Morals of the Church
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point — Wouters, Manual of Moral Theology

Point II. On Local Sacrilege

615.

I. Sacred places are those which are deputed to divine worship or to the burial of the faithful by the consecration or blessing which the approved liturgical books prescribe for this (can. 1154). Moreover:

  1. To this belong: 1. churches; 2. public oratories; 3. semi-public oratories blessed in the manner of churches; 4. cemeteries. But a sacred place, at least insofar as there is question of local sacrilege, should be taken strictly, that is, with the atrium, tower, sacristy and other annexed rooms, roof, upper part of the inner vault, and crypt beneath the pavement excluded.

  2. To this do not belong: 1. semi-public oratories which have not been blessed in the manner of churches; 2. private or domestic oratories.

Local sacrilege

616.

II. Local sacrilege is committed:

  1. By violating a church, public oratory, or cemetery in such a way that they need reconciliation. But the violation of which we speak is done through the acts to be enumerated below, provided they are certain, notorious, and placed in the sacred place itself (can. 1172, § 1). They must be notorious, that is, either publicly perpetrated or afterwards made public. It does not suffice that they be known to a few, say three or four, even if they can be juridically proved (VI, 364). They must be placed in the sacred place itself, strictly taken. But the acts, according to the cited canon, are:

a) Homicide mortally evil. Here, however, with respect to place, note that it suffices, but is also required, that the crime be committed against a man existing in the sacred place. Therefore it does not suffice that the killer, existing in the sacred place, kill someone standing outside the sacred place; but it does suffice that one standing outside the sacred place kill another existing in the sacred place. Yet it is not required that death itself follow in the sacred place (St. Alphonsus, VI, 364).

b) A notable and gravely culpable shedding of blood. Here, however, as was said about homicide, it again suffices, but is also required, that the crime be perpetrated against a man standing in the church (St. Alphonsus, VI, 365).

c) An impious or sordid use, for example if heretical worship is exercised in the sacred place, or if it is turned into a stable (St. Alphonsus, III, 37).

d) Burial either of an infidel or of an excommunicated person after a declaratory or condemnatory sentence, with the exception, according to many, of catechumens and of an infant whose parents, or at least one of them, is a member of the faithful (St. Alphonsus, VI, 366).

Note. When a church has been violated, the cemetery is not therefore judged violated, even if contiguous, and conversely (can. 1172, § 2).1

  1. By violating the right of asylum, which belongs to a church (can. 1179) and to a public oratory (can. 1191, § 1). The right of asylum consists in this, that accused persons who have fled to a church or public oratory are not to be removed from it, unless necessity urges, without the consent of the Ordinary, or at least of the rector of the church or public oratory (cited canon).

  2. By breaking into or setting fire to a church, public oratory, or semi-public oratory blessed in the manner of churches.

  3. By stealing from a church, public oratory, or semi-public oratory blessed in the manner of churches, a thing which has been entrusted to its custody or loaned for its use (St. Alphonsus, III, 39).

  4. By exercising in a church, public oratory, or semi-public oratory blessed in the manner of churches, profane acts which are repugnant to the holiness of the place (cf. can. 1178). Such are banquets, profane games, trading, and fairs (cf. cited canon); likewise walking about during the divine offices, which nevertheless do not easily become mortal (St. Alphonsus, III, 36, 37; cf. St. Thomas, on 1 Cor., ch. 11, lect. 4).

  5. By committing in a church, public oratory, or semi-public oratory blessed in the manner of churches, sinful acts which are gravely repugnant to the holiness of the place; such are, for example, a notable and gravely culpable shedding of blood, even if hidden; likewise acts of lust, concerning which more fully in the treatise on chastity.2

Note 1. All external sins are affected with some malice of sacrilege, but commonly only a slight one. But internal sins do not violate the holiness of a place, because they do not affect the place; nevertheless he is guilty of sacrilege who desires an external sacrilegious work, or who delights in a work of this kind as sacrilegious (St. Alphonsus, III, 43).

Note 2. The Sacred Consistorial Congregation decreed that any projections and cinematographic representations whatever are altogether to be prohibited in churches.3

1 The reconciliation of a violated sacred place is discussed in the treatise on the Holy Eucharist. Others judge that local sacrilege is committed only through those acts which require the reconciliation of the place. But since other acts also are highly repugnant to the holiness of the place, the said opinion seems little to be approved.

2 Cf. our little work De virtute castitatis et de vitiis oppositis, p. 32 sq.

3 December 10, 1912 (Acta Apostolicae Sedis, 1912, p. 724).

SacrilegeLocal sacrilege