18 September
1896 A.D. Pope Leo XIII Declares
Anglican Orders/Ministry “Null.”
On
the Nullity of Anglican Orders
Apostolicae Curae
Promulgated September 18, 1896 by Pope
Leo XIII
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
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 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 Confiirmation.
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
Ordel 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 when show this to be insufficient for the purpose in the Anglican life,
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
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 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 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.
--
Leo PP. XIII
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