6. Defectus fidei (want of a well-grounded faith).— In consequence of the prescription of the apostle (1 Tim. iii, 6 ; v, 22) that no vtc<pvTOQ should be ordained, the Church commanded that none sliowld be ordained im- mediately after conversion {Canon. Apost. 79; Condi, Mean. 325, c. 2 [c. 1, dist. xlvii] ; Gregorius, anno 599 [c. 2, eod.]), and especiaUj'^ none who had been baptized in sickness {clinici) {Cone. Neoccesar. an. 314, c. 12 [c. 1, dist. Ivii]). Its original strictness against the children and relatives of heretics was subsequently relaxed, and even the decrees concerning new converts fell into dis- use where such showed that they possessed a firm faith (c. 7, X. " In fine de rescriptis" f i, 3]) ; Gonzalez Tellez, Comment. No. 7; Lancelot, Distit.jur. can. lib. i, tit. vii, § 12). It was, however, always the rule that no new convert coidd be raised at once to high offices (c. 1 sq., dist. Ixi), and this rule has been maintained in the Greek Church (Synod, i et ii, anno 861, c. 17). In the Evangefical Church it was also forbidden to raise any proselyte to office, but this is not generally adhered to in practice.
7. Defectus perfectm lenitatis (want of meekness).^ It applies to those who have departed from the princi-. pie Ecclesia non sitit sanr/uinem. Hence, to those wha have shed blood in war {Cone. Tolet. i, anno 400, c. 8 [c. 4, dist, Ii] ; Innocent I, anno 404 [c. 1, eod.] ; c. 24, X. "De homicidio" [v, 12], Honorius III) ; also those who have sat as accuser, witness, lawyer, judge, or juryman in a criminal coiu-t, and taken part in a sentence of death (Condi. Tolet. iv, amio 633, c. 31 ; Cone. Tolet. xl, anno 675, c. 6 [c. 29, 30, can. xxiii, qu. viii] ; c. 5, 9, X. " In clerici vel monachi negotiis secularibus se immis- ceant," iii, 50 ; comp. c. xxi, X. " De homicidio," v. 12, etc., especially the glosses to c. 1, dist. Ii, "Ad. v. sacer- dotium") ; also all wlio had practised surgery, in so far as cutting and cauterizing were concerned {qua ad us- tionem vel iiidsionem inducit) (c. 9, X. cit. iii, 50).
8. Defectus saeramenti {matrimonii') (want of adhe- rence to the rule of monogamy). — The apostolic com- mand about the bishops and deacons being the husbands of one wife (1 Tim. iii, 2, 12; Tit.i,6) was by the Church considered as forbidding not only actual bigamy {higa- mia vera seu simultanea), but also second marriage (hi' f/amia successiva) (dist. xxvi ; c. 1, 2, dist, xxxiii, tit. x, " De bigamis non ordinandis," i, 21, etc.). The idea of bigamy was subsequently extended to include marriage with a widow or a deflowered virgin (Ligamiu iniepre- tativa) (c. 2, dist. xxxiii ; c. 10, 13, dist. xxxiv ; c. 8, dist. i ; c. 10, § 6, X. " De renunciatione," i, 9 ; c. 33, X. " De testibus," ii, 20 ; c. 4, 5, 7, X. " De bigamis non ord." i, 21 ; Novella Justiniani, vi, cap. 1 , § 3 ; cap. v, cxxiii ; cap. xii) ; also the continuation of the marriage relation after a woman had committed adulter^' (c. 11, 12, dist. xxxiv). Fhially, 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 attain- ed high ecclesiastical positions, to marry even a virgin {hiejamia simililudinaria) (c. 24, can. xxvii, qu. i \_Conc, Anajr. an. 314]). In this case the irregularity results non jiropter saeramenti defectum, sed jiropter uffectuin inhntionis cum opere subsecuto, as Innocent HI expressly
IRRESISTIBLE GRACE
G61
IRRIGATION
r
ileclares (c. 4 and 7. X. " De bigamis non ord."). This constitutes a real offense, for which, however, the bish- op can give a dispensation (c. 4, X. " De clericia conjii- gatis," iv, 3 ; c. 1, X. "Qui clerici vel voventes matrim. contrahere possiint," iv, (5). In eases of real bigamy, the dispensation is granted bj' the pope himself for higher, and by the bishop for minor orders (see glosses on c. 17, dist. xxxiv, and on c. 2. X. " De bigamis non ord."). The (ireek Church follows the same principles, whilst the Evangelical Church thinks there is nothing repre- hensible in repeated marriages, even with widows (see Horn. vii. 2, 3 ; 1 Cor. vii, 39).
9. Defiling fiDiitp (a bad reputation).— On the many cases of this kiiiil which may produce irregularity, but are distinguished from those in which irregularity re- sults from a misdeed, see Ferraris, Bihllolheca canonica, s. V. Irrcgularitas, art. i, no. 12, a; E. Phillips, Kirchen- recht, vol. i, c. 53.
10. Defectus lihertatis (want of liberty). — No one who is not perfectly free to dispose of himself can be ordain- ed 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. liv; c. 37, can. xvii, qu. iv, tit. x, "De ser- vis non ordinandis," i, 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, cxxiii, cap. xvii, "Auth. si servus" [c. 37, Cod. de episcopis et cler- icis, i, 3 ] ). Yet Ave lind among the clergy of the Mid- tUe Ages some who remained in the dependence of their former masters after their ordination, tliough with some restrictions (see Fiirth, Die Ministerialen, Cologne, 1836, § 272, p. 462-4G5). Those who are liable to civil or military duties are to free themselves from such obliga- tions before ordination {Cod. Theodos. tit. " De decuri- onibus," xii, 1 ; c. 12, 53, Cod. Justin. "De episcopis et clericis," i, 3 ; Novella, cxxiii, cap. i, pr. § 1 ; cap. xv, "Auth. sed neque curialem" [Cod. de episcopis et cleri-