The purpose of this paper is to understand the canon 1167 and apply it in some pastoral situations. In order to understand the original meaning, the comparison in different versions (English and Vietnamese) should be done to deal with the issue of translations. At the same time, some important terms should be clarified in relation with other canons so the canon can be interpreted in union as a book. When the technical terms are understood, this canon can be applied to some questions in the pastoral situation.
The term sacramentalia - sacramentals has been defined by the canon 1166 – Sacramentals are “sacred signs by which effects, especially spiritual effects, are signified in some imitation of the sacraments and are obtained through the intercession of the Church.” It defines that sacramentals and sacraments are similar as sacred signs – signify and bring spiritual effects, therefore they are visible signs for invisible graces and belong to the economical salvation of God. In another words, God uses God’s creation to communicate God’s grace with human beings. However, sacramentals and sacraments are different in that sacraments were instituted by Christ (can. 840) and sacramentals were established by the Apostolic See. Therefore, there are only seven sacraments, and this number cannot be changed. However, the number of sacramentals can be changed by the Church. There was a translation issue in the Vietnamese version with the technical term “Á Bí Tích” which can be misunderstood. Because a sacramental can be considered as an unfulfilled sacrament therefore it can become a sacrament when the Church fulfills it. There is the same issue with the term “thiết lập” used to translate two different terms: instituo (institute)[5] and constituo (establish). These words used to emphasize the act of Christ (begin/initiate) are different with the function of the Apostolic See (confirm).[6] In other words, the sacraments cannot be changed because they are like divine law (instituted by God) while sacramentals can be abolished or changed because they are like the law of the Church (established by the Church). Therefore, the English translation is clear to clarify the §1 of the canon 1167 that Apostolic see can establish/ not institute new sacramentals but cannot establish a new sacrament. For pastoral application, the pastor should clarify the difference between sacraments and sacramentals. The faithful people have the right to understand that God’s grace is always with them and the sacraments entrusted to the Church therefore God’s grace as sacraments is ex opere operato (by the work worked). The Grace of God is not affected by the holiness of the minister or the receiver. In addition, a sacramental is ex operantis Ecclesiae (from the work of the working Church) so the Church with participation of the faithful worship God and intercede for spiritual effects. In short, the Church is called to be holy in worshiping with God’s Grace, so God’s Grace is always in God’s people even without holiness. The Church was entrusted and has authority to fulfil its sanctifying function.
The term sola (alone) should be interpreted in order to understand the authority of Apostolic See over the Sacramentals. The canon 1167 mentioned the authority of Apostolic See over Sacramentals in the §1 with three important actions: establish, authentically interpret, and abolish/change. It can be understood that the Apostolic See makes the final determination on those actions, but it is not meant to be a total and exclusive authority.[7] In the liturgical dimension, for the most part the Code does not define the rites which must be observed in celebrating liturgical actions (can. 2). Furthermore, the conferences of bishops and the diocesan bishops also take part in the authority over the liturgy which is mentioned in Vatican II[1] and in canons 835,838. Their authority over the sacramentals applies in the same way as for liturgical celebrations.[8] Establishment of new sacramentals can be interpreted that the Apostolic See can establish new classes of sacramentals rather than new sacramentals within the same category because the conference of bishops has authority to declare what the Apostolic See has established (can. 455). Therefore, sola should be understood as being general authority over the sacramentals rather than specific cases. The bishops can exercise their authority by revising and developing sacramentals to adapt to their situations. However, the new class of sacramentals cannot be promulgated until it has been confirmed/reviewed by the Holy See (canons 445, 838, §3). In pastoral work, someone may be asked to establish new sacramentals based on a custom in canon 26[9] because the custom can be based on the time of thirty or centenary year of practicing continuously. The pastor should announce that only the Apostolic See can establish sacramentals. For further information based on the understanding above, the process may start from the point that the custom be clarified if it is a form of sacramental (blessing or exorcism)[10] by the bishop’s conference. If it belongs to one of the categories, it can be declared as a kind of sacramental. However, it cannot be promulgated as a sacramental until it has been confirmed/reviewed by the Holy See.
In the §2 of canon 1167 repeated the well-known general rule that “no other person, even if he be a priest, may add, remove, or change anything in the liturgy on his own authority”. This rule was mentioned “in celebrating the sacraments” that “no one is to add, omit, or alter anything in them on one’s own authority” (can. 846, §1). Therefore, the sacramentals are to be celebrated according to the rites and formulas prescribed in the liturgical book.[11] In comparison with celebrating the sacraments, the term “accurate serventur” (observed carefully) was used instead of “fideliter serventur” (observed faithfully). One again, this is the sign for the difference between sacraments and sacramentals that the sacraments achieve their effects through the ritual action itself while sacramentals achieve their effects through the prayer of the Church. However, if someone without authorization makes some alterations this would bring invalidity because it can no longer be judged as substantially the rite approved by the Church. For example, “those marked with the episcopal character and presbyters permitted by law or legitimate grant can perform consecrations and dedications validly” (Can. 1169 §1). Therefore, an unauthorized minister would be considered juridically invalid. For pastoral application, can anybody become a minister of sacramentals? The authority of the Church will answer for this question depending on the different celebration of sacramentals “according to the norm of the liturgical books and to the judgment of the local ordinary lay persons who possess the appropriate qualities can also administer some sacramentals.” (Can. 1168). Can a minister of Holy Communion bless someone instead of receiving communion when he/she ask for it? For the sake of someone, everybody can bless another as a sign of peace. However, this kind of practice which is not an established sacramental should not be encouraged during the mass. Everybody who participates in the mass has the final blessing at the end of the mass. Therefore, the minister can act according to their conscience in different situations.
In conclusion, the canon 1167 has been interpreted by different comparisons and references from recognized academic sources. The canon can be understood as the general authority of the Apostolic See over the Sacramentals. It is not mean to be total and exclusive. It is like a circle which starts from the Apostolic See to the faithful. In the middle, the bishops have authority to revise and develop sacramentals for adaptation. When the need of the faithful for a new category of sacramentals arises, the bishop conferences will ask for confirmation from the Apostolic See so they can be established. Moreover, in celebration of sacramentals, the liturgical books should be observed carefully to exercise the intercession of the Church for spiritual effects.
[1] CODEX IURIS CANONICI. http://www.vatican.va/. Link: http://www.vatican.va/archive/cod-iuris-canonici/latin/documents/cic_liberIV_la.html . 01.01.2020.
[2] CODE OF CANON LAW. http://www.vatican.va/ . Link: http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib4-cann1166-1190_en.html#PART_II . 01.01.2020
[3] Đức Ông Nguyễn Văn Phương, Lm. Phan Tấn Thành, Lm. Vũ Văn Thiện, Lm. Mai Đức Vinh Trans. Bộ GIáo Luật – The Code of Canon Law. Prepared for Internet by Vietnamese Missionaries in Asia.
[4] J. A. Coriden, T. J. Green, D.E.Heintschel (Editors). The Code of Canon Law: A Text and Commentary. (Pauline Press, 1985). 834.
[5] Đức ông Nguyễn Văn Phương. Op.cit. Can. 840. “Các Bí Tích của Tân Ước do Chúa Giêsu thiết lập và ký thác cho Giáo Hội …”
[6] As verbs the difference between institute and establish is that institute is to begin or initiate (something) while establish is to make stable or firm; to confirm. https://wikidiff.com/institute/establish
[7] The Canon Law Society of America (CLSA). New Commentary on the Code of Canon Law. John P. Beal, James A. Coriden, Thomas J. Green Edit. (Paulist Press: NY,2000). 1402.
[8] CLSA. Op.cit.
[9] Unless the competent legislator has specifically approved it, a custom contrary to the canon law now in force or one beyond a canonical law (praeter legem canonicam) obtains the force of law only if it has been legitimately observed for thirty continuous and complete years. Only a centenary or immemorial custom, however, can prevail against a canonical law which contains a clause prohibiting future customs. http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib1-cann23-28_en.html
[10] Catechism of the Catholic Church. No. 1671-1673. https://www.vatican.va/archive/ENG0015/__P58.HTM
[11] CLSA. Op.cit.
