This document, by Fr. Nick Rachford, illustrates that there are no canonical obstacles for any Eastern Catholic Church in America which prevent them from ordaining native-born married men to the priesthood in North America.
If your current Ruthenian Catholic Church will not ordain married men to the priesthood, then maybe Alex is right . . . Perhaps you should join the
other Ruthenian Catholic Church in America, known as the Ukrainian Catholic Church. Or perhaps we could do the most Christian and logical act, and
re-unite our two Ruthenian Churches into one Ruthenian Church.
SUMMARY OF DOCUMENTS CONCERNING MARRIED EASTERN-RITE PRIESTS IN THE UNITED
STATES
All rights reserved by the author
Fr. Nick Rachford
The first document restricting the married presbyterate in the United States
was the Apostolic Letter of Pope Pius X, Ea semper, dated 16 Sept., 1907.
(Text in Latin in Acta Sanctae Sedis, vol. 41, 1908, pgs. 3-12).
Among other things, in Chapter II it treated of the status of the clergy.
Article X of Chapter II states that, in future, the foreign-born clergy were
to be replaced by candidates educated in America. However, only those who
were celibate now and would be in the future were to be promoted to sacred
Orders.
Article XI refers to the situation in the meantime. Until there are enough
native-born clergy the Sacred Congregation for the Propagation of the Faith
for Affairs of the Eastern Rite will take care of it.
Article XII stipulates that the priests to be chosen are to be celibate, or
at least widowers without children, have integrity of life, be outstanding in
zeal and piety, sufficiently learned, not eager for money and a stranger to
political factions.
Next is the decree of the Sacred Congregation for the Propagation of the
Faith for the Affairs of the Eastern Rites, Cum episcopo, Aug. 17, 1914.
(Latin text in Acta Apostolicae Sedis (AAS), vol. 6, 1914, pgs. 458-463). The
decree was to be in effect for 10 years. The intention stated in the first
paragraph "to establish laws concerning the spiritual administration of the
Greek-Ruthenian Church in the said region (United States of America).
The chapter headings parallel those of Ea semper and the material treated is
essentially the same. It is useful here to quote at length from Article 10.
"Greek-Ruthenian priests designated for the regions of the United States of
America are to be educated in a proper Ruthenian-American seminary, for even
in other colleges, whether in America or outside America, according to the
need of the Ruthenian Church and the judgment of the Ruthenian bishops. That
the Greek-Ruthenian Church may praiseworthily grow in the United States of
America, can carry out and expand its providential mission among the
Greek-Ruthenians, it is necessary for it to have priests of integrity of
life, outstanding in zeal and piety, sufficiently learned, not eager for
money and a stranger to political factions."
In the whole of this article no mention is made that these seminarians must
be and remain celibate as did Ea semper.
However, Article 11 treats of securing priests from the Ruthenian bishops of
Galicia or Hungary, going through the Sacred Congregation for the Propagation
of the Faith for the Affairs of the Oriental Rite. There is no mention of any
restriction on married priests coming to the United States to minister to the
Greek-Ruthenian faithful.
Also of significance is the treatment of conferral of chrismation by
Greek-Catholic priests. Ea Semper had specifically prohibited it, stating
that such an administration by a presbyter would be invalid. ("Presbyteris
ruthenis in America commorantibus penitus interdicitur, ne baptizatos sacro
Chrismate consignent; et si secus fecerint, sciant se invalide egisse.").
This prohibition is not repeated in Cum episcopo of 1914, nor in any
subsequent one of the documents relative to the Ruthenian Church in the
United States. In the footnotes to The Documents of Vatican II (Abbott,
Walter M., S. J., America Press, 1966, pg. 379, footnote 27) we read, "By
going back to the primitive tradition, the Council very fortunately settles
once and for all a question which has raised many conflicts in the past. In
the apostolic letter Ea Semper of 1907, the Holy see had deprived the
Byzantine rite priests in the United States of their right administer the
sacrament of confirmation, but the opposition was so great that it had to be
tacitly restored seven years later..." Here is another, verified, example of
a change in law made by omitting its repetition in a document that reorders a
previous one.
The next document was Cum data fuerit, issued by the Sacred Congregation for
Eastern Churches on March 1, 1929. The decree was to be effective for 10
years. (Latin text is in AAS, vol. 21, 1921, pgs. 152-159. An English
translation is available in Canon Law Digest (CLD), vol. 1, pages 6-16.
The opening paragraphs state, "The... Cardinals in full session ...decided to
revise the opportune laws enacted by the Sacred Congregation for the
Propagation of the Faith pro the Affairs of the Eastern Rites on 17 Aug.
1914, (which had expired on Aug. 18, 1924) and to reenact them so revised, by
the present Decree regarding the spiritual administration of the two
bishoprics of the Greek-Ruthenian rite in the aforesaid territory. (latas die
17 Augusti 1914, eo modo qui sequitur visum est noviter aptare, easdemque
praesenti decreto iterum ferre, circa spiritualem administrationem duorum
Ordinariatuum graeco-rutheni ritus in praedicta regione.)
Article 3 states, "The said Bishops have the right and power to rule and
govern their flock and to establish laws and statutes in matters which are
not contrary to the common law. Their chief function will be to see that
doctrine and good morals as well as the rites and discipline peculiar to this
Church be observed faithfully and in their entirety. (emphasis that of the
author)
Article 11 makes mention of seminarians. The text repeats part of what was in
Ea semper but does not include the requirement to take the vow of celibacy
before being admitted to ordination. "In the meantime let the clerics attend
a Latin seminary designated by the Ordinary; and let them have one or two
priests of their rite to instruct them thoroughly and carefully in their own
rite and Liturgy."
Article 12 includes the directive, "In the meantime, as has already several
times been provided, priests of the Greek-Ruthenian rite who wish to go to
the United States of North America and stay there, must be celibates."
Unlike Ea semper, This is the only mention of a required celibacy for
priests. Since Cum data fuerit revised and reenacted the laws of Ea semper,
the requirement of that document that only those taking a vow of celibacy be
admitted into the seminary was not reenacted. In virtue of canonical
principle in practice then and now. "If the later law is equally general or
equally particular with the former one, then the later law repeals the former
one in only three cases: (a) if it contains an explicit statement to that
effect, a repealing clause; (b) if it is directly contrary to the former law,
so that it is evidently impossible for the two to stand together; (c) if it
deals with the entire subject matter of the former law." (Canon Law: A Text
and Commentary, Bouscaren, Ellis and Korth, fourth edition, 1963, pg. 36).
Reference is to canon 22 in the Codex iuris canonici (CIC) of 1917; canon 20,
Codex iuris canonici, 1983; Codex Canonum Ecclesiarum Orientalium, (CCEO)
1990.
Another principle of interpretation of law is that ecclesiastical laws are to
be understood according to the proper meaning of words considered in the text
and the context; if a doubt still remains recourse is to be had to parallel
places in the Code, to the purpose of the law and to the mind of the
legislator. Reference is to canon 18, CIC, 1917; canon 17 CIC, 1983; canon
1499 CCEO, 1990.
A final principle of law that must be considered here is that laws which
establish a penalty, or restrict the free exercise of rights or contain an
exception to the law are to be interpreted strictly. Reference is to canon
19, CIC, 1917; canon 18, CIC, 1983; canon 1500, CCEO, 1990.
Looking at the text and context of Ea semper and Cum data fuerit one sees
easily enough that Cum data fuerit treats the same matters as Ea semper. In
fact, the chapter titles are the same in both documents, as many of the
article numbers.
In the light of this and the text that states, "...Cardinals in full session
...decided to revise the opportune laws enacted by the S.C. Prop. Fid. pro
Negotiis Rituum Orientalium on 17 Aug. 1914, and to reenact them so revised,
by the present Decree regarding the spiritual administration of the two
bishoprics of the Greek-Ruthenian rite in the aforesaid territory." it is
clear that it deals with the entire subject matter (totam de integra ordinet
legis prioris materiam) of the former law and principle (c) of the canons
about abrogation of prior law would apply to Cum data fuerit. Since it makes
no mention of a requirement of celibacy for ordination of native-born clergy,
it seem that the conclusion one must make is that this portion of Ea semper
was abrogated with the promulgation of Cum data fuerit.
A final point is that related to the legal principle that laws which restrict
the free exercise of rights or contain an exception to the law are to be
interpreted strictly. Most would agree that married clergy is a right of the
Greek-Ruthenian Church, and was explicitly included as such is the conditions
of the Union of Uzhorod. This point, in conjunction with the decree's
statement italicized above that the bishops are to see that the, "discipline
peculiar to this Church be observed faithfully and in their entirety", would
further argue that Ea semper's requirement of a celibate native-born clergy
would no longer be in force.
The next pertinent decree, Qua sollerti, Dec. 23, 1929, (Latin text in AAS,
vol. 22, 1930, pgs. 99-105; English translation in CLD, vol. 1, pgs. 17-24)
states in its opening paragraphs, "And to this end appropriate laws and
decrees have very often been enacted by the Holy See.
"But since in the course of time these laws and decrees have either not been
well understood or have passed, as it were, into oblivion, and not a few
abuses have arisen of such a nature as to be likely to cause serious
detriment of good priests of the Oriental rite, this Sacred Congregation has
deemed it opportune and even necessary to mention those laws and decrees once
more, and to restore them, especially for the purpose of providing more
effectively for the spiritual welfare of the faithful of the Oriental rite."
With this stated intention on the part of the Congregation it is to be noted
that, again, there is no mention of ordaining only those men who are and will
remain celibate, although it requests Latin ordinaries, "Also and especially
they should foster ecclesiastical vocations in the native-born children of
those faithful of the Oriental rite, and see that they be not only trained to
piety and instructed in ecclesiastical studies, but also, after consulting
this Sacred Congregation, that they be duly instructed in their own rite, and
ordained."
Article 6 repeats the prohibition of married priests from exercising ministry
in the United States, "Secular priests who have a wife shall not be admitted
to exercise the sacred ministry in these countries, but only celibate priests
or widowers. Widowers may, however, for just cause, be excluded by this
Sacred Congregation from those dioceses and places in which they may have
children living or in any way present; and the same is true of the adjoining
localities."
Article 18 establishes, "The Ruthenians, however, who go to the United States
of America or to Canada, to exercise spiritual ministry under the
jurisdiction of Ordinaries of their own rite, are to observe the special
decrees which have been enacted by this Sacred Oriental Congregation." Canon
Law Digest places a footnote on this article, "For the U.S., Decree of 1
Mar., 1929, AAS 21-152, reported above." The reference here is to Cum data
fuerit.
In the decree of the Sacred Congregation for Eastern Churches, Per Decretum,
of Nov. 23, 1940, the provisions of Cum data fuerit were extended for another
10 years, with a few modifications none of which concerned a celibate clergy.
This is the last decree for the Ruthenians in the United States treating of
these matters. There was no decree issued on or before 1950, the end of the
period for which it was enacted. In the light of this it is clear that even
those special provisions which were in force went out of force on Nov. 24,
1950.
Not until 1957 is there further legislation about priests. This is the motu
proprio of Pope Pius XII, Cleri sanctitati of June 2, 1957, promulgating
canon law for the Eastern Churches (published in AAS, vol. 49, 1957, page 433
ff.).
Canons 68-75 are the ones relevant to this discussion. These canons do not
legislate a celibate presbyterate. They praise the celibacy of clerics, state
that subdeacons and clerics in major orders cannot contract marriage, note
that this new legislation changes nothing about admitting married men to the
subdiaconate or major orders either absolutely or with dispensation from
either the patriarch or local hierarch. Finally (canon 72) refers to marriage
of clerics below subdeacon and ordination of married men in those rites in
which married clergy are not permitted (note that the reference is to "rites"
and not to specific jurisdictions, v.g. eparchies, of some rite).
It seems proper from the foregoing that it is a correct canonical conclusion
that there is currently no law in force in the United States prohibiting the
ordination of native-born married men to the presbyterate, nor has there been
since Cum data fuerit, March 1, 1929.
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