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Essential norms establish a flexible
canonical structure
The Apostolic Constitution
Anglicanorum Coetibus of 4 November 2009, provides the
essential norms which will govern the erection and the life of Personal
Ordinariates for those Anglican faithful who wish to enter, either
corporately or individually, into full communion with the Catholic:.
Church. In this way, as it says in the Introduction, the
Holy Father Benedict XVI
—
Supreme Pastor of the Church and, by mandate of Christ, guarantor of the
unity of the episcopate and of the universal communion of all the
Churches
—
has shown his fatherly care for those Anglican faithful (lay, clerics
and members of Institutes of Consecrated life and of Societies of
Apostolic Life) who have repeatedly petitioned the Holy See to be
received into full Catholic Communion.
The Introduction to
the Apostolic Constitution lays out the ratio legis of the
provision emphasising a number of things which it might be useful to
point out:
The Church, which in its
unity and diversity is modelled on the Most Holy Trinity, was instituted
as "a sacrament
—
a sign and instrument, that is, of
communion with God and of unity among all people" (Lumen Gentium,
1). For this reason every division among the baptized wounds that which
the Church is and that for which the Church exists, and constitutes,
therefore, a scandal in that it contradicts the prayer of Jesus before
his passion and death (cf. Jn 7:20-21).
Ecclesial communion,
established by the Holy Spirit who is the principle of unity in the
Church, is, by analogy with the mystery of the Incarnate Word, at the
same time both invisible (spiritual) and visible (hierarchically
organized). The communion among the baptized, therefore, if it is to be
full communion, must be "visibly manifested in the bonds of the
profession of the faith in its entirety, of the celebration of all of
the sacraments instituted by Christ, and of the governance of the
College of Bishops united with its head, the Roman Pontiff".
—
Although the one Church of Christ subsists in the Catholic Church
governed by the Successor of Peter and the Bishops in union with him,
there are also elements of sanctification and of truth to be found
outside her visible confines, in the Churches and Christian Communities
separated from her, which, because these elements are gifts properly
belonging to the Church of Christ, are forces impelling towards Catholic
unity.
Those Anglican faithful
who, under the promptings of the Holy Spirit, have asked to enter into
full communion with the Catholic Church have been moved towards unity by
those elements of the Church of Christ which have always been present in
their personal and communal lives as Christians.
For this reason, the
promulgation of the Apostolic Constitution Anglicanorum Coetibus
by the Holy Father, together with what will follow from this, indicate
in a particular way the movement of the Holy Spirit.
The juridical means by the
which the Holy Father has decided to receive these Anglicans into full
Catholic communion is the erection of Personal Ordinariates (I § 1).
The competence of erection
has been given to the Congregation for the Doctrine of the Faith. The
reason for this is that during the long process which has finally borne
fruit in this Apostolic Constitution many doctrinal questions have had
to be addressed, and such questions will continue to arise as the time
comes for the erection of particular Ordinariates and for the
incorporation of groups of Anglican faithful into full Catholic
communion through the Ordinariates. In any case, as specific issues
emerge, each Ordinariate will be subject not just to the Congregation
for the Doctrine of the Faith but also to the other Dicasteries of the
Roman Curia according to their competences (Ap. Cons. II). For
example: for associations of the Faithful, the Pontifical Council for
the Laity will have competence; for the formation and life of priests,
the Congregation for the Clergy; for the various forms of consecrated
life, the Congregation for Institutes of Consecrated Life and Societies
of Apostolic Life, etc. For the visit ad limina Apostolorum,
which the Ordinary is obliged to make every five years, the Apostolic
Constitution specifically mentions that the Ordinary must consult not
only with the Congregation for the Doctrine of the Faith but also with
the Congregation for Bishops and the Congregation for the Evangelization
of Peoples (Ap. Cons. XI).
The possibility for the
erection of Personal Ordinariates for Anglicans entering into full
communion with the Catholic Church which is envisioned in the Apostolic
Constitution Anglicanorum Coetibus does not create a new
structure within the current canonical norms, but rather, uses the
structure of Personal Ordinariates, originally created for the pastoral
care of members of the armed forces, in the Apostolic
Constitution of John Paul II Spirituali militum cura of 21 April
1986. Notwithstanding the similarities between these two types of
Personal Ordinariates it is clear that given their different purposes,
one for the Military and the other for those coming from Anglicanism,
there are also significant differences between them. What we are dealing
with are structures created by the Church in order to deal with specific
situations which arise from the needs of the faithful, and which are, by
definition, exceptional. The pastoral concern of the Church and the
flexibility of her canonical norms permit the creation of juridical
structures which are specifically adapted to the spiritual good of the
faithful, while not contradicting the foundational principles of
Catholic ecclesiology.
Just as the Military
Ordinariates were not envisioned in the Code of Canon Law, so also
Personal Ordinariates for Anglicans entering into full communion with
the Catholic Church were not specifically foreseen. However, just as the
Military Ordinariates are described in the Apostolic Constitution
Spirituali militum cura as specific ecclesiastical jurisdictions
which are similar to dioceses (Ap. Cons. I § 1), so also
the Apostolic Constitution Anglicanorum Coetibus describes
Personal Ordinariates for the faithful coming from Anglicanism as
juridically similar to dioceses (Ap. Cons. I § 3).
These Personal Ordinariates
cannot be considered as Particular Ritual Churches since the Anglican
liturgical, spiritual and pastoral tradition is a particular reality
within the Latin Church. The creation of a Ritual Church might have
created ecumenical difficulties. Nor can these Personal Ordinariates be
considered as Personal Prelatures since, according to can. 294, Personal
Prelatures are composed of secular priests and deacons and, according to
can. 296, lay people may simply dedicate themselves to the apostolic
works of Personal Prelatures by way of agreements. Members of Institutes
of Consecrated Life or of Societies of Apostolic Life are not even
mentioned in the canons concerning Personal Prelatures.
The Ordinariates for the
faithful coming from Anglicanism are therefore personal structures in as
much as the jurisdiction of the Ordinary, and consequently also of
parish priests, is not geographically defined within the territory of an
Episcopal Conference like a particular territorial Church, but is
exercised "over all who belong to the Ordinariate" (Ap. Cons.
III). Moreover, one or more Personal Ordinariates can be erected
within the territory of the same Episcopal Conference, according to
necessity (Ap. Cons. I § 2).
It is clear from a careful
reading of the Apostolic Constitution and of the Complementary Norms
published by the Apostolic See that the provision of erecting Personal
Ordinariates is intended to respond to two needs: on the one hand the
need "to maintain the liturgical, spiritual and pastoral traditions of
the Anglican Communion within the Catholic Church, as a precious gift
nourishing the faith of the members of the Ordinariate and as a treasure
to be shared" (Ap. Cons. III); on the other hand the need to
fully integrate into the life of the Catholic Church groups of faithful,
or individuals, coming from Anglicanism.
The enrichment is mutual:
the faithful coming from Anglicanism and entering into full Catholic
communion receive the richness of the spiritual, liturgical and pastoral
tradition of the Latin Roman Church in order to integrate it into their
own tradition, which integration will in itself enrich the Latin Roman
Church. On the other hand, exactly this Anglican tradition
—
which will be received in its authenticity in the Latin Roman Church
—
has constituted within Anglicanism precisely one of those gifts of the
Church of Christ, which has moved these faithful towards Catholic unity.
What is involved in this
provision, therefore, goes beyond what was envisioned in the Pastoral
Provision adopted by the Congregation for the Doctrine of the Faith
and approved by John Paul II on 20 June 1980. Whereas the
Pastoral Provision
foresaw that the faithful coming from
Anglicanism would be members of the Diocese in which they were
domiciled, although receiving special care from the diocesan Bishop, the
Apostolic Constitution Anglicanorum Coetibus considers them as
members of a Personal Ordinariate and not of the Diocese in which they
are domiciled. Furthermore these Ordinariates will be composed of
faithful from every state of life (laity, priests and members of
Institutes of Consecrated Life and of Societies of Apostolic Life)
coming from Anglicanism either in groups or individually, or receiving
the sacraments of initiation within the Ordinariate itself (Ap. Cons.
I § 4).
Priests will be ascribed to
the Personal Ordinariate by incardination, regulated according to the
Code of Canon Law (Ap. Cons. I § 3), while lay people
and Institutes of Consecrated Life and Societies of Apostolic Life must
manifest their desire to enter and become part of the Ordinariate in
writing (Ap. Cons. IX). The Complementary Norms (CN) state that
such lay people and Institutes of Consecrated Life and Societies of
Apostolic Life must be inscribed in an appropriate register of the
Ordinariate (Art. 5 § 1). Thus, while one is a member of a
particular territorial Church by virtue of one's domicile or
quasi-domicile, one is a member of the Personal Ordinariate in virtue of
the objective fact of having previously adhered to Anglicanism, or
because one has come to the Catholic faith through the Ordinariate. In
this sense, inscription in the appropriate register substitutes for the
fact of domicile or quasi-domicile, which in relation to membership in a
Personal Ordinariate is irrelevant.
This Apostolic Constitution
wishes above all to provide a means to re-establish full communion, in
some way "corporately", for groups composed of people in various states
of life. Personal Ordinariates for such groups appear to be the most
suitable canonical structure by which the spiritual, liturgical and
pastoral tradition, developed within Anglicanism and recognised as
authentic by the Catholic Church, can be protected and nourished. All of
which does not exclude the possibility of membership in the Ordinariate
for individuals coming from Anglicanism, or for individuals who come to
the Catholic faith through the pastoral or missionary work of the
Ordinariate and who receive the sacraments of initiation within the
Ordinariate. The Pastoral Provision was not suitable for the new
situation to which that the Holy See was called upon to respond.
The Ordinary, to whom the
pastoral care of the faithful who belong to the Ordinariate is
entrusted, exercises ordinary vicarious authority (potestas ordinaria
vicaria) in the name of the Roman Pontiff (Ap. Cons.
V.b). He enjoys legitimate autonomy with respect to the
jurisdiction of the Diocesan Bishops in which the faithful of the
Ordinariate have their domicile and is, therefore, better able to ensure
that those faithful are not simply assimilated into the local Dioceses
in a way which would lead to the loss of the richness of their Anglican
tradition
—
which would be an entire impoverishment of the entire Church. On the
other hand, the Ordinary in the exercise of his vicarious authority must
ensure the full integration of the Ordinariate into the life of the
Catholic Church, making sure that it does not evolve into an isolated
community.
The safeguarding and
nourishing of the Anglican tradition is guaranteed:
1. by the concession to the
Ordinariate of the faculty to celebrate the Eucharist and the other
sacraments, the Liturgy of the Hours and other liturgical celebrations
according to the liturgical rites proper to the Anglican tradition and
approved by the Holy See, without, however, excluding liturgical
celebrations according to the Roman Rite (Ap. Cons. III);
2. by the fact that the Ordinary may determine specific
programmes of formation for seminarians of the Ordinariate living in a
diocesan seminary, or may establish a house of formation for them (Ap.
Cons. VI § 5; CN Art. 10 § 2); the seminarians must
come from a personal parish of the Ordinariate or from Anglicanism (CN
Art. 10 § 4);
3. by the concession that
those who were married Anglican ministers, including bishops, may be
ordained priests according to the norms of the Encyclical Letter of Paul
VI Sacerdotalis Coelibatus, n. 42 and of the Declaration
In June, while remaining in the married state (Ap.
Cons. VI § 1);
4. by the possibility that,
following a process of discernment based on objective criteria and the
needs of the Ordinariate (CN Art. 6 § 1), the Ordinary may also
petition the Roman Pontiff, on a case by case basis, to admit married
men to the priesthood as a derogation of CIC can. 277, §
1, although the general norm of the Ordinariate will be to admit only
celibate men (Ap. Cons. VI § 2);
5. by the fact that the
Ordinary may erect personal parishes, after having consulted with the
local Diocesan Bishop and having obtained the consent of the Holy See
(Ap. Cons. VIII § t);
6. through the capacity to
receive into the Ordinariate Institutes of Consecrated Life and
Societies of Apostolic life coming from Anglicanism, and of erecting new
ones;
7. by the fact that, out of
respect for the synodal tradition of Anglicanism: a) the Ordinary will
be appointed by the Roman Pontiff from a terna of names presented
by the Governing Council (CN Art. 4 § 1); b) that the Pastoral
Council will be obligatory (Ap. Cons. X § 2); c) that the
Governing Council, composed of at least six priests, apart from
fulfilling the duties established in the Code of Canon Law for the
Presbyteral Council and the College of Consultors, will also exercise
those duties specified in the Complementary Norms which include in some
cases giving or withholding consent or of expressing a deliberative vote
(Ap. Cons. X § 2; CN Art. 12).
The integration of the
Ordinariate into the life of the Catholic Church is assured by those
norms which govern the profession of faith and the relationships of an
Ordinariate with an Episcopal Conference, and with individual Diocesan
Bishops. According to these norms:
1. the
Catechism of the Catholic Church
will be considered the authentic
expression of the faith of the members of the Ordinariate (Ap. Cons.
I § 5);
2. a Personal Ordinariate
will be erected by the Holy See within the territorial confines of an
Episcopal Conference, after having consulted with that Episcopal
Conference (Ap. Cons. I § 1);
3. the Ordinary will be a
member of his respective Episcopal Conference and will be obliged to
follow its directives, unless they are incompatible with the Apostolic
Constitution Anglicanorum Coetibus (CN Art. 2);
4. the ordination of
ministers coming from Anglicanism will be absolute, on the basis of the
Bull Apostolicae curae of Leo XIII of 13 September 1896. Given
the entire Catholic Latin tradition and the tradition of the Oriental
Catholic Churches, including the Orthodox tradition, the admission of
married men to the episcopate is absolutely excluded (NC Art. II § 1);
5. the priests incardinated
into an Ordinariate constitute its presbyterate, but are obliged to
cultivate bonds of fraternal unity with the presbyterate of the Dioceses
in whose territory they exercise their ministry. They are to encourage
joint initiatives and pastoral and charitable activities, which may be
regulated by agreements between the Ordinary and the Diocesan Bishop or
Bishops concerned (Ap. Cons. VI § 4; NC Art. 3). The
Complementary Norms envisage the possibility of mutual pastoral
assistance between priests incardinated into the Ordinariate and those
incardinated into Dioceses in which there are faithful of the
Ordinariate (NC Art. 9 §§ 1 and 2);
6. the priests of the
Ordinariate are eligible for election to the Presbyteral Council of the
Dioceses in whose territory they exercise the pastoral care of the
faithful of the Ordinariate (NC Art. 8 § 1);
7. the priests and deacons
of the Ordinariate are eligible to be members of the Pastoral Council of
the Dioceses in whose territory the exercise their ministry (NC
Art. 8 § 2);
8. the authority (potestas)
of the Ordinary is exercised together with the Diocesan Bishop in
the circumstances envisioned in the Complementary Norms (Ap. Cons.
V; NC Art. 5 § 2);
9. candidates for Holy
Orders will be formed together with other seminarians, especially with
regard to doctrinal and pastoral formation, even though particular
programmes or houses of formation may also be established for them (Ap.
Cons. VI § 5; CN Art. 10 § 2);
10. before establishing a
personal parish the Ordinary must listen to the opinion of the Diocesan
Bishop of the area (Ap. Cons. VIII § 1);
11. the Complementary Norms
establish when the rights and duties proper to a parish priest of the
Ordinariate are to be exercised in mutual pastoral cooperation with the
parish priest of the territory in which the personal parish has been
erected (Ap. Cons. VIII § 2; CN 14 § 2);
12. the competent tribunal
for judicial cases regarding the faithful of the Ordinariate is that of
the Diocese in which one of the parties has domicile, presuming that the
Ordinariate has not constituted its own tribunal (Ap. Cons. XII).
It is clear that the Apostolic Constitution
Anglicanorum Coetibus provides norms which establish the nature and,
in general, regulate the life of Personal Ordinariates erected
specifically for Anglicans who wish to enter into full communion with
the Catholic Church. In this way a flexible canonical structure has been
instituted. Moreover, it is foreseeable that what is contained in the
present Apostolic Constitution and Complementary Norms may be adapted in
the Decrees of Erection of each individual Ordinariate in the light of
particular local situations. As the Holy Spirit has guided the
preparation of this Apostolic Constitution, so may he also assist in its
application.
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