The Obligations of Continence and Celibacy for Priests

COMPASS

PRIESTLY CELIBACY The Obligations of Continence and Celibacy for Priests

BRENDAN DALY

ELIBACY IS a hotly debated issue in are very critical of Cochini and the idea that the Catholic Church for a number of clerical continence was of apostolic origins. Creasons. There is the enormous scan- They contend that this has not been proved. dal of sexual abuse by clergy and the percep- They argue that there is a lack of clear evi- tion by many people that if the law on celi- dence about priestly celibacy and continence bacy was changed then sexual abuse would prior to the fourth century especially in rela- be a much smaller problem. tion to the apostles and in the first century There are many cultures around the world after their deaths. They say patristic support that do not accept celibacy. For example, al- is limited. However, they do not produce though missionaries have been working with strong patristic or council legislation to sup- Inuit people in Northern Canada for well over port their own view. Balducelli is very critical 100 years, not one Inuit man has ever been of the theological justifications for continence ordained a Catholic priest. However, there are in the sources that Cochini uses. These married Inuit clergy belonging to other denomi- sources have a negative attitude to sexual in- nations. tercourse: e.g. the reference to Origen’s 6th homily on Leviticus 21 concerning the neces- PART ONE sity of perpetual prayer and the necessity of History of Celibacy uninterrupted continence.5 Cochini, recognis- ing this, argues that the theological justifica- There are two very divergent approaches to tion for celibacy should change to the priest’s celibacy at the theological level beginning with relationship to Christ whom he represents. Gustav Bickell (1838-1917) and Francis Xavier At this point in the Church’s history, eve- Funk (1821-1917). Gustav Bickell argued that ryone is conscious of the sexual misconduct clerical celibacy was of apostolic origins and and abuse problems within the Church. Un- intrinsically related to ministry. Celibacy was fortunately, there seems to have always been initially a customary law, and only gradually a gap between the teaching of Jesus and the received a fixed, written form. Scholarship in human reality. This human reality has always recent times that supports the argument of complicated the Church’s legislation and any Gustav Bickell has been the work of Cochini interpretation of it. Balducelli is probably right in Paris, Cholij at the Gregorian University, and in contending that historical objectivity is elu- the Vatican archivist Stickler.1 sive when clerical celibacy is being discussed. Francis Xavier Funk argued that clerical As Stickler maintained ‘a correct interpreta- celibacy was the consequence of canon law tion of the sources can only be established on and Church discipline beginning with the this basis: by taking into account their authen- Council of Elvira, in Spain, in 306. Many schol- ticity, integrity, credibility and particular ars including Vogels,2 Balducelli3 and Dennis4 worth.’6

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Key Concepts Rev. Dr Brendan Daly is Principal at Good The Chinese have a proverb that ‘the first step Shepherd College, towards wisdom is getting things by their right Auckland, a Lecturer in names’. This is particularly true on the sub- Canon Law, a Judge on ject of celibacy. the Appeal Tribunal of Clerics7 are all those who have been or- the Catholic Church for dained deacons. Australia and New ‘Continence means the non-use of the Zealand, and an sexual faculties.’8 Associate Judicial Vicar ‘Chastity is the moral virtue that moder- of the Tribunal in New Zealand. ates and regulates the sexual appetite in man and woman.’9 ‘Single persons are chaste when they are continent with all persons until they Truly I tell you, there is no one who has left marry. Clergy are bound to perfect and per- house or wife or brothers or parents or chil- petual continence; and are chaste when they dren, for the sake of the kingdom of God, who do not use their sexual faculties with anyone will not get back very much more in this age, 11 of either sex for life. and in the age to come eternal life. Celibacy is a publicly committed state of In Matthew 19:27 and Mark 10:29-30, leav- living chastely, whereby the person, accept- ing one’s wife is merely implied in the context ing the gift of God and identifying with Jesus of leaving everything in order to follow Jesus. Christ, freely chooses not to marry for the sake The apostles left home because of their com- of the kingdom of God while serving God and mitment to the Lord and to the preaching of other people. the Gospel. People at home were left behind ‘Celibacy’ comes etymologically from the as a result. Latin coelebs meaning an unmarried man. How- Saint Paul writing to the Corinthians shows ever, it must be distinguished from simply be- his clear preference for celibacy: ing not married like a bachelor, as well as re- I want you to be free from anxieties. The un- flecting key aspects of Church teaching.10 married man is anxious about the affairs of the Lord, how to please the Lord; but the married Scripture man is anxious about the affairs of the world, how to please his wife, and his interests are 12 Jesus taught that the reign of God was immi- divided. nent and that following him overrode many The Pastoral letters, to Timothy and Titus, ordinary activities in life. Being a disciple in- teach us that bishops, presbyters and dea- volved ‘losing one’s life’ (Mk. 8:35); ‘leaving cons were often married men. In the Pastoral the dead to bury their dead’ (Mt. 8:22); ‘taking Letters to Timothy and Titus there is a special up the cross’ (Mk. 8:34); since anyone loving phrase that recurs also in early canonical leg- ‘father or mother, son or daughter more than islation and patristic writings: ‘a husband of him would not be worthy of him’ (Mt. 10:37). one wife’. Saint Paul writes to Timothy stating For Jesus and his disciples the task of procla- that: ‘A bishop must be above reproach, mar- mation had to also be enacted ‘sacramentally’ ried only once.’ (1 Tim 3:2.). Then writing to in their lives ‘for the sake of the kingdom of Titus, Saint Paul tells him to appoint, in Crete, heaven’ (Mt. 19:12). Peter was married since presbyters ‘married only once’.(Titus 1:6). Writ- Jesus cured his mother-in-law. (Mark 1: 29-31) ing to Timothy concerning deacons Paul says, In the text of the Gospel of Luke, Jesus makes ‘Let deacons be married only once’ (1 Tim 3:12). the leaving of wife explicit in his answer to De la Potterie is of the opinion that there is no Peter’s question: doubt that the expression ‘husband of one

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wife’ is a covenantal formula.13 De la Potterie14 Western Legislation points out the parallel with 2 Corinthians 11:2, where Saint Paul describes the Church in Cor- The Spanish Council of Elvira in 305 A.D inth as a ‘wife’, a ‘bride’ presented to Christ as taught in canon 33: a ‘chaste virgin’. Elsewhere in the New Testa- We decree that all bishops, priests, and dea- ment, bridal imagery is significant as in Rev. cons, and all clerics engaged in the ministry, are 21:1-3, or in Ephesians 5: 22-23, where mar- forbidden entirely to have conjugal relations riage is a sacramental image of the union of with their wives and to beget children; whoever Christ and his Church. Ordination makes or- shall do so, will be deposed from clerical dig- 18 dained ministers sacramentally representative nity. of the relationship of Christ to the Church as There is no indication that this legislation is a bridegroom to bride, so that those ordained new imposition on clergy. If it were new legis- can only be ‘husband of one wife.’15 lation, there would have to be a case made to justify its introduction. Also, there would be Early Church historical records of opposition to such a de- manding new requirement of clergy. Clearly Clement of Rome (ca. 96) and Ignatius of this was no new legislation, but legislation that Antioch16 (ca. 110) speak of early Christians was made to counter a non-observance of a being celibate and imitating Christ. However, well-known and recognised tradition. in the first few centuries of the Church, early All the leading Latin Fathers of the 4th cen- inscriptions, synods, papal decretals and tury, including Saints Augustine, Jerome (347- patristic writings demonstrate very many of 419) in his Commentary on the Epistle to the clergy were married and had children. Pope Titus19 and Ambrose (333-397) in his Letter to Hormisdas (514-523) fathered a son who be- the Church of Vercelli20 , support the legisla- came Pope Silverius (536-358).17 However, we tion concerning clerical continence. do not know if Pope Hormisdas fathered his Pope Siricius (384-399) in the decretals son before ordination. Directa (385 A.D.) wrote a letter to Himerius While it is relatively easy to compile im- answering his questions about continence. pressive lists of married clergy, Cholij, Cochini This letter was intended for circulation and Stickler argue that the married status ex- amongst the Carthaginians in one of the prov- isted with a longstanding, discipline of ob- inces of Spain. It stated: ligatory clerical continence that was of apos- Moreover, as it is worthy, chaste and honest to tolic origin. This discipline existed in both East- do so, this is what we advise: let the priests and ern and Western Churches. The basis for the Levites have no intercourse with their wives, total continence was the cleric’s total conse- inasmuch as they are absorbed in the daily du- cration to God and the Church. Total personal ties of their ministries. Paul, when writing to consecration was understood to be intimately the Corinthians, told them: ‘Leave yourself free 21 connected to ordination. Once a person was for prayer’ (1 Cor 7:5). ordained as a deacon, priest or bishop, then Pope Siricius followed this letter up with that person was sacramentally consecrated to one to North Africa in 386 in order to commu- God. A single man or a widower could not marry nicate the deliberations of the Roman Synod after ordination, since the man was then in 386. He quoted from 2 Thessalonians 2:15 obliged to continence anyway. ‘stand firm, and hold to the traditions’ that clearly included continence as taught by Saint * * * Paul, and celibacy.

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After receipt of the letter of Siricius, the marry, they may continue in their ministry, be- Council of Carthage in 390 was very influen- cause the bishop gave them permission to marry; tial: but if at the time of their ordination they were silent and received the imposition of hands and The bishops declared unanimously: It pleases professed continence, and if later they marry, us all that bishop, priest and deacon, guardians they ought to cease from ministry.27 of purity, abstain from [conjugal intercourse] with their wives, so that those who serve at the Varying texts of the canon exist and Cochini altar may keep a perfect chastity.22 argues that if someone says before ordination Rusticus of Narbonne asked Pope Leo the that he could not be continent, then he would Great if married clergy could have conjugal not be ordained.28 relations. He replied ca. 458: Celibacy was first legislated for presby- The law of continence is the same for the ministers at the Council of Neocaesarea (314-325): ters of the altar as for bishops and priests, who Canon 1: If a priest marries, he will be excluded when they were laymen or readers could law- from the ranks of the clergy; if he commits for- fully marry and have offspring. But when they nication or adultery, he will in addition be ex- reached the said ranks what was before lawful communicated and subject to penance’29 23 ceased to be so. Cochini points out that an Armenian col- A cleric was required to live with his wife in lection of canons (365 A.D.), the Apostolic continence. Constitutions (300-400 A.D.) and, indirectly, The laws on celibacy were sometimes en- canon 14 of the Council of Chalcedon (451 forced. Socrates, the Byzantine historian [ca. A.D.) supports this discipline for deacons and 440] records the excommunication of clerics priests.30 not being continent with their wives after or- The Council of Trullo (691/692) was a cru- dination at Thessalonika.24 The Emperor Jus- cial council for deciding Greek practice over tinian (483-565) considered that priests were clerical celibacy. In Canon 13, the Council obliged to be continent even if they did not stated: always observe the law: Since we know it to have been handed down as Some of them despite the holy canons beget a rule in the Roman Church that those who are children from the wives with whom, according deemed worthy to be advanced to the diaconate to the priestly rule, they are not permitted to or presbyterate should promise to no longer have relations.25 cohabit with their wives we, preserving the an- Justinian declared all children born after ordi- cient rule and apostolic perfection and order, will that the lawful marriages of men who in nation to be illegitimate, and he required bish- holy orders be from this time forward firm, by ops to have no children for fear that they no means dissolving their union with their wives would give church property to them. nor depriving them of their mutual relations at a Gregory of Tours (538-594), in his History convenient time. Wherefore, if anyone shall have of the Franks, recounts how Urbicus, bishop been found worthy to be ordained subdeacon or of Clermont, was deposed because he did not deacon or presbyter, he is by no means to be persevere in being continent.26 prohibited from admittance to such a rank, even if he shall live with a lawful wife. Nor shall it be Eastern Legislation demanded of him at the time of his ordination that he promises to abstain from lawful rela- 31 Celibacy was first legislated for deacons at tions with his wife. the Eastern Council of Ancyra [314 A.D.]: The canon is clearly directed against the Canon 10. If deacons at the time of their ordi- Latin Church and its practice. Moreover in nation declare they must marry, and that they canon 12, the Council had defended the disci- cannot be continent, and if accordingly they pline of continence. The use of marriage was

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not unconditional, and whenever a priest acted 1917 Code liturgically as a priest he had to live a discipline of temporary continence.32 In conced- Canons 132 and 133 legislated for the obliga- ing the use of marriage to clerics lower than tion of celibacy: bishops, the Council had to re-edit ancient Canon 132§1. Clerics constituted in major or- texts. The canons of Carthage that legislated ders are prohibited from marriage and are bound for permanent continence were represented as by the obligation of observing chastity, so that laws for temporary continence. those sinning against this are sacrilegious, with due regard for the prescription of canon 214§1.36 First Lateran Council (1123) The law required that clerics had to abstain from marriage and positively to observe At the first Lateran Council, attended by at perfect and perpetual chastity. Canon 133 then least 300 bishops, abbots and religious, cleri- legislated for prudential behaviour to support cal celibacy was legislated for the universal the celibate commitment. 37 Church in canon 21: Clerics could not live in the same house We absolutely forbid priests, deacons, with any woman, or frequently visit her or re- subdeacons and monks to have concubines or ceive visits from her in order to safeguard chas- to contract marriages. We adjudge, as the sacred tity and guard against the appearance of evil. canons have laid down, that a marriage contract The general thrust of the law was to enable between such persons should be made void and clerics to avoid compromising their celibacy. the persons ought to undergo penance.33 The Council reinforced an existing obligation by declaring prohibited marriages invalid. PART TWO Saint Raymond of Penafort (1180-1275) Vatican ll and the Post Vatican ll summed up the reasons for the law of celi- Debates and Documents bacy: The reason is twofold: sacerdotal purity, in or- From the time of the second Vatican Council, der that they may obtain in all sincerity that the issue of optional celibacy for priests has which with their prayers they ask from God often been raised and discussed in the media (Dist. 84, c. 3 and dict. p.c. l, Dist. 31); the and theological circles. In the 1960’s and 1970’s second reason is that they pray unhindered (1 many priests and seminarians expected that Cor 7:5) and exercise their office. They cannot optional celibacy would soon be a reality in do both things together: that is, to serve their the Catholic Church. 34 wife and the Church. Clerical celibacy was not formally on the However, in the period leading up to the agenda of the Vatican Council, but it came up Council of Trent, many clergy were not frequently in discussions and debates.38 The practicing continence or celibacy. The Coun- vote on the proposal to ordain young men to cil of Trent discussed the question of celibacy the priesthood without the obligation of celi- and firmly rejected the teaching of the reform- bacy was 839 for and 1364 against.39 ers stating that the marriages of clerics and In the decree on Priestly Life and Ministry religious were invalid.35 In fact the Council 16, the Council enunciated the theological was very successful in bringing about a gen- basis for celibacy: eral observance of the law of celibacy because Perfect and perpetual continence for the sake it introduced seminaries for the training of of the kingdom of heaven was recommended by priests. the Lord (Mt 19:12). It has been freely accepted and laudably observed by many Christians * * * down through the centuries as well as in our

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own time, and has always been highly esteemed cluded: in a special way by the Church as a feature of Hence, we consider that the present law of celi- priestly life. For it simultaneously signifies and bacy should today continue to be linked to the incites pastoral charity as well as being in a ecclesiastical ministry. This law should support special way a source of spiritual fruitfulness in the minister in his exclusive, definitive and total 40 the world. choice of the unique and supreme love of Christ; Great stress was placed on celibacy for the it should uphold him in the entire dedication of sake of the kingdom, with references to its himself to the public worship of God and to the service of the Church; it should distinguish his worth and history in the Church. The Council state of life both among the faithful and in the was confident ‘that the gift of celibacy, so ap- world at large. The gift of priestly vocation dedi- propriate to the priesthood of the New Testa- cated to the divine worship and to the religious 41 ment, is liberally granted by the Father. and pastoral service of the People of God, is In the debate on life and ministry of priests, undoubtedly distinct from that which leads a the general secretary of the Council read a let- person to choose celibacy as a state of conse- ter from Pope Paul Vl recommending that the crated life.45 issue of priestly celibacy not be addressed by Pope Paul Vl clearly distinguished priestly the Council. The Council Fathers applauded celibacy from celibacy in consecrated life in a this move. Pope Paul Vl stated on October 11, religious institute, but upheld celibacy despite 1965: all the difficulties and criticisms that have been It is not suitable to have a public debate on this made of it. subject which requires not only to preserve this ancient, holy and providential law of priestly The 1971 Synod of Bishops celibacy as far as we can, but to reinforce the observance of it by reminding the priests of the The 1971 Synod established a special com- Roman Church of the causes and reasons which, mission to prepare a document summarising particularly today, make one consider this law the discussions of the synod. It was published of celibacy very suitable because through it priests can devote all their love solely to Christ through a papal rescript dated November 30, and give themselves completely to the service 1971. The Synod document repeated Church of souls.42 teaching on celibacy: The decree on Priestly Training no. 10 in- Celibacy for priests is in full accord with the sisted that seminarians should be thoroughly vocation to the apostolic following of Christ as prepared to accept the obligation of celibacy well as with the unconditional response of a man who has been called and who takes up pas- ‘as a precious gift of God’.43 Similarly, but in toral service. Through celibacy the priest, fol- more detail, the Decree on the Renewal of Re- lowing his Lord, demonstrates in a fuller way ligious Life spelt out the obligation to celi- that he is prompt and ready and, setting out on bacy and continence, while noting that ‘the the way of the cross, he desires with a paschal observance of perpetual continence touches joy to be consumed somewhat as the Eucharist. intimately the deeper inclinations of human If, however, celibacy is lived in the spirit of the nature.’44 Gospel, in prayer and watchfulness, with pov- erty, joyfulness, contempt of honours, broth- erly love, it is a sign which cannot long be hid- 1967 Encyclical on Priestly Celibacy den but which effectively proclaims Christ to men even of our age. For today words are Pope Paul Vl acknowledged that serious ques- scarcely valued but the witness of a life which tions had been raised concerning celibacy and shows the radicalism of the gospel, has the outlined the arguments that had been raised power to attract vehemently.46 for and against priestly celibacy, but con- Towards the end of the Synod the bishops

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voted on the law of celibacy: ‘The current law well as being of great social importance for of celibacy for priests in the Latin Church must ministry to the people of God. be observed in its entirety.’ Voting Placet 168; Non placet 10; Placet iuxta modum 21; absten- Relationship of Marriage and Celibacy tions 3 Then on the ordination of married men, the Pope John Paul ll was conscious of the rela- bishops were asked to vote for either tionship between celibacy and marriage. He Formula A: Always without prejudice to the saw issues, such as the commitment involved right of the Supreme Pontiff, the ordination of and the appreciation of the importance of each, married men as priest is not admitted, not even being intertwined in particular societies. He in special cases. stated in his encyclical Redemptor hominis Or March 4, 1979: Formula B: It belongs to the Supreme Pontiff Priests must be distinguished for a similar fidel- alone, in special cases, because of pastoral needs ity to their vocation (same fidelity as married and in view of the good of the universal Church, people have to their vocation of marriage) in to allow ordination as priests to married men view of the indelible character that the sacra- who, however, are of rather advanced age and of ment of orders stamps on their souls. In receiv- upright life. ing this sacrament, we in the Latin Church know- 107 voted for Formula A while 87 voted for ingly and freely commit ourselves to live in celibacy, and each one of us must therefore do all Formula B. There were 2 abstentions and 2 47 he can, with God’s grace, to be thankful for this null votes. gift and faithful to the bond that he has accepted forever.49 Pope John Paul ll In the apostolic exhortation Familiaris On the occasion of the Lord’s Supper, Holy consortio, November 22, 1981, the Pope up- Thursday 1979, Pope John Paul ll wrote his held the importance of celibacy: first letter to the priests of the world. He ac- Virginity or celibacy, by liberating the human knowledged that the question of priestly celi- heart in a unique way, ‘so as to make it burn bacy had been considered profoundly and with greater love for God and all humanity,’ completely at Vatican ll, in the encyclical bears witness that the Kingdom of God and His Sacerdotalis caelibatus and at the 1971 Synod justice is that pearl of great price which is to be of Bishops. He explained the reason for celi- preferred to every other value no matter how bacy was that Jesus inspired it himself: great, and hence must be sought as the only definitive value.50 The essential, proper and adequate reason (for celibacy) in fact, is contained in the truth that The Pope maintained the discipline of celi- Christ declared when he spoke about a renun- bacy for the sake of the Kingdom of Heaven is ciation of marriage for the sake of the kingdom an important eschatological sign. of heaven and which St. Paul proclaimed when he wrote that each person in the church has his Formation of Canon 277 of the 1983 Code or her own gifts. Celibacy is precisely a ‘gift of the Spirit.48 Following Vatican Council ll, the Pontifical In this letter to priests, the Pope did ac- Commission for the Revision of the Code of knowledge the difficulties of celibacy and Canon Law worked on the Schema De clericis spoke in no. 8 of the treasure of celibacy be- in 1966. The study group on clerics discussed ing held ‘in vessels of clay.’ Throughout his celibacy October 24-28, 1966. They proposed pontificate he was always conscious of how texts for draft canons 132 and 133. In canon celibacy was both an eschatological sign as 132, a §2 was proposed exempting married

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deacons from the obligations of celibacy and God by which sacred ministers can more easily continence.51 remain close to Christ with an undivided heart, Following consultations around the world, and can dedicate themselves more freely to the the 1977 and 1980 Schemas had two canons service of God and their neighbour. concerning celibacy. Married deacons were §2 The prescription of §1 does not bind men exempted from the obligations of celibacy and who are married and are promoted to the per- continence: manent diaconate.56 Canon 135 §1. Clerics are obliged to observe Canon 280§1. Clerics are to behave with due perfect and perpetual continence for the sake prudence in relation to persons whose company of the Kingdom of heaven, and are therefore can be a danger to their obligation of preserving bound to celibacy. continence or can lead to scandal of the faithful. §2. The prescription of §1 does not bind men of The diocesan Bishop has authority to establish a mature age who are married and are promoted more detailed rules concerning this matter, and to the permanent diaconate; who, however, if to pass judgment on the observance of the obli- their wife dies are bound to celibacy.52 gation in particular cases.57 Following consultation around the world Pope John Paul ll, after receiving the final two proposed canons concerning priestly celi- draft of the new Code of Canon Law on 22 bacy were discussed on 15 January 1980 and April 1982, assisted by seven experts, includ- the last phrase of canon 135, 2 concerning ing Josef Cardinal Ratzinger and Alfons Car- married deacons remarrying was removed. The dinal Stickler, personally reviewed the entire canons now became canons 250 and 251 in draft.58 A small number of changes were made the 1980 Schema.53 to the final draft. These included removing a These canons were discussed at the ple- number of references to administrative tribu- nary session of the Pontificia Commissio nals and the second paragraph of canon 279 Codici Iuris Canonici Recognoscendo 20-28 of the 1982 schema. This paragraph had said October 1981. It was said that the violation of that the obligation for celibacy and perpetual perfect continence pertained to moral theol- continence did not apply to married deacons. ogy. In canon 251§2 audito consilio Draft canons 279 and 280 were combined to presbyterali was removed, as it would affect become canon 277 of the 1983 Code that was the legislative power of the bishop, who might then promulgated on 25 January 1983. know confidential facts and matters. The The text of canon 277 read: phrase ‘quod est peculiare Dei donum’ [which §1 Clerics are obliged to observe perfect and is a special gift of God] was added to canon perpetual continence for the sake of the King- 250§1 of the 1980 schema. This phrase had dom of heaven, and are therefore bound to celi- been used in Presbyterorum ordinis 16, and it bacy. Celibacy is a special gift of God by which was inserted to answer the question how the sacred ministers can more easily remain close charism of celibacy, that God gives to some, to Christ with an undivided heart, and can dedi- can be made obligatory for all priests. cate themselves more freely to the service of On 25 March 1982 the last schema of the God and their neighbour. Code of Canon Law54 was prepared and was §2 Clerics are to behave with due prudence in submitted to the Pope on 22 April 1982.55 The relation to persons whose company can be a texts of canons 250 and 251 of the 1980 schema danger to their obligation of preserving conti- became canons 279 and 280 of the 1982 schema: nence or can lead to scandal of the faithful. Canon 279, 1 §1. Clerics are obliged to observe §3 The diocesan Bishop has authority to estab- perfect and perpetual continence for the sake lish more detailed rules concerning this matter, of the Kingdom of heaven, and are therefore and to pass judgment on the observance of the bound to celibacy. Celibacy is a special gift of obligation in particular cases.59

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Canon 277§1 defines the obligation of celi- in the full truth of eternal life.63 bacy, and the motivations for being celibate, Continence is to be consciously chosen for especially for the Kingdom of God. Canon the sake of the kingdom of heaven. The Church 277§2 advises clerics to be prudent so as not requires celibacy for priests because it sees a to endanger their continence or cause scan- link between celibacy and ordination: dal. The 1983 Code does not single out men or For an adequate priestly spiritual life, celibacy women as being a source of scandal, and ought not to be considered and lived as an iso- leaves it to the diocesan bishop to make par- lated or purely negative element, but as one as- ticular law concerning this matter as well as to pect of a positive, specific and characteristic make judgments on particular cases. Clerics approach to being a priest. Leaving father and cannot validly marry without a dispensation mother, the priest follows Jesus the Good Shep- from celibacy. If they marry without a dispen- herd in an apostolic communion, in the service sation from celibacy, they are automatically of the people of God. Celibacy, then, is to be welcomed and continually renewed with a free removed from office, and can eventually be 60 and loving decision as a priceless gift from God, dismissed from the clerical state. as an ‘incentive to pastoral charity’, as a singu- Significantly Pope John Paul ll decided to lar sharing in God’s fatherhood and in the fruit- make continence obligatory for all clerics in fulness of the Church, and as a witness to the the Latin Church, whether they were married world of the eschatological kingdom.64 deacons or not. This decision illustrates the Clerics profess undivided loyalty to Christ absolute conviction that Pope John Paul ll had and the Church. People usually marry, so the concerning the importance and value of celi- commitment of celibacy requires discipline and bacy and continence. His approach fits in per- a determined spiritual effort. The Pope was fectly with the argument of Cochini that all conscious of the difficulties and pointed out: clerics within the Latin Church, from apostolic At the same time let priests make use of all the times, were obliged to continence.61 supernatural and natural helps which are now available to all. Once again it is prayer, together Apostolic Exhortation Pastores Dabo Vobis with the Church’s sacraments and ascetical practice, which will provide hope in difficulties, After the 1990 Synod of Bishops, Pope John forgiveness in failings, and confidence and cour- Paul ll issued the Apostolic Exhortation on age in resuming the journey.65 priestly formation.62 In it he stated that celi- As Pope John Paul ll taught in his encyc- bacy is a special charism: lical Veritatis splendor, 22 it is not possible Referring to the evangelical counsels, the coun- for a human being, using only his own strength cil states that pre-eminent among these coun- alone, to transcend human aspirations.66 sels is that precious gift of divine grace given to some by the Father (cf. Mt. 19:11; 1 Cor 7:7) in Apostolic Exhortation Sacramentum order more easily to devote themselves to God Caritatis alone with an undivided heart (cf. 1 Cor. 7:32- 34) in virginity or celibacy. This perfect conti- A Synod of Bishops devoted to the Eucharist nence for love of the kingdom of heaven has was held in October 2005. At the synod the always been held in high esteem by the church issue of married clergy was raised in order to as a sign and stimulus of love, and as a singular alleviate the shortage of priests and to make source of spiritual fertility in the world.… In virginity or celibacy, the human being is await- celebrations of the Eucharist more accessible ing, also in a bodily way, the eschatological for people. marriage of Christ with the church, giving him- Following the Synod, Pope Benedict XVl self or herself completely to the church in the addressed the issues of celibacy and conti- hope that Christ may give himself to the church nence within the context of his apostolic ex-

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hortation on the Eucharist in no. 24 where he Faith, on November 4, 2009, promulgated an pointed out that: Apostolic Constitution, Anglicanorum The Synod Fathers wished to emphasise that Coetibus, Providing for Personal Ordinariates the ministerial priesthood, through ordination, for Anglicans Entering into Full Communion calls for complete configuration to Christ… with the Catholic Church.69 The document This choice on the part of the priest expresses provides for the spiritual and liturgical herit- in a special way the dedication that conforms age of Anglicans, and addresses issues for him to Christ and his exclusive offering of him- former Anglican clergy entering in full com- self for the Kingdom of God. The fact that Christ munion. It states concerning celibacy in no. himself, the eternal priest, lived his mission even VI. to the sacrifice of the Cross in the state of virginity constitutes the sure point of reference §1: Those who ministered as Anglican deacons, for understanding the meaning of the tradition priests, or bishops, and who fulfill the requi- of the Latin Church. It is not sufficient to un- sites established by canon law and are not im- derstand priestly celibacy in purely functional peded by irregularities or other impediments terms. Celibacy is really a special way of con- may be accepted by the Ordinary as candidates forming oneself to Christ’s own way of life…it for Holy Orders in the Catholic Church. In the is a profound identification with the heart of case of married ministers, the norms established Christ the Bridegroom who gives his life for his in the Encyclical Letter of Pope Paul VI Bride… I reaffirm the beauty and the impor- Sacerdotalis coelibatus, n. 42 and in the State- tance of a priestly life lived in celibacy as a sign ment In June, are to be observed. Unmarried expressing total and exclusive devotion to Christ, ministers must submit to the norm of clerical to the Church and to the Kingdom of God.67 celibacy of CIC can. 277, §1. Pope Benedict XVl has reiterated the iden- §2. The Ordinary, in full observance of the dis- tification between the priest and the person of cipline of celibate clergy in the Latin Church, as Jesus Christ. The way of life of the priest is to a rule (pro regula) will admit only celibate men be modelled on that of Jesus himself. Being a to the order of presbyter. He may also petition the Roman Pontiff, as a derogation from can. priest is not just a functional job. The priest is 277, §1, for the admission of married men to the required to conform his way of life to that of order of presbyter on a case by case basis, ac- Jesus Christ. Pope Benedict XVl, in an address cording to objective criteria approved by the to the Roman Curia on 22 December 2006 Holy See.70 pointed out that the rationale for celibacy, ‘The These procedures for the granting of a solely pragmatic reasons, the reference to privilege are the same as those for the ‘Pasto- greater availability, is not enough: such a ral Provision’ for Episcopalian priests in the greater availability of time could easily become United States being ordained as Catholic also a form of egoism that saves a person from priests.71 the sacrifices and efforts demanded by the Father Gianfranco Ghirlanda S.J., Rector of reciprocal acceptance and forbearance in mat- the Pontifical Gregorian University, points out rimony; thus, it could lead to a spiritual im- that: poverishment or to hardening of the heart.’68 …by the concession that those who were mar- The priest represents Jesus Christ and acts in ried Anglican ministers, including bishops, may his name in a special way. His celibacy ex- be ordained priests according to the norms of presses his total and exclusive devotion to the Encyclical letter of Paul Vl Sacerdotalis Christ, and his commitment to carrying on his coelibatus, n. 42 and of the Declaration In June, mission. while remaining in the married state (Ap. Cons. Vl § 1); 4. by the possibility that, following a Anglicans In Full Communion process of discernment based on objective criteria and the needs of the Ordinariate (CN Art. The Congregation for the Doctrine of the 6§ 1), the Ordinary may also petition the Ro-

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man Pontiff, on a case by case basis, to admit number of priests were married men, chosen married men to the priesthood as a derogation and ordained following the Judaic of CIC can. 277§1, although the general norm of tradition…This is a phase of the Church that the Ordinariate will be to admit only celibate was undergoing the process of organising itself, men (Ap. Cons. Vl § 2)72 and, to put it in this way, of experimenting with Former married Anglican bishops can only what, as a discipline of the states of life, best be ordained priests when they enter the reflected the ideal and the advice which the Lord had proposed. Based on experience and reflec- Ordinariate. This practice respects the tradition, the discipline of celibacy has continued to tion of the Church as reflected by the Oriental slowly affirm itself, until it has become general- Churches which require all bishops to be celi- ised in the Western Church, by virtue of ca- bate. Former married Anglican priests may be nonical legislation.73 ordained as Catholic priests. However, it is A Priest acts ‘in the person of Christ the clear that future candidates for ordination as Head.’74 By virtue of his ordination, a priest is priests in the Personal Ordinariates will have sacramentally configured and ontologically to be celibate. identified with Christ. The priest is not simply another Christ like every baptised Christian. Conclusion Rather a priest represents Christ precisely in his leadership role as head of the body the Pope John Paul ll at a General Audience sum- Church. Just as Jesus does not marry and is marised the history of the law on celibacy: totally committed to his mission, the Church Jesus did not promulgate a law, but rather pro- requires that those to be ordained as priests posed an ideal of celibacy for the new priest- have discerned a vocation to celibacy, before hood that he was instituting. This ideal has been they are ordained and act in his name. Their increasingly affirmed in the Church. It may be celibacy expresses their complete and total understood that, in the first phase of dissemi- identification with Christ and their commitment nation and development of Christianity, a large to continuing his mission.

NOTES

1 Christian Cochini, S.J., The Apostolic Origins of bacy, 251. Priestly Celibacy, trans. Nelly Marans, (San Fran- 6 Alfons Stickler, The Case for Clerical Celibacy, cisco: Ignatius Press, 1990), 469 p, French original 14. 1981. 7 Canon 266§1. “By the reception of the diaconate Roman Cholij, Clerical Celibacy in East and West, a person becomes a cleric, and is incardinated in (Herefordshire: Fowler Wright Books, 1989), 226 the particular Church or personal Prelature for p. whose service he is ordained.” Alphons Cardinal Stickler, The Case for Clerical 8 J. Provost, “Offences against the Sixth Com- Celibacy: Its Historical Development and Theo- mandment: Toward a Canonical Analysis of Canon logical Foundations, trans. Brian Ferme, (San Fran- 1395”, The Jurist, 55(1995), 650. I think his defi- cisco: Ignatius Press), 1995. nition of celibacy as “not being married”, is techni- 2 Heinz Vogels, Celibacy – Gift or Law? A Critical cally correct in law, but there is a need to take into Investigation, (London: Burns and Oates, 1992), account the fact that it is a positive quality ex- 3 Roger Balducelli, “The Apostolic Origins of Cleri- pressing one’s commitment to Christ, and is not cal Continence: A critical Appraisal of a New just a negative quality of not marrying. Book”, Theological Studies, 43(1982), 693-705. 9 Roman Cholij, “Clerical Celibacy in the Western 4 George Dennis, Theological Studies, 52(1991), Church: Some Clarifications”, Priests and People, 738-739. September, 1989, 301. 5 Cochini, The Apostolic Origins of Priestly Celi- 10 John Paul ll, Apostolic Exhortation, Pastores

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dabo vobis, 25 March 1992, AAS, 84(1992), no. 22 Concilia Africae a. 345-525, ed. By Munier, 29. (hereinafter PDV) Corpus Christianorum, Series Latina 149, (Turn- Richard Sipe has a definition of “Celibacy is a out, 1974) 13; in Alfons Stickler, The Case for freely chosen dynamic state, usually vowed, that Clerical Celibacy, 24. involves an honest and sustained attempt to live 23 Cholij, Clerical Celibacy in East and West, 37. without direct sexual gratification in order to serve 24 PG 67, English translation in Cochini, The Ap- others productively for a spiritual motive”, in Celi- ostolic Origins of Priestly Celibacy, 320. bacy: a way of loving, living and serving, (Mis- 25 Codex Justinianus, l, 3, 44, in Cochini, The Ap- souri: Triumph Books, 1996), 41. ostolic Origins of Priestly Celibacy, 354. Paul Vl, Encyclical, Sacerdotalis Caelibatus, 24 26 Cholij, Clerical Celibacy in East and West, 73. June 1967, AAS, 59(1967), 657-697. 27 English translation from Henry Percival, (Ed.), 11 Luke 18:28-30. Scripture translations taken from The Seven Ecumenical Councils of the Undivided the New Revised Standard Version, 1995, (New Church, (New York: Charles Scribner’s Sons, 1900), York: Oxford University Press). 67. 12 1 Corinthians 7: 32-33. 28 Cochini, Apostolic Origins of Priestly Celibacy, 13 Ignace De la Potterie, S.J., “The Biblical Foun- 171. dations of Priestly Celibacy”, For Love Alone: 29 Cochini, Apostolic Origins of Priestly Celibacy, Reflections on Priestly Celibacy, Ed. Divo Barsotti, 177. (Slough: St. Pauls, 1993), 219. 30 Cholij, Clerical Celibacy in East and West, 138 14 De la Potterie, “The Biblical Foundations of ff. Priestly Celibacy”, 23. 31 Council of Trullo; English translation in Cholij, 15 Paul Williamson, Seminar on Priestly Celibacy, Clerical Celibacy in East and West, 115-116 at Holy Cross Seminary, Auckland, 2000. 32 Cholij, Clerical Celibacy in East and West, 199. 16 1 Clement 33, 1-2; Ignatius of Antioch, Letter to 33 First Lateran Council, English translation in Polycarp, 5, 2. Decrees of the Ecumenical Councils, vol. 1, 194. 17 Cochini, Apostolic Origins of Priestly Celibacy, 34 Quoted in Stickler, The Case for Clerical Celi- 112. He has list of married clergy 87-123. bacy, 50. 18 Cholij, Clerical Celibacy in East and West, 36. 35 Council of Trent, Canon 9. “If anyone says 19 “But if laymen are asked to abstain from rela- that clerics in holy orders, or regulars who have tions with their wives for the sake of prayer, what made solemn profession of chastity, may contract should one think [then] of the bishop, of him who marriage, and that such a contract is valid, in spite must be able to present spotless offerings to God of church law and the vow…let him be anathema.” every day, for his own sins and for those of the English translation in Decrees of the Ecumenical people?…Let the bishop also practice abstinence: Councils, vol. 2, 755. not only, as some think, with respect to carnal 36 Codex Iuris Canonici (1917), Pope Pius X, desires and embraces with his wife, but also with (Rome: Typis Polyglottis Vaticanis, 1917); Eng- respect to all the troubles that can agitate the soul”, lish trans. Edward Peters, San Francisco, Ignatius in Cochini, The Apostolic Origins of Priestly Celi- Press, 2001. “Canon 132§ bacy, 238. §2. Minor clerics can enter marriage, but, unless the 20 “he orders that the bishops be the husband of marriage was null because of inflicted force and fear, an only wife, not in order to exclude the one who they drop from the clerical state by the law itself. never took part in the marriage (which is in fact §3. A married man, who, even in good faith, takes beyond the law), but so that, through conjugal chas- up major orders without apostolic dispensation is tity, he keep the grace of his baptism, and on the prohibited from exercising those orders.” other hand, the apostolic authority does not ask 37 Codex Iuris Canonici (1917), Pope Pius X, him to beget children during his priestly [career]; Rome, Typis Polyglottis Vaticanis, 1917; English [the Apostle] did talk about a man who [already] trans. Edward Peters, (San Francisco: Ignatius had children, but not about one who is begetting Press, 2001). “Canon 133§1. Clerics should take [others] or contracts a new marriage.”, in Cochini, care not to retain or in other ways to frequent women The Apostolic Origins of Priestly Celibacy, 234. upon whom suspicion can fall. 21 Cochini, The Apostolic Origins of Priestly Celi- §2. It is permitted to them to cohabit only with the bacy, 11. sort of women whose natural bond places them

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above suspicion, such as mother, sister, aunt, and perpetuamque propter Regnum coelorum others of this kind, or others whose upright way continentiam, ideoque ad coelibatum adstringuntur.” of life in view of maturity of years removes all “§2. Praescripto paragraphi 1 non tenentur viri suspicion. maturioris aetatis in matrimonio viventes qui iuxta §3. The judgment about retaining or frequenting decreta compentis Episcoporum Conferentiae a women, even those who commonly fall under no Summo Pontifice ad probata, ad diaconatum suspicion, in particular cases where scandal is pos- stabilem promoventur.” sible or where there is given a danger of inconti- 52 1977 Schema Canon 135§1: “Clerici obligatione nence, belongs to the local Ordinary, who can pro- tenentur servandi perfectam perpetuamque prop- hibit clerics from retaining or frequenting [such ter Regnum coelorum continentiam ideoque ad women]. coelibatum adstringuntur. §4. Contumacious [clerics] are presumed [to be liv- §2. Praescripto §1 non tenentur viri maturioris ing in] concubinage.” aetatis in matrimonio viventes qui ad diaconatum 38 K. Wulf, “Commentary on the Decree stabilem promoti sunt; qui tamen et ipsi, amissa Presbyterorum Ordinis, in Commentary on the uxore, ad coelibatum servandum tenentur.”52 Documents of Vatican ll, ed. Herbert Vorgrimler, 53 Canon 250§1. “Clerics are obliged to observe vol. 4, (New York: Herder and Herder, 1969), 279- perfect and perpetual continence for the sake of 288. the Kingdom of heaven, and are therefore bound to 39 W. Bassett and P. Huizing, eds, Celibacy in the celibacy. Church, (New York: Herder and Herder, 1972), §2. The prescription of §1 does not bind men 57-75. who are married and are promoted to the perma- 40 Flannery, 892. nent diaconate.” 41 P.O. 16; English translation in Flannery, 892. Canon 251§1. “Clerics are to behave with due 42 T. L. Bouscarin, CLD, vol 6, 200. prudence in relation to persons whose company 43 Vatican Council ll, O.T. 10; English translation can be a danger to their obligation of preserving in Flannery, Vatican Council ll: The Conciliar and continence or can lead to scandal of the faithful. Post Conciliar Documents, Collegeville, The Li- §2. The diocesan Bishop, having consulted the turgical Press, 1975, 715. Council of Priests, has the authority to establish 44 Vatican Council ll, Perfectae Caritatis, 12, in more detailed rules concerning this matter, and to Flannery, ibid.,618 pass judgment on the observance of the obligation 45 Paul Vl, Encyclical, Priestly Celibacy, in particular cases.” Sacerdotalis caelibatus, 24 June,1967, no.s 14-15, 54 Pontificia Commissio Codici Iuris Canonici St. Paul Editions, 8-9; AAS, 59(1967), 662-663; Recognoscendo, Codex Iuris Canonici Schema Flannery, vol 2, 289 Novissimum, Rome, Typis Polyglottis Vativanis, 46 Synod of Bishops, Apostolic Exhortation, 1982, 308 p. Ultimis temporibus, November 30, 1971; AAS, 55 Nereus Tun Min, The Diocesan Bishop’s Con- 63(1971), 898-922; Flannery, 687. cern for Clerical Celibacy in the Light of Canon 47 AAS 63(1971), 917-918; Flannery, vol. 2, 689- 277§3: Bishops of Myanmar and Priestly Celibacy, 690. Doctoral Thesis, (Rome: Pontificia Universitas 48 John Paul ll, Epistle, Novo Incipiente, 8 April Urbaniana, 2001), 30, has useful material on this. 1979, AAS, 71(1979), 407; Flannery, Vol. 2, 354- Cf. also Edward N. Peters, op. cit., 171. 355. 56 Canon 279§1: “Clerici obligatione tenentur 49 John Paul ll, Encyclical, Redemptor hominis servandi perfectam perpetuamque propter Regnum March 4, 1979; in AAS, 71(1979), 257-324; Eng- coelorum continentiam ideoque ad coelibatum lish translation in Origins, 8(1979), 642. adstringuntur, quod est peculiare Dei donum, quo 50 Pope John Paul ll apostolic exhortation quidem sacri ministri indiviso corde Christo facilius Familiaris consortio, November 22, 1981, no. 16; adhaerere possunt atque Dei hominumque servitio AAS 74(1982), 81-191; Flannery, 826-827. liberius sese dedicare valent. 51 Coetus Studiorum De Clericis, Sessio l, 24-28 §2, Praescripto 1 non tenentur viri qui in October 1966, Communicationes, 16(1984), 174- matrimonio viventes ad diaconatum permanentem 178. “Canon 132§1. Clerici, recepto diaconatus promoti sunt.” ordine, obligatione tenentur servandi perfectam 57 Canon 280§1: “Debita cum prudentia clerici se

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gerant cum personis quarum frequentatio suam 84(1992), 658-804; English translation in Origins, obligationem ad continentiam servandam in 21(1992-1993), 717, 719-759. discrimen vocare aut in fidelium scandalum cedere 63 Pope John Paul ll, Pastores dabo vobis, 29. possit. 64 Pope John Paul ll, Pastores dabo vobis, 29. §2. Competit Episcopo dioecesano ut hac de 65 Pope John Paul ll, Pastores dabo vobis, 29. re, audito Consilio presbyterali, normas statuat 66 Pope John Paul ll, Veritatis splendor, 6 August magis determinatas utque de servata hac obligatione 1993; AAS, 77(1992), 507-785; English translation in casibus particularibus iudicium ferat.” Libreria Editrice Vaticana. 58 Edward N. Peters, “Canonical Considerations 67 Pope Benedict XVl, apostolic exhortation, Sac- on Diaconal Continence”, Studia canonica, ramentum Caritatis, http://www.vatican.va/ 39(2005), 171. holy_father/benedict_xvi/apost_exhortations/ 59 Canon 277§1: “Clerici obligatione tenentur index_en.htm servandi perfectam perpetuamque propter Regnum 68 http://www.vatican.va/holy_father/benedict_xvi/ coelorum continentiam ideoque ad coelibatum speeches/2006/december/documents/ adstringuntur, quod est peculiare Dei donum, quo hf_ben_xvi_spe_20061222_curia-romana_en.html quidem sacri ministri indiviso corde Christo facilius 69 Congregation for the Doctrine of the Faith, adhaerere possunt atque Dei hominumque servitio Apostolic Constitution, Anglicanorum Coetibus, liberius sese dedicare valent. “Providing For Personal Ordinariates for Anglicans §2: “Debita cum prudentia clerici se gerant cum Entering Into Full Communion with the personis quarum frequentatio ipsorum CatholicChurch,”4 November, 2009. http:// obligationem ad continentiam servandam in 212.77.1.245/news_services/bulletin/news/ discrimen vocare aut in fidelium scandalum vertere 24626.php?index=24626&lang=en# APOSTOLIC possit. CONSTITUTIONANGLICANORUM §3. Competit Episcopo dioecesano ut hac de COETIBUS accessed 16 November, 2009. re, normas statuat magis determinatas utque de 70 Congregation for the Doctrine of the Faith, Ibid. huius obligationis observantia in casibus 71 Bishop Bernard Law, “Report of Bishop particularibus iudicium ferat.” Bernard Law on the Episcopal Priests Who Seek 60 Canons 1087, 194§1, 1394§1. Roman Catholic Priesthood,” in Origins, 4 Sep- 61 Cochini, C., Apostolic Origins of Priestly Celi- tember 1980, 10(1980), 178. C.f. Brendan Daly, bacy, (San Francisco: Ignatius Press, 1981). See “Anglican Clergy Becoming Catholic Clergy - Why also Edward N. Peters, “Canonical Considerations Re-ordination?” Canon Law Society of Australia on Diaconal Continence”, Studia canonica, and New Zealand Newsletter, 2009:1; 62-73. 39(2005), 147-180, and Congregation for the 72 Gianfranco Ghirlanda, S.J., “The Significance Clergy, Directory of the Life and Ministry of Dea- of the Apostolic Constitution Anglicanorum cons, http://www.vatican.va/roman_curia/congre- Coetibus,” http://www.catholicculture.org/culture/ gations/ccatheduc/documents/ library/view.cfm?recnum=9178, accessed 16 No- rc_con_ccatheduc_doc_31031998_directorium- vember 2009. diaconi_en.html number 61 73 John Paul ll, General Audience, July 17, 1993, 62 Pope John Paul ll, apostolic exhortation, in L’Osservatore Romano, July 21, 1993, 11. Pastores dabo vobis, 25 March 1992, AAS, 74 “in persona Christi capitis”, LG. 10.

Referring to the evangelical counsels, the council states that pre-eminent among these counsels is that precious gift of divine grace given to some by the Father (cf. Mt. 19:11; 1 Cor 7:7) in order more easily to devote themselves to God alone with an undivided heart (cf. 1 Cor. 7:32-34) in virginity or celibacy. This perfect continence for love of the kingdom of heaven has always been held in high esteem by the church as a sign and stimulus of love, and as a singular source of spiritual fertility in the world.… In virginity or celibacy, the human being is awaiting, also in a bodily way, the eschatological marriage of Christ with the church, giving himself or herself completely to the church in the hope that Christ may give himself to the church in the full truth of eternal life. —Pope John Paul ll, Pastores dabo vobis, 29.

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