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DECREE
ON THE CATHOLIC CHURCHES PREAMBLE 1. The Catholic Church holds in high
esteem the institutions, liturgical rites, ecclesiastical traditions and the
established standards of the Christian life of the Eastern Churches, for in
them, distinguished as they are for their venerable antiquity, there remains
conspicuous the tradition that has been handed down from the Apostles through
the Fathers (1) and that forms part of the divinely revealed and undivided
heritage of the universal Church. This Sacred Ecumenical Council, therefore,
in its care for the Eastern Churches which bear living witness to this
tradition, in order that they may flourish and with new apostolic vigor
execute the task entrusted to them, has determined to lay down a number of
principles, in addition to those which refer to the universal Church; all
else is remitted to the care of the Eastern synods and of the Holy See. THE
INDIVIDUAL CHURCHES OR RITES 2. The Holy Catholic Church, which is the
Mystical Body of Christ, is made up of the faithful who are organically
united in the Holy Spirit by the same faith, the same sacraments and the same
government and who, combining together into various groups which are held
together by a hierarchy, form separate Churches or Rites. Between these there
exists an admirable bond of union, such that the variety within the Church in
no way harms its unity; rather it manifests it, for it is the mind of the
Catholic Church that each individual Church or Rite should retain its
traditions whole and entire and likewise that it should adapt its way of life
to the different needs of time and place.(2) 3. These individual Churches, whether of
the East or the West, although they differ somewhat among themselves in rite
(to use the current phrase), that is, in liturgy, ecclesiastical discipline,
and spiritual heritage, are, nevertheless, each as much as the others,
entrusted to the pastoral government of the Roman Pontiff, the divinely
appointed successor of St. Peter in primacy over the universal Church. They
are consequently of equal dignity, so that none of them is superior to the
others as regards rite and they enjoy the same rights and are under the same
obligations, also in respect of preaching the Gospel to the whole world (cf.
Mark 16, 15) under the guidance of the Roman Pontiff. 4. Means should be taken therefore in
every part of the world for the protection and advancement of all the
individual Churches and, to this end, there should be established parishes
and a special hierarchy where the spiritual good of the faithful demands it.
The hierarchs of the different individual Churches with jurisdiction in one
and the same territory should, by taking common counsel in regular meetings,
strive to promote unity of action and with common endeavor to sustain common
tasks, so as better to further the good of religion and to safeguard more
effectively the ordered way of life of the clergy.(3) All clerics and those aspiring to sacred
Orders should be instructed in the rites and especially in the practical
norms that must be applied in interritual questions. The laity, too, should
be taught as part of its catechetical education about rites and their rules. Finally, each and every Catholic, as also
the baptized of every non-Catholic church or denomination who enters into the
fullness of the Catholic communion, must retain his own rite wherever he is,
must cherish it and observe it to the best of his ability (4), without
prejudice to the right in special cases of persons. communities or areas, of
recourse to the Apostolic See, which, as the supreme judge of interchurch
relations, will, acting itself or through other authorities, meet the needs
of the occasion in an ecumenical spirit, by the issuance of opportune
directives, decrees or rescripts. PRESERVATION
OF THE SPIRITUAL HERITAGE OF THE EASTERN CHURCHES 5. History, tradition and abundant
ecclesiastical institutions bear outstanding witness to the great merit owing
to the Eastern Churches by the universal Church.(5) The Sacred Council,
therefore, not only accords to this ecclesiastical and spiritual heritage the
high regard which is its due and rightful praise, but also unhesitatingly
looks on it as the heritage of the universal Church. For this reason it
solemnly declares that the Churches of the East, as much as those of the
West, have a full right and are in duty bound to rule themselves, each in
accordance with its own established disciplines, since all these are
praiseworthy by reason of their venerable antiquity, more harmonious with the
character of their faithful and more suited to the promotion of the good of
souls. 6. All members of the Eastern Rite should
know and be convinced that they can and should always preserve their
legitimate liturgical rite and their established way of life, and that these
may not be altered except to obtain for themselves an organic improvement.
All these, then, must be observed by the members of the Eastern rites
themselves. Besides, they should attain to on ever greater knowledge and a
more exact use of them, and, if in their regard they have fallen short owing
to contingencies of times and persons, they should take steps to return to
their ancestral traditions. Those who, by reason of their office or
apostolic ministries, are in frequent communication with the Eastern Churches
or their faithful should be instructed according as their office demands in
the knowledge and veneration of the rites, discipline, doctrine, history and
character of the members of the Eastern rites.(6) To enhance the efficacy of
their apostolate, Religious and associations of the Latin Rite working in Eastern
countries or among Eastern faithful are earnestly counseled to found houses
or even provinces of the Eastern rite, as far as this can be done.(7) EASTERN
RITE PATRIARCHS 7. The patriarchate, as an institution,
has existed in the Church from the earliest times and was recognized by the
first ecumenical councils.(8) By the name Eastern patriarch, is meant
the bishop to whom belongs jurisdiction over all bishops, not excepting
metropolitans clergy and people of his own territory or rite, in accordance
with canon law and without prejudice to the primacy of the Roman Pontiff.(9) Wherever an hierarch of any rite is
appointed outside the territorial bounds of the patriarchate, he remains
attached to the hierarchy of the patriarchate of that rite, in accordance
with canon law. 8. Though some of the patriarchates of the
Eastern Churches are of earlier and some of later date, nonetheless all are
equal in respect of patriarchal dignity, without however prejudice to the
legitimately established precedence of honor.(10) 9. By the most ancient tradition of the
Church the patriarchs of the Eastern Churches are to be accorded special
honor, seeing that each is set over his patriarchate as father and head. This Sacred Council, therefore, determines
that their rights and privileges should be re-established in accordance with
the ancient tradition of each of the Churches and the decrees of the
ecumenical councils.(11) The rights and privileges in question are
those that obtained in the time of union between East and West; though they
should be adapted somewhat to modern conditions. The patriarchs with their synods are the
highest authority for all business of the patriarchate, including the right
of establishing new eparchies and of nominating bishops of their rite within
the territorial bounds of the patriarchate, without prejudice to the
inalienable right of the Roman Pontiff to intervene in individual cases. 10. What has been said of patriarchs is
valid also, in harmony with the canon law, in respect to major archbishops,
who rule the whole of some individual church or rite.(12) 11. Seeing that the patriarchal office in
the Eastern Church is a traditional form of government, the Sacred Ecumenical
Council ardently desires that new patriarchates should be erected where there
is need, to be established either by an ecumenical council or by the Roman
Pontiff.(13) THE
DISCIPLINE OF THE SACRAMENTS 12. The Sacred Ecumenical Council confirms
and approves the ancient discipline of the sacraments existing in the
Oriental Churches, as also the ritual practices connected with their
celebration and administration and ardently desires that this should be
re-established if circumstances warrant it. 13. The established practice in respect of
the minister of Confirmation that has obtained from most early times in the
Eastern Church should be fully restored. Therefore, priests validly confer
this sacrament, using chrism blessed by a patriarch or a bishop.(14) 14. All Eastern Rite priests, either in
conjunction with Baptism or separately from it, can confer this sacrament
validly on all the faithful of any rite including the Latin; licitly,
however, only if the regulations both of the common and the particular law
are observed.(15) Priests, also, of Latin Rite, in accordance with the faculties
they enjoy in respect of the administration of this sacrament, validly
administer it also to the faithful of Eastern Churches; without prejudice to
the rite, observing in regard to licitness the regulations both of the common
and of the particular law.(16) 15. The faithful are bound to take part on
Sundays and feast days in the Divine Liturgy or, according to the regulations
or custom of their own rite, in the celebration of the Divine Office.(17)
That the faithful may be able more easily to fulfill their obligation, it is
laid down that the period of time within which the precept should be observed
extends from the Vespers of the vigil to the end of the Sunday or the feast
day.(18) The faithful are earnestly exhorted to receive Holy Communion on
these days, and indeed more frequently-yes, even daily.(19) 16. Owing to the fact that the faithful of
the different individual churches dwell intermingled with each other in the
same area or Eastern territory, the faculties for hearing confessions duly
and without restriction given to priests of any rite by their own hierarchs
extend to the whole territory of him who grants them and also to the places
and faithful of any other rite in the same territory, unless the hierarch of
the place has expressly excluded this for places of his rite.(20) 17. In order that the ancient established
practice of the Sacrament of Orders in the Eastern Churches may flourish
again, this Sacred Council ardently desires that the office of the permanent
diaconate should, where it has fallen into disuse, be restored.(21) The
legislative authorities of each individual church should decide about the
subdiaconate and the minor orders and the rights and obligations that attach
to them.(22) 18. To obviate invalid marriages when
Eastern Catholics marry baptized Eastern non-Catholics and in order to
promote fidelity in and the sanctity of marriage, as well as peace within the
family, the Sacred Council determines that the canonical "form" for
the celebration of these marriages is of obligation only for liceity; for
their validity the presence of a sacred minister is sufficient, provided that
other prescriptions of law are observed.(23) DIVINE
WORSHIP 19. It belongs only to an ecumenical
council or to the Apostolic See to determine, transfer or suppress feast days
common to all the Eastern Churches. On the other hand, to determine, transfer
or suppress the feast days of any of the individual churches is within the
competence not only of the Apostolic See but also of the patriarchal or
archiepiscopal synod, due regard being had to the whole area and the other
individual churches.(24) 20. Until such time as all Christians are
agreed on a fixed day for the celebration of Easter, with a view meantime to
promoting unity among the Christians of the same area or nation, it is left
to the patriarchs or supreme authorities of a place to come to an agreement
by the unanimous consent and combined counsel of those affected to celebrate
the feast of Easter on the same Sunday.(25) 21. Individual faithful dwelling outside
the area or territory of their own rite may follow completely the established
custom of the place where they live as regards the law of the sacred seasons.
In families of mixed rite it is permissible to observe this law according to
one and the same rite.(26) 22. Eastern clerics and Religious should
celebrate in accordance with the prescriptions and traditions of their own
established custom the Divine Office, which from ancient times has been held
in high honor in all Eastern Churches.(27) The faithful too should follow the
example of their forebears and assist devoutly as occasion allows at the
Divine Office. 23. It belongs to the patriarch with his
synod, or to the supreme authority of each church with the council of the
hierarchs, to regulate the use of languages in the sacred liturgical
functions and, after reference to the Apostolic See, of approving
translations of texts into the vernacular.(28) RELATIONS
WITH THE BRETHREN OF THE SEPARATED CHURCHES 24. The Eastern Churches in communion with
the Apostolic See of Rome have a special duty of promoting the unity of all
Christians, especially Eastern Christians, in accordance with the principles
of the decree, "About Ecumenism," of this Sacred Council, by prayer
in the first place, and by the example of their lives, by religious fidelity
to the ancient Eastern traditions, by a greater knowledge of each other, by
collaboration and a brotherly regard for objects and feelings.(29) 25. If any separated Eastern Christian
should, under the guidance of the grace of the Holy Spirit, join himself to
the unity of Catholics, no more should be required of him than what a bare
profession of the Catholic faith demands. Eastern clerics, seeing that a
valid priesthood is preserved among them, are permitted to exercise the
Orders they possess on joining the unity of the Catholic Church, in
accordance with the regulations established by the competent authority.(30) 26. Common participation in worship
(communicatio in sacris) which harms the unity of the Church or involves
formal acceptance of error or the danger of aberration in the faith, of
scandal and indifferentism, is forbidden by divine law.(32) On the other
hand, pastoral experience shows clearly that, as regards our Eastern
brethren, there should be taken into consideration the different cases of
individuals, where neither the unity of the Church is hurt nor are verified
the dangers that must be avoided, but where the needs of the salvation of
souls and their spiritual good are impelling motives. For that reason the
Catholic Church has always adopted and now adopts rather a mild policy,
offering to all the means of salvation and an example of charity among
Christians, through participation in the sacraments and in other sacred
functions and things. With this in mind, "lest because of the harshness
of our judgment we be an obstacle to those seeking salvation" (31) and
in order more and more to promote union with the Eastern Churches separated
from us, the Sacred Council lays down the following policy. 27. Without prejudice to the principles
noted earlier, Eastern Christians who are in fact separated in good faith
from the Catholic Church, if they ask of their own accord and have the right
dispositions, may be admitted to the sacraments of Penance, the Eucharist and
the Anointing of the Sick. Further, Catholics may ask for these same
sacraments from those non-Catholic ministers whose churches possess valid
sacraments, as often as necessity or a genuine spiritual benefit recommends
such a course and access to a Catholic priest is physically or morally
impossible.(33) 28. Further, given the same principles,
common participation by Catholics with their Eastern separated brethren in
sacred functions, things and places is allowed for a just cause.(34) 29. This conciliatory policy with regard
to "communicatio in sacris" (participation in things sacred) with
the brethren of the separated Eastern Churches is put into the care and control
of the local hierarchs, in order that, by combined counsel among themselves
and, if need be, after consultation also with the hierarchs of the separated
churches, they may by timely and effective regulations and norms direct the
relations among Christians. CONCLUSION
30. The Sacred Council feels great joy in
the fruitful zealous collaboration of the Eastern and the Western Catholic
Churches and at the same time declares: All these directives of law are laid
down in view of the present situation till such time as the Catholic Church
and the separated Eastern Churches come together into complete unity. Meanwhile, however, all Christians,
Eastern as well as Western, are earnestly asked to pray to God fervently and
assiduously, nay, indeed daily, that, with the aid of the most holy Mother of
God, all may become one. Let them pray also that the strength and the
consolation of the Holy Spirit may descend copiously upon all those many
Christians of whatsoever church they be who endure suffering and deprivations
for their unwavering avowal of the name of Christ. "Love one another with fraternal
charity, anticipating one another with honor". (Rom.12,10.) Each and all these matters which are set
forth in this decree have been favorably voted on by the Fathers of the
Council. And we, by the apostolic authority given us by Christ and in union
with the Fathers, approve, decree and establish them in the Holy Spirit and
command that they be promulgated for the glory of God. Given in Rome at St. Peter's, November
21, 1964 NOTES (1) Leo XIII, Litt. Ap. Orientalium
dignitas, 30 nov. 1894, in Leonis XIII Acta, vol. XIV, pp. 201-202. (2) S. Leo IX, Litt. In terra pax, an.
1053: Ut enim; Innocentius III, Synodus Lateranensis IV, an. 1215, cap. IV: .
Licet Graccos; Litt. Inter quatuor, 2 aug. 1206: Postulasti postmodum;
Innocentius IV, Ep. Cum de cetero, 27 aug. 1247; Ep. Sub catholicae, 6 mart.
1254, proem.; Nicolaus III, Instructio Istud est memoriale, 9 oct. 1278; Leo
X, Litt. Ap. Accepimus nuper, 18 maii 1521; Paulus III, Litt. Ap. Dudum, 23
dec. 1534; Pius IV, Const. Romanus Pontifex, 16 febr. 1564, 5; Clemens VIII,
Const. Magnus Dominus, 23 dec. 1595, 10; Paulus V, Const. Solet circumspeata,
10 dec. 1615, 3; Benedictus XIV, Ep. Enc. Demandatam, 24 dec. 1743, 3; Ep. Enc.
Allatae sunt, 26 iun. 1755, 3, 6-19, 32; Pius VI, Litt. Enc. Catholicae
communionis, 24 maii 1787; Pius IX, Litt. In suprema, 6 ian. 1848, 3; Litt.
Ap. Ecclesiam Christ;, 26 nov. 1853; Const. Romani Pontificis, 6 ian. 1862;
Leo XIII, Litt. Ap. Praeclara, 20 iun. 1894, n. 7; Litt. Ap. Orientalium
dignitas, 30 nov. 1894, proem.; etc. (3) Pius XII, Motu proprio Cleri
sanctitati, 2 iun. 1957, can. 4. (4) Pius XII, Motu proprio Cleri
sanctitati, 2 iun. 1957, can. 8: sine licentia Sedis Apostolicae, sequendo
praxim saeculorum praecedentium; item quoad baptizatos acatholicos in can. 11
habetur: ritum quem maluerint am plecti possunt; in textu proposito
disponitur modo positivo observantia ritus pro omnibus et ubique terrarum. (5) Cfr. Leo XIII, Litt. Ap. Orientalium
dignitas, 30 nov. 1894; Ep. Ap. Praeclara gratulationis, 20 iun. 1894, et
documenta in nota 2 allata. (6) Cfr. Benedictus XV, Motu proprio
Orientis catholici, 15 oct. 1917, Pius XI, Litt. Enc. Rerum orientalium, 8
sept. 1928, etc. (7) Praxis Ecclesiae catholicae temporibus
Pii XI, Pii XII, Ioannis XXIII motum hunc abunde demonstrat. (8) Cfr. Synodum Nicaenam I, can. 6;
Constantinopolitanam I, can. 2 et 3; Chalcedonensem, can. 28; can. 9;
Constantinopolitanam IV can. 17; can. 21; Lateranensem IV can. 5; can. 30;
Florentinam, Decr. pro. Graecis; etc. (9) Gfr. Synodum Nicaenam I, can. 6,
Constantinopolitanam I, can. 3; Constantinopolitanam IV, can. 17, Pius XII,
Motu proprio Cleri sanctitati, can. 216; 2, 1 . (10) In Synodis Oecumenicis: Nicaena I,
can. 6; Constantinopolitana I, can. 3; Constantinopolitana IV, can. 21;
Lateranensi IV, can. 5; Florentina, decr. pro Graecis, 6 iul. 1439, 9. Cfr.
Pius XII, Motu proprio Cleri sanctitati, 2 iun. 1957, can. 219, etc. (11) Cfr. supra, nota 8. (12) Cfr. Synodum Ephesinam, can. 8;
Clemens VII, Decet Romanum Pontificem, 23 febr. 1596; Pius VII, Litt. Ap. In
universalis Ecclesiae, 22 febr. 1807; Pius XII Motu proprio Cleri sanctitati,
2 iun. 1957, can. 324-327; Syn. Carthaginen., an. 419, can. 17. (13) Syn. Carthaginen., an. 419, can. 17
et 57; Chalcedonensis, an. 451, can. 12; S. Innocentius I, Litt. Et onus et
honor, a. c. 415: Nam quid sciscitaris; S. Nicolaus I, Litt. Ad consulta
vestra, 13 nov. 866: A quo autem; Innocentius III, Litt. Rex regum, 25 feb
1204; Leo XII, Const. Ap. Petrus Apostolorum Princeps, 15 aug 1824; Leo XIII,
Litt. Ap. Christi Domini, an. 1895; Pius XII, Motu proprio Cleri sanctitati,
2 iun 1957, can. 159. (14) Cfr. Innocentius IV, Ep Sub
catholicae, 6 mart. 1264; 3, n. 4; Syn. Lugdunensis II, an. 1274 (professio
fidei Michaelis Palaeologi Gregorio X oblata); Eugenius IV, in Syn.
Florentina, Const. Exsultate Deo, 22 nov. 1439, 11; Clemens VIII, Instr.
Sanctissimus, 31 aug. 1595; Benedictus XIV. Const. Etsi pastoralis, 26 maii
1742, II, n. 1, III, n. 1, etc.; Synodus Laodicena, an. 347/381, can. 48;
Syn. Sisen. Armenorum, an. 1342; Synodus Libanen. Maronitarum, an. 1736, P.
II, Cap. III n. 2, et aliae Synodi particulares. (15) Cfr. S.C.S. Officii, Instr. (ad Ep.
Scepusien.), an. 1783; S.C. de Prop. Fide (pro Coptis), 15 mart. 1790, n.
XIII; Decr. 6 oct. 1863, C, a; S.C. pro Eccl. Orient. 1 maii 1948; S.C.S.
Officii, resp. 22 apr. 1896 cum litt. 19 maii 1896. (16) CIC, can. 782, 4; S.C. pra Eccl.
Orient., Decretum . de Sacramento Confirmationis administrando etiam
fidelibus orientalibus a presbyteris latini ritus, qui hoc indulto gaudeant
pro fidelibus sui ritus, 1 maii 1948. (17) Cfr. Syn. Laodicen., an. 347/381,
can. 29; S. Nicephorus CP., cap. 14; Syn. Duinen. Armenorum, an. 719, can.
31; S. Theodorus Studita, sermo 21; S. Nicolaus I, Litt. Ad consulta vestra,
13 nov. 866: In quorum Apostolorum; Nos cupitis; Quod interrogatis; Praeterea
consulitis; Si die Dominico; et Synodi particulares. (18) Novum quid, saltem ubi viget
obligatio audiendi S. Liturgiam; ceterum cohaeret diei liturgicae apud
Orientales. (19) Cfr. Canones Apostolorum, 8 et 9;
Syn. Antiochena, an. 341, can. 2; Timotheus Alexandrinus, interrogat. 3;
Innocentius III, Const. Quia divinae, 4 ian. 1215; et plurimae Synodi
particulares Ecclesiarum Orientalium recentiores. (20) Salva territorialitate
iurisdictionis, canon providere intendit, in bonum animarum, pluralitati
iurisdictionis in eodem territorio. (21) Cfr. Syn. Nicaena I, can. 18; Syn.
Neocaesarien., an. 314/ 325, can. 12; Syn. Sardicen., an. 343, can. 8; S. Leo
M., Litt. Omnium quidem, 13 ian. 444; Syn. Chalcedonen., can. 6; Syn.
Constantinopolitana IV, can. 23, 26; etc. (22) Subdiaconatus consideratur apud
Ecclesias Orientales plures Ordo minor, sed Motu proprio Pii XII, Cleri
sanctitati, ei praescribuntur obligationes Ordinum maiorum. Canon proponit ut
redeatur ad disciplinam antiquam singularum Ecclesiarum quoad obligationes
subdiaconorum, in derogationem iuris communis Cleri sanctitati. (23) Cfr. Pius XII, Motu proprio Crebrae
allatae, 22 febr. 1949, can. 32, 2, n. 5 (facultas patriarcharum dispensandi
a forma); Pius XII, Motu proprio Cleri sanctitati, 2 iun. 1957, can. 267
(facultas patriarcharum sanandi in radice); S.C.S. Offici et S.C. pro Eccl.
Orient., an. 1957 concedunt facultatem dispensandi a forma et sanandi ob
defectum formae (ad quinquennium): extra patriarchatus, Metropolitis,
ceterisque Ordinariis locorum... qui nullum habent Superiorem infra Sanctam
Sedem. (24) Cfr. S. Leo M., Litt. Quod
saepissime, 15 apr. 454: Petitionem autem; S. Nicephorus CP., cap. 13; Syn.
Sergii Patriarchae 18 sept. 1596; can. 17; Pius VI Litt. Ap. Assueto paterne,
8 apr. 1775; etc. (25) Cfr. Syn. Vaticana II Const. De Sacra
Liturgia, 4 dec. 1963. (26) Cfr. Clemens VIII, Instr.
Sanctissimus, 31 aug. 1595, 6: Si ipsi graeci; S.C.S. Officii, 7 iun. 1673,
ad 1 et 3; 13 mart. 1727, ad 1; S.C. de Prop. Fide, Decret. 18 aug. 1913,
art. 33; Decret. 14 aug. 1914, art. 27; Decret. 27 mart. 1916, art. 14; S.C.
pro Eccl. Orient., Decret. 1 mart. 1929, art. 36; Decret. 4 maii 1930 art.
41. (27) Cfr. Syn. Laodicen., 347/381, can.
18; Syn. Mar Issaci Chaldaeorum, an. 410, can. 15; S. Nerses Glaien.
Armenorum, an. 1166; Innocentius IV Ep. Sub catholicae, 6 mart. 1254, 8; Benedictus
XIV, Const. Etsi pastoralis 26 maii 1742, 7, n. 5; Inst. Eo quamvis tempore,
4 maii 1745 42 ss.; et Synodi particulares recentiores:Armenorum (1911)
Coptorum (1898), Maronitarurn (1736), Rumenorum (1872), Ruthenorum (1891),
Syrorum (1888). (28) Ex traditione orientali. (29) Ex tenore Bullarum unionis singularum
Ecclesiarum orientalium catholicarum. (30) Obligatio synodalis quoad fratres
seiunctos orientales et quoad omnes Ordines cuiuscumque gradus tum iuris
divini tum ecclesiastici. (31) Haec doctrina valet etiam in
Ecclesiis seiunctis. (32) S. Basilius M., Epistula canonica ad
Amphilochium, PG. 32, 669 B. (33) Fundamentum mitigationisconsideratur:
1) validitas sacramentorum; 2) bona fides et dispositio; 3) necessitas
salutis aeternae; 4) absentia sacerdotis proprii; 5) exclusio periculorum
vitandorum et formalis adhaesionis errori. (34) Agitur de s. d. communicatione in
sacris extrasacramentali, Concilium est quod mitigationem concedit, servatis
servandis. |
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