18 September 1896 A.D. Pope Leo XIII Declares Anglican Orders/Ministry “Null”—“On the Nullity of Anglican Orders”
18
September 1896 A.D. Pope Leo XIII Declares
Anglican Orders/Ministry “Null”—“On the Nullity of Anglican Orders”
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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