ARTICLE 3:
IRREGULARITIES AND OTHER IMPEDIMENTS
Can.
1040 Those bound by an impediment are to be barred from the reception of
orders. An impediment may be simple; or it may be perpetual, in which case it
is called an irregularity. No impediment is contracted which is not contained
in the following canons.
Can.
1041 The following persons are irregular for the reception of orders:
1° one who
suffers from any form of insanity, or from any other psychological infirmity,
because of which he is, after experts have been consulted, judged incapable of
being able to fulfil the ministry;
2° one who
has committed the offence of apostasy, heresy or schism;
3° one who
has attempted marriage, even a civil marriage, either while himself prevented
from entering marriage whether by an existing marriage bond or by a sacred
order or by a public and perpetual vow of chastity, or with a woman who is
validly married or is obliged by the same vow;
4° one who
has committed wilful homicide, or one who has actually procured an abortion,
and all who have positively cooperated;
5° one who
has gravely and maliciously mutilated himself or another, or who has attempted
suicide;
6° one who
has carried out an act of order which is reserved to those in the order of the
episcopate or priesthood, while himself either not possessing that order or
being barred from its exercise by some canonical penalty, declared or imposed.
Can.
1042 The following are simply impeded from receiving orders:
1° a man
who has a wife, unless he is lawfully destined for the permanent diaconate;
2° one who
exercises an office or administration forbidden to clerics, in accordance with
cann. 285 and 286, of which he must render an account; the impediment binds
until such time as, having relinquished the office and administration and
rendered the account, he has been freed;
3° a
neophyte, unless, in the judgement of the Ordinary, he has been sufficiently
tested.
Can.
1043 Christ's faithful are bound to reveal, before ordination, to the Ordinary
or to the parish priest, such impediments to sacred orders as they may know
about.
Can.
1044 §1 The following are irregular for the exercise of orders already
received:
1° one who,
while bound by an irregularity for the reception of orders, unlawfully received
orders;
2° one who
committed the offence mentioned in can. 1041, n. 2, if the offence is public
3° one who
committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.
§2 The
following are impeded from the exercise of orders:
1° one who,
while bound by an impediment to the reception of orders, unlawfully received
orders;
2° one who
suffers from insanity or from some other psychological infirmity mentioned in
can. 1041, n. 1, until such time as the Ordinary, having consulted an expert,
has allowed the exercise of the order in question.
Can.
1045 Ignorance of irregularities and impediments does not exempt from them.
Can.
1046 Irregularities and impediments are multiplied if they arise from different
causes, not however from the repetition of the same cause, unless it is a
question of the irregularity arising from the commission of wilful homicide or
from having actually procured an abortion.
Can.
1047 §1 If the fact on which they are based has been brought to the judicial
forum, dispensation from all irregularities is reserved to the Apostolic See
alone.
§2
Dispensation from the following irregularities and impediments to the reception
of orders is also reserved to the Apostolic See:
1°
irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3,
if they are public;
2° an
irregularity arising from the offence, whether public or occult, mentioned in
can. 1041, n. 4;
3° the
impediment mentioned in can. 1042, n. 1.
§3 To the
Apostolic See is also reserved the dispensation from the irregularities for the
exercise of an order received mentioned in can. 1041, n.3 but only in public
cases, and in n. 4 of the same canon even in occult cases.
§4 The
Ordinary can dispense from irregularities and impediments not reserved to the
Holy See.
Can.
1048 In the more urgent occult cases, if the Ordinary or, in the case of the
irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be
approached, and if there is imminent danger of serious harm or loss of
reputation, the person who is irregular for the exercise of an order may
exercise it. There remains, however, the obligation of his having recourse as
soon as possible to the Ordinary or the Penitentiary, without revealing his
name, and through a confessor.
Can.
1049 §1 In a petition to obtain a dispensation from irregularities or
impediments, all irregularities and impediments are to be mentioned. However, a
general dispensation is valid also for those omitted in good faith, with the
exception of the irregularities mentioned in can. 1041, n. 4, or of others
which have been brought to the judicial forum; it is not, however, valid for
those concealed in bad faith.
§2 If it is
question of an irregularity arising from wilful homicide or from a procured
abortion, for the validity of the dispensation even the number of offences must
be stated.
§3 A
general dispensation from irregularities and impediments to the reception of
orders is valid for all orders.
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