Irregularities and Simple Impediments in the New Code of Canon

IRREGULARITIES A ND SIM PLE IM PEDIM ENTS IN TH E NEW CODE O F C A NON LA W B"THE H RE . H . N . I KE" L . V JO J C , JC DISSERTA TION SU M IT TED TO TH E FA C ULT"OF SA C RED SC B IENC ES , C A H O IC ERS I OF A MER T L UNIV TY IC A, ‘ I WA S H NGTON, D . C ., m PA RTIA L FU LF I LM ENT OF TH E REQUIREMENTS FOR TH E DEGREE OF DOC TOR OF C A NON LAW MA RC H B T T NIH IL O S A . T . .D HOMA S J. S HA HA N, S T . C ENS OR DEPUTA TUS . CONTENTS Introduction 7 I—Definition Division Chapter and of Irregularity . 9 — Cha pter II The Subject of Irregularity Chapter III—Irregularities Arising from Defect Chapter IV—Irregularities Arising from C rime — Chapter V Simple Impedirnents Chapter VI—The Cessation of Irregularities and Simple Impediments INTRODUCTION . The Church has always exercised the greatest solici tude for the members of her clergy . This fact is clearly evident in her repeated promulgation of decrees of differ ent councils and synodal enactments relative to this phase of her organization . Her eff orts in this respect have ‘ been nobly and generously seconded e verywhere and at all times by the hierarchy as may be substantiated by t e liable documentary proof . The subject of irregularity is of its very nature an im por tant one. Irregularities have been instituted by the Church to preserve the dignity and honor of her min istr y. Since a priest is to be another Christ, it is but be fitting that not only worthy candidates be admitted to the ministry, but candidates who are capable of performing their duties with that decency and decorum which the sacred character of such duties and the Church require . It is incumbent upon bishops to provide that no one be admitted to the clerical state who is not endowed with the necessary qualifications . Moreover, it is their duty to forbid to those who have contracted an irregularity or impediment subsequent to the reception of orders, the ex er cise of their office until the irregularity is removed or the impediment ceases to exist . It is moreover necessary for every priest having souls entrusted to his care to acquaint himself with the subject of irregularity, lest, peradventure, one present himself as a candidate for the priesthood who is not a fit subject . Finally, the priest, as confessor must know the nature and effect of irregularity , how and when it is contracted , n when he may, or may ot, absolve, so as to admonish the penitent accordingly . Several important changes are to be found in the new church law on irregu larities . These changes while not very numerous are of practical importance . It is with a view of studying these that the present dissertation was written . The wr iter has endeavored to present an ao count of the origin and development of the canons deal 7 8 INTRODUCTION f ing with this subj ect . The purpose o this is to deter mine the relations and connections existing between the hi new and old law . Studied in t s light, the exact spirit, meaning and application of the new legislation is more readily evolved . The legislation in the new Code of Canon Law, dealing with irregularities , is to be found in the third book, (Ti ' tuluS VI , caput II , Art . II ), which treats of ecclesiastical things in general . The title on simple impediments , which immediately follows that of irregularity in the new Code , is so inti ‘ it r o mately connected with the latter , that we deemed p per to accord it a detailed treatment . The interpretation and application of a new law al ‘ to ways gives rise a certain amount of difiiculty. Deci sions have already been given to questions proposed , or difficulties submitted . It is only a question of time when more authentic decisions will be had . DEFINITION AND DIVISION OF IRREGULARITY 9 CHAPTER I . ' DEFINITION AND DIVISION OF IRREGULARITY . The word irregularity, etymologically considered , is “ ” a compound of the two Latin words in , which here de “ ” n notes exclusion , and regula , rule, hence not accordi g o to rule . In the can nical sense, it denotes the absence of certain qualifications necessary for initiation into the clerical state . The word also signifies a departure from the rule, hence , also , in the canonical sense , that in which a man deviates from the law of the Church on irregular d fi ity . Prior to the publication of the new Code many e nitions were to be found for an irregularity . Many au thors understood an irregularity as any impediment 1 which prohibited the reception of orders . Hence they classified as irregular all those who were not as yet con firmed , those who had not attained the canonical age r e quired for orders , those who were destitute of canonical title, those prohibited by the bond of matrimony, etc. While this conception adhered strictly to the etymological derivation of the word , its subsequent signification grad ll m u a y became ore limited . The Church endeavored con in all t u y, in her decrees and laws , to establish the doctrine of n irregularity o a uniform and certain basis , but through various circumstances her efforts were without avail , and it was not until the appearance of the new C o La h dex of Canon w that s e accomplished her end . - Irregularity, as it exists to day, may be defined thus an ' im ediment p which , of itself, perpetually prohibits the conferral and reception of every clerical grade, and , con sequently, the exercise of orders and acceptance of bene fi — ce, instituted by Canon Law this irregularity ar l smg from some defect or crime, and having for its motive r e spect for the divine ministry . Irregularity is an impediment or obstacle and not a or censure, punishment, as is frequently supposed . Some 1 T mb u r inu e s e r r . X r a s d ceu t e . a . , , i g , lib t a ct IV, c p I ; Van E . m . r e . s e u s ecc es to S c . t p n , J l , I , pa t II , t I , e c 10 DEFINITION AND DIVISION or IRREGULARITY men are incapable of per forming the offices of the cleri cal state , or , if not absolutely incapable, cannot perform n them with propriety a d dignity . Others , again , who have been guilty of certain crimes are considered as un worthy to exercise orders , and to lead men in the paths of virtue . Consequently, the Church has ordained that certain defects and crimes constitute a bar to holy orders . Irregularity arising from defect can be contracted un knowingly, and unwillingly, consequently differs from censures and punishments essentially . Moreover ir r egu lar ity arising from crime does not participate of the na ture of censure or punishment, although, according to / 2 soce canonists , it was constituted ad instar poremug, since it always involves the commission of a mortal sin . The purpose of censure and punishment is to effect the corree tion of the delinquent, an element entirely lacking in ir regularity of any sort . Irregularity was institu ted as an inability to support the honor and dignity of the sacred ministry, which forbids latae s en tentiae the reception of orders , and the exercise of the same . Perpetuity is an element of irregularity which many d canonists , prior to the new law, either doubted or denie Some authors , however adopted the distinction of Lay 3 who man , maintained that an impediment which could f be removed without dispensation , or could cease o itself e was not an irregularity, but a mere obstacle . An ir r gu larity was contracted , however, when the cause, e. g. , a grave physical defect, could not cease naturally even though this were possible through a miracle . While irregularity was primarily instituted to protect the priesthood , it affects every clerical grade . This is the interpretation of canonists when they call irregular it y individual , that is , comprehending the whole clerical s . f tate Consequently it af ects even first tonsure , the ini tiation t in o the clerical order . This is the common opin ion and is borne ou t in several responses from the Holy Office . n This prohibition is a grave o e, consequently both the ' 2 Bar illiat o i i . t m . 0 . St. L . n 0 s . g n , N 3 3 g lib , 7, 35 , q m I I) . I . r c . r . 1 0 . 3 Lay an , I , t a t V, pa s . V, cap IV, n DEFINITION AND DIVISION or IRREGULARITY 1 1 minister and the subject would commit grave sin ° shou ld ordination be conferred upon a person who is irregular . In this case neither the minister nor the subject is liable ’ to any punishment latae sententzae. Irregulars , how ever, who surreptitiously present themselves for orders " are liable to be punished A grave inconvenience would excuse from the observance of this prohibition . A per son irregular would be excused from grave sin , should he be coerced into the recepti on of orders through grave r fear . Likewise should one become aware of an i r egu l ar ity at the moment of ordination , because in such a case n n n he could ot, without great inconveni e ce, Withdraw from the sanctuary .

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