The Duty of Administering the Sacraments

All who have the cure of souls are bound in justice and in charity to administer the sacraments to the members of their flock when these need them or ask for them reasonably. The obligation is principally one of justice, and it arises from the implicit contract which those who have the cure of souls enter into on assumption of office. The obligation is a grave one if the subject is in extreme or grave necessity, and even when there is no grave necessity one who has the cure of souls would commit serious sin if he frequently refused the sacraments to those who ask for them reasonably. An occasional refusal in such cases would not be a grievous sin, as although the spiritual good of which they are unjustly deprived is considerable, yet the loss can without much inconvenience be made good at another time.

The obligation of justice is so strict that those who have the cure of souls are bound even at the risk of life to administer the sacraments to their flock in extreme or in grave necessity. This obligation, however, only extends to those sacraments which are necessary for salvation, such as Baptism and Penance; it does not extend to those which are not necessary, not even to the holy Eucharist, according to a very probable opinion. Mortal sin will be committed not only by frequent refusal of the sacraments to those who ask for them in a reasonable manner, but also by making one’s self difficult to approach and by an ungracious manner of yielding to reasonable requests, inasmuch as such methods deter the faithful from exercising their just rights.

Ministers of the sacraments who have not the cure of souls are bound in charity to administer the sacraments to such as are in extreme or grave spiritual necessity. This obligation is less strict than that which lies on those who have the cure of souls, so that those who have no such cure will only be bound at the risk of life to administer the sacraments which are necessary for salvation to those who are in extreme necessity. But in order that this grave obligation of charity may exist there must be moral certainty that the person in question is in extreme spiritual necessity, or in other words, that he is in proximate danger of damnation unless the sacraments be administered. There must also be a reasonable certainty that the attempt to administer the sacraments will be successful; it would be hard if a minister of the sacraments were bound to imperil his life for a mere probability of being able to help another in spiritual distress. Furthermore, before so grave an obligation can be imposed on anyone it must be morally certain that he who is in spiritual necessity is unable to help himself by making an act of contrition for his sins or of perfect love of God, and that there is no one else who is able and willing to succour him in his necessity. As all these conditions are seldom verified in any concrete case, it is apparent that those who have not the cure of souls will seldom be under a grave obligation of administering the sacraments to those who are in extreme necessity at the risk of life.

I. Bishops and pastors are bound in this way:

1. They must, by justice, minister the sacraments to their subjects; and indeed not only in true necessity, but as often as they reasonably ask for this. They are bound by justice because, in accepting their office, they entered into a tacit contract. There is added the reason of salary or honorable support accruing to them by reason of their office (St. Alphonsus, VI, 58; cf. vol. I, n. 572; canons 464, § 1; 467, § 1; 785; 892, § 1; 939).

2. The aforesaid obligation is grave by its genus, namely so that they would sin gravely: 1. if they did not aid a subject constituted in grave or extreme necessity; 2. if by custom they showed themselves difficult or slow, for example if they heard confessions only on a few days in the month, or assigned notably inconvenient times for the distribution of the Holy Eucharist.

3. If the necessity is grave or extreme, grave inconvenience does not excuse, indeed not even danger on the way (cf. vol. I, n. 572). Nevertheless, concerning the obligation of ministering the sacraments with danger to life, let these things be noted:

a) The obligation regards only the sacraments necessary for salvation according to the circumstances, namely Baptism, Penance, and, if the sick person were deprived of the senses before he could have been absolved, Extreme Unction.

b) In order that the said obligation exist, it is required: 1. that there be no other who will certainly minister the sacraments; 2. that there be hope of fruit; 3. that from the sacrament ministered with danger to life there not threaten a greater harm, for example a common harm or the harm of many for whom the minister is necessary.

Corollary I. Pastors can provide many things through others, unless nevertheless they are requested by name. Bishops, however, can, at least today, fulfill ordinary offices entirely through others.

Corollary II. Benedict XIV concludes from rescripts of the Sacred Congregation of the Council that a pastor cannot withdraw in time of plague, even if he leaves behind a suitable vicar; nevertheless he can reserve to himself the care of the healthy if the vicar is ready to provide for the sick, lest the healthy, from fear of infection, flee both of them.¹ The same Sacred Congregation declared that this prohibition has much more force for Bishops.² Moreover, the things said about time of plague are certainly to be applied generally to a time of common danger, such as war or any contagious disease. Finally, pastors and bishops in a time of common danger cannot resign unless someone else can be substituted into their office.

¹ De Synodo dioecesana, book 13, chapter 19, n. 2.

² 18 December 1576.

II. Assistants who by reason of office supply the place of the pastor are held by almost the same obligation as pastors (cf. can. 476, § 6).

III. Other priests are obliged by charity alone (cf. can. 892, § 2; 939). They are bound under grave obligation if their neighbor is in extreme or grave necessity. If there is question of grave necessity, grave inconvenience excuses. If there is discussion of extreme necessity, or of grave common necessity, not even danger of life excuses. But concerning the obligation of ministering the sacraments with danger to life, let the things noted above concerning it be noted (St. Alphonsus, VI, 624; II, 27; Homo Apostolicus, tract 4, n. 14; tract 16, n. 125).

Corollary. If the people, because of a scarcity of ministers, are in grave necessity, a simple priest cannot abstain from hearing confessions and administering the Holy Eucharist; and if he is not suitable for hearing confessions, he is bound, if he can, to render himself suitable (St. Alphonsus, VI, 625).

IV. Superiors of religious, toward their subjects, are held by an equally grave obligation as pastors (cf. can. 514, § 1); nevertheless practically they are not held by justice, because there is no established tacit contract, nor is a salary assigned. There is added an obligation of religion, because superiors seem to be obliged from this motive.

Duties of Adult Recipients of Baptism or of Those Who Have the Use of Reason.—(a) Before Baptism.—An unbaptized person who has faith and who sees the necessity of Baptism, is gravely obliged to ask for Baptism at once, if he is in danger of death, or as soon as he conveniently can, if he is not in danger of death; for since Baptism is the divinely appointed means of entering the Church and of sharing in its privileges, he who would delay it unduly would disobey an important command of God and would be seriously neglectful of his own salvation. For a sufficient reason, however (e.g., for the sake of instruction or probation, or to avoid persecution), Baptism may be delayed even for years; but the catechumen should then make at once an act of contrition or charity so as to obtain the benefit of Baptism of desire. Converts should prepare for Baptism by taking a course of instructions, or, when there is danger of death, a summary instruction (791 sqq.).

(b) At Baptism.—The internal dispositions include, besides intention, faith and repentance: “He that believeth and is baptized shall be saved” (Mark, xvi. 16); “Do penance and be baptized” (Acts, ii. 38). There must be an explicit faith in the four chief mysteries (see 789). In this country converts who are being baptized conditionally make an abjuration and profession of faith before Baptism, and go to confession and receive conditional absolution after Baptism. The Code recommends that those who are well receive Baptism fasting; and that, unless grave reason excuses, the neophyte assist at Mass and receive Communion after his Baptism (Canon 753).

(c) After Baptism.—Since Baptism makes one a member of the Church, those who receive it are subject to church laws. The promises made in Baptism are not strictly vows, but an engagement of loyalty to the faith and the commandments (see 2191).

Duties of the Pastor in Reference to Confirmation.—(a) The pastor should instruct his people on the nature and advantages of Confirmation and should see to it that they receive the Sacrament in due time (Canon 787). He should also instruct his parishioners about the terms of Spiritus Sanctus. His power as extraordinary minister imposes an obligation per se grave to use it when the cases arise; excusing causes, however, are possible, and neglect in a single case would be only venial. At appointed times each year he should hold a continuous course of instructions over a period of several days in order to prepare the classes of children for the proper reception of Confirmation (Canon 1300).

(b) The pastor should see that the Confirmations of his parishioners are entered in a special book of record, and should also note in the baptismal register the fact of Confirmation (Canons 798, 470, n. 2).

What about the obligation of ministering the sacraments? - Those having care of souls are bound under grave obligation from justice to minister the sacraments to their subjects reasonably asking for them. For by undertaking the care of souls they have obligated themselves to this, by a tacit contract entered into with their subjects, from whom they receive support or at least honor. - Therefore they are bound if the common precept of receiving them presses, or if the private necessity or utility of the petitioner requires administration, e.g., if the petitioner foresees some danger, or is in temptation and needs the grace of the sacrament, or if he wishes to exercise devotion suitable to his state, or to gain an Indulgence, etc. - Others, not having care of souls, are not bound to minister the sacraments from justice; yet sometimes they are bound from charity, namely in grave necessity of a neighbor; but without grave proportionate inconvenience of their own. - L. 58, 623, 728, 729.

Who are here judged to have care of souls? - All those who by office, or by a special title of spiritual jurisdiction or delegation, must feed or care for some part of Christ's fold. Therefore such are bishops, pastors, and whoever have a subsidiary care of souls by commission or public function, as are coadjutors or vicars of pastors, chaplains of soldiers, hospitals, etc. Likewise with respect to religious, their own prelates or superiors; with respect to nuns, their chaplains or confessors. L. 58.

Which sacraments are to be ministered in necessity, even with danger of death, whether by those having care of souls or by others? - Those who do not bear care of souls are certainly bound only to minister the sacraments absolutely necessary for salvation, namely baptism and penance, or extreme unction when someone can in no way confess. The reason is that they are bound only from charity alone to aid their neighbor in a most grave danger to salvation. But only the aforesaid sacraments are necessary for salvation. Even those bearing care of souls are, much more probably, bound to minister only the aforesaid sacraments with any danger. The reason is that the other sacraments are not of such necessity that anyone is bound to confer them with grave danger to life. Thus L. 233, 729, relying on the Declaration of Gregory XIII, Oct. 12, 1576, and likewise on the Declaration of the Sacred Congregation of the Council approved by the same Pontiff.

Suarez, on the contrary, affirms that by force of their office they are bound also to minister the Eucharist, which, although not absolutely necessary, nevertheless is very profitable; and it would be a great scandal to the people if a pastor allowed his parishioners to die without viaticum. And several synods have embraced this opinion, and most recently also the Plenary Council of Latin America n. 531. But Benedict XIV, de Syn. l. 13, c. 19, n. 7, 10, calls into doubt the Declaration of Gregory XIII and of the Sacred Congregation of the Council. For the rest, those who bear care of souls are bound to expose their life not only in extreme necessity, but also in grave necessity, while other ministers are obligated to this only in extreme necessity. La Croix l. 3, p. 1, n. 755 seq. - L. 58, 624; l. 2, n. 27; l. 3, n. 389; St. Thomas 2.2, q. 26, a. 5. Cf. 90.

Is someone who is not a pastor bound to expose his life for ministering the aforesaid sacraments with only probability of success or necessity? - The first opinion affirms this "from the law of charity, which obliges one, in equal danger, to expose temporal life in order to save the spiritual life of one's neighbor." L. 624. The second opinion denies it, because it is too hard to require so heroic an act for aiding one's neighbor, unless moral certitude is present either of success or of necessity. Hence you are not bound certainly to expose your life in order to baptize or absolve someone, if you probably must perish before you can fulfill it, or if you probably presume that he has been baptized, or is not in the state of mortal sin, or also can easily help himself through an act of perfect contrition. St. Liguori 624 says that the first opinion pleases him more; adding: "yet if the priest does not know that he is in mortal sin, he is not bound to absolve with danger of life." But l. 2, n. 27, he seems to adhere to the later opinion; and l. 6, n. 728, he seems to require a greater probability for the necessity of the neighbor.

You will resolve: Those having care of souls sin gravely, not only if without reason they deny their ministry, but also if they often show themselves slow and difficult; because in this way they deter the faithful from the sacraments, and the matter comes to the same as if they denied the sacraments. - Yet it is not mortal, to one or another or to the same person once or again, asking apart from necessity, to deny the sacrament of penance or the Eucharist; because the harm can easily be repaired, nor is the subject therefore judged to be gravely unwilling. If subjects ask irrationally, there is no sin. Hence a pastor is not bound daily to spend time with a scrupulous person or with devout little persons, since such frequent Confession is not expedient for them, nor do they themselves have a strict right to such frequent absolution.

If the pastor has suitable vicars, he will not be bound so rigorously to receive the Confessions of subjects; nevertheless he must satisfy the faithful expressly requiring him by name, unless either he is impeded, or the penitents are willingly about to approach another confessor. Generally speaking, those bearing care of souls sin gravely who are unwilling to receive the Confession of subjects except on a few determined days within the month; because they are the cause why the faithful remain long in the state of sin and are kept away from receiving the sacraments. - L. 58.

1º As to the obligation of ministering the Sacraments; 2º as to the obligation of sometimes denying them; 3º as to the manner of conferring them.

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

Therefore they are held if the common precept of receiving those Sacraments urges, or if the private necessity or utility of the one asking demands administration, for example if the one asking foresees some danger, or is involved 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. - Scavini.

II. Others not having care of souls are not held to minister the Sacraments from justice; nevertheless sometimes they are held from charity, namely in grave necessity of neighbor. - St. Ligorius, n. 58.

217. General principle. - The Minister is held under grave obligation, speaking per se, to deny the Sacraments to the unworthy, because natural law obliges a dispenser to dispense the goods of the Lord faithfully and according to His will; but the certain will of Christ is that the Sacraments not be conferred on the unworthy, according to that saying of Matthew 7:6: Do not give what is holy to dogs, nor cast your pearls before swine.

The obligation of administering the sacraments arises a) from justice or b) from charity.

72. Principle 1. Those upon whom the care of souls is incumbent by reason of office are bound from justice to administer the sacraments to their subjects who reasonably request them.

The reason is that, by undertaking their office, these pastors entered into a quasi-contract diligently to procure the spiritual salvation of their subjects. Now, the sacraments are most excellent and necessary means for obtaining spiritual salvation. By office, the duty of the care of souls with respect to their own subjects is incumbent upon bishops and other Ordinaries, pastors, vice-pastors, and clerical superiors of religious, but not upon simple priests or even, at least ordinarily, assistant pastors. But it is said: who reasonably request them. For whenever a certainly graver inconvenience arises for pastors of souls from administering a sacrament than arises for the faithful from its denial, there is then no obligation, at least no grave obligation, to acquiesce in the petition of the faithful. Otherwise, there is an obligation to administer the sacraments, which is the graver according as the harm arising for the faithful from the sacraments being denied is graver. If these things are kept before the eyes as a general rule, the following are easily understood.

73. Resolutions:

1. A pastor of souls does not sin if he sometimes denies the sacrament of penance to scrupulous persons and to others who request it importunately. The reason is that either no spiritual harm or only a slight one befalls those requesting from this denial; but a great inconvenience would arise for the pastor if he always had to acquiesce in petitions of this kind that have little foundation.

2. A pastor of souls sins who shows himself morose and difficult in administering the sacraments; who does not willingly visit the sick in order to administer the sacraments to them; who is altogether unwilling to hear confessions except on fixed days, for example, on Saturdays and vigils before feasts. The reason is that the faithful can reasonably be displeased with such modes of acting. There is added the fact that zeal in receiving the sacraments then gradually vanishes, with great harm to the faithful.

3. A pastor of souls does not sin if he administers the sacraments not by himself but through suitable vicars, provided, however, that no scandal arises therefrom and that at least the tacit consent of the superior is present. The reason is evident, because then no spiritual harm befalls the faithful.

4. A pastor of souls is bound, even with danger to life or other great temporal inconveniences, to administer the sacraments to the faithful who are situated in extreme spiritual necessity. For example, during a plague or another contagious disease he is bound to administer the sacrament of baptism or penance even with danger to life, according to the saying: "The good shepherd gives his life for his sheep."²⁷⁹ The same holds concerning the administration of extreme unction, if, however, the sick person certainly cannot receive the sacrament of penance.

5. Authors sharply dispute whether, in the same circumstances, a pastor is bound to administer Viaticum with danger to life. The affirmative opinion is truer, at least in practice, whatever may be said concerning the theoretical probability of the negative opinion. For the faithful would be gravely scandalized if, during a contagious disease, the pastor were unwilling to administer Viaticum to the dying. On October 26, 1576, Gregory XIII replied by rescript that a pastor is absolutely bound to administer baptism and penance; and thus he modified a decision of the Sacred Congregation of the Council issued fifteen days earlier, in which it was determined that during a plague pastors were bound to minister to their parishioners suffering from the plague only the two sacraments necessary for salvation, namely, baptism and penance.²⁸⁰

6. During a plague or another contagious disease a pastor can and must employ suitable precautions lest he himself be infected by the disease, for example, by giving Communion by means of a gilded spoon or by performing the anointings by means of a rod at the end of which there is a little cotton. Benedict XIV permitted this by a decree of the Holy Office on June 11, 1754, but he earnestly exhorted the Apostolic Vicar of Algeria to procure the administration of the Eucharist and extreme unction during the plague.²⁸¹ Lehmkuhl²⁸² rightly writes: "Excessive fear and excessive caution, whether on the part of the pastor or of other priests, is truly reprehensible, since the faithful, seeing so great a fear, will receive scandal rather than edification. Trust in God and remedies employed with sober prudence will sufficiently remove the danger. St. Charles Borromeo gave an altogether heroic example of charity when, himself the Archbishop of Milan, during the plague he took the lead in ministering the sacraments, and indeed approached the sick lying in hospitals so that he might confer not only the necessary sacraments but even confirmation itself."

²⁷⁹ John 10:11.

²⁸⁰ Cf. St. Alphonsus, Theol. mor., l. 6, n. 233. Benedict XIV treats this controversy at length, De syn. dioec., l. 13, c. 19.

²⁸¹ Collect. de Prop. Fide, n. 596, note.

²⁸² Theol. mor. II, n. 51.

74. Principle 2. Those who by reason of office are not pastors of souls are bound from charity to administer the sacraments to those reasonably requesting them; and this obligation is grave if grave scandal or great spiritual harm for the faithful arises from the administration being denied.

It is self-evident that priests who are not pastors of souls by office are not bound to administer the sacraments as strictly as pastors are. Nevertheless, the avoidance of scandal or the order of charity can also impose this obligation upon them. And first, scandal must be avoided; for no slight scandal arises if a priest refuses a sacrament to one reasonably requesting it; for example, if a confessor sitting in the confessional were to refuse to hear the confession of a poor man while admitting several rich persons. Then, the order of charity²⁸³ requires that we assist our neighbor who is situated in necessity. If he is situated in extreme spiritual necessity, a priest must administer the sacraments necessary for salvation even with danger to bodily life. It is self-evident that this obligation does not exist if another is present who can and wills to administer the sacrament. Therefore, for example, a simple priest is bound under grave sin to give absolution to a dying sinner rightly disposed if no other confessor willing or able to hear the confession is present.

As regards the baptism of a dying infant of non-Catholic or Jewish parents, even the hatred against the Church which would certainly arise seems to be a sufficient cause for a priest or layman to abstain from conferring baptism if the parents are vehemently unwilling.²⁸⁴ If the neighbor is situated in grave spiritual necessity, a priest is bound to administer the sacraments even with notable bodily inconvenience. Hence, for example, a confessor is bound to hear confessions even with some fatigue if otherwise the penitents must remain in the state of mortal sin for a notable time. In a light or common necessity of the neighbor, there is indeed no strict obligation to administer the sacraments to him; nevertheless, the priest is not to show himself difficult in administering the sacraments unless necessity or at least a reasonable cause demands it. On the contrary, let him always be ready to provide the faithful with such efficacious means of eternal salvation.

²⁸³ The order of charity and the diverse degrees of charity were discussed above, I, 579 sqq.

²⁸⁴ Thus also teach D'Annibale (Summul. II, 82 [3]); Vermeersch (Theol. mor. III, 199).

St. Thomas III, q. 80, a. 6; q. 81, a. 2.

86. The office of ministering the sacraments in one who has the care of souls. - Those who have the care of souls, i.e., who by office or by a special title of jurisdiction, whether ordinary (a bishop, prelate of a religion, pastor, and those who are after the manner of a pastor), or delegated (pastors' coadjutors and assistant vicars, according to can. 476, § 6), ought to feed some part of the sheepfold of Christ, are bound under grave obligation from justice, by reason of office, contract, stipend, etc., to minister the sacraments to their subjects. In particular:

1. They are bound under grave obligation regularly to minister the sacraments personally to their subjects as often as they reasonably ask, even for a cause of devotion (can. 467, § 1 and 892, § 1); - unless they themselves are legitimately impeded, or can, without inconvenience to the subjects, minister them through others: yet to deny them sometimes, of itself, is not mortal, because ordinarily the harm can easily be repaired.

Hence a pastor sins gravely who habitually or by custom: a) is slow and difficult in hearing confessions, especially of the sick; or b) takes it ill if some communicate during the week, and makes them wait a long time and thus turns them away from Communion; or c) refuses to carry the Eucharist to the sick, even outside danger of death.

2. In grave necessity, and a fortiori in extreme necessity, they are bound, even with evident danger to life, to minister the necessary sacraments, namely Baptism and Penance (S.C.C., October 12, 1576), and, if they can with the same danger, the Eucharist and Extreme Unction; but if sufficient certitude concerning Penance is not had, they ought to minister Extreme Unction, which would be necessary per accidens.

Yet a pastor can entrust the ministration to others, unless he is expressly and by name required; but he cannot depart from the flock in a time of common danger, for example, plague (S.C.C., December 6, 1576).

3. In common necessity they are bound to minister the Eucharist and Extreme Unction even with grave inconvenience.

87. The obligation of ministering the sacraments in a simple priest. - Other priests, not from justice, but, when those who have the care of souls are lacking, from charity, are bound to minister the sacraments. And indeed:

1. in common necessity, under light obligation, if they can do it without inconvenience;

2. in grave necessity of a neighbor, under grave obligation, with inconvenience not very great;

3. in extreme necessity of a neighbor, or grave necessity of the community, they are bound to minister even with danger of life, provided there is a founded hope of helping and there is not another who may help.

Hence you are not bound, in order to baptize or absolve someone, certainly to expose your life, if you probably must perish before you can carry out your office, as if a little child not yet baptized must morally certainly be suffocated in the flames before you can reach him, because no one is bound to a useless work, or to one prudently presumed such, with grave harm to himself; - or if you probably presume that he is baptized or is not in the state of sin, or also that he can easily help himself through an act of contrition; - or if you, existing in mortal sin, doubt concerning your own contrition; - or if, by your death, the salvation of several others would be endangered.

88. The obligation of denying the sacraments. - Since conditions and dispositions are required for receiving the sacraments validly and licitly, there follows in the minister an obligation not to minister them to the incapable or unworthy. For this of itself is the grave sin of sacrilege insofar as a sacred thing is exposed to profanation, according to Mt. VII, 6: Do not give what is holy to dogs; of infidelity insofar as the minister acts against the office of a good dispenser; and of scandal or cooperation in grave sin. Yet per accidens it is licit on account of a most grave cause, because by an action not evil it is licit to cooperate in another's sin, in order to avoid a greater evil (I, n. 489), namely, to avoid scandal, or the unjust defamation of the one asking, or the illegitimate use of knowledge acquired in sacramental confession.

Hence there arises an obligation of knowing in some way the state of the recipient; and indeed:

1. If there is question of sacraments in whose administration the priest is as a judge, he is bound to inquire concerning the fitness and worthiness of the recipient and to judge from positive indications. Thus especially:

a) in the sacrament of Penance, greater certitude of the dispositions of the recipient is required before the others, since there the minister is truly a judge;

b) in Order, inquiry must be made concerning the knowledge and probity of the recipient, which especially regards the common good of the Church;

c) in Matrimony the pastor is bound to inquire concerning impediments and sufficient instruction;

d) in the Baptism of adults inquiry must be made concerning faith and the purpose of Christian life.

2. For the other sacraments, Confirmation, Eucharist, Extreme Unction, the priest is not bound positively to judge concerning the disposition of the recipient; any faithful person, when he outwardly asks reverently, is presumed worthy, unless the contrary is established.

89. Rules to be observed in denying the sacraments. - A. The sacraments generally are to be denied:

1. to the incapable or unfit, who, namely, cannot validly receive them, or an adult who does not will to receive them, because in the case there would truly be a simulation of the sacrament, and therefore an abuse of a sacred thing intrinsically evil: thus if someone wished to confer Baptism upon one already baptized or upon one who does not wish to be baptized. But if there is doubt concerning capacity in a case of necessity, let the sacrament be ministered under condition;

2. to a public sinner, for example, one excommunicated by name or notoriously existing in mortal sin, whether he asks publicly or secretly, unless he appears amended with due dispositions; there is excepted, for the sacraments of necessity, the moment of death if he is deprived of the senses and there is at least some probability of due disposition;

3. likewise to a secret sinner secretly asking, provided the minister knows the sin otherwise than from confession, for otherwise the sinner cannot even be admonished outside confession.

B. On the contrary, to a secret sinner publicly asking, or to a public sinner asking in a place where he is not recognized as such and is not foreseen soon to be recognized, if he cannot be passed over without scandal or defamation, Baptism, Confirmation, Eucharist, and Extreme Unction are to be granted;¹ unless he wishes to receive the Eucharist for positively dishonoring it: for then he is to be repelled as an unjust aggressor of the honor due to the sacrament. But absolution is given secretly, and Order is not given to all; whence they are to be denied to the indisposed.

¹ The aforesaid rules are handed down in the Code of Law, for the Eucharist, can. 855.

But if the sinner asks when only certain little children are present, or those who know the sinner, he is judged to ask secretly, unless they are going to divulge the matter.

According to can. 2197, a delict is public if it has already been divulged, or has happened or is situated in such circumstances that it can and ought prudently to be judged that it will easily be divulged, whether it is notorious with notoriety of law after the sentence of a competent judge or the confession of the delinquent made in court, or with notoriety of fact, when the delict is publicly known and committed in such circumstances that it can be hidden by no evasion and excused by no suffrage of law. Moreover, it can be public either absolutely, if the delict is known quite commonly, or relatively, if it is known by many and those present or by the greater part, without yet having reached the common knowledge of the crowd.

From can. 855, "the publicly unworthy are the excommunicated, the interdicted, and the manifestly infamous," such as publicly known prostitutes or concubinaries, "unless their repentance and amendment is established and they have first satisfied public scandal." To these are to be equated heretics and schismatics, even those erring in good faith, to whom, according to can. 732, "it is forbidden to minister the sacraments... unless first, having rejected their errors, they have been reconciled to the Church."

In doubt concerning the publicity of the delict, the sacrament is rather to be given to one asking openly; in doubt concerning amendment or the retraction of a certainly public delict, or concerning scandal removed, it is rather to be deferred.

Where the unworthiness arises from crime alone, apart from scandal to be removed, it suffices that the sinner be publicly confessed, so that his repentance will soon be divulged. But if amendment or satisfaction or retraction must be made to remove scandal, regularly the scandal must first be removed by removal of the occasion or public retraction, or at least one exhibited in such a way that it can soon be made known; - unless, however, the sinner asks secretly, or scandal can be forestalled in another way.

90. Observations. - 1. To avoid the sacrilege of unworthy reception, it is not licit to simulate the ministration of a sacrament, which is a greater sin, as being a pure sacrilegious lie. To simulate a sacrament is externally to act as if it were a sacrament, so that the absence of the sacrament cannot become known. Whence simulation of a sacrament is the fictitious placing of a rite or apparently sacramental action, so that externally it is signified that a sacrament is being confected or ministered, which nevertheless is invalid because of a hidden defect; because in confecting or ministering the sacrament, at least something essential is changed or omitted, namely, matter or form or due intention. Thus, for example, to minister matter and form without intention, or so to pronounce the words of absolution, to celebrate Mass by consecrating water or by omitting the words of consecration, which also includes danger of material idolatry. Simulation of a sacrament is never licit; whence proposition 29 was condemned by Innocent XI: "Pressing grave fear is a just cause of simulating the administration of the sacraments."

Dissimulation or concealment differs from simulation of a sacrament, not indeed of the sacrament but of the denied sacrament. This consists in doing externally something other than a sacrament, which has a certain likeness with it; whence it is the substitution of another rite for the sacramental rite, or the placing of a non-sacramental action, by which neither the external appearance of a sacrament is present nor does it seem that a sacrament is confected or ministered, but nevertheless the denial of this can be hidden from those standing by. Thus, for example, to give a blessing in place of absolution, at least if the penitent is not deceived thereby; to say the formula of communion, "The Body of the Lord," etc., and pass over the consenting sinner; to go to the confessor or enter the confessional. Now, sometimes, when a just cause is present, it is licit to dissimulate the denial of a sacrament, not indeed directly so that one's neighbor may be deceived, but so that the truth may be hidden.

Let it be noted that matrimony, because it follows the nature of a contract, is licitly contracted fictitiously on account of grave fear: this is not simulation of a sacrament, because matrimony extorted by fear cannot be a valid sacrament; indeed it is not even true simulation of a contract, because from the circumstances the fiction can be understood by all. Whence it is only dissimulation of denied consent.

2. To minister a sacrament to an unworthy person, who asks it by threatening death or an equivalent evil, is certainly illicit if it is asked in hatred of the faith or contempt of religion; and also more probably if for another reason: for such asking is positively injurious to the sacrament and, as it were, an invasion of the honor and reverence due to the sacrament, with which the minister by yielding would proximately cooperate; and from this evil only mediately would there follow the good effect, namely, escape from death.

Question 2. Whether, or what kind, is the obligation of ministering Extreme Unction?

Resp. The ordinary minister is held from justice to administer this sacrament personally himself or through another; and in a case of necessity any priest is held from charity (Can. 939), to those dangerously sick.

I said to those dangerously sick, because the last article of death is not to be awaited. Thus canon 944 says: ... with all zeal and diligence care must be taken that the sick, while they are fully masters of themselves, receive it. Indeed theologians commonly teach that Pastors sin gravely who defer it until the sick person is deprived of the use of the senses and reason, because thus the sick person lacks the richer fruit which he would have perceived if he had received this sacrament while master of reason; besides, because he is deprived of spiritual strengths for resisting the demon and for bearing the inconveniences of disease; finally, because by virtue of this sacrament he could have obtained health of body if it had been conferred upon him at a fitting time. - Cf. St. Alphonsus, n. 729.

XIX. QUESTION XI. When and to whom ought the sacraments to be administered? ANSWER. Parish priests are bound by divine law to administer the sacraments to their own parishioners, as Trent declares, session 23, chapter 1. In time of plague they are bound to exercise this office with danger of life. Many limit this to two sacraments, Baptism and Penance; but the restriction is unjust. Why ought they not to administer the sacred viaticum and extreme unction? Not only in time of plague, but also of persecution, parish priests are bound to assist their own sheep. Parish priests failing in time of plague, private priests ought, even with danger of life, to administer the sacraments to those in extreme need. And to this above all are the mendicant priests bound, since they are the co-operators of bishops and parish priests, and their auxiliary forces. For to this pertains their institute, and to this end are they fed by the alms of the faithful.

XXI. Some contend that this doctrine is true ordinarily, but not if fear of death should threaten: for then, they say, the sacraments are to be administered, unless they be asked in hatred of the faith or in contempt of religion: because, say the cited authors, the precept of which we treat is not merely negative, but resolves into an affirmative one of prudently dispensing the sacraments. Good heavens! Does prudent zeal for preserving life therefore prescribe that the sacraments be administered to public sinners who seek the priest's throat unless he administer? Is that not a merely negative precept — Give not that which is holy to dogs, neither cast ye your pearls before swine? All things therefore being regarded, the opinion recounted is to me false.