Apostolicae
Curae
From Wikisource
On the Nullity of Anglican Orders
September 15, 1896
In Perpetual Remembrance.
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
endeavour to fulfil 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 centre 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 favour 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 re-examine 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 re-examined, 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 judgement 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 re-examine 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
recognised 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
judgement 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 formulate the
conclusion at the moment).
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 judgement 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 judgement 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 "mere 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 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 authorised. 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 cognisant 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 sacrifice, of consecration, of the priesthood
(sacerdotium), and of the power of consecrating and offering 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
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 fervour
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 Saviour", 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.
LEO PP. XIII
Retrieved from
"http://en.wikisource.org/wiki/Apostolicae_Curae"
© 2006 The Four Marks
The Four Marks, Box 77, Molt,
MT 59057
(406) 669-7777