Article II: On the Required Jurisdiction

1536. Principles. I. ORDINARY jurisdiction of dispensing the Eucharist belongs only to pastors of souls, namely to Bishops in their diocese, pastors in their parish, regular Prelates in their Religion. The reason is that it is proper to pastors to feed, which is done chiefly through the Sacraments.³ Hence, he who dispenses the Eucharist without due permission sins mortally, because he injures the jurisdiction of the legitimate pastor in a grave matter; unless he can reasonably presume his consent.⁴ Wherefore this must be noted: if faculty of celebrating is conceded to someone, by that very fact faculty of ministering the Eucharist is also conceded: for thus common usage bears. But indeed, the consent of the pastor is not easily to be presumed if Communion to be received from obligation is in question.⁵

Moreover, in a case of necessity, namely "if a sick person is to be fortified with sacred Viaticum, and his proper pastor is absent, or being present cannot carry the Eucharist; any other priest, whether regular or secular, and this one lacking, even a deacon, can confer it on him; because then the will of the Bishop or Pope is presumed, even if the pastor refuses, but unjustly."⁶

1537. II. From privilege, REGULARS can in their churches, by themselves or by other priests celebrating there, dispense Communion to any of Christ's faithful, excepting only Easter Communion and Viaticum.⁷ Concerning this, these things have been established:

1. Regulars are prohibited on Easter day⁸ and in some places, for example Rome, also on Thursday in the Supper of the Lord, to dispense Communion to the faithful in their churches, excepting only those to whom it has been conceded to satisfy the Easter precept in these churches (cf. n. 1571). But if in some place contrary custom has been introduced, they can, on Easter day, offer Communion to all the faithful, since custom furnishes jurisdiction.⁹

2. Regulars cannot minister Viaticum except to those who enjoy the privilege of exemption: such are Religious both professed and novices; likewise servants of monasteries, "who actually serve, reside within their enclosures and houses, and live under their obedience."¹⁰ "But Religious presuming to minister the Sacrament of the Eucharist by way of Viaticum to clerics or laymen, outside a case of necessity, without the permission of the pastor," incur excommunication reserved to the Pope (cf. n. 1341).¹¹

1538. Questions. Q. 1. Whether it is licit for Regulars to carry the Eucharist to the sick, for Communion from DEVOTION?

Resp. "Never, without the permission of the Bishop or pastor, is it licit for Religious publicly to carry the Eucharist through streets, since this derogates from the right of pastors obtained by custom." But indeed, on the occasion of a Mass which the Religious legitimately celebrates in the house of the sick person, he can licitly offer Communion to him.¹²

Q. 2. What, for the minister, is the OBLIGATION of ministering the Eucharist?

Resp. Pastors of souls and their coadjutors, or others delegated by them, are held, from justice, to minister Communion not only to the dying, but also to the healthy, whenever they have been reasonably and opportunely required.¹³ When the pastor is lacking, any other priest is held to this from charity, and indeed under grave obligation, if the ministering of Viaticum is in question (cf. n. 2271).

Note. Besides power and jurisdiction, the state of grace and exemption from censure are also required, as was said above (n. 1416).