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English Translation of Ruling on Married Eastern Catholic Priests

Unofficial Translation provided by The Byzantine Forum
http://www.byzcath.org/forums/ubbthreads.php/topics/409388/Re:_Pope_Francis_universally_a#Post409388

This is the document to which i referred in Friday’s post, Married Catholic Priests Coming to a Parish Near You.

ACTS OF THE CONGREGATION FOR THE EASTERN CHURCHES
Pontifical Ruling Regarding Married Eastern Clergy

A) Introductory Note

Canon 758 §3 [of the] CCEO (Oriental Code of Canon Law) states that: “Regarding the admission to holy orders of married [men], the particular law of [each] Church sui iuris or special norms established by the Apostolic See are to be observed.”

That allows that each Church sui iuris can decide on the admission of married [men] to holy orders.

At present, all Eastern Catholic Churches may allow married men to the diaconate and the priesthood, except the Syro-Malabarese and Syro-Malankara Churches.

Thus, the Canon provides that the Apostolic See can enact special rules in this regard.

The Holy Father Benedict XVI, in his post-synodal Apostolic Exhortation Ecclesia in Medio Oriente (Churches in the Middle East) of 14 September 2012, after having stated that “priestly celibacy is an inestimable gift of God to His Church, which must be accepted with gratitude, both in the East and in the West because it is a prophetic, timeless sign,” reminded that “the ministry of married priests is a component of the ancient Eastern traditions,” and encouraged them because “with their families, [they] are called to holiness in the faithful exercise of their ministry and in their living conditions in difficult times.”

The issue of the ministry of married priests outside the traditional eastern territories dates back to the final decades of the nineteenth century, especially since 1880, when thousands of Ruthenian Catholics emigrated from Sub-Carpathia, as well as western Ukraine, to the United States of America. The presence of their married clergy aroused protests by the Latin Bishops that their presence would cause gravissium scandalum[grave scandal] to the Latin faithful. Thus, the Congregation for the Propagation of the Faith, by decree of October 1, 1890, forbade married Ruthenian clergy to reside in the US.

In 1913, the Holy See decreed that only celibates could be ordained as priests in Canada.

In the years 1929-1930, the then-Congregation for the Eastern Church (CCO) issued three decrees, which prohibited the exercise of ministry by married Eastern priests in certain regions:

1) the Decree Cum Data Fuerit of March 1, 1929, by which [the Congregation] forbade the exercise of ministry by married Ruthenian clergy who emigrated to North America.

2) the Decree Qua Sollerti of 23 December 1929, by which [the Congregation] extended its prohibition of ministry to all married Eastern clergy who emigrated to North or South America, to Canada, or to Australia.

3) the Decree Graeci-Rutheni of 24 May 1930, by which [the Congregation] stated that only celibate men could be admitted to the seminary and promoted to holy orders.

Deprived of ministers of their own rite, a number, estimated at about 200,000, of the Ruthenian faithful passed into Orthodoxy.

The referenced legislation was extended to other territories not considered ‘eastern regions’; exceptions were granted only after hearing from the local Episcopal Conference and receiving permission from the Holy See.

Since the problem persisted, the Congregation for the Eastern Churches involved the Congregation for the Doctrine of the Faith. On 20 February 2008, having reviewed the entire matter in Ordinary Session, [the Congregation for the Doctrine of the Faith] rendered the following decision: “Considering the existing rule – which binds Eastern priests in pastoral service to the faithful in the diaspora to obligatory celibacy, similarly to Latin priests – in specific and exceptional cases, the possibility of a dispensation exists, [which is] reserved to the Holy See.” The above was approved by the Holy Father Benedict XVI.

It should be noted that, even in the West, in recent times, with the [issuance of the] motu proprio Anglicanorum Coetibus, although not written for the Eastern clergy, a discipline was adopted, [which] considered specific situations of [married] priests and their families coming into Catholic communion.

B) Provisions approved by the Holy Father

The Plenary Session of the Congregation for the Eastern Churches, held 19 to 22 November 2013 at the Apostolic Palace, discussed the issue extensively and subsequently presented to the Holy Father a request to concede to their Ecclesiastical Authority the faculty to allow pastoral service by married Eastern clergy outside of the traditional eastern territories.

The Holy Father, in the audience granted to the Prefect of the Congregation for Eastern Churches, Cardinal Leonardo Sandri, December 23, 2013, approved that request

contrariis quibuslibet minimum ostantibus, (all considerations to the contrary notwithstanding)

according to the following guidelines:

– in the Eastern Administrative Constituencies (Metropolia, Eparchies, Exarchates) constituted outside of the traditional territories, these faculties are conferred on the Eastern Hierarchs, to exercise according to the traditions of their respective Churches. Also, the Ordinary, possessing faculties to ordain married Eastern candidates from a respective region, [has] an obligation to give prior notice, in writing, to the Latin Bishop of the candidate’s place of residence, so as to obtain his opinion and any relevant information [regarding the candidate].

– in Ordinariates for the Eastern faithful who are deprived of their own Hierarchs, the faculty [to ordain married men to the priesthood] is conferred on the Ordinary, and he shall inform the respective Episcopal Conference and this Dicastry of the specific cases in which he exercises [the faculty].

– in territories in which the Eastern faithful are deprived of a specific administrative structure and are entrusted to the care of the Latin Bishops of the place, the faculty [to ordain married men to the priesthood] will continue to be reserved to the Congregation for the Eastern Churches, which will pursue specific and exceptional cases after hearing the opinion of the respective Episcopal Conference.

Given at the Seat of the Congregation for the Eastern Churches, 14 June 2014

Leonardo Cardinal Sandri
Prefect

http://www.byzcath.org/forums/ubbthreads.php/topics/409388/Re:_Pope_Francis_universally_a#Post409388

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Married Catholic Priests Coming to a Parish Near You

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Rev. Wissam Akiki and family. (Ordained presbyter in Feb 2014)

Pope Francis has moved to allow more married Catholic priests.
It is just that they are not Roman Catholic priests.

This, according to a document of the Pontifical Congregation for Oriental Churches, leaked today by Sandro Magister, the well-known Italian Vaticanist of La Repubblica.

The Congregation has issued a precept, “Pontificia Praecepta de clero Uxorato Orientali” – signed back in June and with papal approval– which allows the Eastern Churches to ordain married men wherever the Church is found, and to bring in already married priests to serve as needed, throughout the world. [6/106 Acta Apostolica Sedes, 496-99]

Most people know that Catholic priests of the Latin Church (the Roman Catholic Church) must be celibate. The exceptions being, since the 1980’s, former Lutheran or Anglican clergy who come into full communion, who may continue their presbyteral ministry while married.

Most Catholics are at least vaguely aware that this medieval discipline does not apply to most of the 22 Eastern Catholic Churches, who do in fact allow married men to become presbyters – it is only their bishops who are necessarily monastic, and therefore celibate. (Deacons are universally allowed to be either married or celibate).

Fewer people are aware of the embarrassing history that has restricted these churches from either ordaining married men “outside their traditional ritual territory” or, in some cases, even sending married priests to serve in these countries. Starting with migrations of Ruthenians in 1880 to the U.S., the Latin bishops (almost entirely Irish) of the States were so scandalized by the idea of married presbyters that they convinced the Congregation for the Propagation of the Faith to restrict married clergy from following their flocks to the new world. By 1929-30, these limitations were repeated and even expanded to other “Latin territories”.

This move so effectively undercut the sacramental ministry and infrastructure of the Eastern Catholic Churches in the States, that about 200,000 Catholics and their married clergy left communion with Rome, and effectively populated the Orthodox Church of America and other Orthodox jurisdictions.

fr-alexis-toth-with-ruthenian-clergy-1890-web

Eastern Catholic Clergy meeting, 1890.

This is one of many examples of a kind of aggressive Latinization – forcing Eastern Churches to take on Latin/Roman practices – that has occurred over the centuries. The whole idea that Eastern Churches could only follow their own practices within their “traditional territory” is dubious in any case – do we say the same for the Roman Catholics? Is celibacy of diocesan clergy – a particularity of being “Roman” not of being “Catholic” – limited only to the “traditional territory” of the western Roman empire? What sense does it mean in an era when there are more Eastern Catholics outside “traditional territory” than within?

What it really shows is a flawed ecclesiology and a lack of due respect to the autonomy of the diverse practices and patrimony of ancient and apostolic churches in communion with Rome. How, our Orthodox sister churches would ask, is it possible to take Rome seriously on proposals for reunion when she treats Eastern Catholic Churches so inappropriately – flexing her muscles and forcing them to follow her whims (or those of too-easily-scandalized Irish-American bishops). Rome has to show that it remembers that unity does not mean uniformity.

After Vatican II, it was thought this would change. After all, the Eastern Churches were encouraged to return to their proper patrimony and cleanse themselves of any inappropriate Latin influences. Pope Paul VI took the proposal under advisement… and there it remained, sadly, until our own time. The Congregation for Oriental Churches proposed some change in 2008, but with the objection of the Congregation for the Doctrine of the Faith to reversing the ban, exceptions were allowed only on a case-by-case basis. You started to see priests ordained back in the “traditional territory” being allowed to serve in the west. Under these “exceptional” situations, it was just this year that the U.S. saw its first married Maronite priest ordained there.

In 2010 the Synod on the Middle East again raised the issue.

Now, finally, we have the restoration of at least this one right to rites.

Catholic Patriarchs gather during the Synod on the Middle East

 

The Eastern Churches find themselves in three jurisdictional situations, basically, which have different practical consequences:

  • First, where there is a regular hierarchy, it is up to the competent ecclesiastical authority – the metropolitan, eparch, or exarch – to ordain according to the traditions of their churches, without restriction from the Latin church.
  • Second, where there is an Ordinariate without a bishop or heirarch, such ordinations would be carried out by the ordinary, but while informing the Latin hierarchy. (there are less than a half-dozen countries where this is the case)
  • Third, where there are groups of the faithful of an Eastern Church under the pastoral care of a Latin ordinary – such as the Italo-Albanians here in Italy – it continues to be a case-by-case basis.

Still, one more reform on the long list of “no-brainers” that could have been done ages ago without actually challenging either doctrine or even its articulation. It is simply the correction of an historical mistake that ought never have happened in the first place – and certainly ought not to have taken 135 years. It is this kind of thing, no matter how small, that demonstrates real “concrete progress” that the ecumenically minded – both “at home and abroad” are looking for.

Link to Magister article: http://magister.blogautore.espresso.repubblica.it/2014/11/14/francesco-da-il-passaporto-ai-preti-sposati-orientali-valido-in-tutto-il-mondo/

On Priestly Celibacy and the Diaconate

This has been on my mind since the first minor flurry of stories about Pope Francis’ openness to discussion on the topic, based on the recounting of a single remark shared by Bishop Erwin Krautler of the Territorial Prelature of Xingu, Brazil. So, it is a lot of musing, but enough to get some conversations started, I hope.

First, an aside about numbers.  Most accounts, like the RNS article linked above, cite 27 priests serving 700,000 Catholics, meaning a ratio of 1:25,925, a staggering reality if accurate.

However, I am not sure where these numbers come from. According to the Annuario Pontificio 2012, there are only 250,000 Catholics there, being served by 27 priests (about half diocesan and half religious), and according to Catholic-hierarchy.org,  there are 320,000 Catholics (but only as of 2004). This means a ration of either 1:8620 (AP) or 1:13,333 (CH).

Still a staggering reality when you consider as frame of reference the following: The Archdiocese of Seattle, my home diocese, currently lists 122 active diocesan priests, 87 religious priests, and 31 externs borrowed from other dioceses serving a Catholic population of 974,000.  This makes a priest to Catholic ratio of 1:4058 (the US average is just under 1:2000).

The Vicariate of Rome, my current diocese, has nearly 11,000 priests and bishops present, counting religious, externs, and curial staff. They are at least sacramentally available to the 2.5 million Catholics here. This makes a ratio of 1:234.

(Since priests were the subject of the article, I have left out deacons, catechists, and lay ecclesial ministers, as well as non-clerical religious, though not to discount their great service to the Church, to be sure!)

Even with the most conservative estimate of Xingu, the priests there are stretched more than twice as thin as their Seattle counterparts and 36x the scope of their Roman brethren.

What has really been on my mind, though, and again in the light of Pope Francis’ comments yesterday that the ‘door is always open’ to this change in discipline, is the effect that a sudden shift in allowing for a married presbyterate would have on the diaconate.

Some refreshers on basic points of the general discussion:

  • We are only talking about diocesan (sometimes called secular) clergy, not religious. The latter would remain celibate under their vow of chastity, but diocesan clergy do not take such vows.
  • We already have some married Catholic priests. Almost all of the Eastern Catholic Churches allow for both married and monastic clergy, and even in the Latin Church (i.e., Roman Catholic Church) we have married priests who were ordained as Anglicans or Lutherans, later came into full communion, and have been incorporated into Catholic holy orders.
  • We do have celibate deacons, though not many. I have long held we need more celibate deacons and more married priests in the west, for various reasons.
  • Most likely we would be talking about admitting married men to orders, rather than allowing priests to marry after ordination. This is the ancient tradition of the Church, east and west, since the Council of Nicaea when it was offered as a compromise between some who wanted celibacy as the norm, and others who thought it should not matter whether marriage or orders come first. We still have both extreme practices present in the Church today, however, so it is not impossible that we should choose a different practice. Unlikely, but possible.
  • The Latin Church has maintained celibacy as a norm for its diocesan clergy since about the 12th century, though historians argue whether it was universally enforced until as late as the 16th. There are rituals as late as the 13th allowing for a place in procession for the bishop’s wife.
  • Technically, it is currently the norm for all diocesan clergy, and any exceptions, including married deacons, are exceptions. Which begs the question, if it is so easy to make these exceptions for deacons, why not for priests?
  • The Byzantine tradition has long held that bishops come from the monastic (celibate) clergy, whereas the Latin tradition has long held that bishops come from the diocesan clergy – which means we had married bishops when we had married priests and deacons.  Given the situation with the Anglican Ordinariate, there seems to be a reluctance to return to this tradition, but as it was part of our Roman patrimony for a millennium, it seems it should be at least considered.
  • Finally, it is not actually clerical, or priestly, celibacy per se that is at issue, but the idea of requiring celibacy of those to be ordained. There will always be room in the church for celibate deacons, presbyters, and bishops, and these charisms will always be honored. As it should be.
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Rev. Bart Stevens and family, Diocese of Great Falls-Billings

With all that in mind, I finally get to my point.

Let us imagine, unlikely though it may be, that tomorrow Pope Francis announces we will no longer require celibacy of our candidates for orders – whether deacon, presbyter, or bishop. The most immediate effect and response of the faithful, and the press, will be about the change in the discipline of priestly celibacy.

If it is done that directly, it would be disastrous for the diaconate. Many men, I have no doubt, have been ordained to the diaconate simply because they or their bishops saw no alternative for someone called to both marriage and ordained ministry. Many may in fact be called to the presbyterate instead, and given the opportunity, ‘jump ship’ from one order to the other.

One can likewise imagine there are many currently in the presbyterate who are actually called to the diaconate, but they or their bishop saw no reason for not ordaining them to the presbyterate because they were called to celibacy as well. I have heard many a bishop say something along the lines of, ‘why be ordained a celibate deacon? If you can be a priest, we need that more!’

Without completing the restoration of the diaconate as a full and equal order, and a better understanding of both orders separated out from the question of marriage/celibacy, what will happen is a return to the ‘omnivorous priesthood’ and an ecclesiology of only one super-ministry. Rather than a plethora of gifts and ministries as envisioned in the Scriptures, lived in the early church, and tantalizingly promised at Vatican II, everyone would flock to the presbyterate and we would have set back some aspects of ecclesiological reform half a century.

Rather than simply a change to the discipline of clerical celibacy, what is needed is a comprehensive reform of ministry in the Church. Tomorrow Pope Francis could say, instead, ‘Let’s open the conversation. Over the next three years, we will look at the diaconate and the presbyterate, lay ecclesial ministry and the episcopate, and we will consider the question of celibacy in this context. At the end of this study period, a synod on ministry.’

What I would hope to come out of this would be first a separation of two distinct vocational questions that have for too long been intertwined: ecclesial ministry on one hand and relationships on the other. We have been mixing apples and oranges for too long, but priesthood or diaconate is an apple questions, and marriage or celibacy is an orange question.

deaconsSeattle

2012 Diaconate Ordination, St. James Cathedral, Seattle

The deacons, traditionally, are the strong right arm of the bishop. Make it clear that deanery, diocesan, and diplomatic tasks (and the Roman curia for that matter) are diaconal offices. In need, a qualified lay person could step in, or rarely a presbyter, but these are normatively for deacons. This also makes it obvious why we need more celibate deacons, such as in the case of the papal diplomatic corps. They tend to be younger and more itinerant, needed wherever the bishop sends them.

Presbyters are traditionally parish pastors and advisors of, rather than assistants to, the bishop. As the deacon is sent by the bishop, the pastor ought to be chosen from and by the people he serves.. He should be a shepherd who smells like his sheep, right? How exactly this looks can take various forms, to be sure the bishop cannot be excluded, but the balance of ministerial relationships should show clearly that the presbyter is more advisor to the bishop and minister among the people he is called to serve, and the deacon is the agent of the bishop. At least one should not be ordained until there is an office to which he is called which requires his ordination This also makes it obvious why presbyters can, and often are in other churches, married.  They tend to be more stable and older.

The minimum age for ordination should be the same for both orders, regardless of marriage or celibacy, and in general one can imagine that deacons would be younger than presbyters. Let the elders be older, indeed!

Some deacons may even find, later in life, reason or office to transition to the presbyterate, but otherwise there should be no such thing as a transitional diaconate. Candidates for both orders should spend at least five years, perhaps more, in lay ecclesial ministry, before being ordained, as long as this does not reduce lay ministry to a transitional step only, as a similar move did to the diaconate all those centuries ago!

Bishops could be chosen from either order, and be either married or celibate. Indeed, celibacy should be rejoined with the rest of the monastic ideal, and there should be no such thing as a celibate without a community. It need not be a community of other permanent celibates or of other clergy – there are some great examples, such as the Emmanuel Community in France, who have found ways for celibate priests to live in an intentional Christian community that includes young single people, deacons, lay ecclesial ministers, etc.

Bottom line, if it is just a conversation about priesthood, as much as mandatory celibacy needs to be discussed openly and without taboo, it is not enough. It must be a holistic discussion about ministry, and the diaconate has a special place in this conversation given its recent history and current experience.   We have such a deep and broad Tradition from which to draw, why would we not dive in to find ancient practices to suggest modern solutions?

maximiano

Married Priests: Optional Celibacy among Eastern Catholics – Past and Present

Report on the Chrysostom Seminar at the Domus Australia, Rome

November 2012

Presentation Panelists with their host

Presentation Panelists with their host

Did you know that there are now more married Roman Catholic priests in the U.S. than Eastern Catholic priests?

I do not actually remember a time when I did not know that there were married Catholic presbyters, so it has always been amusing to encounter people who find this a scandal in some way. The real scandal is that Catholic Churches with a right (and a rite!) to ordain married men are not allowed to do so, basically because of 19th and 20th century anti-immigrant sentiment, in the U.S.

That was not a main theme of the conference this morning, but it was certainly an interesting fact that was new to me.

Of the varied and lively discussion, probably the main take-away theme was this: The Gospel does not coerce, but offers conversion.

In other words, conversion is a response of the heart, whereas coercion is an exercise of power. Any relationship of supposedly sister churches, say, of Rome and of Constantinople – or of New York and Parma, for that matter – which is experienced as a relationship of coercion, becomes a church-dividing issue. This came up repeatedly regarding the imposition of a Latin discipline – mandatory celibacy for diocesan presbyterate – on non-Latin churches.

Speakers for the day included:

  • Archpriest Lawrence Cross, Archpriest, Centre for Early Christian Studies, Australian Catholic University
  • Rev. Prof. Basilio Petrà, Facoltà Teologica dell’Italia Centrale (Firenze)
  • Rev. Thomas Loya, Tabor Life Institute, Chicago:
  • Protopresbyter James Dutko, Emeritus Dean of the Orthodox Seminary of Christ the Savior, PA
  • Archpriest Peter Galazda, Sheptytsky Institute, Saint Paul University, Ottawa

Archpriest Dr. Lawrence Cross spoke on “Married Clergy: At the Heart of Tradition.” Father Cross opened by stating for the record that the conference here was not a critique on the Latin practice, internally, but a protest against what he described as ‘bullying’ in some parts of the Latin Church against Eastern sister churches in communion with Rome: namely, the requirements in some places (such as the U.S.) that Eastern Catholic churches not allow married clergy because of pressure from the Latin (Roman) Catholic bishops.

Both married and celibate clergy belong to the deep tradition of the church. Though some try to point to the origins of mandatory celibacy as far back as the Council of Trullo in Spain, it is really from the 11th century Gregorian reforms – based on monasticism and coincident with a resurgence of manichaeism in the Church.

One of the results of this, much later, is the novelty, he says, of speaking of an ontological change in ordination, or an ontological configuration to Christ, as in Pastores Dabo Vobis 20, which sees married priesthood as secondary. One US Cardinal, he did not name, has referred to the ontological change of priesthood as analogous to the Incarnation or transubstantiation.  The problem with the analogy is that the humanity of Christ is unchanged!  Trying to assert an essential link between priesthood and celibacy, something which has been relatively recent in its effort, is problematic.

Indeed, there is no celibacy per se, in the Eastern tradition, just married or monastic life. Both require community, and vows to commit one to that community. The Code of Canons of the Eastern Church 374-5 highlights to mutual blessing that marriage and ordination offer to each other. He wonder why Pope John Paul II, who seemed to have such a high respect for the “primordial sacrament” did not see fit to apply it to the presbyterate.

Professor Basilio Petrà of the Theological Faculty of Central Italy (in Firenze), spoke on the topic of “Married Priests: A Divine Vocation.” Two immediate thoughts he shared were that the Catholic Church has always, officially at least, affirmed married priesthood, and to consider that vocation is always a call of the community and not of the individual. Marriage and priesthood are two separate callings, but both sacraments and therefore complementary not competitive.

Fr. Petrà drew attention to the recent apostolic exhortation, Ecclesia in Medio Oriente, which included this paragraph:

48. Priestly celibacy is a priceless gift of God to his Church, one which ought to be received with appreciation in East and West alike, for it represents an ever timely prophetic sign. Mention must also be made of the ministry of married priests, who are an ancient part of the Eastern tradition. I would like to encourage those priests who, along with their families, are called to holiness in the faithful exercise of their ministry and in sometimes difficult living conditions. To all I repeat that the excellence of your priestly life will doubtless raise up new vocations which you are called to cultivate.

While he emphasized the positive nature of the bishop of Rome including the married priesthood as a respected and ancient tradition in the east, it is interesting to note that while celibacy is a priceless gift of God” which “ought to be received in East and West alike,” married priesthood is not categorized as a gift of god but “a part of the tradition” and only in “the East.”

Father Thomas Loya of the Tabor Life Institute in Chicago, and a regular part of EWTN programming, presented on the topic,  “Celibacy and the Married Priesthood: Rediscovering the Spousal Mystery.” Married priesthood witnesses to the Catholic tradition of a life that is ‘both-and’ rather than ‘either-or.’ We need a more integrated approach to monasticism and marriage, and relocating celibacy in its proper monastic context. But the continued practice of requiring eastern Catholic churches to defer to the Latin church hierarchy with respect to married clergy is to act as though the Latin Church is the real Catholic Church and the eastern churches are add-ons – fodder for accusations of uniatism if ever there was.

One of the clear problems of this was that when, in 1929, celibacy was imposed upon eastern churches in the US and elsewhere, married priesthood was part of the strength of these churches. Since then vocations have disappeared, evangelization has all but ceased, and the general life of the churches has withered. After “kicking this pillar of ecclesial life out from under the churches” it offered nothing to hold them up in its place, and the Church is still suffering.

Can you imagine a better seedbed for presbyteral vocations than a presbyteral family? What better way for a woman to know what it would be like to marry a priest than to be the daughter of a priest?

Married priesthood is part of the structure of the Church, but celibacy always belonged to the monasteries. Without a monastic connection, a celibate priest is in a dangerous situation, lacking the vowed relationship of either marriage or monastic life to balance the call to work. Every celibate must be connected to a monastery in some way.

Just as a celibate monastic must be a good husband to the church and community, so too must a married couple be good monastics. The relationship of monasticism and marriage ought to be two sides of the same coin and mutually enriching. The call to service in ordained ministry comes from these two relationships to serve. This would be a sign of an integrated and healthy church.

Protopresbyter James Dutko is retired academic dean and rector of the Orthodox Seminary of Christ the Savior in Johnstown, PA. His topic was “Mandatory Celibacy among Eastern Catholics: A Church-Dividing Issue.” Father Dutko was the only Orthodox presenter on the panel (and the only one without a beard, incidentally…) The bottom line? As long as the Latin Church (that is the Roman Catholic Church) imposes its particular practice on other Churches even within its own communion, there will be no ecumenical unity. Stop the Latinization, and the Eastern Orthodox may be more inclined to restore full communion.

Flocks of Anglicans

It has been almost a month since the CDF press announcement of the apostolic constitution, Anglicanorum Coetibus, which was released a couple weeks later. As with all Vatican documents, the title comes from the first two words in the official Latin edition, in this case, “groups of Anglicans” – though I prefer the translation “flocks of Anglicans”, probably inspired by the starlings and their Tiber-crossing aerial acrobatics, or the wishful thinking of certain (Catholic and secular) media outlets.

Along with the constitution itself, a set of complimentary norms and an official explanatory note was issued. The later is written by the rector of the Pontifical Gregorian University here in Rome, Gianfranco Ghirlanda, SJ, a native Roman who is trained as a civil and canon lawyer – which is an important lens to keep in mind when reading his commentary.

In the last three weeks, I have heard this issue addressed, in person, by Archbishop Rowan Williams, Cardinal Walter Kasper and about a dozen other curial officials, Catholic ecumenists, and Anglicans. My comments and conclusions remain my own, so do not blame any of them for my errors, but each conversation has provided some insight to various aspects of this issue, for which I am grateful.

Communication and timing

Much has been said of the Holy See’s lack of a modern communications strategy this last year, starting especially with the lifting of the excommunications of the (still) schismatic bishops of the Society of St. Pius X. In this case, the timing issue has been remarked on a great deal.

But let us be realistic: This is the Vatican. In Rome. Do you have any idea how long it takes to get anything done here? How many good people in the Church have been frustrated by an organization that prides itself in “thinking in centuries”? Should we really believe that this was an ambitious gambit at Ecclesial Imperialism incited only by recent developments? A rushed effort to ‘fish in the Anglican pond’?

I honestly think the more likely answer is that this is, at least partially, the long, slow, overdue response to requests that came way back in 1997 from some groups that left communion with the Anglicans at that time, just as the 1980 Pastoral Provision was a response to a smaller-scale situation in the 70’s. These former Anglicans are likely the ‘target demographic’ rather than current members of the Anglican Communion. I would not be surprised if some draft of something like this had been floating around in a dusty file cabinet in the CDF for the last decade or more.

It is probably, genuinely intended as a pastoral response by some in the Congregation for the Doctrine of the Faith, and possibly the Secretariat of State. However, these impulses have not benefited from the full reception of, or formation in, ecumenical dialogues and relationships.

The internal, inter-dicasteral communications and collaboration is also clearly a problem, and it has not improved much in the eight years since Dominus Iesus. The Pontifical Council for Promoting Christian Unity was not properly consulted in the development of the document, only verbally informed of it after it was in process. Cardinal Kasper did say on Thursday after the Colloquium that he had seen a draft of the Apostolic Constitution before the official promulgation, and was invited to make recommended changes, but he did not mention the accompanying documents, and this may have happened after the initial press conference with Cardinal Levada and Archbishop DiNoia.

Externally and ecumenically, the Archbishop of Canterbury and his staff, as well as even the Catholic Bishops’ Conference of England and Wales was likewise not consulted or involved in the process, but only informed shortly before the press conference. Seemingly it was informing them that motivated the conference, for fear of leaks before the Constitution was finalized.

Anglican Responses

The official responses are out there to read on the internet. Bishop Chris Epting, National Ecumenical Officer of the Episcopal Church, has recently blogged about the issue; and the press has been following Archbishop Rowan Williams everywhere in Rome, so there is no shortage of coverage.

Personal responses among those I have spoken with have included some common themes, including brief temptation and excited interest: “Enough talk, let’s just do it! We can have unity now!”

This was usually followed by disappointment in some key aspects once the constitution, complimentary norms and explanatory note came out. After a little time, there has been a sense of betrayal of the ecumenical bonds of unity that already exist and anger at what seems to be promotion of an “ecumenism of return”, which the Catholic Church disavowed 50 years ago. One local Anglican’s comment of “not being angry about this… but then being surprised at how angry I was” is echoed in several remarks, also among dedicated Catholics sensitive to the challenges currently facing the Anglican Communion.

Personally, I was initially excited too, “What if they all came? What if we could just have unity now?”… for a few minutes. Then a mea culpa for my momentary indulgence in ecclesiastical imperialism, and my thoughts turned to friends yearning for full communion, and the personal discernment of one friend in particular between coming into communion personally or continuing the long slow work of full ecclesial union.

Chris, Nigel, Andrea, John, Stian, Ann, Chris, Liz, Terry, Peter, and Tom: You are regularly in my prayers, you know, but have been especially so in recent weeks. Nothing would make me happier than being able to break bread together, in the fullest sense, but I suppose we can wait a little longer! (In the short term, I should at least practice better communicatio in communication and start answering email…)

Personal Ordinariates: Neither Personal Prelature, Church sui iuris, nor pastoral provision

The Personal Ordinariate structure was not foreseen in the 1983 Code of Canon Law, so Pope John Paul II created it specifically for the military ordinariates in 1986. The point missed in most of the media is that this is specifically a structure for the People of God – unlike a Personal Prelature (eg, Opus Dei) or the pastoral provision, which are specifically about clergy. The personal ordinariate is a personal diocese, not just a provision to “get married priests” in through the back door and “fill the dwindling ranks”. Were that primarily the motive, I think we would have just had a personal prelature.

Neither is it a full, autonomous Church sui iuris (or Particular Ritual Church) like the 23 Churches that make up the one Catholic Church. (That is, the Roman Catholic Church, Maronite Catholic Church, Ukranian Greek Catholic Church, etc.) This is a model proposed at various times in the ecumenical conversation as a juridical/ecclesial structure for eventual full communion, with the Archbishop of Canterbury as the Patriarch (or Major Archbishop).

Fr. Ghirlanda’s commentary acknowledges that the creation of such a structure could create “ecumenical difficulties”, without elaboration. Not knowing which difficulties he was thinking of, two immediately come to mind: 1) the idea that such a structure should be reserved until such time as we do attain full communion between Rome and Canterbury, and to do so now would be really insulting to the Anglican Communion and its leadership, and 2) a concern for our relations with the Eastern and Oriental Orthodox, who might object to the unilateral establishment of a new patriarchate by Rome that did not exist as such during the first millennium.

However, the reason given in the commentary is that “the Anglican liturgical, spiritual and pastoral tradition is a particular reality within the Latin Church.” This has been one of the moments of pause for some Anglicans and former Anglicans who might otherwise consider the move.

I think this can be read positively, as acknowledging a genuine tradition that goes beyond local custom and has a proper place in the Catholic Church today at a level similarly given to, say, the “extraordinary form” of the Roman Rite, rather than seeing it as a ‘non-Catholic creation of the English Reformation’. However, it seems safe to say that the English church has long recognized in itself an ecclesial tradition distinct from the Roman church, even for the many centuries of full communion, which goes beyond just liturgy and spirituality to a full ecclesial sense, including juridical, pastoral, and theological practices. This limited recognition is not as generous as would have been hoped.

Theology of Bishops, ordination

When is a bishop not a bishop? Would a rose by any other name still smell as sweet? If it walks like a duck, swims like a duck, and quacks like a duck, isn’t it a duck?

[First, a brief note: “Ordinary” is a canonical term used to designate a person whose authority is by virtue of law itself in relation to his office. We refer to the diocesan bishop as the ordinary, in distinction from any auxiliary or retired bishops in the diocese. So, in itself, the “ordinary” is not a new term or office.]

One of the first discordant notes from the press announcement three weeks ago was around the identity and role of bishops and the ordinary in the personal ordinariates. Anglicanorum Coetibus basically sets up the ordinariate and outlines the responsibilities of the ordinary and the consultative structures. It gets interesting in the complementary norms (particular law).

First, in article four of the norms, it is noted that the ordinary may be a bishop or a presbyter. While allowing a presbyter exercise ordinary power is not unusual in itself, it is odd for the role equivalent to a diocesan bishop. In fact, the canons specifically mentioned in this article are describing the roles and responsibility of a diocesan bishop.

The section on “Former Anglican Bishops” (Article 11) has four points:

  • A former Anglican bishop may be appointed as the ordinary, but he would be only ordained as a presbyter.
  • A former Anglican bishop who is not ordinary could be asked to assist the ordinary in administration of the ordinariate.
  • Any former Anglican bishop would be a part of the bishop’s conference in their territory (such as the USCCB), with a status equivalent to retired bishop.
  • Finally, any former Anglican bishop who is not ordained as a Catholic bishop may request permission to continue using episcopal insignia (mitre, crozier, pectoral cross, ring, and presumably the amaranth red zucchetto, fascia, and simar).

While the first point seems to say that a former Anglican bishop could not be ordained as a bishop, even if he is the ordinary, the last point seems to indicate that at least some former Anglican bishops could be so ordained, and the rest could continue to wear bishop’s regalia even if they are not ordained as bishops.

 Turning to Fr. Ghirlanda’s commentary for clarification, one finds the following:

“The ordination of ministers coming from Anglicanism will be absolute, on the basis of the Bull Apostolicae curae of Leo XIII of September 13, 1896. Given the entire Catholic Latin tradition and the tradition of the Oriental Catholic Churches, including the Orthodox tradition, the admission of married men to the episcopate is absolutely excluded”

This is where any interest in ‘coming over’ grinds to a halt for many Anglo-catholics, especially the clergy. Among Catholic ecclesiologists, ecumenists, church historians and sacramental theologians, this is probably where there was a collective raising of eyebrows. The three issues here are the use of Episcopal insignia by non-bishops, the nature of Anglican orders and of ordination in the personal ordinariate, and the whole of the final sentence regarding ordination of married men to the episcopate.

Episcopal Insignia

Originally, of course, bishops did not wear anything different than the rest of the people of God. After Christianity became the official religion of the empire, Emperors began appointing Christian bishops to civil magistrate posts. These secular offices included the insignia of a ring and what have become the crozier and mitre. As the empire dissolved and the Church took on the role of the state more completely, they became identifiable with the episcopal office, but continued to have a secular connection.

The whole (unfortunately named) lay investiture controversy of the 12th century had nothing to do with the role of the laity in electing their bishops (which was traditional), but with the role of the secular rulers appointing bishops themselves and/or retaining the right to invest them with the ‘secular’ signs of office: ring, mitre, and crozier.

Significant to that argument and church practice since is that these are insignia of the episcopal office, and are neither appropriate for non-bishops to use nor for non-ecclesiastical authorities to confer. The exception to this concerns some of those who are equivalent to a bishop in office, such as an abbot (and in some places in the past, an abbess). Given that exception, it would be consistent to allow the ordinary of the personal ordinariate to retain episcopal insignia even if he was only a presbyter.

The underlying concern is twofold, one ecumenical and the other ecclesiological. First, having just reiterated the judgment of Apostolicae Curae of Anglican orders as “absolutely null and utterly void” and declaring that any former Anglican bishop, presbyter or deacon would have to be absolutely ordained, the allowance for former Anglican bishops to adopt episcopal insignia without episcopal ordination basically says, “Because you are used to pretending to be bishops, we will allow you to continue pretending to be bishops, even though you will not actually be bishops.”

Secondly, the practice of having non-bishops dress or act as bishops seems to imply the Tridentine theology of the episcopate as a merely juridical office, rather than as an order in itself. If a presbyter has the fullness of orders, and being bishop is just a “job”, then a presbyter can dress as a bishop or fulfill a bishop’s office (eg, ordinary) without actually being a bishop. Catholic ecclesiologists and sacramental theologians are not too happy about that possibility.

Apostolicae Curae and Anglican Orders

Many catholic-leaning Anglicans are that way because of a Catholic understanding of the sacraments, including holy orders and the Eucharist. They may have been interested in the personal ordinariate if offered a “conditional” ordination, which would at least acknowledge the possibility of, or partiality of, sacramental validity of their current ordained ministry. But absolute ordination means a betrayal of their (very Catholic) sacramental sense of their current ministry, which is not appealing.

In the 113 years since Apostolicae Curae, Catholic historians, theologians, and ecumenists have developed a more nuanced understanding of Anglican orders. The bull is considered definitive church teaching on precisely the issue with which it deals – Anglican ordinations conducted according to the Edwardian Ordinal from 1552 until 1662.

Church historians have discovered at least some places where this ordinal was not used, and so would not be subject to the declaration of nullity. More recently, there have been more and more Anglican ordinations including bishops of the Old Catholic churches, which are generally recognized as valid in the classic Catholic understanding, and the Scandinavian Lutheran churches, which also maintain an historic episcopate with a claim of apostolicity. Even the Catholic understanding of ordination vis a vis Apostolic Succession and Tradition has enjoyed development, at least in ecclesiological circles, in moving from a “spiritual heredity” model to a more collegial understanding of succession and ordination as incorporation into the episcopal college.

Given all of these, it was disappointing for many that the ordinations of former Anglican clergy were not classified as conditional. This could be understood either as “just in case” their former ordinations were either absolutely invalid or merely defective, or, even better, as a sign of their incorporation into the episcopate, presbyterate, or diaconate in communion with the ordinary and the bishop of Rome, without judgment on the state of their current orders or past ministry.

Married Bishops

Finally, there is the sentence about married bishops. The best way to read this  is to recall that Fr. Ghirlanda is primarily a canonist, and is a native Roman.

In the current canonical situation, it is true that married men are absolutely excluded from the episcopate in the entirety of the Catholic Latin and Eastern traditions, as well as in the Eastern Orthodox tradition.

Historically, of course, married men have been bishops (and before that, apostles). This was common in the Latin tradition, and not unheard of in the east, until celibacy became a universal norm in the Latin Church during the 12th-16th centuries. Early on, the practice of selecting monastic (and therefore celibate) presbyters to be bishop became the norm in the East, while the West continued to select bishops from the diocesan (and therefore married or celibate) diaconate and presbyterate. Ecumenically, the Orthodox Church recognizes this historic difference in praxis, and does not generally object to married bishops in the Latin Church. Theologically, there is no impediment to a married man being a bishop in either the Catholic or Orthodox traditions, and in fact scripture commends it – though, admittedly, limiting bishops to only one wife.

Being a Roman, Fr. Ghirlanda has no doubt been to the Basilica of Santa Praessade, and has seen the 9th century mosaic of Episcopa Theodora. If he had meant that in the entire Latin Catholic tradition, historically and theologically, the admission of married men to the episcopate was absolutely excluded, then he would be confirming the interpretation that Theodora was not the wife of a bishop, but was in fact a bishop herself. This seems unlikely.

The Synodal Tradition of Anglicanism

As “the Anglican liturgical, spiritual and pastoral tradition is a particular reality within the Latin Church” according to the official commentary, their pastoral tradition of synodality (collegiality and collaboration) is also worthy of emulation in the entire Latin church, and perhaps some of the norms in this section will be applied throughout the church. Even if not, they are interesting in themselves.

A “governing council” combines the basically redundant structures of presbyteral council and college of consultors currently mandated in the Code of Canon Law. It is given deliberative voting powers on a number of issues, and interestingly, prepares the terna (list of three names) from which the Holy Father would appoint the ordinary. For most Latin dioceses, this terna is currently prepared by the Apostolic Nuncio, with consultation of the region’s bishops, some other clergy, and virtually no input by laity.

Further, the pastoral and finance councils are mandated not just for the ordinariate, as is the case for all dioceses, but also for all parishes in the ordinariate. For most Latin dioceses, the parish pastoral council is merely recommended. However, the language for pastoral councils in the norms is that they are “advisory” rather than the stronger “consultative” which is in the Code, though this is a common misreading of consultation, so perhaps it was not meant as a change.

What Happens Now?

Some former Anglicans may accept the offer, but I do not think it will be a large number. Even fewer current Anglicans will, I think. The most interested will thankfully continue to work on full ecumenical unity, distant as that always seems. I am interested to see how this develops, or if it develops.

One curial official described the personal ordinariates thus: The Holy See has set aside an empty room, but without furniture, electricity, or provisions. Now we are asking Anglicans to fill the room, without being able to bring anything with them other than themselves. It may remain empty for a long time.

In the mean time, the Anglican Roman Catholic International Commission (ARCIC) III preparatory commission is meeting in Rome this week, including my own bishop, Archbishop Alex Brunett as co-chair. This, after a hiatus since 2005, prompted by the developments in the Anglican Communion – a hiatus which some predicted would never end. If Anglicanorum Coetibus were really the Holy See’s ecumenical answer the Canterbury’s internal struggles, ARCIC III would be dead in the water. Yet, they seem energized and ready to go, so it will be interesting to see whether ecumenical dialogue or corporate conversion takes center stage over the next few months.

The Apostolic Constitution, Complementary Norms, and commentary can be read together here.

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