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FAll, 1976 ISSN 0009-3718

THE PASTORAL GUIDE TO CANON LAW

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1976 FM

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CHICAGO

STUDIES

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J. Dyer. Copyright, 1976, by Civitas Dei Foundation.


VOLUME 15

FALL, 1976

NUMBER 3

THE PASTORAL GUIDE TO CANON LAW Contents Articles INTRODUCTION

235

Patrick W. Collins

THE ROLE OF CANON LAW TODAY

236

Francis G. Morrisey, O.M.I.

RIGHTS tN THE CHURCH

255

Adam J. Maida

STRUCTURING THE COMMUNITY

269

James H. Provost

MARRIAGE

281

John T. finnegan

MINISTRY

305

James A. Coriden

RELIGIOUS

316

Richard A. Hill

ECUMENICAL GUIDELINES

330

John E. lynch

SACRAMENTS

349

Frederick McManus

AUTHORS

372

INDEX

373

Our Cove" The Official Medol of The 41st lnt'l Eucharistie Congress.


THE ROLE OF CANON LAW TODAY Francis G. Morrisey, O.M.I.

1 . What is Canon Law? Canon Law is the complete body of rules or thot legal system by which 1he Church direds its specifie social actîvities and those of îts members. as such. The term "canon" derives from the Greek "kanon," a rule or a norm. The designation "Canon Law" has been, since the twelfth century, the usuel way of speaking of the body of ecclesiastical legislation.

2. Why does the Church have a law? Christ come on earth to establish a community of believers who, through their love of Gad and of neighbour, would give witness ta the perfection of charity and to the transcendent values of the spirituel arder. But this community is composed of humons, with their qualifies and their faults. Because of the weakness of mankind; it has been found necessary in many demains to establish regulations ta guide his conduct. The sorne applies in the spirituel arder. As Christ promulgated His law of love, He also provided His Church with basic norms of conduct, which tradition has brought dawn tous in the "Sermon on the Mount." As the number of believers increased, it became necessary to add additional norms, and at the sorne lime remove certain restrictions of the Mosoic Law. The Apostles, and Paul particulor, faced si1uations in the early Church with firmness and understanding. ln the course of time, this role was ossumed more directly by the Roman Pontiff and his representatives. The law thot the Church proposes ta ifs members today is, to a great extent, the result of a long evolutive process. This law, in a certain way, expresses the wisdom and experience of the post centuries. lt must be remembered thal Church law has as its primary purpose to provide for the spirituel well-being of the faithful. Consequently, ît îs situ-

ated at the leve! of a means, and is not an end in itself. The Church maintains ih low to provide for the 1aithful guidelines helping them unite themselves more closely to Christ and to His People, the Church.

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Pope Poul VI expressed this cleorly on Januory 28, 1972, when he said thot 11 a community without law, far from being, or ever being able to be, in this world, the community of charity, has never been and will never be anything else thon a community of the arbitrary." ln another address, he reminded his listeners thot "the law is not for the law's sake ... but at the service of truth, justice, patience and chority-virtues which constitute the essence of the Gospel, and which today more thon ever should stamp the character of the ecclesiastical judge" 1January 28, 1971 ) .

3. How has Church law developed? Certain portions of Church law con trace their ongms to the Apostolic Church. The basic structure of the hierarchy was in place in the first century; likewise, a sacramental system, a cult, communal discipline, and norms for relations with those who were not Christians. By the end of the fourth century, after freedom was granted to Christianity, we find numerous exemples of disciplinary rules adopted by the community. Liturgical rites have, by then, become more structured and developed. Meetings of bishops (local and ecumenical councils) have already been held and binding decisions given. Before the end of the sixth century, we find collections of the decretais of the Popes and the disciplinary decrees of the early councils. The clerical status is more precisely defined; monastic fife is being organized. The Church is gradually becoming the most important power in the world. By the middle of the ninth century, we find thot Church law has been strongly influenced by the then or previously existing Roman law. As the politicol primacy of the Pope was recognized, the Church found itself involved in motfers relating more directly to secular fife. For instance, the Roman law matrimonial impediments were adopted by the Church during this period. The next three centuries see the establishment of the famous Universities (Rome, Bologne, Paris). Du ring this period nu merous cononical collections (many bosed on false deaetals) were prepared. The laws of the Church were .coordinoted in the twelfth century by Gratien, a Camaldolese monk. This work collated sorne 3456 texts (sorne of which are spurious) and contained the en tire Western discipline of the ti me. ft was during the XII-XVIth centuries thot Canon law lived ils "golden age" under Alexander Ill and Innocent Ill, to mention but two of the outstanding canonist Popes of the period. The Church, at this ti me, went through a period of stobilization, rather thon one af creation. Authentic colleclions of lows were promulgoted by the Popes, especiolly Gregory IX and Bonifoce VIII. ln the centuries following the Council of Trent, Pope Benedict XIV, omong


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others, renewed almost ali ecclesiastical institutions. We find a very strong growing tendency ta central ize ali legislative power in Rome. This tendency becomes even more evident with the advent of faster means of communication.

Laws become multiplied, with no simple form of consultation available. Foced with this situation, the Fathers of the first Vatican Council requested a codification and revision of existing laws, but this work was not undertaken until the lime of St. Pius X. As Pope Paul VI stated on Oecember 13, 1972, "Who is not familier with the prodigious work of tradition? Over the centuries it has erected a marvelous monument, namely, the collections of laws by which the Church, as a provident mother, has always striven to core for the well-being of the faithful according to the demands of the times."

4. Which outside factors exerted the most influence on Church law?

~he

formation of

The greatest outside influence exerted on Church law was undoubtedly thot of the Roman civil law system. The usages and customs of the Roman Empire were groduolly adopted by the ecclesiastical legislators who sanctioned whot wos considered acceptable in the system. The influence of Roman law is evident even in the general plon of the 1917 Code of Canon law: General Norms, Persans, Things, Processes, Crimes and Penalties. Not ali of these factors were beneficiai. "lt cannat be denied thot the Church, in the course of her history, hos taken from other cultures (Rom~n law is a weil known exemple, but it is not the onfy one) certain norms for the exercise of her judicial power. lt is unfortunately true thot the Church, in the exercise of her power ... , has in the course of the centuries borrowed from civil legislations certain serious imperfections, even methods which were unjust in the true and proper sense, at leest objectively speaking" (Paul VI, January 28, 1971 ) .

5. Did the Common Law of the Anglo-Saxon world exert any influence on the law of the Church? By the time thot Anglo-Saxon Common law was weil established as a system, Church law has become fairfy weil stabilized, at leost in its general !ines. Nevertheless, the concept of equity, as understood in Anglo-Saxon law, has influenced the interpretation of Church law. Canon law, as it existed, influenced Anglo-Saxon law more thon if was influenced by it. Today, writers are insisting more on a number of characteristic princip/es of the Common law thot could find their way into the Church's legislation. These include a recognition of the supremacy of the law binding ali agencies of government sa thot they do not oct in a arbitrary fashion; the rule of evidence, which consists in discovering truth and distinguishing it from error;


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tf1e use of judicial precedent; the importing of iustice occording to the rules of "fair play"; recognition of remedies preceding rights; the equol protection of ali members; and, especially, the observance of the "due process

of law."

6. Can these values of the Anglo-Saxon system be reconciled with Church law? At a time when the peoples of the world are sensitive to such values as equal protection, absence of arbitrary decisions, recognition of rights, etc., it is easily seen how these characteristics of the Common Law system should, and even must, find fheir way into the Church's law. This would cali, in many cases, for a substantiel revision of the philosophy underlying the ecclesiastical legislation on, for instance, court procedures. ln the Common Law system a persan is presumed innocent until proven guilly: his credibility is used as a basis of proof. ln other legal systems, it often happens thot a person brought before the courts is presumed guilty unless he con prove his innocence. The Church's judicial system is situated more in this latter line where, for exemple, the testimony of a party to a case, if he testifies on his own behalf, is not recognized as constituting full legal proof. The values of the Anglo-Saxon Common Law, if accepted, wou Id help overcome this inadequacy.

7. Could a Church law be constituted thal would lake into consideration the best elements of the various civil law systems?

lt was considered for sorne time thot the overall beneflts of the Roman Law system outweighed any inconveniences, and thot, consequently, it could serve as a basis for canonical legislation. This was (and is) of great importance in countries where there exists a very close union between Church and State, and where Church decrees have been givĂŤn civil recognition. However, this is not the case today in many parts of the world. Pope Paul VI, recognizing the situation, has proposed on numerous occasions thot Church law not be based on any particular civil law system. Speaking to a group of canonists on September 17, 1973, he stated: "Your first concern will not be, therefore, to establish a juridical arder modeled on civil law, but ta deepen the work of the Spirit which must be expressed also in the Church's law" (see also his address of December 13, 1972 on the sa me subject) .

8. If Canon Law is not to be based on any particular civil law system, what are to be its characteristics? ln his oddresses on the subject, Pope Paul VI has outlined the necessary characteristics of Church law and the effects it is to produce.


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The charaderistics: Church law must -hove its foundation in Jesus Christ; -have the value of a sign of the internai action of the Spirit; -express and foster the life of the Spirit; -produce the fruits of the Spirit; -be an instrument of grace; -be a bond of unity, in a line thot is distinct and subordinate to the sacraments, which are of divine institution; -be pastoral, giving the Church a more human characteristic, making it more sensitive to the charity thot law should promote and guarantee in the

ecclesial community; -finally, be service, ministry, and love. With this background, we could say thot the primary function of Canon Law is to help structure Christian institutions, by seeing to arder and pro¡ moting concord. Law hos the practical role of guiding the faithful to maturity in Christ. As a result of this order and çoncord, Canon law will provide, by its norms, for the social protection of rights. lt has a special role to play as an instrument of persona! renewal and development of society: law is not a fixed status of things, but rather a dynamic plan for action.

The role of Churth law: -to define institutions; -to provide for the necessities of !ife by means of laws and decrees; -to complete the essentiel features of juridical relations between the faithful, posters and laity by means of its rules, which are in turn counsels, exhortations, directives of perfection, pastoral indications; -to defend the human person and to form the Christian so thot he may participate in a community way in Catholic !ife.

9. Can the law of the Church as we have il today be reconciled with a charismatic Church, founded on the Spirit? The answer to this question may agoin be found in the writings of Pope Paul when he says thot "St. Paul himself connects the exercise of charisms with the orgonization existing in the Church (d. 1 Cor. 14, 17-40). And in fact the Holy Spirit cannet contradict himself: in so far as he confers the charisms, the latter ore subordinate to his operation through the munus (office) ... Therefore ali the institutional and juridical elements are sacred and spirituel, because they are vivified by the Spirit. ln reolity, the 'Spirit' and 'law,' in their very source, form a union in which the spirituel

element is determinant. The Church of 'law' and the Church of 'charity' are one reality, the juridical form being the exterior sign of its internai !ife"

1Septem ber 17, 19731. As a consequence, "we should by ali means work zealously tO prevent


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any opposition between charism and law, bath of which come from one supreme source which is Gad" ( December 13, 1972).

10. Consequently, what are the specifie roles assigned to law in the Church today? Law, if il is to be faithful to its mission of being the exterior sign of the internai life of the Spirit in the Church mu'st:

-be consistent with the doctrine and teachings of the Church; -be oware of its end, the sanctification of the faithful, and provide means of reaching this goal through arder and peace; .. -be attuned to the dignity of each Christian in the Church-communion, in whom the Spirit of Gad dwells; --determine the monner in which relations between the faithful are ta be ¡corried out. Likewise, the hierarchical communion, created and informed by the Spirit of Christ, must see thot order and peoc::e ~eolly reign, thot the unity of communia be preserved, and thot the life of the latter evolve in such a way asto bear witness, olso on the missionary plane, to Christ (September 17,

19731. Another specifie role of law is to build up the social body of Christ, through the cooperation of ali .the faithfuL 11. Are these roles contrary to the values of human freedom? lt could be answered, with Pope Paul, thot everything thot is imposed to guarantee order and peace in the community of Christians, proceeds from the Spirit, and therefore does not prejudice the freedom and dignity of the human persan but on the contrary enhances and defends it. True Christian freedom, which cornes from following the law of Christ, is a for cry from the freedom castigated by St. Peter: "live as free men; not however os though your freedom were there to provide a screen for wrongdoing, but os slaves in God's service" {1 Pet., 2, 16). As Christ himself soid, "Do not suppose thot 1 have come to abolish the law and the prophets; 1 did not come to abolish, but to complete" (Mt., 5, 171.

12. ls the new role assigned to law making it, in effect, an interdisciplinary science? lt is impossible today to corr)• out intensive studies in Conon law without a thorough theological training_ The dose relationship between Canon Law and Theology is raised with urgency as the Council documents ore better understood. "No domain of revelation con remoin unknown, if one desires to express


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and study in faith the mystery of the Church whose institutional aspect wos willed by her founder and belongs essentially to her fundamentolly sacra· mental character" (Paul VI, September 17, 1973). Consequently, the law today will olso have to be pastoral in its formulation, its Îr'!lerpretation and in ils opplicotic:>n (Poul VI, Jonuary 28, 1972}. ln addition, for certain aspects .of Canon law, o good knowledge of the· behavîoural sciences and their conclusions is a worthwhile complement.

CONTENT OF THE LAW TODA Y

13. Where do we flnd the Church's law today? The basic law of the Church is still found in the Code of Conon Law, a document prÔmulgated in 1917 and in effect since Pentecost Sunday, May 19, 1918. However, with time, a number of prescriptions in the Code have either become obsolete or were changed by the second Vatican Cou neil. Laws issued by the Holy See since 1918 are published in the Acta Apostolicae Sedis, the official gazette of the Church, and, unless the contrary has been stoted, become effective three months ofter their dote of publication in the Acta. However, in addition to the texts found in official publications, a number of more private documents have been sent to bishops and religious superiors in certain dioceses, countries, or regions. These texts ore usuolly reprinted in journols and ether publications of a less official nature. Because of the practical difficulty in finding ali of the Church's law, os it now exists, especiolly in Er:"glish, the publication Conon Law Digest is the most practical source of information as to the existence of laws. This situation will be partiolly remedied once the new law is promulgated. (Canon Law Digest, edited by Rev. J. 1. O'Connor, S.J., is ovailable at 2345 W. 56th Street, Chicago, Illinois, 606361.

14. Who con make new lows in the Church? legislation may be issued by vorious authorities in the Church. The Holy Father is the first legislotor. His new laws ore generally issued in the form of Po pal Constitutions or Apostolic letters 1Motu proprio). ln addition, the ecumenical council, with the Pope, con promulgote laws binding on the entire Church. These laws would be found primarily in the decrees of a council. Since the second Vatican Council was primarily a pastoral council, ils decisions were to be presented lofer in a more legal form (Paul VI, August 17, 1966). This juridical presentation of the concilier teaching accounts for most of Pope Paul's "legislative adivity. Many of the Church 's new laws are issued, in the for rn of decrees, by the


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Congregations or offices of the Roman Curia. These various dicosteries, as they are called, have authority to issue regulations binding ali or sorne of the foithful. However, just as the work of the Pope is not limited ta a legislative role, so too the role of the Curio is not restricted to this dimen-

sion. lt olso issues numerous documents or guidelines which are not new laws, but which help ali the foithful follow better the· Church's plan for salvation. At the level of each country or region, the Episcopal Conference may a Iso

promulgate decisions binding those living in the territory. Many of the general laws now issued by the Holy See cali for more specifie adaptations on the port of the bishops ta the particular needs of the arec. A recent exemple of this is found in the Motu proprio "Matrimonia mixte" (March 31, 19701 which required thot particulor norms be enacted by each Episcopal Conference for the application of the document. ln this instance, the Conferences -had to legislate on the ceremonies to be followed in ·mixed· mar-riages, the manner in which the promises were to be made, the dispensation from the obligation of canonical form, and so forth. Each diocese, through the bishop or the local synod, may also enad laws binding ali the faithful in the territory. Such laws could concern practicol matters such as the time of masses, salaries of priests and pastoral agents, norms for the preparation of marriages, and so forth. ln addition, each religious lnstitute and approved ecclesiastical association may enact rules binding the members as long os they remain in the lnstitute or association. 15. ln view of ali the laws enocted by these bodies, con if still be soid thal the Code of Canon Law is in ellect? The general principles found in the first Book of the Code of Canon law remoin, for the most part, unchonged. Likewise, a number of prescriptions regarding marriage courts, temporal goods, and general notions on crimes and penalties. The other canons, while technically remaining in effect unless officiolly obrogated or suspended, must henceforth be interpreted in the light of the con ci li ar and post-conciliar documents. ( See address of Cardinal Pericle Fel ici to Synod of Bishops, October 18, 1974, in Communicationes, 6 (1974), p. 1571. The Code itself con nol be laken os the flnal word in low todOy. Nevèrtheless, it provides the basic rules for interpretation, and gives us the general context of any :egislotion. 16. What are some of the major changes in Church law in recent years? Most of the visible changes in the Church'S legislation thot affect the faithful in general, concern the celebration of the sacrements and the arder-


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ing of liturgy. The rituels to be followed hove been revised for ali seven sacrements. Most of these texts are preceded by introductory notes which give the laws now in effect for the celebration of the signs of God's saving power. ln addition, a number of other changes in the Church regard new struc-

tures or organisms set up ta· provide· better consultation and promote shared responsibility in Church governanée: Among these we could' m·e-ntiooAtfe· · Synod of Bishops, the revised Episcopal Conferences, Senates of priests, and diocesan pastoral councils. ln many instances, though, the corresponding former organisms have not yet been suppressed, so thot there still exists, for the lime being, a duolity of structures: Synod of bishopsCollege of cordinols; Conferences of bishops-plenary councils; senates of priests-odministrative councils and cathedral chopters. The legislation concerning these new consultative structures of government is to be found in various papal and episcopal documents. Further chorige in the law concern specifie categories of the foithful: a number of changes were made regarding religious communities and their obligations. These changes are found, for the most part, in the decrees of the Socred Congregation for Religious and Secular Institutes, os weil as in the decisions of the general chapters of religious communities. Another area of change thot has affected many of the foithful is the renewed activity of the Church's marriage courts. Generally speaking, the changes thot are noticed in this particular sector, are not based upon new lows, but upon the most recent interpretations of the existing law. These are found, for the most part, in the decisions of the highest Tribunals of the Church and constiute a "jurisprudence" thot may be followed by the other courts of the Church. The practice of judges in this and in other porticular fields will eventually lead to the codification of new lows. The speciolist will olso be aware of further changes in such creas as norms for the canonization of saints, the teoching role of the Church, episcopal outhority, ecumenical dialogue, and sa forth. 17. Are the new laws of the Church binding in conscience? Since Christian !ife is centered oround the core of love of God and love of neighbour, this !ife is to be guided primarily by the H~ly Spirit. However, experience shows thot not ali externe! octs, even of believers, have the twofold precept of charity in mind; externe! rules thus have been enacted ta show which of our acts ore or ore not volid exP.ressions of Christian love. These lows are binding, not in the sense thot their non-observance is necessarily sinful, but in so far as they, through the Magisterium of the Church, point out for ali Christians the path to be followed. The non-observance of a law is usuolly considered to be a delict; whether or not such a delict is sinful will depend on a person's insight, intentions, and motivation.


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lndeed, the materiel non~observance of the letter of the law might, in many circumstances, be preferable ta its literai observance. The new laws thot have been issued in the Church have the sorne effed as the preceding ones. However, it is very important to determine if a Roman or .an episcopal. text is, and intends to .be, _a _legC?I document. lt often hop. pens thot such texts ore more intended os guidelines thon as laws in the strict sense. Canon law provides thot the Holy Father has complete authority over the existing law of the Church and has the righi by law to change any legislative text promolgated by his predecessors. This does not apply, nofu¡ rolly, to dogmatic definitions, which are situated on an entirely different leve! to thot of ecclesiastical laws. lt is thus impossible to accept the opinion of those who state thot the Pope does not have the power to modify or abrogate decisions of former Popes, even in liturgical matters, and thot, consequently, his decisions are not bÎnding.

18. If ali Church laws do not necessarily bind in conscience, how do they oblige? Considering the observance of Church lows from a purely external point of view, they bind the faithful in the sorne way thot the rules of a society bi nd its members. A persan who does not observe the ru les of a society moy be punished according to the nature of the offense, and may eventually be expelled from the group. The Church, likewise, has a number of such measures available, which it uses very sparingly. These range from excommunication, or expulsion, to a series of wornings against delinquents. But since Church law olso has a higher purp:ase thon the simple ordering of society, its lows are olso binding in a different way. Many of the laws derive directly from Christ's teaching or from the revealed law, and hove as their purpose to ensure the spirituel well-being and salvation of the faithfui. These lows will bind in conscience, not becouse of their inclusion in the list of canons, but becouse of the will of the One who made them, Gad himself. Consequently, we must learn to distinguish between laws, not placing ali of them on the sorne leve!. Undoubtedly, it is more important to practice charity toword one's neighbour thon to observe materiolly the lows regarding Eucharistie fast. The sorne could be said of many other situations.

19. How con we determine the importance of a law? A number of ways exist whereby a persan moy determine the importance of a law: by considering its author, the imposition of sanctions for its nonobservance, the relative importance of the motter, and, especially, the monner in which the law is promulgoted.


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No law of an inierior body {v.g., a diocese} may be contrary to the prescriptions of o higher one (v.g., the Pope), unless the case has been specifkolly authorized. The legislative documents of the Holy Father hove the highest priority. The sondions imposed for the non-observance of a law likewise give sorne indication as to its importance. For instance, a priest who leaves the ministry to merry without permission, is excommunicated; yet, on the other hand, no automatic penalties have been imposed for the non-observance of minute lĂŽturgical prescriptions. The matter of the law moy give us sorne indication as to its relative im-

portance. Thus, norms concerning the use of the Eucharistie proyers in the liturgy would be of greater importance thot those regarding the decoration of a Church. The primary way ta judge the importance of a law is to study the manner in which it wos promulgated. A .law is not considered binding upon the faithful in general if it hos not been officially promulgated. Thus a secret law, or one thot hos not been made public, might weil bind those for whom it was issued, but not ali the foithful. The law is promulgated according ¡to a hierarchy of documents explained in the preface ta the Code. 20. ls there a hierarchy of legislative documents? The documents of the Holy Father follow a certain classification. Many of them cantoin explanations of the dogmatic, moral, or social teachings (v.g., encyclical letters, allocutions) but are not promulgated in the ordinary sense of the term. The legislative octs of the Pope are found primarily in Constitutions and Apostolic letters given on the Pope's own authority (Motu proprio). A constitution is the most solemn form of document issued by the Pope in his own nome. lt deols with doctrinal or disciplinary motters, but is issued only in relation ta most weighty questions. Many of the recent constitutions are not limited ta a judicial recital of norms; the doctrinal base for the legislation is clearly proposed and explained before the legislation is enacted. Of ali the papal legislative texts, the Motu proprio is the most common source of laws at the present ti me. This type of document is mostly legislative in nature and is directed to the Church at large. Sorne fifty Motu proprios have been issued in the post fifteen years. Ali of them, in one woy or another, modify existing¡legislotion. Consequently, they become one of the principal sources of the new law and ore of the greatest importance 1n interpreting and opplying canonical legislation. The legislative documents of the Roman Curio ore usuolly embodied in decrees, instructions, declarations, circuler letters, official responses, and sa on.

A decree is issued in case of necessity; if it is not in agreement with the


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existing laws of the Code, the Holy Father must be informed beforehand and authorize any change. The most important legislative acts of the Curie are issued in this form. An instrudion has os ils purpose ta explain more fully and enforce appropriately the prescriptions of law. lt is an explanation and complement of the legislation and is interpreted in the light of the general norms. Many of the detoiled regulations concerning the liturgicol renewal were issued in the form of instructions. A declaration has as ils purpose to interpret existing legislation or ta reply ta a contested point of law. lt generally does not constitute new law. The Holy See has devised this detailed system of laws in arder to help the faithful realize and understand the relative importance of its pronouncements. These distinctions have often been forgotten, leading to misunderstandings. This system does not mean thot other Roman docunients ore to be simply ignored; on the contrary, they constitute a very authoritative explanation of Church doctrine, but have not been issued as laws. lt would be a serious mistake, then, to place ali pronouncements on the sorne leve!, especially in those cases where rights and obligations of the faithful are in cause. THE NEW CODE OF LAW

21. When did the Church begin to revise its law? After the Code was promulgated in 1917, a number of changes were introduced into the Church 's legislation. However, most of th en{ were relatively miner and did not affect the general spirit of the legislation. But, when Pope John XXIII announced on January 25, 1959, thot he intended to cali an ecumenical council, he olso stated thot he intended to revise the Code of Conon Law to bring its spirit in tune with the times. A commission of forty cordinals was appointed on March 28, 1963, shortly before his death. At thot lime, Cardinal Pietro Ciriaci was named in charge of the project. When Pope John died, Pope Paul continued the work. On February 21, 1967, he appointed the then Archbishop Pericle Fel ici, who hod been general secretory of the Council, to succeed Cardinal Ciriaci who died on December 30, 1966. ln addition to the members of the Commission, consultors from various countries and regions were appointed to assist in the task. Sorne fifteen North American representatives were thus named members of or consultors to the Code Commission. On June 10, 1972, a second Commission was appointed to continue the work of preparing a code of law for the Eastern Rite Churches. 22. How is the work of revising the law being carried out? ln ali, sorne fourteen sub-commissions have been established, each work-


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ing in a relatively independent woy, with coordination assured by the general secretaries of the Commission. Once a sub-commission hos finished its work, it is sent to the Holy Fother who sends it to the bishops, the Unions of Major Superiors, and to the Pontifical Universities for comments. After the replies have been received, the sub-commission meets again to examine the remarks and prepare a new text. The revised texf would then be a studied by the Commission itself and forwarded to the Pope for promulgation. ln sorne instances, the Bishops have requested a second consultation before the text is promulgated as law. To date, the bishops have received the completed work of a number of sub-commissions. Such sections os Sacramental Law, Administrative proce· dure, Delicts and penalties, Fundamentol Law, have olreody been dis· tributed for exominotion and study. Other texts should be forthcoming in the "neor future.

23. What has been the reaction to the proposed new texts? The Commission hod os ils mandate to lake the doctrinal and pastoral orientations of the second Vatican Council and express these in j!Jridical lerms. lt was not authorized to change ali the lows Of the Church, but in ils work had ta remain faithful ta the decisions of the Council. Nevertheless, as everyone knows, the Church hos evolved most rapidly since the end of the Council. A number of the Constitutions, Decrees and Declarations of Vatican Il ore now dated. lndeed, the post·Conciliar legislation has Olready, to a great extent, introduced the major changes occepted by the Fothers. Consequently, a number of people expressed disappointment with the texts, saying thot they did not reflect the needs of the Church today or the state of theological development. Others objected to the use of new expressions and idees which were still being presented in what they considered to be a pre·Concilior mentality. The published reaction hos been rathér negative on many occasions. This, however, does not take oway from the value of the work, but shows thot it is not yet ready for promulgation. The reaction vcried also occording to the mentality of those who evaluoted the texts. The most numerous objections were raised ogainst the first projects relating to the fundomental law of the Chu,rch. New drofts of this text are being prapared by the Commission.

24. What legal value is assigned to these proposed Schemata? As they now stand, the proposed new canons have no juridical value, in the sense thot they ore not law, and won't be so until officially promulgated. Nevertheless, we hove always relied on the studies of experts and commentators for an authoritative interpretation of any given law. Since the


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consultors who drafted the proposed new texts are specialists in their particular field, their interpretation of what the Council intended, os expressed in the droft canons, constitutes one of the most outhoritotive interpretations of the Church's thin king on these matters, Consequently, it would be entirely wrong to disregard the orientations of the proposed new law, remembering though thot the dreff canons, at the present time, are but an interpretation of the Council's decrees..

25. What ore some of the difficulties facing the Commission? The need for consultation on the local leve! has brought to light a new problem to be foced: trained personnel must be available at the national or local leve! to evaluate the proposed schemata. Likewise, when the new law is promulgated, people will have to have been prepared to implement the prescriptions of the law at the national or local levels. Another difficulty is trying to reconcile various tendencies expressed in the Church, especiolly os the desires of the local Churches are laken into consideration. Since the problems of eoch region are diflerent, the desires vary. lt will probobly be impossible to satisfy everyone. Consequently, criticism against the law is inevitable. 26. ls any new trend discernible in the proposed new law? One of the most important innovations of the proposed new law hos been to establish, in many cases, a Iwo or three-level system of law, ta take individuel situations inlo occounl. The universal law, applicable to ali latin Rite Cotholics, will be expressed in the most general terms. ln arder to hove il apply to more particular regions or countries, the Episcopal Conferences will have to determine special rules for the territory, within the general framework of the universel law. At a third leve\, in sorne instances, the local bishop would determine the manner in which the universel and particular law would be opplied in his diocese. The law would thus have the quality of being more in tune with the needs of the porticular arec. The universolity of the law would be maintained, but its application would difJer according to porticulor needs of the region. This process will help overcome one of the most serious obstades facing the law: having it applied in the sorne woy in ali places at the sorne time. One or Iwo e;~~;amples would help clorify this process. The general law would stote, for instance, thot a certain minimum age is required for morrioge. The Bishops' Conference would be outhorized to raise this minimum age, depending on local customs and existing civil law. The local bishop <:ould then decide, at the third leve!, whot is to be dane in his diocese to


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prepare couples for marriage when they are of the minimum age. Another exemple could be found in the field of law for religious. The general

principle would state thot certain qualifies are required in a superior. The Constitutions of the community would then determine more specifie qualifies to be found in the Superior General of thot particular lnstitute.

With this two or three-tiered system of law, changes at the regional, national or local levels would be easier, and the entire process would become less cumbersome.

27. Does the proposed new law have other characteristics? One special choracteristic of the entire law is thot it will derive from doctrine. ln the post, this was not always the case; ĂŽndeed, at times one hod the impression thot the law was the bosis and the doctrine had to coĂŻncide with the legislation. As mentioned earlier, Pope Paul VI, on numerous occasions, has called for a doctrinal renewol of law, showing how the law is derived from sound doctrine, os expressed in theology. Another choracteristic is negative. To date, the Code Commission has not taken any decisions controry to the general thrust of the post-Concilier law. As it stands, the proposed new Code does not consider the possibility of women priests, of a married clergy in the Latin Rite, of new ministers of Anointing of the si<k, and so forth. Any changes thot mĂŽght or could come about in these delicate creas would have to be initiated by the Holy Father himself. A third chorocteristic is thot the new law will be considerably shorter in many arecs thon in the present law, since if will allow the local legislation to supplement it. 28. What criteria must the Code Commission follow? The flrst Synod of Bishops in 1967 opproved a list of ten criteria to be opplied in the revision of the Code. These could be summorized as follows: 1. Since the new Code will be a juridical text, determining the rights and obligations of the members of the Church, each conon must be juridical in nature; 2. Church law will continue to distinguish between the internai forum of conscience and the externat forum of provable facts; 3. Institutions in the Church hove as their purpose to foster the spirituor well-being of the faithful; therefore, the law is to faveur prudent equity in its application; 4. New faculties granted to bishops and major superiors are to be incorporated into the revised text; 5. The princip le of subsidiority is to be applied throughout the Code where possible, thus avoiding a centrolization of ali authority at the highest level;


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6. A clearJy defined monner of proteding the rights of individuels is to be expressed; 7. A system of recourse, either to higher outhorities or to administrative tribunals, is to be established for the protection of rights; 8. limits of jurisdidion ore ta be clearly defined; 9. Penal legislation is to be completely renewed; 1O. A new plan is to be proposed and the canons must be logically situated within the Code.

29. How will the new canons be organized? The overall plan proposed for the new Code would distribute the canons in a different arder thon in the present Code. The fundamental or constitutional law of the Church might be a seporote document outlining those principles which are fundamental to the Church and apply to ali the faithful of any rite. The sedion on the Sources of law would provide general principles of interpretation, and explain the vorious means whereby the laws of the Church come into effed. Legislation regarding the People of God will be divided into three parts: norms on persans in general, the states of the faithful, the hierarchy in the Church. The next section of the law would group legislation referring to the three functions of the Church: teaching, sanctifying, and governing. The rules regarding the sacrements, worship, Church government, and the Magisterium would be found in this port. The next two sections would be concerned with the temporal goods of the Church, and Penal legislation. The final book would deal with the protection of rights in the Church: tribunal procedure, administrative procedure. 30. ls any information given on forthcoming changes in the law? While the work of the Commission is carried out in secrecy, the Commission publishes twice o year a special periodical, Communications, which exploins, at times in great detail, the reasons motivating certain proposed changes, and provides insights into the forthcoming work of the Commission. ln most cases, the actuel text Of the proposed canons is not given since the wording is still subject to change. What is of greater importance at this lime is the orientation of the legislation.

31. Why is the task of revising the law taking so long? One of the principles odopted for the procedure, and requested by the Bishops, wos to invite os much consultation as possible.


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When a text is sent to an Episcopal Conference for study, the bishops must organize committees to prepare comments on the document. These comments must subsequently be examined by the Conference and opproved

in ils nome. Realistically, this process takes at leest six months to complete. The sorne procedure must be repeated for each of the proposed texts. Since the Holy See has not onnounced any schedule for the distribution ~f the drafts, the committees of eAperts ot the local level con only be established once a text has been received from Rome.

32. How long is the process of revision expec:ed to last? The Commission was appointed, os mentioned earlier, in 1963. lt could not reolistically begin its work until the conclusion of the Council; thus, in pradice, it has been working for sorne fen years. During the post few yeors, the work of flve of the fourteen sub-commissions hos been sent to the bishops for study. At the rate of one text a year, if would be another fen yeors or sa before ali the documents were ¡ distributed once. lt is possible thot the process will be accelerated, but unless there is a great change in the manner of proceeding, the entire work could easily lake fen to flfteen more years ta complete. This is not a long period in the life of the Church. lndeed, it would be regrettable if a new Code came out too saon, since we hove not yet experienced sufficiently the results of sorne of the new post-Concilier structures of government. 33. What are sorne "of the structures th<Jt are still loo new to legislate on definitivety? At the universel level, the Synod of Bishops is still seeking for a salisfactory way in which to carry out ils mandate. At the regional or national levels, Episcopal Conferences are. just beginning to pattern their modes of existence. The national pastoral councils are still non-existent. At the diocesan level, Senotes of priests and diocesan pastoral councils are still at the embryo stage. Finolly, at the parochial level, we stiJl do not hove efficient porish councils everywhere. ln spite of many difficulties faced in establishing these new collegiale bodies, they ore almost a necessity today since no persan con have ali the knowledge required in many branches to guide a large enterprise successfully; the sorne applies in spirituel matters. ln addition, we have not yet abolished certain porallel bodies or institutions which at the present lime are fulfilling little purpose, but which are still required by law. 34. Why is it too soon to legislate on some maHers? As a rule, any form of law follows life; life is not created by law.

Ill


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the seculor world, there cornes an opportune time fo have lows possed by the various Congresses or Parliaments of nations. Likewise, in the Church good legislation must flow from life and from experience.

The new post-Concilier institutions are still very young. If the law regarding them were promulgoted definitive/y, they would not be given a needed opportunity to grow. A period of e~perimentation is necessory in any endeovour of these proportions. 35. Will the new law be promulgated at once, or in parts? The Holy Fother has, so far, given no indication as to how he intends to proceed in promulgating the new law. lt is quite possible thot once certain sections are complete, they will be issued in Motu proprio form, or even as Constitutions. Once ali the parts have been assembled, a new coordinated code could be promulgated. Many canonists, though, are no longer speaking of a new "code," but rather of the "new law," since they doubt whether such a project will ever be completed, given the rapid rate of change in the Church and in the world toda y.

36. Will the new law hove as ifs purpose to bring about stability and security in the Church, as before? Any good law has os its purpose to promote the common good. Church law also hos the additionol role of providing a meons whereby the faith¡ fui con more easily pursue their poth toword union with God and attain Christian perfection. Law is simply a meons to this overall end. Consequent/y, it cannat be expected today to provide the final answer. While law indicates acceptable, and at times obligatory means, of attaining greater union with God, it is the product of !ife. ln a world of change, it is not surprising to flnd a lack of stability. Law should not be expected to bring about this stability, rather it is one of the results of graduai growth. We must not be afraid of growth and change. Consequently, if we ore looking towards the new law simply as a crutch or as a means of settling difficulties, our hopes will be unfounded. The law will be as good and as beneficiai os the people who receive and live it. Good law will only be received if we ore open to the movements of the Spirit. lt is not these movements thot will be controlled by the law, even though the latter will provide criteria whereby to evaluate their authenticity. lt is the Spirit who gives !ife, the letter iself does not.


RIGHTS IN THE CHURCH Adam J. Moida

1. What is the source of human rights? Within the history of mankind, the answer to this question has depended on the philosophicol, cultural and legal setting within which it is asked. ln the Seventeenth ond Eighteenth Centuries, the idea coalesced in European and American philosophy thot man had certain rights, inherent in his nature,

which were obsolute and inalienable and which the law was bound ta protect. To the extent the law did not do this, il hod to be supplanted. The cultural and legal systems of the Western democracies which had their origins in the rebellions attributable to this idee still, to a degree, recognize the idea thot the very nature of man secures certain rights ta him. The experience of mankind is not unitary, however, and contrary philosophies have from lime to lime asserted a different position. For exemple, one philosophy would identify power os the source of human rights. The idea thot a person's rights are those which he con impose on others had had currence particularly in fascist cultures and legal systems. Another philosophicol premise is thot rights are o "mutuel privilege" and thot individuels enjoy rights only to the extent thot the majority in society con agree on what those rights ore. This ideo of a societal consensus os the source of human rights is gaining acceptonce in many modern democracies, especiolly as regards those societies' treatment of their weaker elements ( e.g. the un born, the aged, the poor, the prison er and other minorities). Alternately, the philosophy thot the state is the source of humon rights and thot a person hos no rights except those ollowed him by the state hos always currence in totalitorian societies, of the aristocratie or proletarien stripe. The source of human rights, then, has been variously held to be the nature of the. individuel, the individuol's power, the consensus of society or the state. Religion, to the extent il is a cultural phenomenon, has often followed the pattern of its culture in the recognition of human rights. Medieval Christianity, at home in o monarchical world, spoke infrequently of rights and more often of the dulies thot a persan owed to his King and his Church. The law of the Church itself, which evolved in large part during this historical period, sometimes repeats this emphasis. Authentic Christianity,

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however, transcends cultural perceptions, philosophical definitions and legal systems. Authentic Christianity has always proclaimed the dignity of man based of its belief in the divine creation of man, Jesus Christ's own participation in humanity and His redemptive sacrifice. These events, Creation, Incarnation and Redemption are the primordial source of ali human rights

once and for o\1 lime. They have endowed man with a spirituel potentiel which tronscends history's obility to define or enumerate.

2. What kinds of human rights are there? The most basic and primory human rights are those which man has by virtue of his humon personhood. A thinking being created by Gad, and made radically free in bath his thought and action by Christ's redemptive sacrifice, must hove the rights which will secure his existence and his freedom. Man's right to be secure in his existence indudes the right to !ife and limb and the right to a living standard which includes proper food, housing, clothing and medical core. Man's righi to be secure in his freedom includes the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of assembly, association and movement. These enumerations are illustrative, not. exhaustive. Given the immense potentiel of the divinely created and redeemed humon persan, and the limitation of forms of philosophie, cultural or legal expression, no list of humon rights will ever be complete. As mankind cames to understand more and more the dignity of ifs adoptive divine sonshĂŽp, the perception of human rights which stem from this sonship is bound to expand. 3. What are some classic enumerations of human rights?

These include the Virginie Declaration of Rights 1June 12, 1776), the American Declaration of lndependence {July 4, 1776), the French "Declaration des droits de l'homme et du citoyen" (August 26, 1789), the Americon Bill of Rights (September 25, 1789) and the Universel Declaration on Humon Rights of the United Noticn's General Assembly ( December 10, 1948 ). Without exception, these declarations recognize os fundomentol man's rights to be secure in his existence and in his freedom. ln addition to these basic and primary human rights, ml?n has other rights which might be called derivative or secondory rights. These rights are derived from man's basic rights and manifest themselves in man's rerelations with his fellow man. Ordinarily their purpose is to protect man's basic rights and ta prevent their infringement or loss in man's contacts with society. For exemple, man's basic rights to !ife and limb and to an adequate living standard would be meaningless if other individuels, oeting clone or on beholf of society, could arbitrarily deny these rights. ln his relations with others, then, mon hos a derivative right to be protected in


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the enjoyment of his basic rights from the arbitary action of other individuels or of society. Similarly, from mon 's basic rights to freedom of thought, expression, assembly and association is derived the right to participote in the decisions which affect this freedom. These would be the rights ta par¡ ticipate in government, ta dissent from government and ta creole new governments. Under a government which allows no participation, brooks no

dissent and prevents ali change, the right ta free thought, expression, assembly, and association is meaningless. fn summary, there are Iwo kinds of human rights, those basic and primory

rights which ore due to man's personhood and those derivative or secondary rights which follow from those basic rights and which are reflected in the relation of man and of his basic rights to ether individuels and to society. 4. What tension exists in regard to human rights? As explained in the previous question, when an individuel cornes into contact with ethers and with society, the primary and basic rights due him by virtue of his personhood coll forth other, derivative rights which are necessary to secure man's basic rights in these contacts. Similarly, in arder to secure the basic rights of its members, society has rights which must be protected in their relation to the individuel. For exemple, society has the righi to be secure in ali its parts against the harmful action of an individuel. Society further has a right to effect the common good, and in so doing it may restrid the conduct of individuels. The tension thot exists with hum an rights, then, is the balancing of the rights of the individuel against the rights of ether individuels and society. How society, or those individuels acting on behalf of society, decide what individuel action is harmful or whot individuel conduct must be modified for the common good is often problemetic because it requires weighing the rights of a group against the rights of on individuel. Often the prejudice exists in favor of social arder and the curtailment of individuel rights. This tendency is unfortunate because it cerries within it the seeds of a deniai of ali human rights. Where decisions are necessary in the relation. of individuel rights to the rights of other individuels and of society, the rights of the individuel should be preferred unless there is clear proof thot substantiel harm to another or to society will result from the exercise of those individuel rights. Failing such proof, the dignity of the human persan requires thot his individuel rights prevail.

5. What are the rights of a Christian in the Church? To sorne, the very enunciation of this question suggests a paradox. ls the Church not a community of believers, a family in which the relation is not one of rights, one agoinst the other, but one of love? Such a per-


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ception has a value and o truth which cannat be denied. But even though the Church is a divinely established community, united in faith and love, it is also a community of human beings who must be reminded of the requirements of justice when they feil to act with faith and charity within thot commu~ity.

Just os in the. human_ community,. man's basic hu man

rights must be percieved end protected, so loo in the Christian community, man's basic rights os a Christian must be recognized and respected.

By virtue of his divinely created and redeemed personhood, a human being hos ali those rights necessary to make him secure in his existence and in his freedom within the human community. The fact of his Baptism makes an individuel a member of onother community, the community of faith and love which is the Church. Through his Baptism, the Christian has ali those rights necessary to assure his full participatory membership in and freedom within the Christian community. While it is impossible to state these rights exhaustively, because man's perception of them increases even as his under¡ standing of what it means to be a Christian grows, various attempts to enumerate them have been made. One recent enumèration promulgated by the National Conference of Catholic Bishops included the following rights: The righi ond freedom to heer the Ward of God and to participote in the sacramental and liturgical fife of the Church. The righi ond freedom to exercise the aposlolate and shore in the mission of the Church. The righi and freedom ta speak and be heord and to receive objective information regording the pattorol needs and offoin of the Church. The righi to education, to freedom of inquiry and to freedom of expression in the socred sciences. The righi to free onembly and ouociotion in the Church. The righi to protection of one's reputation, lo respect of one's persan, to octivity in accord with the upright norm of one's conscience and ta protection of privacy. The righi nol to be deprived orbitrarily of any righi or office in the Church.

To this numeration might be added certain other rights, such as the righi of ali members of the Church to receive, when they are in need, materiel assistance from other Church members and the right to enjoy ali the rights enumeroted here without distinction os to race, color, sex, nationolity, social status or age. Additionolly, a Christian has the righi to have his basic rights protected in his contracts with other Christians and with the Church itself. One way of stoting this is to say thot everyone hos the righi to an effective remedy whenever any of his rights as a Christian ore infringed.


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6. What is the role of the Church in regard to these human and Christian rights? Committed as it is to the divinely creoted and redeemed dignity of the humon persan, the Church should serve as a protector of human rights in the world. Whenever the Church perceives the deniai of humon rights by the prindpalities and powers -Jf the world, Her mission is to speok in defense of these rights.

But more thon a protector of humon rights, the Church

must also serve as a prophet of human rights. This is to say thot as man~ kind's perception of its own dignity advances, the Church must be in the fore, shedding the light of revealed truth on mankind's changing perceptions of itself and colling mankind's collective consciousness to acknowledge in greater degrees the demands of man's dignity. The Church as prophet must ever prodoim these newly-percieved rights of man and coll upon monkind as a whole ta reorder its values in accord with them. If goes -Withou"t Soying thot serving os it dOes às protedor and prophet of humon rights in the wodd, the Church is also protector and prophet of the rights of persans in the Church. lt must both see those Christian rights ore preserved and unfearfully push forword the perception of those rights. Such a task for the Church con be difficu'lt becouse it involves a duolity of raies. The Church is bath the procloimer of the individuel Christian 's rights and it is the greater society which is called to recognize those rights. lt is bath the protector of individuel rights and the very institution ogoinst which those rights of the individuel must be osserted. 7. What are the rights of women and of other minorities in the Church? Before ottempting ta onswer the question it is necessary to examine it. When specifie phrases like rights "of women'' and "of ether minorities" ore used there is on assumption present, nomely, thot women and minarities are different from ether persans. While there may be many differences amang persans, it is important to remember thot os for os rights of Christians and more specificolly the rights of members of the Church are concerned, these rights attoch to persans, not ta categories, groups or even raie positions in society or in the Church. Persans, regardless of sex, color of skin, education or social and economie position hove basic rights ta self-affirmation and to the free development of full personhood and, specifically in the Church, to the free and full realizotion of personhood, redeemed and full ¡of the promise of the Resurrection. ln any discussion of rights if i5 important to keep in mi nd thot the ultimate question is, whot ore the rights of persons? 8. ls it unnecessary, then, or invalid to ask, "what are the rights of women," or "of minorities," or even "of men" in the Church? lt is extremely necessary to ask these types of questions. They are bath


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valid and valuable. Their value, however, is not in the definition of rights. Rather, the real value of these questions may be the revelations thot come about in asking and answering them. for exemple, such questions may initiate a process thot forces a recognition thot the Church as Community and as Institution is not·contributing··to the ·development of the rights of·. persan. lt moy become evident thot righfs ore being recognized and fostered, but only on a selective bcsis. If may become apparent thot sorne ideas ore taught os universel truths, but thot the laws and the liturgical life of the Institution do not creole attitudes to support those teachings. More stortling, it may be thot questions like the ones above show thot sorne Church laws and customs actuolly deny persans their rights, because of their sex, color of skin, or becouse of sorne ether historical or social development thot goes unrecognized or unchallenged in the Church Community.

9. SpecificaUy, what are some of the rights of persons thot have been universally taught but have not been universally recognized? The first part of this question con not be answered exhaustively by any enumeration of rights. Persans have a right ta a presomption. Namely, every persan should have occess to those persans or things thot help the persan develop more freely and achieve full personhood. ln the Christian community, the persan and the community have this right and often times these rights must be seen in relative terms and in relationships. Among the rights of ali persans in the Church are those rights thot have been published by the National Conference of Bishops and quoted obove in question number 5. These ore a beginning, particularly in the context of the Church, because the Church must be always vigilant to en ha nee the dignity of its members. The securing of rights, however, requires more thon simply identifying them. The second part of the question shows the value of asking a question like "what ore the rights of women or of minorities in the Church?" ln osking such questions, it becomes immediately obvious thot even the incomplete list of rights gleaned from Church documents of universel dissemination and opplicobility hove not resulted in universolly equal recognition of the rights of persans if they are fern ole or if they are male but without sacred orders. For exemple, the right and freedom to hear the Ward of Gad and to participate in the sacramental and liturgical life of the Church is denied to women. ln sorne instances the deniai has been imposed by law. ln Canon 813, a server at Moss should not be a woman unless no male server is at hand. If the ·server must be a woman, she must stay at a distance ta onswer the proyers and she must not approach the oltar. Canon 1520 is on exemple of the deniai of women of a full right and freedom to exercise the apostolate and shore in the mission of the Church.


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ln thot Canon, the right to assist an Ordinory in the administration of ecclesiastical goods is reserved to men. Canon 1589 legislates thot Ordinaries must appoint only priests as promoters of justice and defenders of the bond in every diocese. Through the question of the rights of women and of minorities, one realizes thot rights are not only denied to women but also to other men. From this beginning question of the rights of women a second question

emerges, why are rights of persans distributed occording to sex and

ac~

cording to clerical or non-clerical states? Questions are raised, then, on the far reaching discrimination in the recognition of the rights of persans in the Church.

1O. ls there discrimination in the Church community? The right of a member of the Church is the right to full and active participation in every dimension of Church !ife. Yet it is apparent thot sorne persons may be denied their full !ife in the Church community for discriminatory reasons when one realizes, for exemple, how few blacks or Mexican-Americon dergy are raised to the Episcopacy. This is not to say thot discrimination is limited to women, blacks or Mexican-Americons. There are evidences of disproportionate hierarchical representation omong other ethnie ¡groups. What is becoming evident is thot the Church has followed, arid perhaps even perpetuoted, the discriminatory patterns found in existing political and cultural systems. The question of whot are the rights of women, or of other minorities in the Church, is valuable not only because it surfaces the very essentiel and unequal treatment and protection of the rights of persans based on race, nationality, social condition and sex, but also because it focuses upon the need for radical examinotion, for repentance and for fundamentol change thot is necessary before there is a meaningful realizotion of the common dignity and common rights thot persans have in the Church through their rebirth in Christ. These questions roise the consciousness of the Church and remind the Church os Community and as Institution of its role not only as a Protector of Rights, but as Prophet-as thot Body thot must constantly be realizing the rights of persans to self-affirmation within the Church community and as the Gospel community thot colis ¡far the reordering of society's values, a reforming of society's institutions and a redifinition, if necessary, of cultural roles.

11. How con the Church insure thot the rights of the individuel Christian are secure within it? The Church con begin ta insure the security of individuel Christian rights


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within il first by re<:ognizing thot these individuel rights exist, and secondly, by odmitting thot it or persans acting in its nome ore capable of violating these rights. lt is parodoxical, but true thot those acting on behalf of the community of believers have at times atternpted to restrict the full membership or freedom of individuel persans within the Christian community. lt is often difficult for such persans, dothed as they are with authority in the Church, and convinced of the honesty of their intentions, lo accept the foct thot their exercise of authority may cause harm to ether members of the

Church. Unfortunately, good intentions and the use of outhority do not always exclude the possibility of the infringement of an individual's rights. Finally, once the Church has recognized these rights and admitted thot it, or those speaking for it, are capable of violoting these rights, it must begin to undo these violations, where they exist, and must estoblish mechonisms to oct os a check on itself and those speaking for it so as to prevent fur¡ ther violations. One woy to undo the affect of continuing violations is a program of affirmative action. One mechanism which would check future violations is due process.

12. What is "affirmative action"? ln the civil law, there is no right without a remedy. An ineffective remedy is, of course, no remedy. Whether a remedy is effective or not depends upon the in jury. "Affirmative action" is necessary when the in jury is not remedied by merely prohibiting the continuation of certain offensive actions. If on injury is so deep or the culture has become so desensitized as not to recognize the existence of the injury, the only remedy may be what has been colled "affirmative action." Affirmative action requires thot positive steps be laken to effect a redress of rights ta Persans who hove been injured. The Church, whose function is to be Protector and Prophet, con offer nothing less thon affirmative action for the redress of the deniai of rights ta members in the Church, whether those deniais were deliberote de jure octs or a result of succumbing to cultural or political values and pressures. The deniai of rights ta women and to other minorities hos often been a by-product of other movements in the Church-like the reform of the clergy or the ris~ of clericalism. Vatican Il begon the process of recognizing the need ta lake affirmative action to estoblish the rights of ali persans. The types of affirmative action possible inoy grow out of sorne of the rights os suggested -by the Conference of Bishops and an examination of our lows, customs and our theology and the language used in our teoching and our proying thot may contribute to the perpetuation of attitudes not supportive of true equality and dignity for ali persans in the Church. The sacramental and liturgical !ife of the Church must be opened to ali persans. Ali persons must be permitted to assume responsibility for the mission of the Church. Church institutions and Church proctices must permit


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the right to speak and to be heard to ali persans. lt is not enough thot the law no longer discriminates agoinst women and minorities and instead speaks now of persans. Those groups thot were deliberately excluded must be deliberotely induded in every dimension of Church life. laws thot grow out of a decision to lake "affirmative action" creole new. norms of behavior or impose upon authorities, institutions and individuel persans the obligation to roof out discrimination for whatever reasons and to promote the recognition of the rights of persans. The prophetical dimension of the Church keeps the Church a pilgrim pe-:>ple. There are always

new ways to recognize the rights of persans and a need to revise institutions, customs and proctices to promote the full development of the dignity of persans boptized in Christ. 13. What is Due Process? Due Process is a term whose roofs are in the Anglo-American legal tradition. lt is a principle of justice rather thon a rule of law which con be defined categorically. legal theorists exploin the notion of due process by onalyzing its two-fold aspect. Substantively, due process means thot certain fundamental rights or freedoms, for exemple, the right to !ife or to own property cannat be denied or taken away without proper justification, good reason or just compensation. Procedurally, due process guarantees a persan adequate safeguords when his rights are challenged or questioned in administrative or judicial procedures. Among these procedurol righ.ts are the right ta notice, the righi to counsel, the right ta be heard, the righi to confront one's accusers when infliction of a penalty is at issue, the right to cross-exomination, the righi not to be judged by one's accuser, the right to appeal to higher authority.

•

14. ls the concept of Due Process new in the Church? N'JI really, since the Fourth Book of the Code of Canon law contains a judiciol process which is designed to protect the rights of individuels caught up in sorne legal conflict. Provisions are mode there for an independent judiciary, the right of on individuel to be represented by an advocate, the righi to a speedy trial, the right to appeal, and so forth. Historicolly, most of the cases odjudicated in the judicial forum have involved. the validity of the morrioge bond. ln addition, the judicial proceedings themselves ore intricate and involved so os to inhibit the adjudication of rights in most conflicts. Furthermore, experience has shawn thot, for the most part, the deniai of rights or the beginning of conflict between persans in the Church has its origirl in the discretionary use of administrative outhority. This judicial forum is not the proper forum for the resoluticn of administrative disputes. Present-


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ly, when conflid rises out of the use of administrative outhority, the only

remedy is on appeal to the immediate superior of the persan exercising administrative authority. For exemple, if an individuel is aggrieved because of sorne orbitrory action of his poster, his remedy is to appeol to the Ordinary, with a right to appeal to the Holy See; if his cam plaint is ogainst on . Ordinary or sorne diocesan agency, such os a school board, the oppeal is to the Holy See.

1 S. Why is such an administrative recourse in the Church insufficient for the protection of individuel rights? A number of reosons could be given ta explain the defic:iency of admin-

istrative recourse, but the following three highlight the porameters of the problem. First, the very minimum requirements of procedure! due process, os we know them in the .Anglo-Americon law,. are not olwoys operotive in the resolution of such disputes. The righi to counsel, to notice, to foce one's accuser, to cross-exomination, etc., are not required by the Conon Law, even though, in fact, many persans exercising administrative outhority in the Church do offer these procedure! due process sofeguords. The point of the motter is thot the Canon law does not require these due process sofeguords and, thus, in the law, they could arbitrarily be denied. Secondly, the present system does not provide for a neutra! and independent resolution. Often the superior authority to whom one has recourse is responsible for the appointment of the authority being challenged. ln addition, there is a reluctance to question the un favorable decision of a superior authority. Nevertheless, the independence of judgment and the integrity of a remediai procedure require thot a legal structure be created which insures o fundamentolly fair hearing in an independent forum. Thirdly, when a persan is aggrieved by the exercise of administrative authority in the local Church, it is unreasonable, and often impossible, from a prodical standpoint, to have recourse to the Holy See. Distance, language, expense and cultural differences often creole a situation in which the difficulty in protecting rights results in their deniai. A legal procedure and an administrative forum need to be accessible and available if they are ta be on effective instrument for the protection of individuel rights. Only os a !ost resort and ta insure the total integrity of the process should recourse be had to the Holy See.

16. Has the Church in the United States adopted a due process procedure for the protection of individuel rights in the Church? Yes. For sĂŤverol years, the Conon Law Society of America hos addressed itself to the question of rights of Christions in the Church and ta the development of a procedure for the protection of those rights. ln November, 1969,


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the National Conference of Cotholic Bishops adopted a model procedurol plan entitled "On Due Process" recommending to the Bishops of the United States thot such a madel, properly adopted to meet local needs, be adopted in ali the dioceses of the United States. On October 23, 1971, the Holy See opproved this legal concept and due process procedure. Today most dioceses in the United States have sorne form of due process procedure and structure.

17. What are the key elements in this Due Process mode!? The madel hos a three fold structure. The flrst is Conciliation. When two parties are in conflict, they agree ta the conciliating services of a third party

who attempts to bring the parties to an agreement. ln the context of Chris¡ tian love and peoce, conciliation is the primary process for resolving disputes in thot it is designed for the reconciliation of persans rather thon an adjudication of legal rights. The second structure consists of arbitrotion. ln this process, the disputants agree to be bound by the decision of an arbitrotor who makes his findings of fact and arrives at a conclusion. The third structure consists of a judical process. This process would be used when one of the other parties is unwilling to conciliate or arbitrale the dispute. lt would also be invoked when a legal anolysis of conflicting rights is needed. From the resolution of conflicts within this structure would evolve a jurisprudence which would clarify more precisely the meaning of individuel rights and their application to given fact situations.

18. Will the revision of the Code of Canon Law provide for a legal structure to protect the rights of individuels? The Synod of Bishops, meeting in Rome, in October, 1967, voted unanimously to establish administrative courts and provide for administrative procedures to sofeguard individuel rights. Subsequently, 0 Pontifical Commission wos creoted ta draft legislation which would implement this decision. An administrative procedure hos been developed and has been reviewed by Church outhorities and cononical experts throughout the world. The proposed administrative procedure reflects most of the essentiel elements adopted by the Americon Bishops in their Due Process model. lt ĂŽs anticipoted thot this administrative procedure will become on integral port of the universel Code of Conon law when it is finolly promulgoted. 19. Has the proposed "Lex Fundamentalis" addressed itself to the question of a Bill of Rights? The Bill of Rights is a lerm which has reference ta the enumeration of fundomental individuel rights which are given protection under the first


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ten amendments of the United States Constitution. As expressed in the answer to question number five, the Church in her teaching hos also recognized as fundamental certain basic rights of individuels though there has not yet been a collected enumeration identified as a "Bill of Rights." However, the proposed "lex Fundamentolis," in its latest draft, has adopted as port of its purpose a delineation of sorne of these basic rights. For exemple, among the rights it esserts are: ( 1) the righi to portici pate in the mission of the Church and engage in aposta lie action to ablain this purpose; ( 2) the righi ta heer the ward of Gad and porticipate in the sacramental life of the Church; ( 3) the right ta free association in the Church to promote works of religion and piety; ( 4) the righi ta a good nome; ( 5} the righi to freedom of inquiry in the Sacred Sciences; (6} the righi to pursue a remecly in the Ecclesiasticol Courts when one's rights hove been denied. ln this sense, ossuming the proposed lex Fundomentolis will become an integral part of the Code of Canon Law, the Church will hove adopted ¡a "Bill of Rights." lt should be noted, however, thot just os the meaning, interpretation and limitation of rights guaronteed by the United States Constitution are subject to a legal growth and development, so the meoning of the fundomental rights os described in the proposed "Lex Fundamentalis" will be subject to legal development os cases arise and o jurisprudence evolves to interpret those rights.

20. How does one lose his rights in the Church? A serious problem in modern society involves the imposition of penalties on those individuels who offend society or ether individuels. There ore many todoy who would question the need for severe penalties on wrongdoers. As question nvrnber four indicated, the bolondng of the rights of the individuel ogoinst the rights of ether individuels and society is often problematic. A basic principle stated there wos thot individuel rights should not be curtailed or modified unless the alternative would clearly couse horm ta society or ethers. With the imposition of sanctions, which go beyond curtoilment to deprive individuels of their rights, "horm" is also determinative. Sondions need be imposed by society only where individuel action results in a clearly identifiable harm to society or to ethers. Just as it is true thot those in authority in the Church have on occasion acted contrary to the rights of individuel Church members, so loo, individuel members in the Church hove on occasion acted controry ta the rights of the Church and ether Church members. Theologically, the Church is a community of love where one worships God and relates ta his fellowman in the context of the Gospel teaching. Yet, eoch person is part of the hvman condition, and, as such, his actions and activities may sometimes harm the Church community of which he is a membcr or may be in violation of the basic rights of onother. Thus, the fifth Book of the Code of Canon law


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treots of penalties and sondions. Becouse the incurrence of a penalty carries with it the obridgement of persona! rights, it is most important thot the safeguards of procedurol due process be operative before one is deprived of any rights in the Church. ln the proposed Revision of the Code of Canon law, the preliminary draft of the Fifth Book of the Code differs significontly from the present legislation.

Ils tone is less legalistic and juridical; ifs view of persans in an ecclesial society is much more pastoral. This is evident in the simplification and reduction of penalties, its stress on penalties os a last resort, ifs reduction of automatic penalties imposed without the safeguords of procedural due process, ils treatment of general penal princip les, mentioning specifie offenses only when it is thought to be of significant importance to the whole Church and, flnally, its effort to provide a judicial process in the infliction of most penalties, so thot persona! rights might be better protected. Although this proposed penal legislation is a vast improvement over the present penal law, one might seriously hope for a more theologicol rotionole regording these sanctions, a rationole keeping with the theologicol themes of Vatican Il, such os, the mission of the Church in the service of the Kingdom, the freedom of believers, outhority os service and the sinfulness of the Church. Postorally, one might even question the proctical volidity or necessity of many ecclesiastical penalties in the light of the Church's reconciling and heoling power and the socio-religious phenomenon of nonacceptance of law among many peoples. Juridically, although elements of procedural due process are present in the proposed legislation, one might desire an unequivocal assertion of the exigencies of due process. Even though these questions exist, the proposed legislation is a solid advance in the Church's seorch for a better law on sanctions, a law reflective of the theological realities of the day. Serving as il does as prophet of individuel rights, the Church in ifs own legal system con do no less thon continue to advance ils own, and mankind's, unè:lerstonding of individuel rights in the critical orea where it moy be necessarYto impose sanctions on ¡those rights.


STRUCTURING THE COMMUNITY James H. Provost

1. A special insight of Vatican Il is thot the Church is primarily God's people. Why are we so concerned os Catholics with structures? The Church is fundamentally a community of people who shore the sorne values and live these out individually and in community. As a people we

have o history. Structures ore the woy in whkh we continue thot history, transmitting the basic religious values we hove received and celebrating them.

How effective structures are depends upon whether they ore seen

as something important in themselves, or as a means to the more basic end or mission of the Church. Any lime people gather together for a common purpose, sorne type of

structure or organized interaction develops, even informally. More formol expression of these interactions are developed to protect the rights and freedoms of people within the group. Such formel structures provide e clearer determination of the roles and responsibilities of members of the group end of those who exercise authority or minister to them. Since Church people exist in lime and space, structures of territory are needed to clorify how they relate from place to place. There is no such thing as e "clossless" society, so class structures ore to be expected even within the equality of believers. The Church exists to proise God, develop the Christian life among its members, and to proclaim the Gospel of Christ and his liberating, heoling presence to a sinful world. Structures of worship, administration and mission are important elements of the life of the Christian community. The organizotion of the People of God con focus on one or another of these structures as the most important, and place the ethers in relative priority to il. What structure is given the most attention often depends upon whot "mode!" of the Church is being used.

2. What do you mean by "models" of the Church? These ore not scale models of the Church in miniature. Rather, they are working models which come from different schools of theology or basic insights into the Christian life. Father Avery Dulles has identifled various working models in the Church todoy. The Church con be seen as an institution, much like a politicol 269


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society. The organization of various structures in the Church will be based upon political models drawn from civil experience. Others see the Church os a communion of persans. Sometimes this is from a mysticol or spirituel point of view emphasizing the Church as the Body of Christ. For ethers, the working madel is based on the sociological experience of small groups and populor movements, seeing the Church as the People of Gad. Another emphosis is the Church as Sacrement. This draws heavily on the sacramental theology of the Church, and emphasizes the spirituel realities which ore made present through the externe! structures.

Seeing the Church as herald or witness of the Gospel is especially attractive to people of a missionory concern. Understonding the Church from the point of view of servant seems to speok especiolly for people who are sociolly involved with liberating the poor and oppressed. Whot structures are emphasized as the most _important will be colored for each of these groups by their in!tial insight into the reality, purpose and function of the Church. The Second Vatican Council views the Church from two different perspectives. One is to begin with the Universel Church, as a hierarchical and world-wide reolity. Another perspective is ta begin from the smallest living ce\1, where "the foithful are gothered together by the preaching of the Gospel of Christ, and the mystery of the lord's Supper is celebrated." Even within the more world-wide perspective, there are different points of view. For instance, the theologiens at the ti me of the First Vatican COu neil placed great stress upon the unique importance of the Pope. Hans Kung hos emphosized the concilier principle os central. These theoreticol debates have practicol ramifications on the structure of the Church. For instance, the current Code of Conon law, promulgated in 1917, is an accurate reflection of the mode! used by theologiens around the time of the First Vatican Council. As a revision of the law is being prepored, the question of what mode! it will follow is a very crucial one. The sorne is true at the diocesan or local porish leve! as people attempt to implement renewol in the Church.

3. Which "model" is best for the Church today? There are assets and liabilities to each approach. As a matter of fact, each one of us has his own personol mode! of the Church, quite often a combination of severa! of the above, from which we evaluote the starting point we want to take. lt is anticipated the new law of the Church will toke into occount three basic principles which have received special attention in our time. These ore: legitimote diversity, subsidiority, and coresponsibility. legitimate diversity is a fact of !ife, and has been odopted os a fundamental principle in various documents of the Second Vatican Council. Sub-


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sidiority is predicoted on dedicotion to the welfare of the members and dignity of the individuel. As Pius Xli pointed out, the ultimate purpose of Church law is "the salvotion of souls," or the promotion of the conditions necessory for persans to respond in faith to Christ's coll in their lives. Coresponsibility, on the other hond, emphasizes the contribution each is called to make in building up the Church at various levels. Each persan contributes

to the welfore of the whole Body of Christ, whether at the most local levet, in its world-wide aspect, or any place on the continuum in between.

To put these principles into practice, an increasing number of theologiens and canon lawyers are recommending the "community" or "communion" madel of the Church. This sees the people of God as a community of persans, hierorchically structured but equal in "one lord, one faith and one baptism" and shoring responsibility for the !ife and mission of the Church itself. The madel has deep roots in the tradition of the Church, was one of the more influentiol ways of thinking about the Church at the Second Vatican Council, and provides o bosĂŽs for the reform of Cotholic life which the Council mandated. Applying this mode! to the structures of the Church will not necessorily cause a revolution in Catholic orgonization. But it will give o more flexible spirit to Church structure, and provides sorne important insights for explaining thot structure.

4. ln today's situation, where does one begin to explain the Church's structure? The sterling place in previous catechisms wos to begin with the Pope and the Bishops os successors of the Apostles, who carry out the command of Christ to go and preach the Gospel to ali men and to bring the saving witness of the Gospel and sacrements to the believing community. However, beginning with the local Church where the G:>spel is preached, the sacrements ore celebrated and Christions live in a comm¡Jnity of love and concern, has many advantoges for people of our day. lt emphosizes the effective transmission of Gospel values which occurs in a community rather thon strictly institutionol setting. lt also liberales the Church for

mission within the local milieu and provides a basis for fu!! participation by ali members in the very !ife of the Church itself. Such a community-centered perspective is olready the experience of many Christions who hove participated in movements of spirituel renewol and persona( opostofate. ft was this sorne perspective which led the members of the early Church to Christionize the Mediterraneen basin.

5. What about the traditional parish? lsn't il the structure of the most local exp~rience of Church? Pastoral experience indicotes thot any parish is mode up of a voriety


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of smaller commun•t•es. Trcditionclly, the makeup of the pcrish wos determined on the basis of geography ond whether if hod sufficient incarne to provide for clergy, church buildings, and essential progroms. "National" porishes, whîch hove been an exception, focused on specifie co~munities bosed on language or culture, but not necessarily on the effective interaction

of people. There ore a number of questions about the viability of the traditionol

porish structure. ln most cases today, parishes are too large to provide an experience of Christian communion, and have been criticized voriously for a supermarket approoch to the sacrements, depersonalized approoch to pastoral ministry or overwhelming burden for the clergy. The troditional porish con survive, however, if modern organizational and administrative skiffs are applied creatively; greater account is laken of the principles of legitimate diversity, subsidiarity and shared responsibility; and specifie recognition is given to the fact thot the "local church" is quite often much smaller and more diverse thon the porish itself. Sorne parishes have begun emphasizing t~e proyer aspect, developing the parish center into a house of proyer and in this way drawing together the various communities which form the porish itself. Others have broken the porish down into sub·groups based either on geography or persona! grouping, while still others have restructured according to a more missionary outlook. Two major structural developments have occurred in the last fen years. The first of these is porish councils. The quolity and focus of councils varies from thot of o buildings-and-maintenance committee to o place where rep· resentatives of the en tire parish come together to lake counsel on the mission of the Church in thot crea. Councils do provide a basic structure for the expression of shored responsibility by the entire parish. lt appears, how· ever, thot Roman Catholics in the United States have yet to lake advantage of the experience of their non-Catholic neighbors in evaluating the pitfalls and strengths of the parish council movement. New forms of ministry· within parishes are developing. These range from the naming of "associote pastors" instead of "assistants to the pastor," to full-fledged team ministry involving clergy, religious and lay persans. Al· though sorne dioceses have estoblished clecrly deflned guidelines for teom ministry, in most cases the experience with team ministry is still so new thot it should stiJl be considered in an experimental phase. The canon law concerning parish structures is rather minimal. The Code relates primarily to the European experience where porishes as established as "benefices." ln the United States, the European system hos _not been followed. Since the Coundl, the diocesan bishop enjoys considerable latitude in establishing new ways of structuring parish life in order to meet the needs of people in a changing world.


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6. What are some creative alternatives to the traditional parish? The alternatives depend upon the major concern for which a local church is being organized. ln sorne parts of the country, a mission thrust even to persans nominolly Roman Catholic has become the chief focus. ln ethers, an ecumenical commitment has become of major concern. ln still ethers,

the development of a community experience for people olienated in an •mpersonal, frogmented society forms the basis for restructuring. Borrowing from an experience of French and Sponish-speaking parts of

the world, sorne are developing "basic Christian communities" (a version

of communidades eclesiales de base). These communities of up to twenty families develop close bonds of faith and worship, provide the setting for Christian formation and development of members, and are the base for active apostolic involvement by the members. "Persona!'' parishes have been developed in university communities for sorne time. Other persona! parishes are developing on the basis of corn~ mitment rather thon just territorial location, primarily through the charismatic proyer experience. Ecumenical clusters are also developing. These range from sharing the sorne facilities, to developing certain common programs, to a "covenant" whereby the two communities develop a close spirituel relationship. Often the traditional parish sees these new developments as a threat to ifs continued existence, or as drawing off the more dynamic members of the traditional parish and thus weakening its programs. While this may be true in sorne circumstances, current sociological evidence indicates thot an increasing number of Roman Catholics do not find a satisfactory experience of Church in the traditional parish. Providing creative alternatives may not be drawing off from this traditional parish so much as revitalizing the life of the Church itself. Within individuel dioceses, and within regions of the country, it would be advisable to develop guidelines to assist in the development of these alternatives. This could reduce the "threat" to traditional parishes and improve the integration of creative alternatives into the life of the diocesan church.

7. lsn't the "local church" really the Diocese? The Second Vatican Council certainly speke of dioceses in this way. Because it is presided over by a member of the episcopal college, the diocese is a true "local church" from one perspective and as such forms the basic unit of the Roman Catholic Church. However, the council left a number of questions unanswered. The Bishop is the source of unity within his local church, sa there are ether, "more local" expressions of Church within the Oiocese. The Bishop forms with his priests


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a Presbyterium in service to the local churches; he is not to do ali the work by himself.. He a Iso is the link of communion of the diocesan church with the "local churches" throughout the world. Further work is needed on questions such as con the communion of the universel Church be adequately

expressed by the collegiolity of individuel bishops, and to whot extent is the bishop bound to synodal activity locally? Il is undoubtable thal the bishop today is o key to whether the local church will come olive, or just continue an outdoted fife even with renewed structures. The test is whether the bishop considers his presence as a proprietor, or as a steward. If he "owns" the diocese in his own mind, it is unlikely the principles of legitimate diversity, subsidiarity and coresponsibility will be creotively implemented. On the. ether ha nd, if he thinks of his position in the Diocese os thot of a steward, he is more likely to involve the entire local church in the development of the time, talent and treosure for which he is accountable. The Council and subsequent decrees by Rome have called for bishops to work at the reorgonizotion of diocesan boundories and the internai reorganization of diocesan life. Certain criteria have been developed in terms of the size and boundaries of dioceses. They should include ali the institutional, sacramental and chorismatic gifts intrinsic to the Church's mission. The diocese should include a variety of composition in the People of God, not just a homogeneous cluster. Concentration of population, civil jurisdictions and social institutions need to be respected. The diocese should be small enough so thot the bishop con know his priests and people but lorge enough to provide an opportunity for various ministries. ft should obviously include sufficient clergy, diocesan institutions and financial resources. Sorne pastoral theologiens suggest a ratio of one bishop for every fifty priests. Compatability with the structures of ether Christian churches should also be laken into account. Within the internai orgonization of the local church, severa! patterns seem to be emerging. The metropolitan area around Paris, Fronce, was redivided nearly a decade ego. The central core of the city wos named the archdiocesei the surrounding creas became an inner-ring of dioceses. The major suburbs were formed into on outer ring. The entire grouping is the province. The archdiocese ond the inner-ring are served by the Archbishop and respective Bishops in a collaborative manner, sharing personnel and resources. Other major archdioceses have attempted to divide their territory into vicariales with an Auxiliary Bishop in charge of each vicariale. Auxiliaries fock the iurisdictional responsibility ond authority that the local Bishops have under the Paris madel. But as episcopal vicors, they con exercise a more creative role in the local church thon was formerly possible. Beginning from a more local base, sorne major archdioceses have been


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developed into much smaller vicariales which elect their own vicars. The vicars together with the Archbishop form the policy making or line authority in the archdiocese. The Chancery and ether diocesan officiais appear more specifically as staff.

8. Who has the power now? If coresponsibility is ta be more thon an accident of personality, it needs ta be integrated into the structural fabric of the Church. Traditionolly this was done by the involvement of various diocesan officiais, many of whom held positions with considerable stability and power. Broadening the base of power is important if the legitimate diversity of the Church is to find expression and protection in the local diocese. Two basic structures ore emerging for this: the Council of Priests and the Diocesan Pastoral Council. The Council of Priests, often ca lied the Priests' Senate, is based upon the coresponsibility of the Presbyterium, or dimension of Orders, in service to the local church. The Bishop and his priests together form this Presbyterium, as they are sharers in the one sacrement of Orders. ln sorne dioceses, those ordained to the diaconate are also included, since they elsa shore in the sacrement of Orders. The Diocesan Pastoral Council expresses the coresponsibility of ali the people of Gad-Bishop, priest, lay persans, religious-for the mission of the Church in this diocese. lt is the place where they come together to take counsel on the life and service they os a community will perform. The interrelationship between these two bodies is yet to be defined. ln ¡ most cases, it depends upon who is willing ta do how much work. Sorne dioceses are developiilg the Pastoral Council as the flnol agency of shared responsibility; in ethers, the Priests' Senate hos the role. Still ethers ore talking about a "two house" arrangement, in which important metiers wou id be reviewed by eoch body. lt will be important over the next decode to develop cleorer !ines of relationship between these two groups in arder ta assure their close cooperation. One key to such development is effective pastoral planning. By identifying goals, objedives and priorities, and clearly specifying who is responsible for implementation and occountability at eoch stage, the relative responsibilities of such diocesan bodies con be worked out. As lay persans and religious become more involved in ministeriel functions previously thought restrided only to dergy, pressures ore building to change the concept even of the Priests' Senate and Presbyterium. However, since this dimension of Church strudure is based upon a sacramental reality of Holy Orders, it is doubtful thot any drastic change will take place in this area. Money is another factor related to power. An increosing number of dio-


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ceses ore publishing financia\ reports and establishing greater occountability to the foithful for the contributions received. The National Conference of Catholic Bishops has developed a standard accounting hondbook, and if this were adopted by ali American dioceses it would provide a systematic approach to fiscal accountability. Diversification of functions within diocesan administration, the involvement of qualified lay people on odvisory boards, and implementing budget processes for diocesan funds ore ali stages in developing this fiscal responsibility. Other agencies which have diversified the power structure of dioceses today are Personnel Boards, Due Process and Grievance Committees, various commissions and offices for specialized ministries, and particularly the agencies responsible for education. Ultimately, it is the decision-making process itself which will say most clearly "who has the power." Where the process is open, provides opportunity for creative involvement of the vorious dimensions of Church life, and assures accountability of ali who participate, then dedsion-making itself becomes an expression of the Church rather thon the exercise of a power elite. Categories such as "deliberative" or "consultative" have often been used to identify what stage in the process is filled by various agencies, organizations or individuels. When laken in isolation, however, these terms may not be adequate to the reality of Church fife os projected by the Second Vatican Council. Shared responsibility within the respective competencies of the structured community is a more complex and less eosily categorized ¡experience. Assuring accountobility of those who have the responsibility to serve the community is more difficult thon determining who has the final say, but in the fast analysis it will provide more effective structuring of the exercise of power in the Church.

9. ls anything happening beyond the local diocese? There is a lot happening. Traditionally, the Roman Catholic Church has consisted in the local diocese and the Universel Church~r, the local Bishop and the Pope. Any intermediary structure at the national or regional level lacked ifs own proper authority. This is changing rapidly. At the state level, twenty-eight state Catholic Conferences have been formed. While primarily governed by bishops, sorne have broad participation on their governing boards. These attempt to develop greater collaboration among the dioceses within the state, and to provide a corn mon opproach to state questions on the part of Roman Cotholics. They ore becoming an increosing force not only in the legislative halls, but also in dioceson decision-moking and development of important social, educotional and pastoral programs. Provinces are the traditional canonicol structuring of severo! local dioceses.


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As with diocesan boundaries, the bishops of each nation have been asked to examine the reorganization of provincial boundaries also.

ln sorne

cases, provinces are an effective unit of collaboration. ln ethers, they represent previous historicol circ:umstances which no longer correspond ta the pastoral needs of today. A third level of structuring hos begun in the United States in the form of the twelve regions of the National Conference of Catholic Bishops. ln some cases, the region has become an effective unit of collaboration for planning, consultation and pastoral development. ln ether creas, the region is poorly formed and does not representa workable unit. The idee, however, appears to have much in its favor if the legitimate diversity of the Church within the United States is to be respected by the NCCB. The National Conference of Carholic Bishops itse/f is a new sfructui-e in terms of Church law. Although the former National Catholic Welfare Conference brought the American Bishops together on a reguler basis and provided them with a dedicated secretariat, it had no legal standing in canon law. Since the Second Vatican Council, this has changed. To implement many of the reforms laid down by the Council, each nation has been required to establish a Conference of Bishops and considerable responsibility ~as been given to the Conference. A Conference of Bishops, however, cannet bind individuel bishops by ifs decisions except in matters which have been approved by the Holy See, and on which two thirds of the Bishops vote agreement. Although their authority is thereby limited, national episcopal conferences have considerable impact in the Church today, They elect the members to the world-wide Synod of Bishops, they speak the concerns of the Catholic Church in the nation itself, and they have touched many aspects of Catholic life-ranging from liturgical practice to catechetics, the interpretation of faith and morais to social justice and missionary concerns. 1O. Are "national churches" starting to develop? ln one sense, they seem to be. For instance, in the United States we have. our own language in the liturgy, we have developed our own procedures for hondling marrioge cases, and we have started to develop an identifiable spirituality and theological community. The developments here have a distinct/y Americon flavor, which con be recognized when compared to the Canadien, Brazilian, ltolion or Dutch opproaches. foch nation seems to be developing its own flavor of being Roman Catholic. This is not bad. The cultural diversity of various nations has traditionally enriched the life of the Christian Church. The post-Reformation phenomenon of imposing a specifie cultural experience of Roman Cotholicism on the rest of the Cotholic world does not represent the longest tradition in the Church. The need to root the Catholic faith in the local culture hos been


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recognized by missionaries for sorne time. There is always a tension in the Church between the local and the uni¡ versai, the national and the international. But this is also true within the local parish in the tension between the local community in which someone feels "at home" and the porish community, and between parishes and the diocese. This tension, if faced creatively, leeds to the fuller experience of Roman Catholic life. When the tension is denied or submerged by one or the ether pole, the Church itself suffers. What does seem to be happening is the sorne process which led in earlier centuries to the development of the various Rites or Particular Churches. Currently there ore five Eastern Rites in the Roman Catholic communion, but only one Western Rite. As national episcopal conferences develop their own liturgical usages, Church discipline and spirituel heritage, they will be forming what ore in effect new Particulor Churches. This diversification within the world-wide Cotholic communion is long over due, and weil within¡ the traditionol legal fromework of the Church.

11. How are the various Particular Churches going to relate? Structures are already developing for this. The Synod of Bishops, creqted by Pope Paul towards the end of the Second Vatican Council, is meeting on a somewhat reguler bosis. Representatives of the various national episcopal conferences and Eastern Rites gather for discussion of motters of mutuel and universel concern. After each session of the Synod, the structures and procedures hove been evaluated and modif1ed. This is still an experimental period in which the ancient synodal structure is being adapted to modern times. The role of the Pope himself is speciflcally to serve as the source of unity for the various Particular Churches. For some, this role has been obscured by the fact thot the Bishop of Rome is elsa the Metropoliton of the Roman Province, Patriorch of the West, and head of the College of Bishops as successor of St. Peter. A greater diversification of Particular Churches con clarify the specifie unifying function of the Pope within the Catholi<: Church. The Pope exercises this function in a variety of ways. One of the more practical ones is the use of opostolic delegates in various countries around the world. Proposais have now been made for national episcopal conferences to reciprocate by having official representatives at the Vatican similar to the ambassadors of civil states, but charged with the responsibility of coordinating the work of the various Particular Churches around the world through the offices of the Pope in Rome.

12. The Pope still has the flnal word, does he not? ln one sense, he certainly does. However1 the question itself needs to be re-examined.


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The Pope exercises the Petrine Office in the Church. The exact meaning of this office, however, is something which is under constant study today. Ecumenical consideration as weil as tradilional dogmatic theology have raised questions about the precise meaning of the Petrine Office in the Church. lt is difficult to express it in law until it has been clorified in theology. Whot is clear so far is this. The Pope exerdses the Petrine Office as if was intended by Christ. The Second Vatican Coundl clarified thot Christ intended to estoblish the Apostles as a college, and thot the bishops with the Pope as their head succeed the Apostles with Peter as their head. The exercise of the Petri ne Office cannat be separated from the life of the Church, nor from the role of thot office within the College of Bishops. This does not mean thot the Pope must always act collegially, however, and there are times when the head of the Episcopal College may act without having to involve ali the Episcopal College themselves, although his action is never over against the rest of the Co/lege of Bishops. ln arder to express this more clearly, Pope Paul has been reforming the organization and structure of the Roman Curie itself. These offices, which assist him in his service to the Universel Church, now include a more international staff and greater involvement of bishops from oround the world in the policy setting meetings of the various Congregations. More frequent consultation is made of the national episcopal conferences, and individual bishops are being informed in advance of sensitive statements in arder to develop greater collaboration among ali the members of the episcopal conference in motters of major importance. The Synod of Bishops has ossumed greoter responsibility in this regard. As a collegial expression of the responsibility of ali the bishops for the mission of the Church throughout the world, the Synod has discussed a number of sensitive, critical tapies. lt has advised on the establishment of certain basic directions in the reform of the Church's law and pastoral practices. As mentioned earlier, it is beginning to provide the experience which could lead to a broader policy-setting structure for the Universel

Church. 13. Where is il ali headed? This is very difficult to tell without a good crystal bali. The reform of the Church's law, which will have an obvious effect upon the struduring of the Church community, is still very much in the debate stage. A proposed "Fundamental Law" for the Church, which would establish its first written Constitution, was rejected after considerable debate oround the world. A new draft is being developed. lt should express the basic structural relationships within the Church, guorantee the rights and duties of Church members, and outline the structures for vindicating those rights. What ifs final form will be like, however, is very difficult to tell righi now.


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Other elements of the law which affect Church structure, including the canons relating to the hierarchy, laity, church administration, and procedures, have yet to be submitted to the bishops of the world for their review. lt is reported thot ali these canons have been drofted, but until they receive world.wide discussion it is unknown whether the current working drafts will be anything Jike what is flnally adopted. ln the meantime, there are three principles which con guide those responsible for the structural life of the Church todoy. The first is to clarify the basic purpose for which the structures exist. This constitutes a sort of fundamental option, determining whether the structures exist for purposes in themselves, or are directed toward a broader end such os the mission of the Church. The second principle relates to the working mĂ´del of Church life which will most effectively achieve the purpose for the structures. An increasing number of pastoral theologiens and canon lawyers argue thot the working model of the Church as a community of persans provides the best known working model at this time for the conditions of the Church os we enter the third millenium. Finally, the persona! attitude of those responsible for implementing Church structures will be the most influential dimension of the whole effort. An attitude of stewardship rather thon proprietorship, service rather than being served, is the basic Christian stance. lt applies to anyone who exercises responsibility within the Church structure. lt will, in the end, determine whether the People of God will accept, live and grow through those structures which are developed for their benefit.


MARRIAGE LAW John T. Finnegan INTRODUCTION

1. Why should canon lawyers have so much to say about Christian marriage? lt is always of interest to people outside the (athalie tradition thot canon lawyers have so much ta say in regard to Christian marriage. Why should this be so? Should not the theologiens and the pastoral people have greater influence here? Canon lawyers would be the first ta reply "yes" to the lest question. The fact remains thot such greater involvement will not exdude the role of the canonist. There are severo! traditional and historical reasons for this, but let this one suffice: marriage is first and foremost a gift of Gad from the beginning. Il was inslituted by God when the human condition was inougurated. Marriage, unlike the ether sacrements, is a gift of Gad at creation, and was only in a special and qualified sense instituted by Christ. Marrioge as o human reality came at the dawn of human history; marriage os o sacrement bearing special graces and symbolizations came in the Christian era. One con see Gad preporing His People for this development in the writings of lsaiah, Jeremiah, Ezekiel and Hosea. Church teaching has always stated thot Christ raised or elevated marriage to the dignity of a saaament. One con say then thot since marriage belongs essentially to human-kind it knows no definitive, clear-cut, once-and-for-ali Church language and pedagogy. The words of St. Augustine are appropriate here, "Gad speaks to His People in the way people speak to them selves." The language of our speaking about marrioge is the language of life with this difference: the Church constantly applies the teachings of Jesus to this human reality of marriage so thot one con say thot the marital relationship has for Christians an entirely different meaning to the point thot "in Christ" it is an entirely different experience. ¡ ln this understanding it is not difficult to see how the Catholic Church borrowed from Roman Law and used the human language of law and institution to speak of Christian marrioge, and through these to develop its theology and pedagogy of the sacrement. We need not apologize for this development, but only assess prudently its contemporary relevance and 281


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potentiel for service. Conceivobly, the language and pedagogy of the behavioral sciences will today be more serviceable here, and the fact thot the Church is being challenged in this direction should not surprise us. The need for law and juridical presumptions, however, will olways be necessary for a sacrement thot is social as weil as persona!, couple-direded os weil as individually experienced, and so foundational to the success of the human enterprise and the mission of Christ's Church.

2. What "legal excess" did the Church experience? Recognizing the need for law and regulations in regard to Church marriage, and being sympathetic to the sacrament's use of the secular discipline of law to articulate ifs theology, should not blind us ta the excess thot the

Catholic Church experienced in this regard prior to Vatican Il. Our theology had become "juridicized" with the attendant clarity, objedivity and protections of marriage as an institution. At the seme time, the incompleteness and weakness of this unilateral approach wos insufficiently understood. Marrioge preparation become chiefly a matter of paper work, securing proper dispensations and jurisdiction; and after the wedding day the sacrement was considered to have been achieved in ali its fui ness. While thot may be a sound legal presumption, we allowed this juridical necessity to obscure the developmental nature of the sacramental witness to the detriment of the pastoral core of marriage. There was a hastiness and impersonol feature to the whole process of marriage in the Church. After World War Il with the advent of the Cana Movement things begon to change, but most of us were stiJl unprepared for what the· Second Vatican Council would have to say about Christian marriage. 3. How did Vatican Il correct this situation? lt has been said thot the most important thousand words of Vatican n· was the statement made on Christian marriage in the Pastoral Constitution·

of the Church in the Modem World ( hereafter cited as Gaudium et Spes 1, art. 47-52. This remarkable document laid oside the legal and contractuel· language traditionally used to speak about Christian marriage, and returned to an earlier strand of the Catholic heritage where marriage was: spoken of in terms of biblical and p"ersonalist categories. Marriage is "an inti mate partnership of life and love ... and the conjugal covenant is rooted' in irrevocable persona! consent." (art. 48) This approach to Christian marriage has enabled the Church to see more· clearly marriage as the sign and symbol of Christ's covenanted love for· His Church (cf. Ephesiens S, 21-33). There is soto speak a "reciprocal'

illumination" here between the Pauline vision of Christ and Church, and'thehusband-wife relationship. The more we reflect on the gracious, tender,.


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self-effacing, no~sacrifice-too-great posture of Christ to His Church, the .more we understand the dynamics and peculiar sacramental chemistry of ·Christian marriage. The more we ponder the relentless dedication and selfemptying necessary today to be a good husband-father and wife-rnother, ·the more we appreciate in faith the marvels and graciousness of Christ's 'love for His Church.

4. How do we view Christian maniage after Vatican Il? There is a whole new way of speaking about Christian marriage since Vatican Il, and this means a whole new way of catechizing the community ·and preparing young people for this sacrement. Yes, weddings ore social events and we enjoy admiring the bride and congratulating the groom.

We enjoy meeting ald friends and moking new ones. lt is a time of Cana. But there is so much more. As the bride and groom covenant their love with one another they sym·balize Christ's faithful and irrevocable love for us. ln a sense we who witness or shore in the celebration of Christian marriage are challenged and co lied ta be the first fruits of the sacrement newly received. As the bride and ·groom pledge their irrevocable love for one onother and affirm they will be ever faithful and generaus, so are we by this act summoned ta be ever •more faithful and generaus ta whatever Christian vocation we hove freely undertoken in the lord. No one cornes to a Christian marrioge ceremony -as a mere spedator. The gratitude we extend ta the bride and groom at the reception is principolly the thankfulness thot this morriage has mode us more cognizant of who and what we ore in the lord. We ore ever sa grote·ful at this moment ta have been owakened to the fact thot we must be faithful and generous Christians. The witness of the conjugal community îs always invitational at this point. The approach ta Christian marriage rediscovered at Vatican Il harmonizes weil with our growing understanding of the human persan and relationships ·mode possible by the behoviorol sciences. The <:anonical view of morrioge ·concerning itself with marital consent and consummation hos been brood·ened in the post decode to include the <:opacity to assume the obligations of morriage, and the mutuel ability to establish a community of conjugal life .

.'5. What are some practicol consequences of this new view of marriage? Canonists who deal with marital annulment have been omong the first ta alert the official Chur<:h and the gross-roofs thot this new understanding of marriage demands much greoter emphasis on pre-marital preparation ·and an enlargement of programs enriching and facilitating the experien<:e ·Of marrioge, as weil os iso1oting and identiiying the contemporary contagion 'thot tend to fragment and destroy marital harmony. Everything in present


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day Catholicism points towards the need of doing ali in our power os a community of faith to upbuild and strengthen fomily life. We ali have an

i nterest in the development of pastoral core and a canonical discipline thot reflects these new understandings of Christian marriage and the urgency of the present hour.

THE SACRAMENT OF MARRIAGE

6. What is marriage sacramentality? There is a juridical answer tc this question thot is clear-cut and concise and is directed toward protecting the relationship of the couple with themselves and with the Church. Marrioge between Cotholics, Protestants and Orthodox is presumed to be sacramental after the proper marriage ceremony. From thot moment on the boptized ore in a situation where their conjugal relationship enjoys the favor of the Catholic Church as a. sacrement. After the marriage is consummoted for Catholics the marriage enjoys a further stability and irrevocability. Theologiens with the notions of process sacramentology and an understanding of sacrements as a persona! encounter with Christ are uncomfortable with the juridical automaticism of the sacrement. Such an understanding, they say, focuses excessively on the ceremony of marriage, and insufficiently on persona! readiness to receive the sacrement, and the developmental nature of the sacramental sign of Christian marriage. This tension con be mode fruitful if the juridicol presumption of sacramentality is seen as necessory to establish the couple as de jure and de facto members of the Christian conjugal community. Such assurance is necessary from the wedding day as the couple commence to open themselves up to the special blessings and divine favars of sacramental marriage. The developmental view of sacramentality, on the other hand, con theologically motivote the Church to greater pastoral core to nurture and protect the sacramental symbols of the Church. ln this case we notice thot 'hu man signs ore olways developing and moving towards greater visibility and community perception. The sacramentality of Christian marrioge is ideolly maturing and becoming more monifest os life and family become rooted more firmly in the Lord. The pastoral mission of the Church is to root this ideal into the everyday life and praxis of ifs people in arder thot marrioge socramentality is perceived with the eyes of faith, and c:)nstontly beckons us toward greater vocational fidelity in Christ.

7. ls faith necessary for Christian marriage? There is a simple answer here and a complex one. Simply stoted the answer is, "Certainly!" lt is unthinkoble thOt people wou Id receive a sacre-


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ment without faith. The canons of the Code of Canon law are explicit in requiring the priest/deacon to pastorally prepare people for the Saaament of Marrioge. This seems simple and obvious, but it is not. The issue complexifies when the canons state thot for the baptized the contract of marriage cannat be present without the sacrement being present as weil (canon 1012). This would meon, e.g., thot two unbelieving Protestants marrying in a civil ceremony with no intention to receive, or understanding of mar-

riage sacromentality, would nevertheless, receive the sacrement according to Catholic canon law. As one outhor states: "lt is impossible for Christians to merry wihout receiving the sacrement of motrimony, and parties are themselves the ministers of the sacrement, for they receive the sacrement solely through the exchange of their consent." . Severa! short comments are necessary at this juncture: first, if may be theoreticolly a very valid assumption of the Code of Conon Law thot the boptized are in fad believers and followers oi Christ. lt is only the woyword nature of our times thot challenges this presvmption and introduces the phenomenon of the "baptized unbeliever." The law of the Church invites us to insure thot the baptized are in fact the "faithful in Christ" as the Second Vatican Council always refers to those in Christian marriage. Secondly, Catholic theology has historically made provisions for sacrements ta revivify if not originally received in Faith. Hence, the case of the Protestant marriage previously mentioned could become sacramental when the faith of the parties revived, and an understanding of sacramentality was more fully appreciated. The initial presumption of sacramentality would protect this eventuality.

8. Whal dilemma is causee! by lhe lack of faith? The pastoral dilemme of the priestjdeacon being asked to officiate at the marriage where the Jack of faith is explicit is a common occurence today. Young adults come to the Church at the time of marriage having frequently been away from the sacrements and the Church for severa! years. Desiring a Church marriage is in sorne instances not a matter of faith, but clearly a matter of keeping fomily peoce and affording a respectab1e bockdrop to the important social implications of marriage.

Who! is lhe priesl/deacon to do here? Does he preside over a sacrilegious act to keep peace in the home, or does he refuse ta preside and creole the possibility of scandai as it appears the Church is encouraging civil marriage and concubinage? The emergence ocross the country of guidelines for marriage preparation and for teenage marriages--often making them mandatory-is an indication thot the Catholic Church is endeavoring to establish criteria of spirituel and human readiness for the sacrement of marriage. lt should be noted thot what is being spoken of here is not a "worthiness criterion" ta receive the sacrement. ln this sense, who con be


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said to be worthy? However, the posters of the Church do have a right and obligation to establish sacramental readiness. The days of running down to see "Father" a couple of weeks before the marriage ceremony is over. The days of equating the human right to marry with the Christian right to receive the sacrement is over as weil. Human marriage is a naturel right and has been constantly defended

by the Church and recent Popes. This righi belongs to humankind. The sacrement of marriage is a right, indeed a privilege, for believing Christians who are otherwise able and ready. A Catholic Christian cannat lay daim ta this right of the sacrement without the seminal beginnings of a faith commitment. lt may be thot in sorne special instances the posters of the Church must say ~¡not yet" in regard to the sacrement of marriage, and at the sorne time acknowledge thot the human right to merry may be vindicated in a forum not recognized by the Catholic Church. The Catholic community needs to be sensitized in regard to this possibility and assist the ordained ministry in one of the great dilemmes of pastoral core.

CANONICAL TERMS; ENDS AND PROPERTIES OF MARRIAGE 9. What are some of the canon law terms used to speak of marriage? Like any academie discipline the Canon Law of the Church hos its own terminology to describe various categories of morriage. Sorne of these are: a ratum marrioge is a sacramental marriage which takes place between two boptized persans; a ratum et consummatum morriage is both sacramental and consummated by the conjugal act. The importance of considering flrst marital consommation os on event is obvious as it protects the singulor nature of this experience in the life of the parties. However, with our enriched appreciation of the "two in on¡e flesh" motif of Christian marriage we understand marital consommation as not only a physical moment, but a fife-long merging of the mi nd and heart, body and spirit in the formation of a "couple personality" built on the sound individuality of each partner. This type of consommation is indeed a developmental process. Physical consummation remains the cornerstone and foundational experience of this broader understonding. lt is the event of the first conjugal consommation thot enjoys certain privileges and presomptions in law. ft is the developmental and process view of marital consummation directed toward the formation of the "couple personolity" thot is the pastoral concern of marital enrichment progroms like Marriage Encounter and ethers. Consummation has a multiple meaning; physical and spirituel. Happy successful morriages are built on bath, but the physical is always directed towards its fullness and completion in the spirituel. The fact thot a marriage could be ratum et non consummation is not presumed after the wedding day, but is always possible.


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Canon Law also uses the terms valid and invalid marriage. A valid marriage for the Catholic Church is the marriage of two people who are capable in law to merry, and who merry in occordance with prescribed fomalities. An invalid marriage could be the result of people incapable in law to merry, and/or who do not marry according to the prescribed formalities of the Cotholic Church. lt goes wilhout soying thot it is the pastoral task of the Church's ordained ministry to merry people validly. Our people have a righi to hove their morrioge in good standing before the Church. Pastoral failures to honor this right by not obtaining proper dispensotions or receiving the required jurisdiction, are serious failures in ministeriel responsibilty. Actually, the record of the clergy at ths point of pastoral core is outstanding.

1O. What are the .. ends of maniage"? The Code of Canon Law, promulgated in 1918, in canon 1013 speaks of primary and secondary ends of marriage. The primary end is the procreation and education of children; and the secondary end is the mutuel help of the partners and the remedy of concupiscence. This positioning of primary and secondary ends, and the very wording itself, do not resonate weil with our contemporary mentality. Vatican Il, recognizing this, does not use the hierarchy of ends when speaking of Chi'istian marriage ( Gaudium et Spes, art. 47-52), ond even Pope Paul VI in his encyclicol, Humanae Vitae of July 29, 1968, refrains from subordinationist language regarding the ends of marriage, ali the while offirming, "the inseparable connection, willed by God and unable to be broken by man on his own initiative, between the two meanings of the conjugal act; the unitive meaning and the procreative meoning .... By safeguarding both these essentiel aspects, the unitive and the procreative, the conjugal ad preserves in ifs fullness the sense of true mutuel love and its ordination towards man's most high calling to porenthood." (Humanae Vitae, art. 12) What we hove here is the clear, outhentic teaching of the mogisterium, and the subsequent dissent and negative reaction by a large segment of the Catholic community is weil known. The ¡¡contraceptive mentality" ond the anti¡child spirit of so much of American life today cautions the pastor to insure thot couples entering Christian marrioge see the child os the great trophy of their mutuel love, and a visible sign of generosity and unlimited self-giving. To the extent thot couples ore able ta bear serious reflection they should be catechized on the official teaching of the Catholic Church, the role of dissent and the formation of an informed conscience, the use of the sacrements as one seeks to move from on imperfect response to one thot is perfectible in the lord, etc. A good pastoral book like Married in the Lord by Michael R.


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Prieur (Catechetical Communications, Bethlehem, Pa. 18017} is helpful in addressing ali the ramifications of this issue. lt is the common opinion of canonists thot the mere fad of intending to live a contraceptive relationship for a time after the marriage in no way constitutes a reason to refuse marriage in the Catholic Church. To the point thot such an attitude may border on selfish, self-serving and the anti-child attitudes of sorne portions of American society, the wise postor will probe and challenge and locale the child as the aown of Christian responsibility and moturity. lt is always possible thot such on attitude is a manifestation of immature. and selflsh behavior thot is so radical and unchristian thot it will necessitate a postponement of a Church ceremony. The pastoral persan must not flinch from posing the "hard questions" in this instance. 11. What are the "properties" of marriage? The Catholic Church teaches thot the properties of every marrÎage are unity and indissolubility, and in Christian marriage these properties have a special firmness by rea son of the sacrement (conon 1013). A synonym for unity would be monogamy. One man has one wife and vice versa. Society generally reinforces this value at least to the point of having seriai monoga¡ my; i.e., one wife at a time and vice versa. Most states have laws prohibiting polygamy. lndissolubility refers to the permanence of the marriage relotionship. Such relationships cannat be dissolved by the parties themselves, nor by any ether agency extrinsic to the parties. lt is the Church's understanding of indissolubility thot gives rise ta its posture forbidding divorce and remarriage. There is an extensive amount of research in the post decade on the biblical sayings of Jesus regarding divorce and remarriage (Matt. 5, 27-32; 19, 3-12; Mark 10, 1-12; luke 16, 18) and the words of St. Paul (1 Cor. 7, 10-16). There has been an abundance of research as weil on the history of the Church's understanding of indissolubility. 12. What conclusions may be drown from Biblical research? Sorne conclusions from the biblical data are as follows: ( 1 ) the teaching of Jesus is radical, dear and unqualified: He did coll His followers unconditionally to the point thot the Apostles were boffied by the totality of its demand (cf. Matt. 19, 10-12); (2) the Church always has had to live with the totality of this cali and the weakness and sinfulness of the human condition ta the point thot sorne interpreters of 1 Cor. 7, 10-16 see St. Poul os tolerating remarriage in the case of the so-called Pauline Privilege. A similar interpretation is made by sorne of the "exceptive clause" of Matthew 19, 9 ( "Now 1 say this to yov; the man who divorces his wife-1 am not speaking of fornication--and marries another, is guilly of adultery"). This


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"exceptive clause" is seen by sorne as an insertion by the early Church and a softening of Jesus' demands.

13. What does the History of the first millenium tell us? The history of the first millenium gives mixed signais and scholars dispute regarding what is a solid tradition and what is a sign of Church laxity and excessive coesaro-popism ta the detriment of gospel values. Even a conservative position here odmits thot while the Church's teaching olwoys excluded divorce and remarriage, the pastoral proctice tolerated certain limited measures of Church reconciliation where the rigorous imposition

of the full demands of the Christian law would require a moral heroism not lightly presumed. The earl y Church Father, Origen ( 185·2541, proposed a phrase thot was broadly used throughout the frrst thousand years of Christianity; "the matter of divorce and remarriage was controry ta· what hos been handed dOwn; ·but not entirely without reoson:" ~origen would clearly state thar divorce and remorrioge is not permitted by the Church titis controry to the words of Christ),"but in certain instances if could be tolerated as the lesser of Iwo evils (on extension of the compassion of Christ in an extreme case). The course of Church discipline is not olwoys the way of !agie, but the tortuous path of broken, yet graced, human nature. Such adherence to the principle of indissolubility but not feeling constrained to ·urge ît in every instance, does not have to be interpreted os gospel infidelity, but a compassionate and extraordinary way of addressing the ambiguities of Christian living. 14. What is the "principle of Economy" in the Orthodox Church? The Eastern Churches-Orthodoxy-developed and still mointain the principle of "economy" (a pastoral way of interpreting law thot removes sorne of ils unintended harshness 1 which does permit in sorne selected instances remorrioge after divorce. 15. What is the teoching of the Council of Trent? Cotholics should be guided by the Cou neil of Trent ( 1563), Session XXIV, canon 7. This canon carefully expresses the fidelity of the Catholic teaching on divorce and remorriage with the "evongelical and opostolic doctrine." lt would be wrong and pastorolly disruptive to daim the present proctice of the (athalie Church is not in keeping with "evongelical and apostolic doctrine." Cleo ri y the very rodica\ity of the posture of the Catholic Church harmoniz.es weil with t~e teachings and soyings of Jesus. There is no concented effort- in the Catholic scholorly community to seek change in the Church's stand on the indissolubility of marrioge. ln fad the whole Church


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is markedly counter.culture in maintaining, p.-eoching and teaching this value. Affirming this does not deny other strands of the Catholic heritage which have been inoperotive since the first millenium. These manifested greater pastoral flexibility and were considered ta be in keeping with the "evongelical and apostolic·doctrine." Such- stronds of our tradition wouldodditionally:··i~clude .the solution of Origen, and the use of "economy." The cou~cil of Trent was careful to phraSe i"ts ~-~~d~hfrlg so·.théù the EC:istefn · pradice of "economy" was not condemned. lts intent was ta defend the (athalie teaching against the Reformers and to affirm thot Catholic practice was consistent with Christ's teaching and apostolic doctrine.

The present pastoral tosk of the Church is to re-learn the radical and irrevocable feoture of Christian morriage "forever" and meon it; and justice and compassion to foiled. Only those who do not understond grace, election, tion in Christ ore uncomfortable with this poradox.

two things weil: which must say those who have sin and redemp-

IMPEDIMENTS, CONSENT, FORM OF MARRIAGE 16. What are marriage impediments? lmpediments ore obstacles thot stand in the way of people entering morriage. Sorne of these obstacles are of the notural arder like age and certain degrees of relationship; some are legisloted by the Church like the prohibition forbidding "mixed-marrioge" etc, Obviously sorne of these impediments are dispensable, and seme are not. Behind these impediments lie in sorne instances the law of nature, and in ether situations the wisdom and proctice of the Church. Sorne impediments are so outomotically dispensed 1e.g., the impediment of mixed-morriage) thot it is postorolly better to explain the dispensation as "permission" from the Bishop so the marriage con toke place. ln this context the perfunctory nature of the dispensotion of the impediment to mixed-marriage should be subordinated and the pastoral dialogue structured along the lines of whot common values ore present, whot faith is shared between them etc. As the couple ore drown together in articuloting the goals end vision thot bind them together they ore building a case of why the Bishop's "permission" should be granted.

17. Why is matrimonial consent so important? The Catholic tradition hos historically concentrated on the free consent of the parties as essentiel to marrioge. As the Code of Conon Law says, "no humon power con -supply for this consent" (canon 1081). This is natural and reasonable. Roman Law stated thot "consent mokes the marrioge," and this consensuel con cern was attractive to the eorly Church Fathers so onxious to preserve the stotus of true marriage for the Mory-


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Joseph union, and yet desirous to defend the perpetuai virginity of the Blessed Mother, and the perpetuai continence of her union with St. Joseph. If consent clone made the morriage then the Mory-Joseph union was secure as marriage and the tradition of their marital continence was preserved.

Hence, sacramentality developed as having a specĂŽol affinity for marital consent, and only secondarily and much later historically did it concern itself with marital consummotion. The Medieval Church finalized and solidified this development. ln an age of Rationalism and Enlightenment, and in a Catholic tradition so jealous of ifs Scholastic and neo-Scholastic heritage, it wos normal to expect marital consent would narrow itself to conceptuel, cognitive, knowing concerns. Pre-marital preparation was almost exdusively concerned thot the parties know about Christian marriage and its value system. With the advent of the acceptance of the behaviorol sciences we see thot consent con never be more thon what the consenting persan is ... no matter whot the words say. The intimate relationship, the unity thot exists between o persan and his acts is such thot if one locks the copacity to merry, the consent by which he tries to merry will a Iso be defective. The days of verbal consent subordinating ali ether considerations and unfoilingly ochieving Christian marriage is post, olthough presumptions necessarily leon towords this result. While the excited levers dreom of the wedding day "1 do," the wise pastoral persan prepares them spirituolly, and discerns whether they ore capable of soying, "1 am ready, willing and able to." Marital consent has gone through a revolutionary development in the post twenty years. Such development hos obvious implications for marrioge preparation.

18. What is the "canonical form" of marriage? The Catholic Church requires thot ali Catholics merry before a priest deacon, and Iwo witnesses. This is referred to as the "cononicol form" of marrioge, and for Cotholics is required for validity. Prior to 1966 there were serious penalties incurred by Catholics who morried "outside the Church" and before o Protestant minister. Between 1966 and 1970 Pope Poul VI lifted retroactively and abolished oll such penalties. A Iso, commencing first with the Eastern Orthodox Churches there hos been a softening of the (athalie position on "canonical form" necessitoted by the ecumenical movement. The Decree on Eastern Catholic Churches of Vatican Il permitted Eastern Uniate Catholics to merry validly in the Orthodox Church without a dispensotion from "cononicol form," olthough propriety still required "permission" from the Cotholic Bishop. This wos later extended to latin Cotholics. About the sorne time Cotholics were permitted to merry in the Protestant Church before a Protestant minister, first with o Papal dĂŽspensation, and then


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effective January 1, 1971, local Bishops were allowed to grant su ch permissions. Sufficient reosons have to be adduced in each instance. Protestants and Orthodox may a Iso act os an official witness 1bridesmaid or best man 1 at a Catholic marri age, and Cotholics at marriage which is · -pro perl y cel-ebroted ·between our· seporated brethren·: ( Ecumenical Diredory, Moy 14, 1967, art. 58) .

MIXED MARRIAGES 19. What is the current state of the question in regard to mhr:ed·marriages? From one point of view the mixed-morriage law of the Catholic Church is considerably in advance "of gen~rol Church practice in its approach to ecurnenism. Most Catholics have never been in a Protestant Chvrch until the occasion of a relative or friend who is being married in such a Church with the permission of Catholic authorities. The issue of Catholic "canonical form" being required for validity in m!xed-marriages is still a point of pain between the Churches. An interesting deve\opment has laken place in regard to the Nuptial Moss. A decade ago it was a significant concession when mixed-marriages were ollowed to lake place at a Nuptial Moss. lmmediotely this roised the issue of eucharistie hospitolity for the non-Catholic party. Current regulations on intercommunion do ollow the local bishop to permit it on special occasions, but episcopal discretion is rather norrowly deflned. Hence, the Nuptial Moss become a sign of division and not of unity, and what was originally considered an achievement hos now been .nearly dropped by grass-roots ;e. action. The growing fad of Catholics requesting a Church ceremony without a Moss should be challenged, but the right of the parties to have such a ceremony should be kept intact. Too often Catholic young people see the Nuptial Moss as too ecclesial, or "churchy," too out of reach for their madest gropings in faith. Often such a request by Catholics is an invitation for gentle and considerate pastoral core as weil os catechesis. One area thot remains undeveloped is the joint pastoral core of mixed-marriages by posters of bath Churches. Such core was recommended by Pope Poul VI in his 1970 Apostolic letter on Mixed Marriages. The Churches of Canada hove made sorne notable beginnings here, but nothing on the national leve! hos been developed in the United States. Initiatives here should come from the local lev el.

20. What actually is required of the Catholic party in a mixed-marriage? lt is always the role of the priest/deacon, the official representatives of the Church at the parish leve\, to enter these mixed-marriage conversations os the friend of the Catholic party. Cotholics expect of their ordained ministers not only ecumenical understonding but an ability to articulate the


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Catholic faith in a manner thot is attractive and stimuloting, something the Catholic party be unoble--even unwilling-to do. This is done wîth no proselytising intent, and the couple should be encouroged to visit the minister of the other party os weil. The pastoral persan at this point must be olert to compare the best of one's own tradition· with the· best of the ether, and to exorcize in themselves the propensity to contrast the best of one's own religious experience with the worst myths of the other. The Catholic party in a mixed·marriage, in arder to receive the dispensa· lion of the impediment against such, must make the following affirmations: "1 reoffirm my faith in Jesus Christ and, with G:>d's help intend to continue living thot faith in the Cotholic Church. 1 promise to do ali in my power to

shore the faith 1 have received with our children by hoving them baptized and reared as Catholics." ( Statement of the American Bishops, January '1, 1971). This promise con be made orally or in writing by the (athalie party, and the other party must be informed of this fact as weil os its content.

21. What are the priorities in these affirmations? What is of highest priority is the affirmation of faith in Jesus Christ and the community of faith thot has mediated thot beliet to oneself. Bath parties should be invited to make such a renewol, the Catholic is required to do so. This is on areo where neither party con encroach on the other. The faith education is the secondary value here, or at !east secondory to the primary emphosis on the integrity of each party's persona! faith corn· mitment. The (athalie Church expects the Catholic party "to do ali in his/her power" to roise the children Cotholic. This is the operative verse at the secondary leve!, and is canonicolly referred to os the "pro viribus clause" (within one's powers). What practicolly does it meon? Does absolute reassurance have to be given thot children will be roised Cathclic-;?; or does it mean "Oh weil, 1 will just do what 1 con!" The pastoral tosk at this juncture is to determine whot is the best thot con be done by the (athalie party in this instance. Remembering the intent and expectotions of the Cotholic Church, the priest/deacon poses the "faith questions" and helps locale the "besl 1 con do" for lhe (athalie party. Hopefully, this would be the complete assurance children will be roised Catholic. However, if the faith of the (athalie party is weak, and the Chris· tian faith of the ether party is strong, one has a situation where the "best 1 con do" is minimaL As long as the Cothalic party con sincerely promise "ta do ali in my power" to shore the faith with children born of the union, even if il were olmost certain the faith of the ether party would prevail, there is sufficient good wi Il present ta hove the morriage opproved by the (athalie Church. A persan cannat be dispensed from trying to do whot lhe (athalie Church expects. Whether this octuolly leods to roising the children Cotholic


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lies in the future. The issue here is the intentionality of the Catholic party to do what one con. Pastoral competence is achieved in skillfully being able to find out what the "pro viribus clause" means for this particular mixedmarriage. If serious doubts persist for the pastoral persan guiding this process then they sould be resolved by advising the parties thot the mixedmarriage impediment is weil founded in their case. At !east for the lime being the parties may not be ready for a mixed-marriage which would be

recognized by the Catholic Church. If it cornes to the case where the priest/deacon judges thot the marriage should be delayed, he should give the parties ample recourse to the pastor and bishop, Only the bishop con legally delay marriage, and the most the local priest/deacon con say is thot he will not officiate at the ceremony. lt is a wise practice loo, to treal ali Catholic marriĂ ges as potentially "mixedmarriages." We spen~ so much pastoral ti me and energy on the canonical mixed-marriage (forgetting thot most marriages are of thot quali~y and des erve similiar attention} and the posing of the hard "faith questions."

22. Where should the ceremony take place? 1t is really a tertia;.y issue in mixed-marriages where the ceremony takes place. Catholics, unaccustomed to prioritizing values, are apt to make ali elements here of primary importance, or to make the place of marriage more important thon one's own persona! faith commitment and the faith of the children. This loo has to be challenged, and one con see how more congenial to Catholic values it would be if the ceremony were to lake place in the Protestant Church, but ioined with a cleor understanding thot the children would be raised Cotholic. As the agenda of fruitful dialogue between the pastoral persan and the inter-faith couple enlorges and complexifies, one begins to understand anew the perennial wisdom of ali Christian Churches thot mixed-marrioges ore risky business. Such marriages should not be idealized as the sure raad to a united Church, and yet the larger Church must be open to the special witness such faithful people afford their congregations. PAULINE PRIVILEGE; PETRINE PRIVILEGE

23. What is the "Pauline Privilege"? The "Pauline Privilege" is an historical elaboration of 1 Cor. 7, 10-16. ln this passage St. Paul is addressing the Corinthien community about marital morality. He clearly affirms the teaching of Jesus thot " a wife must not leave her husband ... nor must a husband send his wife away." If a husband or wife act in this manner they must remoin unmorried. This is a teachin9 Poul daims to have received "from the lord." Then he odds a paragraph which he daims "is from me and not from the lord." Here St.


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Paul states thot in the case of the marriage of two unbaptized, one of wf1om

becomes a Christian, and "the unbelieving partner does not consent, they may separate; in these circumstances, the brother or sister is not tied. God has ca lied you to a life of peace." 1v. 15) During the missionary movement of the 16th-19th centuries this was a highly effective way of solving problems prevalent in mission lands. Such a solution is now part of the general canonical discipline of the Church and con be used when applicable. The Pauline ru les still govern here: two unbaptized, one of whom becomes o Christian, and the ether party con not live at peace with the Christian mate. a·nd so departs. lnquiries ore served to determine if the departure was ocutally based on the party's new faith. If so, by reason of the Pauline Privilege, the Bishop con permit remarriage. 24. What is the .. Petrine Privilege"? The "Petri ne Privilege," or as il is sometimes co lied, "Privilege of the faith," is not fou nd in the present Code of Conon Law. lt is a development :since the Code was promulgated in 1918, and has received ils chief impetus from the Church in the United States. 1t was a logical question after the 1918 Code became effective ta ask something like this: If a marrioge between two Christions is sacramental, and therefore indissoluble, how about the marriage between a Christian and o non·Christian? lt would not be sacramental in the strict sense, and why. could not the Pope using his vicorious power as Christ's Vicar dissolve the marriage? Good question. Of course there would hove to be o reoson for such papal action, and this would occur if one of the parties to the first morriage 1which would hove presumably ended in civil divorce) would not want to become a (athalie and remarry; or as it lofer developed, if one of the parties ta the first marrioge wished to merry a Catholic in a second ceremony. Interventions would be mode to the Cotholic Church at this point and on investigation would be conducted to prove the first morrioge wos non· sacramental. This is done by determining thot one of the parties to the first morriage wos non·boptized. A request is then made to the Pope, and under the principle, "Salvation of seuls is the supreme law of the Church," the first morriage is dissolved and remarrioge permitted. The canonicol intricacies here ore obvious, and have mode many segments of the Church uneosy during the post decode. For the pastoral persan, and the canonist, who must use every available means the Church permits to help people, the "Petrine Privilege" hos been of great importance.

CONVALIDATION, ANNULMENT, SEPARATION 25. Whot is

mea~t

by "convalidation of marriage"?

There are many hond·me·down phrases in the Catholic culture, and sorne


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of these are; "Fother fixed up my marrioge.

or, "Father blessed our marriage." ln many cases this refers to convalidation. lt generolly a !ludes to Catholic people who for one reason or another did not have the marriage

solemnized before a Catholic priest and two witnesses, or who did not opproach the Catholi<:: Church prier to their marrioge. ln the best of situations this could be a very good marriage, and it is one of the happiest tosks of

those in ministry to restore such people to full ecclesiostical communion. lt may weil be the occasion of First Communion of one of their children thot

initiales the process. Other situations not sa ideal moy be the result of one party wanting the marriage "blessed" as incentive to make the marriage work. Perhaps here the marriage should not be convalidated, and this is where ministeriel prudence and discernment are required. ln ali cases of convalidation it is done privately and without banns or fanfare to avoid scandai. lt should also be preceded by catechesis.

26. What is "marriage onnulment"? The Catholic Church does not grant divorce but does grant onnulments. The phrase "Cotholic divorce" is offensive to those who work in Marrioge Tribunols, and in no way fee! they shore in the complicity of the contemporory "divorce mentality." Annulment is the official declaration by the Catholic Chruch thot the marriage de facto and de jure never existed. 1t ¡ is incorrect to say such annulments are very expensive and ore only given to the rich. A modest fee is requested to caver secretariat expenses but there is no dunning when one is unable to poy. The poor comprise a large portion of those who approach the Morrioge Tribunal.

ln annulment cases a serious attempt is made to research the events surrounding the marrioge in question, the courtship, and the family life of bath parties to the marriage. ln sorne situations a psychological profile of one or bath of the parties is available, and the events of the morrioge are reviewed to see what causal connection this profile would have to the ether data gathered. Using this information and correlating it with the approved jurisprudence of the Catholic Church, the Marriage Tribunal makes a decision. ln no way does a morrioge onnulment illegitimate children alreody born to this union. Prier to onnulment the ~arriage was considered to be in good standing and enjoyed the fovor of the Church. Children born of such a marrioge olways retoĂŽn the benefit of this good standing and Church favor.

27. What is Church separation? Annulments, Pauline and Petrine Privileges etc. con become so many ,gimmicks for a Church with unsophisticated skills and ministries in caring for family life. These ore olways !ost resort meaSures. Church separation


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con be a medicinal means of stopping short of the tost resort. The less frequent use of Church separation today is a possible indicator of the weakening of the will to do ali one con to make the marrioge survive. This should be challenged. While the Church resists the "divorce mentality" in secular culture, it has to be careful as weil to resist an "annulment mentolity" within its own ranks. There is a ministeriel compulsion to moke lost resorts the first rastoral overture. For short lerm and medicinal and corrective reasnns, the (athalie Church permits separation for odultery, for joining re!igious sects incompatible with morrioge harmony, for the possibility of bodil y Ă r spirituel harm, and in sorne instances, by mutuel consent. h is a wise rule of thumb thot Church minislers do not counsel annulment or separation while the parties ore still living together. Shoring a common dwelling usuolly indicotes there is hope for the marriage, and this is where our efforts should concentrate. THE MARRIAGE TRIBUNAL

28. What is the Marriage Tribunal and how does it conduct its affairs? Ali dioceses in the Catholic Church are required to have a Tribunal to handle disputes. Since nearly ali of its work is spent handling petitions for marriage annulment, it is generolly referred to as the Marriage Tribunal. lt is staffed with on Officia lis (Presiding Judge), Judges, Defender of the Bond {who speaks in favor of the existing marri age), Advocates ( Church lawyers J, etc. lt is run much the sorne os a civil court with the presentation of evidence, interviewing of witnesses, filing of briefs, and decision of Judges. There are also provisions for an appeal to an Appeal Court, and ultimately ta the Roman Rota if necessary. The Roto is similior ta the Supreme Court in the United States. The petitioner for marriage nullity must prove the case, and ali sides ore given on opportunity to be heard. The format while judiciol is not on odversory proceeding and a genuine pastoral tone prevails. There are no guilly or innocent parties ... just a judgment on the volidity of the marriage in question. There is a great healing potentiel in the Tribunal proceedings os the entire relotionship is reviewed and meosured in the light of the gospel, Church law and Christian compassion. lt is a moment of revelation and insight for the parties. The procedure sotisfies the communitorion ¡ instincts of the Cotholic faith thal needs an external ogency-o meons of "consulting the Church"-in guiding the conscience concerning marriage nullity and the possibility of remarriage. ln the words of Cardinal Newrnon, conscience is olways "thot miserable counterfeit," and if was this wise Churchman who advised, "Do not determine thot to be truth which you wish to be so, nor moke an idol of cheri shed anticipations." The Morrioge


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Tribunal •s an important source of guidance to the Cotholic foithful and

should be used as such.

29. ls the Marriage Tribunal

avaik~le

to ali who have reason to use it?

While there have been great, almost unbelievable, strides in streomlining the Marrioge Tribunal-in the United States, it is still inadequate and this for severo! reasons: ( 1) priests/deacons at the parish levet ore uncomfortable with the procedures and do not seek people out, nor do the people feel they have recourse wh en confronted with parochial disinterest. This has been identified as the most serious procedural failure; ( 2) even with the special norms

permitted for use in the Tribunats of the United States-the American Procedural Norma-there is still a bock-log of cases, and ironicolly, the better the local Marriage Tribunal the more work floods in upon lt; ( 3) there i:: a lack of ~toffing and training in the contemporary theological·canonical understanding of marriage in the Americon Tribunats. This is slowly being corrected as the possibilities of heiping people-and there is nothing like an annulment for the perplexed Catholic-become more available. lt is seen as a genuine ministry of healing and •reconciliation. ln the last few years religious and lay persons have been trained in great numbers to be Advocates and members of the Tribunal staff. 30. What else limits the effectiveness of the marriage triOunal?

There is the vexing situation of "regional morolity" where in one diocese the Bishop personally concerns himself with the professional updoting of his Tribunal staff, and insists they follow the best jurisprudence presently available, os weil os a pastoral style of compassion and speedy procedures; and contrasted to this you moy weil have the neighboring dîocese where such is not present. What ore people to do? A Catholic commitment con be dismantled by the inappropriate advice of going to a neighboring diocese where '"thing ore better." Our people expect thot objectivity ar.d truth guide the judicial process and not their home address. One should experience a moment of uneasiness in the midst of ali the contemporary Church falk about the injustices in the world. Such ore indeed present, but there is frequently an unequal concern about fundamental foirness and justice to the boptized members of our own community of faith, .we con sense this uneasiness in the 1971 Synod document, "Justice in the World, ·· when it identified morrioge cases as an area where this internai justice is to hove special concern. We should olso note the connection between inadequate official structures and ministries in the Catholic Church to the divorced (and the divorced and remarried 1 and the emergence of Divorced Cotholic Groups. These groups have sprung up ocross the country and ofler a (athalie setting os people


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confront the pain and travail of their new life situations. Such groups deserve the interest, support and presence of those in ministry.

J 1 . What are some of the traditional and contemporory tilles of marriage nullity used in the Church today? The Code of Canon law is quite explicit in regard to tilles under which marriage nullity is granted. Sorne of these would be: force and feor, contrary intentions ogainst the "goods of morrioge"

(These goods ore

traditionolly described as the good of children, the good of fidelity, and the good of sacramental permanence), simulation of marital consent, etc.

The proof of nullity under any one of these tilles is characterized by investigative thoroughness, clarity and precision. As the Cotholic Church begon to reflect on the teachings of Vatican Il the consensuel and contractuel focus of our understanding of marriage was broodened to indude the biblical imagery of covenont; the theological con~ cern for sign and symbol, and hence, viewing Christian marriage as certain~ ly an undertoking in faith where the sacrement witnesses to Christ's foithful and generous love for His Church; and the behavioral which was concerned with the persona! and inter-personol, and the copocity to establish a community of life and love. This latter would be the presumed groundwork of health and normality which must serve as a basis for any good human relationshĂŽp. If a persan enfers marriage with "damaged goods," viz., a personality wounded by drugs, alcohol, or sorne other distortion of one's own making --or, if people enter marriage with a behavioral disorder (real or latent) thot prevents them from assuming the humon and spirituel obligations of the conjugal relationship, then there is no marriage .

• 32. What does the Roman Rota say about nullity? ln early 1969, and continuing to the present, the Roman Rota brought to fullness a behoviorist and personalis~ trend in the understanding of Christian morriage by offirming thot the teachings of Gaudium et spes, art. 47-52, did in foct hove judicial import, and therefore, should be reflected in decisions regording morriage nullity, The Roman Rota is unlike our Supreme Court in this sense: one or more Rotai decisions do not change the law as happens in Anglo-American Jurisprudence. This means thot there are sti/1 sorne decisions of the Roto thot are mare restrictive in its use of the behayiorist perspective, and interpret the teachings of Vatican Il more narrowly. Since Rotai jurisprudence is a madel for the local Church one sees immedi~tely how this mixed style ond proctice aggrovates "regional morolity," and În a sense justifies it, at the diocesan level. lt is a sound cononical principle ta be ample and lenient


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in applying the "good things" of the law. This means thot the very best of the Rotai decisions should be applied widely, and practicolly speaking this means thot lit/es for marrioge nullity todoy include ali sorts of disorders used in the psychiatrie sciences if these illnesses would radically inhibit one from establishing a conjugal community of life and love.

The dilemme here is: if we use ali these categories to grant morrioge nullity, what does this say about the read!ness young people must have who are entering marriage? Again we see how canonists dealing with morriage breakdown ore uniquely aware of the importance of pre¡marital

preparation. The sign thot the Catholic Church takes seriously ils under¡ standing of marriage socramentolity, marital permanence and fidelity will best be seen in future decades by the following: the amount and quolity of pre-marital preparation programs thot identify and filter out the contemporory contagion inhibiting sound human development; infra-marital enrichment programs and ministries thot serve to preserve and sustain parental and marital love;. and effective social progroms oddressed to aiding the poor and disodvontoged. Poverty is still the chief cause of marital disruption. THE INTERNAL FORUM SOLUTION

33. What is meant by the "Internai Forum Solution"? The Morriage Tribunal is referred to os the "externol forum" of the Church. lt is the public domain and it protects the rights of the parties, the sacrement of morrioge and the good of the Church. An official ennuiment gronted in the "external forum" has legal standing in the Church and enables one to remarry with the full blessings of (athalie rites, and also allows one participation in the sacramental life of the fatholic Church. The issue here is: whot happens if one is not desirous of going through the onnulment process (conceivobly it could cause to:> great on emotionol strain), or is unable to ablain on annulment ( perhaps cannat elicit the cooperation of the former spouse Ond witnesses), and yet the persan feels free in conscience of any obligations toword the flrst marriage, and does intend to remorry and mointain a Catholic commitment? The "'internai forum solution" (hereofter cited, I.F.S.) oddresses itself to this situation. lt is the forum of conscience; it is privote, persona! and not public. One sees immediately thot an excessive use of this solution would damage the good arder of the Church and the integrity of the Church's witness. On the other hand, it is understondable thot people actuolly have convictions of this nature and intend to act on them: 34. What are the various forms of the Internai Forum Solution? ( 1) the ante factum I.F.S. occurs when a party cornes to the priestjdeacon,


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or ministering persan, and informs him of on intended second morrioge without a Church onnulment. The priest wou Id normally seek on annulment in the externat forum, but presumobly thot <:annot be done. The I.F.S. here

is prior to the second invalid morrioge, or at \east prier in the sense thot the solution cornes prier to the invalid marri age. 12) The post factum l.f .S. is the rather frequent case where the local priest cornes in contact with a

fomily already in a good second marriage not recognized by the Church. The I.F.S. here occurs after the second involid marriage has taken place. ( 3) The "Good Conscience Solution" is in foct the sa me os the I.F.S. except thot it gives sorne public documentation thot the parties to the second invalid morriage are in good standing and are not to be disturbed in their decision of conscience. lt wos the "Good Conscience Solution," and nol the I.F.S. thot was reprobated by the Holy See in September 1972. Many canonists agree thot confusing the internai and external fora is on unwise pastoral proctice. 35. What are some other instances of the Internai Forum Solution? The sacramental use of the I.F.S. occurs when it is occompanied by prieslly absolution; the non-sacramento) use of the I.F.S. exists when there is no sacramental absolution involved. The parties in this instance, feeling subjectively free of ali sin, simply return to the sacrements presumably after confidentiel conversation with the ministers of the Church. There is also the case of the "obviously valid" first marriage where ali the presu,mptions in law regarding its validity remain unchallenged, and indeed the parties of the second invalid morriage recognize the sacramental nature of the first marrioge, but intend to continue in or proceed with the second morriage. Finolly there is the "obviously invalid" first marriage which is only so for the parties in question because in fact the first marriage still has public standing in the Catholic Church. However, sorne people judge their marrioge before Gad as "obviously involid," and intend to oct on this evaluation. "God understands, even if the Church does not" hos been heord many times by those in ministry. 36. What problems are attendant upon the Internai Forum Solution? Scandai is always a factor in the I.F.S. and mu,st prudently be resolved. As the maze of distinctions suggest, the I.F.S. is delicate business indeed. lnvolved in rhis solution is the public reception of the eucharist by those -not permitted to do sa in law, as weil os the meaning and opplicability of the excommunication of the Third Cou neil of Baltimore ( 1884) for those attempting remarrioge after civil divorce. The Catholic community has been catechized in regard to this penalty, and even though the applicability of the excommunication is widely disputed, and also in spite of movements


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ofoot to have it lifted (si nee the excommunication is not a universel Church law and opplies only in the United States), the Cotholic community is generally token obock, perhaps scondolized, by the use of the I.F.S. Ali the more reason for the ministeriel persan to act with caution.

37. How may the Internai Forum Solution be prudently used? Sorne pastoral suggestions to aid in the prudent use of the I.F.S. are os follows: ( 1) this type of reconciliation with the Church is "costly grace" and has to be guided by ministeriel persans comfortable with their own closeness ta Gad and ministeriel instrumentality. lt is not a ministry for amateurs or

the troubled. ( 2) The I.F .S. is best discovered and not programmed, in the sense thot peoP:Ie arrive at it unexpectedly while doing and living a full Christian life. Catholics should never feel cheoted or spirituolly immature becouse they ore not able to use the I.F.S. There is a special grace and heroism to this type of obedience. If in a second, involid marrioge and unoble to receive the eucharist such people should be consoled by being reminded thot God's eucharistie graces are not confined to the eucharist. We come from a tradition thot olso speaks of "spirituel communion." (3) The I.F.S. is never used to short-eut the externol forum procedures. The latter always reteins priority and is the first pastoral recourse. (4) The ministeriel person's role is one of testing the promptings of the Spirit and the quality of the informed conscience decision. lt is not to intrude on the persona! decision-making process. (5) The non-sacramental use of the I.F.S. is best. This means thot the spirituel dialogue con be guided by a quolified ministeriel persan who is not a priest. (6) ln the ante-factum use of the I.F.S. the priestjdeocon should not feel constrained to perform a religious ceremony for the second invalid morriage which will not be recognized by the Cotholic Church. The role of the priest/ deacon is so public by nature in regard ta¡ marriage thot it cannat stand for private moral judgments contrary to this inherently public role.

38. What may be said of the "brother-sister" solution? The older "brother-sister solution" where the parties would be ollowed by Choncery to receive the sacraments, scanda\ exduded, if they refroined from the sexĂšal use of marrioge, seems excessively harsh and unrealistic to-. day. lt also appears incompatible with our present understanding of marrioge. If the new understanding sees the "community of life and love" as essentiel to the conjugal relotionship, and the parties have to exchange the rights to such a community on their wedding day, then one observes thot


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the marital exchange includes more thon rights over one another's body for those acts per se apt for generation (canon 1081 ) .

Marriage th en,

essentially, includes this broader community of life which is as a matter of fact present in the previously described "brother-sister relationship." By today's understanding a Church thot permits a "brother-sister" is in fact recognizing the marital state of the parties, and recognizing tao thot they "use" the marriage just by living tog~ther as weil as by sexuel relations.

39. What does the Church think of the Internai Forum Solution? Those in the pastoral ministry of the Church are aware thot the bishops want to do nothing thot would compromise the Catholic doctrine on marriage, and this is a responsibility taken seriously by them. The Congregation for the Doctrine of the Faith issued a letter to the world episcopale on April 11, 1973 in regard to the I.F.S. The necessary and expected affirmations on protecting marital p~rmanence were forcibly stated, and the use of the I.F.S. was referred to in a vague manner and encouraged to continue "according to the approved practice of the Church." This seems brooder thon the brother-sister solution. Subsequent inquiry to the Congregation for the Doctrine of the Faith on whether the "approval proctice of the Church" equaled brother-sister has also been answered vaguely, and shows a manifest refusai by the Holy See to be noiled down to a narrow position. The Bishops are heeding here the wise odvice of Aristotle; "lt is the mark of an educated man and a proof of his culture thot in every subject he looks for only as much precision as its nature permits" (Ethics, Book 1 Chapter 3). The pastoral prudence and patience of the bishops on this point should serve to encourage responsible pastoral behavior ali the while seeking out those who need help. At present this issue is insufficiently mature for clear-cut guidelines and norms.

THE NEW CANON LAW 40. When will the new Canon Law on the Sacrement of Marriage be ready? The Schema on the Revised Discipline of the Sacrements was sent to the world episcopacy in February 1975, and by the end of thot year most Episcopal Conferences had sent their critiques to the Commission for the Revision of the Code of Canon law in Rome. These new canons treal the en tire seven sacrements (a total of 361 canons), and the proposed draft is preceded by a lengthy preface outlining its principles and rotionale. Canons 242-361 are concerned with the Sacrement of Marriage, and in these canons we see many of the new directions which have been the concern of theologiens and canonists for a decade. Sorne of the new proposais in regard ta marriage are: marriage is defined as an intimate partnership of life with no reference to primary or secondary ends {canon


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243); episcopal Conferences are given the power to estoblish impediments (canon 262). Here in the United States this could meon, for exemple, thot the Bishops might find it necessary and feosible to establish a mandatory six mon th period (dispensable but required 1 in arder to in sure adequate premorital preparation. Some liturgical rite could charaderize the engagement, a blessing perhaps, and with this the couple would enter a catechetical and spirituel relotionship with the Church. ln the new proposed law the abject of marital consent is no longer seen

as solely the "righi over the body" (canon 1081 in present Code}, but also os the "righi to a partnership of conjugal !ife" (canon 295); the exclusion of the "righi ta a community of !ife" is seen as a ground of nullity (conon 303). ln this latter case we see thot people unsuitable for marrioge due ta immoturity, inability ta assume to obligations, incopacity to form a solid interpersonal relotionship, unable to give and receive conjugal love, ore in fact incapable of honoring the rights of the ether partner. Avoiding elitist categories and a worthiness criterion for the sacrement of morrioge will hove to be held in constant tension with the necessary readiness required by the new canons. The parish of the bride is no longer the general de· terminant of the place of morrioge (conon 3171, The new canons speak of Christian marriage os "covenant" but use the contractuel language os weil.

41 . What did the Canon Law Society say of the new sacramental law?

.•

The Canon law Society of America did a critique of the new sacramental law, and was laudatory for the many important changes suggested. lt wos negatively criticol in the following creas: ( 1) inadequate reflection of the teoching of the Bishops al Vatican Il and this in the arecs of the nature of marrioge, the legislative role of the local Church, and in ecumenism; { 2) a tendency to legislate answers to disputed cononical and theological questions; ( 3) legal inodequacies as law is isolated from ifs theologicol· pastoral context; 14) inadequate consultation in the drofting of the new law. While it look eight years ta draft the new law the world episcopacy was expected to reply in si;\ months; (5) codification of law should be de· ferred while ad hoc legislation tokes its place in creas where theology and pastoral consensus is present. The Society also recommended thot the proctice of new law having a pastoral preomble should continue. This enhonces its reasonableness and facilitates its acceptance by the community. ln a real sense the new law is not yet applicable since it is not approved and promulgated by the Pope. This may toke severa! years. However, in another sense the new law is partly applicable because in selected instances it restates the ad hoc legislation promulgated and approved by the Pope during the post decade, Sorne canonical and pastoral skill is reqvired to discern this difference.


MINISTRY James A. Coriden

1. What is ministry? "For the nurturing and constant growth of the people of God, Christ the lord instituted in the Church a variety of ministries, which work for the good of the whole body." (lumen Gentium, 18) "Even in the most ancient times certain ministries were estoblished by the Church for the purpose of suitably giving worship to Gad and for offering service to the people of God according to their needs. Sy these ministries, duties of a liturgical and charitable nature, deemed suitoble to varying circumstonces, were entrusted ta the performance of the faithful." (Apostolic Letter Ministeria Ouaeclam, 1972.) Broodly speaking "m;nistry" is the descriptive term for the whole range of service functions performed within the community of Christian believers, the tosks related to worship and sacrement as weil as those which seek to sotisfy the gamut of human needs, individuel and social. One of the most profound conceptuel shifts within the Church in recent decades has to do with the notion of ministry. lt has moved from a narrow vision of "things which the priests do" to a wide spectrum of deeds, services, and offices which extend from the usher at Sunday Moss to the pope of Rome. Ali are now seen as authentic ministries exercised in the nome of Christ. 2. What is the most significant development in ministry since the Second Vatican Council? ln addition to the renewed understanding of ministry mentioned obove, the most important development in the exercise of ministry since the Council is the dispersion of ministeriel roles. The multitude of ministeriel tasks, formerly performed almost exclusively by priests, ore now being diversified and diffused throughout the believing community. There is a distribution of ministeriel responsibilities presently under way which is unparolleled in the history of the Church since the third century. This movement is the first major reversai of a trend which begon in the fourth century, namely the limitation and diminution of minĂŽstries which went hand in hand with their absorption into .the priestly office. The triviolization into o merely symbolic residue of the previously meoningful and functional "minor orders" 1porter, lector,

305


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acolyte, and exorcist) is but one exemple of this unfortunate process. Now · an opposite, healthy and welcome movement is toking place: a redistribution and decentralization of ministeriel functions. lt is impelled by a keener sense of need for more specialized and expert pastoral ministry, by an

appreciation for individuel chari sm, by an increased sense of co-responsibility and participation, and by a heightened awareness of the meoning of the baptismal commitment and membership in the Church. lt manifests itself in two ways: in the official creation of new ministries, e.g., permanent deacon, catechist, leaèler of song, episcopal vicar, etc., and in the recognition as genuine ministries of tasks long performed by non-ordained members of the community, e.g., teaching Christian doctrine, aiding the sick, counselling the troubled, helping ethers to pray and come to a fuller awareness of Christ, etc. 3. What is the present structure of ministries in the Roman Catholic Church? Ministries, although essentially one, may be divided into three types for the purpose of analysis: 11 those ministries performed by the baptized, whether or not they are formally commissioned or pliblicly recognized, e.g., ushers, teochers, readers, nurses, liturgists, council members, etc. Most of the actuel ministering which takes place in the Church is done by these often unheralded ministers. 2 J instituted ministries, like thot of lector, acolyte, and catechist, which are officially authorized and ritually installed. These ministries were established and described in the Apostolic letter Ministeria Ouaedam; more may be added upon the request of episcopal conferences. Since these ministries are conceived of as purposeful and functionol in themselves and are no longer stepping stones to the priesthood, and since admission to them does not carry with it entrance into "the clerical state," they are sometimes ca lied "lay mini stries." This terminology is unfortunate because it stigmatizes these worthy raies as somehow inferior to those exercised by the ordained. The "laycleric" dichotomy no longer serves weil to categorize ministries, and, because of its pejorative and caste-like overtones ît should be total! y discarded. 3) ordained and hierarchical ministries, namely, the diaconale, priesthood and episcopale, those who shore in the sacrement of holy orders by means of the laying on of hands. These ministries, because of their long and distinguished tradition, their prestige, their lengthy preparation and fulltime commitment, and their sacramental nature tend ta dominate and at times monopolize ministry within the Church. This exaggerated overemphasis and separatist elevation of these ministries is diminishing in thè present era.


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lt should be kept in mind thot the various esteemed high offices such os orchbishop, cardinal, patriarch or pope, do not constitute odditionol levels or categories of ministryi they represent certain extensions of authority or

privilege in church faw and popular respect, but they are simply different and important pastoral functions performed by priests and bishops. For completeness sake it should be noted thot the rite oi tonsure, the minor orders of porter ond exorcist and the subdiaconate were suppressed

by Ministeria Quaedam; diaconale.

entrance into the clerical state cornes with .the

4. What is the essentiel context for ministry? The Church. Ecclesial ministry, as outlined above, by definition must be conceived of and exercised within the community of faith. When removed from this context, in the thinking of the ministers or the rest of the faithful, ministry quickly becomes distorted. lt con be and hos been reduced ta a persona! prerogative or a magical power when it is uprooted from ifs only rightful surrounding: the community of the believers in Christ. Ministry is a fundion within the Church. lndeed, ministry finds and reteins its central purposes by aligning itself with the mission of the Church. The works of ministry, namely, preaching and teaching, celebrating the sacrements, organizing the community, and ofl'ering individuel pastoral core, are parallel with and measured by the Church's own function related to the kingdom of God: 1) to proclaim in ward and sacrement the arrivai of the kingdom in Jesus; 2) ta offer itself as a madel of thot proclamation, a gathered community of hope, truthfulness and love; 3) to realize and extend the reign of God through service ta the world.

S. Why is ministry regulated by Church law? Ministry belongs to the Church and the Church has complete control over its ministries. The community of believers, enlivened by the Spirit of Gad, hos the power to shape and supervise its ministeriel fonctions. The Church has exercised this authority early and often, and it continues to do so today. The New Testament contains many different offices and tilles, e.g. the opostles, disciples, prophets, teachers, eiders, overseers, etc., which indicote o variety and development of ministries, but no exemple is cleorer thon the "invention" and commissioning of the seven to assist with the distribution of food within the Jerusalem community ( Acts, 6). Many ether exemples con be found in the lofer history of the Church for the innovation, mutation or suppression of various offices and ministries, e.g., archdeacon, archpriest, chorbishop, deaconess, cardinal inquisitor, dean, etc. The community of faith has always felt free to rearronge cmd readjust the ministeriel raies


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by which its members are served so thot tradition is honored and current pastoral needs are met. From the earliest times and throughout ifs his tory the Church hos regula led, reprimanded, and reorganized its ministries. The ecumenical councils were consistent/y concerned with the discipline and guidance of bishops, priests, deacons, and ethers who were chosen ta serve. The volume of legislation, bath universel and local, on ministeriel discipline wos immense. The lows governed criteria for selection and admission to ministry, the training or preparation process, conduct in office, extent of authority, moral conduct, punishment, removal from office-virtually every facet of ministeriel /ife was at-

tended to at various times. And this regulation was and is entirely appropri· ote because the ecclesial community has every right to order the way it is served by ifs ministers. 6. What are the sources for, the discipline which rules the Church's ministries? Before the promulgation of the Code of Canon law in 1918, the decrees of popes and disciplinary canons of councils r~garding ministry were pre· served in such unofficial collections as those compiled by lvo of Chartres (c. 1094) and the great Decretum Gratiani (c. 1140) as weil as the later officia li y authorized coi lections like the Decretai es Gregorii IX (a. 1234) and the Decreta les Clementis VIII ( c. 1598). The materiel was voluminous and sometimes poorly organized, but its cononical form · was appropriate to its use in the Church, thot is, the law was ·usuolly stoted in the context of the pastoral situation, problem or abuse, which gave rise ta the regulation. The codification which took place in 1918 was an exercise in conceptuel juridical abstraction, a rational aggregate of abstract and absolute formulee set aport from the concrete _social situation, ofter the fashion of the then popular civil codes. lt was a herculeen and admirable tosk which introduced an orderly system of terse legislation, but it deported from the more pastoral tradition of the eorlier cononicol collections. Although nearly the entire Code relates to ministry in the Church, the ports on the dergy (cc. 108-486) in the Book on Persans, on the Socroments lee. 731·1153) in the Book on Things, and the Book on Crimes and Penalties (cc. 2195-24141 bear most closely on the performance of ministry. This set of lows is still the basic source for the discipline of the Church's ministries. As everyone is aware, the laws of the Code have been much modified since 1918. Up until the Second Vatican Cou neil ( 1962·65) these changes emanated from the papal office and the congregations which ore auxiliory to thal authority. The constitutions and decrees of the Ecumenical Council, although not themselves legal documents, were of such over·arching authority thot they have also induced alterations in the law of ministry, cf. especially the Constitutions on the ChurC"h and the Liturgy, the decrees on


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Ecumenism, the Eastern Churches, the Bishop's Pastoral Office, Priestly Formation, Apostolate of the loity, Ministry and life of Priests, and the Church's Missionary Activity. Since the close of the Council literally hundreds of letfers, decrees, instructions, and directories, have been issued which have further shoped and amended the discipline of ministry. A few of the more signifkant of these were the documents on the application of Conciliar decrees and the dispensing powers of bishops (bath in 19661, ecumenicol

guidelines, permanent diaconale

( 1967), ministeriel priesthood

( 1971

Synod of Bishops 1, reorganization of ministries 1Ministeria Quaedam, 19721 and a Oiredory on the Pastoral Ministry of Bishops { 19731. These are

in addition to the whole series of ordines and instructions on the li turgy and individuel sacrements. Official texts of these and the many other relevant documents appear in Acta Apostolicae Sedis and Communicotiones. They ore most often issued in English translation by the National Conference of Cotholic Bishops, and they ore available in ari arrangement which relotes them to the canons of the Code in Canon Law Digest {edited by James 1. O'Connor and obtainoble from 2345 W. 56th Street, Chicago, Ill., 60636). Sorne legislation in reference to ministry also emanotes directly from the episcopal conference or is found in dioceson synodal decrees or the instructions of individua! bishops and priests' senates. The quontity and frequency of these disciplinary changes is testimony to the depth of the renewol toking place in the Roman Cotholic Church and the vital importance of a renewed ministry to thot reform. From the point of view of legal form, it is worth noting thot most postconcilier legislation has appeared in the aider, more traditional canonical style, thot is, with the dispositive law set squarely in a historicol, theologicol, and pastoral context from which the meaning and purpose of the law con be cleorly seen.

7. Whot is the goal or aim of ministry? Somewhere between the long-ronge and u!timote goa!s of ministry, nome/y, the heralding, modeling, and fostering of the kingdom of God, and the immediate and constant tasks of preaching the ward of God, gathering and unifing the community of believers, celebrating the socroments, and oiding individuels in need-between these Iwo is another central aim of oll Christian ministry: enobling those who believe in Christ to minister unto themselves and ta one another. To help other Christions ta grow to full molurily, to rea!Îz.e their full spirituel polenlial, to free them from depenclenr:e and exploitation, to assist them ta rise to self¡reolizotion and a ;ense of responsibility for Church and world; these are not marginal motters of secondory pastoral concern, rather they ore at the heort of the ministeriel tosk. Those gifted and chosen for ministry must constantly struggle to oid their fellow Christions to come to a deeper commitment to and fuller actuali-


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zation of their baptism into Christ and the noble mission it implies. The letter to the Ephesiens describes ministries as gifts to the Church which help it grow and unite: "lt is he (Christ) who gave apostles, prophets, evangelists, pastors and teachers in raies of service fC?r the faithful to build up the body of Christ, till we become one in faith and in the knowledge of God's Son, and form thot perfect man who is Christ come to full stature." ( Ephes. 4, 11 - 13) There will always be "raies of service for the faithful," the need for dedicated ministers to "do to " and "do for" the other members of the household of faith. But instead of inducing further dependence, or substituting for the responsible activity of others, or maintaining a superior and dominant position, the minister must always strive to bring the rest of the faithful to a more active posture, to more serious responsibilities, to the ability to minister to themsÊlves and to ethers. As Markus Barth commented on the ab ove passage,¡ " ... the task of the special ministers mentioned in Eph. 4:11 is to be servants in thot ministry which is entrusted to the whole church. Their place is not above but below the great number of saints who are not adorned by resounding titles. Every one of the special ministers is a servus servorum Dei. He is a 'poster' of God's flock, who understonds himself as a minister to ministers." ( Ephesions 4-6, Anchor Bible, vol. 34A, N.Y., Doubleday, 1974, p. 481.)

8. What has collegiality to do with ministry? Just as the Church is essentially collegial in structure, so is ministry within it. The Church is a communion, a solidarity of boptized believers, a brotherand sisterhood, a unique fellowship in Christ. lt is served by ministries which are chorocteristically collegial, cooperative, co-responsible-rather thon isolated, persona!, or monarchie. The Second Vatican Council reasserted the principle of collegiality: "Just as, by the lord's will, St. Peter and the ether apostles constituted one opostolic college, so in a similor way the Roman Pontiff as the successor of Peter, and the bishops os successors of the apostles are joined together." (Lumen Gentium, 22) The apostolic colleÇJe shared o unique responsibility for leadership in ccntinuing the mission of Christ on earth, and the episcopal college continuously inherits and exercises thot sorne shared responsibility. Bishops ore first of ali members of the college, joined in the ordo episcoporum whose unity and common purpose they ore bound to foster. "The arder of bishops is the successor to the college of the apostles in teoching authority and pastoral rule; or, rather, in the episcopal arder the apostolic body continues without a break." (Ibid.) "Each of them (bishops), as a member of the episcopal college and a legitimate successor of the apostles, is obliged by Christ's decree and command to be solicitous for the whole Church . .' .. The task of prodaiming the gospel everywhere on earth devolves


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311

on the body of posters ... the individuel bishops ... ore obliged to enter into a community of effort ... 1Lumen Gentium, 23) This collegial structure is not simply a convenient description for the group

of the lord's chosen apostles or for the relotionship between the pope and the bishops of the universel Church. lt is a poradigm for ministry in the Church. The sorne collegial analogy has applications at many other levels of the Church's vital odivity. The priests of a diocese or religious community belong to the ordo presbyterorum and shore responsibility for the ministeriel policies and performance in thot diocese or community:. Their organ or instrument is the Senote or Council of priests. Similarl-/ at the other levels or kinds of ministry-through the councils of deacons, the groupings of teachers and catechists, the regional or vicariale or deanery groups, the diocesan pastoral councils, to the parish councils and pastoral teams. The structure and function is thot of a college, a cooperative, interdependent, co-responsible group of servants of the community. Even in relatively isolated pastoral situations there should be a sense of being part of a forger coordinated team effort, and on ongoing attempt to build a local ministry of shared responsibilities. Collegiality is c~ntral to authentic Christian ministry.

9. Who is responsible for the assignment of ministers? The assignment of individuels to particular places of ministry should be envisioned in the context of collegiality. Whether it is the canonical mission of a bishop to a diocese, the provision of a pastor in office, or the employment of a teacher in a school, the assignment should not be made or accepted without careful consultation of everyone offected by it, principally the minister and the people to be s~rved. Consultation is the reflection of the principle of collegiality at work. Ministeriel assignments must not be seen as niches carved out for persona! satisfaction, or step!: on the ladder of advancement; nor, on the other hand, are they hales to be fitted with human pegs or an administrative system of rewards and punishments. Positions of ministerial service are never ta be detrimental to the common good nor destructive of the human persan. To ovoid these potentiel dangers and to maximize effective pastoral core deserves and requircs great sensitivity, immense patience, deep understanding of human nature and pastoral office, and genuine wisdom. Personnel boards, specialized training and experience are invaluable aids in the process. Reverence for rightful outhority, obedience and even docility have their part in this pracess, but it must never be reduced to a situation of feudal fealty with arbitrory orders and mute submission. Ministeriel ossignments are a mutuel responsibility of the community to be served and the minister who profers service. The bishop (or papal representative or pastor or princi-


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pal} must mediate the articulation of thot responsibility, and see to it thot authentic and thorough consultation is carried on.

1O. What is pastoral accountability? Ministeriel offices are not sinecures. Effective performance must be somehow measured and demonstrated. There is a grave need in the Church to develop good processes and accurate criteria for the evaluation of perform-

ance in pastoral office. Accountability means periodic review of ministeriel performance-by the minister, by the community served, and by peers. lt is a process of goal setting and evaluation of achievement. 1t may even include removal from office or transfer to another place of service. At every leve/ of ministry, for eoch kind of pastoral task standards of

ministeriel performance should be carefully formulated-ofter thorough consultation with leaders, ethers in like ministry, and people served. Arecs like these should be induded: liturgical celebration, effective preoching or teaching, social concern, ability to stimulate and motivate ethers and help them realize their talents, capacity to unify and lead a community, skill in counseling, ability to utilize community resources and relate to other families of faith. Continuing education is an integral part of ministeriel accountability. No one is educated to a point of competence "once for ali time." Persona! development and the changing pastoral scene demand an ongoing process of reflection, information, and dialogue for the effective minister. Opportuni¡ ti es must be provided for this .continuing education, and the minister must be induced to take advantage of them. 11. Has the system of excardination been changed? The Vatican Council recognized the serious imbolance in the distribution of priests 1Christus Dominus, 6; Presbyterorum Ordinis, 10), and the decree of implementation Ecclesiae Sanctae ( 1966) inaugurated o major change in the Code's system of excardination (Cc. 111¡117} of diocesan priests and deacons. Not only was the process of transfer ta an areo of greater need facilitoted, but the underlying presumption wos shifted from permanent service in the diocese of incardination to a freedom to respond to needs elsewhere: "Aside from real necessity in their own diocese, Ordinaries and hierorchs should not deny permission ta emigrate to those derics whom they know to be prepored and consider suitable to go to regions suftering from a grave shortage of clergy, to carry on the socred ministry there." Il, 3, #21 Obviously, ordoined ministers should not lightly or whimsically leove their local church to serve elsewhere, especiolly ogoinst the wishes of their bishop and presbyteral college. However, there is much greoter eose and


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flexibility now to respond to the genuine pastoral exigencies in other parts of the Church. This orea of ecclesiostical discĂŽpline is not yet in a final or satisfactory form. There is still need to provide a better system of mobility and transfer so thot ali ministers might more readily respond ta pastoral needs, not simply those caused by shortage of personnel, but olso the opportunities for befter service made possible by their special competence.

12. Do ministers have rights? Ministers have the sorne rights and free~oms as other members of the

Church, except as these moy be limited or extended by the legitimote demands of the ministry being exercised. And the minister should not be deprived of the opportunity to serve by lack of appointment unless he/she is shawn to be unsuitable or unworthy. Any persan assigned to an ecclesiastical office 1now defined as "any function which is conferred with stability and is to be exercised for a spirituel purpose" [Presbyterorum Ordinis, 20] ) hos the righi to ho id and exercise thot office ogoinst any arbitrarY intervention; the minister should not be transferred nor hove hisjher ministry curtoiled without a showing of cause thot such. action is for the good of the community, One of the rights which ministers of ali kinds shore with ali other members of family of faith is ta be treated foidy, However, this right is void and meaningless unless there ore suitable procedures available to assure fair treatment or to obtain redress when fundamental fairness is offended. The limited sofeguards of the Code's administrative process for removal from office (Cc, 2147-67) are inadequate. The proposed Schema Canonum de Procedure Administrative ( 1972) apparent/y languishes on a drawing boord in Rome. This mokes the effective establishment of "due proçess" mechanisms imperative in the local church and in religious communities. A good blueprint for the procedures of conciliation, arbitrotion and judiciol hearing which con be used to redress grievonces is contained in the norms "On Due Process" (approved by the NCCB in 1969 and by the Apostolic See in 1971 J. Without a relioble means to vindicate one's rights, ~heir possession is insignificant. 13. ls there still an obligation to pray the divine office? The customory obligation of those in major orders to recite the "canonical hours" eoch day {c. 1351 hos been chonged and nuonced since the Council. The fundamental duty of proyer and praise, incumbent on the Christian community and on those deputed to lead it or act on tts beholf, hos not, of course, ceased or lessened. The norms for the "liturgy of the Hours" {laudis Canticum, 1970) now strongly counsel the celebration of sorne port of this liturgy each day by


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permanent deCJcons. Other ordained minislers are urged to respe<:t the relation of the hours to the periods of the day, and the degrees of importance among the hours are paralleled by differently stoted obligations regarding the ir celebration ( Laudis Canticum, 29): 1) morning and evening proyer (lauds and vespers) are of primary · signifiee nee and are not to be omitted except for a serious reason;

2) the office of readings ( formerly matins} is the principal celebration of the ward of Gad outside the Eucharist which ordained ministers "should foithfully continue"; 3)

midday proyer and compline "will be ta ken to heort" by the ordained

ministers "to better sanctify the whole day." The canonical obligation remains, but in a sensibly nuonced form. The instrinsic importance of this special expression of ecclesial proyer and proise, uttered in the nome of Christ and for the people of Gad and the who le world, is more clearly stated. Additionol flexibility has also been afforded by extensive faculties to vary or substitute offices, formulee, psalms, and read· ings. ( Laudis Canticum, 244-52)

14. What is women's place in ministry? Women's role in the ministry of the Roman Catholic Church has been immensely significont, is now ropidly growing, but has been woefully neglected by the hierarchicoÎ Church. The ministries of the baptized, especially the educative, formative, and healing tasks, hove been exercised in a major way by women for centuries. The ever-exponding voriety of new ministries ( e.g., social, liturgical, spirituel, missionory, political, etc.) now being assumed and expertly performed by women is cause for admiration and rejoidng. Such explicitly ecclesial func· tians and offices as chancellor, defender of the bond, associate poster, reader, leader of song, catechist, extroordinary rninister of the eucharist, and ethers, are among them. However, not only do wo-men continue to be excluded from the ordained ministries of diaconale, priesthood and bishop ( c. 968); but even the renewed ministries of permanent deccan, ledor and acolyte ore explicitly dosed to them. There seems to be no theologicol justification for this continued exclusion, and it is to be earnestly hoped thot these unfortunate berrien will saon be swept oside and thot women will be welcomed into ali levels and kinds of ministry. lt is in the interest of more fruitful ond effective ministry to the believing people. 1S. TO wh at extent may a dispensed priest exercise ministry in the Church? "A dispensed priest is a lay persan in good standing in the Church. As ·such he may and indeed is colled upon to exercise those ministries incumbent upon the baptized as lay persans. He may also exercise certain


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more specifie ministries including liturgical ones, provided the dangers of confusing ethers as ta whether he is acting as a cleric or lay persan is avoided. He may be hired for any position in the Church for which a lay

persan may be employed. If the position involves teaching theologicol or related sciences at the groduate level, administrative positions in education or the exercise of the liturgical ministry in public celebrations where the priest's condition is known, special discretion of the local bishop is required to the extent he has jurisdiction over the institution in question. ln effect, there are bread possibilities within the present law for the involvement of dispensed priests in the ministry of the Church, and for their employment by the Church. Any decision to involve dispensed priests in this matter would be acting within the general direction indicated by the Americon Bishops themselves." (J. Provost, K. Lasch, H. Skillin, "Dispensed Priests in Ecclesial Ministry: A Canonical Reflection," Chicago Studies 14 ( 1975) 12133.) The relevant documents are examined and �nterpreted in this careful and thorough study. The legal position of the Church in this matter is unjustifiably harsh and arbitrary; it cries out for revision based on a spirit of reconciliation rather thon the punitive attitude which presently characterizes it. Confer T. Tierney, "Return to the Lay State. The Meaning, Preelice and Reform of Loicization," Studio Canonica, 8 11974) 277-94. "ln addition to continuous improvement of the juridical procedures, other ways must be sought to help priests during and after the period of their transition to the lay state. Although they are outside the priestly ministry, . their talents and education should not be lost to the Church and the human community." (N.C.C.B. Statement on Celibacy, Nov. 14, 1969.) "lt is recommended to Ordinaries ... thot, wh ile avoiding scandai and at the sorne time exercising charity and¡ justice, appropriate opportunities for service to the Church be made available to legitimately laicized priests. ln reaching a decision on this matter, consideration should be given to current attitudes towards priests who have sought and received laicization, to the needs of the Church, and to the education, talents and good will of the laicized priest." (N.C.C.B. Ad Hoc Committee for Priestly Life and Ministry, 1973 Report, p. 58).


RELIGIOUS Richard A. Hill, S.J.

1. Why have there been so many changes in religious life? The extensive changes in religious life since about 1968, which everyone recognizes os virtually revolutionary, are the result of an historie reversai of

policy on the part of the Holy See with respect to the religious; and for thot reason it is necessary to set them in their historical context, one which reaches bock at leest a century and a half. ln his important study, Vie et Mort des Ordres Religieux (1972), Raymond Hostie, S.J., has demonstroted for the first ti me how nearly tatar wos the disappeorance of religious in the Church between the suppression of the Society of Jesus in 1773 and about 181 O. ln thot thirty-five year period the number of religious men suddenly declined from more th an 300,000 ta about 30,000, a falf of 90%. Sin ce ali religious women at thot time were cloistered nuns, the wholesale confiscation of their convents certainly had the sorne impact upon their numbers. Only in lreland, England, North America, the Papal States and a few pockets in Europe did organized religious life survive and sorne new communities emerge.

2. How did religious life recover from such devastation? How profound was the trauma for religious institutes of this nearly fatal collapse, coupled with incalculable materiel fosses and the nearly total disoppearance of Catholic schools, orph~nages, hospitals and similar works, has to be apprecioted in arder to understond how dramatic the Catholic Revival of the nineteenth century really was. During the decades following the collapse of Nopoleon's empire and the Congress of Vien na ( 1814-15), the Holy See regoined its independence and regularized its relations with the restored European powers. The result was a climate in which religious institutes, as weil as the ether traditional ecclesiastical structures and ministries, coufd begin the long and painful process of recovery and in which new religious communities ¡could appear. By 1900 the older orders were agoin flourishing and a great many new institutes, most of which are the modern congregations of women, were founded and experienced rapid growth.

3. Did this recovery imply changes in religious communities? A high priee indeed had to be paid for the revivol, occording to Hostie,

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one which eventually proved to be tao high. The nineteenth century was

perceived by most Cotholics, corredly so in most cases, as hostile or at best indifferent. The emergence of a siege mentality wos probably inevitable. The entire Church went on the defensive and in this environment, under such strong and .long-lived ~ope.s o.~ Pi!J~ I.X ~n~ le;o Xl. li, the Holy See look commond of the entire Church in a styfe and lo a degree never before seen in its history. By the beginning of the twentieth century centralizotion of ali authority in Rome was virtually total and unchallenged. This complete centrolization brought with it a great sense of security for Catholics and confronted the seculor world with a powerful and greotly admired uniformity in doctrine and in discipline. As Hostie demonstrates weil, uniformity, accomplished by a strange edecticism, was imposed upon ali religiovs institutes, which willingly conformed to standordized models of religiovs !ife as the priee of their prosperity.

4. What were the adverse effeds of this uniformity? First, it blurred the differences between institutes themselves and, more vnfortunately, between the various kinds of consecrated fife which had appeared in very different eros in the history of the Chu~ch, incornated widely differing charisms, and existed side¡by-side when the great eclipse occurred. By and lorge the differences of spirit of the variovs kinds of religious !ife, which are substantiel, were reduced, for the most part, to purely external and marginal details, for exemple, style of dress and pious devotions. Secondly, the new congregations, most of which were femole, were made virtually identical with each ether except for incidentals of habit and customs. Officially recognized as religious only in 1900 by leo Xlll's Constitution, Conditae a Christo, these new women's groups were obligated to bring their constitutions into conformity with the single and detailed madel of the Normae of 1901. Thirdly, the entire process of centralization and uniformity reached its apogee in the Code of Conon law ( 1917), which, in effe<:t reflects and establishes a single madel of religious !ife with only slight variotions between orders and congregations, between monks and clerics and mendiconts, and, of course, very great differences between men and women. The following yeor ali institutes were directed to convoke general chapters for the purpose of bringing their constitutions into conformity with the new Code. Although the most remarkoble growth in the numbers of religious in the history of the Church occurs between. 1918 and 1950 orso, the priee, total privation of initiative and true self¡determinotion, begon to seem loo high. Even os distinguished on outhority as Fother Mark Said, O.P., chairmon of the subcommission on institutes of conseaoted life of the Commission for the Revision of the Code, has soid, "Because of the extent of the incidence of the common law of the Code in the life of religious institutes and persans


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and because of the serious defects thot the legislation contained, a great deal of harm wos caused to the institutes and their members in the short space of half a century" (cited by Jordan Aumann, O.P. in "Current Trends,"

Cross and Crown 28 (19761. p. 182).

5. When did the movement for change begin and what caused it? lt wos clearly evident immediotely after the Second World Wor and, if a turning-point must be identified, it must be 1950. The experience of the war changed ali of western culture and it is not surprising thot it affected religious communities os weil. The growing orientation of the Church toward social reform undoubtedly played its part. The remorkable improvement in

the education of young religious, especially of religious women, profound\y trained them to exercise independent judgment and therefore to work for change; Especia\ly noteworthy in North America was the Sister Formation Movement in the post-war period. From the first decades of the century the older orders had pursued critical studies of their own histories and begon to rediscover the true charisms of their founders. The emergence and official approval of the Secular Institutes created awareness of possibilities of adaptation and the exploration of new styles of living and working. lt was logical, therefore, thot the First International Congress of Religious was held in Rome during the Holy Year, 1950. The main burden of Pius Xll's Allocution to this Congress, Annus sacer, was "the efforts of religious institutes to adapt themselves to our changed times, and to join the new and the old in harmonious union" ( 27). 6. What, then, did Vatican Il accomplish for religious? Although Vatican Il did not initiale change in religious life, it was a moment of the utmost importance for religious, because it sanctioned change and gave it direction. The foundational document is the Constitution on the Church, Lumen gentium, in the closing porograph of Ch opter V (42) and the whole of Chapter VI, which locale religious life accurotely within the Church. The Constitution is so weil known thot there seems little need to comment upon it here. ln asserting thot religious life belongs inseparably to the life and holĂŽness of the Church~ the Councif insists thot the practice of the evangelical counsels in religious life is of necessity subject to the jurisdiction of the Hierarchy ( 45). On this everything which follows hinges. The Decree on the Renewal and Adaptation of Religious Life, Perfectae caritatis, addresses itself to "the general principles which must underlie the renewal and adaptation of the \ife and rules of relig;ous communities," and this "in the light of the demands of our times (prout tempora nostra suadent)" ( 1 ) . This renewal and adaptation is to touch every aspect of religious \ife. The en tire way 1ratio) of living, of praying, of working, and


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of governance must be subjected to cri ti cal scrutiny ( 3), renewed by a continuai returning to the sources of ali Christian life (the Scriptures) and to the original charism of the community, and also adopted to the changing circumstonces of the times ( 2).

There is no value or tradit;on or aspect of

religious,. life which is exemP-t. f~om .rig~rou~ a!_!icism an~ testing. This is not to say, of course, thot everything must change. lndeed, in the very coll_ for renewol and adaptation Vatican Il reaffirms the necessity of certain fundamentof values and of certain very specifie structures which are indispensable to authentic religious fife sanctioned by the Church. The question roised by the Oecree is not whether these fundamentals con be dispensed with, but whether they require renewal and adaptation in individuel cammunities. 7. What is the fundamental importance of Perlectae Caritatis?

The Oecree decisively reverses in principle the tradition of the Catholic Revival of the nineteenth and eorly twentieth centuries, at leest os far as religious life is concerned. Thot tradition was one of uniformity through conformity to precise standards of law imposed upon religious by the Holy See virtually without concern for the uniqiJe character and charism of individuel institutes. Whot Perfectae caritatis mandates is change from within the communities themselves, which is a welcome return to variety and to the discovery of new expressions of the life of the counsels in the Church. 8. Perfectoe Caritatis mandates change in principle, how has if come abnut in pradice? Obviously the actions of a General Council ore not self-implementing, but require subsequent action on¡ the part of the Pope and the Roman Cu ria. By his Mntu proprio, Ecclesiae sanctae, August 6, 1966, Pope Poul VI set in motion the process toward pluriformity. Prophesy is alwoys hazardous, but it seems safe to predict thot this document will stand for decades as the continental divide of religious life in the twentieth century. 9. What does Ecclesiae sanctae do? The Motu proprio implements four concilier decrees. ln its first section it implements two decrees, the one on bishops and the one on priests. ln its second section, and this is the section thot concerns us, it establishes norms for the implementation of Perfectae caritatis. ln its third section it implements the decree on missionary activity. The norms for the implementation of Perfectae caritatis are divided into two parts. The first part ( 1-19) addresses itself to the process of renewol and adaptation; the second part singles out nine specifie facets of religious life which seemed to deserve special comment for a voriety of reosons ( 20-44 l.


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Commonly overlooked by religious, however, is by far the longest single passage of the first section of the Motu proprio ( 1, 22-401. which details the relationships between dioceses and religious. The first section of Ecclesioe sanctae, Il, is by far the more important. ln summary it mandates the calling of a special general chapter in every religious institute whose principal purpose will be to begin the challenging and demanding tosk of renewol and adaptation by the revision of the constitutions and other legislation, and by articulating for each community its finolity and chorism in the Church. These special general chapters have been held by ali religious except the Society of Jesus, which obtained on indult from the Holy See to consider its ordinary thirty·first general congregation as its special chapter, although it clearly did not fulfill the demands of Ecclesiae sanctae.

10. How ore chapters to' effect 'renewal cind 'adc:iPtcition? Of course, legislative bodies have a very limited objective. Renewal of religious life ultimately depends upon the persona! renewal of the members. But, to'the extêilt'lhot 1ht! constitutions, customs and other structures obstrud genulne renewal or at a\ east do not focilitate it, general chapters are the only meons within religious communities to moke the necessary changes. However, what is first needed in suchïJ serious undei"tciking is planning and· ex.perimentotion, and this is what the special chapters were to set in motion. They were free to experiment with any aspect of their lives provided such experiments were not contrary to the common law. If religious wished to ex.periment contrary to the universel. law of the Church, they needed dis· pensotions from the Holy See. By and lorge these dispensations were granted and have led in the post ten years to numerous changes in the law of religious. From ti me to ti me Father Joseph F. Galien, S.J., has listed these changes in Review for Religious and they will be found in detail in Canon Law Digest, edited by James 1. O'Connor, S.J.

11. Did the implementation of ECCLESIAE SANCTAE adually reverse the tradition of the previous century and a half? There con be no question thot this is true. The ultimate responsibility for the growth and future of each institute now rests -quite squarely ·upon ils · chopters and members. ln the woke of the Code of Canon law-indeed for a century prier to it-generol chapters, whil~ still described os the high· est legislative bodies within religious institutes, were perfunctory affoirs, whose only serious responsibility .wos the election of the superiors general ond the·· general· officiols:· Otherwise 'chapters:- merely supervised their institutes, enforced discipline as needed, and multiplied rules.


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12. ls not the authority of a chapter slill very limitee!? While Ecclesiae sandae is a substantiel reversai of the cenlenary policy of the Holy See, it ls not an unqualifled reversai. The Church had never totally abdicated control of the religious life. Lumen gentium insisted thot the pradice of the evangelical counsels is subject to the jurisdiction of the hierorchy ( 45), and Perfectae caritatis determined severol aspects of religious life which the Church must regulate. To be sure Perfectae carifatis

itself and Ecclesiae Sanctae Il, 20-44, as weil as subsequent pontifical documents, do spell out norms to be followed by chapters. But, within these admitted limits, the communities have recovered their substantiel autonomy and initiative. Experience over the post decade shows thot almost ali the difficulties religious have encountered in ¡their legislation and structures have derived from their own constitutions and books of usages or customs rather thon from the universel law of the Church. 13. ls there a time-limit on experimentation? lt has to be understood thot the experimentation in question is experimentation with mat!ers presently contained in constitutions or, with the permission of Rome, with matters presently regulated by the common law of the Church. The purpose of the experimentation is to arrive at a final decision about new constitutions through experience. The rule of Ecclesiae sanctae is thot the period of experimentation coneludes with the second ordinory chapter after the special chopter. The Motu proprio seems to have laken it for granted thot this period would lest approximotely ten or twelve years, at the end of which eoch institute would submit its revised constitution for the approval of the Socred Congregation for Religious and Secular Institutes (SCRSI). However, in those communities which experimentally introduced more frequent chapters this period was reduced to as few as six or seven years, while in a few orders it would be more thon twenty years! fn 1967 SCRSf required religious institutes to submit to it the acts of its special and ordinary chapters for review and comment. Presumably in this way the Congregation will be able to judge how the revision process is progressing and is expected ta determine a deodline in the near future.

14. Why is experimentation to be terminated? Lumen gentium, in saying thot the hierarchy has the obligation "to govern the proctice of the evongelical counsels" ( 45), is only stating wh at has always been the practice in the Church. Ali the great founders asked for and received from Popes approval of their way of life. At !east since the thirteenth century the details of the way in which each arder incarnated the evangelical counsels in ils life have been spelled out in their constitutions.


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The review and revJsJon of the specifies of religious life in each institute called for by Perfectae caritatis is to be sa profound, sa critical, thot it is not much of an exaggeration ta coll it a second founding. The concilier decree colis upon the cooperation of ali of the members of each institute and states thot the renewal and adaptation will not be achieved unless every member cooperotes ( 4). Lumen gentium simply leaves the initiative in this to each institute itself. ln effect, what is happening is thot ott communities are asked ta retive their founders' experience and then, like them, seek the Church's approvol of their undertaking. The period of experimentation is intended to provide enough time for this vital process. The goal is the Church's approval of renewed--can we say new?--constitutions. But this does not mean thot future change is precluded. On the controry Ecclesiae sanctae itself states thot "renewal cannat be accomplished once and for ali, but should be encouraged in an ongoing way ... " (Il, 19). What is needed is to include in constitutions an article providing for their own future amendment, which must allow for experimental amendments when the issue is not immediately clear. Structures of governance, formation of younger members, styles of living, and the like, which are supposed to be provided for in a basic way in constitutions, must be subject to continuel evoluation ond therefore adaptable to changing circumstcnces, prout tempera suadent.

15. Are not many religious experiencing great difficulty in revising their constitutions? Yes, they are. Ecclesiae sanctae, Il, establishes two practical norms which should govern the revision of constitutions. The first is thot there should be two books or collections of capituler legislation. One is to contain the basic or fundamental law of the institute. The other collection is to cantoin the legislation regarding details of life and work which still seem to the chapters necessary and relevant, but which are more open to change and less fundamental ( 14). The distinction is between constitutional and statutory law, and in itself is clear enough. The reason for ma king the distinction is thot the constitutions are to be approved by the Holy See and cannat be changed without its approval, whereos the statutory laws, while still to be examined by SCRSI, are to remcin within the competence of the institutes themselves. The second practical norm of the Motu proprio to be followed in the revision of constitutions is thot they should include "the evangelical and theological principles of the religious life and of its union with the Church, as weil as a clear articulation of the charisms of the founders and their specifie purposes in founding their communities, along with the healthy traditions which are the patrimony of ecch institute" ( 12a ). The reason


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for introducing this new style, which is in reality a return to the style of the constitutions of the aider orders, is to provide within the document itself the rationale of ils juridical specifies and the context of their proper interpretation and application. However, most religious are finding this balance difficult to achieve. Furthermore, the various responses of SCRSI to religious communities after examination of their experimental constitutions require articles which one would not otherwise expect in a constitution, but in a book of ordinances or usages, which are colled codes in American legal jargon. Finally, many chapters interpret constitutional law to be merely generic, non-specifie; to be hortatory rather thon imperative. This, of course, is not the case. A constitution must be very detailed and specifie about many matfers, for exemple, about elections, admission of new members, dismissals, and the Jike. Since these touch the rights of persans they must be dealt with in detail.

16. What is the position of cloistered nuns? Perfectae caritatis, 7, insists upon the importance to the Church of those men and women who are called to contemplation, without involving themselves in the active ministry. However, in para. 16 the Decree creoles a distinction between men and women in this vocation by requiring thot women who are contemplatives and do not also engage in apostolic work be bound by papal cloister, while those who do carry on such works are no longer lo be bound to the so-called minor papal cloisler. lmplementing this Ecclesiae sanctae, Il, 32, requires thot nuns who do carry on apostolic works must decide either to give up the papal cloister and continue their work or ta give up their work and observe papal cloister. The Motu proprio, in Il, 9-10, introduces a distinction between cloistered men and women. Nuns, unlike ali other religious, including cloistered men, do not themselves revise their constitutions nor do they decide upon oppropriete experimentation as prelude to such revisions. This is decided for them by the male superior general or by the mole opostolic delegate. The reoson alleged for this distinction is thot nuns "have so great a need of stobility and security" ( 10 )_ On August 15, 1969, SCRSI published what is probably !he most harsh papal legislation of the post thirty years, Venite seorsum. lts most regrettable aspect, epart from a surprising reference to the passive nature of women os opposed to the active nature of men (IV), is its profound distrust of nuns. Unlike ali ether religious men and women, they are presumed to be untrustworthy in the observance of the law of cloister, and sa two men, the Bishop and the reguler major superior, are almost literally posted at the locked doors of each convent. Except in the case of "very grave and imminent danger" ( 7, a), nuns may never leave their convents for any

•


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reason whatsoever without the perm1ss•on, at leost habituai, of these two men. And a book must be kept in which every instance of a religious going out must be recorded. This book must be inspected when these men make their canonical visitations. Fortunately, the draft of the new Code proposes freeing nuns from this supervision. Precluding absolutely any experimentation with regard to the observance of the enclosure, SCRSI presently requires thot any nuns who wish to explore

development of the contemplative life with sorne flexibility of cloister must request the dispensation of their vows, leave religious life oltogether and form a pious union if a Bishop will permit them ta do so in his diocese. Nuns remoin the most abandoned religious in the Church, eut off, as they are, from access to competent professional assistance in their lives and from sharing with ether religious women, even with other nuns, the meaning and experience of religious fife. 17. What changes have been introduced into the training of religious? On February 1, 1969, SCRSI pub li shed an Instruction on the Renewol of Religious Formation, Renovationis causam, which substantiolly omends canons 538-591 of the Code. The Instruction follows the format of providing an introductory section which rationalizes the legislation which follows. lt introduces great flexibility in what it refers to as the two phases of religious formation ( 10), the novitiote and the subsequent probotionory period of temporary profession. lt provides for periods of apostolic experience during the novitiate, which, while remaining a place, is more emphasized os an experience, and, while still requiring a single director of novices, encourages a team approach in their formation. lt is this document which permits the temporary profession to be one of promises made to the community rather thon of vows, and permits the period of temporary commitment to be extended as long as nine years. 18. What should be said about special faculties granted to religious superiors in recent years? Just as Ecclesiae sanctae restored to religi.ous communities a proper legislative independence, a series of recent faculties for major superiors has facilitated administrative independence and effkiency. The first grant of such faculties was made to superiqrs general of pontifical clerical institutes in 1964, and substantially the sorne faculties were extended to the superiors general of pontifical lay institutes in 1966, with an important amendment regarding the dismissal of a temporarily professed religious being mode in 1969. The most commonly known of these faculties is the so-colled leave of ¡absence, which is more properly called permission to live outside the religious community. These faculties concern motters of internai administration, matters previously routinely handled by the Holy See. A number of


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specifie canons of the Code were suspended or amended by a Decree of SCRSI, June 4, 1970, but once again they concern relotively unimportant or routine matters.

19. Has the exemption of regulars been changed? The exemption of regulars from the jurisdiction of the Local Ordinary

{Canon 615) has been substantiolly modified in t~e process of restoring the Jegitimate autonomy and responsibility of Bishops. ln his Allocution, Annus sacer, Pius Xli strongly defended the privilege of exemption as a papal prerogative, careful to note, however, thot exempt religious are subject to the jurisdidion of the Bishop in what concerns "the administration of the episcopal office and the weil regulated core of seuls" ( 9). Fourteen years lofer Paul VI in his Allocution, Magna gaudio { 1964), reasserted the right of the Pope to exempt sorne religious from the jurisdiction of the local Ordinary in arder ta make them available to the papal ministry. However, inasmuch as religious serve in specifie dioceses they are obligated ta observe the directives of the Bishop in what pertains to the apostolate of thot par· ticular church, "without prejudice to the nature of their specifie apostolate" as determined by their constitutions "and the demands of the religious life" itself. This position is adopted practically verbatim in lumen gentium ( 45), and it is repeated in the preliminary schema of the new legislation on institutes of consecrated life ( 16-18). ln any event Ecclesiae Sanctae, 1, 2240, spells out in great detail the present dependence of ali religious, including the exempt, upon the jurisdiction of the local Ordinary. The proposed suppression of the distinction between solemn and simplë vows in the revised Code will, of course, suppress the category of regulars (Con. 488, 7°). Exemption as a privilege of the law itself granted to any class of religious will disappear, although the righi of the Pope to exempt religious in the future from the jurisdiction of the local Ordinary will remain intact. What exemption seems to be at present, therefore, is complete autonomy from the jurisdiction of the local Ordinary in deciding the internai affoirs of the religious arder, and dependence upon his jurisdiction with respect to the ministry and external discipline of the local church, as qualified by Ecclesiae sanctae at various points. A legitimate independence and initiative even in the ministry con be and should be secured by the written contrads which are new required between religious communities and dioceses with respect to their relationships (Ecclesiae sanctae, 1, 22-40, passim). 20. What has become of the religious habit? Pe.rhaps because it is the most visible change in religious fife, the habit has unfortunately become the most controversial aspect of recent adaptations by religious, especially religious women. Unjustly, the matter of dress


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is almost always referred to religious women; unjustly, because the law of a habit applies equally to diocesan clergy and to religious men and women, a fact which is usually overlooked Id. Cons. 136 para. 1 and 596). The use of a distinctive style of dress is "a sign of conseaated life" Perfectae caritatis, 17. Yet this is also true of those who have been ordained for the ministry of the Church ( Can. 136). ln North America, lreland and Great Britoin the sign of ordination is the cierical coller, originolly designed for the Protestant clergy in london, which was introduced into Cathclic practice less thon a century ago. ln most of the rest of the world diocesan priests wear an ordinary suit and tie with a cross or other emblem on the lape( of the coat. This appears to be common wherever the cassock has been abandoned, and is certoinly true in Rome itself. Religious men adopt the manner of dressing of the diocesan clergy, The question, then, is what is an analogous manner of dress for religious women? What habit seems to mean today is a "simple, modest, poor dnd becoming" style of clo2hing ( Perfedae caritatis, 17), which is "in sorne way different from forms which are obviously secular'' ( Evangelica testificatio, 22), and which somehow symbolizes the commitment to ordained ministry or to religious !ife. The habit, then, con be a coller worn backward or an emblem. The problem with the emblem is devising one which is recognized by ordinary Catholics and others as a sign of public religious commitment rather thon of merely persona! piety. The development of unambiguous symbols is olwoys a slow process in any culture. Nowhere do the recent documents of the Holy See require uniformity in clothing, ta say nothing of something as specifie as a veil, because at !east Rome knows it is speaking of bath men and women. ln connection with Evangelica testiflcatio ( 1971 ) it seems worth noting thal when Pope Paul mentions the habit he does so at the close of a long passage on poverty ( 16-22), in the course of discussing the poverty of religious as witness to the values of the Gospel. He has just asked religious to be careful thot their practice of the vow of poverty is not just the appearance of being poor and to avoid anything thot would appear affectation or vanity, when he says thot the dress of religious men and women should be a sign of their consecration ( 22). The ir consecration to be poor? For sorne religious men and women adaptation in this matter has been very expensive and modish. Since it is obvious thot diocesan priests and religious cannat and should not wear a distinctive kind of clothing always and everywhere, the more important question today would seem to be, when and where?

21. What is known about tho revision of Canon law as il will affoct roligious life? This will be one of the most thoroughly revised sections of the Code ond


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its general thrust is already clear. A working draft of this port has been circulating for sorne time, and it bears no resemblance in ils structure to the present De Religiosis. lt is a remarkoble departure from the present Code, primorily in thot it leaves to eoch community the specification of most of the details of its life. Besides being much less than half the length of the present De Religiosis (if one counts words and nol only canons), virtually every conon refers to the particular law (constitutions) of the institutes with

an almost monotonous regulority: "according to particular law," "particular law may, must determine," "unless the particular law stipulates etherwise," "in addition to whatever the particular law requires," and so on and on. The new Code will olso introduce an entirely new legal vocobulary with respect to this section. This port will no longer be co lied "Religious," but "Institutes of Life Consecrated by the Profession of the Evangelicol Counsels," which is officially abbreviated to "Institutes of Consecrated life." "Province" becomes "part;" "house" becomes "local unit (sedes, coetus) ;" "superior" becomes "moderotor;" "subject" becomes "componion (sodalis) ;""novice" becomes ''recently accepted member ( sodalis nuper receptus), '' wh ile the persan who is professed is colled the ''incorporoted persan (cooptatus}." Why ali this change in vocobulory? Becouse the new Code wishes to make clear thot il is a general law for ali the different kinds of religious institutes and wishes to employ words which con opply to ali. Each individuel kind of institute, indeed each individuel institute, is free to employ in its own law and documents whatever vocabulary it prefers. Presumobly the "moderotor" of the Code will still be the obbot, prior, guardian, redor, superior, responsible leader, coordinator, or whatever. Any opproximately adequate treatment of this droft or of what has appeared in Communicationes, the official publication of the Commission for the Revision of the Code, would exceed the scope of this article.

23. Are there misgivings about this style of legislation? Many religious, especially religious cononists, are very sceptical about this procedure. Although everyone opposes new Normae to supplement the new Code, which will specify the details of the particular law of religious institutes, to which the new Code will so frequently refer, it has honestly to be said thot if appears thot SCRSI is inadvertently, to say the least, creoting such Normae in practice. ln an increasing number of letters to superiors general commenting on the acts of c'hapters, certain enactments are reprobated, while numerous odditionol articles are required, although it is for from clear thot they contradid the concilier and papal documents or are demanded by them. Frequently enough these complaints indicate thot the present Code does not permit what has been enacted, without hinting thot <J dispensation should be requested and would be granted. lt is beginning


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to be possible, as these responses of the Congregation ore circu1ated and published, to drew up a syllabus of capituler errors. These are the feared Norrnae.

24. Then why revise constitutions before a revised Code? ¡ ln itself, despite the fears of intervening Normae, this is on encouroging development. Father Soid, O.P., the relator of the subcommission on religious, maintains thot this is being done precisely in arder to restore to par¡ ticular law in religious life its pri~acy in struduring and ordering the life peculiar to eoch institute. This is, he says, a return ta pre-nineteenth century attitudes, indeed, ta very early kinds of religious rules and constitutions. The universel law is intended only to estoblish and secure those aspects of religious life or consecroted !ife which the Church judges minimal and essentiel in ordering the life of the evangelical counsels (art. cit., pp. 181-83). If this is successful, thot is, if individuel religious institutes ore truly free to specify the general law of the Church in their own particular legislation, the Church con hope for a truly revitalized religious life and broad diversity con reappear as communities rediscover their particular spirits and new kinds of consecrated life are born and flourish.

25. Does religious life have a future? Renewal and adaptation look only to the future, however much it must search the post and test the present. lt is no exaggeration to say thot within the post ten years a degree of freedom to shape their own futures has been thrust upon religious communities and ir.dividuals which many, if not most, were ill-prepared to cape with. The decade 1966-76, has been a kind of corporate adolescence. As lote as 1957 Hilda Graef could write, "Between the foundations of nearly oll the women's orders ... and our deys, there has occurred the emancipation of women .... Yet on entering a convent women immediately become minors, and in ali loo many cases, in contrast with male religious, remain minors throughout their lives ... " {From Fashions to the Fathers, pp. 228-31 ) . Sorne communities and sorne individuels are negotioting this religious adolescence better thon ethers. On the whole, however, the majority of individuels and communities continue to change in an otmosphere of prayerful discernment and loving concern. Differences of opinion certainly exist within communities, sometimes in a very divisive monner. Sorne institutes are perhops irreversibly polarized. Where this occurs within an institute SCRSI, as a matter of policy of lest resort, establishes outonomous houses for those religious who believe thei_r communities have departed from the true spirit of their constitutions. While the parent institute remains financiolly responsible for these autonomous houses, they are independent of ifs chapters and superiors and are authorized them selves to admit candidates. This policy is, of course, alarming.


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Polorizction between institutes themselves has led in this country to the creation of Consortium Perfectae Caritotis os an alternative to the Leadership Conference of Women Religious, although its members remain members of

LCWR. This represents a regrettable schism among religious women. Unquestionably most religious communities will survive, but it would be miraculous if ali do. Perfectae caritatis, 21-22, provides for suppressions and mergers, and many mergers have alreody occured. The decline in vocations in sorne communities confonts them with a crisis of alarming proportions. As the median age of their members rises year-by-year, it is difficult to see how they will be able for long to support their infirm and retired religious. A few communities appear prepared to disband rather thon accl";!pt any legislation from outside themselves. Ultimately, however, ali religious institutes realize thot their hope for the future is only in renewal and change. Any return to the post is recognized as fatal. The best sign of health in on organism is growth and this is what religious look to now.


ECUMENICAL GUIDELINES John E. Lynch, C.S.P.

1. What is ecumenism? One¡ of the principal concerns of the Second Vatican Council was the restoration of unity among ali Christians. The term "ecumenical movement"

indicates the various initiatives and activities encouraged and organized to promote Christian unity. lnsofar as Christ founded "one Church and one Church only," the division among the many Christian Communions scandalizes the world and impedes the spread of the Gospel. Every Catholic, therefore, must be solkitous for the restoration of Christian unity. For the rifts dawn through the centuries by which many communities became seporated from full communion with the Catholic Church, men of bath sides were often to biome. Ali who "believe in Christ and have been properly baptized are brought into certain though imperfect communion with the Catholic Church" (Decree on Ecumenism, n. 3.). ln the strict sense ecumenism refers to relations only among Christians. The Council, however, sought to promote interfaith movements with non-Christians and respect for the conscience of ali peoples, even those without religious convictions. 2. Did the Second Vatican Council consider other Christians only as individuels or did it acknowledge the role and dignity of their own communities before God? Before the Council theologiens hesitated to concede' any Christian reality to the non-Catholic communities as such. They reasoned thot corporate separation from the Cotholic Church entailed separation from the Spirit so thot grace was bestowed on individuel Christians not becouse of their religious communifies but in spite of them. The Decree on Ecumenism, on the ether hand, recognized thot "the seporated churches and communities os such," though 'they suffer from defect' have by no meons been deprived of significance for salvation" ( n. 3}. The dissident Christian shores in the life of Christ within his own Communion and by meons of it. These communities, then, hove a degree of communion with the Catholic Church which is greater or less depending on their sacramental full ness. A second concilier document, the Declaration on Religious Freedom, has significant implications for ecumenism; in foct, the first text of the Declara-

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tion appeared as a chapter in the Decree on Ecumenism. Ecumenical dialogue would be impossible if, in theory or in fact, the Roman Catholic Church did not respect lhe freedom of non¡Catholics. From post history and certain nineteenth-century papal statements, it seemed to many thot the Catholic Church embraced a double standard, demanding the free exercise of religion when Catholics were in the minority in any nation and at the seme lime

refusing and denying the sorne religious liberty when Catholics were in the majority.

The Council forthrightly declared thot the humon persan has a right ta religious freedom. This freedom means thot ali people are to be immune

from coercion in religious matters so thot no one should be forced to act ogainst his conscience or restrained from acting according to his conscience, whether privately or publicly, whether clone or in association with others, within due limits (Declaration, n. 2). lt is to be especially nated thot the "freedom or immunity from coercion which is the endowment of persans as individuels is olso to be recognized as their right when they act in community" t n. 4). The community organizotian of religion is required by the social nature bath of men and of religion itself. The document which Pope Poul VI called one of the major texts of the Council is widely considered to have opened the way toward new confidence in ecumenical relationships. 3. What provisions of the 1918 Code of Canon Law hod to be modifled as a result of the new spirit of ecumenism? According to Canon 1258 it was illicit for Catholics to actively assist or take part in any way in the worship of non-Catholics. Provided there was no danger of perversion or scandai a passive or merely materiel presence at funerals, weddings and ether such celebrations of non-Catholics could be tolerated for the sake of civil courtesy, duty, or respect. There had ta be a grave reasan which in case of doubt was to be referred to the bishop. Conon 731 forbade the administration of the saaoments of the Church to heretics or schismatics in good faith who asked for them, unless they first renounced their errors and became reconciled with the Church. (The term "schismatic" in the Code is applied to the separoted Eastern Churches.) Even in danger of death it was required thot there be at least an implicit rejection of error and a profession of faith (Canon LCIW Digest Ill, 300). Canon 2319 leveled an automatic excommunication against a Catholic who contracted marriage with a non-Catholic before a non-Catholic minister. Conon 1339 declored forbidden by the law itself any editions of "the original text and of ancient Catholic versions of Socred Scripture even in the Oriental Church, published by non-Catholics; also ali translations of Sacred Scripture into¡ any language, made or published by non¡Catholics.'' The same canon prohibited "books by non-Catholics which treat professedly of religion" unless it is certain thot they cantoin nothing against the Cath-


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olic faith. Canon 1325 forbade "disputations or conferences about matters of faith with non-Catholics, especially in public, unless the Holy See, or in case of emergency the Ordinary of the place, had given permission." Canon 823 prohibited the offering of Moss in the churches of heretics or schismatics even though they were in the post properly conseaated or blessed. The law against cooperating in schismatic worship was so strictly interpreted by commentators thot a very serious reason was necessary to sell the bread or wine to be used for the Eucharist. 4. ln accordance with the decrees of Vatican Il how is the work of ecumenism carried on?

The Holy See has established a permanent Secretariat for Promoting Christian Unity. lts task is to core for relations with members of other corn· munities. Jt is concerned with the interpretation and implementation of the principles of ecumenism. ln addition to promoting and coordinoting Cath· olic groups on bath the national and international levels, it encourages dia· logue on ecumenical questions and activities with churches and ecclesial communities not in communion with the Apostolic See. There is a Pontifical Commission for Religious Relations with Judaism and one for Relations with Islam. The Vatican has also set up a distinct Secretariat for non·Christians and another for non~believers. The Secretariat for Christian Unity issued a statement in 1975 outlining a number of forms of ecumenical action at the regional, national and local levels. Among the creas of local ecumenism the following are offered by way of illustration: sharing in proyer and worship; common Bible work (distribution and studyl; joint pastoral core (in hospitals, prisons etc.); shared premises; collaboration in education; joint use of communications media; cooperation in the health fleld; national and international emergen· cies; relief of human need; social problems; bilateral dialogues; meetings of religious leaders; joint working groups to explore possible flelds of cooperation, study and action. Questions thot are more likely ta arise on the local scene will be treated under the foflowing headings: ecumenical education and joint action; worship services; sacramental sharing. ECUMENICAL EDUCATION AND JOINT ACTION

S. How has contemporary ecumenism affected Catholic seminaries and other institutions of higher learning? ln the theologicol preparation of seminorions the "curriculum must be shaped in the light of the fact thot the great central trûths of salvotion form a common Christian heritage and ore, indeed bridges between various fra· ditions. The seminary student must know his faith weil, be able ta appreciate


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the hierarchy of revealed truths, be able as weil to distinguish between Catholic doctrine and theological opinion, and between truth and its manifold expressions. He must be acquainted in particular with the history and teachings of the Christian communities with which his future ministry will bring him in contact. He must also ¡have a knowledge of the history of ecumenism and of the theological principles which serve as a foundation of !rue ecumenism" (The NCCB Program of Priestly Formation, 2nd ed., n. 2951. This Program implements the Decree on Ecumenism (n. 10).

Formai cooperation between institutions which will further ecumenical formation may take various forms provided the autonomy of the Catholic theological school in controlling ali requirements of priestly formation is mointained and the consciences of ali parties to such cooperation are safeguarded (ibid., n. 304). ln certain circumstances Catholics moy take courses in the seminaries of ether Christian denominations. Systematic instruction should be given by Catholic professors, especially where exegesis, dogmatic and moral theology are concerned. Catholic students con attend classes treating such practical materiel as biblicol languages, communications media and so forth. Subject to the judgment of their superiors. who should weigh their intellectuel and spirituel preparedness, "students may also attend lectures of common usefu-lness even though these have a certain doctrinal aspect-exemples are church history and patrology" ( Directory for the Application of the Decisions of the Second Vatican Council concerning Ecumenical Matters, Port Two, IV, n. 13). Experts in ecumenism may be invited to give courses in Catholic institutions and Catholic teachers should be ready to occept a similar invitation. For those who have completed a general theological training, ecumenical institutes and centers, conducted either by Catholics or by severo! confessions simultaneously, may be established. These centers con engage in research and provide advanced or specialized instruction in ecumenical theology. Associations wherein ministers of various Christian denominations meet to study jointly theoretical and practical questions will often prove useful. 6. What guidelines are there for ecumenical dialogue? Ecumenical dialogue takes place on many levels. At schools and universifies in a spontaneous and unstructured way Christians come to know and understand better ethers' opinions and convictions and to compare the various options open to men. Groups of lay people also meet to face in the llght of Christian faith the questions raised by their profession or occupation or even by circumstances of modern fife. Sorne from a loudable desire to know other Christians better in their faith and their ecclesial and liturgical fife may go on to form or to lake part in more specifically ecumenical groups. The organization and conduct of such meetings con certainly


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be entrusted to speically trained leymen. For couples in mixed marriages dialogue, perhaps together with the posters of the communities concerned, con strengthen the religious life of the family as weil as witness ta ecumenical charity.

The clergy of different denominations will naturally wish to meet for an exchange of views on pastoral problems and to adopt a common attitude as far as the circumstances and the nature of the problem allow. When

occasion offers, they con decide on a practical course of joint action .. Bishops should participate in these meetings from lime lo lime and recommend them to their priests. On a more technical leve! theologiens will consider various questions. For sorne theological dialogues the participants are appointed not in a persona! capacity but as delegated representatives of their churches or communities. Such mandates con be given by the local bishop, the episcopal conference, or by the Holy See. "ln these cases the Catholic participants have a special responsibility towards the authority thot has sent them" ( Reflections and Suggestions concerning Ecumenical Dialogue VIl, n. 10). lt belongs to the bishops to be the promoters and guides of dialogue. A common spirituel inheritance is the first basis upon which ecumenical. dialogue rests. Between the different Christian communities and the Cathclic Church there is a certain communion already existing which must be the starting point for dialogue. (The Eastern Churches are linked by ties of "closest intimacy"; among the separated communions in the West in '"which Catholic traditions and institutions in Part continue to exist, the Anglican communion occu¡pies a special place" [ Decree on Ecumenism, nn. 15, 13].) Ecumenical dialogue is not purely academie, but in "striving for a more complete communion between the Christian Communities, a common service of the Gospel and a doser collaboration on the level of thought and action, it serves to transform modes of thought and behavior and the daily fife of those Communities" ( Reflections Il, d). Ali dialogue presupposes an attitude of sympathy and openness. Reciprocity and a mutuel commitment are essentiel elements of dialogue. The dialogue must be conducted on a basis of equality, which on a practical level implies among the participants a parity in sacred and secular learning as weil as in the leve( of responsibilities held. "ln ecumenical dialogue, those who take part recognize honestly thot because of existing differences there is an inequality between the different Communions. Hence they reject on the one hand thot doctrinal indifferentism which would daim thot, before the mystery of Christ and the Church, ali positions are equivalent. On the other hand, they do not pass any judgement regarding the willingness of one side or the other to be faithful ta the Gospel. The Catholic participant, believing as he does thot the Lord has confided ta the Catholic Church the fullness of the means of salvation and ali truth revealed by Gad, will be ready to give an account of his faith" (Reflections IV, a). lt is important


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thot a Cotholic take careiul note of the leg\timate diversity within the Church's unity.

Further, since ecumenical dialogue demands a very close

fldelity to the life and faith of his Church, the Catholic must also be careful to shore in the outhentic renewals which develop within the Church.

7. What special guidelines regulate Catholic-Jewish relations? The very spirit of Christianity with its spirituel and historical links to Judaism as weil as the dignity of the human person condemn ali forms of antisemitism and discrimination. Christians must "strive to acquire a better knowledge of the basic components of the religious tradition of Judaism; they must strive to learn by what esSentiel traits the Jews define themselves in the light of their o_wn religious experience. Catholics must take core to live and spread their Christian faith with the strictest respect for religious liberty. "They will likewise strive to understand the difficulties which arise for the Jewish soul-rightly imbued with an extremely high, pure notion of the divine tronscendence-when faced with the mystery of the incarnate Word" (Guidel ines and Suggestions for lmplementing the Concilier Declaration Nostra aetate 1 ) • To improve relations it is important to take cognizance of common elements of the liturgical li fe (formulas, feosts, rites etc.) in which the Bible ho Ids on essentiel place. "When commenting on bibli~ol texts, emphasis will be laid on the continuity of our faith with thot of the eorlier Covenont, in the perspective of the promises, without minimizing those elements of Christianity which are original (Guidel ines Il). ln hom iii es bosed on liturgical reodings core must be taken not to distort the meaning of passages which seem to show the Jewish people os such in on unfavorable Jight. The people should be instructed so os to understond the true interpretation of ali the texts and their meoning for the contemporary believer. The events of the trial and death of Jesu's cannat be blamed upon ali the Jews then living without distinction, nor upon the Jews of today. Ali levels of Christian education --catechisms, history books, the moss media-should be sensitive ta possible misunderstondings. Research is to be encouraged into problems bearing on Judoism and Jewish-Christian relations, particularly in the fields of exegesis, theology, history, and sociology. Where feasible chairs of Jewish studies will be established and collaboration with Jewish scholars fostered. Christians are exhorted to undertake joint action with the Jews to promote social justice and peace at eVery level.

8. ln Bible work what cooperation is possible between Catholics and other Christians?

There is official Cotholic collaboration in over 130 Bible-translation proj-


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ects throughout the world. Many of the 56 national Bible Societies have

developed programs with Catholics for the distribution of the Scriptures and the promotion of Bible reading. Cooperation in the translation, distribution, and study of the Bible has important repercussions in missionary work, cotechetics and religious education at ali levels. "lnterconfessional cooperation in the common translation of the Scriptures has important implications for common understanding of the content of Revelation" {Ecumenical Col-

laboration 3, b). Canon 1399 which forbode the reading of translations made by non-Catholics and Canon 2318 which provided an automatic excommunication for those responsible for printing books of Sacred Scripture or commentaries on them without due permission have been abrogoted. 9. How may Catholic priests engage in joint pastoral core with non-Catholic ministers? Joint pastoral core, first of ali, does not compete with parish-based ministration. ln hospitals chaploins may adopt on ecumenical approach in dealing bath with patients and with the authorities of the institution. ln universities, industry, prisons, the armed forces, radio and television the work of the various denominations is often coordinated and to sorne extent is carried out jointly. Rapid social end economie changes give rise to special ministries, such as to youth or to drug addicts, on a city-wide or geographical basis. New pastoral opproaches with ecumenical cooperation in terms of sector ministries, often on a team-basis have been inau¡gurated. Catholic regulations for mixed morriages encourage a joint effort on the part of the posters of the couple to assist them in the best possible way before and after their marriage. 1O. Are Catholics stiJl forbidden to join the Masons and similar organizations? According to Canon 2335 those who join a Mosonic sect or ether societies of the sorne sort which plot against the Church or against legitimote civil authority incur automatkolly an excommunication res~rved to the Holy See. Obviously situations vary from one part of the world to another. Freemasonry is not a monolithic organization in philosophy or policy. The continental and Latin American lodges, unlike their Anglo-American counterparts, reject the use of the Bible in their rites and engage in politics. Because of the great diversity, the Church has not changed ils general law as yet, but note thot it refers only to associations which truly plot against the Church. Catholics, then, would not be prohibited from joining the Mosans, provided the lodge is not one thot is anti-Cotholic or inimical to the faith. According to a recent decision by the Congregation for the Doctrine of the faith, "Nevertheless, in every case the prohibition remains in


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effect for clerics, religious, and members of seculor institutes not ta enroll in any Masonic Societies'' (The Jurist 1974, p. 425).

WORSHIP SERVICES 11. What does the Secretariat for Christian Unity meon by "sharing in proyer and worship"? "The ter rn, sharing of spirituel activity and re sources ( communicatio in spiritualibus) is used to caver ali proyer offered in corn mon, corn mon use of sacred places and abjects, as weil as ali sharing in liturgical worship (communicatio in sacris) in the strict sense. There is 'communicatio in sacris' when anyone takes part in the liturgical worship or in the sacrements of another

church or ecclesial community. By 'liturgical worship' is meant worship car¡. ried out according to the books, prescriptions or customs of a church or community, celebrated by a minister or delegate of such church or community, in his capacity as minister of thot community" ( Direclory 1, nn. 29-30 J. 1t is important to distinguish carefully between proyer in common and sharing in liturgical worship, in other words, between ecumenical services and denominotiona1 services.

12. What is to be said about proyer in common? Cotholics are encouraged to join in proyer with their seporated brethren for such common concerns as Church unity, peace, social justice, mutuel charity omong men, the dignity of the family and so on. Such joint proyer is olso oppropriote on deys set oside by a country or a community for a common oct of thanksgiving or petition ta God, at a time of public disaster or mourning. Such services moy take place in any church with the active participation of the several ministers involved. With mutual approval, any reading, proyer and hymn which manifests the faith or spirituel life shored by ali Christians may be used. There is a place for an exhortation, oddress or Biblical reRection drawing on the common spirituel inheritance which will foster good will and unity among Christions. With the general agreement of the participants it is pcrmissible to use choir dress. Where Cotholics are concerned, the local bishop is to offer guidance for such participation. Similor to ecumenical services are "lnterfoith Services" where ¡the porticiponts ore not only Christions but Jews and other people of good will. Such. common proyer is encouroged whenever feosible, especiolly in motters of common concern, for exemple, peoce and the welfare of the community. The service should be plonned with the spirituel sensibilities of ali parties in mi nd and find its inspiration in our common faith in the One God. The seme latitude with regard to location, particip~tion, and vesture opplies to inter-


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faith services os to ecumenicol ones. The couse of unity will suffer unless ali projects of common proyer ore bosed on the principles of reciprocity and collaboration. No invitation should be extended or accepted thot cannat be reciprocated. There must be meaningful consultation in ali the stages of planning and execution.

13. Does the Cotholic Church permit any sharing in liturgical or denominational worship? ln general, shoring in liturgical worship must not be considered as a ¡ means to be used indiscriminately for the restoration of unity among Christians. liturgical worship ought to express a unity which olready exists. Because of the very close communion in matters of faith b'etween the Cotholic

and the seporated Eastern Churches, there ore ecclesiologicol and sacramental grounds for encouroging some shoring in certain circumstances and with the approvol of Church authority. Catholics who hove good reason, such as relationship, friendship, public office, or the desire to be better informed, moy be allowed to attend Orthodox liturgical services. They moy lake part in the common responses, hymns and actions. {Reception of the Eucharist will be considered /oter.) The local bishop con give permission for a Catholic, if invited, ta read /essons at a liturgica/ service. Similarly on Orthodox may participate in a Catholic service. A Catholic who attends the Ho/y liturgy of a Sunday or ho/y day of obligation in an Orthodox Church is not then bound to assist at Moss in a Cathclic Church. On days of obligation when a Cotholic is unable to attend Moss in a Catho/ic Church it is commendable ta attend the Holy liturgy of a seporated Eastern Church. ln the case of separated communities ether thon the Eastern a distinction must be made between the¡celebrotion of the lord's Supper or the principal liturgicol service of the Ward and ether denominational liturgicol services. A Cotholic is not ta oct os a Scripture reader or to preach at the Communion or principal service. (The same holds true for o minister at a Cotholic Moss.) At other services it is lawful to exercise sorne function with the previous permission of the bishop and the consent of the outhorities of the community concerned. ~AS for os olten dance at bath kinds of services is concerned, Cotholics are permitted to do ¡sa occosionally for reosons such as fomily unity, friendship, the desire to be belier informed, on ecumenical gathering and so forth. They may join in the responses of the congregation provided they ore not at variance with the Ca.tholic faith. The sa me princip/es govern the assistance of other Christians at a Cotholic liturgy. Such participation should lead ali to esteem the spirituel riches we have in common and at the sorne time make us more aware of the gravity of our separation. When toking port in services which do not coll for sacramental shoring, priests and ministers may by mutuel consent lake a place suitable to their dignity or position.


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14. When are Catholics ollowed to shore premises with other religious bodies? Since, os consecrated buildings, Catholic churches have an important liturgical significonce and a pedagogical value for inculcciting the meaning and spirit of worship, the rule is thot they are reserved for (athalie worship. Sharing them with other Christians or constructing new chvrches jointly with other Christians con be only by way of exception. If, however, the seporoted brethren have no place in which to carry out their religious rites properly

and with dignity, the local bishop may allow them the use of a Catholic building or church (Directory 1, n. 61). Becouse sharing with the Eastern brethren is ollowed for a reosonable cause, it is recommended thot with the approval of the bishop separated Eastern priests and communities be ollowed the use of Cotholic churches, buildings, and ether things necessary for their religious rites when they ask for if and have no place to fittingly celebrate their sacred functions. There moy be circumstances where for financial motives the shoring of church premises con become a matter of practical interest. The building of an interconfessional place of worship must be an exception and should answer real needs which cannat otherwise be met, for exemple, at an airport or a militory base. Authorities in Catholic schools and institutions should offer the dergy of separated Christians every focility, including the chape!, to offer spirituel and sacramental ministration to their own faithful in attendance. ln hospitals and similar places Catholic authorities should prompt/y notify ministers of other communions of the presence of their communicants and facilitate their pastoral core,

SACRAMENTAL SHARING 14. What is the position of the Catholic Church regarding intercommunion? There ore two princip/es which must be kept in mind. First, there is an intrinsic relationship between the mystery of the Church and the mystery of the Eucharist, between ecclesial and eucharistie communion. "Of its very nature, celebration of the Eucharist signifies the fullness of profession of faith and the full ness of ecclesial communion (Instruction on Admitting Other Christians to Eucharistie Communion in the Catholic Church IV, n. 1 ) . Second, "the EuchorĂŽst is for the boptized a spirituel food which enobles them to live with Christ's own life, to be incorporated more profoundly in him and shore more intense/y in the whole economy of the Mystery of Christ" (Note on lnterpreting the Instruction, n. 3b 1. The se two princip/es, the integrity of ecclesial communion and the good of seuls, must be sofeguarded simultaneously. "Nevertheless, since the sacraments are bath signs of unity and sources of grace, the Church con for adequate reasons allow occess"


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to a separoted brother {Diredory /, n. 55}. The first and dominant princi· pie need not be obscured if in porticular cases of serious spirituel need for the Eucharist which cannat be met through their own church, other Christians are odmitted to Catholic eucharist and communion. For a persan to be so admitted five conditions must be met simultaneously. (a) An individuel must manifest a faith in the sacrement in conformity with

thot of the Catholic Church; it is a faith not mere:y in the real preSence but a faith in the doctrine of the Eucharist as taught by the (athalie Church. ( b) There must be a serious spirituel need for the eucharistie sustenance; thot is, a "need for an increase in spirituel life and a need for a deeper involve· ment in the mystery of the Church and of ils unity" (Instruction IV, n. 2). ( c) For a prolonged period the individuel is unable ta have recourse to··a ministry of his own community. 1d 1 The non·Catholic Christian spontane· ously asks for the sacrement. Even an invitation could be a subtle form of pressure and roi se suspicions of proselytism. ( e) The individuel must hove proper dispositions and lead a life worthy of a Christian. 1t is pre· sumed thot the one requesting communion is doing sa in accord with his own conscience and the discipline of his own church. The Directory offers Iwo eKomples, oport from danger of death, when intercommunion would be permissible: those in prison and those suffering persecution. There are "ether cases of urgent necessity" which are not con· fined to circumstances of suffering and danger. lt does heppen thot Chris· tians ore scattered far from their ministers so thot they cannat have access to them except at great trouble and expense. The situation of migrant workers immediately cornes ta mind. ft is the respons_ibility of the local ordinary (the bishop) to examine these rare cases and ta decide whether the required conditions are met. The cases are to be examined individually. "Hence a general regulation cannat be issued which makes a category out of an exception al case" (Note on Interpretation n. 61. When, however, "particular cases present themselves fairly often in one region, following a recurrent pattern, episcopal con· ferences con issue some guiding princip/es for ascertaining thot oll the con· ditions are verified in particular cases'' (Note on Interpretation n. 6). "The question of reciprocity arises only with those Churches which have preserved the substance of the Euchorist, the Sacrement of Orders and apostolic succession" (Note on lnterprekition n. 9). "Hence o Cotholic in similar circumstances cannat osk for the Euchorist except from a minister who

hos been volidly ordained" (ibid.).

15. May Orthodox Christions be admitted lo the Eucharist? The norms regulating admission to the Eucharist in the Cotholic Church differ for Eastern Christian s. Si nee, through opostolic succession, the Oriental Churches have the true sacrements of the priesthood and the Eucharist so


ECUMENISM

341

thot there exists almost a total communion with the Catholic Church, the danger of obscuring the relationship between Eucharistie communion and ecclesial communion is to sorne extent reduced. A persona! declaration of faith in the sacrement will not be required of an Eastern Christian before admission to the Eucharist since he belongs to a community whose eucharistie faith is in conformity with thot of the Cotholic Church; this faith is laken for granted in an Orthodox Christian. Justifiable reasons for advising sacramental shoring are considerobly more extensive and concessions for sacramental communion must toke account of legitimote reciprocity"

1Note on Interpretation, n. 8). The Second Vatican Cou neil, in fact, declared thot sorne worship in common with the Eastern Churches is not only possible but is ''encouraged'' (Decree on Ecumenism, n. 15). Separated Eastern Christians, "if they are dghtly disposed and moke such request of their own accord, may be given the Sacrements of Penance, the Eucharist and the Anointing of the Sick. Moreover, Catholics also may ask for those sorne sacrements from non-Catholic ministers in whose church there are valid sacrements, as ofren as necessity or true spirituel beneftt recommends such action, and access ta a Catholic priest is physicolly or morally impossible" 1Decree on Eastern Churches, n. 27). ln addition ta cases of necessity there îs a reosonoble basîs for encouragîng sacramental sharing "if special circumstances make it moterially or morolly impossible over o long period for one of the faithful to receive the sacrements in his own Church, sa thot in effect he would be deprived without legitimote reoson of the spirituel fruit of the sacrements" 1Directory Il, n. 44). Concern for the theological position and sensitivities of the Eastern

Churches requires thot any adion taken ·be not unHoterol. Cotholk avthorities must not give permission for sacramental sharing "except after satisfactory consultations with the competent outhorities 1at leost local on es) of the seporated Oriental Church" ( Directory 1, n. 421. ln permitting sacramental sharing it is "fitting thot the greatest possible attention be given to reciprocity" ( Directory 1, n. 43).

16. What is the position of Orthodox bishops on sacramental sharing? ln May 1973 the Standiflg Conference of Canonical Orthodox Bishops in America took a firm position against any sacramental sharing. ln a docu·ment entitled Guidelines for Orthodox Christions in Ecumenical Relations the Conference permits the attendance of non-Orthodox at Orthodox liturgical services and the ottendance of Orthodox ot a non-Orthodox denominotionol service, but "it should be made absolutely clear, however, thal no communicatio in sacris is intended or implied by such attendance" 1Diakonia Vol. 9, p. 286). The bishops insist thot "unity in the faith and the active life of the community is a necessary precondition to sharing in the sacramenis of the Orthodox Church" (ibid. p. 289). The Eucharistie mystery is

l


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the end of unity, not a means to thot end; "the decisions regarding Holy Communion reoched by Christian bodies outside the Orthodox will have no signifkonce or validity for the Orthodox Church or her members. Holy Communion will not be sought by Orthodox Christians outside of the Church, nor will it be oflered to those who do not yet confess the Orthodox Church as their math er" (ibid. p, 289). This princip le has be en solemnly affirmed in bilateral conversations with Roman Catholics, Episcopolians, lutherons, and Reformed Christians. Since the prier approval of the local Orthodox

hierarchy is a necessary condition, intercommunion with the Orthodox is not yet permissible in the United States. 17. What is the attitude of the Catholic Church toward marriages with non-Catholics? Since the ideal of marricge is a "perfect union of mind and full corn· mun ion of life," the Church discourages mcrriage with those not of the sa me faith 1Apostolic Letter on Mixed Marriages). Cognizant of the naturel righi to merry and beget children, the Church does, however, make provision for a dispensation from the law so thot such marriages may legitimately take place. The Church recognizes an important distinction between marriag~ with another Christian and mcrriage with an unbaptized persan. The valid marriage of two Christians constitutes the Sacrement of Matrimony, whereas the marriage of a Christian with someone who is not. baptized does not. Still the Church does insist upon the sacred character of ali marriages as part of God's plan. 18. What is the effect of the Church law discouraging marriages with those who are not Catholic? For an adequate answer to this question two closely related matters of Church discipline must be considered. First, any marriage involving a bop· tized Catholic must, in arder to be vclid, lake place under the auspices of the Catholic Church. Thot is to say, the canonical form of marriage must • be observed. The canonical form requires thot the marriage vows be exchanged in the presence of on authorized Catholic priest or deacon, as the official representative of the Church, and two ether witnesses. An exception is provided in the law for marriages with an Eastern Christian and a dis· pensation from the canonical form of marriage may be obtOined in certain circumstances. Second, epart form any consideration of the cononical form, unless a dispensation from the law impeding marriage with a non.(atholic is obtoined, the morriage will be unlowful and also invalid in the case of an unbaptized persan. lt should be pointed out thot the Orthodox Church hos a more restrictive law. "To be in proper canonical and spirituel standing, an Orthodox Chris-


ECUMENISM

343

tian must be morried in the Orthodox Church" (Orthodox Guidelines IV, n. 1, p. 290 ). "ln the case of marrioges involving Orthodox and Roman Cotholic Christians, it should be noted thot the spirit of the Vatican Decree on the Eastern Churches recognizes the validity of the morrioge of the Cathclic party if performed in the Orthodox Church. Orthodox posters ore enjoined to coll this to the attention of Roman Cotholic officiais in arder thot

fewer misunderstandings arise and thot proper dispensation be secured" 1ibid. n. 11, p. 291). Even though the Votican decree recognizes the volidity of such a marrioge, it would be unlawful for a Catholic to proceed without the two dispensotions from the law prohibiting marrioge with a non·Cothalic Christian and from the law prescribing the canonicol form. 19. For what reasons will the Church grant dispensations for marriages with non·Catholics? From the law impeding marriages with non·Catholics a just cause is re· quired for a dispensation. A just cause would be any spirituel good of the foithful, such os a desire for a good marrioge, Pastoral rather thon cononicol reasons suffice. ln practice the just couse exists when the Iwo people are alreody in love. When there ore serious difficulties in observing the canonicol farm, a second dispensatian moy olso be given. Among the reosans worranting such a dispensotion the follawing have been suggested by the Americon bishops: "ta ochieve family hormony orto ovaid family alienation, to obtain parental agreement to the marriage, to recognize the signifkant daims of relationship or special friendship with a non·Catholic minister, to permit the morriage in a church thot has particulor importance ta the non-Catholic" (NCCB State~ ment on the lmplem2ntation of the Apostolic letler on Mixed Marriages, n. 10). The dispensation from the cononical form is ordinorily gronted in view of a proposed celebration of a religious marriage service, but in sorne exceptional circumstances, such as marrioge with a persan of the Jewish faith, a civil ceremony moy be envîsioned. ln any event o public form thot is civilly recognized for the celebration of marriage is reauired.

20. What Church authorities are competent to grant dispensations? The Ordinary !i.e. the bishop or his delegate) of the place where the Catholic party lives or is physicaHy present may in every instance dispense from the law prohibiting marrioge with non-Cotholics. The sorne Ordinary or the Ordinary of the place where the morrîage is to occur may dispense the Cotholic from the observance of the canonical form. A record of the marriage is ta be kepi in the office of the diocese granting the dispensation ond in the parish from which the request originated.


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2 T. What dispositions are necessary on the part of the couple before a dispensation to enter a mixed marriage may be given? To receive a dispensation to merry a non-Catholic, the Catholic party must make both a declaration and a promise. The declaration concerns one's faith in Christ and a determination to persevere in thot faith. lt is made in a simple formula ta this effect: "1 reoffirm my faith in Jesus Christ and, wîth God's help, intend to continue living thot faith in the Catholic Church." The promise refers to the religious upbringing of the children who may be born of the marrie ge. The Catholic undertokes the obligation in the following words or their equivalent: "1 promise to do ali in my power to shore the faith 1 have received with our children by having them baptized and rea red as Catholics." The promise must be understood in the context of respecting the relîgious convictions of the non-Catholic partner. Bath husband and wife are responsible for the education of the children and ""may by no means ignore it or any of the obligations connected with it" (Aposta lie Letter on Mixed Marriages). If there is to be peace in the home, the decision about the rearing of the children must be made jointly. ln good conscience the Catholic con sincerely offirm the influence of his faith on his role os a potentiel parent without dai ming to forecast the future.· The Catholic is not obligated to risk the marriage on the question. As long as the Catholic is prepared to do ali thot con be clone in the concrete circumstances, the dispensation may be granted. The non-Cotholic parly is not asked to make any commitment but must be informed before the marriage of the promise and the responsibility of the Catholic. The priest who submits the request for the dispensation from the law impeding marriage to a non-Catholic is ta certify thot the declaration and the promise have been mode by the Catholic and thot the nonCatholic has been informed about this fact.

22. ls it permitted to celebrate the morriage with both a Catholic and o nonCotholic ceremony? lt is not lawful to have a single service in which bath a Cotholic and o non-Catholic marriage rituel are celebrated jointly or. successively. There must not be Iwo separote services for the giving or renewing of consent. lt is permissible, however for o non-Catholic minister· to participate in the (athalie marriage service by giving additionol proyers, blessings, or words of greeting and exhortation. If the marriage is not in the context of a Eucharistie celebration, the minister may also be invited to read a lesson and preach. ln marriages celebroted with a dispensation from the canonical form, the priest, if he is invited, may act in similar fashion. Since there is not yet a unified Church, the marriage con only be celebrated in the one


KUMENISM

345

or the ether ta avoid confusion. The officiant will follow the liturgy of his own church. (The other clergyman will not shore in this action.) The presence together of bath ministers signifies to the couple thot while retoining full membership in their own churches, they receive the approval and support of the ether denomination. If bath parties ore baptized, the marrioge may be celebrated with a nuptial Moss. To the extent thot intercommunion is not allowed by the general discipline of the Church, it moy be more opportune to hove the ceremony outside Moss so os not to emphosize the difference in religion. 23. May a member of a separated community act as principal witness (best man, maid of honod in a Catholic marriage ceremony and may a Catholic fulfill thot function in a non-Catholic one? "The separated _brethren may act as 'official' witnesses at a Cotholic morrioge, and Cotholics at a morrioge which is properly celebroted between our seporoted brethren'' (Oirectory 1, n. 58). Catholics may not serve as witnesses where there is reason to believe thot the morrioge is involid, for example, when a divorced persan is involved. The Orthodox Guidelines prescribe: "As in the case of boptism and chrismation, the Sponsoring witness 1Best Man) at an Orthodox morrioge must be an Orthodox Christian. Non-Orthodox persans moy oct os witnesses, ushers or bridesmaids at the Orthodox ceremony. This applies to the Orthodox who moy wish to act as ottendonts at morrioges properly solemnized in other religious communions" ( Guidelines n. 10, p. 291). 24. May a member of a separated community act as godparent at a Cathclic baptism and, similarly, may a Catholic be a godparent in another church? A distinction must be made between members of the Eastern Churches and other seporoted communities. Because of "the olmost full communion" (Paul VI, Jan. 21, 1971) between the Cotholic and the Eastern Churches, it is lowful to hOve one godparent of the other faith, provided it is understood thot the duty of providing for the Christian P.riucntinn nf th'=' ht:"lrt!!"?d persan falls primarily on the godparent who belongs to the Church in which the individuel is baptized. lt is not permissible, however, for an exchange of a godparent with other seporated communities. The reason is thot a godparent not only assumes responsibility for the Christian upbringing of the one baptized but stands as a representative of a community of faith in sponsoring the faith of the candidate. ln view of a common faith in Christ, a Christian of onother communion because of fies of blood and friendship c'an be "admitted with a Catholic godporent as a Christian witness of the baptism" (Oirectory 1, n. 57). A (athalie con do the sorne for a member of o seporoted community.


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CHICAGO STUDIES

Again the Orthodox fol.low a more stringent policy. "Because the Sponsor or Godparent at a Baptism or Chrismation service participates liturgically and canonically in the sacrement and because he or she assumes the ob li ga~ tian ta provide for the Christian forrn"ation of the baptized as a representative of the Orthodox community of faith, standing as a sponsor for the faith of the candidate, members of communions ether thon the Orthodox Church may not act as sponsors in an Orthodox bOptismal or chrismation service. Conversely, Orthodox Christians may not act as sponsors in baptism or confirmation in non-Orthodox communions. Orthcdox priests should explain carefully to the faithful the evangelical and ecumenical reasons for this regulation so thot ali misunderstonding of il may be prevented. This regulation does not apply to friends or relatives who may wish merely to witness or to be present at such ceremonies" (Orthodox Guidelines Ill, n. 4, p. 2901.

25. What may be said about non-Catholics and the sacrement of Confirmation? Catholics may not act as sponsors at Confirmation in other Churches and, 5imilarly, separated brethren may not oct os sponsors at Confirmation in the Catholic Church. One who has been confirmed in an Eastern Church is not to be reconfirmed when received into full communion with the Catholic Church. ln the case of other Christions not validly confirmed, il is expected thot this sacrement will be administered as part of the rite of reception into full communion (to be treated laterl. 26. May priests officiate at the burial of non-Catholics and may they be buried in Catholic cemeteries? Those who are not Catholic moy be buried in a Catholic cemetery in arder not to separate members of the sorrie fomily who belong to different faiths or communions. On such occasions a clergyman of another faith moy conduct the burial service. If requested, o priest maY conduct a poralitur"gical service (i.e., nol one of the officia li y published rites) at the home, the funeral parler and the cemetery. lt is a tongstanding tradition of the Church thot Catholics ore t, be buried in Catholic cemeterĂŽes. This practice is bosed on belief in the dignity and the future resurrection. of the body and the recognition of the community of faith thot existed in life. For reasonable cause diocesan regulations often permit exceptions. ln such cases a priest of the parish is expected to conduct the liturgical buriol service. At _the invitation of the fomily he may bless the grave. A priest, if requested by the family or the presiding clergyman, is ollowed to offer proyers at the wake of a deceased member of a separated corn-


KUMENISM munion.

347

Reciprocally, o clergyman of onother den?min'1tion may offer

proyers of the wake of a Catholic.

27. May those who have chosen to have their bodies cremated receive Christian funeral rites? Although the Church insists on mointaining the procti-:e of burying the

bodies of the faithful, there is nothing intrinsically wrong or ':'lecessarily offensive to the Christian religion in cremation. lndeed, there may be situations which justify it. Those who chose cremation, therefore, need not be denied Christian burial unless they did so out of hostility to religion. The new Rite of Funerals provides thot the usual liturgy be carried out "but in a way thot does not hide the Church's preference for the custom of burying the dead in a grave or tomb, os the lord himself wished to be buried. ln the case of cremation any danger of scandol or confusion should be removed. The rites ordinarily performed at the cemetery çhopel or at the grave or Iomb moy be used in the cremotory building. If there is no other suitable place for the rites, they may be celebrated in the crematory hall itself, provided thot the danger of scandai and religious indifference is ovoided'' {Rite of Funerals, Praenotanda, n. 15). By insisting upon the Church's belief in immortality in the homily the priest will be safeguarding the position of the Church. The permission of the local bishop is not a necessary condition for the lawful choice of 1-femation.

28. What procedures are to be followed when a Christian of another de-

nomination is to be received into full communion with the Catholic Church? After a period of doctrinal and spirituel preparation, which must not be confused with the catechumenate, proof of previous baptism is ta be obtained either through a certificate or through the testimony of a reliable witness. The volidity of the baptism depends upon the use of the proper matter (water) and the Trinitarion formula. "Consideration should be given to the danger of involidity when boptism is odministered by sprinkling, especial· ly of severol p~npl~ nt Ol"'t::'!" !O!red~~ !, :-:. ~2). 0:-:!ï :f ~!-:c~.:; ii pï;.;d,;;;i doubt after a serious investigation concerning the fact or the validity of a baptism is the sacrement to be odministered conditionolly. The significonce and the reasons for administering conditional baptism are to be explained to the individuel and the rite is to be corried out occording to the private for m. When there is no reasonable doubt about boptism, a Christian is received into full communion with the Roman Cotholic Church through a professionof faith. 1No abjuration of errer or absolution from excommunication is required.) The reception is expected to take place within the Sun day eucharistie celebration, unless the candidate, for persona! or family reasons,


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CHICAGO STUDIES

prefers otherwise. Even then the reception is to be part of a eucharistie celebration with a small community. (Confession of sin is made beforehand.) At the reception the candidate is accompanied, if possible, by one or two sponsors who have been instrumental in bringing him into full communion or in preparing him for it. If for serious reasons the reception tokes place outside Moss, it should occur at least in the context of a liturgy of the Ward. The nomes of those received into full communion are to be recorded in a

special book; the date and place of baptism should also be noted. If the individuel being odmitted to full communion has not been validly confirmed, the sacrement of Confirmation is administered in the reception ceremony. lt is the office of the bishop to receive baptized Christions into full communion; but if he delegates a priest to do so, the priest has by law the" right to confirm the candidate during the rite of admission. The sacramental principle involved is thot the bishop's ministry of con-firmation is considered less important thon the full and integral celebration of the sacrements of initiation on a single occasion.


THE SACRAMENTS OF THE CHURCH* Frederick McManus INTRODUCTION

1. Have theological developments in the understanding of sacrements affected church discipline or pradice? An appreciation of s¡acraments as ritual signs has somewhat affected official usage, perhaps more in the style of liturgical celebration ( forms, texts,

symbols, etc.) thon in disciplinary regulations. Bath the Constitution on the Liturgy ( 1963) and the revised ritual books

11968-1973) of the Roman liturgy conta in a received and developed doctrine of the sacrements.

ln the Constitution on the Liturgy the eucharist is treated by itself. This was largely because the rite of celebration 1Order of Moss 1 wos clearly ready at the ti me for thoroughgoing reform in the light of extensive research and pastoral practice over several decades. The 1969 introduction to the Order of Moss (called the General Instruction) incorporated the teaching of the first and second chapters of the Constitution on the liturgy: liturgy as summit of the Church 's li fe and as source of its power to affect the Christian life; liturgy as God's sanctifying act as well as the cult offered to the Father by Christ and his members; li turgy as hierarchie and communal, educative and pastoral, involving the participation of the entire Christian community; eucharist as memorial and meal as weil as sacrifice and as celebration of ward and sacrement by the whole assembly. ln the third chapter of the Constitution on the liturgy, on the sacrements other thon the eucharist, prim acy is given to baptism ( with confirmation 1 os initiating the believer into the Christian mysteries or sacrements and culminoting in the eucharist. The sacrements are seen as signs of faith ( presupposing faith and also nourishing, strengthening, and expressing faith 1, as acts of cult os well os sources of grace, os ecclesial acts building up the Church, as symbols requiring comprehension on the part of believers. These principles are eloborated and specifiee! in the several introductions ( praenotanda) of the Roman Rituel. Without them neither the reforms nor the sacrements themselves ore reolly intelligible. So for as discipline or regulation is concerned, the 1917 Code of Canon • See also separate 1ections on Marriage and Orders, nat treated here.

349


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law was in part dependent upon the 1614 Roman Rituel for ils canons on the sacrements with the adaptations required by three centuries of proctice. ln 1925 the Roman Rituel incorporated the discipline of these canons. ln turn the revision of the Roman Rituel by decree of the Second Vatican Coun-

cil must now be incorporated into the recodification of the canons, a task now in process.

2. Where in the Church does the authority to make canonical regulations for the sacrements reside?

ln general the regulation or direction of the sacramental discipline resides in the local church unless the bishop's authority has been limited by the canari law or by reservation of authority. This is determined in the concilier decree on the pastoral office of bishops ( n. Sa), which a Iso recognizes the right of the bishop to dispense from the general law unless there is a reserva~ . tian . o~. the dispensing power to·a higher authority (n: Sb). With regard to the liturgical celebration of the sacrements, the norm un~ til 1963 was thot the regulation of the liturgy in the latin Church belonged exclusive! y to the Apostolic See (canon 1257); in al most ali matters the diocesan bishop had only the responsibility of enforcing the general law governing the liturgy. The Constitution on the liturgy altered this norm to say thot the governance of such matters belongs bath "to the Apostolic See and, as laws may determine, to the [local] bishop" ( n. 22, § 1). ln addition, the Council provided for the regulation of liturgical celebration within limits by the episcOpal conferences of the respective countries or regions ( n. 22, §21. ln practice, most papal documents on sacrements and the like·specify bread creas of competence held by the bishops' conferences.

3. How are the permissible limits of liturgical adaptation and innovation determined? To adapt the rites of sacrements means to alter the pattern, text, style, or form of their celebration by addition, omission, variation. To innovate is also to adapt, but it may meon to creole rites without precedent or orgonic continuity. Change or variation beyond the terms of the official liturgical books (sacramentary, lectionary, rituel, etc. for the sacrements) was explicitly prohibited in the Constitution on the liturgy: "No other persan [but the Roman pontiff, the diocesan bishop, or the conference of bishops], even if he be a priest, may add, remove, or change-anything in the liturgy ori' hiS ~wn authority" ( n. 22, §3). On the ether hand, the service books themselves cantoin extensive variations and options to be chosen at the discretion of the minister who presides over the sacramental celebration. Moreover, the introduction ( praenotanda) of each book liSts adaptations which fol! within the competence of the local bishop or, more often, the (national) conference of bishops.


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351

The adaptations of rites which are directly mentioned in the service books are considered mi nor ( n. 38-39). More radical changes, proposed by the episcopal conference after study and a period of trial or experiment, require the consent of the Apostolic See before being put into general use (n.

40).

4. Are there general regulations for the celebration of ali sacrements? ln attempting to recodify church legislation on the sacrements, the commission of revision has proposed a formulation of the present discipline on severa! points: ( 1 l With sorne exceptions, the Catholic ministers may give the sacrements only ta Catholics, and Catholics may lawfully receive sacraments only from them. ln case of necessity or spirituel benefit Catholics who cannat approach a Catholic minister may receive penance, eucharist, and anointing in other churches which have on authentic celebration of these sacrements. The se sacrements (but not baptism, a part from necessity, confirmation, arder, or matrimony) may be ministered to non-Catholic Eastern Christians. ln the case of other Christians, the sorne holds true if they cannat approach their own minister and if they have the Catholic faith in the sacrements. For such non-Cotholic Christians, however, this ministry is permitted only in danger of death or other serious need, to be judged by the episcopal conference or the local Ordinary. This summory, based on the extensive directory issued in 1967 by the Secretariat for Christian Unity, reflects the concilier decision on sacramental and ether liturgical shoring; the decree on ecumenism leaves the procticol determination at the dioceson bishop. Sharing in worship "depends chiefly on Iwo principles: the unity of the Church which is signified and participation in the means of grace. The fact thot i! signifies unity generally rules out sharing in worship; the grace to be goined sometimes commends it. The concrete course of action, in view of ali the circumstances of time, place, and persans, is left to the prudent decision of the local episcopal authority, unless the conference of bishops, according to ifs statutes, or the Holy See has determined otherwise" { n. 8). ( 2) The sacrements of baptism, confirmation and orders 1the "charocter" sacrements) may not be repeated. If there is a prudent doubt whether they were celebrated validly, they are to be judged os not hoving been conferred -so thot they moy th en be conferred .. 13) So far os possible sacrements should be celebroted with the active participation of the Christian community: they are actions of the Church. The rites and ceremonies of the approved liturgical books are to be observed carefully-following the proper rite of the minister. (4) The minister of a sacrement may not require or request, directly or indirectly, any compensation for his ministry, no matter what the reason or


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CHICAGO STUDIES

the occasion. The customory stole fees are to be determined by the provincial council or conference of bishops. The customary stipends for the eucharistie celebration are determined separately. CHRISTIAN INITIATION

S. ln what sense are the sacrements of initiation integrated? The fundamental pattern of Christian initiation is thot, after a period of formation known as cotechumenate ( below), a persan receives the sacrements of baptism, confirmation, and eucharist during the annuel celebration

of the Easter Vigil. Since most Christians are baptized shortly ofter birth, with confirmation and eucharist postponed for sorne yeors, the ordinary pattern is exceptio~~l in pr:.actice--but ~xemplary in principle. Even when boptism is not completed by confirmation itself ( then the post-baptismal anointing replaces confirmation l or the sequence of confirmation and eucharist is reversed, the significance of the full initiation into the Christian mysteries is retoined: at corifirmotion, the ¡baptism is renewed and reoffirmed and the confirmation rite leads ta eucharistie communion. The doctrine of Christian initiation is summed up in the Roman Ritual: "1. Through the sacraments of Christian initiation men and y.tomen are freed from the power of darkness. With Christ they die, are buried and rise again. They receive the Spirit of adoption which makes them God's sons¡ and daughters and, with the entire people of Gad, they celebrate the memorial of the lord's deoth and resurrection. "2. Through baptism men and women are incorporated into Christ. They are formed into God's people, and they obtain forgiveness of ali their sins. They are raised from their naturel human condition to the dignity of adopted children. They become a new creation through water and the Holy Spirit. Hence they ore colled, and ore indeed, the children of Gad. "Signed with the gift of the Spirit in confirmation, Christians more perfectly become the image of their Lord and are fllled with the Holy Spirit. They beor witness to him before ali the world and eogerly work for the building up of the body of Christ. "Finolly they come to the table of#the euchorist, to eat the flesh and drink the blood of the Son of Mon sa thot they may have eternel life and show forth the unity of God's people. By offering themselves with Christ, they shore in his universel sacrifice: the entire community of the redeemed is offered to Gad by their high priest. They pray for o greater outpouring of the Holy Spirit so thot the whole human roce may be brought into the unity of God's family. "Thus the three sacrements of Christian initiation close/y combine ta bring the foithful to the full stature of Christ and to enable them to carry out the


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mission of the entire people of God in the Church and m the world" (ICEL translation of general praenotanda).

6. What is the canonical discipline of the restored catechumenate? A partial attempt was made in 1962 to revive the liturgical celebration of the period of catechumenat~by dividing the baptismal dte into ifs corn¡ panent sections and carrying them out at successive stages of Christian forma¡ tian. ln 1963 the Second Vatican Council redefined the catechumenate os "a ti me of suitable formation [i.e., not merely instruction] ... sanctifred by sacred rites to be celebrated at successive intervals" and decreed its complete restoration for use according to the judgment of the local Ordinary. Since the periods of lime during which the convert from unbelief is to be prepared and formed by the local Christian community 1after he or she has manifested Christian faith and the desire to be initioted) moy vary from months to several yeors, it is for the bishop to establish, direct, and encourage the pastoral formation of candidates within the parish or other community. Toward the end of the catechumenote, it is for the bishop to admit them to the Church's "election" or choice lordinarily at the beginning of lent} and finally to the sacrements of initiation (ordinarily on Easter night during the vigil). After a period of precatechumenate, evangelization, and inquiry, if this is appropriate, the rite of admission to the catechumenate is celebrated; this is the point of initial conversion to Christian faith. lt is to be followed by a protracted period of formation, exact length to be determined according ta circumstances by the bishop or the episcopal conference. The next stage (colled purification or enlightenment) properly begins on the first Sunday of Lent when the catechumens are chosen by the Church in a rite of "election." This begins the period of intense spirituel preparation for sacramental initiation into the mysteries of boptism, confirmation, and euchorist at Easter. ln the following weeks the community joins with the neophytes in a deeper catechesis and understanding of the poschal mystery. The revised rituel describes in brood terms the respective offices and ministries during the catechumenate: for the people of the local church to shore in the catechumens' growth in faith, for the sponsors, the bishop (obove) or his delegote, priests, deocons, and catechists (Order of Christian Initiation of Adults, n. 41-48). lt a Iso provides norms governing the oppropriete times for the stages of the cotechumenate, with necesesary exceptions 1extra tempera) which may occur ( n. 50-621.

7. What are the principal ministries in the sacrements of initiation? To begin with, there is the ministry of the members of the local church, not only parents, sponsors, and relatives, friends, but also representatives


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of the wh ole community ( above 1. Special raies be long to catechists and ethers who assist in preporing catechumens and the parents of young children for boptism.

The ordinary ministers of baptism are bishops, priests, and deacons. Bishops are the original ministers of confirmation, but priests who baptize adults and children who have reached the age of catechetical formation may olso conflrm them. The responsibility of preporing and baptizing odult catechumens and the parents and godparents of children belongs ordinarily to the parish priest, with the help of other priests, deacons, cotechists, and other lay persans. ln the absence of a priest or deacon, when the danger of death is present and especiolly at the moment of deoth, any member of the foithful 1or even a persan who has the requisite intention) moy and indeed must administer baptism, preferobly in the presence of a small community or at leest, if possible, one or ether witness. Porish priests, deacons, and catechists should instruct parents, catechists, doctors, midwives, nurses, social workers, etc. in the manner of baptizing.

8. What are the role and responsibilities of sponsors in the Christian initiation of believers? The sponsor is a member of the Christian community who assists the one to be baptized in preparation for the mysteries of initiation and lofer helps the neophyte to persevere in the Christian faith and life. ln the case of a child to be baptized, the sponsor's role is secondary to thot of the parents but together with them he or she professes the Church's faith in which the child is baptized. The sponsor or godparent is chosen by the one ta be baptized or, in the case of a child, by the family. He or she should have, in the judgment of the, poster, the following qualifications: 1a) .sufficiently mature; 1b 1 olready initioted as a Christian lby baptism, confirmation, and the euchorist; {cJ mefnber of the Catholic Church~ not prohibited by law from serving as a sponsor. Even when Christian initiation is completed by confirmation and the eucharist only severcl years ofter baptism, the seme sponsor should serve at confirmation, if possible, so thot his or her continuing responsibility and the unity of the sacrements of initiation may be evident 1below). A boptized persan who belongs to o separated church or ecclesiostical community may be admitted, along with o Catholic sponsor, as a sponsor 1if he or' she is a Christian from an Eastern Church not in full communion 1 or as a Christian witness. The primary responsibility for the boptism and Christian formation of children belongs to the parents rather thon the sponsor or sponsors 1each child may have a godfather and a godmother ). For this reoson the fuller role is given to the parents in the li~urgical celebration, and it is they who are

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SACRAMENTS

to be prepored for the Christian initiation of their child by the postor with the help of other members of the community.

ln sorne circumstances the

boptism of a child may be postponed until they are ready to profess the faith and undertoke the responsibility of the Christian upbringing of the

child ( below 1. 9. What changes are there for the reception of baptized Christians of onother communion into full communion with the Catholic Church? · No longer ca lied reception of converts (si nee this expression is properly used for converts from unbelief not for those who are alreody believing Christians), this practice has been reformed by the Oirectory on Ecumenism (1967) and by the regulations tou nd in the oppendîx to the Order of Chris-· tian Initiation of Adults ( 19721. lt is, however, in no sense a catechumenate (the process of introduction into the community of faith as the new believer is readied for sacramental initiation 1. Whatever spirituel and doctrinal preparation is needed for the already baptized differs radically from the catechumenate. "Any confusion between catechumens and [ alreody baptized 1 candidates for full communion should be absolutely avoided." lt is the bishop's responsibility to receive baptized Christions into full communion, but he may entrust this office to a priest (who in this case confirms the candidate as part of the liturgical reception into communion 1. Eastern Christians entering into full Catholic communion need only moke a simple profession of faith. (On\y after recourse to the Apostolic See may they enter the Latin rite.) ln other cases the admission consists of the profession of faith, ordinarily with the Cotholic community os a port of the eucharistie celebration, followed by confirmation ( if the persan has not been confirmed in his or her own church), and dimaxed by eucharistie communion for the first time with the Catholic community. No abjuration of heresy is required upon the reception of a persan born and boptized outside the visible communion of the Cotholîc Church, nor ore they to be obsolved from any penalty of excommunication. ln these cases, moreover, since baptism may never be repeated, conditional baptism is not permitted "unless there is a reasonable doubt about the foct or validity of the baptism olready received. If after serious investigation it seems necessary-becouse of such reasonable doubt-to confer boptism conditionolly, the minister should corefully exploin beforehond the reasons ... , and he should odminister it in the private form." The local Ordinary determines whot rites ore to be induded or exc\uded in such a conditianol boptism.

10. How saon should children be boptized alter birth? The revised Roman Rituel, bath in its section on the baptism of children and its fuller section on the initiation of odults, mokes if cleor thot the

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chifd of a Christian and Catholic family is to be received înto the Christian community by boptism, although in the Latin Church conflrmatiori and euchorist are not received until lofer. The parents or those who lake their place must be able to profess the faith and to undertake the Christian upbringing of the child. The ri tuai stresses in ifs introduction ( n. 4-5) the love and help which the local believing community should give to the children, their parents, ond fomilîes bath béfore and after the sacramental celebration. Although the adult convert loo must receive the help of the community to grow in faith

and love after initiation, the Christian formation of the child after boptism -especiolly within the smaller community of the family but with the support of the local congregation of the faithful and ifs ministers--covers a longer period of childhood and adolescence. During this lime children and young people grow to a deeper and deeper commitment to the Christian faith of the Church in which they were boptized. The ecclesial dimension of the boptism of children is ritually expressed in the rite of baptism of infants which was newly created ( 1969) by decree of the Second Vatican Cou neil. (Constitution on the liturgy, n. 671. This is clone especially by provision for the communal baptism of the children of the parîsh at the Easter Vigil or on o Sunday. If the child of a Catholic family is in danger of death, he or she should be baptized without delay; the rituol gives a rite for this purpose, to be followed in the absence of a priest or deacon-or even by a priest or deacon in case of necessity. Such a child should be confirmed olso if the minister of boptism is a priest. loter o chîld who survives should be brought to the porish church to be welcomed and received into the local community of Christians. Apart from this case, the celebration of baptism should take place within the first weeks after birth. The parents ore to arrange for the oppropriate preparation as saon as possible, preferably before the child's birth. Episcopal conferences, however, may set a lorger intervol between birth and baptism fer serious pastoral reasons. /t fs for the porish priest to set the time for the baptism of children whose parents are not yet ready ta profess the faith or to undertake responsibility for the Christian upbringing of the child.

11. What is the appropriate place for the celebration of bop1ism? Ordinarily, baptism should be celebrated in the parish church (which mu~t have a baptismal font} in arder to show thot baptism is the sacrement of the Church's faith and of entrance into God's people. If the bishop, after consulting with the porish priest, permits or requires thot there be a second baptismal font in another church or public oratory within the parish, it is ordinarily the parish priest's responsibility to celebrate boptism there.


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Only in danger of death may baptism be celebrated in a private home. Only in case of necessity or other compelling pastoral reason may baptism be celebroted in hospitals.

CONFIRMATION 12. What are the sacramental requisites for the rite of confirmation? The minimal requirements, new/y determined by Paul VI in 1971, for this sacrement ore "the onointing with chrism l blessed by the bishop] on the foreheod, which is done by the [physicol] laying on of the hand [actually, of the righi thumb], and through the words, 'Be sealed with the gift of the Holy Spirit.' " The "integral perfection of the rite and a c\earer understanding of the sacroment," however, demand the explicit biblical gesture of laying on of hands which accompanies the proyer before the anointing. And the concilier decree, thot the intimate conneclion of confirmation with the whole of Christian initiation 1even when the sacrement is postponed for yeors after baptism) should be clarifie~, is achieved in the revised ri tuai -especiolly by preceding confirmation wĂŽth the renewal of baptismal promises and following it by the eucharist.

13. What is the appropriate age for confirmation? The most direct answer is thot, since confirmation is complementary to baptism, the sacrement should be celebroted together with baptism ond before the f\rst sharing in eucharistie communion. ln effect, this means thot the age for confirmation is the sorne os for baptism. The norm is applicable in the case of (a) children who have reached an age when they are able to receive catechetical instruction, (b) infants and children who are

in danger of deoth, and le) ali odulls-cs weil cs infants in the Eastern Churches. Th~ question, however, is more complicated. Most of the latin Church does not follow the proctice of confirming young children, and confirmation is "generolly postponed until about the seventh year." This too hos to be quolified: since 1971 the common law has permitted a further postponement, even a ft er first eucharistie communion: "For pastoral reosons, especiolly to strengthen in the life of the faithful complete obedience to Christ the Lord in loyal testimony to him, episcopal conferences moy choose an age which seems more appropriote, so thot the sacrement is conferred after appropriate formation of a more mature age." ln the United States this decision has been transferred by the episcopal conferences to the local churches, so thot the age may be determined by the dioceson bishop or by

diocescn usage-generally the age is from 10 or Il to 13 ar 14. The requisites of state of grace, proper instruction, and obility to renew one's baptismal promises apply in the case wl1en the person has reached the age of reason.


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14. What ministries are involved in confirmation? 1n the preparation and celebration of the sacrement the who le Christian community has a part, according to the revised pontifical, with special responsibility for posters and catechists, families and friends, parents and sponsors. These responsibilities differ according to the age and situation of the one to be baptized. The introduction ta the Rite of Confirmation spells out in detail the appropriote catechetical preparation for the sacrement. There should ordinarily be a sponsor for each one to be confirmed. This sponsor is to help the confirmed Christian in fulfilling his or her baptismal commitment under the influence of the Holy Spirit. Even when confirmation is celebrated long after baptism, it is desirable thot the godporent at baptism be the sponsor of confirmation-ta express the relationship of the sacrements. (Exceptions, dependent on diocesan policy, may be made, and even the parents may present their children for confirmation.) The sponsor, chosen by the one to be confirmed or by his or her family, must be sufficiently mature for the responsibility and must of course have been initiated in the Christian mysteries of baptism, confirmation, and eucharist. More specifie requirements may be newly determined in the revision of the canon law, porticularly the continued exclusion of those under censure from this office.

1 S. Who may minister the sacrement? ln the latin Church the "original minister" of confirmation is the bishop, certainly in the sense thot the bishop hos traditionolly presided over the rites of Christian initiation and confirmed the newly baptized. Priests who ore not ordoined bishops but who exercise a similar ministry ( apostolic administrators, prelates and abbots nullius, vicars and prefects apostolic, vicars copitulars or administrators) may also confirm within their territories. Ali priests who in the exercise of their pastoral office, baptize an odult Or a child old enough for cotechesis olso minister the sacrement of confirmation to complete the baptismal rite. Thus the integrity of Christian initiation is respected even when the bishop does not boptize adults. The sorne holds rrue of priests who admit persans who ore olreody baptized into full communion with the Cotholic Church, occording to the rituel provided. Finally, the canon law concedes the faculty to confirm (epart from boptism or admission to full communion 1 in cases of danger of death, if no bishop is readily available, to the following priests: posters and porish vicors; in their absence, porish ossociotes; those in charge of special porishes lawfully established; administrotors; substitutes; assistants; in the absence of the preceding, ony priest who is not under censure or canonical penalty. lt is the minister's responsibility to see thot the reception of confirmation is properly recorded and, if the place of confirmation is different from thot /


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of baptism, ta notify the parish of baptism for odditionol recording there. Moreover, the newly conflrmed person's poster should be notified, if he is not present for confirmation.

16. Does the concelebration of the sacrement have different canonical

effe<ts? No, the law simply suggests thot, when there is genuine need and special rea son such as the large number of candidates, the minister (bishop or priest) moy ossociate ether priests with hi rn as ministers of the sacrement. The se priests jo in ( silently 1 in the corn mon laying on of hands and th en anoint those who are to be confirmed. lt is necessory thot such associote or concelebroting ministers have a special off1ce or function in the diocese ( vicor general, episcopal vi cor or delegote, district or regional vicars, at hers with equivalent offices by mandate of th~ bishop). Alternotively, the minister may designate the local pastor, the posters of those to be conflrmed, or priests who hove had a special role in the catechetical preparation of the candidates.

THE HOL Y EUCHARIST 17. Who are the ministers of the eucharist? As with the other sacrements, the cononical treatment of offices and ministries properly begins with the responsibility of ail the members of the Church "to toke his or her own part according to the diversity or orders and functions." Then the responsibility of the ordoined minister is defrned: "Every outhentic celebration of the eucharist is directed by the bishop, either in persan or through the presbyters who are his helpers" !General Instruction of the Roman Missel, n. 59). The ordoined deacon exercises the first of the o:her special ministries at the eucharistie celebration (lay acolytes and readers, servers, sin gers, etc.) . The priest (bishop or presbyter) who presides os "celebrant" of the euchorist may have other 1bishops and) presbyters joined with him os concelebrants. ln the projected reyision of the Code of Canon Law for the Latin Church, the development of rituel concelebration si nee 1963 1th en limited, at the bishop's discretion, to the single doily Moss of a parish or other community and prescribed only on certain occasions such os Holy Thursdoy evening) is reflected: concelebration is appropriate or permitted provided it does not interfere with the pastoral needs of the people (for exemple, by limiting the times when people may conveniently take part in the eucharist). Priests ret ain the right to celebrate the eucharist individually, but such Masses may not take place in a church or oratory where the eucharist is being concelebrated. Ali priests, moreaver, ore urged to celebroie the eucharist daily; they are bound ta celebrote severa! times a year.


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The law of the celebret remains in effect,. although the letter attesting ·ta the priest's ordination and good standing is less frequently asked for in many places. The extern priest who Jacks a celebret moy be admitted to celebration by the rector of the church if his good character is evident. Priests may ordinorily preside or celebrate only once a day except when the liturgical books mok~ special provision (for exemple, at Easter) or when

the priest, having celebrated with a congregation of the people, also con~ celebrates wîth the bishop or his delegote on the occasion of a synod, pas~ tarai visitation, or meeting of priests. ln addition, it is planned in the revision of the Code of Cànon Law to simplify the norm for a second or third celebration ( brination or tri nation) on Sundays and feosts of precept in view of pastoral need. This will be left to the discretion of priests. ln the meantime concessions of this kind are made by the local Ordinary. Bishops, priests, and deacons are the ministers of eucharistie communion bath during Moss and epart from Moss. If they ore not ovoiloble or if they ore impeded {by sickness, old age, or pastoral ministry or when the numbers of communicants ore lorge and the service is unreosonobly protracted), on acolyte moy serve as a special or assistant minister of the sacra ment ( minister extroordinarius). Others, even though not instituted os acolytes, may also be given the faculty to minis ter communion by the local Ordinary or, on a partîcu[ar occasion when tru[y nEcessary, moy be designated as ministers of communion by the priest who presides at the eucharist. The ordinary ministers of the eucharist as viaticum ore the poster and his assistants, the priest who cores for the sick in hospitals, and the superior of clerical religious institutes. ln the case of necessity any other priest (with at least the presumed consent of one of the obove) may minister viaticum. 18. What is the canonical obligation of participating in the celebration of Moss on Sundays and holy days? The precept expressed in ça nans 1247-1248 of the .Code of Canon Law remains unchanged, except thot the feast days of obligation-in addition to Sundays-vary greatly from country to country, according to the determination of the respective conference of bishops. The canons, os is usuel, do not specify the excvsing couses, degree of gravity, etc. lt is for the diocesan bishop to determine whether the Sunday Moss may be anticipated the !lreceding evening for the purpose of satisfying the precept of sharing in the Sundoy eucharist. lt is important in these circumstances thot the eucharist be understood as strengthening and not weokening the concept of the Lord's day as memorial of the resurrection. The same holds true of the anticipation of a festal Moss in the evening preceding a holyday of precept. For ali proctical purposes the restriction of place of celebration (for pur-


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poses of the Sunday and feostday precept) in canon 1249 is obsolete, unless if is dear thot the Apostolic See has ex:cluded eucharistie celebrations in seme particular circumstances (house oratory, for exemple) from fulfill-

ment of the precept. 19. Whot are the requirements for first eucharistie communion? ln the latin Church children must have sufficient knowledge of the sacrament beforc bcing admitted to communion. This meons thot they should

be instructed at leest in the "mysteries of faith necessary for salvation," depending on their copability. Judgment concerning the child's preparation belongs to the confesser and the parents or guardians, but the poster has the twofold dufy of seeing thot unprepared children do not come to communion and thot ali who are ready receive communion as saon as possible. If a child is in danger of death, it is enough thot he or she be able to distinguish the eucharist from ordinary food and to adore it reverently. (Again, this is a requirement only in the Latin Church.) lt is when the Christian reoches the age of discretion or use of reason thot he or she is obliged by the (minimal) law of Eoster communion: to receive the eucharist once a year, namely, during the Eoster season. The precept continues, if unfulfilled, ofter the Easter season is over. Although the confession of sins and sacramental absolution ore not prerequisites for first communion, in recent yeors efforts have been made by the Apostolic See to reinstitute the practice of preparation for the sacrement of penance in the period prior to first communion. Children are not obliged to confess their sins before first receiving communion ( unless they should be conscious of morfal sin), but their catechetical preparation for penance ¡ should not be delayed and they should have every opportunity to confess. 20. How often may communion be receivecl on a given day?

Ordinarily the eucharist may be received only once a day. The several exceptions to this norm, permitting the second reception of communion at a distind eucharistie celebration 1funeral Masses, ri tuai Masses, MoSs of a congress or pilgrimoge, etc.) will be summarized in the proejcted revision in these terms: "One who has received the euchorist once may not receive it again epart from the eucharistie celebration nor even during Moss unless he or she portici potes in a eucharist celebroted with sorne solemnity." The precept of receiving the eucharist as viaticum does not oblige one to receive communion a second time on a single day, but it is strongly recommended. This norm is in harmony with the restored appreciation of the eucharist as the ultimote sacra ment of the Christian lite and the vioticum or food for the passage from death to life; it olso reflects the development by which¡ the extreme or last anointing hos become ogoin "the onointing of the sick," at the beginning of dangerous ill ness rather thon after viaticum~


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21 . What is the current norm for the eucharistie fast? The traditional preparation for communion by way of fast (from the

preceding midnight) has been gradually reduced in ex te nt sin ce 1953. Apart from danger of death, the ordinary norm is thot communicants should fast from food and drink ( except woter) for a period of one hour before communion.

A briefer period of eucharistie fast, about a quarter of an hour, applies to the sick (even if not confined to bed); to th ose advonced in age who are confined to their homes or the like; to sick and elderly priests (whether they celebrate or receive communion); and to the families and those who

core for the sick and aged, if they wish to receive communion with them and cannat conveniently observe the full eucharistie fast of an hour. This rule for the communicants is in addition to the required spirituel predisposition of a pure conscience. "No one who is conscious of morfal sin, even though he seems to be contrite, may go to the holy eucharist without previous sacramental confession" except in urgent necessity and if no confesser is available. ln such a case the communicant is first "to make an act of perfect contrition with the intention of confessing his or her morfal sins at the proper lime." The publicly unworthy are to be excluded from communion until they have repented and removed any scandai. If the unworthiness of a cornmunicant is not known publicly and he presents himself, he should be given ' communion to avoid scandai. 22. What are the ecclesiastical norms for the eucharistie elements? The bread for the eucharist must be made from wheat, according to the tradition of the Church. ln the Latin Church, the bread must be unleavened. Even though traditional in form, the pread should have the appearance of naturel food and be made so thot it may be broken and distributed to the faithful-or at least sorne of them-to manifest the eucharist as the sharing of the one loaf. Small breads may be used when the numbers of communic"ants are large. The wine for the eucharist must be naturel and pure, from the fruit;.--of the vine, not mixed with any foreign substance. ¡"" "Core must be laken thot the elements be kept in good condition, so thot the wine does not sour or the bread spoil or become too hard to be easily broken" (General Instruction of the Roman Missel, n. 285). The limited restorotion of communion under bath kinds by force of the Constitution on the Liturgy ( n. 55) has be en gradually extended to cover almost ali circumstances. A lengthy list of such instances of communion from the eup (or in an alternative mode of communion under both kinds) is given in the General Instruction of the Roman Missel { n. 242), and this is further extended, for the dioceSes of the United States, by decree of the


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National Conference of Catholic Bishops (1970; appended to the General Instruction in The Sacramentary). Communion as vioticum should be given under bath kinds. A sick persan-and not merely one who is dying-may receive communion under the form of wine clone, if he or she is unoble .ta receive under the form

of breod. Ali these norms are intended to make the eucharistie signs more authentic and effective, from the shoring in the one loaf thal is broken to the more evident fulfillment of the Lord's command to eat and drink.

23. What are the limitations of lime and place for the celebration of the eucharistie sacrifice? The eucharist is ordinarily celebrated in a church or other sacred place; it is desirable thot churches be solemnly dedicated to their purpose. Permission for the celebration of Moss in other suitable places is given by the local Ordinary. ln a sacred place the euchorist should be celebrated at an alter, either fixed or movable. Elsewhere a suitable table may be used, but always with a elath and corporal. ¡ The restrictions affecting the time of day for the eucharistie celebration have been effectively suppressed, apart from the liturgicol laws for such deys os Holy Thursday 1Moss of the lord's Supper in the evening) and Holy Saturday 1no eucharistie celebration unless the Easter Moss is anticipated in the evening).

24. When may communion be given apart from Moss? Although every encouragement should be given to the reception of communion during the eucharistie celebration, there are no restrictions on the time of day when communion may be ministered even epart from Moss. The convenience of the people should be considered and provision made for the full rite 1penitentiel act, celebration of the ward) on such occasions. On Holy Thursday and Good Friday the sacrement may be ministered only during the eucharist or the liturgical celebration, respectively; communion may be taken to the sick at other times on these days. On Holy Soturday, hawever, only viaticum may be ministered. ln this way the venerable tradition of the single euchorist of a cammunity is maintained at ieast on the principal days of the church year. 25. How has the canon law conceming eucharistie exposition and benedidion changed?

"So far as protracted exposition o"f the eucharist is concerned, this is recommended os on annuel celebration in churches where the sacrement is


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CHICAGO STUDIES

regularly reserved. The consent of the local Ordinary is required, and the exposition may take place only if the participation of sufficient numbers of persans is anticipated. The local Ordinory may olso require this kind of lengthy exposition for a grave, general necessity. Brief expositions of the eucharist ore to be of sufficient length to permit reodings of the ward of God, sangs, proyers, and silent proyer; exposition exclusively for the purpose of giving eucharistie benediction is prohibĂŽted. ft is for the local Ordinary to determine the suitability of eucharistie processions in contemporary circumstances. ft is desirable to mointain the tradition of the Corpus Christi procession, in accord with the local Ordinary's regulations; if it cannet be held, sorne ether eucharistie celebration is oppropriete. The ministers of eucharistie exposition and benediction are bishops, priests, and deacons. If a bishop, priest, or deacon is not present or is otherwise impeded, an f instituted) acolyte or ether special minis ter of communion lminister extraordinarius) moy expose and repose the holy eucharist without benediction. ln addition, the local Ordinary may depute for this purpose a member of a religious community or lay association which is dedicated to eucharistie adoration.

26. Has the law on Mass stipends changed? The traditional usage which permits the priest celebrant (or a concelebrating priest) to receive a stipend if he makes a particular intention or application of the Moss at a donor's request remains in effect. Although the stipend creoles a contractuel obligation on the part of the priest, it has b"een variously explained {as a contribution to the support of the priest, os an offering to Gad in which the ministers of the oltar shore, etc.}. The practice has been weakened by the greater attention poid ta the offerings of ali who participate in the euchorist ( "money or gifts for the poor and the Church.") PENANCE

27. Does the sacramental discipline of penance reflect the social 1 ecclesial dimension of reconciliation? The effort to make the liturgical celebration of this sacrement express its nature and purpose better has moved in the direction of "reconciliation with Gad and the Church." This is seen in the externats of the rite of auricular confession ( induding the revised form 1, in the communal celebration of the sacrement even with individuel confession and absolution, and above ali in the communal rite of general sacramental reconciliation ( below). Even more important is the restoration of biblical insights of conversion, of heart and life and reconciliation itself, with less emphasis upon th~ still


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necessary judgment rendered by the minister of the Church. This is accom-

panied by new demands for pastoral counseling, freer interchonge between minister and penitents, and more profound cotechesis concerning penance and its sacramental manifestation. ~8. What are the conditi_ons. fo~..th.e ce!e.bration of general sacramental rec'citîciliation?'_,, ' · ··· _, · ·

There is a certain conflict between the ordinary demands of integral confession of grave sins, possible only in auricular confession, and the pastoral, ecclesial, and indeed traditional values of general or generic confession in the Christian assembly, followed by common reconciliation or absolution. The conflict has been resolved in the following way-apart from emergency situations which a/ways permit general sacramental absolution. First, the 1973 rituel for penance, issued by Paul VI at the mandate of Vatican Il, gives a complete rite for reconciliation of a group without individuel confessions and with general sacramental absolution. This rite satisfies no. 72 of the Constitution on the liturgy, expressing the public, social, and e<:clesial nature and eflects of the sacrement. lt includes a full proclamation of proise of God's mercy through the death and resurrection of Jesus. The use of the rite, however, is limited-and the tradition of individuel, integral confession .is protected-by carefully drawn conditions. Their application in the local church is left to the bishop as moderator of penitentiel discipline; he is to consult ether bishops of the episcopal conference. If a situation of serious need is not covered by dioceson regulations, the priest is to have recourse to the local Ordinary beforehond in order ta celebrate the sacrement lawfully; if this recourse is not possible, the priest is to inform the local Ordinary afterwards. The "particular, occosional circumstonces" which permit or even require the celebration of general sacramental celebration are carefully descibed in the law: "a grave need, nome/y, when, in view of the number of penitents, sufficient confessors are not available to hear individuel confessions properly within a sui table period of ti me, so thot the penitents would, through no fouit of their own, have to go without sacramental grace [i.e., the grace of the sacrement of penon ce] or ho/y communion [i.e., if a consciousness of grave sin precludes their receiving communion] for a long ti me." Both period of lime and the availability of priests for individuel confessionS may be relative matters; the norm is open to application ta vast/y different circumstances, conditions within congregations, etc. There ore special reasons for thorough catechetical preparation of penitents for general sacramental reconciliation, if indeed the complete dimensions of conversion of /ife and reconciliation with Gad and the Church are to be achieved--oll the while maintaining the practice of auricular confession, induding "devotional" confession.


366

CHICAGO STUDIES

29. Who may be ministers of the sa crament of penance? Bishops and priests are ministers of the sacrament, but more thon ordination has been traditionally required of them. This added facu\ty or jurisdiction, in the usuel canonical terms, constitutes recognition within the local church thot this ministry of reconciliation moy be exercised. The diocesan bishop and ether local Ordinaries, posters and thosc who toke the place of posters, canons penitentiary, exempt religious superiors, and the like have the right by law to perform this ministry-_for their respective territories or people. Others receive the faculty by concession, the principle being thot the ecclesiastical superior may permit priests to absolve those who are within the superior's authority. Except in the case of religious exempt from the bishop's euthority, this means thot the local bishop--as the moderator of penitential discipline of the diocese and on behalf of the local church-admits priests,_ seculçn or ~eligious, t9 this mi.-:'listry. The pfojeCted. revision Of the canons on this matter includes a simplification of the law. The most important of the changes specifies thot a priest approved in his own church or diocese for the ministry of the sacrement would. be. approved by law in ali other dioceses. Until such a canonicat dis{osition is made, the present canons remain in effect, but a similor goal hcis been achieved in sorne ecclesiasticel provinces or larger regions Y;'here by common consent ali the diocesan bishops recognize the approval for_ the mitiistry given in any one diocesë. ln addition, episcopal conferences may make provisions in favor of priests who travet. Those who grant the feculty for this sacrement upon examination of the minister's qualifications may restrict or limit it in various ways. The general limitations affecting the confessions of religious, especially women religious, were altered in 1970. Ali women religious and novices may now confess to any confesser of their choicei no special faculty or jurisdiction is Î"equired on his part. For the spirituel welfare of religious, however, the monasteries of contemplatives, houses of formation, and larger religious hou ses are to have a reguler ( "ordinary") and, in the case of the monasteries and houses of formation, special ( "extraordinory") confesser designated. Core is to be laken in the appointment of such confessors, even though no religious is obliged to approach them. Ali priests, even though not approved for this ministry, may validly and lawfully absolve penitents who are in danger of death. finally, the extensive regulations for -the reservation of sins from· the confessor's competence (canons 893-900), wh ile remoining in effect, hove been left to the determination of episcopal conferences for their respective countries.

lj

30. ·What constitutes the·.sacrameotal,-seal? .. The minister of reconciliation must be most careful never. by ward or •;


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sign or in any other way or for any couse whatever, to betroy a penitent's confidence. This is the inviolable sacramental seal of penonce, which also binds interpreters and others who acquire such information about a penitent in any woy.

ln addition, confeuors ore absolutely prohibited from using the information acquired through the sacrement to the disadvantage of the penitent, even epart from any danger of revealing the sin or the sinner. SimiiOrly, ecclesiasHcal superiors may not use information acquired through the sacrament for any purposes of external governance.

Somewhat related to the seol of the sacrement, because of the needless burden thot might be placed on penitents, are these injunctions: Priests: act as bath judges and healers in this sacrement, ministering bath divine judgment and mercy. They must avoid inquiries concerning the identity of accomplices, curious and use/ess questions, imprudent questioning of young people, etc.

31. Where may individuol confession of sins be made? The canons concerning the place for the celebration of the sacrement (ordinarily in a church or orotory) and requiring a confessionol seat ¡or box with fixed grill or grote, at /east for the confessions of women, hove been large/y left to the precise determination of episcopal conferences. ln the United States the National Conference of Catholic Bishops decreed in 1974 "thot it be considered desirable thot small chapels or rooms of reconciliation be provided in which penitents might choose to confess their sins and seek sacramental reconciliation through an informai face-ta-face exchange with the priest, with the opportunity for oppropriate spirituel counseling." lt is a Iso desirable "thot such chapels or rooms be designed to afford the option of the penitent's kneeling at the fixed confessionol grill in the usuel way, but in every case the freedom of the penitent [to confess anonymously and privately in the confessional with grill] is to be respected." The poster or ether minister of penance may choose a more suitable place for the sacrement, while respecting the regulations made by the episcopal conference.

32. Whot are the obligations of ministers of the sacrement?

'/

The confesser should a/ways be ready and willing ta celebrate the sacrement with those of the faithful who make a reosonable request of him. lt is desirable thot people know the times when priesh are ovoilable for this ministry and they should be encouraged not to opproach the sacrament while Moss is being celebrated. Posters and ethers with the core of seuls have a serious obligation in justice to celebrote the sacrement. Other confessors ore similarly bound


368

CHICAGO STUOIES

in charity when there is urgent need. Ali priests are bound when penitents are in danger of death.

Communal penitentiel celebrations, including within them an opportunity for individuel confession and absolution (if general sacramental reconciliation moy not be celebrated) should be held during lent. Thus "ali the foithful moy have on opportunity ta .be reconciled with Gad and their neighbor and so be able to celebrate the poichal mystery in the Eoster triduum wilh renewed hearts."

33. What is the ecclesiastical obligation of the sacrement of penance? The Christian faithful are bound to confess once a yeor the grave sins of which they are conscious after careful reflection and which have not been

directly_ c_onfessed previously. The law of annuel confession of grave sins affects ali who have reached the "years of discretion" or use of reason. The confession of fesser sins and of grave sins previously <:onfessed is strongly urged. Individuel and integral <:onfession of grave sins and absolution or recanciliatiof1. are the single ordinary means of recon<:iliation with Gad and the -Church for -~tho~e con~c·i~~s·· of grave sins-unless there is the excuse of physi<:al or moral impossibility. Even when general sacramental reconciliation is celebrated (above), penitents are ta confess their grave sins individually, unless impeded by a reasonable cause, before re<:eiving general absolution a sec:ond time; unless it is morolly impossible, they are ta make an individuel confession of grave sins within a yeor. ANOINTING OF THE SICK

34. What is the significance of changing the nome of "extren1e unction" to "anointing of the sick"? This <:hange refleds theologicol and pastoral developments: a recovery of an aider doctrine of the sacrement of healing and an effort to change pastoral practice rather radically. Christian onointing hos a camp/ex history. The practice of counting if as the fast rite before deoth "instead of viatkum had led to theologizing about anointing for gfory or anainting as the heoling and forgiving sacrament fOr the transitus from death to eternel fife. Physi<:al heoling or restoration of the whole persan to the church <:ommunity was largely ignored. The longuoQe of recovery in the rite wos at odds with the reality, thot anointing was regularly postponed until death was imminent or almost certain. Following medieval proctice, it was celebroted after vioticum. Ali this wos for removed from the a~ointing described in ther,Letter of James: "ls there anyone sick among yciu? He should ask for the presbyters ·af the church. They in turn are to pray over him, anointing him ~îth ail in 1\


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the Nome of the Lord. This proyer uttered in faith will recloim the one who is ill, and the Lord will restore him to health. If he hos committed any sins, forgiveness will be his" (5:14-15). lt also deprived sick Christions of the sacrement unless, as it were, the near certainty of deoth could be established. The concilier decision was taken in the Constitution on the liturgy: " 'Lest anointing [ extreme unction],' which may a Iso and more fittingly be ca lied

'anointing of the sick,' is not a sacrement for those only who are at the point of death. Hence, os soon os any one of the faithful begins to be in danger of death from sickness or old age, the oppropriate lime for him to receive this sacrement has certoinly already arrived" ( n. 73}. 35. What is the basic expectation of church discipline for this sacrement? As the ritual explains, the celebration of the sacrement for the sick consists especially in the laying on of hands by the presbyters of the Church, their offering the proyer of faith, and the anointing of the sick with ail

made holy by God's blessing. ln the Latin Church-the Eastern Churches have their own disciplinethe sacrement is given "to those who are dangerously ill by anointing them on the forehead and hands with blessed olive ail or, according to circumstances, with another plant oil ... ln case of necessity it is sufficient thot a single anointing be given on the forehead or, because of the particular condition of the sick persan, on onother -:nore suitable part of the body." This determination of Paul VI ( 1972) a Iso set the essentiel or operative form of the sacrement for the Latin Church, again implementing Vatican ll's decree: Through this holy anointing may the Lord in his love and mercy help you with the grace of the Holy Spirit. R. Amen. May the Lord who frees you from sin save you and raise you up.

R. Amen.

"36.

Who may be anointed with the oil of the sick?

The changed church discipline for those who receive the sacrement has olready been mentioned. lt is best spelled out by controsting it to the modern regulations of the 1917 Code of Conon Law (and their pastoral

observance, which had if anything diminished still further the occasions ta celebrate the sacrement 1 ; The sacrement should be given to "those who are dangerously ill due to sickness or old age ... A prudent or probable judgment about the seri-


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CHICAGO STUDIES

ousness of the sickness is sufficient; in such a case there is no reason for scruples [i.e., hesitation about celebrating the sacrement], but if necessary a dodor may be consulted.... A sick persan should be anointed before surgery whenever a dangerous ill ness is the reason for the surgery ... Old people may be anointed if they are in weak condition olthough no danger-

eus ill ness is present." Thus the dispositions of the 1972 rituel. ihe Code had spoken only of anointing a Christian "who is in danger of death from sickness or old age" (canon 940, ยง1) and had permitted only "conditional anointing" if there wos doubt whether the sick persan were adually in danger of death. Sick children may be anointed if they have sufficient use of reason to be conforted by the sacrement. Canon 940, ยง 1, had required, in unqualified terms, thot the sick child have reached the use of reason. The new rituel states: "The sacrement may be repeated if the sick persan recovers after anointing or if, during the sorne illness, the danger becomes more serious." The Code was more restrictive: "This sacrement may not be repeated in the seme illness unless the sick persan recovers after anointing and falls into another [i.e., distinct] danger ta life" (canon

940, ยง2 1. Anointing moy be given ta sick people who have !ost cansciausness or lost the use of reason if, as Christian believers, they would have asked for it were they in control of their faculties. The sacrement, however, may not be celebrated if the persan has died-as had been permitted or urged by commentators. lnstead the authentic character of the sacrement of healing is respected in the new norm: "Wh en a priest has been ca lied to attend a persan who is already dead, he should pray for the dead persan, asking thot God forgive his sins and graciously receive him into his kingdom. The priest is not to administer the sacrement of anointing. But if the priest is doubHul whether the sick persan is dead he may administer the sacrement conditionally."

37. ls the ministry of anointing limited to priests? Only a priest (bishop or presbyter) is the proper minister of sacramental anointing .. This norm respects the tradition of lin king the sacrement with the ministry of anointing by presbyters in the letter of James ( although exegetes may take a broader view of "presbyters" in the context1. The norm also respects the teaching of the Coundl of Trent thot only a priest may validly minister this sacrement ( olthough the Cou neil was concerned with onointing by lay persans and did not formally consider the possibility thot deacons might be permitted to onoint the sick). 1t is oppropriate and traditional thot the minister of the sacrament associate other priests with him in the celebration, especially when many sick ore assembled for the sacrement. Becouse the sick should be anointed at


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the very beginning of dangerous illness and becouse the aged may be anoĂŽnted even if they are not sick, the new rituel encourages the communal

celebration of the sacrement in churches and other place~long with the eucharistie celebration-with the participation of the whole Christian com-

munity. The responsibility or duty to anoint the sick in their core is ordinarily exercised by bishops, parish priests and their associates, priests who core for the sick in hospitals, and superiors of clerical religious institutes. These are the ones who have the chief obligation to prepare the sick and ethers and to celebrate the sacrement. ln case of need ether priests moy anoint. If possible, they should have the consent of the minister who has the pastoral responsibility; otherwise they should inform the parish priest or hospital chaplain afterwards. 38. What are the ritual requirements for anointing? One of the most important demands is thot the ail be blessed. lnsteod of the former restriction 'to the use of olive ail, any plant ail may be used. The law permits the blessing of the ail to be done by diocesan bishops (and those equated with them), ordinorily at the Moss of the chrism, but olso, in case of true necessity, by any priest. The rituel provides for this latter case, the blessing of the oil by the minister as a part of the celebration of the sacrement. The priest brings unblessed ail or the fomily prepares the oil beforehand; afterwards the ail is absorbed in cotton and burned. If the priest uses ail already blessed, he brings it in a suitable container ( it may be soaked in cotton for convenience); afterwards it is kept reverently in an appropria te place. The rite of the sacrement goes beyond these minimal requirements. lt articulotes the "proyer of faith" in many ways: the sick persan will be seved by his faith and the faith of the Church which looks bock ta the deoth and resurrection of Christ, the source of the sacrament's power, and looks ahead ta the future kingdom which is pledged in the sacrements. The sick properly struggle against human sickness but also are prepared to flll up what is lacking in Christ's sufferings for the salvotion of the world; they remind the rest of the community thot our morfal fife is restored through the mystery of Christ's death and resurrection. The church community in turn proys for the spirituel and physical restoration of the sick and manifests the peoce and unity of Christian believers.

"


AUTHORS IN THIS ISSUE Patrick W. Collins is the Choirman of the Committee on Continuîng Education of the Canon law Society of America. He is afso Director of campus ministry at the Catholic University of Amèrica.

James A. Coriden, the Academie Dean of the Washington Theologicaf Coalition, is a priest of the Diocese of Gary, Indiana. He holds degrees in theology, canon law and civil law, has edited severa! books and contributed articles to various journals on issues of Church arder and ministry. John T. Finnegan, professer· of canon law at Pope Johri XXIII National Seminary, Weston, MassochuseHs, is also a visiting professer of pastoral theology at Weston Schoof of Theology, Cambridge. A judge of the matrimonial tribunal of the Archdiocese of Boston, he is a post president of the Conon Law Society of America and presently a member of ils board of diredors. Richard A. Hill, S.J. is on associate professer of canon law at the Jesuit School of Theology ot Berkeley, California and at St. Patrick's Seminary, Menlo Park. A former president of the Jesuit School of Theology at Berkeley, he is presently Choirman of the Board of the Graduate Theological Union. John E. Lynch, C.S.P. is a professer of conon law and medieval history at the Catholic University of America, post president of the Canon Law Society of America, book review editer of Jurist, contributor to the Journal of Ecumenical Studies, etc. Frederick McManus is professer and chairmon of the Oepartment of Canon Law and vice provost of the Catholic University of America. Adam J. Maida holds degrees in canon and civil law. He is adjunct professer of law at Duquesne University School of Law and Consulter of the Vatican Commission for the Revision of the Code of Canon Law. Francis G. Morrisey, O.M.I. has doctorales in philosophy and canon law. He is Dean of Faculty of Canon Law at St. Paul University in Ottawa, Canada and editer of Studia Canonica. James H. Provost is Chancellor and presiding judge in the Diocese of Helena, Montana. He is active in various committees of the Canon Law Society of America and serves as director for the CLSA "Permanent Seminar" which just concluded a study on struduring the Church as a Communion.

372


INDEX A«ountability, 276 Acolyte, 306 Affirmative action, 262 Anglicans, 335 Ang\o-Saxcn ccmmon law, 238 Annulment of marriage, 296, 297 Annointing of the sick, 342, 370-373 minislen, 372 rite, 373 Apostolic !etiers, 247 Archbishop, 274 Archdioce1e, 274 Auxiliary bishop, 274 Baptism, 258, 346, 354-359 chîldrens', 357 Christian witness, 356 conditional, 348, 357 ministers, 355 place, 358 sponsors, 356 time, 358 wilh Confirmation, 351 Sosie Chrjstion communilies, 273 Benediction, 365 Besl man, 346 Bill cf righh, 265 Bishop, 273, 274, 276 Brother-si1ter relationship, 303 Burie! (of non Cotholics), 347 Conan law, 236-253 Alexander Ill and, 237 behovioral sciences ond, 242 Boniface VIII and, 237 changes in, 243, pauim charocteristics, 239 code of, 238, 242 codifiè:otion, 238 conscience and, 244-245 development, 237 early church and, 236 Gratien and, 237 Gregory IX and, 237 Innocent Ill and, 237 New code of, 247-253, passim

Pius X and, 238 primory purpose, 236 reforrn, 279 rote of 236-254 Roman pontiR and, 236 thology and, 241 Canon Law digest, 242, 309 Canon law Society of America, 304 Canoniz:otion, 244 Catechist, 306 Catechumenote, 354, 355 Cha rader (sacramental), 353 Church functions of, 251 local, 271, 273 prernises, 340 u-niversel, 270, 276 Chun:h separation, 296 Clerical state, 307 Cloistered nuns, 324 new code and, 325 Cede commission, 251 (allege of bishops, 279 Ct)l\egiality, 274, 310 Comrnunicotio in sauis, 338, 342 Communicatio in spirituolibus, 338 Communion aport from moss, 365 frequency, 363 Communion of persans, 270, 271 Community structures of, 269, 270, 271 Concelebration, 361 Confirmation, 347, 349, 354, 357, 359361 age, 359 concelebration, 361 ministery, 360 Consent (morrioge), 290 Consortium Perfectae Caritatis, 330 Constitution, 246 Constitution on the liturgy, 351 Corutilutions (religious), 323, 329 Convolidation of marrioge, 295 Coresponsibility, 270, 274, 275 Council of priesls, 275

373


374 Cramarion, 3-48

Decision making proceu, 276 Declaration (Roman cu ria), 247 Decree (Roman cu rio), 246

Delict, 244, 2""8 Diaconale, 306 Diocese, 273 Oiocesan boundaries, 274 Diocesan pastoral coundl, 275 Discrimination, 261 Dispensed priests, 314 Divine office, 313 Divorce, 288 ff., 296 Due process, 313 American Church and, 264-265

Church and, 263, 276

Easter Vigil, 354 Eastern Christians, 353 Eastern churches, 247, 332, 335, 339, 340, 341, 342, 343, 346 Eastern rites, 278 Ecclesiae sanctae, 320-330, passim Ecumenical dialogue, 334, 335 Ecumenicol movement, 331 ff. Ecumenism, 331

Episcopal conference, 243, 252, 335, 352 Episcopal vicars, 274 Ephcopale, 306 Equal protection, 239 Eucharist, 351, 361-366 Canonicol obligation, 362 celebration, 361 Concelebration, 361 minislers, 361, 362 lime and place, 365 Eucharistie elements, 364 Evcharislie exposition, 365 Eucharistie fast, 364 Excommunicatlon, 245, 246, 332 Excardinotion, 31 2 Ex"empt religious, 326 Extrema Unctian (d onoinling of siek}

Faith, 284 Financial reports, 276 Fint communion, 363 Form of marriage, 291 Fvndamental law, 251, 265, 279 Fvnerals (non-Catholic) 332 Gaudlum et spet, 282, 287, 299

INDEX General absolution, 366 General thapten, 320, 321, 322 Godparent, 346 Gratien, 308 Habit (religious), 326 Humafl persan, 240 Intercommunion, 342, 346 lnterfaith movements, 331 lnterlaith services, 338 Initiation, Christian, 354 Instruction (Roman curie) 247 Internai form solution, 300 ff. John XXIII, 247 Judaism, 332, 336, 338, 344 Judidal precedent, 239 Jurisdiclion, 251 Jurisprudence, 244 Leadership Conference of Women Religious, 330 Lector, 306 Lex fundamentalis, 251, 265, 279 Lilurgical adaptation, 352 Liturgicol experimentation, 353 Local bishop, 335 Lumen Gentium, 305, 310, 319, 322, 323 Moid of honor, 346 Marrioge, 249, 281-304, 343 onnulment, 296 canonical form, 291, 344 ceremony, 345 convalidation, 295 dĂŽspensations, 345 ends of, 287 faith and, 284 impediments, 237, 290 ff. infernal forum solution, 300-303 invalid, 287 mixed, 290, 292, 345 new code and, 303 nullity, 299 promises, 345 properties of, 288 ralum et consummatum, 286 socramentality of, 284 tilles of nullity, 299 volid, 287 Marriage courh, 244 Marrioge ttncounter, 286


INDEX Morriog~: praporation, 283, 300 Mgrriage tribunal, 297 ff. Mosans, 337 Mau, 351 Man 5lipends, 366 Matrimonial consent, 290, 304 Ministerio quoedam, 305, 307, 309 Minis fers assignment of, 311 rights of, 313 Ministers of communion, 362 Ministry, 272, 305-316 Church law and, 307, 308 collegiality and, 310 context of, 307 goal of, 309 responsibilities of, 305 structures of, 306

375 Penonce, 342, 366-376 ecclesiaslical obligation, 370 ministen, 368 obligations of minister1, 369 place, 369 Perfectae caritatis, 319-330, passim Persona( parishes, 273 Personnel boards, 276 Petrine office, 279 Petrine privilege, 295 Pre-catechumenate, 355 Presbyterium, 274, 275 Priesthood, 306 Priests' senate, 275 Principle of economy, 289 Profession (religious), 325 Profession of faith, 357 Provinces, 276

women and, 314

Mb:ed morrioges, 335, 337 Models of the Church, 269 Motu proprio, 246 National Churches, 277 National Conference of Catholic Bilhops, 258, 265, 276, 277 National ephcopal conferences, 278 New Code of Conon Law, 249-252, et pauim criteria, 250 promulgation, 253 reactions ta, 248 Non-Catholic reception into Church, 357 Novitiate, 325 Nuptial Moss, 292 Orthodox, 339 Orthodox bishops, 342 Orthodox ceremony, 346 Papal doister, 324 Parish, 271, 273 PaTish covncih, 272. Particulor churche~~ 278 Pgs\oral occounlabillty, 312 Pastoral coundls, 275 Pastoral planning, 275 Paul VI, 238-242, 247, 250, 279, 287, 332 Pauline privilege 294 Penal legisiDtion, 251 Penalties, 266, 267

Reciproclty, 341, 342 Reconciliation (cf. oho Penance) communal, 366, 370 Recourse, 251, 264 Regulars (religious), 326 Religious, 31 7¡330 Religious freedom, 331 Religious fife experimentation, 322 hierarchy and, 322, 326 leave of absence, 325 new code and, 327 nineteenth century decline, 317 nonnae, 328 polarization, 329 Rome and, 318, 322-325 Vatican Il and, 319 Remedies, 239 Rights, 255-268 basic, 256 Christian, 257 Church and, 259 derived, 256 human, 255 l~s= of, 266 minorities', 259 protection of, 251 women's, 259 Rite of funerols, 348 Roman civil law, 237, 238 Roman curio, 243, 247, 279 Roman ritual, 352 Roman roto, 297, 299 Rule of evidence, 238


376 Sacramental seal, 368 Sacroments, 351-373 Apoilolic see, 352 bishops' authority, 352 regulations for, 352 Sanctions, 246, 266 Schismatics, 332 Suipture reader, 339

Seculor institutes, 319 Seminories, 333 Separation, 296 Sister Formatic.n Movement, 319 Sources of law, 251 Sponsors (boptism}. 356 Stole Catholic co~ferences, 276 Stole fffes, 354

INDEX Structures, 269 Subsidiarity, 270, 274 Synod of bishops, 265, 277, 278, 279 Universel law, 249

Venite Seorsum, 324 Violicum, 365 Vicariales, 274 Vows, 326

Weddings (non-Cotholic), 332 Women in ministry, 314 Women religious, 318 Wonhip, 332 llturgicoJ, 338, 339