3. About Penalties for Him who Celebrates without these Requirements

225. If it is asked what the penalty is for one who celebrates without the aforesaid conditions on the part of the place and vessel, I say that irregularity is incurred in none of them save perhaps in two cases: first if he celebrates in a place forbidden by a judge, another if he celebrates with an unsuitable chalice.

226. As to the first of these, one must understand that a place can be forbidden by a judge or by law:

By law indeed if it is polluted by blood or seed, Decretals III tit.40 ch.10; and in such cases, provided the thing is notorious, it is a sin to celebrate; however, irregularity is not incurred, because it is not expressly imposed by law; but if the thing is private, it is not even a sin because neither does it need reconciliation, ibid., tit.16 ch.5.

227. But if the prohibition against the place is imposed by a judge, one who celebrates there is said to incur irregularity. The proof is ibid., tit.27 ch.7, tit.31 ch.18. However, both chapters could be given a fair exposition, because neither is expositive of law, and not even a response of positive law; nor does it appear that someone so celebrating is simply irregular. The point is clear from exposition of the words, when well considered, about privation of benefices and the like.

228. In the second case [n.225], namely lack of suitable chalice, it is doubtful whether irregularity is incurred because of it, for the penalty of being deposed contained in ibid. III tit.41 ch.14 is inflicted for several things, as that he did not use the due chalice nor water nor fire, and it is doubtful if deposition should be imposed for any of these separately, because in the text all of them came together.