularity since they are not exc pted in law The Pope is unable to contract an irregularity for the rea that he is not subject the common law Of the
Church

  • Cap
  • Cap I nt

n

a pa i N ua di p XL t I N I I
N n t
Ga pa i I

UB ECT OF IRR UL RITY
Children who have not ttained their seventh year can be subject to irregularity ex delic o even though they have the use of reason
It is a much mooted question as whether are capable contracting irregularity ex delicto A reaches the legal age pubert when he has attained his fourteenth year Those who maintain that they cannot contract irregularity base their claims on the fact that are not perfectly capable doing wrong and that they are excused from all punishments and are be corrected with educative and sive means T is opinion is based the idea that ir regularity ex delicto partakes the nature a punish ment While this is the common opinion many hold the opposite Consequently the incurrence irregularity

  • in the case
  • as a result of crime is doubtful

and a dispen ation should be obtained
If forced by physical means c mmit a crime which irregularity is attached he d es not incur t is obstacle The one forces another commit such a cr me ncurs the irregularity since he alone is imputable One forced in this manner even though he inwardly sent is excused from contracting irregularity the reason that in the external forum the crime does ex ist and irregularity is more especially concerned with the external forum
One who commits crime by reason moral force as grave fear is likewise excused from contracting
If the crime consists in the violation an eccle law is evident that irregularity is incur red Since an ecclesiastic l law does oblige with seri inconvenience Consequently a cleric under censure would contract irregularit should he assay exercise orders hoping thereby avoid scandal loss of good reputation etc

nt a

n XXV I n

Can n Can n

Ga pa i Ibid Ibid
Ga pa i I

IRRE L RIT E RI ING FROM EFE T

CHAPTER

IRREGULARITIES ARISING FROM DEFECT

Irregularities from defect which ave existed in the Church since Apostolic times may be compared the ordinances relating to priests wh ch were given by to Moses Since certain qualifications were de of priests in the dis ensation which was but shadow the new it is befitting that priests the new dispensation be capable performing their holy and sacred of ice with reverence and decorum
The first trace irregularit arising from defect be found in the writi gs St Paul when for example he excluded bigamists and ne phytes from the re eption the bishopric
The number irregularities was in due time increased and their nature more accurately defined While statutes were enacted this subject in the early history the Church the word irregularity itself is found in the early canons and employed first time by nocent III in the twelfth century
Van Espen wrongly contends that the expression alie a canone applied by the first Council Nicea a cleric guilty of usury is identical with irregularity In this instance the Council refers to suspension rather than irregulari y Subsequently we find that the word irregularity as sumed a rather general signification It employed in ecclesiast c law and in canonical sch ols as syno y censure especially the censure

L vit XXI XXII I III V Tit

W nz

II tit VII

  • Cf
  • a
  • a

II

a

  • a
  • IV a

In In niv t I

III n I Ga pa i n

IRRE ITI RI IN FROM EFECT ion In the law the decretals particular rubric irregularity is to be found The laws concerning this subject were inser ed under dif erent rubrics in B oks I and V Consequently there arose great dif iculty in dis irregulari y from the censure of suspension and various other punishments
Since in the decrees the Council Trent and in sequent c nstitutions the Roman P nti s no new ir regularities were introduced it was necessary rior to the C de to c nsult very ancie t auth rity in rder to ascertain the xact nature of any irregularity

IRRE UL RITY RI IN FROM ILLE ITIM CY
The first irreg larity arising from defect mentioned in the Code is that illegitimacy Illegitimacy den tes the condition children of wedl ck exc pting case of a putative marriage In the ancient law a person good morals was not excluded from the priest hood even though he were born illegitimat ly This was true not only in the Eastern but the Western Church as well In the year we find the discipline of the Church in this matter gradually changing at this time the Ninth Council T led decreed that all mate Offspring clerics had received maj r orders were be held as serfs the Church and were not to be admitted to h ly orders unless first manumitted by the bishop
In the ninth and tenth centuries access orders was d nied born vi lated virgins of incest In due time various canons were intr duced which dealt with the di ferent details illegitimacy until we find that all children b rn Of wedlock were c nsidere as irregular
The reason instituting this irregularity three

  • old A
  • an illegitimate was

H n III in X V Ga pa i n

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    Letters of Mary Theresa of Jesus Gerhardinger Volume 1 Sowing the Seed, 1822-1840 Volume 2 Nurturing the Seedling, 1841-1848 Volume 3 Jolted and Joggled, 1849-1852 Volume 4 Vigorous Growth, 1853-1858 Volume 5 Living Branches, 1859-1867 Volume 6 Mission to North America, 1847-1859 Volume 7 Mission to North America, 1860-1879 Volume 8 Mission to Prussia: Brede Volume 9 Mission to Prussia: Breslau Volume 10 Mission to Upper Austria Volume 11 Mission to Baden Mission to Gorizia Volume 12 Mission to Hungary Volume 13 Mission to Austria Mission to England Volume 14 Mission to Tyrol Volume 15 Abundant Fruit, 1868-1879 Letters of Mary Theresa of Jesus Gerhardinger Foundress of the School Sisters of Notre Dame Volume 5 Living Branches 1859—1867 Translated, Edited, and Annotated by Mary Ann Kuttner, SSND School Sisters of Notre Dame Printing Department Elm Grove, Wisconsin 2009 Copyright © 2009 by School Sisters of Notre Dame Via della Stazione Aurelia 95 00165 Rome, Italy All rights reserved. Cover Design by Mary Caroline Jakubowski, SSND “All the works of God proceed slowly and in pain; but then, their roots are the sturdier and their flowering the lovelier.” Mary Theresa of Jesus Gerhardinger No. 2277 Contents Preface to Volume 5 ix Introduction xi Chapter 1 1859 1 Chapter 2 1860 39 Chapter 3 1861 69 Chapter 4 1862 93 Chapter 5 1863 121 Chapter 6 1864 129 Chapter 7 1865 147 Chapter 8 1866 175 Chapter 9 1867 201 List of Documents 223 Index 227 ix Preface to Volume 5 Volume 5 of Letters of Mary Theresa of Jesus Ger- hardinger includes documents from the years 1859 through 1867, a time of growth for the congregation in both Europe and North America.
  • Faith Conquers Fear

    Faith Conquers Fear

    Faith-filled tradition Parishioner-built stone grotto is a staple of Assumption feast day in Franklin County, page 3. Serving the Church in Central and Southern Indiana Since 1960 CriterionOnline.com September 6, 2013 Vol. LIII, No. 47 75¢ Archdiocese to Faith Submitted photo pray and fast for conquers peace on Sept. 7 Dear Brothers and Sisters in Christ, Last Sunday, Pope Francis called the fear Catholic Church throughout the world to mark Saturday, Sept. 7, as a day of Young woman prayer and fasting for peace in Syria, strives to touch the Middle East and throughout the the hearts world. He also invited members of other religions, and all of youths in people of good will, to participate in this trouble around Archbishop initiative in whatever Joseph W. Tobin way they can. the world Through his heartfelt words during the Angelus in By John Shaughnessy St. Peter’s Square, the Holy Father united himself clearly with the anguish of suffering Jenna Knapp never considered herself people across the globe but, especially, with in danger as she walked into prisons the victims of the bloody civil war in Syria. in El Salvador where she routinely He did not mince words in condemning met with male and female youths who the obscenity of that slaughter, particularly, were serving sentences for crimes that While Jenna Knapp, center of back row, visited gang members in jail and wrote down their stories the apparent use of chemical weapons included extortion and murder. during her three years in El Salvador, she also volunteered to help younger children avoid that that resulted in the massacre of hundreds, Instead, the 25-year-old Indianapolis future, teaching them life skills and vocational skills.
  • Minors in Canon Law Thomas O

    Minors in Canon Law Thomas O

    Marquette Law Review Volume 49 Article 2 Issue 1 Summer 1965 Minors in Canon Law Thomas O. Martin Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Thomas O. Martin, Minors in Canon Law, 49 Marq. L. Rev. 87 (1965). Available at: http://scholarship.law.marquette.edu/mulr/vol49/iss1/2 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MINORS IN CANON LAW MONSIGNOR THaOMAS 0. MARTIN, J.C.D.* Like other legal systems the Canon Law provides protection for certain classes of persons who have been found by experience to need it. One such class is composed of those who by reason of their youthful age have not as yet sufficient experience to guard against all of the pitfalls which they may encounter in business transactions. This same lack of experience may also warrant milder treatment of their delin- quences. The degree of protection afforded varies in inverse ratio to their age and development. As they become more capable of making their own decisions the law withdraws its special protection more and more and treats them like any other subject. Canon Law sets the age of majority, i.e. of presumed full capability and responsibility at the completion of twenty-one years,' as does the law of most states. One who has attained majority has, then, full use of his rights.
  • Norbertine Spain: Preliminary Outline (August 28, 2012)

    Norbertine Spain: Preliminary Outline (August 28, 2012)

    Norbertine Spain: Preliminary Outline (August 28, 2012) Brief Historical, Political, Social, and Religious Background Prepared by Br. Terrence Lauerman, O. Praem., D. A. A. Premonstratensian Beginnings (Castilla-Burgos): According to Eduardo Corredera, the famous Marist historian who researched Premonstratensian history in Spain, the lore about the foundation of the Premonstratensians in Castilla needs to be revisited with more research. The somewhat questionable version by the early Premonstratensian historians (Bernardo de Leon, José Noriega, and Jaime Caresmar) is that two young men, Sancho Ansúrez from Valladolid and Domingo, the son of the Count of Candespina, went off to study in Paris where they heard about the life and activities of Saint Norbert. At some time before 1126 they presented themselves at Premontre to be admitted to the Order. After being sufficiently trained and mature in the religious life and spirituality of the Order, they were sent back to their native land in the north of Spain which was being taken back from the Moors during the Reconquest. The first two foundations in Castilla were Ribolo-Torta (Retuerta), founded in 1145 by Sancho, and Monte Sacro, founded in 1144 by Domingo. Monte Sacro was later moved by Domingo and renamed as la Vid in 1162. Most of the Premonstratensian abbeys were in the center- Northwest regions with none being in the southern regions of the peninsula which were liberated in the later Reconquest period. Abbeys founded between 1160 and 1170 were double foundations for both men and women.* B. Premonstratensian Beginnings (Aragón-Cataluńa): Marist Brother Eduardo Corredera relates that at the Council of Reims in 1148, Eugenio III asked some Christian princes to aid in the efforts of Ramón Berenguer IV of Barcelona to reconquer some cities in the Catalonian region from Moorish domination.
  • Resignations and Appointments

    Resignations and Appointments

    N. 210108b Friday 08.01.2021 Resignations and Appointments Change of name of the circumscription of Ispahan of the Latins in Teheran-Ispahan of the Latins, Iran, and appointment of archbishop Appointment of coadjutor bishop of Almería, Spain Appointment of president and members of the Disciplinary Commission of the Roman Curia Change of name of the circumscription of Ispahan of the Latins in Teheran-Ispahan of the Latins, Iran, and appointment of archbishop The Holy Father, after changing the name of the circumscription of Ispahan of the Latins in Teheran-Ispahan of the Latins, Iran, has appointed as archbishop the Reverend Fr. Dominique Mathieu, of the Provincial Custody of the East and of the Holy Land of the Friars Minor Conventual, until now definitor general of his Order. Curriculum vitae Msgr. Dominique Mathieu, O.F.M. Conv., was born on 13 June 1963 in Arlon, Belgium. After his high school studies, he entered the Order of the Friars Minor Conventual. He gave his solemn profession in 1987 and was ordained a priest on 24 September 1989. Since 2013 he has been incardinated in the Provincial Custody of the East and of the Holy Land. Within his Order, he has held various offices: vocational promoter, secretary, vicar and provincial minister of the Belgian province of the Friars Minor Conventual, becoming delegate general after the unification with the Province of France; rector of the national shrine of Saint Anthony of Padua in Brussels and director of the relative Confraternity. He was also president of two different non-profit associations linked to the presence of the 2 Friars Minor Conventual in Belgium, with roles of responsibility in the Catholic School of Landen.