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Title: |
Apostolicae Curae
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Descr.: |
On The Nullity Of Anglican Orders
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Pope: |
Pope Leo XIII
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Date: |
September, 1896
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In
Perpetual Remembrance
1.
We have dedicated to the welfare of the noble English nation no
small portion of the Apostolic care and charity by which, helped
by His grace, we endeavor to fulfill the office and follow in the
footsteps of "the Great Pastor of the sheep," Our Lord
Jesus Christ. The letter which last year we sent to the English
seeking the Kingdom of Christ in the unity of the faith is a
special witness of our good will towards England. In it we
recalled the memory of the ancient union of the people with Mother
Church, and we strove to hasten the day of a happy reconciliation
by stirring up men's hearts to offer diligent prayer to God. And,
again, more recently, when it seemed good to Us to treat more
fully the unity of the Church in a General Letter, England had not
the last place in our mind, in the hope that our teaching might
both strengthen Catholics and bring the saving light to those
divided from us. It is pleasing to acknowledge the generous way in
which our zeal and plainness of speech, inspired by no mere human
motives, have met the approval of the English people, and this
testifies not less to their courtesy than to the solicitude of
many for their eternal salvation.
2.
With the same mind and intention, we have now determined to turn
our consideration to a matter of no less importance, which is
closely connected with the same subject and with our desires.
3.
For an opinion already prevalent, confirmed more than once by the
action and constant practice of the Church, maintained that when
in England, shortly after it was rent from the center of Christian
Unity, a new rite for conferring Holy Orders was publicly
introduced under Edward VI, the true Sacrament of Order as
instituted by Christ lapsed, and with it the hierarchical
succession. For some time, however, and in these last years
especially, a controversy has sprung up as to whether the Sacred
Orders conferred according to the Edwardine Ordinal possessed the
nature and effect of a Sacrament, those in favor of the absolute
validity, or of a doubtful validity, being not only certain
Anglican writers, but some few Catholics, chiefly non-English. The
consideration of the excellency of the Christian priesthood moved
Anglican writers in this matter, desirous as they were that their
own people should not lack the twofold power over the Body of
Christ. Catholic writers were impelled by a wish to smooth the way
for the return of Anglicans to holy unity. Both, indeed, thought
that in view of studies brought up to the level of recent
research, and of new documents rescued from oblivion, it was not
inopportune to reexamine the question by our authority.
4.
And we, not disregarding such desires and opinions, above all,
obeying the dictates of apostolic charity, have considered that
nothing should be left untried that might in any way tend to
preserve souls from injury or procure their advantage. It has,
therefore, pleased Us to graciously permit the cause to be
reexamined, so that, through the extreme care taken in the new
examination, all doubt, or even shadow of doubt, should be removed
for the future.
5.
To this end we commissioned a certain number of men noted for
their learning and ability, whose opinions in this matter were
known to be divergent, to state the grounds of their judgment in
writing. We then, having summoned them to our person, directed
them to interchange writings, and further to investigate and
discuss all that was necessary for a full knowledge of the matter.
We were careful, also, that they should be able to reexamine all
documents bearing on this question which were known to exist in
the Vatican archives, to search for new ones, and even to have at
their disposal all acts relating to this subject which are
preserved by the Holy Office or, as it is called, the Supreme
Council and to consider whatever had up to this time been adduced
by learned men on both sides. We ordered them, when prepared in
this way, to meet together in special sessions. These to the
number of twelve were held under the presidency of one of the
Cardinals of the Holy Roman Church, appointed by ourself, and all
were invited to free discussion. Finally, we directed that the
acts of these meetings, together with all other documents, should
be submitted to our venerable brethren, the Cardinals of the same
Council, so that when all had studied the whole subject, and
discussed it in our presence, each might give his own opinion.
6.
This order for discussing the matter having been determined upon,
it was necessary, with a view to forming a true estimate of the
real state of the question, to enter upon it, after careful
inquiry as to how the matter stood in relation to the prescription
and settled custom of the Apostolic See, the origin and force of
which custom it was undoubtedly of great importance to determine.
7.
For this reason, in the first place, the principal documents in
which our predecessors, at the request of Queen Mary, exercised
their special care for the reconciliation of the English Church
were considered. Thus Julius III sent Cardinal Reginald Pole, an
Englishman, and illustrious in many ways, to be his Legate a
latere for the purpose, "as his angel of peace and
love," and gave him extraordinary and unusual mandates or
faculties and directions for his guidance. These Paul IV confirmed
and explained.
8.
And here, to interpret rightly the force of these documents, it is
necessary to lay it down as a fundamental principle that they were
certainly not intended to deal with an abstract state of things,
but with a specific and concrete issue. For since the faculties
given by these pontiffs to the Apostolic Legate had reference to
England only, and to the state of religion therein, and since the
rules of action were laid down by them at the request of the said
Legate, they could not have been mere directions for determining
the necessary conditions for the validity of ordinations in
general. They must pertain directly to providing for Holy Orders
in the said kingdom, as the recognized condition of the
circumstances and times demanded. This, besides being clear from
the nature and form of the said documents, is also obvious from
the fact that it would have been altogether irrelevant thus to
instruct the Legate one whose learning had been conspicuous in the
Council of Trent as to the conditions necessary for the bestowal
of the Sacrament of Order.
9.
To all rightly estimating these matters it will not be difficult
to understand why, in the Letters of Julius III, issued to the
Apostolic Legate on 8 March 1554, there is a distinct mention,
first of those who, "rightly and lawfully promoted,"
might be maintained in their orders: and then of others who,
"not promoted to Holy Orders" might "be promoted if
they were found to be worthy and fitting subjects". For it is
clearly and definitely noted, as indeed was the case, that there
were two classes of men; the first of those who had really
received Holy Orders, either before the secession of Henry VIII,
or, if after it, and by ministers infected by error and schism,
still according to the accustomed Catholic rite; the second, those
who were initiated according to the Edwardine Ordinal, who on that
account could not be "promoted", since they had received
an ordination which was null.
10.
And that the mind of the Pope was this, and nothing else, is
clearly confirmed by the letter of the said Legate (29 January
1555), sub-delegating his faculties to the Bishop of Norwich.
Moreover, what the letters of Julius III themselves say about
freely using the pontifical faculties, even on behalf of those who
had received their consecration "irregularly (minus rite) and
not according to the accustomed form of the Church," is to be
especially noted. By this expression those only could be meant who
had been consecrated according to the Edwardine rite, since
besides it and the Catholic form there was then no other in
England.
11.
This becomes even still clearer when we consider the Legation
which, on the advice of Cardinal Pole, the Sovereign Princes,
Philip and Mary, sent to the Pope in Rome in the month of
February, 1555. The Royal Ambassadors, three men "most
illustrious and endowed with every virtue," of whom one was
Thomas Thirlby, Bishop of Ely were charged to inform the Pope more
fully as to the religious condition of the country, and especially
to beg that he would ratify and confirm what the Legate had been
at pains to effect, and had succeeded in effecting, towards the
reconciliation of the Kingdom with the Church. For this purpose,
all the necessary written evidence and the pertinent parts of the
new Ordinal were submitted to the Pope. The Legation having been
splendidly received, and their evidence having been
"diligently discussed," by several of the Cardinals,
"after mature deliberation," Paul IV issued his Bull
Praeclara Charissimi on June 20 of that same year. In this, whilst
giving full force and approbation to what Pole had done, it is
ordered in the matter of the Ordinations as follows:
Those
who have been promoted to ecclesiastical Orders ...by any one but
a Bishop validly and lawfully ordained are bound to receive those
Orders again.
12.
But who those Bishops not "validly and lawfully
ordained" were had been made sufficiently clear by the
foregoing documents and the faculties used in the said matter by
the Legate; those, namely, who have been promoted to the
Episcopate, as others to other Orders, "not according to the
accustomed form of the Church," or, as the Legate himself
wrote to the Bishop of Norwich, "the form and intention of
the Church," not having been observed. These were certainly
those promoted according to the new form of rite, to the
examination of which the Cardinals specially deputed had given
their careful attention. Neither should the passage much to the
point in the same Pontifical Letter be overlooked, where, together
with others needing dispensation are enumerated those "who
had obtained both Orders as well as benefices nulliter et de
facto." For to obtain orders nulliter means the same as by
act null and void, that is invalid, as the very meaning of the
word and as common parlance require. This is specially clear when
the word is used in the same way about Orders as about
"ecclesiastical benefices". These, by the undoubted
teaching of the sacred canons, were clearly null if given with any
vitiating defect.
13
Moreover, when some doubted as to who, according to the mind of
the pontiff, could be called and considered bishops "validly
and lawfully ordained," the said Pope shortly after, on
October 30, issued a further letter in the form of a brief and
said: "we, desiring to wholly remove such doubt, and to
opportunely provide for the peace of conscience of those who
during the aforementioned schism were promoted to Holy Orders, by
clearly stating the meaning and intention which we had in our said
letters, declare that it is only those bishops and archbishops who
were not ordained and consecrated in the form of the Church that
can not be said to be duly and rightly ordained..."
14.
Unless this declaration had applied to the actual case in England,
that is to say, to the Edwardine Ordinal, the Pope would certainly
have done nothing by this last letter for the removal of doubt and
the restoration of peace of conscience. Further, it was in this
sense that the Legate understood the documents and commands of the
Apostolic See, and duly and conscientiously obeyed them; and the
same was done by Queen Mary and the rest who helped to restore
Catholicism to its former state.
15.
The authority of Julius III, and of Paul IV, which we have quoted,
clearly shows the origin of that practice which has been observed
without interruption for more than three centuries, that
Ordinations conferred according to the Edwardine rite should be
considered null and void. This practice is fully proved by the
numerous cases of absolute re-ordination according to the Catholic
rite even in Rome.
16.
In the observance of this practice we have a proof directly
affecting the matter in hand. For if by any chance doubt should
remain as to the true sense in which these pontifical documents
are to be understood, the principle holds good that "Custom
is the best interpreter of law." Since in the Church it has
ever been a constant and established rule that it is sacrilegious
to repeat the Sacrament of Order, it never could have come to pass
that the Apostolic See should have silently acquiesced in and
tolerated such a custom. But not only did the Apostolic See
tolerate this practice, but approved and sanctioned it as often as
any particular case arose which called for its judgment in the
matter.
17.
We adduce two cases of this kind out of many which have from time
to time been submitted to the Supreme Council of the Holy Office.
The first was (in 1684) of a certain French Calvinist, and the
other (in 1704) of John Clement Gordon, both of whom had received
their orders according to the Edwardine ritual.
18.
In the first case, after a searching investigation, the Consultors,
not a few in number, gave in writing their answers or as they call
it, their vota and the rest unanimously agreed with their
conclusion, "for the invalidity of the Ordination," and
only on account of reasons of opportuneness did the Cardinals deem
it well to answer with a dilata (viz., not to presently formulate the
conclusion).
19.
The same documents were called into use and considered again in
the examination of the second case, and additional written
statements of opinion were also obtained from Consultors, and the
most eminent doctors of the Sorbonne and of Douai were likewise
asked for their opinion. No safeguard which wisdom and prudence
could suggest to ensure the thorough sifting of the question was
neglected.
20.
And here it is important to observe that, although Gordon himself,
whose case it was, and some of the Consultors, had adduced amongst
the reasons which went to prove the invalidity, the Ordination of
Parker, according to their own ideas about it, in the delivery of
the decision this reason was altogether set aside, as documents of
incontestable authenticity prove. Nor, in pronouncing the
decision, was weight given to any other reason than the
"defect of form and intention"; and in order that the
judgment concerning this form might be more certain and complete,
precaution was taken that a copy of the Anglican Ordinal should be
submitted to examination, and that with it should be collated the
ordination forms gathered together from the various Eastern and
Western rites. Then Clement XI himself, with the unanimous vote of
the Cardinals concerned, on Thursday 17 April 1704, decreed:
"John
Clement Gordon shall be ordained from the beginning and
unconditionally to all the orders, even Holy Orders, and chiefly
of Priesthood, and in case he has not been confirmed, he shall
first receive the Sacrament of Confirmation."
21.
It is important to bear in mind that this judgment was in no wise
determined by the omission of the tradition of instruments, for in
such a case, according to the established custom, the direction
would have been to repeat the ordination conditionally, and still
more important is it to note that the judgment of the pontiff
applies universally to all Anglican ordinations, because, although
it refers to a particular case, it is not based upon any reason
special to that case, but upon the defect of form, which defect
equally affects all these ordinations, so much so, that when
similar cases subsequently came up for decision, the same decree
of Clement XI was quoted as the norm.
22.
Hence it must be clear to everyone that the controversy lately
revived had already been definitely settled by the Apostolic See,
and that it is to the insufficient knowledge of these documents
that we must, perhaps, attribute the fact that any Catholic writer
should have considered it still an open question.
23.
But, as we stated at the beginning, there is nothing we so deeply
and ardently desire as to be of help to men of good will by
showing them the greatest consideration and charity. Wherefore, we
ordered that the Anglican Ordinal, which is the essential point of
the whole matter, should be once more most carefully examined.
24.
In the examination of any rite for the effecting and administering
of Sacraments, distinction is rightly made between the part which
is ceremonial and that which is essential, the latter being
usually called the "matter and form". All know that the
Sacraments of the New Law, as sensible and efficient signs of
invisible grace, ought both to signify the grace which they
effect, and effect the grace which they signify. Although the
signification ought to be found in the whole essential rite, that
is to say, in the "matter and form", it still pertains
chiefly to the "form"; since the "matter" is
the part which is not determined by itself, but which is
determined by the "form". And this appears still more
clearly in the Sacrament of Order, the "matter" of
which, in so far as we have to consider it in this case, is the
imposition of hands, which, indeed, by itself signifies nothing
definite, and is equally used for several Orders and for
Confirmation.
25.
But the words which until recently were commonly held by Anglicans
to constitute the proper form of priestly ordination namely,
"Receive the Holy Ghost," certainly do not in the least
definitely express the sacred Order of Priesthood (sacerdotium) or
its grace and power, which is chiefly the power "of
consecrating and of offering the true Body and Blood of the
Lord" (Council of Trent, Sess. XXIII, de Sacr. Ord., Canon
1) in that sacrifice which is no "bare commemoration of the
sacrifice offered on the Cross" (Ibid, Sess XXII., de Sacrif.
Missae, Canon 3).
26.
This form had, indeed, afterwards added to it the words "for
the office and work of a priest," etc.; but this rather shows
that the Anglicans themselves perceived that the first form was
defective and inadequate. But even if this addition could give to
the form its due signification, it was introduced too late, as a
century had already elapsed since the adoption of the Edwardine
Ordinal, for, as the Hierarchy had become extinct, there remained
no power of ordaining.
27.
In vain has help been recently sought for the plea of the validity
of Anglican Orders from the other prayers of the same Ordinal.
For, to put aside other reasons which show this to be insufficient
for the purpose in the Anglican rite, let this argument suffice
for all. From them has been deliberately removed whatever sets
forth the dignity and office of the priesthood in the Catholic
rite. That "form" consequently cannot be considered apt
or sufficient for the Sacrament which omits what it ought
essentially to signify.
28.
The same holds good of episcopal consecration. For to the formula,
"Receive the Holy Ghost", not only were the words
"for the office and work of a bishop", etc. added at a
later period, but even these, as we shall presently state, must be
understood in a sense different to that which they bear in the
Catholic rite. Nor is anything gained by quoting the prayer of the
preface, "Almighty God", since it, in like manner, has
been stripped of the words which denote the summum sacerdotium.
29.
It is not relevant to examine here whether the episcopate be a
completion of the priesthood, or an order distinct from it; or
whether, when bestowed, as they say per saltum, on one who is not
a priest, it has or has not its effect. But the episcopate
undoubtedly, by the institution of Christ, most truly belongs to
the Sacrament of Order and constitutes the sacerdotium in the
highest degree, namely, that which by the teaching of the Holy
Fathers and our liturgical customs is called the Summum
sacerdotium sacri ministerii summa. So it comes to pass that, as
the Sacrament of Order and the true sacerdotium of Christ were
utterly eliminated from the Anglican rite, and hence the
sacerdotium is in no wise conferred truly and validly in the
episcopal consecration of the same rite, for the like reason,
therefore, the episcopate can in no wise be truly and validly
conferred by it, and this the more so because among the first
duties of the episcopate is that of ordaining ministers for the
Holy Eucharist and [the Eucharistic Sacrifice].
30.
For the full and accurate understanding of the Anglican Ordinal,
besides what we have noted as to some of its parts, there is
nothing more pertinent than to consider carefully the
circumstances under which it was composed and publicly authorized.
It would be tedious to enter into details, nor is it necessary to
do so, as the history of that time is sufficiently eloquent as to
the animus of the authors of the Ordinal against the Catholic
Church; as to the abettors whom they associated with themselves
from the heterodox sects; and as to the end they had in view.
Being fully cognizant of the necessary connection between faith
and worship, between "the law of believing and the law of
praying", under a pretext of returning to the primitive form,
they corrupted the Liturgical Order in many ways to suit the
errors of the reformers. For this reason, in the whole Ordinal not
only is there no clear mention of the [Eucharistic Sacrifice], of consecration,
of the priesthood (sacerdotium), and of the power of consecrating
and offering [the Eucharistic sacrifice] but, as we have just stated, every trace of
these things which had been in such prayers of the Catholic rite
as they had not entirely rejected, was deliberately removed and
struck out.
31.
In this way, the native character or spirit as it is called of the
Ordinal clearly manifests itself. Hence, if, vitiated in its
origin, it was wholly insufficient to confer Orders, it was
impossible that, in the course of time, it would become
sufficient, since no change had taken place. In vain those who,
from the time of Charles I, have attempted to hold some kind of
[Eucharistic Sacrifice] or of priesthood, have made additions to the Ordinal. In
vain also has been the contention of that small section of the
Anglican body formed in recent times that the said Ordinal can be
understood and interpreted in a sound and orthodox sense. Such
efforts, we affirm, have been, and are, made in vain, and for this
reason, that any words in the Anglican Ordinal, as it now is,
which lend themselves to ambiguity, cannot be taken in the same
sense as they possess in the Catholic rite. For once a new rite
has been initiated in which, as we have seen, the Sacrament of
Order is adulterated or denied, and from which all idea of
consecration and sacrifice has been rejected, the formula,
"Receive the Holy Ghost", no longer holds good, because
the Spirit is infused into the soul with the grace of the
Sacrament, and so the words "for the office and work of a
priest or bishop", and the like no longer hold good, but
remain as words without the reality which Christ instituted.
32.
Many of the more shrewd Anglican interpreters of the Ordinal have
perceived the force of this argument, and they openly urge it
against those who take the Ordinal in a new sense, and vainly
attach to the Orders conferred thereby a value and efficacy which
they do not possess. By this same argument is refuted the
contention of those who think that the prayer, "Almighty God,
giver of all good Things", which is found at the beginning of
the ritual action, might suffice as a legitimate "form"
of Orders, even in the hypothesis that it might be held to be
sufficient in a Catholic rite approved by the Church.
33.
With this inherent defect of "form" is joined the defect
of "intention" which is equally essential to the
Sacrament. The Church does not judge about the mind and intention,
in so far as it is something by its nature internal; but in so far
as it is manifested externally she is bound to judge concerning
it. A person who has correctly and seriously used the requisite
matter and form to effect and confer a sacrament is presumed for
that very reason to have intended to do (intendisse) what the
Church does. On this principle rests the doctrine that a Sacrament
is truly conferred by the ministry of one who is a heretic or
unbaptized, provided the Catholic rite be employed. On the other
hand, if the rite be changed, with the manifest intention of
introducing another rite not approved by the Church and of
rejecting what the Church does, and what, by the institution of
Christ, belongs to the nature of the Sacrament, then it is clear
that not only is the necessary intention wanting to the Sacrament,
but that the intention is adverse to and destructive of the
Sacrament.
34.
All these matters have been long and carefully considered by
ourselves and by our venerable brethren, the Judges of the Supreme
Council, of whom it has pleased Us to call a special meeting upon
the 16th day of July last, the solemnity of Our Lady of Mount
Carmel. They with one accord agreed that the question laid before
them had been already adjudicated upon with full knowledge of the
Apostolic See, and that this renewed discussion and examination of
the issues had only served to bring out more clearly the wisdom
and accuracy with which that decision had been made. Nevertheless,
we deemed it well to postpone a decision in order to afford time
both to consider whether it would be fitting or expedient that we
should make a fresh authoritative declaration upon the matter, and
to humbly pray for a fuller measure of divine guidance.
35.
Then, considering that this matter, although already decided, had
been by certain persons for whatever reason recalled into
discussion, and that thence it might follow that a pernicious
error would be fostered in the minds of many who might suppose
that they possessed the Sacrament and effects of Orders, where
these are nowise to be found, it seemed good to Us in the Lord to
pronounce our judgment.
36.
Wherefore, strictly adhering, in this matter, to the decrees of
the pontiffs, our predecessors, and confirming them most fully,
and, as it were, renewing them by our authority, of our own
initiative and certain knowledge, we pronounce and declare that
ordinations carried out according to the Anglican rite have been,
and are, absolutely null and utterly void.
37.
It remains for Us to say that, even as we have entered upon the
elucidation of this grave question in the name and in the love of
the Great Shepherd, in the same we appeal to those who desire and
seek with a sincere heart the possession of a hierarchy and of
Holy Orders.
38. Perhaps until now aiming at the greater
perfection of Christian virtue, and searching more devoutly the
divine Scriptures, and redoubling the fervor of their prayers,
they have, nevertheless, hesitated in doubt and anxiety to follow
the voice of Christ, which so long has interiorly admonished them.
Now they see clearly whither He in His goodness invites them and
wills them to come. In returning to His one only fold, they will
obtain the blessings which they seek, and the consequent helps to
salvation, of which He has made the Church the dispenser, and, as
it were, the constant guardian and promoter of His redemption
amongst the nations. Then, indeed, "They shall draw waters in
joy from the fountains of the Savior", His wondrous
Sacraments, whereby His faithful souls have their sins truly
remitted, and are restored to the friendship of God, are nourished
and strengthened by the heavenly Bread, and abound with the most
powerful aids for their eternal salvation. May the God of peace,
the God of all consolation, in His infinite tenderness, enrich and
fill with all these blessings those who truly yearn for them.
39.
We wish to direct our exhortation and our desires in a special way
to those who are ministers of religion in their respective
communities. They are men who from their very office take
precedence in learning and authority, and who have at heart the
glory of God and the salvation of souls. Let them be the first in
joyfully submitting to the divine call and obey it, and furnish a
glorious example to others. Assuredly, with an exceeding great
joy, their Mother, the Church, will welcome them, and will cherish
with all her love and care those whom the strength of their
generous souls has, amidst many trials and difficulties, led back
to her bosom. Nor could words express the recognition which this
devoted courage will win for them from the assemblies of the
brethren throughout the Catholic world, or what hope or confidence
it will merit for them before Christ as their Judge, or what
reward it will obtain from Him in the heavenly kingdom! And we,
ourselves, in every lawful way, shall continue to promote their
reconciliation with the Church in which individuals and masses, as
we ardently desire, may find so much for their imitation. In the
meantime, by the tender mercy of the Lord our God, we ask and
beseech all to strive faithfully to follow in the path of divine
grace and truth.
40.
We decree that these letters and all things contained therein
shall not be liable at any time to be impugned or objected to by
reason of fault or any other defect whatsoever of subreption or
obreption of our intention, but are and shall be always valid and
in force and shall be inviolably observed both juridically and
otherwise, by all of whatsoever degree and preeminence, declaring
null and void anything which, in these matters, may happen to be
contrariwise attempted, whether wittingly or unwittingly, by any
person whatsoever, by whatsoever authority or pretext, all things
to the contrary notwithstanding.
41.
We will that there shall be given to copies of these letters, even
printed, provided that they be signed by a notary and sealed by a
person constituted in ecclesiastical dignity, the same credence
that would be given to the expression of our will by the showing
of these presents.
Given
at Rome, at St. Peter's, in the year of the Incarnation of Our
Lord, one thousand eight hundred and ninety-six, on the Ides of
September, in the nineteenth year of our pontificate.
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