Author Topic: MacKenzie, Eric. (1932). "The Delict of Heresy". [sacraments from heretics]  (Read 67 times)

Joe Cupertino

[referring to heretics]
...the second and third sections of canon 2261 provide for the delinquents administration of Sacraments in certain special cases.  This provision is not intended as a favor to the delinquent himself, but rather as a means of making the Sacraments more available to the faithful, especially urgent cases…  The provisions distinguish between those priests who have not and those who have received judicial sentences, and between the faithful whose case is urgent and those who are in ordinary need of the Sacraments. …Canon 2261 is the logical complement of this legislation, in giving the faithful the right to seek the ministrations of priests so empowered…  When the priest or other cleric is excommunicated, but has not received either a declaratory or condemnatory sentence, the faithful are permitted to ask and receive from him any Sacrament or Sacramental, especially if other ministers are absent.  In these circumstances the said minister is free to administer to the faithful, and does not thereby violate the censure of which he is conscious.  The faithful are required to have a just cause for their request, but canonists do not require that it be a serious (gravis) cause; the earlier conferring of Baptism, the dispelling of doubt concerning the gravity of a sin and the state of conscious, the desire for greater purity of soul when approaching the Holy Table, or the wish to communicate more frequently, have been recognized as just causes for requesting Sacraments even from priests known to be under simple censure.  Meanwhile the minister is not required to investigate the reasons impelling the faithful to approach him, nor to verify the justice of their reasons.  On being asked to administer a Sacrament, he is immediately free (ratione censurae) to do so.  Even more, canonists do not require him to wait for an explicit request.  Any implicit or reasonably presumed petition will be sufficient.  Hence, when no other minister is available, a priest who is consiously guilty of a delict of heresy may go to Church, and show himself as ready to hear Confessions at the regular hours to distribute Communion and celebrate Mass when the faithful gather for these purposes.

---MacKenzie, Eric, A.M., S.T.L., J.C.L.  The Delict of Heresy: In Its Commission, Penalization, Absolution.  Washington, D. C: The Catholic University of America, 1932.
The following users thanked this post: Mithrandylan