Canon 844 is a
canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base
* Literary canon, an accepted body of works considered as high culture
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contained within the
1983 ''Code of Canon Law'' (1983CIC) of the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, which defines the
licit administration and reception of certain
sacraments of the Catholic Church
There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the Grace in Christianity, gra ...
in normative and in particular exceptional circumstances, known in
Catholic canonical theory as ''communicatio in sacris'' (worship in common).
Thomas Condon wrote, in ''The Sanctifying Function of the Diocesan Bishop Especially in Relationship with Pastors'', that this canon "empowers the
bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
to regulate sacramental sharing for Catholics who might need to approach a non-Catholic minister;
..the canon enjoins the bishop to prevent a spirit of
indifferentism
Indifferentism is the belief held by some that no one religion or philosophy is superior to another.
Religious indifferentism is to be distinguished from political indifferentism. Political indifferentism relates to the policy of a State that tre ...
from emerging because of sacramental sharing."
[
]
Condon wrote that
Frederick R. McManus
Frederick Richard McManus (born February 8, 1923, Lynn, Massachusetts – died November 27, 2005, Boston, Massachusetts) was an American Catholic Church, Catholic Priesthood (Catholic Church), priest and academic, who served as a peritus on the li ...
"noted that 'the intent of the canon is clear, namely to define the outer limits of permissible sharing of sacraments, aside from any question of validity or invalidity'."
The
Second Vatican Council
The Second Ecumenical Council of the Vatican, commonly known as the , or , was the 21st Catholic ecumenical councils, ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions) ...
's decree on
ecumenism
Ecumenism (), also spelled oecumenism, is the concept and principle that Christians who belong to different Christian denominations should work together to develop closer relationships among their churches and promote Christian unity. The adjec ...
, ''
Unitatis Redintegratio'' (UR), states that "worship in common (') is not to be considered as a means to be used indiscriminately for the restoration of Christian unity."
[
] In that context, John Beal et al.'s ''New commentary on the Code of Canon Law'' notes that this canon does not address the specific question of "the seriousness of the need" on occasions of worship in common such as a marriage or funeral or similar ecumenical activities,
[
] though individual Catholic theologians, such as Kevin Considine, have interpreted Canon 844 as allowing for intercommunion in these cases.
Structure
The structure of Canon 844, described in Ernest Caparros' et al. ''Code of Canon Law Annotated'', is that the "general principle is established" first, then this canon "considers three situations of facts" which are exceptions, and finally this canon "regulates the lawful exercise of the normative activity in a particular area."
[
]
In ''
Ecclesia de Eucharistia
''Ecclesia de Eucharistia'' is an encyclical by Pope John Paul II published on April 17, 2003. Its title, as is customary, is taken from the opening words of the Latin version of the text, which is rendered in the English translation as "The Chu ...
'' (EE), Pope John Paul II asked the
Roman Curia "to prepare a more specific document, including prescriptions of a juridical nature,"
[
] which Daniel Merz wrote, in ''The Liturgy Documents'', were "in light of liturgical abuses in violation of liturgical norms."
[
] Within several months, in 2004, the
(CCDDS) gave those instructions in ''
Redemptionis Sacramentum
''Redemptionis sacramentum'' ("Sacrament of Redemption") is an instruction on the proper way to celebrate Mass in the Roman Rite and others, and considered as well the adoration of the Blessed Sacrament. It was issued by the Congregation for Divine ...
'' (RS).
[
] Merz made clear that "should be understood as binding norms for interpreting and carrying out the liturgical laws" and "is intended to be read as a companion to" .
The instruction, in pertaining to this canon, is that "Catholic ministers licitly administer the Sacraments only to the Catholic faithful, who likewise receive them licitly only from Catholic ministers, except for those situations for which provision is made in" Canon 844 §§2–4, and Canon 861 §2.
Furthermore, "the conditions comprising" Canon 844 §4, "from which no dispensation can be given, cannot be separated; thus, it is necessary that all of these conditions be present together."
Principle
The principle found in section one of Canon 844 is that "Catholic ministers administer the sacraments licitly to Catholic members of the Christian faithful alone."
"Paragraph one governs the licit, rather than the valid administration of sacraments to Catholics," according to Condon.
This principle covers all sacraments of the Catholic Church. "The general principle is clear" as Caparros et al. describes that "Catholic ministers may lawfully administer the sacraments to Catholic faithful, who in their turn may only receive them lawfully from Catholic ministers."
Exception one
The first exception is cited in section one.
Baptism
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
, according to the , "is necessary for
salvation
Salvation (from Latin: ''salvatio'', from ''salva'', 'safe, saved') is the state of being saved or protected from harm or a dire situation. In religion and theology, ''salvation'' generally refers to the deliverance of the soul from sin and its c ...
" and is "the gateway to the sacraments"; through it, the recipient is "configured to Christ" by a
sacramental character
According to some Christian denominations, a sacramental character is an indelible spiritual ''mark'' (the meaning of the word ''character'' in Latin) imprinted by any of three of the seven sacraments: baptism, confirmation, and holy orders.
...
and "incorporated into the Church".
The first exception to Canon 844 is that if "an ordinary minister is absent or impeded, a
catechist
Catechesis (; from Greek: , "instruction by word of mouth", generally "instruction") is basic Christian religious education of children and adults, often from a catechism book. It started as education of converts to Christianity, but as the ...
or another person designated for this function by the local ordinary, or in a case of necessity any person with the right intention, confers baptism licitly."
So, for the §1 exception all of these conditions must be present together for licitness:
*A case of necessity.
*Any administrant, whether Catholic or non-Catholic or non-Christian, with the right intention.
*Any recipient who is "not yet baptized".
*Only for reception of the sacrament of Christian baptism.
Exception two
The second exception is found in section two. "Whenever necessity requires it or true spiritual advantage suggests it, and provided that danger of error or of indifferentism is avoided, the Christian faithful for whom it is physically or morally impossible to approach a Catholic minister are permitted to receive the sacraments of penance, Eucharist, and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid."
Peter Vere pointed out "that the word 'Church' in" Canon 844 §2 is
capitalized. "The canon does not say that Catholics may receive the aforementioned sacraments from 'non-Catholic ministers in whose ''churches'' these sacraments are valid.' In interpreting this canon," Vere wrote, "it is important" to pay attention to the "legal norms" within the . Vere considered Canon 16 §1 and Canon 17:
Canon 16 §1 "means that the canons contained within the" "are legitimately interpreted by" the legislator, i.e.
Pope John Paul II
Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
"and his successors", and "those whom he has delegated to interpret the" .
Canon 17 "means that the canons must be understood according to both the text and the
context
Context may refer to:
* Context (language use), the relevant constraints of the communicative situation that influence language use, language variation, and discourse summary
Computing
* Context (computing), the virtual environment required to su ...
in which they find themselves. In cases of doubt, one should seek references elsewhere as to what was the purpose of the law, and the mind of the legislator in passing the law."
Applying the "legal norms" of Canon 16 §1 and Canon 17 to Canon 844 §2, "we see that the intention of the legislator, within the context of the canon, is to permit Catholics under certain circumstance to receive the sacraments from non-Catholic ministers of Churches in which the sacraments are valid. This is not a permission to receive the sacraments from non-Catholic ministers in whose churches the sacraments are valid. The difference being that the sacraments must be valid owing to the denominational Church to which the non-Catholic minister belongs, and not merely from the validity of the minister's ordination. For example, one could not receive the sacraments from a priest validly ordained within the Catholic Church who later defected from the Catholic Faith and now ministers within the Episcopalian ecclesial communion. Nor could one approach a validly-ordained non-Catholic minister who ministers the sacraments independently of the jurisdiction of a Church in which these sacraments are valid." So, Vere wrote, applying the "legal norms" of Canon 17, "we must look at parallel laws to see what the legislator means by the term 'Church' when granting permission under" Canon 844 §2 "to receive the sacraments from non-Catholic ministers in whose Churches they are valid."
"The most important document that clarifies the mind and intention of the legislator," wrote Vere, is the
Pontifical Council for Promoting Christian Unity
The Dicastery for Promoting Christian Unity, previously named the Pontifical Council for Promoting Christian Unity (PCPCU), is a dicastery whose origins are associated with the Second Vatican Council which met intermittently from 1962 to 1965.
Po ...
's (PCPCU) ''Directory for the application of principles and norms on ecumenism'' (1993ED) which contains "parallel laws" that "clarify the intention of the legislator with regards to" this canon.
[
] So, for the §2 exception all of these conditions must be present together for licitness:
*A case of necessity, or a case of true spiritual advantage. Caparros et al. quoting from ''In quibus rerum circumstantiis'' remarked that, "It must be remembered that the sacraments 'are not mere instruments for satisfying individual desires only'."
*The minister is of a non-Catholic
Eastern Church
Eastern Christianity comprises Christian traditions and church families that originally developed during classical and late antiquity in Eastern Europe, Southeastern Europe, Asia Minor, the Caucasus, Northeast Africa, the Fertile Crescent and ...
in which these sacraments are valid,
or the minister is of a non-Catholic
Western Church
Western Christianity is one of two sub-divisions of Christianity (Eastern Christianity being the other). Western Christianity is composed of the Latin Church and Western Protestantism, together with their offshoots such as the Old Catholic C ...
in which these sacraments are valid or "who is known to be validly ordained according to the Catholic teaching on ordination".
The Catholic Church
does not recognize the ordination of women, and believes specifically that
Anglican ordinations are invalid.
*Error and indifferentism are avoided. Caparros et al. comments that, "this is a basic criterion, expressed in 26" which states that participation in worship "which harms the unity of the Church or involves formal acceptance of error or the danger of aberration in the faith, of scandal and indifferentism, is forbidden."
[
] In cases of doubt, the recipient should seek references elsewhere.
A Catholic recipient who manifests indifference could not apply the provisions of this canon to licitly receive a sacrament from a non-Catholic minister.
*The recipient is Catholic for whom access to a Catholic minister is physically or morally impossible.
Beal et al. recognized this to include a limitation "such as serious inconvenience."
*Only for reception of three sacraments:
Penance
Penance is any act or a set of actions done out of Repentance (theology), repentance for Christian views on sin, sins committed, as well as an alternate name for the Catholic Church, Catholic, Lutheran, Eastern Orthodox, and Oriental Orthodox s ...
,
Eucharist
The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was instit ...
, and
Anointing of the Sick.
*Within the prescribed limits regulated by the diocesan bishop and
conference of bishops
An episcopal conference, sometimes called a conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. Episcopal conferences have long existed as informal entities. The first assembly of bishops to ...
.
So to licitly apply the provisions of Canon 844 § 2, a Catholic recipient must, if possible, contact the Catholic diocese in which the sacrament might potentially be received, to understand the established norms and prohibitions of the diocesan bishop as well as about specific heretical or schismatic groups and ministers that may be operating in the area. If there is a prohibition, a Catholic recipient engaged in it could be "guilty of prohibited participation in sacred rites (')".
*Practiced according to the norm that a recipient "who legitimately wishes to communicate with Eastern Christians must respect the Eastern discipline as much as possible and refrain from communicating if that Church restricts sacramental communion to its own members to the exclusion of others."
Vere considered Norm 123, Norm 130, Norm 131, and Norm 132. Vere identified the fact that, in conformity with Norm 123, "Catholics may enjoy the full benefit of" Canon 844 §2 "when approaching a minister of a non-Catholic Eastern Church in which the sacraments are valid, in order to receive the sacraments." On the other hand, explains Vere, Norm 123 "does not apply when approaching the minister of a non-Catholic Western Church in which the sacraments are valid. Rather, this situation is covered under" the "much stricter" Norm 132. Accordingly, "before a Catholic may legally approach a non-Catholic minister within a Western Church in which the sacraments are valid, he must meet the further requirements of certain circumstances defined in" the .
Considering that Norm 132 "specifies Church in the universal sense, and not Church '," Vere points out that, "this norm cannot be interpreted in the sense that the Catholic is unable to approach a Catholic priest of his own liturgical rite."
Society of St. Pius X
Vere wrote in 1999 that with respect to the
canonical situation of the Society of St. Pius X
The canonical situation of the Society of Saint Pius X (SSPX), a group founded in 1970 by Archbishop Marcel Lefebvre, is unresolved.
The Society of Saint Pius X has been the subject of much controversy since 1988, when Bernard Fellay, Bernard Tiss ...
(SSPX), "this prohibition has been confirmed" by the
Pontifical Commission Ecclesia Dei
The Pontifical Commission ''Ecclesia Dei'' () was a commission of the Catholic Church established by Pope John Paul II's ''motu proprio'' '' Ecclesia Dei'' of 2 July 1988 for the care of those former followers of Archbishop Marcel Lefebvre who b ...
(PCED), that Masses celebrated by the "are also valid, but it is considered ''morally illicit'' for the faithful to participate in these Masses unless they are physically or morally impeded from participating in a Mass celebrated by a Catholic priest in good standing."
Vere writes that the
Pontifical Commission Ecclesia Dei
The Pontifical Commission ''Ecclesia Dei'' () was a commission of the Catholic Church established by Pope John Paul II's ''motu proprio'' '' Ecclesia Dei'' of 2 July 1988 for the care of those former followers of Archbishop Marcel Lefebvre who b ...
(PCED), which, in some cases, "has been delegated the power of authentic interpretation of" Canon 844 §2, "does not consider the lack of opportunity to assist at a
Tridentine Mass
The Tridentine Mass, also known as the Traditional Latin Mass or Traditional Rite, is the liturgy of Mass in the Roman Rite of the Catholic Church that appears in typical editions of the Roman Missal published from 1570 to 1962. Celebrated almo ...
sufficient cause to receive the sacraments from a
Lefebvrite cleric." For this reason, "in light of" Canons 16–17 and Norms 130–132, "one cannot invoke" Canon 844 §2 "in order to receive the sacraments from a Lefebvrite priest simply because a Tridentine Mass is lacking."
"Furthermore," because the does not claim
ecclesiastical jurisdiction
Ecclesiastical jurisdiction signifies jurisdiction by church leaders over other church leaders and over the laity.
Jurisdiction is a word borrowed from the legal system which has acquired a wide extension in theology, wherein, for example, it is ...
, wrote Vere, "the Catholic Church is not certain at the present whether the constitutes a Church like the
Eastern Orthodox
Eastern Orthodoxy, also known as Eastern Orthodox Christianity, is one of the three main branches of Chalcedonian Christianity, alongside Catholicism and Protestantism.
Like the Pentarchy of the first millennium, the mainstream (or "canonical") ...
or the
Polish National Catholic Church
The Polish National Catholic Church (PNCC) is an independent Old Catholic church based in the United States and founded by Polish-Americans.
The PNCC is not in communion with the Roman Catholic Church.http://www.saplv.com/wp-content/uploads/2021/ ...
, or whether the is simply a loose federation of acephalous (independent) priests and episcopal vagantes (wandering bishops) like the Old Catholic Movement in North America. Thus where to classify the
schism
A schism ( , , or, less commonly, ) is a division between people, usually belonging to an organization, movement, or religious denomination. The word is most frequently applied to a split in what had previously been a single religious body, suc ...
at the moment represents an internal dilemma for the Church,"
According to the the "is not concerned with the" . "The situation of the members of" the "is an internal matter of the Catholic Church" and the "is not another Church or Ecclesial Community in the meaning used in the" .
Analogously the
Tribunal of the Roman Rota
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-r ...
wrote about "dealing with a priest belonging in virtue of ordination to the" , "which lacked the necessary canonical legitimacy in the Church at the time of the celebration of the marriage," under the circumstances, accordingly "was like an acephalous or transient or 'freelance' priest, and consequently, did not seek from anyone the
faculty ..
Because "the
Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
has prudently chosen not to classify the as a Church," Vere wrote, "one cannot invoke" Canon 844 §2 "or the conditions of" Norm 123 or Norms 130–132 "in order to receive the sacraments from ministers."
Exception three
The third exception is found in section three. "Catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick licitly to members of Eastern Churches which do not have full communion with the Catholic Church if they seek such on their own accord and are properly disposed. This is also valid for members of other Churches which in the judgment of the Apostolic See are in the same condition in regard to the sacraments as these Eastern Churches."
So, for the §3 exception all of these conditions must be present together for licitness:
*A case when the sacrament is requested. Caparros et al. comments that, "any prior pressure by the Catholic minister is clearly forbidden."
*The
minister is Catholic.
*The recipient is a baptized properly disposed Eastern non-Catholic. Caparros et al. elucidates that, because "the word ''Oriental'' is very general, it is advisable to verify in each case that the subject fulfills the faith requirements laid down by ecclesiastical authority. This applies with equal strictness to members of other Churches that, in the opinion of the" Apostolic See, "are in a similar situation to the Oriental ones."
In the United States, this includes Christians of the Eastern Orthodox Churches, the
Assyrian Church of the East
The Assyrian Church of the East,, ar, كنيسة المشرق الآشورية sometimes called Church of the East, officially the Holy Apostolic Catholic Assyrian Church of the East,; ar, كنيسة المشرق الآشورية الرسول٠...
, and the
Polish National Catholic Church
The Polish National Catholic Church (PNCC) is an independent Old Catholic church based in the United States and founded by Polish-Americans.
The PNCC is not in communion with the Roman Catholic Church.http://www.saplv.com/wp-content/uploads/2021/ ...
.
[
]
*Only for reception of three sacraments: penance, Eucharist, and anointing of the sick.
*Within the prescribed limits regulated by the diocesan bishop and conference of bishops.
*Practiced according to the norm that "due consideration should be given to the discipline of the Eastern Churches for their own faithful".
*Practiced according to the norm that "any suggestion of proselytism should be avoided."
Exception four
The fourth exception is found in section four. "If the danger of death is present or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments licitly also to other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord, provided that they manifest Catholic faith in respect to these sacraments and are properly disposed."
So, for the §4 exception all of these conditions must be present together for licitness:
*A case of a danger of death, or
:a case of a grave necessity, in the judgment of the diocesan bishop or conference of bishops.
*The minister is Catholic who "will judge individual cases and administer these sacraments only in accord with
..established norms, where they exist" or "the norms of" .
*The recipient is a baptized properly disposed Western non-Catholic with "manifest Catholic faith in this sacrament".
*Only for reception of three sacraments: penance, Eucharist, and anointing of the sick.
*Within the prescribed limits regulated by the diocesan bishop and conference of bishops.
*Practiced according to the norm that the recipient is "unable to have recourse for the sacrament desired to a minister of his or her own Church or ecclesial Community".
*Practiced according to the norm that the recipient "ask for the sacrament of his or her own initiative".
Regulation
The regulation is found in section five. "For the cases mentioned in §§2, 3, and 4, the diocesan bishop or conference of bishops is not to issue general norms except after consultation at least with the local competent authority of the interested non-Catholic Church or community."
states that "it is strongly recommended that the diocesan Bishop, taking into account any norms which may have been established for this matter by the Episcopal Conference or by the Synods of Eastern Catholic Churches, establish general norms for judging situations of grave and pressing need and for verifying the conditions"
Beal et al. elaborated that in consideration of the
ethic of reciprocity
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns m ...
, "the underlying purpose" in §5 is "not to act unilaterally" but the language "is carefully constructed to leave the diocesan bishop" or conference of bishops "free to act in individual cases" or issue norms regardless of any consultation with another Church or Ecclesial Community.
"The course to be adopted, with due regard to all the circumstances of time, place, and persons," states, "is to be decided by local episcopal authority, unless otherwise provided for by the Bishops' Conference according to its statutes, or by the Holy See."
Notes
See also
*
Canon 915
Canon 915, one of the canons in the 1983 ''Code of Canon Law'' of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared ...
References
Further reading
Only information that conforms to the 2004 changes found in can be considered current.
*
*
External links
*{{cite web , website=United States Conference of Catholic Bishops. Ecumenical and Interreligious Affairs , author=The Roman Catholic-Polish National Catholic Dialogue , title=Joint Declaration on Unity , date=2006-05-17 , url=http://www.usccb.org/seia/jointdeclaration.shtml , access-date=2014-01-23, archive-url=https://web.archive.org/web/20070808173802/http://www.usccb.org/seia/jointdeclaration.shtml , archive-date=2007-08-08
Sacramental law
Canons (canon law)