Confession of Baptized Non-Catholics

We are speaking of baptized non-Catholics who are in good faith, or at least are not certainly in bad faith. Now:

I. Outside danger of death, baptized non-Catholics cannot licitly be absolved. "It is forbidden," thus canon 731, § 2, "to minister the Sacraments of the Church to heretics or schismatics, even those erring in good faith and asking for them, unless first, having rejected their errors, they have been reconciled to the Church."

II. In danger of death. We distinguish between non-Catholics who admit confession and those who reject it.

1. Those who admit confession, as for example schismatics, can be absolved as follows:

a) If they are already deprived of the senses, they can be absolved, according to this response of the Holy Office:¹ "Whether absolution and extreme unction can be conferred on schismatics at the point of death when deprived of the senses? Response: under condition, affirmatively, especially if from the circumstances it may be lawful to conjecture that they at least implicitly reject their errors, scandal nevertheless being effectively removed, namely by making manifest to those standing by that the Church supposes that they returned to unity at the last moment."

b) If they are not deprived of the senses, of themselves they cannot be absolved, because of themselves they must first be taught revealed doctrine and fulfill the obligation of embracing it. Added to this is canon 731, § 2, cited above. They seem, however, scandal being removed, to be able to be absolved as if incidentally, whether, after warning has been given, they are judged to persevere in error in good faith, or whether they are not warned, lest perhaps they be deprived of good faith. For first, it is in no way clear what from the nature of the matter stands in the way of the defended opinion. But a merely positive prohibition, where the salvation of a person placed in danger of death is at issue, should not easily be admitted. Then the Holy Office², to the question "Whether material schismatics who are in good faith can ever be absolved," the Holy Office, I say, responded to that question: "Since scandal cannot be avoided: negatively; except in danger of death; and then, scandal having been effectively removed."

Objection 1. Canon 731, § 2 absolutely forbids administering the sacraments to schismatics unless first, having rejected their errors, they have been reconciled to the Church; therefore neither in danger of death is it licit.

Response. A priori it is difficult to admit that the canon cannot be combined with the response of the Holy Office. And in fact the canon can well be understood in such a way that it establishes what ought of itself to be done, which does not prevent departure from the rule on account of a very grave cause; and such a cause is certainly present in the case posited.

Objection 2. The Holy Office, on May 17, 1916, to question II, "Whether the sacraments of either absolution or extreme unction can be conferred on material schismatics placed at the point of death, asking for them in good faith, without abjuration of errors," responded: "Negatively, but it is required that, in the best manner possible, they reject their errors and make a profession of faith."³ Therefore schismatics, at least before they are deprived of the senses, cannot be absolved.

Response. Again, a priori it is difficult to admit that this response cannot be combined with the response of July 20, 1898. And indeed the response can be understood in such a way that schismatics of themselves cannot be absolved unless they reject their errors and make a profession of faith. Indeed the Holy Office, by adding that these things are to be performed "in the best manner possible," perhaps hints that an explicit rejection of errors and profession of faith is not always to be urged.

2. Those who reject confession should not be absolved. Nevertheless, I would not condemn one who conditionally absolves them after they have been incited to penance, according to what was said in n. 41; yet proceed prudently, and especially endeavor to bring them to perfect contrition.

Corollary I. In doubt whether a dying non-Catholic, deprived of the senses, admits confession, he can be absolved under condition.

Corollary II. One who assists a dying non-Catholic should not omit to bring him to perfect contrition and to an act of charity with the other preliminary acts, so that he may be saved more securely.

¹ May 17, 1916, to 2 (in Theol.-prakt. Quartalschrift, 1916, p. 692-695).

² July 20, 1898 (Collectanea, n. 2012).

³ In Theol.-prakt. Quartalschrift, 1916, p. 692-695.

1832. I. A heretic, converted to the Catholic faith, when he first presents himself to the confessor, is to be received kindly and greatly helped in the examination of conscience, from which excessive rigor is to be excluded. - He is to be asked how many years he lived in his sect while doubting concerning its truth, and whether he contemned or neglected to inquire concerning the true religion, and for how long.

If he was only a material heretic, any confessor can absolve him without a special faculty; likewise, if he was formally a heretic, but ignorant of the excommunication attached to formal heresy; for excommunication is not incurred by one who is ignorant of it. - But if even a slight doubt concerning an incurred excommunication should arise, he is to be absolved under condition, and with the profession of faith having first been made. Wherefore the confessor would act inconsiderately if, when about to reconcile a heretic, he did not beforehand procure for himself a special faculty, which he could easily need (cf. n. 443).

The exhortations should allude especially to those dogmas concerning which the newly converted man previously did not think rightly. - A penance which does not frighten him away is to be imposed upon him. - Recall what was said at n. 1479 as to Baptism, and at n. 1655 as to the obligation of confession.

1833. II. In reconciling heretics, according to the diversity of cases, a THREEFOLD MODE OF PROCEEDING is distinguished: 1. If the previous Baptism has been judged certainly valid, "only the abjuration, or profession of faith, is received, which absolution from censures follows." Thus the S. C. of the Holy Office, on July 20, 1859.¹ 2. If the nullity of the previous Baptism is established, Baptism is conferred absolutely, nor does any abjuration or absolution follow, because the Sacrament of regeneration washes away all things. 3. If Baptism is to be repeated under condition, the following order is to be observed: 1) Let the abjuration, or profession of faith, be made before two witnesses, according to the form prescribed by Pius IV, and more recently by Pius IX, with some addition.² 2) Let conditional Baptism follow. 3) Let conditional absolution from censure be imparted. 4) Let sacramental confession be made, with absolution from sins likewise conditional.

Note. - Those who must be baptized under condition "can, for the greater ease of the ecclesiastical function, first be heard sacramentally as to the accusation of their faults. Then, after the conferral of Baptism under condition, the confessor, again taking up summarily with the penitent those things concerning which he has already made accusation, is to absolve him sacramentally, likewise under condition." (S. OFFIC., November 1, 1875).³

1834. III. If an acatholic, in the article of death, wishes to return to the Catholic faith, he must emit a profession of Faith before two witnesses, at least as to those things which must be believed explicitly by necessity of means and of precept. And this act of conversion is immediately to be described in a public instrument, so that in this way all cavils of adversaries may be forestalled. - After this the dying man is to be duly disposed by acts of faith, hope, charity, sorrow, and purpose; then, confession having been made, he is to be absolved from excommunication and from sins, and lastly refreshed with the Most Holy Viaticum and Extreme Unction.⁴