Canon 915

 

Introduction

During the election campaign of 2004 in the United States of America, some Bishops found themselves under question by other Bishops regarding the application of can. 915 of the Code of Canon Law in the case of Catholic politicians who publicly, after admonition, continue to support legislation favoring procured abortion and other legislation contrary to the natural moral law, for example, legislation permitting the cloning of human life for the purpose of harvesting stem cells by the destruction of the artificially-generated human embryo, and legislation redefining marriage to include a relationship between persons of the same sex. The gravity of the sin of procured abortion and of the sins involved in the commission of other intrinsically-evil acts seemed to place the Catholic politicians among those who obstinately persevere in manifest grave sin, about whom can. 915 treats.

The discussion among the Bishops uncovered a fair amount of serious confusion regarding the discipline of can. 915. First of all, the denial of Holy Communion was repeatedly characterized as the imposition of a canonical penalty, when, in reality, it plainly articulates the responsibility of the minister of Holy Communion, ordinary or extraordinary, to deny Holy Communion to those who obstinately persevere in manifest grave sin ^[1]. The denial of Holy Communion can be the effect of the imposition or declaration of the canonical penalties of Excommunication and Interdict (cf. cann. 1331 §1, 2º; and 1332), but there are other cases in which Holy Communion must be denied, apart from any imposition or declaration of a canonical penalty, in order to respect the holiness of the Sacrament, to safeguard the salvation of the soul of the party presenting himself to receive Holy Communion, and to avoid scandal.

The matter in question was extensively discussed by the Bishops of the United States during their meeting in June of 2004. The statement of the United States Bishops, “Catholics in Political Life”, adopted on June 18, 2004, which was the fruit of the discussion, failed to take account of the clear requirement to exclude from Holy Communion those who, after appropriate admonition, obstinately persist in supporting publicly legislation which is contrary to the natural moral law. The statement reads:

The question has been raised as to whether the denial of holy communion to some Catholics in political life is necessary because of their public support for abortion on demand. Given the wide range of circumstances involved in arriving at a prudential judgment on a matter of this seriousness, we recognize that such decisions rest with the individual bishop in accord with the established canonical and pastoral principles. Bishops can legitimately make different judgments on the most prudent course of pastoral action. ^[2]

While the judgment regarding the disposition of the individual who presents himself to receive Holy Communion belongs to the minister of the Sacrament, the question regarding the objective state of Catholic politicians who knowingly and willingly hold opinions contrary to the natural moral law would hardly seem to change from place to place.

The question of the scandal involved does not seem to be addressed by the Statement. While concern was expressed about <<circumstances in which Catholic teaching and sacramental practice can be misused for political ends>>, there is no mention of the gravely wrong conclusion which is per se drawn from the Church’s admission of politicians, who are persistent in supporting positions and legislation which gravely violate the natural moral law, to receive Holy Communion ^[3].

The Statement also seems to take away the serious responsibility of the minister of Holy Communion, resting the matter entirely with the Bishop. One bishop issued a statement on the same day as the statement of the body of Bishops, which intimated that can. 915 is not to be applied in his diocese. He stated:

The archdiocese will continue to follow church teaching, which places the duty of each Catholic to examine their consciences as to their worthiness to receive holy communion. That is not the role of the person distributing the body and blood of Christ ^[4].

The statement of the bishop in question confuses the norm of can. 916, which applies to the self-examination of the individual communicant, with the norm of can. 915, which obliges the minister of Holy Communion to refuse the Sacrament in the cases indicated.

Other bishops issued statements questioning the denial of the Holy Eucharist on the grounds that it somehow contradicts the whole nature of the Eucharist itself, asserting that the practice transforms the celebration of the sacrament of unity into a theater of conflicts ^[5].

In the midst of what must objectively be called confusion, it seems best to study the history of the legislation articulated in can. 915, in order to understand the Church’s constant practice and the mind of Pope John Paul II, the legislator of the 1983 Code of Canon Law.

1.  1 Cor 11,27-29 and Ecclesia de Eucharistia

The canonical discipline in question has its source in the Word of God. In the First Letter to the Corinthians, Saint Paul addressed the question of unworthiness to receive the Body and Blood of Christ. First, he gives an account of the institution of the Holy Eucharist, in which the teaching on the Eucharist as Sacrifice and Real Presence is clear (1Cor 11,23-26). He then admonishes the disciples to examine their consciences before approaching to receive Holy Communion. He states:

Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be guilty of profaning the body and blood of the Lord. Let a man examine himself, and so eat of the bread and drink of the cup. For any one who eats and drinks without discerning the body eats and drinks judgment upon himself (1Cor 11,27-29) ^[6].

The relationship between the teaching on the Holy Eucharist as Sacrifice and Real Presence, and the admonition regarding the correct disposition for reception of the Holy Eucharist is clear in the text.

To receive Holy Communion unworthily is to sin against Christ Himself. One commentator observed:

The focus remains on Christ, and Christ crucified, as proclaimed through a self-involving sharing in the bread and wine. If stance and lifestyle make this empty of content and seriousness, participants will be held accountable for so treating the body and blood of the Lord. ^[7]

In approaching to receive the Sacrament of the Body and Blood of Christ, the faithful must both respect the holiness of the Sacrament, the Real Presence of Christ, and examine their own worthiness, lest they condemn themselves by receiving the Lord unworthily.

The emphasis is on self-examination, in order to discover preparedness to receive the Sacrament or not. If one is not prepared, for example, because of serious sin which is unremitted, then he simply is not to approach to receive Holy Communion. Here, one is dealing with what may be simply called a “reality check”. Does the actual state of my soul dispose me to receive the true Body and Blood of Christ?

The self-examination necessarily has reference to one’s relationship both to God and to others. Communion with Christ in His Body and Blood means putting into practice what He has taught us, namely love of God and of neighbor. Serious sin against God or against neighbor makes one unworthy to receive Holy Communion, until the sin has been confessed and forgiveness received through the Sacrament of Penance.

If the lack of right disposition is serious and public, and the person, nevertheless, approaches to receive the Sacrament, then he is to be admonished and denied Holy Communion. In other words, the Church cannot remain silent and indifferent to a public offense against the Body and Blood of Christ.

Perhaps the most recent authoritative commentary on Saint Paul’s teaching regarding unworthiness to receive Holy Communion is found in Pope John Paul II’s Encyclical Letter Ecclesia de Eucharistia, “On the Eucharist in Its Relationship to the Church,” issued on Holy Thursday, April 17, 2003. In Chapter Four of the Encyclical Letter, “The Eucharist and Ecclesial Communion,” Pope John Paul declared:

The celebration of the Eucharist, however, cannot be the starting point for communion; it presupposes that communion already exists, a communion which it seeks to consolidate and bring to perfection. The sacrament is an expression of this bond of communion both in its invisible dimension, which, in Christ and through the working of the Holy Spirit, unites us to the Father and among ourselves, and in its visible dimension, which entails communion in the teaching of the apostles, in the sacraments and in the Church’s hierarchical order ^[8].

It is especially the invisible dimension which the discipline of can. 915 safeguards.

Regarding the invisible dimension of communion, the Holy Father reminded us of the requirement that we be in the state of grace in order to receive Holy Communion. Making reference to 1Cor 11,28, Pope John Paul II declared that he who desires to participate in Holy Communion must be about the daily work of growing in holiness of life, that is, in the practice of the virtues of faith, hope and love ^[9]. He quoted from a homily on the Book of the Prophet Isaiah by Saint John Chrysostom:

I too raise my voice, I beseech, beg and implore that no one draw near to this sacred table with a sullied and corrupt conscience. Such an act, in fact, can never be called “communion,” not even were we to touch the Lord’s body a thousand times over, but “condemnation,” “torment” and “increase of punishment” ^[10].

Noting the teaching in the Catechism of the Catholic Church (n. 1385) and following the rule of the Council of Trent, Pope John Paul II reaffirmed that, in order to receive Holy Communion worthily, one must have confessed and been absolved of any mortal sin of which he is guilty.

Pope John Paul II then proceeded to discuss the case of grave public sin, relating the self-judgment of unworthiness to receive to the refusal of Holy Communion to the person remaining in manifest grievous sin. He declared:

The judgment of one’s state of grace obviously belongs only to the person involved, since it is a question of examining one’s conscience. However, in cases of outward conduct which is seriously, clearly and steadfastly contrary to the moral norm, the Church, in her pastoral concern for the good order of the community and out of respect for the sacrament, cannot fail to feel directly involved. The Code of Canon Law refers to the situation of a manifest lack of proper moral disposition when it states that those who <<obstinately persist in manifest grave sin are not to be admitted to Eucharistic communion ^[11].

Pope John Paul II made it clear that the norm of can. 915 is required by the Church’s teaching on the respect due to the Most Blessed Sacrament and her concern to avoid scandal in the community.

With the words, <<cannot fail to feel directly involved>>, the Roman Pontiff clarified the obligation, on the part of the Church, to take action, when a person who remains in grievous and public sin approaches to receive Holy Communion. The obligation in question is distinct from the obligation of the person to examine his conscience regarding grave sin before approaching, which is treated in can. 916.

2. Fathers of the Church and Theologians

The Fathers of the Church and approved theologians have addressed the Church’s serious concern that due respect be paid to the Most Blessed Sacrament, that souls not fall into the sin of sacrilege by receiving the Body and Blood of Christ unworthily, and that scandal not be given to the faithful by a careless administration of the Holy Eucharist to individuals who clearly are not rightly disposed, that is, who obstinately persevere in manifest serious sin. The just-cited text from Saint John Chrysostom, found in Ecclesia de Eucharistia, is an excellent example.

Saint Basil the Great, in his First Letter on the Canons, indicates that the man who marries his brother’s wife is not to be permitted to receive Holy Communion, until he separates from her. ^[12]He, likewise, declares that the widow who takes a husband after her sixtieth year is not to be admitted to Holy Communion, until <<she will have renounced her impure passion>> ^[13]. Although little commentary is offered regarding the reason for the discipline, it seems clear that, in both cases, the reason for the prohibition is a public violation of the Church’s discipline regarding marriage and the resulting scandal in the community. The just-mentioned canons of Saint Basil the Great are among the fonts of can. 712 of the Code of Canons of the Eastern Churches, which corresponds to the discipline articulated in can. 915 of the Code of Canon Law¹⁴.

The fonts of can. 712 of the Code of Canons of the Eastern Churches also include a text of Saint Timothy of Alexandria, which underlines the responsibility of the minister of Holy Communion to refuse the Blessed Sacrament to a public sinner. The question is posed: Whether it is permitted to give Holy Communion to a heretic who presents himself to receive amidst a large crowd? Saint Timothy of Alexandria responds that it is not permitted to give Holy Communion to the heretic, even if he is not recognized in the huge crowd. He comments that the one who gives Holy Communion to the heretic in such a situation, that is, not recognizing the heretic in the crowd, <<is not responsible because of the crowd and of his ignorance of the fact>> ^[15]. The discipline is clear. Holy Communion is to be denied to the public sinner, whether the congregation is large or small. The minister, however, is not responsible for giving the Sacrament to the known heretic whom he fails to recognize because of the size of the crowd.

Saint Augustine, in Sermon 227, preached to the newly-baptized on Easter Sunday, comments on the text of Saint Paul regarding worthy reception of Holy Communion. Giving the newly baptized a fuller catechesis on the Holy Eucharist, he instructs them:

What is receiving unworthily? Receiving with contempt, receiving with derision. Don’t let yourselves think that what you can see is of no account. What you can see passes away, but the invisible reality signified does not pass away, but remains. Look, it’s received, it’s eaten, it’s consumed. Is the body of Christ consumed, is the Church of Christ consumed, are the members of Christ consumed? Perish the thought! Here they are being purified, there they will be crowned with the victor’s laurels. So what is signified will remain eternally, although the thing that signifies it seems to pass away. So receive the sacrament in such a way that you think about yourselves, that you retain unity in your hearts, that you always fix your hearts up above. Don’t let your hope be placed on earth, but in heaven. Let your faith be firm in God, let it be acceptable to God. Because what you don’t see now, but believe, you are going to see there, where you will have joy without end. ^[16]

Saint Augustine draws the attention of the newly-baptized to the reality of the Eucharistic species, the glorious Body, Blood, Soul and Divinity of Christ, cautioning them, lest in looking upon the species, which passes away, they fail or forget to recognize that the reality, the substance, is eternal, that is, never passes away. Saint Augustine’s text recalls to mind the words of Pope John Paul II about the invisible dimension of Holy Communion, which demands that those who stubbornly remain in “manifest grave sin” be denied the Sacrament. ^[17]

Saint Francis of Assisi addressed the question of the indiscriminate distribution of Holy Communion in his Letter or Exhortation to the Clergy. Saint Francis, first of all, lamented the lack of care for the sacred vessels and sacred linens, which hold and touch the Body and Blood of Christ, on the part of the clergy, the ministers of Holy Communion. He, then, addressed their responsibility to attend to their own worthiness and to the right disposition of those who present themselves to receive. He declared:

And besides, many clerics reserve the Blessed Sacrament in unsuitable places, or carry It about irreverently, or receive It unworthily, or give It to all-comers without distinction. ^[18]

With regard to the reception of Holy Communion, Saint Francis underlined two solemn moral obligations of the minister of Holy Communion: first, the obligation to be personally disposed to receive the Body and Blood of Christ worthily, and, second, the obligation to give Holy Communion with discretion, that is, with attention to those who, in a public way, have made themselves unworthy to receive the Sacrament.

3. Decretal Law

The first legislation in the matter, collected in the Decree of Gratian, is a letter from Pope Gregory the Great to an elderly Bishop Januarius who was reported to have gone out to take the harvest of a certain man before the celebration of the Mass and, then, to have proceeded to celebrate the Mass. The letter comments: <<All who hear about the fact know that a punishment ought to follow it>>. ^[19] The case is somewhat complicated. The discipline, in fact, is not imposed upon the Bishop because of his simple-mindedness and age. Pope Gregory, however, imposed two months of excommunication upon those who counseled the Bishop to act in such a way. The letter further specifies that, if they will have suffered illness within the two months, they are not to be deprived of the blessing of Viaticum. The letter concludes by reminding the Bishop that, henceforth, he has been cautioned against the counsel of such persons. ^[20]

Although the norm, as is proper for legislation, does not comment on the reason for the severe discipline, it is clear that the action of Bishop Januarius was in public violation of the divine precept to avoid servile labor on the Lord’s Day. Clearly, the scandal caused was greater because the sin was committed by a bishop.

The Decree of Gratian also quotes the discipline from the Council of Carthage that an excommunicated bishop or priest who receives Holy Communion before a hearing is judged to have passed upon himself a judgment of condemnation. ^[21]. Once again, the case of denying Holy Communion involves a public and grave sin, which until it has been addressed through an ecclesiastical hearing, demands that the bishop or priest be refused Holy Communion.

In addition, the Decree of Gratian quotes the discipline of the Council of Agde or Montpellier: <<And we have judged that murderers and false witnesses are to be kept from ecclesiastical communion, unless their crimes will have been absolved by the satisfaction of penitence>>. ^[22]The cases which demand refusal of Holy Communion are seen to include murder and false witness, both public acts involving grave matter. Until the guilty party has been absolved of the grave sin, his reception of Holy Communion would constitute sacrilege and would give scandal to others, leading them to confusion regarding the sacredness of the Most Blessed Sacrament.

In the Decree of Gratian, we also find a quotation from a letter of Cyprian Euricacius to a confrère, in which he responds to a request for counsel regarding the question of whether a certain charlatan and sorcerer ought to be given Holy Communion. The question makes reference to the fact that the person in question perseveres in the shamefulness of his art, becoming a teacher and expert for children who, because of his bad example, are not educated but are led astray ^[23]. It further references the truth that evil taught to some also reaches others, which seems to be a clear reference to scandal. The response is: <<I think that it is neither congruent with the divine majesty or evangelical discipline, in order that the modesty and honor of the Church not be sullied by such an indecent and infamous contagion>>. ^[24]

In the Decretals of Pope Gregory IX, we find the decree of the Third Lateran Council, which established that <<manifest usurers are not to be admitted to the communion of the altar>>. The decree also denied ecclesiastical burial to an unrepentant usurer, mandated that their offerings were not to be accepted, and suspended from the execution of his office the cleric who would accept their offerings, until, in the judgment of his Bishop, he had returned the offerings ^[25].

From the Decretal Law, it is clear that Church discipline places an obligation on the minister of Holy Communion to refuse Holy Communion to persons known, by the public, to be in mortal sin. The discipline, faithful to the teaching of Saint Paul, safeguards the recognition of the most sacred nature of the Holy Eucharist, preventing public sinners from inflicting further grave damage upon their souls through the unworthy reception of the Holy Eucharist and safeguarding the faithful from the inevitable confusion regarding the sacredness of the Sacrament, which is caused by the admission of manifest and grave sinners to the reception of Holy Communion.

4. Rituale Romanum of 1614

The Rituale Romanum published by Pope Paul V on June 17, 1614, presents the discipline of the Church regarding the Sacraments and sacramentals, in accord with the reforms of the Council of Trent. It was published principally for the use of priests, even as the Pontificale Romanum and Caeremoniale Episcoporum were published, in 1595-1596 and 1600, respectively, for the bishops. It is a universal vademecum for priests in what is their principal and highest activity, the celebration of the Sacraments and sacramentals.

In the section, “On the Most Holy Sacrament of the Eucharist” (De Sanctissimo Eucharistiae Sacramento), the priests are reminded that the Holy Eucharist contains <<the principal and greatest gift of God, Christ the Lord, the very author and font of all grace and holiness>>. ^[26]They are, therefore, urged to put forth the greatest effort in the reverence before and care of the Most Blessed Sacrament, on their own part, and in the worship and holy reception of the Sacrament, on the part of the faithful in their pastoral care. The priests are reminded of the specific instructions which they should give to the faithful in preparing to receive and in receiving Holy Communion.

The discipline regarding the reservation of the Holy Eucharist in the tabernacle and the tabernacle itself is given in detail. The parish priest is reminded that he is to take care that everything ordered to the worship of the Most Blessed Sacrament be intact and clean, and be maintained so. ^[27] The care of the sacred linens and vessels is a very concrete expression of the integral respect owed to the Most Blessed Sacrament, as Saint Francis of Assisi had declared in his succinct admonition to the clergy regarding the care to be given to the Holy Eucharist.

Regarding the ministering of the Sacrament to the faithful, the Rituale Romanum established:

All the faithful are to be admitted to Holy Communion, except those who are prohibited for a just reason. The publicly unworthy, which are the excommunicated, those under interdict, and the manifestly infamous, such as prostitutes, those cohabiting, usurers, sorcerers, fortune-tellers, blasphemers and other sinners of the public kind, are, however, to be prevented, unless their penitence and amendment has been established and they will have repaired the public scandal. ^[28]

The discipline by which those persevering in manifest and grievous sin are kept from receiving Holy Communion is seen as integral to the worship and care of the Holy Eucharist. The responsibility of the Church in the matter clearly rests with the priest as the minister of the Sacrament, lest the greatest good of the Church be violated, the communicant commit sacrilege, and the faithful, in general, be scandalized.

The language of the discipline reflects the language of the Decretal Law. The same language will be found in the subsequent articulation of the Church’s discipline.

The Rituale Romanum concludes the instruction to the priests by taking up three other cases of persons to whom it may be necessary to refuse Holy Communion. The first case involves occult grievous sinners who ask for Holy Communion. If they ask occultly and the priest does not recognize them as having amended their life, he is to refuse Holy Communion to them. If, however, they publicly seek the Sacrament and the priest cannot deny the Sacrament to them without causing scandal, then he is to give Holy Communion to them.

Here, it is necessary to note two meanings of the term, scandal, in Church discipline. The first and properly theological meaning of scandal is to do or omit something which leads others into error or sin. The second meaning is to do or omit something which causes wonderment (admiratio) in others. Denying Holy Communion publicly to the occult sinner involves scandal in the second sense. Giving Holy Communion to the obstinately serious and public sinner involves scandal in the first sense.

The second case involves persons suffering from mental illness. The third case involves those who, because of senility, no longer recognize the Sacrament ^[29].

In the section, “On the Communion of the Sick” (De Communione infirmorum), the priests are urged to employ the greatest effort and diligence in providing Viaticum to the sick, lest, through the pastor’s lack of attention, the sick die without the Blessed Sacrament. The priests, however, are cautioned lest, to the scandal of others, they give Holy Communion to the unworthy. The following groups of people are listed as examples of the unworthy: <<public usurers; the cohabiting; the notoriously criminal, namely, the excommunicated or the denounced, unless beforehand they will have purified themselves by holy Confession, and will have repaired, as according to the law, the public offense>>. ^[30] The discipline set forth, with its particular application to the case of the sick and the dying, is the same as that articulated in the section on the Holy Eucharist.

5. Pope Benedict XIV

In order to understand the discipline of can. 915 of the Code of Canon Law, it is important to review briefly the teaching of Pope Benedict XIV, the noted canonist Prospero Lambertini, in the matter. Pope Benedict XIV served as Successor of Saint Peter from August 17, 1740, until his death on May 3, 1758. The case in which his teaching is set forth concerns the followers of Pasquier Quesnel (1634-1719).

Pope Clement XI (1700-1721), by his Constitution Unigenitus Dei Filius of September 8, 1713, condemned certain propositions taken from the writings of Quesnel, a French Oratorian who fell into the errors of Jansenism and Gallicanism. ^[31] Sadly, Quesnel refused correction and became obstinate in his errors. As is not uncommon in the history of the Church, he gained a following.

Pope Benedict XIV had to address the question regarding whether adherents to the errors of Quesnel might be admitted to receive Holy Communion as Viaticum ^[32]. In his Encyclical Letter Ex omnibus, to the Cardinals, Archbishops and Bishops of the Kingdom of France (“Regni Galliarum”), dated October 16, 1756, he responded that <<inasmuch as they are publicly and notoriously obstinate before the just mentioned Constitution, it is to be denied to them; assuredly from the general rule which forbids that a public and notorious sinner be admitted to participation of Eucharistic Communion, whether he publicly or privately requests it>>. ^[33]

Pope Benedict XIV goes on to provide pastoral instructions for those ministering to a person who is believed to be obstinate in holding to Quesnel’s errors. He urges a personal and calm and understanding approach to ascertain the truth regarding the individual’s conscience. If the individual holds to the errors which endanger his or her eternal salvation, the Holy Father urges the minister of Holy Communion to point out that receiving the Body of Christ will not make him secure before the tribunal of Christ but rather guilty of a new and more detestable sin, because he has eaten and drunk judgment on himself. ^[34] The allusion is clearly to Saint Paul’s First Letter to the Corinthians (1Cor 11,27-29).

6. Synodal Legislation of the Eastern Churches

The discipline regarding the denial of Holy Communion to public sinners is also clearly enunciated in the synodal legislation of the Eastern Churches. For example, in 1599, the Malabar Church of southern India held a synod in the city of Diamper, which was convoked by the Latin Archbishop of Goa, Alexius de Menezes ^[35]. Decree III of the Synod of Diamper, referring to the teaching of Saint Paul in the First Letter to the Corinthians, declared:

Wherefore, it is not permitted to give this Sacrament to public sinners, until they will have given up their sins, such as are public sorcerers, prostitutes, the publicly cohabiting, and those who publicly profess hatreds without reconciliation. ^[36]

The decree in question also gives careful instruction regarding the vigilance of the local vicars, lest they sin gravely by offering the Sacrament to public sinners.

In 1720, the Ruthenian Church held a provincial council at Zamostia, in which the Apostolic Nuncio, the metropolitan archbishop, 7 bishops, 8 major superiors of religious, and 129 members of the secular and regular clergy participated. ^[37] Regarding the denial of Holy Communion, the Synod made its own the perennial discipline of the Church:

Lest occasion be given to some scandal or loss of good name, the Holy Eucharist is not to be denied to the unworthy sinner because of some secret sin, above all, if the priest giving Communion will have received news of it from the confession of the sinner himself, seeking publicly the Eucharist. Heretics, schismatics, the excommunicated, the interdicted, public criminals, the openly infamous, as also prostitutes, the publicly cohabiting, major usurers, fortune-tellers, and other evil-doing men of the same kind, however, are not to be admitted to the reception of this Sacrament, according to the precept of Christ: <<Do not give the Holy to dogs>>. ^[38]</sup