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Dr. Edward Peters 

To work for the proper implementation of canon law is to play an extraordinarily

constructive role in continuing the redemptive mission of Christ. Pope St. John Paul II

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13 nov 2023

Sacramental Law (AT 881)


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  Initial concepts

  Penance

  Baptism

  Anointing

  Confirmation

  Order

  Eucharist

  Special topics


General remarks

 

 

Note: Before consulting this page see my Master Page for Sacred Heart Major Seminary Students, here.

 

Overview: This course presents the ecclesiastical law of the sacraments (except Matrimony, treated in AT 746).

 

Class meets: Room 114, Mondays, 6:00 pm to 8:50 pm.

 

Required texts: No texts need be purchased for this course, but students will need access to:

 

  Canon Law Society of America, Code of Canon Law, Latin-English Edition, New English Translation (Canon Law Society of America, 2012) ISBN: 1-932208-32-1. This volume is out of print, increasingly out-of-date, and generally over-priced in the used book market. A copy, however, is on reserve in the Szoka Library and the text of the law is usually available on-line here.

 

  Other resources such as the Catechism of the Catholic Church (esp. Part II) and the Roman Ritual may be consulted to the degree they impact sacramental law but students need not bring either the Ritual or the Catechism to class.

 

Class format: Interactive lecture.

 

Course grading: 80% of grade is based on two exams (consisting of multiple choice, true/false, fill-in-the-blank, and short answer questions focusing on required readings and matters discussed in class) and 20% of grade will be based on a 'draft homily' and' bulletin-insert' project, as follows: Compose, in 300 to 500 words, a ‘homilette’ and a ‘bulletin insert/column’ on the canon law governing any two of the following sacramental law topics:

 

  The necessity of verifying a founded hope that a child will be brought up in the Catholic religion prior to permitting the baptism of that child (Canon 868 § 1 n. 2).

  The requirement of using chrism consecrated by a bishop in the celebration of confirmation (Canon 880 § 2).

  The obligation on the Christian faithful to confess grave sins at least once a year (Canon 989).

  The obligation of those close to the sick to call for Anointing of the Sick at the appropriate time (Canon 1001).

  The obligation of the Christian faithful to reveal any impediments to ordination of which they are aware (Canon 1043).

 

Course Outcome: Upon completion of this course the successful student will have a grasp of the canon law of governing the administration of the sacraments (excepting Matrimony) and recognize how it applies in a pastoral context.

 

SHMS Bulletin description: This course will be an extensive study of the canons regarding the Sacraments of Initiation, Sacraments of Healing, and Orders. There will be a special emphasis on Book Four of the Code of Canon Law. 3 credits. (Prerequisite: AT 780 or MNS 300 or PM 550).

 

Resources

 

Bibliography

 

Scripture quotations from RSV-Catholic edition (Ignatius Press).

 

 

In addition to the standard canonical commentaries, scholarly works useful for graduate-level study of Catholic sacraments and sacramental law include:

 

  John Huels (American layman, 1950-), The Pastoral Companion: a Canon Law Handbook for Catholic Ministry, New Series, (Wilson & Lafleur, 4th ed., 2009) 476 pp., hereafter Huels, Pastoral Comp.

 

  John Huels (American layman, 1950-), Liturgy and Law: Liturgical Law in the System of Roman Catholic Canon Law (Wilson & Lafleur, 2006) 249 pp.

 

  Peter Elliot (Australian prelate, 1943-), Liturgical Question Box: Answers to common questions about the modern liturgy (Ignatius, 1997) 189 pp., hereafter Elliot, Question Box.

 

  P. Fink, ed., The New Dictionary of Sacramental Worship (Liturgical Press, 1990) 1351 pp.

 

 • John Huels (American layman, 1950-), Disputed Questions in the Liturgy Today (Liturgy Training Publications, 1988), 125 pp., hereafter Huels, Questions.

 

  A. Martimort, ed., The Church at Prayer: An Introduction to the Liturgy, (Liturgical Press, rev. ed., 1986-1988) in 4 vols., esp. vol. III The Sacraments (1988) 331 pp.

 

  Coleman O’Neill (Irish Dominican, 1929-1987), Meeting Christ in the Sacraments [1964], (Alba House, rev. by R. Cessario,1991) 313 pp.

 

  Eduardus Regatillo (Spanish Jesuit, 1882-1975), Ius Sacrametarium [1945], (Sal Terrae, 4th ed., 1964) 998 pp.

 

  Nicholas Halligan (American Dominican, 1917-1997), The Administration of the Sacraments (Alba House, 1963) 585 pp. See also id., The Sacraments and their Celebration (Alba, 1986) 284 pp.

 

  Bernard Piault (French priest, 1976) What is a Sacrament?, (20th Century Encyclopedia of Catholicism 49, Hawthorn, 1963), 174 pp., Manson’s trans. of Piault, Qu’est-ce qu’un sacrament? (1963).

 

  Bernard Leeming (English Jesuit,1893-1971), Principles of Sacramental Theology [1956], (Newman, 2nd ed., 1963) 720 pp.

 

  Lancelot Sheppard (English layman, 1906-1971), The Liturgical Books (20th Century Encyclopedia of Catholicism 109, Hawthorn, 1962) 112 pp.

 

  Henry Davis (English Jesuit, 1866-1952), Moral and Pastoral Theology [1935], (Sheed & Ward, 3rd ed., 1938), in 4 vols., esp. vol. III & IV.

 

  Dom Augustine [Charles Bachofen] (Swiss/American Benedictine, 1872-1944), Liturgical Law (Herder, 1931), 460 pp. Internet archive, here.

 

  Felix Cappello (Roman Jesuit, 1879-1962), Tractatus canonico-moralis de sacramentis iuxta Codicem juris canonici [c. 1920s], (Marietti, 7th ed., 1962) in 5 vols.

 

Study technique

 

 

While understanding the 1983 Johanno-Pauline Code of Canon Law requires a firm grounding in the documents of the Second Vatican Council and familiarity with the scope and method of the 1917 Pio-Benedictine Code of Canon Law (1917), the focus of this course is on the 1983 Code itself, as modified from time to time since promulgation. Because it is essential to deal directly with the text of the revised law the following four-step approach to studies should be followed:

 

  Read the canons assigned below as a whole, straight through, but carefully.

 

  Identify and consider the footnoted sources, known as fontes, cited for the canons.

 

  Using a standard commentary re-read the individual canons along with the scholarly remarks on each.

 

  Re-read the canons as a whole this time recalling the key points made by the commentaries.

 


Initial Concepts

 

 

 

 

Relationship between (sacramental) doctrine and law.

 

St. John Paul II, ap. con. Sacrae disciplinae leges (25 ian 1983) [¶ 18]. The instrument which the Code is fully corresponds to the nature of the Church, especially as it is proposed by the teaching of the Second Vatican Council... Indeed, in a certain sense, this new Code could be understood as a great effort to translate this same doctrine... into canonical language.

 

1983 CIC 836. Since Christian worship, in which the common priesthood of the Christian faithful is carried out, is a work which proceeds from faith and is based on it, sacred ministers are to take care to arouse and enlighten this faith diligently, especially through the ministry of the word, which gives birth to and nourishes the faith.

 

1983 CIC 837. § 1. Liturgical actions are not private actions but celebrations of the Church itself which is the sacrament of unity, that is, a holy people gathered and ordered under the bishops. Liturgical actions therefore belong to the whole body of the Church and manifest and affect it; they touch its individual members in different ways, however, according to the diversity of orders, functions, and actual participation. § 2. Inasmuch as liturgical actions by their nature entail a common celebration, they are to be celebrated with the presence and active participation of the Christian faithful where possible.

 

1983 CIC 839. § 1. The Church carries out the function of sanctifying also by other means, both by prayers in which it asks God to sanctify the Christian faithful in truth, and by works of penance and charity which greatly help to root and strengthen the kingdom of Christ in souls and contribute to the salvation of the world. § 2. Local ordinaries are to take care that the prayers and pious and sacred exercises of the Christian people are fully in keeping with the norms of the Church.

 

Background reading:

 

 • Pius XII (reg. 1939-1958), enc. Mediator Dei et hominum (20 nov 1947), AAS 39 (1947) 521-595, Eng. on-line here.

 

Sacraments as liturgical acts.

 

CCC 1113. The whole liturgical life of the Church revolves around the Eucharist and the sacraments.

 

CCC 1117.... The Church has discerned over the centuries that among liturgical celebrations there are seven that are, in the strict sense of the term, sacraments instituted by the Lord.

 

CCC 1135. The catechesis of the liturgy entails first of all an understanding of the sacramental economy.

 

1983 CIC 834. § 1. The Church fulfills its sanctifying function in a particular way through the sacred liturgy, which is an exercise of the priestly function of Jesus Christ. In the sacred liturgy the sanctification of humanity is signified through sensible signs and effected in a manner proper to each sign. In the sacred liturgy, the whole public worship of God is carried out by the Head and members of the mystical Body of Jesus Christ. § 2. Such worship takes place when it is carried out in the name of the Church by persons legitimately designated and through acts approved by the authority of the Church.

 

  1917 CIC 1255. § 1. To the most Holy Trinity and to each of its Persons, [and] to Christ the Lord, even under sacramental species, there is owed the worship of latria; to the Blessed Virgin Mary, the cult of hyperdulia [is owed]; and to the others reigning with Christ in heaven, the cult of dulia [is owed].

 

  1917 CIC 1256. [Worship], if it is carried on in the name of the Church by persons legitimately deputed for this and through acts instituted by the Church and given only to God, the Saints, and the Blesseds, is called public; anything less is private.

 

Sacraments as juridic acts.

 

1983 CIC 124. § 1. For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act. § 2. A juridic act placed correctly with respect to its external elements is presumed valid.

 

Canonical aspects of a sacramental act.

 

  Matter, Form, Minister, Recipient, Intention

  Rite, Consequences, and Other Variables

 

Hierarchic authority over sacraments.

 

Matthew 16: 18-19. And so I say to you, you are Peter, and upon this rock I will build my church, and the gates of the netherworld shall not prevail against it. I will give you the keys to the kingdom of heaven. Whatever you bind on earth shall be bound in heaven; and whatever you loose on earth shall be loosed in heaven. (See also Mt. 18:18.) See 1983 CIC 331, but see 1983 CIC 336.

 

Council of Trent, Sess. VII (3 mar 1547), On Sacraments in general. CANON 1. If anyone says, that the sacraments of the New Law were not all instituted by Jesus Christ, our Lord; or, that they are more, or less, than seven, to wit, Baptism, Confirmation, the Eucharist, Penance, Extreme Unction, Order, and Matrimony; or even that anyone of these seven is not truly and properly a sacrament; let him be anathema (Schroeder 51-53).

 

1983 CIC 835. § 1. The bishops in the first place exercise the sanctifying function; they are the high priests, the principal dispensers of the mysteries of God, and the directors, promoters, and guardians of the entire liturgical life in the church entrusted to them. § 2. Presbyters also exercise this function; sharing in the priesthood of Christ and as his ministers under the authority of the bishop, they are consecrated to celebrate divine worship and to sanctify the people. § 3. Deacons have a part in the celebration of divine worship according to the norm of the prescripts of the law. § 4. The other members of the Christian faithful also have their own part in the function of sanctifying by participating actively in their own way in liturgical celebrations, especially the Eucharist. Parents share in a particular way in this function by leading a conjugal life in a Christian spirit and by seeing to the Christian education of their children.

 

Magnum 838. § 1. The ordering and guidance of the sacred liturgy depends solely upon the authority of the Church, namely, that of the Apostolic See and, as provided by law, that of the diocesan Bishop. § 2. It is for the Apostolic See to order the sacred liturgy of the universal Church, publish liturgical books, recognize adaptations approved by the Episcopal Conference according to the norm of law, and exercise vigilance that liturgical regulations are observed faithfully everywhere. § 3. It pertains to the Episcopal Conferences to faithfully prepare versions of the liturgical books in vernacular languages, suitably accommodated within defined limits, and to approve and publish the liturgical books for the regions for which they are responsible after the confirmation of the Apostolic See. § 4. Within the limits of his competence, it belongs to the diocesan Bishop to lay down in the Church entrusted to his care, liturgical regulations which are binding on all. (emphasis added)

 

Required reading:

 
 • Peters' Blog, 25 aug 2017, here
▪ Francis misspeaks when he purports to assert with “magisterial authority” that the "liturgical movement" is "irreversible".

 

1983 CIC 840. The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and the Church, they are signs and means which express and strengthen the faith, render worship to God, and effect the sanctification of humanity and thus contribute in the greatest way to establish, strengthen, and manifest ecclesiastical communion. Accordingly, in the celebration of the sacraments the sacred ministers and the other members of the Christian faithful must use the greatest veneration and necessary diligence.

 

  1917 CIC 731. § 1. As all the Sacraments of the New Law, instituted by Christ Our Lord, are the principal means of sanctification and salvation, the greatest diligence and reverence is to be observed in opportunely and correctly administering them and receiving them. § 2. It is forbidden that the Sacraments of the Church be ministered to heretics and schismatics, even if they ask for them and are in good faith, unless before-hand, rejecting their errors, they are reconciled with the Church.

 

1983 CIC 841. Since the sacraments are the same for the whole Church and belong to the divine deposit, it is only for the supreme authority of the Church to approve or define the requirements for their validity; it is for the same or another competent authority according to the norm of Canon 838 §§ 3 and 4 to decide what pertains to their licit celebration, administration, and reception and to the order to be observed in their celebration.

 

General rights to sacraments.

 

1983 CIC 18. Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

 

1983 CIC 213. The Christian faithful have the right to receive assistance from the sacred pastors out of the spiritual goods of the Church, especially the word of God and the sacraments.

 

1983 CIC 842. § 1. A person who has not received baptism cannot be admitted validly to the other sacraments. § 2. The sacraments of baptism, confirmation, and the Most Holy Eucharist are interrelated in such a way that they are required for full Christian initiation.

 

1983 CIC 843. § 1. Sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them.

 

Conditional conferral.

 

1983 CIC 845. § 1. Since the sacraments of baptism, confirmation, and orders imprint a character, they cannot be repeated. § 2. If after completing a diligent inquiry a prudent doubt still exists whether the sacraments mentioned in § 1 were actually or validly conferred, they are to be conferred conditionally. (See also Canon 869.)

 


Baptism

Matthew XXVIII: 19. Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit.

 

Required readings:

 

 • 1983 CIC 849-878, on-line here.

 

  LG 11. Incorporated in the Church through baptism, the faithful are destined by the baptismal character for the worship of the Christian religion; reborn as sons of God they must confess before men the faith which they have received from God through the Church.

 

Florence Baptistery

 

Background readings:

 

  CCC 1213-1284, on-line here.

 

  Cong. for Divine Worship (Gut), decr. Ordinem baptismi (15 mai 1969), AAS 61 (1969) 548, Eng. trans. CLD VII: 594-595. ▪ Promulgation of post-conciliar Rite of Baptism (for children).

 

Supplemental materials

 

1983 CIC 849. Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church.

 

Background readings:

 

  Peters' Canon Law Blog, 'The rules on baptism are meant to be followed', here, noting that CDF ruled that baptism attempted "In the name of the Creator" etc., is indeed invalid.

 

1983 CIC 855. Baptismal names.

 

  1917 CIC 761. Pastors should take care that a christian name is given to those whom they baptize; but if they are not able to bring this about, they will add to the name given by the parents the name of some Saint and record both names in the book of baptisms.

 

1983 CIC 861. Ministers of baptism.

 

Background reading:

 

  Peters' Canon Law Blog, 'The minister of baptism', here, analysis of a bizarre baptism that illustrated several points of law on baptism.

 

De Concordia 868. Authorization for baptism.

 

Required reading:

 

  Peters' Canon Law Blog, 'The Catholic effect of Catholic baptism', here, offering thoughts in the wake of the curious phrasing of De Concordia 868 § 3. Recall Pascite 1367 olim 1983 CIC 1366, on-line here, on penalties for the baptism of 'Catholic' children into something other than the Catholic Church.

 

1983 CIC 877. Baptismal recordation.

 

  Note: USCCB, Norm on recordation of names in adoption cases, on-line here.

 


Confirmation

 

Acts VIII: 14-17. Now when the apostles at Jerusalem heard that Samaria had received the word of God they sent to them Peter and John who came down and prayed for them that they might receive the Holy Spirit; for it had not yet fallen on any of them, but they had only been baptized in the name of the Lord Jesus. Then they laid their hands on them and they received the Holy Spirit.

 

Required readings:

 

 • 1983 CIC 879-896, on-line here.

 

  LG 11. [T]he faithful ... are more perfectly bound to the Church by the sacrament of Confirmation and the Holy Spirit endows them with special strength so that they are more strictly obliged to spread and defend the faith, both by word and by deed, as true witnesses of Christ.

 

Background readings:

 

 • CCC 1285-1321, on-line here.

 

 • Paul VI (reg. 1963-1978), ap. con. Divinae consortium naturae (15 aug 1971), AAS 63 (1971) 657-664, Eng. trans. CLD VII: 604-610, on-line here. ▪ Promulgation of post-conciliar Rite of Confirmation.

 

Supplemental materials

 

1983 CIC 879. The sacrament of confirmation strengthens the baptized and obliges them more firmly to be witnesses of Christ by word and deed and to spread and defend the faith. It imprints a character, enriches by the gift of the Holy Spirit the baptized continuing on the path of Christian initiation, and binds them more perfectly to the Church.

 

1983 CIC 880. Matter and form of Confirmation.

 

  Note: USCCB, Memo recognizing use of an instrument by the minister of Confirmation, on-line here.

 

Required readings:

 

  E. Peters, "Form of Confirmation", CLSA Advisory Opinions (2010) 131-133. ▪ Substitution of the phrase "gifts of the Holy Spirit" for "Gift of the Holy Spirit" impacts validity of sacrament.

 

  E. Peters, "Invalid confirmation due to contrary intention of the recipient", CLSA Advisory Opinions (2007) 68-70. Positive intention against reception of sacrament impacts validity, on-line here.

 

1983 CIC 891. Age for Confirmation.

 

  Note: USCCB, Norm on age of Confirmation, on-line here.

 

Background readings:

 

  Peters' Canon Law Blog, 'Another welcome return to the earlier age for Confirmation', here.

 

1983 CIC 893. Confirmation sponsor.

 

  1917 CIC 796. In order to be licitly admitted to the role of sponsor it is required: 1° That he be different from the sponsor at baptism unless for reasonable cause in the judgment of the minister it argues otherwise, or if confirmation is legitimately confirmed immediately after baptism;

 


Eucharist

I Cor XI: 23-25. For I received from the Lord what I also delivered to you, that the Lord Jesus on the night when he was betrayed took bread, and when he had given thanks, he broke it and said, “This is my body that is for you. Do this in remembrance of me.” In the same way also the cup, after supper, saying, “This cup is the new covenant in my blood. Do this, as often as you drink it, in remembrance of me.”

John VI. Bread of Life discourse.

 

Required readings:

 

 • 1983 CIC 897-958, on-line here.

 

 • LG 11. Taking part in the Eucharistic sacrifice, which is the source and summit of the whole Christian life, [Christians] offer the Divine Victim to God, and offer themselves along with It. Thus both by reason of the offering and through Holy Communion all take part in this liturgical service, not indeed, all in the same way but each in that way which is proper to himself. Strengthened in Holy Communion by the Body of Christ, they then manifest in a concrete way that unity of the people of God which is suitably signified and wondrously brought about by this most august sacrament.

 

 • SC 10. From the liturgy, therefore, and especially from the Eucharist, as from a font, grace is poured forth upon us; and the sanctification of men in Christ and the glorification of God, to which all other activities of the Church are directed as toward their end, is achieved in the most efficacious possible way.

 

Background readings:

 

 • CCC 1322-1419, on-line here.

 
 • 
Benedict XVI (reg. 2005-2013), ap. exh. Sacramentum caritatis (22 feb 2007) AAS 99 (2007) 105-180, Eng. on-line here.

 
 • 
Cong. for Divine Worship and Discipline of the Sacraments (Arinze), instr. Redemptionis sacramentum (25 mar 2004), AAS 96 (2004) 549-601, Eng. on-line here.

 

 • John Paul II (reg. 1978-2005), enc. Ecclesia de Eucharistia (17 apr 2003), AAS 95 (2003) 433-475, Eng. on-line here.

 

Supplemental materials

 

1983 CIC 897. The most August sacrament is the Most Holy Eucharist in which Christ the Lord himself is contained, offered, and received and by which the Church continually lives and grows. The eucharistic sacrifice, the memorial of the death and resurrection of the Lord, in which the sacrifice of the cross is perpetuated through the ages is the summit and source of all worship and Christian life, which signifies and effects the unity of the People of God and brings about the building up of the body of Christ. Indeed, the other sacraments and all the ecclesiastical works of the apostolate are closely connected with the Most Holy Eucharist and ordered to it.

 

1983 CIC 898. Teaching on Eucharist.

 

  See also Pascite 1382 olim 1983 CIC 1367, on-line here, and Elliott, Question Box 140-144 (confession of Eucharistic sacrilege).

 

1983 CIC 902. Individual and conjoined celebration of Mass.

 

Background reading:

 

  CDF, Resp. De valida concelebratione (8 mar 1957), AAS 49 (1957) 370. Requires concelebrants to pronounce institution narrative (Eucharistic form) audibly.

 

  Edward Peters, "The ordination of men bereft of speech and the celebration of sacraments in sign language"Studia Canonica 42 (2008) 331-345, pdf here. Demonstrates that celebration of sacraments in sign language satisfies the requirement that form be expressed ('pronounced audibly').

 

1983 CIC 907. Demarcation of proper prayers and actions during Mass.

 

Background reading:

 

  E. Peters, wbp Another Look at the Orans Issue, here. Confusion concerning gestures during Lord's Prayer at Mass are in part the result of anomalous rubrics.

 

1983 CIC 915. Withholding Holy Communion.

 

Background reading:

 

  E. Peters, wbp Resources for Understanding and Applying Canon 915, here.

 

1983 CIC 917. Eligibility for repeated reception of holy Communion.

 

Background reading:

 

  Edward Peters, "Reception of Holy Communion by one unable to swallow", CLSA Advisory Opinions (2007) 54-57. ▪ What constitutes reception of holy Communion?

 

1983 CIC 919. Communion fast.

 

Background reading:

 

  Edward Peters, "The Communion fast: a reconsideration", Antiphon 11 (2007) 234-244; and Edward Peters, "Furthering my proposal to extend the fast for holy Communion", Homiletic & Pastoral Review on-line (July 2013), on-line here. See generally E. Peters, wbp Extending the Communion Fast, here.

 

1983 CIC 920. Communion precept.

 

Canon 920 § 1 ►

1917 CIC 859 § 1 ►

(Trent, sess. XIII, c. 9) ►

QLD V, 38, ch. 12 ►

(Lateran IV, c. 21) ►

(earlier observances)

 

 

1983 CIC 924. Matter for Eucharist. See also Elliott, Question Box 150-152 (matter for Eucharist).

 

Background reading:

 

  CDWDS (Sarah), doc. "La Congregazione" (15 jun 2017), AAS 109 (2017) 857-859, Eng. on-line here. Special norms for matter of Eucharist.

 

  USCCB (Comm. on Divine Worship), Memo on celiac disease, alcohol intolerance and the Church's pastoral response (2012, 2016), on-line here. ▪ Outlining pastoral implications of celiac disease and alcohol intolerance and suggesting sources for obtains sacramentally suitable matter for Eucharist.

 

  Cong. for Doctrine of the Faith (Ratzinger), Circ. let. concerning low-gluten bread and mustum as matter for the Eucharist (24 jul 2003), Eng. trans. here.

 

1983 CIC 931. Time of Mass and distribution of Eucharist.

 

  1917 CIC 821. § 1. The beginning of the celebration of Mass shall not occur earlier than one hour before first light or later than one hour after noon.

 

1983 CIC 938. Tabernacle. See also Elliott, Question Box 33-35 (tabernacle security).

 

1983 CIC 943. Minister of Exposition. See also Elliott, Question Box 65-66 (double genuflection) and Elliot, Question Box 167-168 (minister of exposition).

 

Mass stipends.

 

1984 CIC 945. Mass offerings. See also Huels, Questions at 47-55 (stipends).

 

Required reading:

 

 • Cong. for the Clergy (Innocenti), decr. Mos iugiter (22 feb 1991), AAS 83 (1991) 443-446, Eng. on-line here. ▪ Current regulations on 'combined stipends'.

 

Background reading:

 

 • Pius VI (1794), con. Auctorem fidei (1794), in Denzinger 2630 (special fruits of Mass can be applied by a priest to an intention), and 2654 (stipends are not simoniacal if done as Apostle [Gal VI: 6] accepted gifts).

 

 • Paul VI (reg. 1963-1978), ap. lit. Firma in traditione (13 iun 1974), AAS 66 (1973) 308-311, Eng. trans. CLD VIII: 530-533. ▪ Beginning of post-conciliar reforms regarding Mass stipends.

 

1983 CIC 947. Prohibition against trafficking or appearing to traffic in stipends.

 

  See also Pascite 1383, on-line here.

 


Penance

John XX: 23. If you forgive the sins of any they are forgiven; if you retain the sins of any they are retained.

 

Required readings:

 

 • 1983 CIC 959-991, on-line here.

 

 • LG 11. Those who approach the sacrament of Penance obtain pardon from the mercy of God for the offence committed against Him and are at the same time reconciled with the Church, which they have wounded by their sins, and which by charity, example, and prayer seeks their conversion.

 

Background readings:

 

 • CCC 1422-1498, on-line here.

 

 • John Paul II (reg. 1978-2005), ap. exh. Reconciliatio et paenitentia (2 dec 1984), AAS 77 (1985) 185-275, Eng. on-line here.

 
 • 
Robert Fastiggi (American layman, 1953-), The Sacrament of reconciliation: an Anthropological and Scriptural Understanding (Hillenbrand, 2017) 155 pp.

 

 • Cong. for Divine Cult (Villot), decr. Reconciliationem (2 dec 1973), AAS 66 (1974) 172-173, Eng. trans. CLD VIII: 550-552. ▪ Promulgation of post-conciliar Rites of Penance.

 

Supplemental materials

 

1983 CIC 959. In the sacrament of penance the faithful who confess their sins to a legitimate minister, are sorry for them, and intend to reform themselves obtain from God through the absolution imparted by the same minister forgiveness for the sins they have committed after baptism and, at the same, time are reconciled with the Church which they have wounded by sinning.

 

1983 CIC 960. Individual and integral confession is normative means of celebration.

 

Required reading:

 

 • Peters' Canon Law Blog, 'Couples should not attempt joint sacramental confession', here.

 

1983 CIC 961. General absolution.

 

 • Then to their side comes the Archbishop Turpin, Riding his horse and up the hillside spurring. He calls to the French and preaches them a sermon: “Barons, my lords, Charles picked us for this purpose; We must be ready to die in our King’s service! Christendom needs you, so help us preserve it. Battle you’ll have, of that you may be certain. Here come the Paynims — your own eyes have seen them. Now beat your breasts and ask God for His mercy: I will absolve you and set your souls in surety. If you should die, blest martyrdom’s your guerdon; You’ll sit on high in Paradise eternal.” The French all alight and kneel down in worship; God’s shrift and blessing the Archbishop conferreth, And for their penance he bids them all strike firmly. -- Song of Roland 89 (after Sayers)

 

Rev. Thomas Byles likely conferred

general absolution on the Titanic

 

  Note: USCCB, Compl. Norm on understanding of 'diu' as being one month (15 dec 1989), on-line here; CCCB, Decr. "On certain aspects of the celebration of the sacrament of Penance" (19 oct 2007), on-line here, setting out, as authorizing general absolution, two month anticipated deprivation of sacraments despite two hours of effort with normal transportation.

 

1983 CIC 964. Proper place for Confession.

 

  Note: USCCB, Compl. Norm on confessionals (20 oct 2000), on-line here.Facilities for both face-to-face and anonymous confession must be established in churches and oratories.

 

Required reading:

 

 [PCLT] (Herranz), resp. ad dub. re Can. 964 § 2 (07 jul 1998), AAS 90 (1998) 711. ▪ Latin on-line here. ▪ Confessors can generally require penitents to use grated confessionals.

 

1983 CIC 966. Faculties for confession.

 

Background reading:

 

 • Peters' Canon Law Blog, 'Alison's claim binds no one', here. No one need recognize a priest's mere claims to have faculties for confession even if it claimed that such faculties came from a pope.

 

1983 CIC 977. Absolution of an accomplice. See also Pascite 1384, on-line here.

 

1983 CIC 983. Seal of Confession. See also Pascite 1386, on-line here.

 

Pascite 1385 olim 1983 CIC 1387, on-line here. Solicitation in Confession.

 

Required reading:

 

  Edward Peters, "When bad advice in confession becomes a crime", Homiletic & Pastoral Review 101/9 (Jun-Jul 2011) 18-23, text/pdf here. ▪ Examines a particular species of solicitation in Confession.

 

Indulgences.

 

1983 CIC 992. An indulgence is is the remission before God of temporal punishment for sins whose guilt is already forgiven, which a properly disposed member of the Christian faithful gains under certain and defined conditions by the assistance of the Church which as minister of redemption dispenses and applies authoritatively the treasury of the satisfactions of Christ and the saints.

 

Background readings:

 

 • Paul VI (reg. 1962-1978), ap. con. Indulgentiarum doctrina (01 jan 1967), AAS 59 (1967) 5-24, Eng. trans. on-line here. ▪ Major pontifical reforms of indulgences, chiefly by abrogating earlier calculation of indulgences by periods of time and establishing merit as the criterion by which the Church adds the value of an indulgence.

 

  Edward Peters (American layman, 1957-), A Modern Guide to Indulgences, (Liturgy Training Publications, 2008) 115 pp., info here.

 


Anointing

 

James V: 14-15. Is any among you sick? Let him call for the elders of the church, and let them pray over him, anointing him with oil in the name of the Lord: And the prayer of faith will save the one who is sick, and the Lord will raise him up. And if he has committed sins, he will be forgiven.

 

Required readings:

 

 • 1983 CIC 998-1007, on-line here.

 

 • LG 11. By the sacred anointing of the sick and the prayer of her priests the whole Church commends the sick to the suffering and glorified Lord, asking that He may lighten their suffering and save them; she exhorts them, moreover, to contribute to the welfare of the whole people of God by associating themselves freely with the passion and death of Christ.

 

 • SC 73. “Extreme unction", which may also and more fittingly be called "anointing of the sick," is not a sacrament for those only who are at the point of death. Hence, as soon as any one of the faithful begins to be in danger of death from sickness or old age, the fitting time for him to receive this sacrament has certainly already arrived.

 

Background readings:

 

 • CCC 1499-1532, on-line here.

 

 • Paul VI (reg. 1963-1978), ap. con. Sacram unctionem infirmorum (30 nov. 1972), AAS 65 (1973) 5-9, Eng. trans. CLD VII: 682-686, or on-line here. ▪ Promulgation of post-conciliar Rite of Anointing.

 

Supplemental materials

 

1983 CIC 998. The anointing of the sick, by which the Church commends the faithful who are dangerously ill to the suffering and glorified Lord in order that he relieve and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books.

 

1983 CIC 1003. § 1. Every priest and a priest alone validly administers the anointing of the sick.

 

 • Note: The interdicasterial instruction Ecclesiae de mysterio (15 aug 1997) regards the restriction of ministration of Anointing to priests as "theologically certain doctrine". So does Huels, Pastoral Comp., 169.

 

1983 CIC 1004. Eligibility for Anointing. See also Huels, Questions 91-98 (celebration of Anointing).

 

Children in danger of death.

 

Required reading:

 

  E. Peters, 'Sacraments for Catholic children in danger of death', text here. ▪ Sets out which sacraments are, and are not, available to minors in danger of death.

 


Order

 

Hebrews V: 1-4. For every high priest chosen from among men is appointed to act on behalf of men in relation to God, to offer gifts and sacrifices for sins. He can deal gently with the ignorant and wayward since he himself is beset with weakness. Because of this he is bound to offer sacrifice for his own sins as well as those of the people. And one does not take this honor upon himself but is called by God just as Aaron was.

 

Required readings:

 

 • 1983 CIC 1008-1054, on-line here.

 

  PO 2. The office of priests, since it is connected with the episcopal order, also, in its own degree, shares the authority by which Christ builds up, sanctifies and rules his Body. Wherefore the priesthood, while indeed it presupposes the sacraments of Christian initiation, is conferred by that special sacrament; through it priests, by the anointing of the Holy Spirit, are signed with a special character and are conformed to Christ the Priest in such a way that they can act in the person of Christ the Head.

 

 • LG 11. Those of the faithful who are consecrated by Holy Orders are appointed to feed the Church in Christ's name with the word and the grace of God.

 

Presbyteral ordination

Background readings:

 

 • CCC 1536-1600, on-line here.

 

 • Paul VI (reg. 1963-1978), ap. con. Pontificalis Romani recogitio (18 iun 1968), AAS 60 (1968) 369-373, Eng. trans. CLD VII: 700-704. ▪ Promulgation of the post-conciliar Rite of Ordination.

 

 • Pius XII (reg. 1939-1958), ap. con. Sacramentum ordinis (30 nov 1947), AAS 40 (1948) 5-7, Eng. trans. CLD III: 396-399, or on-line here. ▪ Establishing laying on of hands and prayers of consecration as matter and form of ordination and specifically determining that the 'traditio instrumentorum' is not required.

 

Supplemental materials

 

Omnium 1008. By divine institution, some of the Christian faithful are marked with an indelible character and constituted as sacred ministers by the sacrament of holy orders. They are thus consecrated and deputed so that, each according to his own grade, they may serve the People of God by a new and specific title.

 

Omnium 1009. § 1. The orders are the episcopate, the presbyterate, and the diaconate. § 2. They are conferred by the imposition of hands and the consecratory prayer which the liturgical books prescribe for the individual grades. § 3. Those who are constituted in the order of the episcopate or the presbyterate receive the mission and capacity to act in the person of Christ the Head, whereas deacons are empowered to serve the People of God in the ministries of the liturgy, the word and charity.

 

Background reading:

 

 • Edward Peters, "Simplex priests. Ministry with a past, ministry with a future?", Fellowship of Catholic Scholars Quarterly 41 (2018) 109-114, pdf here.

 

 • Edward Peters, "Diaconal categories and clerical celibacy", Chicago Studies 49 (2010) 110-116, pdf here.

 

1983 CIC 1024. A baptized male alone receives sacred ordination validly.

 

Required reading:

 

 • St. John Paul II (reg. 1978-2005), ap. lit. Ordinatio sacerdotalis (22 mai 1994), AAS 86 (1994) 545-548, Eng. trans. CLD XIII: 533-536, or on-line here. Note especially: 4. ... Wherefore, in order that all doubt may be removed regarding a matter of great importance, a matter which pertains to the Church's divine constitution itself, in virtue of my ministry of confirming the brethren (cf. Lk 22:32) I declare that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be definitively held by all the Church's faithful.

 

1983 CIC 1031

 

Background reading:

 

  Note: USCCB, Norm on age for 'permanent diaconate', on-line here. ▪ Establishing 35 years of age as minimum for ordination to 'permanent' diaconate.

 

1983 CIC 1041.

 

Background readings:

 

  E. Peters, "Irregularity for abortion", CLSA Advisory Opinions (2011) 109-111. Examines point at which cooperation in abortion becomes an irregularity for orders.

 

  Edward Peters, "Vasectomy as an irregularity for holy Orders", Angelicum 90 (2013) 165-187, pdf here. ▪ Vasectomy does not qualify as a mutilation in the canonical tradition but law should be revised to include it.

 

  Pascite 1388. § 2. A person who comes forward for sacred orders bound by some censure or irregularity which he voluntarily conceals is ipso facto suspended from the order received, apart from what is established in canon 1044 § 2 n. 1.

 


Special Topics

 

Sacramental sharing.

 

1983 CIC 844.

 

 § 1. Catholic ministers administer the sacraments licitly to Catholic members of the Christian faithful alone, who likewise receive them licitly from Catholic ministers alone, without prejudice to the prescripts of §§ 2, 3, and 4 of this canon, and Canon 861, § 2.

 

 § 2. Whenever necessity requires it or true spiritual advantage suggests it, and provided that danger of error or of indifferentism is avoided, the Christian faithful for whom it is physically or morally impossible to approach a Catholic minister are permitted to receive the sacraments of penance, Eucharist, and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid.

 

 § 3. Catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick licitly to members of Eastern Churches which do not have full communion with the Catholic Church if they seek such on their own accord and are properly disposed. This is also valid for members of other Churches which in the judgment of the Apostolic See are in the same condition in regard to the sacraments as these Eastern Churches.

 

 § 4. If the danger of death is present or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments licitly also to other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord, provided that they manifest Catholic faith in respect to these sacraments and are properly disposed.

 

 § 5. For the cases mentioned in § § 2, 3, and 4, the diocesan bishop or conference of bishops is not to issue general norms except after consultation at least with the local competent authority of the interested non-Catholic Church or community.

 

 

Sacramental crimes and abuse of ministry or office.

 

Simulation of sacraments.

 

Pascite 1379 olim cc. 1378, 1379.

 

 § 1. The following incur an automatic interdict or, if a cleric, also an automatic suspension:

 

 1° a person who, not being an ordained priest, attempts the liturgical celebration of the Eucharistic Sacrifice;

 

 2° a person who, apart from the case mentioned in can. 1384, though unable to give valid sacramental absolution, attempts to do so, or hears a sacramental confession.

 

 § 2. In the cases mentioned in § 1, other penalties, not excluding excommunication, can be added, according to the gravity of the offence.

 

 § 3. Both a person who attempts to confer a sacred order on a woman, and the woman who attempts to receive the sacred order, incur an automatic excommunication reserved to the Apostolic See; a cleric, moreover, may be punished by dismissal from the clerical state.

 

 § 4. A person who deliberately administers a sacrament to those who are prohibited from receiving it is to be punished with suspension, to which other penalties mentioned in can. 1336 §§ 2-4 may be added.

 

 § 5. A person who, apart from the cases mentioned in §§ 1-4 and in can. 1384, pretends to administer a sacrament is to be punished with a just penalty.

 

Background Reading:

 

  Edward Peters, "Simulation of the Precious Blood in Eucharistic celebration", CLSA Advisory Opinions: (2012) 106-111, pdf here. ▪ Simulation attempted for "pastoral" reasons is still simulation. > Pascite 1379.

 

Illicit performance of non-sacramental sacred ministry.

 

Pascite 1389 olim c. 1384. A person who, apart from the cases mentioned in cann. 1379-1388, unlawfully exercises the office of a priest or another sacred ministry, is to be punished with a just penalty, not excluding a censure.

 

Abuse of office.

 

Pascite 1378 olim c. 1389.

 

 § 1. A person who, apart from the cases already foreseen by the law, abuses ecclesiastical power, office, or function, is to be punished according to the gravity of the act or the omission, not excluding by deprivation of the power or office, without prejudice to the obligation of repairing the harm.

 

 § 2. A person who, through culpable negligence, unlawfully and with harm to another or scandal, performs or omits an act of ecclesiastical power or office or function, is to be punished according to the provision of can. 1336 §§ 2-4, without prejudice to the obligation of repairing the harm.

 

 

Falsehoods.

 

Pascite 1390.

 

 § 1. A person who falsely denounces a confessor of the offense mentioned in can. 1385 to an ecclesiastical Superior incurs an automatic interdict and, if a cleric, he incurs also a suspension.

 

 § 2. A person who calumniously denounces some other offense to an ecclesiastical Superior, or otherwise unlawfully injures the good name of another is to be punished according to the provision of can. 1336 §§ 2-4 to which moreover a censure may be added.

 

 § 3. The calumniator must also be compelled to make appropriate amends

 

Background readings:

 

 • Edward Peters, "Retrospectives on Benedict XIV's const. Sacramentum poenitentiae (1741)", Apollinaris (2011) 581-605, pdf here.

 

Pascite 1391.

 

 The following are to be punished with the penalties mentioned in can. 1336 §§ 2-4 according to the gravity of the offence:

 

 1° a person who composes a false public ecclesiastical document, or who changes, destroys, or conceals a genuine one, or who uses a false or altered one;

 

 2° a person who in an ecclesiastical matter uses some other false or altered document;

 

 3° a person who, in a public ecclesiastical document, asserts something false.

 

 

Simony and gifts upon celebration of sacraments.

 

CCC 2121. Simony is defined as the buying or selling of spiritual things. To Simon the magician, who wanted to buy the spiritual power he saw at work in the apostles, St. Peter responded: "Your silver perish with you, because you thought you could obtain God's gift with money!" [Acts VIII: 9-24]. Peter thus held to the words of Jesus: "You received without pay, give without pay." It is impossible to appropriate to oneself spiritual goods and behave toward them as their owner or master for they have their source in God. One can receive them only from him without payment.

 

  1917 CIC 0727. § 1. By divine law, simony is the studied will to buy or sell for a temporal price an intrinsically spiritual thing, for example, Sacraments, ecclesiastical jurisdiction, consecration, indulgences, and so forth, or temporal things so connected with spiritual things that without the spiritual they cannot exist, for example, ecclesiastical benefices, and so on, or a spiritual thing that is, even in part, the object of a contract, for example, the consecration of a chalice consecrated in sale. § 2. By ecclesiastical law, simony is to give temporal things that are attached to spiritual ones for other temporal things that are attached to spiritual, or spiritual things for spiritual things, or even temporal for temporal if, in so doing, there is a danger of that irreverence toward spiritual things that is prohibited by the Church.

 

Crime of simony.

 

Pascite 1380. A person who through simony celebrates or receives a sacrament is to be punished with an interdict or suspension or the penalties mentioned in can. 1336 §§ 2-4.

 

Restriction on requests by ministers at times of celebration.

 

1983 CIC 848. The minister is to seek nothing for the administration of the sacraments beyond the offerings defined by competent authority, always taking care that the needy are not deprived of the assistance of the sacraments because of poverty.

 

Pascite 1377. § 2. A person who in the exercise of an office or function requests an offering beyond that which has been established, or additional sums, or something for his or her own benefit, is to be punished with an appropriate monetary fine or with other penalties, not excluding deprivation of office, without prejudice to the obligation of repairing the harm.

 

 

Exorcism.

 

1983 CIC 1172.

 

Background readings:

 

  [The Roman Ritual], Exorcisms and Certain Supplications, Eng. on-line here.

 

  Edward Peters, reviews of: J. Forteas, Interview with an Exorcist: An Insider's Look, in Antiphon 10 (2006) 296-297 (recommending); G. Amorth, An Exorcist Tells His Story, in This Rock (Jan 2000) 40 (sharply criticizing), text here; T. Allen, Possessed: The True Story of an Exorcism, in Southern Cross (23 Sep 1993) 34 (recommending), text here.

 

Liturgy of the Hours.

 

1983 CIC 1174. Obligation of Divine Office.

 

Background reading:

 

  Paul VI (reg. 1963-1978), ap. con. Laudis canticum (1 nov 1970), AAS 63 (1971) 527-535, Eng. on-line here.

 

Veneration of Saints, Images, Relics.

 

1983 CIC 1190. Alienation of relics.

 

Buying and Selling Blessed Objects.

 

  Benedict Nguyen, "Q: Is selling—or buying—a blessed object permitted?", Adoremus (11 jan 2022), here.

St. E. Ann Seton relic

before a Mary statue

 

Ecclesiastical Funerals.

 

1983 CIC 1184. Deprivation of funerals.

 

Background reading:

 

  Peters, wbp Funeral controversies, here.

 

Holy Oils.

 

1983 CIC 847. Provisions on holy oils. See also Elliott, Question Box 158-159 (adding oils).

 

Scholion on necessity of sacraments.

 

Scholion on sacred places.

 

Liturgical books.

 

1983 CIC 846. Authority of the liturgical books.

 

Background Reading:

 

  Edward Peters, "Liturgical Law: the Last Labyrinth", Adoremus Bulletin (Sep 1996) 3, text here. ▪ Explains why liturgical law is so difficult to track down. > Canon 2. Canon 846. Gasparri.

Lecture

Aids

 


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This website undergoes continual refinement and development. No warranty of completeness or correctness is made.

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