Treatise — Bucceroni, Institutions of Moral Theology
On the Third and Fourth Precepts of the Church
What is the third and fourth precept of the Church? - The third precept of the Church is that the faithful confess their sins at least once each year to their own priest, namely to the Pope, Bishop, pastor, or any priest approved by the Bishop. Innocent III in Lateran Council IV, a. 1218, can. 21, Omnis utriusque sexus; Benedict XIV, de Syn. l. 11, c. 14, n. 2-6. - The fourth precept is that the faithful, each year, at least at Easter time, approach the Most Holy Sacrament of the Eucharist. Innocent III, l. c.; Trid. s. 13, c. 9.; E. M.
When are children judged to have attained the years of discretion, so that they are bound by the precept of Confession? - When they are capable of mortal sin; that is around the seventh year, which is to be judged not from age alone, but chiefly from the degree of understanding or discretion of good and evil. But the spirit of discretion is judged to be present in those who now apprehend that lying or disobedience is evil, or who are ashamed of certain impure actions, etc. Hence pastors of souls are held gradually to prepare these little children for Confession, and to absolve those in whom they observe mortal sin, even doubtful, at least within the year, by force of the Lateran Council. In doubt concerning discretion, let them be absolved conditionally. Therefore Confessors who never wish to absolve children committed to them gravely err and cannot be excused. But from the same age of discretion, that is around the seventh year, the obligation also of Communion begins. S. C. de Sacram. 8 Aug. 1910.; L. 1. 3, n. 370.; l. 6, n. 432-666.
Whether he who is not burdened with mortal sins is held to confess by reason of the precept of annual Confession? Resp. Negatively. The reason is that the Church, by commanding annual Confession, determines the precept of Confession imposed by Christ. But Christ imposed no other precept of Confession than that of mortal sins, as is clear from Trent s. 14, C. 1, 5.; c. 1, 2, 6, 7. - Therefore. C. De Lugo calls this opinion common and truer, Resp. Mor. l. 1, d. 15, n. 2.; L. l. 6, n. 663, 667.; Schmalz. de Poenit. et Rem. n. 16.
Note: "Notwithstanding these things, certain regular, or even synodal, statutes are given, by which religious, and in certain dioceses clerics, are obliged to receive the sacrament of penance more often within the year, even if they are conscious to themselves only of venial sins.... Meanwhile, however, similar statutes ordinarily, and speaking of themselves, do not oblige under grave sin." Struggl 18. From the Norms of the S. C. EE. and RR., art. 138, Religious are held ordinarily to make sacramental confession once a week.
Resolutions: "If someone within the year and at the beginning of Easter time confessed only venial sins, and then within Easter time fell into mortal sin, he would be held to confess it: because he would not yet have satisfied the precept of the Church, which obliges only to confessing mortal sins. Meanwhile, however, it is also probable that he is not held to confess before the year has elapsed from the sin committed." Struggl 12. Indeed, since doctors are not lacking who hold that annual Confession from obligation, in defect of mortal sins, is extended to venial sins; and the faithful think that by annual Confession they have now satisfied the obligation; certainly they ought not to be obliged, in the case, to a repeated Confession of mortal sins committed afterward. Cf. St. Thomas, 4 d. 17, q. 3, a. 1.; d. 16, q. 2, a. 2.; s. q. 6, a. 3.; q. 8, a. 5 ad 4.; Benedict XIV, Inst. 18, n. 24.
Whether this precept is attached to Easter time? - This precept is not per se, but only per accidens, attached to Easter time. The reason is that the Church nowhere commanded annual Confession determinately for Easter time, as it did Easter Communion. It is not per se, but only per accidens attached, etc.; for one having mortal sin is obliged to Confession at Easter time per accidens, and by reason of Communion to be received at Easter time; because for receiving this worthily in a sinner, contrition does not suffice, but sacramental Confession is required. Trent s. 13, C. 17, c. 11.; Struggl 10.
From what time is the year of Confession to be computed? - It can probably be computed from the first day of January to the last of December, or from the last Confession, or from one Easter time to another Easter time. Struggl 11.; L. 662. "But Lugo with the common opinion says that there is no obligation of confessing on account of the sole danger of forgetting sins." L. 665, 671.
Whether the precept of the Church is satisfied by an invalid Confession? Resp. Negatively, whether the Confession is voluntarily or involuntarily invalid. The first part is openly clear from proposition 14 condemned by Alexander VII. The second part is clear from the fact that the Church commands a Confession through which the sinner is reconciled with God. Hence, if a priest had invalidly absolved a penitent from defect of due intention or jurisdiction, and the latter found this out, he would have to confess again, if he knew himself to be guilty of mortal sin. Struggl 13. - Likewise he by no means satisfies the precept of Communion who communicates sacrilegiously. E. M.
Whether annual Confession which is not made to the pastor, or to another with the pastor's permission, is sufficient for satisfying the precept of the Church concerning annual Confession to be made to one's own priest? Resp. Affirmatively. The reason is that he who confesses to a priest having jurisdiction and approved now confesses to him by the permission of his own pastor, namely either of the Supreme Pontiff or of the Bishop, who deputed him so that he might hear the Confessions of all coming to him. Lugo Resp. Mor. l. 1, d. 15, n. 2.
Whether he who has not confessed for a whole year is held to confess as soon as possible? - Resp. Affirmatively. Because the precept imposed by the determination of the Church urges; for the term of the year was not placed by the Church to end the obligation, but only to urge it, as is sufficiently gathered from the words of the precept: at least once in the year. Yet another opinion is present which denies it. Moreover, he who confesses in the following year satisfies by one confession the precept of each year; and there is no one in practice who obliges him to another confession. For the precept is only concerning confession to be made once in the year. Therefore in this same year he is not held to another. L. l. 6, n. 668, 669. Cf. 1568 and Lugo de Poenit. d. 15, n. 180.
What is the nature of the precept of Easter Communion? - The precept of Easter Communion, not otherwise than the precept of annual Confession, is divine as regards substance, but ecclesiastical as regards the determination of time. But Communion is commanded in one's own parish, as is clear from the general practice of the Church and various Constitutions of the Supreme Pontiffs. Benedict XIV, C. Cum magno, a. 1751. Each is grave: not to communicate in one's own parish, and not to communicate at Easter time, although one or another day after Easter time has elapsed. There is no precept of the Church of receiving Communion determinately on the day of Easter, or on the Supper of the Lord, even for clerics. But priests satisfy this precept by celebrating anywhere; otherwise they are held to communicate in the parish, as other laymen. L. 300.; Lugo d. 17, n. 31.; E. M. In the often cited Catechism, promulgated in 1913 and edited by order of the Holy Father Pius X, 18 Oct. 1912, the third precept of the Church is expressed thus: "To confess at least once a year, and to communicate at least at Easter." In one's own parish is omitted.
What is Easter time; and who can grant delay? Easter time by common law begins from Palm Sunday and ends on Low Sunday. But it can be prolonged by dispensation of the Bishop or pastor. Thus judged S. C. C. 19 Nov. 1616. Ferraris v. Eucharistia n. 10. But pastors, only in individual cases. L. l. 6, n. 294, 296. Since the Confessor is judge not only of the disposition required for Communion, but of the greater opportuneness for receiving the Most Holy Sacrament, he can permit or impose some delay, if he judges that the greater good of the penitent requires this, at least if the latter is not unwilling. L. l. 6, n. 297, third part at the end. For this was expressly provided in C. Omnis de Poenit. et remiss.
Yet the penitent would indeed sin if the Confessor had to defer Easter Communion for him on account of defect of due disposition for receiving sacred absolution. For he who is held to the end is also held to the means. But due disposition for absolution is a means altogether necessary for receiving the sacred Eucharist at the prescribed time. Therefore. In Latin America all the faithful can satisfy the precept of annual confession and communion from Septuagesima Sunday up to and including the eighth day of the solemnity of Corpus Christi. Leo XIII, C. Trans oceanum § VIII. At present in Rome the aforesaid time for Easter Communion is prolonged up to the feast of the Most Holy Trinity.
Who can dispense from Communion in the parish? From the precept of communicating in one's own parish the Bishop, the vicar general, and the pastor himself can dispense. But interpretative or presumed consent suffices, provided there is moral certainty concerning their will. Thus St. Alphonsus l. c. n. 300.; Gousset 224, 226.
Whether in the Cathedral all who are of the diocese can fulfill the precept by communicating there? Tamburini responds "that they can, because there resides the Bishop, who is the common head and pastor of the whole diocese. Thus Diana.... Thus also Bonacina." De 3 Eccl. pr. c. 4, n. 4. And concerning this same matter, "there are many of the ancients," says C. De Lugo Resp. Mor. l. 1, d. 15, "who recognize in the archpriest of the Cathedral Church the power of administering sacraments to all subjects of that diocese, and therefore they seem to suppose the Cathedral Church to be common to the whole diocese; Thomas Sanchez reports and gathers these, l. 3 de Matrim. d. 27, n. 1. Wherefore he who receives Communion in the cathedral church seems to receive it in the common parish of the whole diocese. Hence just as, if he received it from the hand of the Bishop, he would without doubt satisfy the precept of the Church, since the Bishop is pastor of the whole diocese, so if he receives it in the episcopal Church, he seems to satisfy the same precept," n. 3. "Yet I," C. De Lugo continues, "rather believed that in strictness satisfaction is not made except in the proper parish of each one, or unless the Bishop expressly or tacitly consents," n. 4. St. Alphonsus, l. 6, n. 300, adheres to this opinion of Lugo, and says of the opposite opinion: "I do not know whether it is probable, unless in some place there is a common usage which causes the consent of the Bishop to be presumed; for sheep ought to be known by their own shepherd." And the same opinion is clear from S. C. EE. and RR. 21 Jan. 1848. Yet S. R. C. 6 Sept. 1636, 1 Apr. 1662, n. 1230, favors the contrary opinion.
Where can travelers, vagi, soldiers, and servants satisfy the precept of Easter Communion? - Travelers and vagi can communicate in any church, nor are they held to approach the parish of the place where they are staying; because they do not have their own pastor who ought to know them. - Soldiers in station, or having domicile in a city, ought to communicate in the parish in which they dwell; otherwise they can fulfill the precept in any church. Servants and all others having quasi-domicile are bound by the same law as inhabitants. L. l. 6, n. 300.
Whether he who communicated sacrilegiously in the parish is held to communicate again in the parish? - Resp. Negatively, because he fulfilled the end of the precept as regards the circumstance of place: therefore it suffices that he communicate in any place whatever to satisfy the precept of Easter Communion, which he did not fulfill through sacrilegious Communion. Nor is he held to making Easter Communion in the parish who at Easter time received sacred Viaticum, for the end of the law was sufficiently fulfilled. But cf., as regards this question and the preceding 1564-1566, n. 1562 at the end. La-Croix 630.
Whether he who omitted Communion at Easter is afterward held, once Easter time has passed, to receive Communion as soon as possible? The first opinion, more common, and which St. Alphonsus holds, l. 6, n. 297, affirms; and according to this opinion, as one is held to Communion after Easter time has passed, so also he is held to receiving Communion in his own parish.
The reason is that Easter time was not assigned by the Church to end the obligation, but to urge it; hence when the obligation already contracted has not yet been fulfilled, it must be fulfilled as soon as possible. Indeed, from the Lateran Council, one is not held simply to receiving Communion at Easter, but at least at Easter. The other opinion denies it. The reason is that the precept of Communion is affixed to Easter time. For as in the precept of hearing Mass on Sunday, and in similar precepts, the obligation ceases with the predefined time, so also it must be said in this precept of Communion at Easter time. Indeed, if Communion were not truly affixed to Easter time, but had to be made each year at least after that time had elapsed, it would be licit also to make it before Easter time, with just cause standing. Several and grave theologians hold this opinion, among whom is St. Antoninus; Busembaum, Palaus, Bonacina, and others think it probable, and St. Alphonsus himself, l. c., thinks it not to be contemned. But according to this second opinion, as one is not any longer held in that year to Communion when Easter time has now passed, so consequently neither is he obliged to Communion in his own parish. "Which," notes the holy Doctor, 688, "proceeds pari passu with the precept of annual Confession." But the precept of the Church here is determinative of the divine precept of communicating sometime in life.
Hence, when Easter time has passed, just as certainly the divine precept does not cease, so the ecclesiastical precept always urges, namely for that year; for it is said that the faithful ought to communicate each year, at least at Easter. Trent s. 13, c. 9. Therefore, if not at Easter, certainly not as soon as possible; but within the year one ought to communicate. Within the year, i.e., from Easter to Easter; otherwise the year cannot here be verified, since, in the time from January to Easter, the precept cannot be anticipated.
Whether one who cannot communicate at Easter time is held to anticipate? Resp. Negatively, because "such communion would not fulfill the precept; for at the time at which it would be made, the time of obligation would not yet have begun, since the time of annual communion had not yet begun. Conversely it is certain that, when Easter time has begun, if someone foresees that he is to be impeded from Communion, he is held to receive it immediately, as they commonly teach." L. 298.
Whether an excommunicated person is held to obtain absolution so that he can fulfill the precept? - They commonly affirm it; "because Communion greatly contributes to the salvation of the soul, whence its precept strictly obliges to removing spiritual evils which stand in the way." L. 299. Indeed he who is held to the end is held to the necessary means ordered per se to it. Wherefore just as he who is in mortal sin is held to confess, so that he can fulfill the precept of Communion, so also he who is excommunicated is held to obtain absolution from excommunication, so that he can receive Communion. And this is confirmed from the fact that, if someone wishes, he can most easily obtain the aforesaid absolution.
1570 bis. Decree concerning the first Communion of children. "...With all these things maturely weighed, this Sacred Order concerning the discipline of the Sacraments, in the general Congregation held on the fifteenth day of the month of July, in the year 1910, so that the mentioned abuses may be entirely removed and children even from tender years may adhere to Jesus Christ, live His life, and find protection against the dangers of corruption, judged it opportune to establish the following norm concerning the first Communion of children, to be observed everywhere. I. The age of discretion both for Confession and for Holy Communion is that in which the child begins to reason, that is around the seventh year, whether above or even below. From this time begins the obligation of satisfying each precept of Confession and Communion. II. For first Confession and first Communion a full and perfect knowledge of Christian doctrine is not necessary. Yet afterward the child will have to learn the whole catechism gradually according to the measure of his understanding. III. The knowledge of religion which is required in the child, so that he may suitably prepare himself for first Communion, is that by which he perceives according to his capacity the mysteries of faith necessary by necessity of means, and distinguishes Eucharistic bread from common and bodily bread, so that he may approach the Most Holy Eucharist with that devotion which his age bears. IV. The obligation of the precept of Confession and Communion, which burdens the child, falls chiefly upon those who ought to have care of him, that is, upon the parents, the confessor, the teachers, and the pastor. But it pertains to the father, or to those who take his place, and to the confessor, according to the Roman Catechism, to admit the child to first Communion. V. Once or several times in the year let pastors take care to announce and hold a general Communion of children, and to admit to it not only the newly admitted, but also others who, with the consent of parents or confessor, as was said above, have already previously for the first time tasted holy things from the altar. For each group let some days of instruction and preparation be put before.
VI. Those having care of children must take care with every zeal that after first Communion the same children approach the sacred table more often, and, if it can be done, even daily, as Christ Jesus and mother Church desire, and that they do this with that devotion of soul which such an age bears. Let those to whom this care belongs remember moreover the very grave office by which they are held of providing that the children themselves continue to be present at public catechetical instruction, or if not, that they supply for the religious instruction of the same in another way. VII. The custom of not admitting children to confession, or of never absolving them, when they have arrived at the use of reason, is altogether to be disapproved. Wherefore local Ordinaries, with remedies of law also employed, will take care that it be thoroughly removed from the midst. VIII. Altogether detestable is the abuse of not ministering Viaticum and Extreme Unction to children after the use of reason, and of burying them with the rite of little children. Let local Ordinaries proceed severely against those who do not depart from a custom of this kind. These things sanctioned by the Fathers Cardinals of this Sacred Congregation, Our Most Holy Lord Pope Pius X, in the audience of the seventh day of the current month, approved all, and ordered the present decree to be issued and promulgated. Moreover he commanded individual Ordinaries that they signify the same decree not only to pastors and clergy, but also to the people, to whom he wished it to be read every year at the time of the Easter precept, in the vernacular language. But the Ordinaries themselves will have to report to the Holy See, after every five years has passed, together with the other affairs of the diocese, also concerning the observance of this decree. - Notwithstanding anything whatever to the contrary." Decr. Quam singulari, S. C. de Sacr. 8 Aug. 1910. - E. M. n. 500.