Chapter — Vermeersch, Theologia Moralis

Chapter II: On the Minister of Holy Communion

385.

I. - General Rules

— 1. "The ordinary minister of Holy Communion is the priest alone" (c. 845, §1). For in itself it belongs to him who consecrates to dispense the consecrated thing. The priest is called the ordinary minister, insofar as the power of order received by him directly regards this ministration of the Most Holy Eucharist.

  1. Yet licit administration requires some pastoral power, or jurisdiction, either proper or delegated, because to feed the sheep, which is done most especially through the sacraments, is proper to the pastor.

From the office itself, this dispensation belongs to Ordinaries, to Superiors of exempt clerical religions, and to those who are pastors or quasi-pastors; then to the confessor of nuns, or to him who takes his place, and to the chaplain of another lay religion (c. 514).

Delegation, however, is conceded by the immediate or mediate pastor, or can be conferred by the law itself. Indeed, because administration is always valid, the law grants the faculty also to him who reasonably presumes it.

  1. By the law itself of the Code, the faculty is granted to every rector of a church, as we indirectly gather from c. 846, §2, which recognizes that rector as the author of the license of dispensing; then to every priest within Mass; indeed, when he is at the altar clothed with sacred ornaments, before and after his Mass, if this is private. Yet the prohibition of the local Ordinary is reserved, who for just causes and in particular cases can forbid the ministration in a private oratory (cc. 846, §1 and 869).

Therefore a bishop or local Ordinary could not by a general decree forbid Communion in private oratories; but just causes must be present for prohibiting Communion either in such an oratory, or on such a day, because of extraordinary circumstances.

The liturgical reason itself persuades that the Communion of the faithful can be joined with every celebration of Mass. About the Mass alone which, from the Code, can be sung in parish and collegiate churches on the night of the Nativity of the Lord, there used to be held a probable exception, which now can safely be denied, after the declaration given to the bishop of Tuguegarao, which appeared in Cultura social, Manila, April 1920, p. 225.

  1. The same law of the Code grants the faculty of distributing Communion even outside Mass to a visiting priest, from the license, either formal or at least presumed, of the rector of the church. I say to a visiting priest: for priests attached to the church are judged to have this habitual license.

Already by the decree of November 28, 1912, of the Sacred Congregation of the Council (Per., VII, 70), by which Pius X removed the prohibition of ministering Holy Communion on Easter day in non-parochial churches, especially regular ones, and while the law of the Code is in force, not even during the paschal time can the Ordinary or pastor authoritatively inhibit Communion joined with Masses. Yet because nothing compels a priest to dispense Communion, Christian charity will sometimes counsel him to obey the pastor who desires to communicate the sheep by his own hand.

  1. What in itself is lawful to every rector of a church is confirmed, in the churches of regulars, by pontifical privileges which, after the decree of Pius X just alleged, hold for every day of the year.

  2. The custom by which, for example in the City, Communion on Thursday in the Supper of the Lord is reserved to parochial churches, since it is opposed to cc. 867 and 869, cannot be preserved unless it has been centenary, and the local Ordinary has judged that it cannot prudently be removed. Yet its observance is inculcated each year by His Eminence the Cardinal Vicar, in the letters concerning Lent.

386.

— The "extraordinary minister is the deacon, with the license of the local Ordinary or of the pastor, to be conceded for a grave cause, which in a case of necessity is legitimately presumed" (c. 845, §2). Therefore not every priest, but only he who enjoys the ordinary power of dispensing the Eucharist (cf. n. 385, 2), can give this license to a deacon. In a church, therefore, that is non-parochial and merely secular, the license of the rector does not suffice. But if the pastor cannot conveniently be approached, his license can be presumed, provided a sufficiently urgent cause is added. A grave cause, however, must be judged similar to that which suffices for baptism to be conferred by a deacon (cf. n. 238). This will be, for example, if otherwise several faithful must wait long for the occasion of Communion: which word "long," with attention to the quality of the faithful and the very hour at which they ask, is to be weighed relatively. Augustine, on this canon, too severely requires the necessity of Viaticum or of paschal Communion in order that the license be presumed (cf. Cappello, I, 330).

A deacon unduly ministering Holy Communion, or a pastor unduly committing the matter to a deacon, in itself sins gravely, since they violate in a notable matter the rules of the hierarchy of order. Yet the deacon does not thereby become irregular, because he is the extraordinary minister of the Most Holy Eucharist, so that he does not usurp an order not his own (cf. Cappello, I, n. 332).

In a case of extreme necessity, or of a public reason, as if Catholics, especially priests, unjustly detained in prison and liable to graver penalties, must be refreshed by the sacred banquet, anyone, even a layperson, will be able, scandal being excluded, to communicate both others and himself (cf. response of the Sacred Congregation of Propaganda Fide, July 21, 1841, Coll., n. 928). Then this prevails: the sacraments are for men. But, if it can be done, those laypersons or inferior clerics will have to conduct themselves according to the instructions of the Ordinary or pastor.

Laypersons or inferior clerics unduly ministering the Holy Eucharist become irregular, from c. 985, 7.

Where another priest is lacking, a priest will more easily be able, the wonder of the faithful being removed, to communicate himself, when he cannot perform sacred things, even from devotion alone. And rather than commit this to a deacon, let him communicate himself. Nor do we think this to be grave, if it has been done unduly.

387.

II. - Carrying Communion to the Sick

— Concerning Communion to be carried to the sick, the Code has these things.

  1. It is to be carried publicly, unless a just and reasonable cause suggests otherwise (c. 847).

  2. The public carrying to the sick pertains, as a right and office, to the pastor of the territory, so that others cannot do this except in a case of necessity or with the license, at least presumed, of the pastor or Ordinary (c. 848).

  3. Private carrying is permitted to any priest, with the permission, at least presumed, not now of the pastor alone, but of some priest to whom the custody of the Most Holy Eucharist has been committed. But the norms prescribed by the Holy See concerning the rite then to be used must be observed accurately.

  4. Yet the carrying of Holy Communion in the manner of Viaticum is reserved to the pastor of the territory in which the sick person lies, unless it concerns a bishop, to whom the canons, according to the order of precedence, must minister the sacraments of the sick (c. 397, 3°); or a professed religious, novice, or another person who, because of service, education, hospitality, or infirm health, dwells day and night in the house of a clerical religion: for then it is the right and office of the religious Superiors (c. 514, §1); or a house of nuns, even where solemn vows have been suppressed: for then it pertains to the ordinary confessor, or to him who takes his place (c. 514, §2); or even another lay religion, for which the Ordinary has substituted a chaplain for the pastor (c. 514, §3).

But it is clear that the same ministration is lawful to another priest in a case of necessity, or with the license, at least presumed, of him whose right and office it is.

Concerning these norms, these few things must be observed:

a) A reasonable cause for carrying the Eucharist secretly to a sick person can be varied and from a diverse source: danger of public irreverence, in places of non-Catholics or in cities where not a few are contemners of religion; opposition of the family of the sick person, which fears, for example, lest, if it becomes known that there is a sick person in the house of business, it may be abandoned by customers or less frequented; the timidity of the sick person himself, and much more fear lest he come into suspicion of a previous sacrilege; inconveniences of too frequent public carrying; refusal of public carrying made by the pastor, as if he has determined, even with the Ordinary approving, that Holy Communion is to be carried openly to the sick only twice or three times in the week. For it is consonant with the present discipline that the use of daily Communion be preferred to public carrying by which the former is impeded. Moreover, the judge of a reasonable cause is not only the Ordinary or pastor, but also, and indeed in the first place, the confessor, spiritual father, indeed any priest to whom it is lawful to minister Holy Communion. Yet one must act prudently and peaceably; wherefore, unless the law of secrecy is an obstacle, priests should act according to the direction of their Superior. He, however, in turn must compose matters according to the norms of the Holy See; nor can he prefer the discipline of public carrying to such a degree that therefore the sick can now be refreshed by the sacred banquet only once or twice in the week.

b) Observe, concerning public carrying itself, that cases can occur where a license denied by the pastor is reasonably presumed by the will of the Ordinary.

c) When the Most Holy Eucharist is carried secretly, the license of any rector of a church or custodian of the Most Holy Eucharist suffices, because this administration is assimilated to administration which is done in a church. But the Ordinary cannot take away or restrict a faculty made by the law itself. Wherefore statutes are no longer to be consulted to see whether others besides pastors can use that faculty or not.

The norms of the Holy See are contained in the rite proposed by Benedict XIV: "The priest should always have the stole covered by his own garments; he should put the pyx away in a little bag or burse, which, hung from the neck by cords, he should place in his bosom; and he should never proceed alone, but should be accompanied by at least one faithful person, in default of a cleric." Yet the last rubric is neglected in more than one place, and not rarely in the City itself. This indeed is little to be praised; nevertheless no one ought, with some inconvenience, to depart from a received manner, if he is ready to obey Superiors who urge the law.

d) Viaticum, strictly accepted, is the Communion which in grave danger of death is to be made by divine and ecclesiastical precept. Accepted more broadly, it is the Communion which a sick person dangerously lying ill makes from devotion, especially not fasting (cc. 864 and 858). Lest, against the mind of the Code, we make more difficult the sacramental refreshment of those who have greater need of it, we understand the Viaticum whose ministration is reserved to the pastor or others of Viaticum strictly accepted, or prescribed. Wherefore it will be lawful for another priest to bring Communion to a sick person who is not fasting, after the pastor has ministered the necessary Viaticum. And because there is no obligation that, when danger arises, Viaticum be received immediately, we shall permit the same before that ministration, provided that at an opportune time the proper pastor is called for administering the sacraments which are called the last. And unless you concede this, it will happen very often, because of prejudices and fears of soul, that those lying dangerously ill remain long deprived, in their greater necessity, of so great a help of heavenly food.

N. B. By the Code the excommunication formerly imposed against regulars who, the due license having been omitted, ministered Viaticum to seculars has been removed.

388.

Summary

— I. The ordinary minister, or he who has full power of order for this, is the priest. Licit dispensation of Communion pertains to the Ordinary, to pastors or quasi-pastors; to those whom they or the law itself delegate; and to those who reasonably presume the faculty. The law grants the faculty to every rector of a church; to every celebrant within Mass, indeed immediately before or after a private sacred action, if he is or has remained prepared for Mass.

The extraordinary minister is the deacon, with the license of the local Ordinary or pastor. The concession requires a grave cause, as if otherwise several faithful would have to wait long for the occasion of Communion; and in a case of necessity the faculty can legitimately be presumed.

In a case of extreme necessity, a layperson can communicate himself and others. It will be much more easily lawful for a priest to communicate himself by his own hand.

II. In itself the carrying to the sick must be public; and then it belongs to the pastor or Ordinary of the territory. Private carrying, the rite being observed, for a reasonable cause, which the priest himself can prudently judge, is permitted with the permission at least presumed of the priest who keeps the Most Holy Eucharist. Prescribed Viaticum, except in necessity or with license obtained, is reserved to the pastor; to the religious Superior for subjects and for those who dwell day and night in the house of a clerical religion; to the ordinary confessor or him who takes his place, for nuns; and to the chaplain whom the Ordinary has substituted for the pastor for other religious.