Canon Law 1367

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Can you explain to me Canon Law 1367: “One who throws away the consecrated species or, for a sacrilegious purpose, takes them away or keeps them, incurs a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished with some other penalty, not excluding dismissal from the clerical state.”

How does this relate to children at a school mass taking the Eucharist out of their mouths during Mass after going back to their pew? Would they be automatically excommunicated? What would the children have to do to incur this penalty?
 
claforet said:
How does this relate to children at a school mass taking the Eucharist out of their mouths during Mass after going back to their pew?
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It does not relate at all.

Canon Law must be viewed as a whole. Canon #1323 precludes any form of excommunication, for any reason, for anyone under 16 years of age.

Canon #1321 precludes any form of excommunication upon anyone “unless it is gravely imputable by reason of malice or of culpability.”

In other words, no child (under age 16) can be excommunicated under any circumstances, and nobody can be excommunicated unless they fully understand and freely consent to the offense.

See trosch.org/law/cl-sanct.htm
 
DavidFilmer said:
It does not relate at all.

Canon Law must be viewed as a whole. Canon #1323 precludes any form of excommunication, for any reason, for anyone under 16 years of age.

Canon #1321 precludes any form of excommunication upon anyone “unless it is gravely imputable by reason of malice or of culpability.”

In other words, no child (under age 16) can be excommunicated under any circumstances, and nobody can be excommunicated unless they fully understand and freely consent to the offense.

See trosch.org/law/cl-sanct.htm
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If a woman has an abortion and knows that it is a grave sin but not that it carries automatic excommunication is that woman in a state of mortal sin but not excommunicated?
 
claforet said:
Can you explain to me Canon Law 1367: “One who throws away the consecrated species or, for a sacrilegious purpose, takes them away or keeps them, incurs a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished with some other penalty, not excluding dismissal from the clerical state.”

How does this relate to children at a school mass taking the Eucharist out of their mouths during Mass after going back to their pew? Would they be automatically excommunicated? What would the children have to do to incur this penalty?
Click to expand...
They would have to intend to take them or keep them specifically for a sacrilegious purpose. They would have to know that this is forbidden and choose to do it anyway. Highly unlikely for a child. This should not be taken to mean that a child cannot commit a Mortal sin.

These children should be spoken to and told that they are not to remove the Host from their mouth, the teachers should be alert to this or require these children to sit with an adult.
 
thistle said:
If a woman has an abortion and knows that it is a grave sin but not that it carries automatic excommunication is that woman in a state of mortal sin but not excommunicated?
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That would be “gravely imputable by reason of … culpability” and thus subject to latae sententiae excommunication as stipulated by Canon #1398.

If the three conditions necessary for culpability of mortal sin are fulfilled, and the offense has a *latae sententiae *(automatic) excommunication associated with it, then the excommunication is in effect.
 
claforet said:
How does this relate to children at a school mass taking the Eucharist out of their mouths during Mass after going back to their pew? Would they be automatically excommunicated? What would the children have to do to incur this penalty?
Click to expand...
a minor cannot be excommunicated. However it indicates a grave need for immediate action to rectify the situation with instruction, catechesis, and disciplinary action, and the parents should be involved. The children must be made to see the gravity of this, but in a context where teachers supply what is lacking–the understanding of the Real Presence of Christ in the Eucharist. The thoughtful teachers must also determine if this action was intentional, or out of ignorance, or possibly illness (feeling sick).
 
DavidFilmer said:
That would be “gravely imputable by reason of … culpability” and thus subject to latae sententiae excommunication as stipulated by Canon #1398.

If the three conditions necessary for culpability of mortal sin are fulfilled, and the offense has a *latae sententiae *(automatic) excommunication associated with it, then the excommunication is in effect.
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Hi DavidFilmer (and thistle),

If I understand what you are saying, I would have to disagree with you, based on canon 1324, which says (in paragraph 3) that a latae sententiae penalty does not apply to a person “who through no personal fault was unaware that a penalty was attached to the law.” (paragraph 1, no. 9).

So, the person also needs to know the penalty and not just be guilty of the sin.

Dan
 
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