§ I. On the Obligation of Ministering Sacraments

1225. Principles. - I. Those who have the care of souls are held under grave obligation from justice to minister the Sacraments to their subjects reasonably asking. For by taking up the care of souls they have obliged themselves to this by a tacit contract entered into with the subjects, from whom they receive support or at least honor.

Therefore they are held if the common precept of receiving them urges, or if the private necessity or utility of the one asking demands the administration, for example, if the one asking foresees some danger, or is placed in temptation and needs the grace of the Sacrament, or if he wishes to exercise a devotion suitable to his state, or to gain an Indulgence, etc.

II. Others not having the care of souls are not held to minister Sacraments from justice; yet sometimes they are held from charity, namely in a grave necessity of the neighbor.¹

1226. Questions. - Query 1° Who are considered to have the care of souls?

Resp. All those who from office, or by a special title of spiritual jurisdiction or delegation, ought to feed or care for some part of the fold of Christ. Therefore such are Bishops, Pastors, and whoever have subsidiary care of souls from a commission or public office, as among us are quasi-pastors and their coadjutors. Likewise, with respect to Regulars, their own Prelates or Superiors.²

Query 2° Which Sacraments are to be ministered in necessity, even with danger of death, whether by those having the care of souls or by others?

Resp. 1° Those who do not bear the care of souls certainly are held only to minister the Sacraments absolutely necessary for salvation, namely Baptism and Penance, or Extreme Unction when someone can in no way confess, and is more probably known to be in mortal sin. The reason is, because they are held only from charity alone to assist the neighbor in the gravest danger of salvation. But only the aforesaid Sacraments are necessary for salvation. Therefore, etc. - Thus most commonly theologians with St. Alphonsus.³

Resp. 2° Even those bearing the care of souls are very probably held to minister only the aforesaid Sacraments with any danger whatsoever. The reason is, because the other Sacraments are not of such necessity that one is held to confer them with grave danger of life. - Thus St. Alphonsus,⁴ relying on the Declaration of Gregory XIII (12 Oct. 1576), and the Declaration of the S. C. C. approved by the same Pontiff. (O) p. 399. Nevertheless those who bear the care of souls are held to expose life not only in extreme necessity, but also in grave necessity, while other Ministers are obliged to this only in extreme necessity.⁵ Cf. the things said at n. 279. 3rd Rule.

Query 3° Is one held to expose life for ministering the aforesaid Sacraments with probability only of success or of necessity?

Resp. It seems it must be denied, because it is too hard to exact so heroic an act for aiding the neighbor, unless there is morally certain hope of success and the necessity is sufficiently certain. Hence you are not held to expose life in order to baptize or absolve someone, if you probably must perish before you can fulfill this, or if you legitimately presume that he is baptized, or is not placed in the state of mortal sin, or even that he can easily assist himself by an act of perfect contrition.¹ Cf. n. 279. 2nd Rule.

1227. Resolves. - 1° Those having the care of souls sin gravely not only if they deny their ministry without reason, but also if they often show themselves morose and difficult; because thus they deter the faithful from the Sacraments, and the matter falls back to the same as if they denied the Sacraments.

2° Nevertheless it is not mortal to deny the Sacrament of Penance or of the Eucharist to one or another, or to the same person once or twice, asking without necessity; because the harm can easily be repaired, nor is the subject therefore judged to be gravely unwilling. Yet Confession is rarely deferred for men, especially those rarely confessing, particularly today, without grave danger to the soul.

3° If subjects ask irrationally, there is no sin. Hence the pastor is not held daily to spend time with a scrupulous person or little devout souls, nor is this expedient for them.

4° If the pastor has suitable coadjutors, he will not be held so rigorously to receive the Confessions of his subjects; yet he ought to satisfy the faithful who request him by name, unless either he is impeded, or the penitents are readily going to approach another confessor.

5° Generally speaking, those bearing the care of souls sin gravely who do not wish to receive the Confessions of their subjects except on a few determined days within the month; because they are the cause that the faithful remain long in the state of sin and are kept away from receiving the Sacraments.¹

See more where the individual Sacraments are treated; and recall the things said concerning the office of Pastors in the Treatise on States, n. 1141. IV.