Mon, Oct 6, 2008

The Right to the Sacraments – Part I
News from the Tribunal
Fr. Langes Silva, JCL, JCD

Sources: Zenit.org, Code of Canon Law; presentation by the Rev. Dr. Francis G. Morrisey, O.I.M., J.C.D., Ph.D. at the Western Regional CLSA Convention 2008.

In this article, I would like to examine some of the areas we face regarding the administration of the sacraments and, how the current canonical legislation illuminate our modus procedendi to allow practicing Catholics to receive the sacraments of the Church. The article is divided in three parts: Part I presents a brief introduction about the right of access to the sacraments based on Canon 843 of the current Code of Canon Law and the first area of analysis on how (1) the sacraments are instruments of sanctification. Part II will consider two areas: (2) the role of the sacraments in the Church and (3) the right of access to the sacraments by the Christian faithful. Part III will consider some of the (4) reasons for denial of access to the sacraments in certain times and situations. Finally, Part III will also present some conclusions.

Introduction

Generally speaking, for most Catholics their identification and affiliation with the Church revolves around the celebration and the proper reception of the sacraments. However, the right of Catholics to receive the sacraments is not an absolute right and their participation is regulated by three particular factors: seeking them at appropriate times, proper disposition and a prohibition of law from receiving them. Canon 843 of the current Code of Canon Law illustrates the exercise of this right as follows:

1. Sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them.

2. Pastors of souls and other members of the Christian faithful, according to their respective ecclesiastical function, have the duty to take care that those who seek the sacraments are prepared to receive them by the proper evangelization and catechetical instruction, attentive to the norms issued by competent authority.

The Second Vatican Council through the “Dogmatic Constitution on the Church, Lumen Gentium,” No. 11, reaffirms the firm conviction that the sacraments are the actions that distinguish the Catholic Church and its members from many of the other Churches, Christian or non-Christian:

“…Though they differ essentially and not only in degree, the common priesthood of the faithful and the ministerial or hierarchical priesthood are nonetheless ordered one to another; each in its own proper way shares in the one priesthood of Christ… The ministerial priest, by the sacred power that he has, forms and rules the priestly people…

“The faithful, indeed, by virtue of their royal priesthood, participate in the offering of the Eucharist. They exercise that priesthood, too, by the reception of the sacraments, prayer and thanksgiving, the witness of a holy life, abnegation and active charity…”

The sacred nature and organic structure of the priestly community is brought into operation through the sacraments and the exercise of virtues.”

Keeping in mind the principles stated above, we can say that one of the greatest penalties that can be imposed upon Catholics is to deprive or limit them of access to the sacraments. There are many ways in which such deprivation or limitation can occur. For example, sometimes by virtue of their very actions, Catholics place themselves outside of Church communion. In other instances, although they remain in full communion with the Church, they are no longer eligible to receive the sacraments of penance and Eucharist. At other times, they are not eligible for reception of a given sacrament because of certain impediments or conditions in life.

1. The Sacraments as Instruments of Sanctification

Canon 843 of the current Code of Canon Law reminds us of the Church’s three missions or functions – to teach, sanctify and govern- These are an exercise of the threefold mission of Christ. The mission of sanctifying is carried out primarily through the liturgy and the celebration of the sacraments. In law, our primary focus, when speaking of liturgy, would most likely be to safeguard the value of the liturgical acts. This is accomplished by spelling out conditions of capacity in those involved in celebrating the sacraments, and by the establishment of criteria directing the lawful behavior of the ministers of the sacraments and the other members of the faithful. The conditions of capacity could be either active or passive. Active capacity would refer primarily to those who are called to celebrate the sacraments, while passive capacity would refer to the eligibility of persons to receive them.

The liturgy, through the use of signs perceptible to the senses, symbolizes our sanctification and, in a manner appropriate to each sign, brings it about. The communio of the faithful, entered into by Baptism and the Eucharist, implies a dimension of worship which, in union with Christ, renders each person personally capable of Christian worship.

Canon 834 tells us that through the liturgy a complete public worship is offered to God, it is not surprising to see that there are numerous calls on the part of some of the faithful, who in spite of the fact that they find themselves in awkward situations, wish to be able to participate more directly in it. This situation is particularly important when we consider that liturgy is offered “in the name of the Church,” and not just as a personal action, private initiative, or matter.

Part II of this article will present an analysis of two areas of this topic: the role of the sacraments in the Catholic Church and the right of access to the sacraments by the Christian Faithful.

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