Membership in the Catholic Church: an Analysis from the Perspective of Church Law

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Membership in the Catholic Church: An Analysis from the Perspective of Church Law

MY THESIS

Table of Contents

Introduction………………………………………………………………………...... 1

Chapter I: The Nature of Membership in the Catholic Church According to the 1917 Code of Canon Law………….………………………….………………….....3 1. Analysis of Canon 87…………………………………………………………..4 Personhood: Rights and Obligations…..……………....………………….4 Church of Christ….….………..…….………………………………..…...6 Bellarmine……………………………………………………….………..7 2. Analysis of Canon 12…………………………………………………………..8 Those Subject to Ecclesiastical Law……………………………………...9 Exception: Baptized Non-Catholics……………………..…………..…..10 3. Mystici Corporis : Membership in the Church………………………………...14 Church of Christ and the Catholic Church………..……………………...14 Incorporation…………………………………………….……………....15

Chapter II: Vatican II: Incorporation and Communion According to Canons 96 and 205……………………………………...... 18 1. Analysis of Incorporation and Lumen Gentium 14…………………………....18 2. Analysis of Canon 96……………………………………………………....….22 Canon 204: The Term "Subsists" in the Church of Christ…………….…...26 3. Analysis of Canon 205……………………………………………..………….27

Chapter III: Joining the Catholic Church from a Juridical Perspective……………...…..33 1. Introduction…………………………………………………………….……..33 2. Ecumenism in Context: Graces Shared through Common Ecclesial Elements………………………………………………………….…………..33 3. Communicatio in sacris: Analysis of canon 844 §1,§3-4………………….....36 4. Intention of the Candidate to Enter into Communion with the Catholic ii

Church…………………………………………………….……………….....42 5. The Role of the Pastor in the Process: Canon 843§2…………..…………...... 47

Conclusion………………………………………………………………...... 51

Bibliography……………………………………………………………………………..53

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Introduction

Baptism is the sacrament of salvation which brings one into communion with

Christ's faithful. One who receives baptism not only enters into communion with Christ's faithful but also enters into communion with the Catholic Church, the truest instrument of salvation. Those baptized outside the Catholic Church, however, only enjoy imperfect communion with the Catholic Church; whereas those who were baptized into the Catholic

Church enjoy full communion.

In this thesis, we will analyze the significance of entering into full communion with the Catholic Church. In chapter one, we will first study membership in the Catholic

Church under the 1917 Code in canons 87 and 12. The concept of membership will be further developed from the encyclical, Mystici Corporis Christi of Pius XII. When discussing membership under the 1917 code, it will be necessary to analyze the rights and obligations that flow from membership and the subjects of these rights and obligations.

Chapter two, develops the concept of full communion. It will be important to determine what constitutes incorporation in canon 96 of the 1983 code. This dovetails with canon

204 of the 1983 code, which further develops the concept of incorporation by describing the baptized person as being part of Christ's body, the Church. Canons 96 and 204 will provide a foundation for discussing the nature of full communion with the Catholic

Church in canon 205.

In chapter three, we will close with how one may acquire full communion with the Catholic Church. We will start by looking at the actual bonds of communion that other ecclesial communities and churches share with the Catholic Church. Communicatio in sacris in canon 844, is necessary for illustrating the bonds of communion that ecclesial communities and churches have with the Catholic Church. The process of entering into full communion with the Catholic Church will begin with canon 788 for those who are not baptized and canon 889 for those who are baptized. We will conclude with the pastor's essential role in the process of bringing the inquirer into full communion with the

Catholic Church according to canon 843§2.

Chapter I: Membership in the Catholic Church According to the 1917 Code

of Canon Law and Mystici Corporis

In this chapter, we will analyze the nature of membership in the Catholic Church based upon the 1917 Code of Canon Law and Mystici Corporis . To proceed systematically and logically, we will focus on two canons, 87 and 12. Further development of the concept of membership will be drawn from Pius XII's encyclical

Mystici Corporis Christi .1 It is important to note that the term membership has a meaning that changes within certain contexts. A good example can be seen in Charles Augustine's

Commentary on the New Code of Canon Law : "…because by Baptism a man becomes a member of the Church, although there may be, here and now, an obstacle preventing him from being an actual member." 2 Through baptism, one becomes a member in the

Catholic Church. However, membership can be interpreted as actual membership in terms of the rights and obligations that one may enjoy. Therefore, validly baptized non-

Catholics are members of the Catholic Church but not members in the sense that they enjoy rights and obligations in the same way as baptized Catholics do.

1 Given the juridical nature of this thesis, the theological issues cannot be dealt with in depth in this thesis. Please refer to Mystici Corporis of Pius XII for a thorough treatment of these matters: Pius XII, encyclical letter, Mystici Corporis Christ i, 29 June 1943. Acta Apostolicae Sedis ( hereafter AAS) 35 (1943). English translation from: Johannes Feiner, “Chapter 1. Catholic Principles of Ecumenism” in Commentary on the Documents of Vatican II , ed. Herbert Vorgrimler, 5 v. (New York, Herder and Herder, 1967) 2. 2 Charles Augustine, Commentary on the New Code of Canon Law , (London: B. Herder, 1918) 1: 88.

1. Analysis of Canon 87

To understand the essence of membership in the Catholic Church under the 1917 code it is necessary to begin our analysis with canon 87:

By baptism a man is constituted a person in the Church of Christ with all of the rights and duties of Christians unless, in what applies to rights some bar obstructs, impeding the bond of ecclesiastical communion, or there is a censure laid down by the Church. 3

Personhood: Rights and Obligations

Canon 87 defined who a person was in the Catholic Church. When an individual received baptism, he is constituted a person in Christ's Church and acquired rights and obligations. Christ's Church has a destiny that is supernatural in nature. Only individuals who receive baptism are able to participate in the sacramental assistance offered by the

Church to achieve their divine end. Baptism results in the rights that Christians enjoy universally.

Given that baptism confers rights, it is important to analyze the level at which an individual holds rights. Every person who receives baptism has the same capacity to have rights. From this, it is apparent that every baptized individual may have the same number of rights. However, there are several conditions that determine who has more or fewer rights based on their connection with the Catholic Church. The state in life of a baptized person considers the number of individual rights he can exercise. For example,

3 Codex Iuris Canonici Pii X Pontificis Maximi iussu digestus Benedicti Papae XV auctoritate promulgatus (Westminster, Maryland: The Newman Press, 1957). Hereafter CIC 1917. English translation for the 1917 Code from Edward N. Peters, The 1917 Pio-Benedictine Code of Canon Law (San Francisco: Ignatius, 2001):"Baptismate homo constituitur in Ecclesia Christi persona cum omnibus christianorum iuribus et officiis, nisi, ad iura quod attinet, obstet obex, ecclesiasticae communionis vinculum impediens, vel lata ab Ecclesia censura."

5 a cleric will have more rights than a layperson. Essentially, there are various situations according the nature of positive law that dictate how many individual rights a person may exercise in the Church. 4

However, even though a person has possession of certain individual rights, this does not mean that he has the right to exercise them at every time and in every situation.

This is indicated by the nisi clause in canon 87 which made evident that the exercise of rights can be limited. Rights can be limited by an obex, that is, an impediment that prevents one from having communion with the Church thus limiting the rights one enjoys. One can lose the exercise of his rights in two ways: through a censure that the

Catholic Church imposes or if one decides to depart the Catholic faith by heresy, schism, or apostasy. Hence, there are factors that can prevent the capacity for rights and possessing juridic personality from having their full effect. Certain controls and restrictions can be placed on using rights that are derived from natural law for the welfare of the human race and the overall common good. This principle is also relevant for the

Catholic Church. There may be circumstances in which rights given by the Church have to be regulated in a critical way through the imposition of canonical sanctions. 5

Even though an individual receives baptism outside the Catholic Church, he still has a juridic bond that submits him to the authority of the Church whether or not he wants to enter into communion with the Catholic Church. This is the case because there is only

4 Albert A. Reed, The Juridical Aspect of Incorporation into the Church of Christ – Canon 87 (Cathagena, Ohio: The Messenger Press, 1960) 61-62. 5 Ibid., 62.

6 one true Church and one baptism instituted by Christ. Christ, the founder of the Church, established that baptism is essential for entering the Church; therefore, anyone who seeks valid baptism necessarily becomes a member of the Church. This may cause one to ask if those who receive valid baptism outside the Catholic Church are in a state of sin. Since this is based usually on ignorance and error, in many situations these individuals are not in a state of sin because they are operating in good faith.6 Therefore, one who receives valid baptism receives an indelible character that incorporates him externally to the

Church and gives him juridic personality; he is permanently juridically bound by baptism to the Church. 7

Church of Christ

A significant phrase appeared in canon 87: "Church of Christ." The use of this phrase here and elsewhere in the 1917 code led one to the conclusion that "Church of

Christ" is the Catholic Church. Gommar Michiels confirmed this fact in his commentaries. He stressed that the Church of Christ is the one true Church which is the

Catholic Church instituted by Christ. He quoted Saint Augustine who taught that one can only recognize one Church and that was the Catholic Church. The 1917 code did not recognize other ecclesial communities and churches separated from the Catholic Church;

6 Ibid., 45. 7 Ibid., 46.

7 only the Catholic Church was the one true Church. 8 Pius XII, in Mystici Corporis Christi

13, reinforces this when he states:

If we would define and describe this true Church of Jesus Christ - which is the One, Holy, Catholic, Apostolic and Roman Church we shall find nothing more noble, more sublime, or more divine than the expression "the Mystical Body of Christ" - an expression which springs from and is, as it were, the fair flowering of the repeated teaching of the Sacred Scriptures and the Holy Fathers. 9

Bellarmine

Cardinal Bellarmine's theological writings strongly influenced the theology of the

Church which Pius XII expressed in his encyclical Mystici Corporis. This document will be used later in our treatment regarding membership in the Church . Therefore, it is appropriate to use Bellarmine to aid our analysis concerning Church membership.

Bellarmine, in arguing against Calvin's definition of the Church states:

There is only one Church, not two. And this one true Church is the community of men brought together by profession of the true faith and communion in the same sacraments, and under the administration of recognized pastors and especially the sole vicar on earth, the Roman Pontiff. 10

8 De Rose Andrew, "Baptized non-Catholics in CIC 1917," The Church As Communion In The Code of Canon Law Of 1983 (Rome: Pontifica Universitas Urbaniana, 1995), 71. 9 Pius XII, Encyclical Letter, Mystici Corporis Christi , 29 June 1943. Acta Apostolicae Sedis (AAS) 35 (1943) 199: "Iamvero ad definiendam describendamque hanc veracem Christi Ecclesiam — quae sanctā, catholica, apostolica, Romana Ecclesia est — nihil nobilius, nihil praestantius, nihil denique divinius invenitur sententia illa, qua eadem nuncupatur « mysticum Iesu Christi Corpus »; quae quidem sententia ex iis effluit ac veluti efflorescit, quae et in Sacris Litteris et in sanctorum Patrum scriptis crebro proponuntur." De Rose Andrew, 71. 10 Jerome Hamer, O.P., The Church Is A Communion (New York: Sheed and Ward, 1964), 84.

There are three parts to Bellarmine's definition. There must be a profession of faith, sharing in the sacraments of the Church, and recognition of ecclesiastical governance as constitutive of the Church. The central meaning of this definition was its stressing of visibility . Definitions from other theologians stressed the interiority of the believer. Such definitions focused on the interior virtues one had which determined his membership in the Church. This position made the Church invisible in nature. Bellarmine believed that one could find the virtues including the theological virtues of faith, hope, and love in the Church. However,

Bellarmine's definition of the Church does not depend on the presence of virtues when he stated that inner virtue was not necessary for one to be a member of the one true Church.

Rather, the external dimension of faith was of primary importance; this required the profession of faith, sharing in the sacraments and recognition of Church governance. The senses could apprehend outward signs and actions. Bellarmine compared one's membership in the Church to belonging to a certain nationality when he stated, "The

Church is indeed the community of men, as visible and palpable as the community of the

Roman people, or the kingdom of France or the republic of Venice." 11

2. Analysis of Canon 12

Now we turn our attention to how ecclesiastical law affected those subject to it, especially baptized non-Catholics. Let us begin by analyzing canon 12:

Those who have not received baptism are not bound by merely ecclesiastical laws, nor are those baptized who do not enjoy sufficient use of reason, nor are those who, although they have attained the use of

11 As quoted by Hamer, 84.

reason, have not yet completed seven years of age, unless the law expressly provides otherwise. 12

Those Subject to Ecclesiastical Law Some have tried to depict the Church as oppressive when canon law stated that all those who receive valid baptism were to submit to its laws. Some have even stated that intention played a key role concerning whether one was a subject of the Church. Baptism was essential to entering the Church and being among Christ's Faithful. Therefore, such a person would be subject to the laws of the Church. 13

Anyone who received valid baptism receives juridic personality. This involved those who were heretics, apostates, and schismatics as well as those who received baptism in a Christian non-Catholic Church. This was the case because when the legislator drafted canon 87 of the 1917 code he distinguished between baptized and non- baptized people. When a person received baptism, he became a person in Christ's

Church. When the legislator composed canon 87 he could have mentioned that those who received baptism outside the Church were not subject to its laws. The legislator, however, made the law follow the theology concerning baptism, thus making any validly baptized individual subject to the Church's laws. 14

12 CIC 1917, c. 12: "Legibus mere ecclesiasticis non tenentur qui baptismum non receperunt, nec baptizati qui sufficienti rationis usu non gaudent, nec qui, licet rationis usum asecuti, septimum aetatis annum nondum expleverunt, nisi aliud iure expresse caveatur." 13 Ibid., 53-54. 14 Ibid., 62-63. Cf. canons 1070 and 1099.

Exception: Baptized Non-Catholics

Canon 12 described various groups of individuals who were not bound by ecclesiastical laws. This led one to question if it would be possible to interpret the canon as saying that those who were not named in these groups of individuals were subject to ecclesiastical law. 15

Van Hove stated, through negation, canon 12 described those bound by ecclesiastical law. Therefore, those who were not mentioned in the canon were bound by the law of the Church. Those who were not listed among the exceptions in the canon and were bound by ecclesiastical law were those who received valid baptism, namely

Catholics and non-Catholics.

Van Hove described that baptized non-Catholics were bound in a fundamental manner to the ecclesiastical laws of the Church. These individuals were bound because they were considered part of the Church; thus, the Church had the ability to subject them to its law. This was reinforced in the laws of the Church prior to the 1917 code in that there was an intention by the Church to subject baptized non-Catholics to its laws. This was evident in canons 87 and 12 of the 1917 code in that both canons referred to a basic concept, baptism. Finally, one can deduce from this basic concept that non-Catholics were bound to ecclesiastical laws. This was apparent from specific canons in the 1917 code that released non-Catholics from clearly stated obligations.

15 Joseph Aloysius McCloskey, The Subject of Ecclesiastical Law According to Canon 12 , (Washington D.C.: The Catholic University of America Press, 1943) 106.

McCloskey cited two other canonists, Simenon and Clays Bouuaert who contended that through the process of elimination one might conclude from the exceptions in canon 12 who was subject to ecclesiastical law. 16

However, one cannot conclude from this that the exceptions of canon 12 applied to all baptized non-Catholics who had the use of reason. One can only make such a conclusion if one analyzes canon 12 within the context of canons 87, 88 §3, and with the exceptions mentioned in canon 1070 §1, and canon 1099 §2.

Although it appeared one had to refer to canon 12 in the context of other canons to argue that baptized non-Catholics were bound by ecclesiastical law, it still implied that baptized non-Catholics were bound by ecclesiastical law. 17

Therefore, it is important that we return to the term "person" found in canon 87 of the 1917 code. This term was significant in that limits placed on the rights of the baptized impacted only their ability to exercise rights, not to have them. Given this, there was no division in personality: either one possessed personality or he did not. It followed then that those who received valid baptism but were non-Catholic had a link with the

Catholic Church because they had juridic personality. The 1917 code regarded those who were non-Catholic as "acatholicus" which was referenced to those who were Christian or non-Christian. 18 The baptism of Christians outside the Catholic Church had little significance in the 1917 code because they were not active participants in the Catholic

16 Ibid., 106-107. 17 Ibid., 107. 18 Reed, 72.

Church. The only significance non-Catholics had in the Catholic Church was that they had to answer to the authority of the Church because they had juridic capacity. The

Catholic Church did not recognize non-Catholic churches; instead such bodies were regarded as " secta acatholica (cann. 542, §1; 1065; 1240 §1) or secta haeretica seu schismatica (cann. 1060; 1240 §1,1)." 19

Although baptized non-Catholics shared a link with the Church, how did they compare to Catholics who had communion with the Church? To answer this question, it is important to illustrate the relationship of baptized non-Catholics with those who were formal or material heretics, apostates, and schismatics. Canon 1325 §2 of the 1917 code described these categories of people: 20

After the reception of baptism, if anyone, retaining the name Christian, pertinaciously denies or doubts something to be believed from the truth of divine and Catholic faith, [such a one is] a heretic; if he completely turns away from the Christian faith, [such a one is] an apostate; if finally he refuses to be under the Supreme Pontiff or refuses communion with the members of the Church subject to him, he is a schismatic. 21

To live out one's baptismal promises an individual had to profess the faith taught by the Church's magisterium. Hence, if one departed from the Catholic Faith he was no longer in unity with the Church. Even if one were to reject one truth from the Church's magisterium he would break union with the faith. 22 To make this concept clearer it was important to define the following terms: heretics, schismatics, and apostates.

19 Andrew, 72. 20 Reed, 93. 21 CIC 1917, c. 1325 §2: "Post receptum baptismum si quis, nomen retinens christianum, pertinaciter aliquam ex veritatibus fide divina et catholica credendis denegat aut de ea dubitat haereticus; si a fide christiana totaliter recedit, apostata; si denique subesse renuit Summo Pontifici aut cum membris Ecclesiae ei subiectis communicare recusat, schismaticus est." 22 Reed, 93-94.

First, there were the categories of schismatics and apostates. Apostates not only rejected the tenets of the faith, but left the Catholic Faith. An apostate no longer wished to be a member of the Catholic Faith. Such a person left the faith and become an atheist, agnostic, or joined a religion that is non-Christian. 23 A schismatic renounced the authority of the Pope and communion with those who have membership in the Catholic

Church. To be truly schismatic, one could not simply commit a disobedient act; the intention to renounce papal authority was directed at the Pope as Christ's vicar. 24

There were two types of heretics: material heretics and formal heretics. Formal heretics were fully aware of the teachings of the Church and had willfully chosen to deny its teachings. They rejected the Church's authority in regards to faith and morals. Such individuals had cut themselves off from unity with the Church. 25 Then there were material heretics who rejected a tenet of the faith. Even though an individual denied a certain aspect of the faith, it did not mean he was guilty of sin because of his level of culpability. This usually occurred with baptized non-Catholics, unaware of the teachings of the Catholic faith, professing a faith that was not in agreement with the Catholic Faith.

People in this category had limited culpability. Although these individuals were committing error in good faith, they still separated themselves from the teachings of the

Church. Hence, these were material heretics in the eyes of the Church. Baptized non-

Catholics in Christian denominations were recognized as material heretics.

23 Ibid., 100-101. 24 Ibid., 102. 25 Ibid., 94-95.

3. Mystici Corporis : Membership in the Church

Pius XII's encyclical Mystici Corporis , issued on June 29, 1943, had an impact on not only reorienting the Church's ecclesiology, but also clarifying the meaning of membership in the Catholic Church. Pius XII resurrected the concept of communion in terms of the communion Christians had with Christ and among themselves. The encyclical highlighted the concept of communion within a Church that is both visible in terms of being a society and invisible in terms of the mystery of grace. Pius XII tied this with the gift of grace entrusted to the Apostles and their successors, a grace which had its basis in the virtues of faith, hope, and love. 26

Church of Christ and the Catholic Church

To become a member of the Church of Christ, that is the Catholic Church, one must receive baptism. The Church, which consists of Christ's faithful, is a spiritual society. Not only is the Church spiritual in nature, it is also a visible society; therefore, there must be a bond that is visible in nature which involves the member submitting himself to the Church's governing authority. Mystici Corporis 69 illustrates this well:

Now since its Founder willed this social body of Christ to be visible, the cooperation of all its members must also be externally manifest through their profession of the same faith and their sharing the same sacred rites, through participation in the same Sacrifice, and the practical observance of the same laws. Above all, it is absolutely necessary that the Supreme Head, that is, the Vicar of Jesus Christ on earth, be visible to the eyes of all, since it is He who gives effective direction to the work which all do in

26 Hamer, 13.

common in a mutually helpful way towards the attainment of the proposed end. 27

Valid baptism is the only means through which one attains membership in the

Church of Christ. Scripture illustrates this when Paul rebukes the Corinthians who formed meaningless attachments to certain Apostles or to teachers which lead to divisions in the communities. Paul stated that one cannot consider the Church as belonging to individuals such as Paul, Apollos, or Cephas; rather, it belongs to Christ who founded it.

Therefore, one can conclude that the Church like Christ cannot be divided. The Church on earth is the Mystical Body of Christ and will always be one. Hence, if someone is baptized into another faith community such as the Methodists, Baptists, or Episcopalians, one receives valid baptism, and becomes a member of the Church of Christ. This led to the conclusion that those who received valid baptism at any stage of their life from infancy to adulthood became subjects of the Roman Catholic Church. Thus, the baptized who are subject to the Catholic Church are obliged to follow all its laws. 28

Incorporation

Through baptism, one's incorporation into Christ's Body the Church was equivalent to being a member of his Church. The central meaning of the word incorporation is to unify or to combine in such a way to constitute one body. Christ

27 Mystici Corporis , Acta Apostolica Sedis (AAS) 35 (1943) 227: "Quoniam vero, ut supra diximus, sociale eiusmodi Christi Corpus ex Conditoris sui voluntate adspectabile esse debet, conspiratio illa membrorum omnium extrinsecus etiam sese manifestet opus est, cum per eiusdem fidei professionem, tum per eorundem communionem sacrorum, per eiusdemque participationem sacrificii, tum denique per actuosam earundem legum observantiam. Idque praeterea omnino necessarium est, ut in oculis omnium conspicuum adsit supremum Caput, a quo mutua invicem adiutrix omnium opera ad propositum assequendum finem efficienter dirigatur: Iesu Christi dicimus in terris Vicarium." Hamer, 13. 28 Reed, 53.

16 ordained that incorporation of an individual into the Church necessarily involved receiving baptism. The sacrament of Baptism serves as the external sign to identify

Christ's faithful. St. Paul's writings supported this reality, "for in one Spirit we are all baptized into one body, whether Jews or Gentiles, whether slaves or free…" 29 St.

Thomas stated that Baptism brought about the reality of ecclesiastical unity. Baptism confers the Gifts of the Holy Spirit and habitual grace and it wipes away original sin and any actual sin at the time one receives the sacrament.30

Under the 1917 code, the authority of the Catholic Church bound one who received valid baptism. This was the case even for those who were heretics and schismatics; their membership in the Church never ceased because of their status. This inseparability of the members from the Church's authority came from the reality that they had the indelible mark of baptism.

There is an interesting contrast in that those who belong to a secular society can lose their citizenship and their rights, but those who have been baptized and incorporated into the Church never fully lose their membership. The difference is the individual who has received valid baptism receives an indelible character unlike the citizen. Since the baptized individual bears an indelible character, he is always a member of the Church.

Even if a baptized individual were to commit the most objectionable acts contrary to the

Church's laws, he does not forfeit his capacity for fundamental rights in the Catholic

Church. Ontologically, baptism makes one a member of the Church just as one who

29 As quoted by Reed, 43. 30 Ibid., 43.

17 possesses an immortal soul is made a human being. Therefore, it is as inconceivable for one with an immortal soul to cease being a human being, as it would be for one who has been baptized to cease being a member of the Catholic Church. 31

Mystici Corporis and the 1917 code illustrated that membership in the Church is complex. Once one received valid baptism whether a Catholic or non-Catholic he became a member of the Catholic Church. There was a difference regarding those who were baptized non-Catholics in that these individuals did not enjoy rights and obligations in the same manner as Catholics. Also, the Catholic Church was regarded as the one true

Church and the Church of Christ. Therefore, non-Catholic Christian denominations were not considered in communion with the Catholic Church. During the Second Vatican

Council, the concept of communion was broadened and will have significant implications for the understanding of membership in the Church in the 1983 code.

31 Reed, 61.

Chapter II: Vatican II: Incorporation and Communion

According to Canons 96 and 205

In order to understand the meaning of full communion in the Catholic Church, we need to analyze the foundational elements of the concept as found in Lumen Gentium and then turn to two canons constitutive of full communion. Consequently, this chapter will begin with an analysis of Lumen Gentium 14. From this conciliar foundation, we will then turn to two canons: we will first examine canon 96, which focuses upon baptism and one of its effects, namely, the rights and obligations of the Christian faithful. Secondly, we will examine canon 205, which articulates the three-fold obligation of the bonds of faith, sacraments, and ecclesiastical governance.

1. Analysis of Incorporation and Lumen Gentium 14

As we have demonstrated in chapter one, the encyclical Mystici Corporis of Pius

XII emphasized primarily the external reality that the Body of Christ manifests itself visibly: "The Mystical Body of Christ is the Catholic Church." 32

The fathers of the Second Vatican Council realized that they could develop in a deeper way the connection between the Catholic Church and the Mystical Body of Christ.

32 AAS 35 (1943) 193: "Mystici Corporis Christi, quod est Ecclesia." Feiner, 73.

18 19

The Dogmatic Constitution on the Church, Lumen Gentium devised a fuller articulation by stating:

…The society equipped with hierarchical structures and the mystical body of Christ, the visible society and the spiritual community, the earthly church and the church endowed with heavenly riches, are not to be thought of as two realities. On the contrary, they form one complex reality comprising a human and divine element.33

With this refined definition, the Mystical Body of Christ and the Church as a society form one reality that is the Catholic Church, although the two realities are not entirely identical. Individuals validly baptized in a non-Catholic Christian Church are incorporated into the Church of Christ and enjoy communion, although imperfect, with the Catholic Church. This derives from their baptism and their exercise of their faith in

Christ in their Christian community. 34 We are reminded, however, by Lumen Gentium 8, that the Church of Christ subsists in the Catholic Church.

Lumen Gentium distinguishes between full incorporation and full communion. In order to proceed with this analysis it will be necessary to situate it within the context of baptism. Incorporation into the Church of Christ occurs through baptism. In order to treat it as full incorporation the baptism must occur within the Catholic Church where one receives every help for salvation from God.

Also, it is important to make a distinction between levels of incorporation, that is between "incorporation into the Church of Christ" and "full incorporation into the

33 Vatican Council II, Dogmatic Constitution on the Church Lumen Gentium , 21 November 1964. AAS 57 (1965) 11: "Societas autem organis hierarchicis instructa et mysticum Christi Corpus, coetus adspectabilis et communitas spiritualis, Ecclesia terrestris et Ecclesia coelestibus bonis ditata, non ut duae res considerandae sunt, sed unam realitatem complexam efformant, quae humano et divino coalescit elemento." English translation from: Austin Flannery, Vatican Council II: Constitutions, Decrees, and Declarations , (Northport, New York: Costello Publishing Company, 1996) 9. 34 Feiner, 73.

Catholic Church." 35 Lumen Gentium 14 specifies that for one to have "full incorporation into the Catholic Church" one must possess the Spirit of Christ and be faithful to the bonds of profession of faith, governance, and the sacraments and communion. Also, there must exist an interior reality of faith, in essence the person must foster a relationship with God to be fully incorporated.

The connection between baptism and faith has merited study by many theologians especially Karl Rahner. God freely offers his grace to all individuals before they make decisions; it is up to the individual if he wants to act on that grace. The desire and reception of baptism on the part of the individual is a visible acceptance of God's grace.

However, once one has been renewed through the sacrament of baptism he must continue to grow in his personal relationship with God. When one accepts the gift of the sacrament of baptism he must allow it to encompass every aspect of his life.

This contrast now becomes clear in Lumen Gentium 14:

A person who does not persevere in charity, however, is not saved, even though incorporated into the church. Such people remain indeed in the bosom of the church, but only "bodily" not "in their hearts." 36

Grillmeier contrasts incorporation into the Church with salvation when he states:

Incorporation into the Church must ultimately be the fruit of personal decision for God, inspired by love. Without this caritas, to belong to the Church by professing the faith, receiving the sacraments, and acknowledging the government remains external and unavailing for salvation. 37

35 Robert J. Kaslyn, Communion with The Church And The Code Of Canon Law, (Lewiston New York: The Edwin Mellen Press, 1994) 144. 36 AAS 57 (1965) 19: "Non salvatur tamen, licet Ecclesiae incorporetur, qui in caritate non perseverans, in Ecclesiae sinu 'corpore' quidem, sed non 'corde' remanet." Flannery, 20. 37 Aloys Grillmeier, "The People of God," trans. K. Smyth, Commentary on the Documents of Vatican II, volume I ed., Hebert Vorgrimler, (New York: Herder and Herder, 1967) 177.

Incorporation involves one embracing the threefold bond of unity with the

Church: governance, the profession of faith, and the sacraments. One is truly incorporated when he embraces these bonds in a spirit of charity. Communion or communio is similar to full incorporation in this manner but it also involves the internal dimension of one's relationship with God.

Theologically speaking, communio is derived from taking part in God's giving of himself, which is contingent upon the individual freely responding to the gift of God's giving of himself in nurturing this gift within his being. God's offer of himself still holds even if one does not unconditionally accept this offering. When one does not fully accept

God's grace, he keeps it from becoming integrated into his being. 38

However, because one may not choose to act on God's grace and receive it into his life does not mean that he will lose the sacramental character conferred. Rather the person is still "incorporated into the Church" but only in a bodily sense and not in the sense of the heart. Once a person receives valid baptism he can never fully sever himself from the Church. He maintains the status of being "incorporated into the Church." 39

Hence, the fundamental distinction is baptism or non-baptism. If a person is baptized, he is incorporated into the Church. Once an individual is incorporated through baptism, there are degrees of incorporation from simple to full. This also applies to communion deriving from baptism. When one is baptized, he is placed in communion with the Catholic Church. One only enjoys communion in varying degrees with the

Catholic Church. Juridically, the degree to which one has communion or incorporation

38 Kaslyn., 146. 39 Ibid., 146.

22 with the Catholic Church is determined by external factors. However, communion is contingent on the faith that one has in God. 40

2. Analysis of Canon 96

The Second Vatican Council brought significant changes to the Catholic Church's ecclesiology. These developments in the Church's theology heavily influenced the drafting of the present code of canon law. Canon 96 explicitly refers to incorporation into the Church of Christ:

By baptism one is incorporated into the Church of Christ and is constituted a person in it with the duties and rights which are proper to Christians in keeping with their condition, insofar as they are in ecclesiastical communion and unless a legitimately issued sanction stands in the way. 41

Canon 96 describes how one becomes a person recognized by the Church, that is, the means by which a person acquires juridic status.

The text of canon 96 comes from canon 87 of the 1917 CIC as revised through c.

5 §2 of the Lex Ecclesiae Fundamentalis .42 Canon 87 and the new canon 96 treat the subject of personhood, that is, determining those with juridic status within the Church and bound by Church laws. Possessing juridic status means that they possess rights and obligations.

40 Ibid., 147. 41 Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1983) c. 96: "Baptismo homo Ecclesiae Christi incorporantur et in eadem constituitur persona, cum officiis et iuribus quae christianis, attenta quidem eorum condicione, sunt propria, quatenus in ecclesiastica sunt communion et nisi obstet lata legitima sanctio." English translation from Code of Canon Law, Latin- English Edition: New English Translation (Washington, DC: CLSA, 1998). All English translations of canons from this code are taken from this source unless otherwise indicated. 42 Lex Ecclesiae Fundamentalis was a collection of canons initially developed as constituting the introduction both to the Latin and the Eastern Codes.

According to canon 96, when one receives baptism, he is incorporated into

Christ's faithful and becomes a physical person within it. By becoming a person in the

Church an individual who receives valid baptism, acquires rights and obligations which are part of the Christian life. There are two aspects to having personality in the Church.

The first is one acquires rights which are only accorded to the faithful. Second, one is subject to the laws of the Church and the accountability that comes with the status of receiving baptism.43

Canon 96 also states: "in accordance with each one's status, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes." 44 This implies three points.

The first point is that all Christians because of equality enjoy a wide variety of rights and obligations. However, there is diversity within this equality, which means that there are differing obligations because of particular juridical situations within the

Church's legal structure. 45 Canon 208 reinforces this when it says: "From their rebirth in

Christ, there exists among all the Christian faithful a true equality regarding dignity and action by which they all cooperate in the building up of the Body of Christ according to each one’s own condition and function."46

A second point concerning status is that a person who receives baptism is to be in communion with the Church if he is to possess and use the rights and obligations that

43 Amadeo De Fuenmayor, "The Canonical Status of Physical Persons (cc.96-112)," Exegetical Commentary on the Code of Canon Law , ed. Ángel Marzoa et al. (Chicago: Midwest Theological Forum, 2004) 1:693. 44 Ibid., 693. 45 Ibid., 693-694. 46 CIC 1983 , c. 208: "Inter christifideles omnes, ex eorum quidem in Christo regeneratione, vera viget quoad dignitatem et actionem aequalitas, qua cuncti, secundum propriam cuiusque condicionem et munus, ad aedificationem Corporis Christi cooperantur."

24 flow from baptism. 47 Therefore, according to the 1983 code, the level of communion that an individual enjoys with the Catholic Church determines to what degree he or she can exercise rights and obligations that derive from baptism. 48 In order to enjoy full communion, individuals must visibly bind themselves to the threefold bonds of sacraments, profession of faith and governance. 49

The third and final point is that if a sanction has been lawfully declared or imposed, then that person's rights and obligations are negatively impacted.

Excommunication and interdict are the most significant when considering sanctions (see cc. 1331-1332). Other sanctions deal with suspensions, prohibitions, privations, and loss of the exercise of particular rights. Fuenmayor specifically describes the phrase:

"sanction lawfully issued," as follows: "The term 'sanction lawfully issued' includes – besides penal sanctions – those that can be imposed by the law or a competent superior, keeping in mind the provisions of 232 §2: 'it is for the ecclesiastical authority to regulate, in aid of the common good, the exercise of rights proper to the faithful.'" 50 These apply only to baptized Catholics. Even if a Catholic's rights and obligations are restricted through sanctions they still maintain full communion with the Catholic Church.

It is important to note a shift regarding the disposition of baptized non-Catholics in the 1983 code. Reflecting Unitatis Redintegratio , the ius vigens recognizes churches

47 Fuenmayor, 694. 48 Leonard Pivonka, "The Revised Code of Canon Law: Ecumenical Implications," in Jurist 45, (1985). 531 49 Fuenmayor, 694. 50 Fuenmayor, in Marzoa, A. ed. Commentario exegetico al codigo de derecho canonico. (Baranain: Eunsa, 1997) 1:721: "El término 'sanción leģitimamente impuesta' incluye – además de las sanciones penales – las que pueden imponer la ley o el Superior competente, teniendo en cuenta lo dispuesto en el c. 232§2: 'compete a la autoridad eclesiástica regular, en atención al bien común, el ejercicio de los derechos propios de los fieles.'" Exegetical Commentary on the Code of Canon Law , ed. Ángel Marzoa et al. (Chicago: Midwest Theological Forum, 2004)1:694.

25 and ecclesiastical communities that are not in full communion with the Catholic Church as for example in canon 844. Baptism is valid when it is performed in a non-Catholic

Christian church according to canon 869 §2. Therefore, those who receive baptism in a non-Catholic Christian Church or ecclesiastical community become members of that

Christian church and are placed in communion with the Catholic Church. As non-

Catholics they are not bound by the Catholic Church's merely ecclesiastical laws. These laws bind those who were baptized or received into the Catholic Church as described in canon 11.

For the status of those who have not received baptism, the Church cannot recognize them as persons in the Church. Therefore, canon 96 does not apply to them.

However, the non-baptized are mentioned in various canons of the 1983 code. Canon

206 §2 is a good example which describes the non-baptized once they have been accepted into the Catechumenate. Catechumens do not have rights but do enjoy certain prerogatives. Canon 206 §2 states: "The Church has a special care for catechumens; while it invites them to lead a life of the gospel and introduces them to the celebration of sacred rites, it already grants them various prerogatives which are proper to Christians." 51

51 1983 CIC , c. 206 §2: "Catechumenorum specialem curam habet Ecclesia quae, dum eos advitam ducendam evangelicam invitat eosque ad sacros ritus celebrandos introducit, eisdem varias iam largitur praerogativas, quae christianorum sunt propriae."

Canon 204: The Term "Subsists" in the Church of Christ

Canon 204 also treats the matter of incorporation and speaks of those being baptized and incorporated into Christ as carrying out the mission of God in the world. 52

Most importantly canon 204 §2, following Lumen Gentium 8, states:

This Church, constituted and organized in this world as a society, subsists in the Catholic Church governed by the successor of Peter and the bishops in communion with him. 53

Canon 204 §2 employs the term "subsists." There was much discussion over the meaning of this term during the Second Vatican Council. The true sense of the term "subsists" means that one cannot belong to Christ without being part of the Church. In essence, the

Church is Christ's body. 54 This is an important idea when considering one's incorporation and communion with the Catholic Church. Further, canon 204 reflects that Christ's faithful are not only the baptized in the Catholic Church but also the baptized outside the

Catholic Church. This explains the significance of why the word "full" is omitted from canon 204 when it discusses incorporation, because those baptized outside the Catholic

Church are not in full communion with it.55

Canons 96 and 204 both deal with the matter of incorporation and the rights and obligations that flow from baptism. However, both canons approach the matter differently. Canon 96 approaches the concept of incorporation and its juridical implications from a more legal perspective. Canon 96 does this to lead into canons 97

52 Fuenmayor, 692-693. 53 1983 CIC , c. 204 §2: "Haec Ecclesia, in hoc mundo ut societas constituta et ordinata, subsistit in Ecclesia catholica, a successore Petri et Episcopis in eius communione gubernata." 54 J. Willebrands, "Vatican II's Ecclesiology of Communion," in Origins 17:2, (February 17, 1987) 29. 55 Kaslyn, 144.

27 and 112 which are concerned with certain aspects that affect the juridical status of the physical person such as age, domicile, capacity for reason, rite, etc. Canon 204 approaches incorporation from a theological perspective considering the status of the physical person within the context of Christ's faithful and his or her participation in the mission of the Church.

3. Analysis of Canon 205

The Church made visible through baptism leads to further developments as found in canon 205. Canon 205 states:

Those baptized are fully in the communion of the Catholic Church on this earth who are joined with Christ in its visible structure by the bonds of the profession of faith, the sacraments, and ecclesiastical governance. 56

A letter from the CDF entitled Communionis notio , Letter to the Bishops of the

Catholic Church on Some Aspects of the Church Understood as Communion , which was published on May 28, 1992, made clear that the term communion is not a vague notion. 57

Therefore, it is important that this notion contain key elements which expresses the

Church's nature sacramentally, the element of unity that binds the faithful together as one in the Church of Christ. This is the same type of unity reflected among the persons of the

Holy Trinity which ultimately manifests itself visibly in social unity. 58

The most important aspect of communio that is stressed by the letter is that the faithful should live in unity. This unity finds its origin in bonds that start on an

56 1983 CIC , c. 205: "Plene in communione Ecclesiae catholicae his in terris sunt illi baptizati, qui in eius compage visibili cum Christo iunguntur, vinculis nempe professionis fidei, sacramentorum et ecclesiastici regiminis." 57 Congregation for the Doctrine of the Faith, "Letter to the Bishops of the Catholic Church on Some Aspects of the Church Understood as Communion." Origins 22:7, (June 25, 1992): 108-112. 58 Juan Fornes, Exegetical Commentary , 21.

28 ontological level and from involvement in various goals that serve a common end. Thus, this explanation justifies the use of the term "communion" provided that charitable bonds which are the catalysts for Christian unity are not the sole focus, but that the juridical implications are viewed as well. This is apparent in canon 208 which makes it an obligation and in Lumen Gentium paragraph 2 of the Nota explicativa praevia which describes communion: "…It is not to be understood as some vague sort of goodwill , but as something organic which calls for a juridical structure as well as being enkindled by charity." 59

Pope Paul VI emphasized that communio , the bond among all the baptized, is not only spiritual but has a visible social dimension. Therefore, according to Paul VI, the faithful must recognize the Church's legal system or else this external social dimension of communio in Christ can never be realized and will cease to function properly. 60

This merits defining clearly what the three bonds of communion are. Three bonds are enumerated in canon 205 which provides a basis for full communion in the Catholic

Church: sacraments, Church governance, and profession of faith. Canon 205 derives indirectly from Lumen Gentium 14. An essential framework for the canon is established in the Unitatis Redintegratio which illustrates the relationship of churches and communities outside the Catholic Church to the Church of Christ.

It is important to note that canon 205 derives directly from the Lex Ecclesiae

Fundamentalis where the development of this canon can be seen. Canon 205 follows

59 AAS 57 (1965) 73: "Non intelligitur autem de vago quodam affectu, sed de realitate organica, quae iuridicam formam exigit et simul caritate animatur." Flannery, 93. 60 Juan Fornes, Exegetical Commentary , 21.

Lumen Gentium 14 more closely in the 1969 and 1971 editions of the LEF . A significant change in canon 205 can be seen in the 1980 LEF . Two sentences have been omitted from the canon; one, the phrase "possessing Christ's Spirit" and the other concerning communion as a fourth bond. The elimination of these two concepts from the canon, especially the phrase concerning possessing Christ's spirit, has caused much speculation on how to properly interpret this canon. 61

Two canonists offer clarification on this matter. According to De Paolis, the missing phrase concerning possession of the Spirit of Christ has no bearing juridically.

James Provost takes an empirical approach by stating that the canon is confined to legal external factors which establish whether one is a member of the Catholic Church.

Provost notes that the spiritual dimension is not entirely absent from the canon with the presence of the phrase "joined with Christ."62

Therefore, the absence of the phrase about possessing the Spirit of Christ is of little importance. The true essence of communio is the Holy Sprit's presence which is a true sign of the grace of God. The Holy Spirit is especially present during the valid conferral of baptism.

Ultimately, canon 205 does refer to the invisible reality of being united to Christ.

Also, it provides a juridical context for discerning if one has full communion with the

Catholic Church. Difficulties arise, however, in the application of canon law in such a context. A good example would be canon 1055 §2 and the questions that it raises in reference to the sacramental marriage of baptized persons. Because theology and canon

61 Kaslyn, 138-139. 62 Ibid., 140.

30 law have much in common, it is important that canonists consider these commonalities. It will be necessary when considering full communion within the context of Church teaching. Canon law is strictly external in nature and cannot address Christian living in all its complexities. 63 Therefore, it is important to realize that God's salvific mission is not bound by the externals of canon law. The essence of the visible Church transcends the tenets of the law of the Church. 64

Viewing canon 205 from this perspective allows a fuller appreciation of full communion and the importance of the bonds of profession of faith, sacraments, and governance that are necessary for it. The first bond that is called for in canon 205 is the bond of the profession of faith. This interior dimension of faith must be manifested externally through professing one's faith. It is assumed that since one professes his faith externally there is relationship of faith between him and God. A concrete example can be found in canon 865 §1 which enumerates what is required for an adult to receive baptism, while there is a modification in 865 §2 when danger of death is present. In this context, an adult who is in danger of death and is not in the Catechumenate must at least manifest genuine conversion to following Christ to receive the sacrament. Thus, when one professes the Creed, he ratifies the bond of the profession of faith, which assumes that one is responding on some level to the gift of grace from God. 65

The second bond is the sacraments. Baptism is central to the sacramental bond and it serves as a catalyst for unity. This notion of baptism being a unifying factor gained

63 Ibid., 140. 64 J.M.R. Tillard, "Ecclesiology of Communion and Canon Law. The Theological Task of Canon Law: A Theologian's Perspective," in CLSA Proceedings , 58, (1996) 29. 65 Kaslyn, 141-142.

31 momentum during the Second Vatican Council. It is significant that the council emphasized baptism as the instrument for bringing about oneness with Christ.

Elsewhere, there is brief mention made of sharing in sacraments most importantly, the

Eucharist. It is no coincidence that sacramental sharing in the Eucharist comes before the discussion of the order of bishop. This is made apparent in the Unitatis Redintegratio, article 15, paragraph 3 which states that the celebration of the Eucharist is contingent upon true priesthood which comes down through apostolic succession. The use of the concept of true priesthood and apostolic succession in the context of churches and ecclesiastical communities outside the Catholic Church is commented on briefly.

Churches are used for bodies with apostolic succession, whereas ecclesiastical communities refer to those communities without sacred orders. The decree does not go into detail as to what constitutes a church or ecclesiastical community outside the

Catholic Church or what the significance of these terms are in Church dogma or ecclesiology. The term ecclesiastical communities, however, is not a sociological term describing a group of people. Rather, this term points to the possession of the elements found in these communities outside the Catholic Church in the Mystical Body of Christ.

One also does not find the terms heretic and schismatic or anything distinguishing the difference between these terms in the Unitatis Redintegratio . The terms "ecclesiastical communities" and "churches" have taken the place of these terms. 66

The bond of governance is the third bond which deals with the hierarchical structure of the Church. In the 1983 CIC , the section called "The Hierarchical

66 Feiner, 179.

Constitution of the Church" covers canons 330-572 and treats the concept of Church governance. The bond of governance deals more with the organization of the Church on a visible level and the external forum than the two bonds previously discussed. This bond assumes that one accepts the Church's governing authority on an interior level as well as the bonds of the sacraments and the profession of faith. Church governance is the constitutive nature of the Church as established by the will of Jesus Christ. It assures that the sacraments will be administered and that the faith is expressed in the external forum through the profession of faith. 67

There is notable change in the emphasis of the bonds as one starts with the sacramental bond and ends with the bond of governance when viewed through the lens of unity with Christ. There is a shift in the way faith is manifested from the interior spiritual dimension of the sacramental bond to the exterior dimension of governance of the

Church. One lives in full communion with the Catholic Church when he accepts the three bonds of communion and fosters a visible relationship of unity with Christ. 68

Apparently, to enjoy full communion with the Catholic Church one must be linked to the Church through all three bonds, namely sacraments, profession of faith, and governance. This is not only achieved externally but internally as well. One who has charity in his heart and is linked through the threefold bond of communion enjoys full communion and full incorporation with the Catholic Church. The internal dimension is vital if one wishes to enter into full communion with the Catholic Church in the RCIA process as we will see in the next chapter.

67 Kaslyn, 143. 68 Ibid., 143.

Chapter III: Joining the Catholic Church from a Juridical Perspective

1. Introduction

In this chapter, we will analyze the act of joining the Catholic Church from a juridical perspective. First, we will establish the theological principle that Christ's faithful have communion with the Catholic Church through baptism, even if they are affiliated with non-Catholic churches or ecclesial communities. From this principle, we will analyze sacramental sharing or communicatio in sacris to illustrate the bond of communion that exists among all the baptized. Finally, we will treat the individual's intention and his desire to enter into full communion with the Catholic Church, especially as it is related to the minister's role in faith formation.

2. Ecumenism in Context: Graces Shared through Common Ecclesial Elements

The Catholic Church and other non-Catholic churches and ecclesial communities share several common ecclesial elements. The second paragraph of Article 3 of the

Decree on Ecumenism underlines the core elements that exist not only in the Catholic

Church but also in communities outside it:

Moreover, some and even very many of the significant elements and endowments which together go to build up and give life to the Church itself, can exist outside the visible boundaries of the Catholic Church: the written word of God; the life of grace; faith, hope and charity, with the other interior gifts of the Holy Spirit, and visible elements. All of these,

which come from Christ and lead back to Christ, belong by right to the one Church of Christ. 139

These core elements or graces give a theological basis for calling them churches and ecclesial communities. The decree describes that the Church's body and form derive from a series of visible and invisible graces given by Christ who makes these gifts a living reality in the Church. According to Catholic understanding these graces given by

Christ are found to the fullest extent in the Catholic Church which makes the Catholic

Church complete. However, these same graces also exist in varying and lesser degrees in churches and ecclesial communities outside the Catholic Church.

The limited existence of these graces in these churches and ecclesial communities outside the Catholic Church enable them to enjoy imperfect communion with the

Catholic Church. The elements which are essential to the Church are graces, truths, and principles, which are considered "ecclesial elements" by the Decree on Ecumenism .140 In essence, the Catholic Church views these churches and ecclesial communities outside of it as possessing elements essential to the structure of the Church. Some of the essential elements that the decree underscores are the use of the Word of God and the life of grace which encompass faith, hope, and love. The Word of God has its basis in sacred

139 Vatican II, Unitatis Redintegratio , November 21, 1964. Acta Apostolica Sedis (AAS) 57 (1965) 93: "Insuper ex elementis seu bonis, quibus simul sumptis ipsa Ecclesia aedificatur et vivificatur, quaedam immo plurima et eximia exstare possunt extra visibilia Ecclesiae catholicae saepta: verbum Dei scriptum, vita gratiae, fides, spes et caritas, aliaque interiora Spiritus Sancti dona ac visibilia elementa: haec omnia, quae a Christo proveniunt et ad Ipsum conducunt, ad unicam Christi Ecclesiam iure pertinent." Flannery, 503. 140 Johannes Feiner, "Catholic Principles of Ecumenism" in Commentary on the Documents of Vatican II , ed., by Herbert Vorgrimler, Vol. 5 (New York: Herder and Herder, 1967)2: 74. Vatican II, Decree, Unitatis Redintegratio , November 21, 1964: Art 3 §2.

35 scripture and is a constitutive element of the Church. This constitutive element ultimately unites ecclesial communities in faith in Christ's mystery of salvation. Sacred

Scripture is an important element consistently leading the Christian churches to a deeper level of communion with the Church. It is also through this that the other important elements like sacraments and ministry, given as gift by Jesus, are sustained. The invisible element, the life of grace, consisting of the theological virtues, unites all

Christian communities in communion with the Church.

The external elements of the Church ultimately have as their end the service of the life of grace in the Church. Both the internal and external elements have as their aim union with Christ, their origin and purpose. It is important to note the language in the second paragraph of article 3 of the Decree of Ecumenism that all the graces in these two dimensions are the sole possession of the Church of Christ and not the Catholic Church.

One must not hold the impression that the Catholic Church is trying to lay claim to other ecclesiastical communities and churches with this teaching. Rather, the internal and external elements of the Church are meant to be a source of communion not division.

This brings one to the conclusion that these elements build up and make present the

Church of Christ which finds its central presence within the Catholic Church. However, these elements build up the Church of Christ in ecclesiastical communities and churches outside the Catholic Church. 141

141 Feiner, 74-75.

3. Communicatio in sacris: Analysis of canon 844 §1,§3-4

Canon 844 deals with communicatio in sacris is sacramental sharing.

Communicatio in sacris involves sharing the sacraments of Eucharist, Anointing of the

Sick, and Penance with other churches that are in communion with the Catholic Church.

Catholics may receive valid sacraments from these churches under certain circumstances. 142 It is important to note that certain matters are not treated by canon 844 such as mixed marriages which are governed by special norms (see cc.1124-1125) and baptism in cases of necessity. 143

The 1917 code in canon 731 §2 forbade sacramental sharing between Catholics and non-Catholics. The Second Vatican Council would change this as it analyzed the common elements that the other churches and communities not in full communion share with the Catholic Church. This forms the basis for renewing and strengthening ecumenical ties with these churches and ecclesial communities indicating that sacramental sharing may be possible.

The council emphasizes an important principle concerning communicatio in sacris . It cautions that communicatio in sacris , if abused can undermine the Church's unity. This can lead to indifferentism, cause aberrations in the faith, or lead individuals into error. Consequently, the council sets the conditions for communicatio in sacris by describing when this is possible and even recommended:

142 Frederick R. McManus, "Part I: The Sacraments (cc. 840-1165)" John P. Beal , Coriden, James A., Green, Thomas J., eds. New Commentary on the Code of Canon Law . (New York/Mahwah, NJ: Paulist Press, 2000): 1017. 143 José Tomás Martín de Agar, "The Sacraments (cc. 840-849), Exegetical Commentary , 409.

Yet worship in common ( communicatio in sacris ) is not to be considered as a means to be used indiscriminately for the restoration of unity among Christians. There are two main principles upon which the practice of such common worship depends: first, that of the unity of the church which ought to be expressed; and second, that of the sharing in the means of grace. The expression of unity generally forbids common worship. Grace to be obtained sometimes commends it. The concrete course to be adopted, when all the circumstances of time, place, and persons have been duly considered, is left to the prudent decision of the local episcopal authority, unless the bishop's conference according to its own statutes, or the Holy See, has determined otherwise. 144

Based on this, the council established norms for the regulation of communicatio in sacris in several documents and decrees which will shape the norms in the present code.

Canon 844 establishes the circumstances of when it is possible for sacramental sharing. Violations of the law may leave one subject to a penal sanction as described in canon 1365.

The Second Vatican Council has opened up new avenues for ecumenism; what was once prohibited has now become possible. The council has established exceptions in which communicatio in sacris is possible. These exceptions vary dependent on the nature of the church. The Orthodox Churches have valid sacraments through apostolic succession, Eucharist, and the priesthood; therefore, the Latin Church shares an intimate communion with these churches. Common worship is possible and encouraged when the proper conditions exist and Church authority approves. However, it becomes problematic to engage in sacramental sharing with ecclesial communities that lack a valid

144 AAS 57 (1965) 97: "Attamen communicationem in sacris considerare non licet velut medium indiscretim adhibendum ad Christianorum unitatem restaurandam. Quae communicatio a duobus principiis praecipue pendet: ab unitate Ecclesiae significanda, et a participatione in mediis gratiae. Significatio unitatis plerumque vetat communicationem. Gratia procuranda quandoque illam commendat. De modo concreto agendi, attentis omnibus circumstantiis temporum, locorum et personarum, prudenter decernat auctoritas episcopalis localis, nisi aliud a conferentia episcopali, ad normam propriorum statutorum, vel a Sancta Sede statuatur." Flannery, 509-510.

38 priesthood; sacramental sharing only occurs in very exceptional circumstances. The

Decree on Ecumenism , paragraph 8, reminds us that communicatio in sacris cannot be arbitrarily used to restore Christian unity. 145

To better illustrate the bond of communion that all of the baptized enjoy it will be necessary to analyze the general norm in canon 844 §1: 146

Catholic ministers administer the sacraments licitly to Catholic members of the Christian faithful alone, who likewise receive them licitly from Catholic ministers alone, without prejudice to the prescripts of §§2, 3, and 4 of this canon, and can. 861, §2. 147

This general norm gives Catholic ministers the ability to confer the sacraments upon Catholics in general.

Paragraph 2 of canon 844 establishes the conditions under which Catholics may participate in the sacraments of churches not in full communion with the Catholic

Church:

Whenever necessity requires it or true spiritual advantage suggests it, and provided that danger of error or of indifferentism is avoided, the Christian faithful for whom it is physically or morally impossible to approach a Catholic minister are permitted to receive the sacraments of penance,

145 Martín de Agar, Exegetical Commentary , pp. 409-411. It is important to make a distinction between Eucharistic communion and concelebration. Canon 844 describes instances in which intercommunion is possible in which a baptized non-Catholic may receive the Eucharist if the need for sacramental grace necessitates it, but concelebration is not permitted. The celebration of the Mass is a visible manifestation of the Church's unity and it is in this celebration that the communion of God's people is strengthened and made visible. Thus, it is necessary that those who concelebrate the Mass share this communion by being validly ordained priests. Communion must exist in every aspect of the Mass in order for there to be a manifestation of perfect communion. 146 Thomas Green, "Changing Ecumenical Horizons," in The Jurist 56 (1996) 447. These principles are central to the nature of the Eucharist, which manifests faith and full communion with the Church. If this unity were lacking, then ministers who concelebrate, even if they have been validly ordained, would be performing an act that would not be an authentic sign. Others could misinterpret this as a celebration of current divisions within the Church. 147 1983 CIC , c. 844 §1: "Ministri catholici sacramenta licite administrant solis christifidelibus catholicis, qui pariter eadem a solis ministris catholicis licite recipiunt, salvis huius canonis §§2, 3 et 4, atque can. 861 §2 praescriptis."

Eucharist, and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid. 148

First, a physical or moral condition must exist that inhibits the Catholic faithful from receiving the sacrament from a Catholic minister. The individual must discern how long he may be deprived of the consolation of the sacraments when discerning if he must receive the sacrament from a non-Catholic minister. The second condition is that it is to the individual's spiritual advantage to receive the sacrament. This condition is dependent on the circumstances at the time. When the individual seeks the sacraments in such a manner, he must do it in a way that edifies and brings deeper union with Christ. This desire must not serve as an excuse to participate in the sacraments of a church not in full communion with the Catholic Church. Failure to follow such measures could lead to the danger of indifferentism or error.

It is important that the sacraments the individual participates in are not merely valid in that particular church but that the Catholic Church considers them valid. In essence, apostolic succession must exist and the sacraments must have valid matter and form. It is important that the individual seeking these sacraments in any of these churches determine that their sacraments are valid; otherwise, it would be unlawful to participate in such sacraments. The Orthodox Churches even though they are separated from the Catholic Church have valid sacraments; therefore, it is licit to receive the sacraments of anointing of the sick, communion, and penance from ministers of the

148 1983 CIC , c. 844 §2: "Quoties necessitas id postulet aut vera spiritualis utilitas id suadeat, et dummodo periculum vitetur erroris vel indifferentismi, licet christifidelibus quibus physice aut moraliter impossibile sit accedere ad ministrum catholicum, sacramenta paenitentiae, Eucharistiae et unctionis infirmorum recipere a ministris non catholicis, in quorum Ecclesia valida exsistunt praedicta sacramenta."

Orthodox Churches. It is important to note that sacraments of anointing of the sick, penance, and Eucharist in ecclesial communities may not always be valid. This may be due to these ecclesial communities lacking critical elements held by the Catholic faith such as an absence of apostolic succession which results in no validly ordained minister to administer the sacraments. Catholics must always receive sacraments from churches that have valid sacraments from what the Catholic teaching recognizes as a validly ordained minister. 149

Paragraphs three and four of canon 844 are also necessary for our purposes. We will first treat paragraph three of canon 844:

Catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick licitly to members of Eastern Churches which do not have full communion with the Catholic Church if they seek such on their own accord and are properly disposed. This is also valid for members of other Churches which in the judgment of the Apostolic See are in the same condition in regard to the sacraments as these Eastern Churches. 150

These two paragraphs in canon 844 differentiate the Orthodox Catholic Churches from the western churches and ecclesial communities.

Catholic Ministers may licitly administer the sacraments of anointing of the sick, penance, and Eucharist to members of the Orthodox Churches only if they freely seek the sacraments from a Catholic minister. The Catholic minister must be careful not to proselytize members of the Orthodox Churches through the administration of the sacraments. When it is impossible for members of the Orthodox Churches to receive the

149 Martín de Agar, Exegetical Commentary . 412-413 150 1983 CIC , c.844 §3, "Ministri catholici licite sacramenta paenitentiae, Eucharistiae et unctionis infirmorum administrant membris Ecclesiarum orientalium quae plenam cum Ecclesia catholica communionem non habent, si sponte id petant et rite sint disposita; quod etiam valet quoad membra aliarum Ecclesiarum, quae iudicio Sedis Apostolicae, ad sacramenta quod attinet, in pari condicione ac praedictae Ecclesiae orientales versantur."

41 sacraments from their own ministers, the Catholic minister must do everything to ensure that those who seek the sacraments receive them.

Those who seek the sacraments must have the proper disposition in that they have the necessary understanding of the sacraments and meet the same conditions that the

Church expects of her faithful. It is the responsibility of the Catholic minister to discern if the individual has the proper understanding and meets the necessary conditions.

Canon 844 §4 states when sacraments may be administered to members of ecclesial communities:

If the danger of death is present or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments licitly also to other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord, provided that they manifest Catholic faith in respect to these sacraments and are properly disposed. 151

Members of ecclesial communities must conform to more stringent standards before they can receive the sacraments. For instance, the individual must be in mortal danger or the bishop or the conference of bishops must discern if there are other urgent situations that call for sacramental sharing.

Another condition that must be fulfilled is that members of the separated western churches or ecclesial communities may not approach a Catholic minister for the sacraments unless they are physically or morally impeded from approaching their own

151 1983 CIC , c. 844 §4, "Si adsit periculum mortis aut, iudicio Episcopi dioecesani aut Episcoporum conferentiae, alia urgeat gravis necessitas, ministri catholici licite eadem sacramenta administrant ceteris quoque christianis plenam communionem cum Ecclesia catholica non habentibus, qui ad suae communitatis ministrum accedere nequeant atque sponte id petant, dummodo quoad eadem sacramenta fidem catholicam manifestent et rite sint dispositi."

42 minister. If this condition is not satisfied, then the Catholic minister is obliged to convince the individual to seek the sacraments from his own minister.

It is also necessary that the individual have a Catholic understanding of the sacraments, if necessary, the Catholic minister must catechize the person regarding the

Catholic faith. 152

4. Intention of the Candidate to Enter into Communion with the Catholic Church

We have seen how through reception of baptism, individuals may enjoy various degrees of communion with the Catholic Church. This in turn, allows for varying degrees of communicatio in sacris . However, what is necessary for one to enjoy full communion with the Catholic Church? Entering into full communion either entails an external process of being received into the Church with a profession of faith for one who is already validly baptized, or entrance into the Catechumenate for the non-baptized.

Here we will focus on the non-baptized individual who wishes to enter into full communion with the Catholic Church.

When an individual has expressed interest in receiving baptism in the Catholic

Church, he begins the catechumenate process. It will be necessary to analyze canon 788

§1 -2 for our purposes:

§1. When the period of the precatechumenate has been completed, those who have made known their intention to embrace faith in Christ are to be admitted to the catechumenate in liturgical ceremonies and their names are to be inscribed in the book designated for this purpose.

§2. Through instruction and the first experience of Christian life, catechumens are to be initiated suitably into the mystery of salvation and

152 Martín de Agar, Exegetical Commentary . 413-415

introduced into the life of the faith, the liturgy, the charity of the people of God, and the apostolate. 153

The first paragraph of this canon implies that if one desires to embrace Christ in faith through baptism, then one is also seeking to enter into full communion with the Catholic

Church. These two principles are inseparable in this context. This desire by the individual to enter into full communion with the Catholic Church must be external in nature so that it is juridically verifiable and a juridic act. 154

Before the inquirer makes a decision to be baptized, it is important that the candidate has had the time to discern and grow in faith so that he manifests the beginning of conversion. The pastor, with the aid of the RCIA team and the candidate's sponsor, discerns if the candidate has reached the necessary point to enter the catechumenate.

Additionally, he gives encouragement to the candidate for the process he is about to undertake.

Once the individual has entered the catechumenate, he acquires a special connection with the Church since the Church esteems the catechumen as one of her own to be nurtured by the Church. The candidate, however, is not a member of the Catholic

Church in this period. Canon 206 verifies that this bond legally exists when it states:

§1. Catechumens, that is, those who ask by explicit choice under the influence of the Holy Spirit to be incorporated into the Church, are joined to it in a special way. By this same desire, just as by the life of faith, hope,

153 1983 CIC , c. 788: "§1. Qui voluntatem amplectendi fidem in Christum manifestaverint, expleto tempore praecatechumenatus, liturgicis caerimoniis admittantur ad catechumenatum, atque eorum nomina scribantur in libro ad hoc destinato. §2. Catechumeni, per vitae christianae institutionem et tirocinium, apte initientur mysterio salutis atque introducantur in vitam fidei, liturgiae et caritatis populi Dei atque apostolatus." 154 Fernando Retamal, "The Missionary Activity in the Church (cc. 781-792)," Exegetical Commentar y, ed. Ángel Marzoa et al.,175.

and charity which they lead, they are united with the Church which already cherishes them as its own.

§2. The Church has a special care for catechumens; while it invites them to lead a life of the gospel and introduces them to the celebration of sacred rites, it already grants them various prerogatives which are proper to Christians. 155

The connection that canon 206 describes between the catechumen and the Church gives the Church certain rights in forming the catechumen. The Church can now carry out its evangelizing mission by guiding the catechumens as they prepare for baptism. The

Church gives them the specific prerequisites that they must satisfy as they advance through the specific stages of the catechumenate process. Therefore, catechumens acquire specific privileges in that they should receive the necessary catechesis so that they may properly receive the sacraments of initiation and live fruitful lives as Catholics.

Over the centuries, the catechumenate played a major role in bringing inquirers to the faith. The Second Vatican Council restored this institution giving bishops the charge of adapting it for adult catechumens in their particular churches, a duty which each bishop has as a teacher of the faith.156

When one pursues the catechumenate process it is not merely a series of teachings and principles but it is that which engages the catechumen on a deeper level drawing him

155 1983 CIC , c. 206: "§1. Speciali ratione cum Ecclesia conectuntur catechumeni, qui nempe, Spiritu Sancto movente, explicita voluntate ut eidem incorporentur expetunt, ideoque hoc ipso voto, sicut et vita fidei, spei et caritatis quam agunt, coniunguntur cum Ecclesia, quae eos iam ut suos fovet. §2. Catechumenorum specialem curam habet Ecclesia quae, dum eos advitam ducendam evangelicam invitat eosque ad sacros ritus celebrandos introducit, eisdem varias iam largitur praerogativas, quae christianorum sunt propriae." 156 Retmal, Exegetical Commentary, 175-177. Given the importance of the catechumenate, it appears in many parts of the 1983 code. Bishops' conferences for each territory provide the necessary guidelines for each diocesan bishop to restore the catechumenate in the proper manner in their dioceses. Universal law covers restoring the catechumenate in missionary territories.

45 into Christian life and the mystery of the life of the Church. The catechumenate is a process designed to verify the readiness of the candidate to enter the Church. 157 The catechumenate is a transformative journey for the individual that occurs at various levels and in various stages. The process involves drawing closer to God and the people of God which brings changes in one's customs and thinking when one is brought deeper into the mystery of salvation. Those involved in the catechumenal process, from the catechists to the parish community, play an essential role as they renew their own conversion by entering more deeply into the mystery of salvation. The catechists and the parish community serve as models of charity, leading the candidates to strive for a fruitful

Christian life in the future. 158

It is also necessary to consider those who are baptized and wish to be received into full communion with the Catholic Church. Members of an Orthodox Church or the

Old Polish Church only have to make a profession of faith in order to be received into the

Latin Catholic Church. However, catechumens will have to be baptized and confirmed to enter into full communion. Then there are baptized non-Catholics who only have to be confirmed after they have been properly instructed about the faith and are properly disposed. Canon 889 provides an explanation about who may receive the sacrament of confirmation:

§1. Every baptized person not yet confirmed and only such a person is capable of receiving confirmation.

157 Redazione di Quaderni di diritto ecclesiale. ed . Codice di Diritto Canonico Commentato , (Milano: Ancora, 2001). 662 158 Retmal, Exegetical Commentary, 177.

§2. To receive confirmation licitly outside the danger of death requires that a person who has the use of reason be suitably instructed, properly disposed, and able to renew the baptismal promises. 159

Baptism is the gateway to the sacraments; one who has not received valid baptism cannot receive the other sacraments validly. These two principles form the basis of this canon.

Since baptism is important for the valid reception of the other sacraments, there may be occasions where the validity of a baptism is questioned. According to canon 869 §2, baptisms performed in non-Catholic churches and ecclesial communities are presumed valid unless there is a serious doubt about their validity. When there is concern over the validity of a baptism regarding its matter, form, or intention, it is necessary to perform a conditional baptism as outlined in canon 869 §1. Normally, individuals who have been baptized in non-Catholic churches and ecclesial communities may be confirmed, if their baptism is recognized as valid.

If it is necessary to confirm that one has been validly baptized, it is important to consider the recommendations of the Ecumenical Directory revised March 3, 1993. The directory states that baptisms in the Orthodox churches are considered valid. However, for members of non-Catholic ecclesial communities, the minister must determine if an agreement between the churches and ecclesial communities for baptisms performed exists in the region that concerns him. The minister must establish that the baptism performed conforms to this agreement. However, the absence of such an agreement cannot be cause for doubt about the validity of the baptism. If these individuals can produce

159 1983 CIC, c. 889 §1-2: "§1. Confirmationis recipiendae capax est omnis et solus baptizatus, nondum confirmatus. §2. Extra periculum mortis, ut quis licite confirmationem recipiat, requiritur, si rationis usu polleat, ut sit apte institutus, rite dispositus et promissiones baptismales renovare valeat."

47 documentation that they have received baptism, then the baptism is presumed valid unless there is a serious reason to proceed with an investigation. If there is serious doubt, after investigating, then the minister must perform conditional baptism in accordance with canon 869, §1, §2. 160

5. The Role of the Pastor in the Process: Canon 843§2

The pastor plays an important role in the RCIA process for baptizing and bringing a candidate into full communion with the Catholic Church. This can be seen in canon

843 §2 which states:

Pastors of souls and other members of the Christian faithful, according to their respective ecclesiastical function, have the duty to take care that those who seek the sacraments are prepared to receive them by proper evangelization and catechetical instruction, attentive to the norms issued by competent authority. 161

Pastors have an important role to minister to the faithful under their care. They are to manifest Christ through their ministry. The pastor must make it possible through his ministry for the faithful to participate as fully as possible in Christ's salvific grace. This is to be achieved through the Word of God and the sacraments.

Canon 843 §2 describes that the faithful have a right to the sacraments; this implies that catechumens have the right to baptism. More specifically, the pastor has the duty of administering the sacraments to those who are properly disposed. If the faithful do not meet the requirement for the reception of the sacraments, then the pastor is to

160 Tomás Rincón-Pérez, "The Persons to be Confirmed (cc. 889-893)," Exegetical Commentary , ed. Ángel Marzoa et al., 534-535. 161 1983 CIC , c. 843 §2: "Animarum pastores ceterique christifideles, pro suo quisque ecclesiastico munere, officium habent curandi ut qui sacramenta petunt debita evangelizatione necnon catechetica institutione ad eadem recipienda praeparentur, attentis normis a competenti auctoritate editis."

48 assist them through proper instruction to meet those requirements. This duty to instruct those seeking the sacraments not only applies to the pastor but to all those involved who help the candidate on his journey of entering into full communion with the Church.

It is important for the pastor to ensure that the candidate has a true desire to enter into full communion with the Catholic Church. He is also to ensure that no impediments bar the individual from being fully initiated into the Catholic Church. Impediments that may bar an individual from being brought into full communion with the Church usually are concerned with the individual who is divorced and remarried.

If the candidate has been properly catechized, has no legal impediments, has the appropriate disposition, and willingly gives his assent to be baptized into the Catholic

Church, then he should be baptized into the Church.

The pastor needs to presume the good intention of the candidate to enter the

Church before he brings him into the Church. The pastor can ascertain that good intention is present when the candidate externally manifests his intention to be baptized and/or received into the Catholic Church. It is important not to separate intention from faith, since in many cases the true intention of the individual to enter into full communion with the Catholic Church is a response to grace.162

Christ imposed responsibility on the Church in calling people to conversion which she dutifully does by engaging the candidate in dialogue. The Church has an obligation to initiate those who feel a calling from God to become Catholic. This reality makes clear why the pastor must intervene to discern if a candidate is fit to be baptized and/or

162 Martín de Agar, Exegetical Commentary, 404-406.

49 received into the Catholic Church. The pastor carries out two functions. The first function is for him to assent to the individual's desire to be baptized or enter into full communion with the Catholic Church. As a representative of the Church, he is fulfilling a consensual capacity by this action. The second function of the pastor occurs when he baptizes and or receives the candidate into the Church. This action gives witness that

God calls the Church to bring people into full communion with Him. The Church must carefully honor this vocation. It is this witness, which the minister gives, that obligates the Church's members. The pastor through his sober judgment of the candidate's intentions witnesses to the Church and her charge by God to call people to holiness.

From this, we can conclude the following. When a candidate makes a faith act of entering into full communion with the Catholic Church, it is not a matter that is contractual in nature. This act of faith is bilateral in nature. The candidate and the pastor are led by faith not to pursue their own will but God's will; both individuals discern what

God intends in that situation. Therefore, the actions performed by the candidate and the pastor become one in the sole intention to allow God's will to be done. This property of a bilateral circumstance can be analogized by the fact separated Churches make a common declaration of faith to seek communion with the Catholic Church. When these churches make an act of faith they do it in a manner in which they agree with divine revelation and intend to enter into communion with the Catholic Church. It is then a matter of the

Catholic Church responding and allowing the separated church to be in communion with it. 163

163 Ibid., 410-411.

6. Conclusion

As we have seen, the process for entering into full communion with the Catholic

Church is a nuanced and complex process. The individual who seeks full communion with the Catholic Church must cooperate with the pastor. It is through this cooperation and the intention to enter into full communion with the Catholic Church that enables the individual to do so. The individual has the power of freewill, given to him by God to do whatever he wills. When the person makes an intention to enter into full communion with the Catholic Church, this interior intention must be manifested externally in a spirit of charity. If the individual's intention is not genuine, then the process will be valid but illicit. Finally, if he is not moved by charity, then he will not enjoy communion with the

Church to the fullest degree as God, the Author of Love, intends.

Conclusion

We have seen from a juridical perspective, entrance into full communion with the

Catholic Church is a bilateral process. The process of entering into full communion with the Catholic Church involves the individual making a decision and going through a faith formation process such as the Rite of Christian Initiation of Adults to receive baptism or some formation process and the profession of faith. During this process, the pastor is also discerning along with the candidate to determine if the candidate is properly disposed to enter into full communion.

The person who wishes to enter into full communion must embrace the threefold bond of communion of governance, sacraments, and the profession of faith. When the candidate accepts these in a spirit of charity, he enters into full communion with the

Church after being baptized or received into full communion during the Easter Vigil.

In this thesis, we have analyzed the complex reality of communion with the

Catholic Church. In chapter one, communion with the Catholic Church was understood as membership, which had narrowly defined parameters, one was either a member of the

Catholic Church or he was not. In chapter two, we analyzed communion within the context of canons 96 and 204 which put communion with the Catholic Church in a broader context, encompassing all the baptized. Finally, in chapter three, we analyzed how one enters into communion with the Catholic Church. The candidate with the

52 cooperation and discernment of the pastor is brought into full communion with the

Catholic Church.

The Second Vatican Council brought forward many new insights, shedding more light on the mystery of the Church. The insights of Vatican II, finding canonical expression in the Code of Canon Law, demonstrate the bond of unity among all the baptized and offer insights into the process of entering into full communion.

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