Letter 38
To my beloved brother,
The case you describe — a man who committed serious sin some years ago, who has lived penitentially since, who is now dying, and whose family is asking for his reconciliation and last rites — is one I want to think through carefully with you.
The old discipline was severe: certain sins placed a person in the order of public penitents, a formal status with specific requirements, and reconciliation required the completion of those requirements. This discipline served real purposes: it made clear the gravity of serious sin, it provided a structured path back to the community, and it maintained the distinction between the baptized Christian life and the life lived in violation of its basic requirements.
The pastoral reality, however, is that the old public penance is rarely used in its full form any longer, partly because its severity was such that people avoided it rather than entering it. A discipline so severe that no one will submit to it accomplishes nothing except excluding people permanently from the sacraments.
My judgment: the man you describe, who has shown genuine contrition and lived accordingly for years, should receive reconciliation and last rites. The formal requirements of the old penance were not met in their original form, but their substance — genuine repentance, genuine change of life — clearly was. I would not withhold the mercy of God from a dying man on procedural grounds when the reality of his conversion is evident.
Be sure you know the whole story before you act. If it is as you describe, act with mercy.
Braulio
Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.