Apostolicae Curae
His Holiness Pope Leo XIII
On the Nullity of Anglican Orders
September 15, 1896
In Perpetual Remembrance.
We have dedicated to the welfare of the noble English nation no
small portion of the Apostolic care and charity by which, helped by His
grace, We endeavour to fulfil the office and follow in the footsteps of
"the Great Pastor of the sheep," Our Lord Jesus Christ. The letter which
last year We sent to the English seeking the Kingdom of Christ in the unity
of the faith is a special witness of Our good will towards England. In it
We recalled the memory of the ancient union of the people with Mother
Church, and We strove to hasten the day of a happy reconciliation by
stirring up men's hearts to offer diligent prayer to God. And, again, more
recently, when it seemed good to Us to treat more fully the unity of the
Church in a General Letter, England had not the last place in Our mind, in
the hope that Our teaching might both strengthen Catholics and bring the
saving light to those divided from us. It is pleasing to acknowledge the
generous way in which Our zeal and plainness of speech, inspired by no mere
human motives, have met the approval of the English people, and this
testifies not less to their courtesy than to the solicitude of many for
their eternal salvation.
2. With the same mind and intention, We have now determined to turn
Our consideration to a matter of no less importance, which is closely
connected with the same subject and with Our desires.
3. For an opinion already prevalent, confirmed more than
once by the action and constant practice of the Church,
maintained that when in England, shortly after it was rent from
the centre of Christian Unity, a new rite for conferring Holy Orders was
publicly introduced under Edward VI, the true Sacrament of Order as
instituted by Christ lapsed, and with it the hierarchical succession. For
some time, however, and in these last years especially, a controversy has
sprung up as to whether the Sacred Orders conferred according to the
Edwardine Ordinal possessed the nature and effect of a Sacrament, those in
favour of the absolute validity, or of a doubtful validity, being not only
certain Anglican writers, but some few Catholics, chiefly non-English. The
consideration of the excellency of the Christian priesthood moved Anglican
writers in this matter, desirous as they were that their own people should
not lack the twofold power over the Body of Christ. Catholic writers were
impelled by a wish to smooth the way for the return of Anglicans to holy
unity. Both, indeed, thought that in view of studies brought up to the
level of recent research, and of new documents rescued from oblivion, it
was not inopportune to re-examine the question by Our authority.
4. And We, not disregarding such desires and opinions, above
all, obeying the dictates of apostolic charity, have considered
that nothing should be left untried that might in any way tend
to preserve souls from injury or procure their advantage. It
has, therefore, pleased Us to graciously permit the cause to be
re-examined, so that, through the extreme care taken in the new
examination, all doubt, or even shadow of doubt, should be
removed for the future.
5. To this end We commissioned a certain number of men
noted for their learning and ability, whose opinions in this
matter were known to be divergent, to state the grounds of their
judgement in writing. We then, having summoned them to Our
person, directed them to interchange writings, and further to
investigate and discuss all that was necessary for a full
knowledge of the matter. We were careful, also, that they should
be able to re-examine all documents bearing on this question
which were known to exist in the Vatican archives, to search
for new ones, and even to have at their disposal all acts relating
to this subject which are preserved by the Holy Office or, as
it is called, the Supreme Council and to consider whatever
had up to this time been adduced by learned men on both sides. We ordered
them, when prepared in this way, to meet together in special sessions.
These to the number of twelve were held under the presidency of one of the
Cardinals of the Holy Roman Church, appointed by Ourself, and all were
invited to free discussion. Finally, We directed that the acts of these
meetings, together with all other documents, should be submitted to Our
venerable brethren, the Cardinals of the same Council, so that when all had
studied the whole subject, and discussed it in Our presence, each might
give his own opinion.
6. This order for discussing the matter having been determined
upon, it was necessary, with a view to forming a true estimate
of the real state of the question, to enter upon it, after careful
inquiry as to how the matter stood in relation to the prescription
and settled custom of the Apostolic See, the origin and force
of which custom it was undoubtedly of great importance to
determine.
7. For this reason, in the first place, the principal documents
in which Our Predecessors, at the request of Queen Mary,
exercised their special care for the reconciliation of the English
Church were considered. Thus Julius III sent Cardinal Reginald
Pole, an Englishman, and illustrious in many ways, to be his
Legate a latere for the purpose, "as his angel of peace and
love," and gave him extraordinary and unusual mandates or
faculties and directions for his guidance. These Paul IV
confirmed and explained.
8. And here, to interpret rightly the force of these documents,
it is necessary to lay it down as a fundamental principle that
they were certainly not intended to deal with an abstract state
of things, but with a specific and concrete issue. For since the
faculties given by these Pontiffs to the Apostolic Legate had
reference to England only, and to the state of religion therein,
and since the rules of action were laid down by them at the
request of the said Legate, they could not have been mere
directions for determining the necessary conditions for the
validity of ordinations in general. They must pertain directly to
providing for Holy Orders in the said kingdom, as the recognised
condition of the circumstances and times demanded. This,
besides being clear from the nature and form of the said
documents, is also obvious from the fact that it would have
been altogether irrelevant thus to instruct the Legate one whose
learning had been conspicuous in the Council of Trent as to
the conditions necessary for the bestowal of the Sacrament of Order.
9. To all rightly estimating these matters it will not be difficult
to understand why, in the Letters of Julius III, issued to the
Apostolic Legate on 8 March 1554, there is a distinct mention,
first of those who, "rightly and lawfully promoted," might be
maintained in their orders: and then of others who, "not promoted
to Holy Orders" might "be promoted if they were found to be
worthy and fitting subjects". For it is clearly and definitely
noted, as indeed was the case, that there were two classes of
men; the first of those who had really received Holy Orders,
either before the secession of Henry VIII, or, if after it, and by
ministers infected by error and schism, still according to the
accustomed Catholic rite; the second, those who were initiated
according to the Edwardine Ordinal, who on that account could
not be "promoted", since they had received an ordination which
was null.
10. And that the mind of the Pope was this, and nothing else,
is clearly confirmed by the letter of the said Legate (29 January
1555), sub-delegating his faculties to the Bishop of Norwich.
Moreover, what the letters of Julius III themselves say about
freely using the Pontifical faculties, even on behalf of those
who had received their consecration "irregularly (minus rite)
and not according to the accustomed form of the Church," is
to be especially noted. By this expression those only could be
meant who had been consecrated according to the Edwardine
rite, since besides it and the Catholic form there was then no
other in England.
11. This becomes even still clearer when we consider the
Legation which, on the advice of Cardinal Pole, the Sovereign
Princes, Philip and Mary, sent to the Pope in Rome in the
month of February, 1555. The Royal Ambassadors three men
"most illustrious and endowed with every virtue," of whom one
was Thomas Thirlby, Bishop of Ely were charged to inform
the Pope more fully as to the religious condition of the country,
and especially to beg that he would ratify and confirm what the
Legate had been at pains to effect, and had succeeded in
effecting, towards the reconciliation of the Kingdom with the
Church. For this purpose, all the necessary written evidence and the
pertinent parts of the new Ordinal were submitted to the Pope. The Legation
having been splendidly received, and their evidence having been "diligently
discussed," by several of the Cardinals, "after mature deliberation," Paul
IV issued his Bull Praeclara Charissimi on June 20 of that same year. In
this, whilst giving full force and approbation to what Pole had done, it is
ordered in the matter of the Ordinations as follows:
Those who have been promoted to ecclesiastical Orders . . . by any one but
a Bishop validly and lawfully ordained are bound to receive those Orders
again.
12. But who those Bishops not "validly and lawfully ordained"
were had been made sufficiently clear by the foregoing
documents and the faculties used in the said matter by the
Legate; those, namely, who have been promoted to the
Episcopate, as others to other Orders, "not according to the
accustomed form of the Church," or, as the Legate himself
wrote to the Bishop of Norwich, "the form and intention of the
Church," not having been observed. These were certainly those
promoted according to the new form of rite, to the examination
of which the Cardinals specially deputed had given their careful
attention. Neither should the passage much to the point in the
same Pontifical Letter be overlooked, where, together with others
needing dispensation are enumerated those "who had obtained
both Orders as well as benefices nulliter et de facto." For to
obtain orders nulliter means the same as by act null and void,
that is invalid, as the very meaning of the word and as common
parlance require. This is specially clear when the word is used
in the same way about Orders as about "ecclesiastical benefices".
These, by the undoubted teaching of the sacred canons, were
clearly null if given with any vitiating defect. 13 Moreover, when some
doubted as to who, according to the mind of the Pontiff, could be called
and considered bishops "validly and lawfully ordained," the said Pope
shortly after, on October 30, issued a further letter in the form of a
Brief and said:
We, desiring to wholly remove such doubt, and to opportunely provide for
the peace of conscience of those who during the aforementioned schism were
promoted to Holy Orders, by clearly stating the meaning and intention which
We had in Our said letters, declare that it is only those bishops and
archbishops who were not ordained and consecrated in the form of the Church
that can not be said to be duly and rightly ordained . . .
14. Unless this declaration had applied to the actual case in
England, that is to say, to the Edwardine Ordinal, the Pope
would certainly have done nothing by this last letter for the
removal of doubt and the restoration of peace of conscience.
Further, it was in this sense that the Legate understood the
documents and commands of the Apostolic See, and duly and
conscientiously obeyed them; and the same was done by Queen
Mary and the rest who helped to restore Catholicism to its
former state.
15. The authority of Julius III, and of Paul IV, which we have
quoted, clearly shows the origin of that practice which has
been observed without interruption for more than three centuries,
that Ordinations conferred according to the Edwardine rite should
be considered null and void. This practice is fully proved by
the numerous cases of absolute re-ordination according to the
Catholic rite even in Rome.
16. In the observance of this practice we have a proof directly
affecting the matter in hand. For if by any chance doubt should
remain as to the true sense in which these Pontifical documents
are to be understood, the principle holds good that "Custom is
the best interpreter of law." Since in the Church it has ever
been a constant and established rule that it is sacrilegious to
repeat the Sacrament of Order, it never could have come to
pass that the Apostolic See should have silently acquiesced in
and tolerated such a custom. But not only did the Apostolic
See tolerate this practice, but approved and sanctioned it as
often as any particular case arose which called for its judgement
in the matter.
17. We adduce two cases of this kind out of many which have
from time to time been submitted to the Supreme Council of
the Holy Office. The first was (in 1684) of a certain French Calvinist, and
the other (in 1704) of John Clement Gordon, both of whom had received their
orders according to the Edwardine ritual.
18. In the first case, after a searching investigation, the
Consultors, not a few in number, gave in writing their answers
or as they call it, their vota and the rest unanimously agreed
with their conclusion, "for the invalidity of the Ordination,"
and only on account of reasons of opportuneness did the
Cardinals deem it well to answer with a dilata (viz., not to
formulate the conclusion at the moment).
19. The same documents were called into use and considered
again in the examination of the second case, and additional
written statements of opinion were also obtained from
Consultors, and the most eminent doctors of the Sorbonne and
of Douai were likewise asked for their opinion. No safeguard
which wisdom and prudence could suggest to ensure the
thorough sifting of the question was neglected.
20. And here it is important to observe that, although Gordon
himself, whose case it was, and some of the Consultors, had
adduced amongst the reasons which went to prove the invalidity,
the Ordination of Parker, according to their own ideas about it,
in the delivery of the decision this reason was altogether set
aside, as documents of incontestable authenticity prove. Nor,
in pronouncing the decision, was weight given to any other
reason than the "defect of form and intention"; and in order
that the judgment concerning this form might be more certain
and complete, precaution was taken that a copy of the Anglican
Ordinal should be submitted to examination, and that with it
should be collated the ordination forms gathered together from
the various Eastern and Western rites. Then Clement XI himself,
with the unanimous vote of the Cardinals concerned, on
Thursday 17 April 1704, decreed:
John Clement Gordon shall be ordained from the beginning and
unconditionally to all the orders, even Holy Orders, and chiefly of
Priesthood, and in case he has not been confirmed, he shall first receive
the Sacrament of Confirmation.
21. It is important to bear in mind that this judgement was in
no wise determined by the omission of the tradition of
instruments, for in such a case, according to the established
custom, the direction would have been to repeat the ordination
conditionally, and still more important is it to note that the
judgement of the Pontiff applies universally to all Anglican
ordinations, because, although it refers to a particular case, it
is not based upon any reason special to that case, but upon the
defect of form, which defect equally affects all these ordinations,
so much so, that when similar cases subsequently came up for
decision, the same decree of Clement XI was quoted as the
norm.
22. Hence it must be clear to everyone that the controversy
lately revived had already been definitely settled by the Apostolic
See, and that it is to the insufficient knowledge of these
documents that we must, perhaps, attribute the fact that any
Catholic writer should have considered it still an open question.
23. But, as We stated at the beginning, there is nothing we so
deeply and ardently desire as to be of help to men of good will
by showing them the greatest consideration and charity.
Wherefore, We ordered that the Anglican Ordinal, which is the
essential point of the whole matter, should be once more most
carefully examined.
24. In the examination of any rite for the effecting and
administering of Sacraments, distinction is rightly made between
the part which is ceremonial and that which is essential, the
latter being usually called the "matter and form". All know that
the Sacraments of the New Law, as sensible and efficient signs
of invisible grace, ought both to signify the grace which they
effect, and effect the grace which they signify. Although the
signification ought to be found in the whole essential rite, that
is to say, in the "matter and form", it still pertains chiefly to
the "form"; since the "matter" is the part which is not determined
by itself, but which is determined by the "form". And this
appears still more clearly in the Sacrament of Order, the
"matter" of which, in so far as we have to consider it in this
case, is the imposition of hands, which, indeed, by itself signifies
nothing definite, and is equally used for several Orders and for
Confirmation.
25. But the words which until recently were commonly held by
Anglicans to constitute the proper form of priestly ordination
namely, "Receive the Holy Ghost," certainly do not in the
least definitely express the sacred Order of Priesthood
(sacerdotium) or its grace and power, which is chiefly the
power "of consecrating and of offering the true Body and Blood
of the Lord" (Council of Trent, Sess. XXIII, de Sacr. Ord.,
Canon 1) in that sacrifice which is no "mere commemoration
of the sacrifice offered on the Cross" (Ibid, Sess. XXII, de
Sacrif. Missae, Canon 3).
26. This form had, indeed, afterwards added to it the words
"for the office and work of a priest," etc; but this rather shows
that the Anglicans themselves perceived that the first form was
defective and inadequate. But even if this addition could give
to the form its due signification, it was introduced too late, as
a century had already elapsed since the adoption of the
Edwardine Ordinal, for, as the Hierarchy had become extinct,
there remained no power of ordaining.
27. In vain has help been recently sought for the plea of the
validity of Anglican Orders from the other prayers of the same
Ordinal. For, to put aside other reasons which show this to be
insufficient for the purpose in the Anglican rite, let this argument
suffice for all. From them has been deliberately removed
whatever sets forth the dignity and office of the priesthood in
the Catholic rite. That "form" consequently cannot be considered
apt or sufficient for the Sacrament which omits what it ought
essentially to signify.
28. The same holds good of episcopal consecration. For to the
formula, "Receive the Holy Ghost", not only were the words
"for the office and work of a bishop", etc. added at a later
period, but even these, as We shall presently state, must be
understood in a sense different to that which they bear in the
Catholic rite. Nor is anything gained by quoting the prayer of
the preface, "Almighty God", since it, in like manner, has been
stripped of the words which denote the summum sacerdotium.
29. It is not relevant to examine here whether the episcopate be
a completion of the priesthood, or an order distinct from it; or
whether, when bestowed, as they say per saltum, on one who
is not a priest, it has or has not its effect. But the episcopate
undoubtedly, by the institution of Christ, most truly belongs to the
Sacrament of Order and constitutes the sacerdotium in the highest degree,
namely, that which by the teaching of the Holy Fathers and our liturgical
customs is called the Summum sacerdotium sacri ministerii summa. So it
comes to pass that, as the Sacrament of Order and the true sacerdotium of
Christ were utterly eliminated from the Anglican rite, and hence the
sacerdotium is in no wise conferred truly and validly in the episcopal
consecration of the same rite, for the like reason, therefore, the
episcopate can in no wise be truly and validly conferred by it, and this
the more so because among the first duties of the episcopate is that of
ordaining ministers for the Holy Eucharist and sacrifice.
30. For the full and accurate understanding of the Anglican
Ordinal, besides what We have noted as to some of its parts,
there is nothing more pertinent than to consider carefully the
circumstances under which it was composed and publicly
authorised. It would be tedious to enter into details, nor is it
necessary to do so, as the history of that time is sufficiently
eloquent as to the animus of the authors of the Ordinal against
the Catholic Church; as to the abettors whom they associated
with themselves from the heterodox sects; and as to the end
they had in view. Being fully cognisant of the necessary
connection between faith and worship, between "the law of
believing and the law of praying", under a pretext of returning
to the primitive form, they corrupted the Liturgical Order in
many ways to suit the errors of the reformers. For this reason,
in the whole Ordinal not only is there no clear mention of the
sacrifice, of consecration, of the priesthood (sacerdotium), and
of the power of consecrating and offering sacrifice but, as We
have just stated, every trace of these things which had been in
such prayers of the Catholic rite as they had not entirely rejected,
was deliberately removed and struck out.
31. In this way, the native character or spirit as it is called
of the Ordinal clearly manifests itself. Hence, if, vitiated in its
origin, it was wholly insufficient to confer Orders, it was
impossible that, in the course of time, it would become sufficient, since
no change had taken place. In vain those who, from the time of Charles I,
have attempted to hold some kind of sacrifice or of priesthood, have made
additions to the Ordinal. In vain also has been the contention of that
small section of the Anglican body formed in recent times that the said
Ordinal can be understood and interpreted in a sound and orthodox sense.
Such efforts, we affirm, have been, and are, made in vain, and for this
reason, that any words in the Anglican Ordinal, as it now is, which lend
themselves to ambiguity, cannot be taken in the same sense as they possess
in the Catholic rite. For once a new rite has been initiated in which, as
we have seen, the Sacrament of Order is adulterated or denied, and from
which all idea of consecration and sacrifice has been rejected, the
formula, "Receive the Holy Ghost", no longer holds good, because the Spirit
is infused into the soul with the grace of the Sacrament, and so the words
"for the office and work of a priest or bishop", and the like no longer
hold good, but remain as words without the reality which Christ instituted.
32. Many of the more shrewd Anglican interpreters of the
Ordinal have perceived the force of this argument, and they
openly urge it against those who take the Ordinal in a new
sense, and vainly attach to the Orders conferred thereby a
value and efficacy which they do not possess. By this same
argument is refuted the contention of those who think that the
prayer, "Almighty God, giver of all good Things", which is
found at the beginning of the ritual action, might suffice as a
legitimate "form" of Orders, even in the hypothesis that it
might be held to be sufficient in a Catholic rite approved by the
Church.
33. With this inherent defect of "form" is joined the defect of
"intention" which is equally essential to the Sacrament. The
Church does not judge about the mind and intention, in so far
as it is something by its nature internal; but in so far as it is
manifested externally she is bound to judge concerning it. A
person who has correctly and seriously used the requisite matter
and form to effect and confer a sacrament is presumed for that
very reason to have intended to do (intendisse) what the Church
does. On this principle rests the doctrine that a Sacrament is truly
conferred by the ministry of one who is a heretic or unbaptized, provided
the Catholic rite be employed. On the other hand, if the rite be changed,
with the manifest intention of introducing another rite not approved by the
Church and of rejecting what the Church does, and what, by the institution
of Christ, belongs to the nature of the Sacrament, then it is clear that
not only is the necessary intention wanting to the Sacrament, but that the
intention is adverse to and destructive of the Sacrament.
34. All these matters have been long and carefully considered by
Ourselves and by Our Venerable Brethren, the Judges of the Supreme Council,
of whom it has pleased Us to call a special meeting upon the 16th day of
July last, the solemnity of Our Lady of Mount Carmel. They with one accord
agreed that the question laid before them had been already adjudicated upon
with full knowledge of the Apostolic See, and that this renewed discussion
and examination of the issues had only served to bring out more clearly the
wisdom and accuracy with which that decision had been made. Nevertheless,
We deemed it well to postpone a decision in order to afford time both to
consider whether it would be fitting or expedient that We should make a
fresh authoritative declaration upon the matter, and to humbly pray for a
fuller measure of divine guidance.
35. Then, considering that this matter, although already decided, had
been by certain persons for whatever reason recalled into discussion, and
that thence it might follow that a pernicious error would be fostered in
the minds of many who might suppose that they possessed the Sacrament and
effects of Orders, where these are nowise to be found, it seemed good to Us
in the Lord to pronounce Our judgment.
36. Wherefore, strictly adhering, in this matter, to the decrees of the
Pontiffs, Our Predecessors, and confirming them most fully, and, as it
were, renewing them by Our authority, of Our own initiative and certain
knowledge, We pronounce and declare that ordinations carried out according
to the Anglican rite have been, and are, absolutely null and utterly void.
37. It remains for Us to say that, even as We have entered
upon the elucidation of this grave question in the name and in the love of
the Great Shepherd, in the same We appeal to those who desire and seek with
a sincere heart the possession of a hierarchy and of Holy Orders.
38. Perhaps until now aiming at the greater perfection of
Christian virtue, and searching more devoutly the divine
Scriptures, and redoubling the fervour of their prayers, they
have, nevertheless, hesitated in doubt and anxiety to follow the
voice of Christ, which so long has interiorly admonished them.
Now they see clearly whither He in His goodness invites them
and wills them to come. In returning to His one only fold, they
will obtain the blessings which they seek, and the consequent
helps to salvation, of which He has made the Church the
dispenser, and, as it were, the constant guardian and promoter
of His redemption amongst the nations. Then, indeed, "They
shall draw waters in joy from the fountains of the Saviour",
His wondrous Sacraments, whereby His faithful souls have
their sins truly remitted, and are restored to the friendship of
God, are nourished and strengthened by the heavenly Bread,
and abound with the most powerful aids for their eternal
salvation. May the God of peace, the God of all consolation,
in His infinite tenderness, enrich and fill with all these blessings
those who truly yearn for them.
39. We wish to direct our exhortation and our desires in a
special way to those who are ministers of religion in their
respective communities. They are men who from their very
office take precedence in learning and authority, and who have
at heart the glory of God and the salvation of souls. Let them
be the first in joyfully submitting to the divine call and obey
it, and furnish a glorious example to others. Assuredly, with an
exceeding great joy, their Mother, the Church, will welcome
them, and will cherish with all her love and care those whom
the strength of their generous souls has, amidst many trials and
difficulties, led back to her bosom. Nor could words express
the recognition which this devoted courage will win for them
from the assemblies of the brethren throughout the Catholic
world, or what hope or confidence it will merit for them before
Christ as their Judge, or what reward it will obtain from Him
in the heavenly kingdom! And We, ourselves, in every lawful way, shall
continue to promote their reconciliation with the Church in which
individuals and masses, as We ardently desire, may find so much for their
imitation. In the meantime, by the tender mercy of the Lord our God, We ask
and beseech all to strive faithfully to follow in the path of divine grace
and truth.
40. We decree that these letters and all things contained therein
shall not be liable at any time to be impugned or objected to
by reason of fault or any other defect whatsoever of subreption
or obreption of Our intention, but are and shall be always valid
and in force and shall be inviolably observed both juridically
and otherwise, by all of whatsoever degree and preeminence,
declaring null and void anything which, in these matters, may
happen to be contrariwise attempted, whether wittingly or
unwittingly, by any person whatsoever, by whatsoever authority
or pretext, all things to the contrary notwithstanding.
41. We will that there shall be given to copies of these letters,
even printed, provided that they be signed by a notary and
sealed by a person constituted in ecclesiastical dignity, the
same credence that would be given to the expression of Our
will by the showing of these presents.
Given at Rome, at St. Peter's, in the year of the Incarnation of Our
Lord, one thousand eight hundred and ninety-six, on the Ides of September,
in the nineteenth year of Our Pontificate.
LEO PP. XIII