2. Defectus natalium (legitimorum). — Illegitimacy was no obstacle to ordination in the ancient Church (c. 8, dist. Ivi, Hieronymus). It has been considered so since the 9th century ; yet the rule was not very strictly en- forced (Concil. Meldense, an. 845 [in cap. 17, can. i, qu. vii] ; Regino, I)e discipl. eccl. lib. i, c. 416 sq.). Espe- cial action was taken concerning the children of ordain- ed priests (Concil. I'ietaviense, an. 1078 [c. 1, X. '' De fiiiis presbyterorum ordinandis vel non,"i, 17] ; Claranioritan, an. 1095 [comp. c. 14, dist. Ivi, Urban II), etc. ; see espe- cially dist. Ivi, tit. X, 1, 17 ; lib. vi, 1,11; Cone. Trid. Sess. xxv, cap. 15, " De reform."), and justified their laws by the passage of the O. T., Deut. xxiii, 2 (comp. c. 10, § 6, X. " De renunciat." i, 9, Innocent III, an. 1206). Thia
IRREGULARITY
660
IRREGULARITY
defect, however, can be remedied («) by recognition (c. 6, X. "Qui filii sint legitimi," iv, 17, Alexander III); (6) by entrance into a convent or foundation of regular canons (c. 11, dist. Ivi, Urban II ; c. 1, X. " De liliis pres- byterorum," etc.)- This regulation, abolished by Six- tus V, was restored by Gregorj' XVI in 1591, but with this condition, that such persons should be disabled from prelatical honors, (c) By dispensation, which, for ordi- nes minores, and for viajores when the defect is not pub- licly known, can be granted by the bishop ; otherwise, for ordines mujores, and benetits connected with cure of souls, the dispensation can be granted only by the pope (c. 1, " De filiis presbyterorum," in vi [i, 11] ; corap. c. 20, 25, X. "De electione" [i, 6]). The Greek Church does not recognise this defect (Thomassin, cap. Ixxxi, § 4), neither does the evangelical Church, although many jurists consider the canonical principle on which it is based as common law (Wiese, Kirc/ienrecht, pt. iii, sec. 1, p. 160 ; Eichhom, Deutsches Prieatrecht, § 89 ; Kirch- enrecht, i, p. 704).
3. Defectus corporis. — In imitation of the Mosaic law (Lev. xxi, 17-20 sq.), it was at an early time demanded that the candidates for orders shoiUd have no bodily blemishes such as might render them unfit for the duties of tlieir office, or a subject of dislike to the people (^Con- siit, Apost. lib. vii, cap. 2, 3 ; Canones Ajyostolorum, cap. 76, 77). The Church became subsequently very strict on this point, and declared all bodily defects sufficient ground for irregularity (cap. 2, dist. xxxiii ; cap. 7, dist. xxxiv ; c. 1, dist. xxxvi ; c. 1, 3, dist. Iv, etc.), but final- ly returned again to the former rules (tit. x, " De cor- por. vitiatis ordinandis vel non," i, 20). Thus ordina- tion is refused to the deaf, dumb, and blind {Con. Apos- tol. 77, c. 6, X. " De clerico aegrotante vel debilitato," iii, 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. Iv), the lame (c. 10, dist, Iv ; c. 56, dist, i, " De consecr."), epileptics (c. 1, 2, can. vii, qu. ii; c. 21, X. " De electio- ne," i, 6), lepers (c. 3, 4, X. " De clerico »grot." iii, 6), those who had mutilated themselves (c. 21 sq.; Ajwst. 0. 7 sq., dist. Iv), 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. i, no. 12). The Greek Church has retained the original principle, and its apjilication by the Evangelical Church appears fully Justilicii.
4. Dcjl'ctus ariiiiw (want tifsjiiritual capacity) Thus
madness, imbecility, etc., are grounds of irregidarity (c. 2-5, dist. xxxiii).
5. Defectus scientia (the want of adequate educational preparation).— In accordance with various passages of the O. T. (,Jer. i, 9 ; Hos. iv, 6 ; Mai. ii, 7, etc.), even the ear- ly Church demanded of its officers to have enjoyed spe- cial educational advantages, which alone could qualify them to act as teachers of tlie people (comp. dist. xxxvi- xxxviii, etc.), and the civil laws also insisted on this point (Novella, v. vi, caji. 4, etc., Capitiilnres of Charie- magne; Kettl>crg, Kirc/ienr/esrh. Deutschlands, vol. ii, § 124). With regard to the different orders special regu- lations were gradually adopted. The Council of Trent prescribes: "I'rinia tonsura non initicntur, qui sacra- mentum confirmationis non susceperint et fidei rudi- menta edocti non fuerint, quique legerc et scribere nes- ciant. Minores ordines iis qui saltern Latinam linguam inteUigant . . . conferantur. Subdiaconi et diaconi or- dinentur ... in minoribus ordinibus jam probati, ac libris et iis quae ad ordinem exercendum pertinent in- structi. Qui . . . ad ordinem presbyteratus assunnm- tur . . . ad popuhnn docenda ea, qure scire omnibus necesse est ad salutem, ac ministranda sacramenta dili- genti examine imccodente idonci comprobentiir. Qui- cuncpie posthac ad ecclesias cathcdrales erit assumendus . . . antea in universitate studiorum magister sivc doc- t«r aut Ucentiatus iu sacra theologia vel jure canoni-
co merito sit promotus, aut publico alicujus academia; testimonio idoneus ad alios docendos tendatur" {Condi. Trid. Sess. xxiii, cap. 4, 11, 13, 14, "De reform.;" Sess. xxii, cap. 2, "De reform."). No dispensations can be granted for this case ; stiU the pope may direct that a party be ordained without possesshig the necessary in- struction, but should not act in the office until he has remedied this defect. Othenvise the partj^ thus or- dained is to be deposed (c. 15, X. "De retate" [i, 14]). The Evangelical Church has from the beginning attach- ed much importance to the proper preparation and nat- ural attainments of candidates. ^ They are therefore generally subjected to examinations before ordination. See Licentiate; Ministry; Theological Educa- tion ; and also the different articles on Christian denom- inations.