THE CATHOLIC UNIVERSITY OF AMERICA A DISSERTATION. Submitted to the Faculty of the. School of Canon Law. Of The Catholic University of America

Transcription

1 THE CATHOLIC UNIVERSITY OF AMERICA An Examination of the Foundation and Activation of the Cooperation of Laity and Pastors in the Munus Docendi in Catechesis according to Canon 776 A DISSERTATION Submitted to the Faculty of the School of Canon Law Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor in Canon Law By Zabrina R. Decker Washington, D.C. 2016

2 An Examination of the Foundation and Activation of the Cooperation of Laity and Pastors in the Munus Docendi in Catechesis according to Canon 776 Zabrina R. Decker, J.C.D. Director: Rev. Robert J. Kaslyn, S.J., J.C.D. Canon 776 of the 1983 Code of Canon Law establishes the obligation of the pastor to provide catechetical formation and responsibility of laity to cooperate in such formation. 1 This study uniquely focuses on the foundation and activation of the cooperation of the lay Christian faithful with pastors in catechesis. Such cooperation derives from baptism (both the right to witness to the gospel message [c. 211] and the correlative obligation of suitable preparation to exercise that right [c. 229]). Chapter one establishes baptism as the canonical foundation for incorporation, personhood and catechetical responsibility in the Church. From this constitutive basis, chapter two presents the ecclesiology of the sanctifying, governing and teaching (catechetical) mission of the Church for both laity and pastors. Conciliar, ecclesial and canonical definitions of catechesis are the focus of chapter three. Chapter four explores the definition of the lay Christian faithful as derived from their ontological status in baptism. This definition provides the specific synthesis required for both unifying the preceeding chapters and setting the basis for the final chapter. Chapter five promotes 1. Canon 776: Parochus, vi sui muneris, catecheticam efformationem adultorum, iuvenum et puerorum curare tenetur, quem in finem sociam sibi operam adhibeat clericorum paroeciae addictorum, sodalium institutorum vitae consecratae necnon societatum vitae apostolicae, habita ratione indolis uniuscuiusque instituti, necnon christifidelium laicorum, praesertim catechistarum; hi omnes, nisi legitime impediti, operam suam libenter praestare ne renuant. Munus parentum, in catechesi familiari, de quo in can. 774, 2, promoveat et foveat.

3 cooperation of laity with pastors through encouragement of a basic shared formation and responsibility in their canonical mission of catechesis. The method used is a conciliar-juridical comparative analysis employing the 1917 and 1983 Codes of Canon Law to illustrate the foundation for catechetical cooperation between laity and pastors while respecting both the common priesthood of all the faithful and the sacramental priesthood. Special focus is given to the instruction Ecclesiae de mysterio and the publication of the United States Conference of Catholic Bishops, Co-Workers in the Vineyard of the Lord. The study contributes to the catechetical canonical mandate found in canon 776 regarding both the ontological obligation of the pastor for the catechetical mission and the active cooperation of laity in catechesis through a focus on shared formation so as to create a common catechetical language. Significantly, the study provides and unifies the theological and canonical basis for participation in the Church s salvific mission (c. 225), the necessity of proper formation (both obligation and right; c. 229), and particular application to the means by which the laity cooperate in catechetical formation.

4 This dissertation by Zabrina R. Decker fulfills the dissertation requirement for the doctoral degree in Canon Law, approved by Robert J. Kaslyn, S.J., J.C.D., as Director, and by John P. Beal, J.C.D., and Kurt Martens, J.C.D., as Readers. Robert J. Kaslyn, S.J., J.C.D., Director John P. Beal, J.C.D., Reader Kurt Martens, J.C.D., Reader ii

5 TABLE OF CONTENTS ABBREVIATIONS... viii CHAPTER ONE Baptism: Salvation, Theology and Canon Law... 5 I. Baptism, Christ and the Church... 6 II. Baptism: Water, Blood and Desire... 7 III. Baptism as Gateway to the Sacraments IV. The Nature and Effects of Valid Baptism A. Rebirth as Children of God B. Configuration to Christ by an Indelible Character V. Canon 204 1: Incorporation, Constitution, Vocation VI. Canon 204 2: The Church VII. Canon 87 and the Historical Context of Canon VIII. Canon IX. The First Bond of Full Communion: The Profession of Faith X. The Second Bond of Full Communion: Sacraments XI. The Third Bond of Full Communion: Ecclesiastical Governance XII. Canon A. Equality in Canon B. Building the Body of Christ Through Condition and Function C. Canon D. Canon CHAPTER TWO Condition, Function, Clerics, Laity and the Triple Munera of the Church I. Condition and Function in the Church iii

6 A. Common and Juridic Condition B. Juridic Condition C. Function II. Clerics and Lay Persons A. Canon 107 of the 1917 Code of Canon Law B. Canon of the 1983 Code of Canon Law C. Common and Ministerial Priesthood D. The Diaconate E. Priesthood and Mission III. The Tria Munera Christi A. The Munus Sanctificandi B. The Munus Regendi C. The Munus Docendi CHAPTER THREE Ecclesial, Conciliar and Codal Foundations of the Teaching Function of the Church and of Catechesis I. Historial Context of Catechesis II. Catechesis in the Context of Book III of the 1983 Code Teaching Munus III. Canon 747 of Book III, the Teaching Function of the Church IV. Canon 750: The Focus of Belief V. Title One: The Ministry of the Divine Word VI. Action and the Divine Word VII. The Actors in the Ministry of the Divine Word A. The Roman Pontiff and the College of Bishops iv

7 B. Bishops C. Presbyters and Deacons D. Institutes of Consecrated Life E. Laity VIII. Focus and Mission of the Divine Word IX. Catechetical Instruction XI. Catholic Education CHAPTER FOUR Lay Christian Faithful: Identity, Mission and Catechesis I. Baptism as Verb II. Baptism of Infants III. Baptism of Adults IV. Baptism and Mission of the Church V. Terminology of Laity VI. Shared Charisms in the Church VII. Communion and Cooperation VIII. The Mission of the Laity IX. Ecclesiae de Mysterio A. The Common Priesthood of the Faithful and the Ministerial Priesthood B. The Unity and Diversity of Ministerial Functions C. The Indispensability of the Ordained Ministry D. The Collaboration of the Non-Ordained Faithful in Pastoral Ministry X. Co-Workers in the Vineyard of the Lord XI. Basic Premise v

8 CHAPTER FIVE Catechetical Cooperation and Formation of Laity and Pastors I. The Mandate of Cooperation in Catechesis: Canon 1333 of the 1917 Code A. Ex debito B. Etsi minime C. Nankin D. Feltren E. Opus a Catechismis F. Acerbo nimis II. Canon 776 of the 1983 Code A. Orbem catholicum B. Provido sane consilio III. Canon 1333 and Canon 776: Terminology and the Concept of being Impeded A. Language of the Laity B. Who is Impeded? C. Impeded Laity IV. Formation for Catechesis A. Who is Chosen to Serve B. The Formational Canons C. Canon 244 The Exhortation D. What makes Formation Human? E. Canon Spiritual Formation F. Canon 248 and Canon Intellectual Formation G. Cultural and Ecumenical Formation vi

9 H. Pastoral Formation I. Continuing (Ongoing) Formation J. Evaluation CONCLUSION BIBLIOGRAPHY vii

10 ABBREVIATIONS A Text and Commentary The Code of Canon Law: A Text and Commentary, ed. J. Coriden, T. Green, and D. Heintschel (New AA Vatican II. Decree Apostolicam actuositatem, AAS 58 (1966) 837- AAS Acta Apostolicae Sedis, Rome ACS Pius XI. Encyclical Ad Catholici Sacerdotii, December 20, 1935: AAS 28 (1936) 5-53 AG Vatican II. Decree Ad gentes, AAS 58 (1966) AN Pius X. Encyclical Acerbo nimis, April 15, 1905: In Emi Petri Cardinal Gasparri, ed. Codicis iuris canonici fontes 3 (Rome: Typis Polyglottis Vaticanis, 1925) AP Paul VI. Motu proprio Ad pascendum, August 15, 1972: AAS 64 (1972) ActaSS Acta Sanctae Sedis, Rome CCC Catechism of the Catholic Church (Washington D.C.: USCC, 1994) CD Vatican II. Decree Christus Dominus, AAS 58 (1966) CIC Codex Iuris Canonici Pii X Pontificis Maximi iussu digestus Benedicti Papae XV auctoritate promulgatus (Rome: Typis Polyglottis Vaticanis, 1917) 83 CIC Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1983) CL Code Annotated John Paul II. Apostolic Exhortation Christifideles laici, December 30, 1988: AAS 81 (1989) Code of Canon Law Annotated. Ernesto Caparros et al., eds. (Montreal: Wilson & Lafleur, 1993) Com Ex Comentario Exegético al Código de Derecho Canónico. A. Marzoa, J. Miras, and R. Rodriguez-Ocaña, eds. 2 nd ed. 5 vols. (Pamplona: EUNSA, 1996) CT DDC John Paul II. Apostolic Exhortation Catechesi tradendae, October 16, 1979: AAS 71 (1979) Dictionnaire de Droit Canonique. 7 Vols. (Paris: Letouzey et Ané, ) viii

11 DF Vatican I. Dogmatic constitution Dei Filius, ActaSS 5 ( ) DH Vatican II. Decree Dignitatis humanae, AAS 58 (1966) DI Diccionario General Directory Docendi Congregation for the Doctrine of the Faith. Declaration, Dominus Iesus, August 6, 2000, AAS 92 (2000) Diccionario General de Derecho Canónico. Javier Otaduy et al., eds., 7 Vols. (Navarre: Editorial Aranzadi, 2012) Congregation for Bishops. Directory for the Pastoral Ministry of Bishops Apostolorum Successores (Città del Vaticano: Libreria Editrice Vaticana, 2004) Pontificia Commissio Codici Iuris Canonici Recognoscendo. Schema Canonum Libri III De Ecclesiae Munere Docendi (Rome: Typis Polyglottis Vaticanis, 1977) DV Vatican II. Dogmatic constitution Dei Verbum, AAS 58 (1966) EG Francis. Apostolic exhortation Evangelii Gaudium, November 24, 2013: AAS 105 N. 12 (2013) EM Congregation for the Clergy, Pontifical Council for the Laity, Congregation for the Doctrine of the Faith, Congregation for Divine Worship and the Discipline of the Sacraments, Congregation for Bishops, Congregation for the Evangelization of Peoples, Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Pontifical Council for the Interpretation of Legislative Texts. Instruction Ecclesiae de mysterio, August 15, 1997, AAS 89 (1997) EN Paul VI. Apostolic exhortation Evangelii nuntiandi, December 8, 1975: AAS 68 (1976) 5-76 EP (Sacred) Congregation for the Doctrine of the Faith. Decree Ecclesiae pastorum, March 19, 1975: AAS 67 (1975) ES Paul VI. Encyclical Ecclesiam suam, August 6, 1964: AAS 56 (1964) EvanP Pius XII. Encyclical Evangelii Praecones, June 2, 1951: AAS 43 (1951) GCD (Sacred) Congregation for the Clergy. Directorium Catechisticum Generale, April 11, 1971: AAS 64 (1972) ; General Catechetical Directory (Washington D.C.: USCC, 1971) ix

12 GCD Congregation for the Clergy. General Directory for Catechesis (Washington D.C.: United States Catholic Conference, 1998) GE Vatican II. Declaration Gravissimum educationis, AAS 58 (1966) GS Vatican II. Pastoral constitution Gaudium et spes, AAS 58 (1966) LG Vatican II. Dogmatic constitution Lumen gentium, AAS 57 (1965) 5-67 Magnificate Pius XII. Allocution Magnificate Dominum, November 2, 1954, AAS 46 (1954) MCC Pius XII. Encyclical Mystici Corporis Christi, June 29, 1943: AAS 35 (1943) MD Pius XII. Encyclical Mediator Dei, November 20, 1947: AAS 39 (1947) MDC MiserR MuniD NDC Manual de Derecho Canónico. Universidad de Navarra, Facultad de Derecho Canónico (Pamplona: Ediciones Universidad de Navarra, S.A., 1988) Pius XI. Encyclical Miserentissimus Redemptor, May 8, 1928: AAS 20 (1928) Pius XII. Apostolic constitution Munificentissimus Deus, November 1, 1950: AAS 42 (1950) Committee on Education and Committee on Catechesis. National Directory for Catechesis (Washington D.C.: United States Conference of Catholic Bishops, 2005) New Commentary New Commentary on the Code of Canon Law. ed. J. Beal, J. Coriden, and T. Green (New York/Mahwah: Paulist, 2000) NMI John Paul II. Apostolic letter Novo Millennio Ineunte, January 6, 2001: AAS 93 (2001) OT Vatican II. Decree Optatam totius, AAS 58 (1966) PA PDV (Sacred) Congregation for the Doctrine of the Faith. Instruction Pastoralis Actio, October 20, 1980: AAS 72 (1980) John Paul II. Apostolic exhortation Pastores Dabo Vobis, March 25, 1992: AAS 84 (1992) PO Vatican II. Decree Presbyterorum ordinis, AAS 58 (1966) PP John XXIII. Encyclical Princeps Pastorum, November 28, 1959: AAS 51 (1959) x

13 PPF 2006 RICA or OICA United States Conference of Catholic Bishops. Program of Priestly Formation, (Washington, DC: United States Conference of Catholic Bishops, 2006) (Sacred) Congregation for Divine Worship. Ordo initiationis Christianae adultorum, January 6, 1972 (Typis Polyglottis Vaticanis,1972) SC Vatican II. Constitution Sacrosanctum Concilium, AAS 66 (1964) SD Pius XII. Allocution Si Diligis, May 31, 1954: AAS 46 (1954) STh St. Thomas Aquinas, Summa Theologiae, Fathers of the English Dominican Province (Notre Dame: Christian Classics, 1981) Tanner Decrees of the Ecumenical Councils, Norman P. Tanner, ed., 2 Vols. (London: Sheed & Ward and Washington: Georgetown University Press, 1990) Trent Council of Trent. Decrees of the Ecumenical Councils ed. NormanTanner: 2. UR Vatican II. Decree Unitatis redintegratio, AAS 57 (1965) Vorgrimler Commentary on the Documents of Vatican II, H. Vorgrimler, ed., 5 Vols. (New York: Herder & Herder, ) xi

14 INTRODUCTION The cooperation of laity and pastors in the exercise of the munus docendi in catechesis is mandated in canon 776 of the 1983 Code of Canon Law which states: By virtue of his function, a pastor is bound to take care of the catechetical formation of adults, youth and children, to which purpose he is to use the help of clerics attached to the parish, of members of institutes of consecrated life and of societies of apostolic life, taking into account the character of each institute, and of lay members of the Christian faithful, especially of catechists. None of these are to refuse to offer their help willingly unless they are legitimately impeded. 1 Canon 776 provides clear responsibility on the part of pastors for the catechesis of the Christian faithful entrusted to him. He is to cooperate with various groups in this catechetical endeavor. The obligation of the lay members of the Christian faithful to cooperate with their pastors in catechesis is so essential that only a legitimate impediment will suffice to justify a refusal. The canon does not offer the canonical or theological basis for this essential catechetical cooperation. The explicit reference to lay persons designated as catechists implies basis in catechetical formation but such formation is not defined in the canon. The implementation of canon 776 requires clarification, basis and definition. This study will research the necessary foundation of catechetical cooperation found in selected conciliar, ecclesial and theological documents as well as canons of the 1917 and 1983 Codes of Canon Law. Such a foundation will then provide the basis for determining specific requirements and 1. Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1983) [hereafter 83 CIC] Canon 776: Parochus, vi sui muneris, catecheticam efformationem adultorum, iuvenum et puerorum curare tenetur, quem in finem sociam sibi operam adhibeat clericorum paroeciae addictorum, sodalium institutorum vitae consecratae necnon societatum vitae apostolicae, habita ratione indolis uniuscuiusque instituti, necnon christifidelium laicorum, praesertim catechistarum; hi omnes, nisi legitime impediti, operam suam libenter praestare ne renuant. English translation from Code of Canon Law, Latin-English Edition: New English Translation (Washington, DC: CLSA, 1998). All subsequent English translations of canons from the code will be taken from this source unless otherwise indicated. 1

15 means by which such lay cooperation is activated, that is, the means by which a pastor entrusts 2 such responsibility to specific lay individuals as required in canon 776. This dissertation consists of five chapters. Chapter one will explore baptism as the gateway to the sacraments. Special focus will be given to canon 96, which notes that incorporation and personhood in the Church of Christ derives from and is concomitant with baptism. Further emphasis will be given to the canonical concept of personhood in the Church. Canon 96 then references certain duties and rights commensurate with condition flowing from the canonical effects of baptism; analysis of such condition is provided through the perspective of the Christian faithful as participants in the triple munera as found in canon 204 and more specifically, for this study, the munus docendi in catechesis. From this foundation, chapter two will then further explore the common and ministerial priesthood of the faithful. It will also examine the exercise of the triple munera as means for understanding the Church s mission in the world by providing the canonical and theological context for lay catechetical cooperation. Each of the three munera - sanctifying, governing and teaching -will be examined from the viewpoint of the participation or cooperation of lay faithful in this mission with reference to both historical and canonical underpinnings. Pertinent to this study, the prophetic munus encompasses both preaching (the genus or broader category) and catechesis (the species or specific field within the broader category). General references to the broader category must suffice while giving priority to catechesis. 2 An examination of the 2. Preaching is an integral part of the prophetic munus and will be mentioned in chapter two but it is not the focus of this dissertation and a detailed study of laity and preaching will be left for future investigation.

16 munera will assist to establish the larger ecclesiological context within which the lay faithful 3 cooperate with pastors in the Church s prophetic munus as active participants in catechesis. From baptismal implications establishing ecclesial personhood in chapter one and lay faithful participation in the munus docendi in chapter two, chapter three will examine catechesis itself and the lay faithful s cooperation. First, the nature of catechesis will be traced through select documents of the Second Vatican Council and select ecclesial documents. Then, catechesis in book III of the code, The Teaching Function of the Church, will be explored. This material, in conjunction with the first two chapters will present a more complete picture of lay cooperation as found in chapter four which explores the connection between the ontological status of the Christian faithful and involvement in the identity, charism and mission of the Church through catechesis. Special emphasis will be given to the instruction, Ecclesiae de mysterio and the publication of the United States Conference of Catholic Bishops, Co-Workers in the Vineyard of the Lord. Chapter five will then present a historical examination of canon 1333 of the 1917 Code. This canon is the precursor of canon 776 of the 1983 Code. The basis of catechetical cooperation will be traced through various ecclesial documents with an emphasis on the function of the lay Christian faithful and the potential canonical mission exercised in nomine ecclesiae with lay Christian faithful officially cooperating with pastors in the exercise of the munus docendi. The process utilized for establishing this cooperation will be similar to the method used in the previous chapter by tracing the cooperation of laity and pastors in catechesis through select documents of the Second Vatican Council, ecclesial documents and selected canons from both codes. The chapter will conclude with an emphasis on shared formation between clerics

17 (pastors) and laity. In this way, this final chapter will tie together the concepts presented in the 4 previous chapters and complete the vision of cooperation by stressing the common education of all who mission within the munus docendi. The dissertation will contribute to canonical studies by providing not only the conciliar, ecclesial and canonical background for the cooperation of the lay Christian faithful with pastors in the exercise of the munus docendi in catechesis but also the basis for formal activation of that ability to cooperate through examination of the condition and function of laity and activation of canonical mission. This contribution will assist not only canonists but pastors and lay Christian faithful as well as all who seek new ways in the future to cooperate in catechesis for the education of the People of God.

18 CHAPTER ONE Baptism: Salvation, Theology and Canon Law Chapter one will first analyze the theological effects of the sacrament of baptism found in canon 849 of the 1983 Code of Canon Law by noting the relationship of baptism to configuration to Christ and rebirth as children of God. This theological foundation will then lead to an examination of baptism as the gateway to the sacraments and necessary for salvation. Elemental aspects of baptism by water, desire and blood will be examined. Canon 204 will lead to an exploration of canonical juridical effects such as incorporation into the Church. From this, canon 96, draws a relationship between condition and function of the faithful with relationship through the three bonds of full communion in the Church, as found in canon 205. The concept of condition and function of the faithful is clarified and presented in canon 208 as an active choice on the part of each person to cooperate, through equality in baptism, the bond of communion and concern for the common good, in the building of the Kingdom of God. Canon 849 reads: Baptism, the gateway to the sacraments and necessary for salvation by actual reception or at least by desire, is validly conferred only by a washing of true water with the proper form of words. Through baptism men and women are freed from sin, are reborn as children of God, and, configured to Christ by an indelible character, are incorporated into the Church Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1983) [hereafter 83 CIC] Canon 849: Baptismus, ianua sacramentorum, in re vel saltem in voto ad salutem necessarius, quo homines a peccatis liberantur, in Dei filios regenerantur atque indelebili charactere Christo configurati Ecclesiae incorporantur, valide confertur tantummodo per lavacrum aquae verae cum debita verborum forma. English translation from Code of Canon Law, Latin-English Edition: New English Translation (Washington, DC: CLSA, 1998). All subsequent English translations of canons from this code will be taken from this source unless otherwise indicated. 5

19 6 I. Baptism, Christ and the Church The three terms found in canon 849: freedom from sin, rebirth, and configuration to Christ, constitute the one divine plan of salvation, offered to all through the generosity of God. The knowledge and response of humanity to this offer differs but the steadfastness of God remains. Lumen gentium 16 teaches: There are those who search for the unknown God in shadows and images; God is not far from people of this kind since he gives to all life and breath and everything (see Ac 17, 25-28), and the Saviour wishes all to be saved (see 1 Tm 2, 4). There are those who without any fault do not know anything about Christ or his church, yet who search for God with a sincere heart and, under the influence of grace, try to put into effect the will of God as known to them through the dictate of conscience: these too can obtain eternal salvation. Nor does divine Providence deny the helps that are necessary for salvation to those who, through no fault of their own, have not yet attained to the express recognition of God yet who strive, not without divine grace, to lead an upright life. For whatever goodness and truth is found in them is considered by the church as a preparation for the gospel and bestowed by him who enlightens everyone that they may in the end have life. 2 This statement finds clarification in Dominus Iesus 12: Furthermore, the salvific action of Jesus Christ, with and through his Spirit, extends beyond the visible boundaries of the Church to all humanity. Speaking of the paschal mystery, in which Christ even now associates the believer to himself in a living manner in the Spirit and gives him the hope of resurrection, the Council states: All this holds true not only for Christians but also for all men of good will in whose hearts grace is active invisibly. For since Christ died for all, and since all men are in fact called to one and the same destiny, which is divine, we must hold that the Holy Spirit offers to all the possibility of being made 2. Vatican II, dogmatic constitution Lumen gentium 16, November 21, 1964: AAS 57 (1965) [hereafter LG] 20: Neque ab aliis, qui in umbris et imaginibus Deum ignotum quaerunt, ab huiusmodi Deus ipse longe est, cum det omnibus vitam et inspirationem et omnia (cfr. Act.17, 25-28), et Salvator velit omnes homines salvos fieri (cfr. i Tim. 2, 4). Qui enim Evangelium Christi Eiusque Ecclesiam sine culpa ignorantes, Deum tamen sincero corde quaerunt, Eiusque voluntatem per conscientiae dictamen agnitam, operibus adimplere, sub gratiae influxu, conantur, aeternam salutem consequi possunt. Nec divina Providentia auxilia ad salutem necessaria denegat his qui sine culpa ad expressam agnitionem Dei nondum pervenerunt et rectam vitam non sine divina gratia assequi nituntur. Quidquid enim boni et veri apud illos invenitur, ab Ecclesia tamquam praeparatio evangelica aestimatur 34 et ab Illo datum qui illuminat omnem hominem, ut tandem vitam habeat. English Translation from Decrees of the Ecumenical Councils, ed. Norman Tanner, 2 vols. (London and Washington: Sheed & Ward and Georgetown University Press, 1990) [hereafter Tanner] 2:861.

20 partners, in a way known to God, in the paschal mystery. Hence, the connection is clear between the salvific mystery of the Incarnate Word and that of the Spirit, who actualizes the salvific efficacy of the Son made man in the lives of all people, called by God to a single goal, both those who historically preceded the Word made man, and those who live after his coming in history: the Spirit of the Father, bestowed abundantly by the Son, is the animator of all (cf. Jn 3:34). 3 7 II. Baptism: Water, Blood and Desire God s plan of salvation reaches its culmination and definitive revelation in the life, death and resurrection of Jesus Christ, who willed His Church to continue His salvific mission until He returns. The Sacrament of Baptism is the prerequisite for incorporation into the visible society and mystical body of Christ, the Church. Baptism by desire or by blood can also serve as the prerequisite to the salvific reality of the Church which transcends physical boundaries. In baptism, the sacrifice made by Christ in his dying and the salvific nature of His resurrection is shared by all who receive the sacrament by water and word. Salvation is also offered through desire for baptism without access to sacramental means. He has delivered us from the dominion of darkness and transferred us to the kingdom of his beloved Son, in whom we have redemption, the forgiveness of sins there is a transition from that state in which a person is born as a child of the first Adam to the state 3. Congregation for the Doctrine of the Faith, declaration, Dominus Iesus 12, August 6, 2000: AAS 92 (2000) [hereafter DI] : Praeterea, ultra Ecclesiae fines visibiles, actio salvifica Iesu Christi, cum Spiritu Eius et per Spiritum Eius, hominum genus universum pertingit. De mysterio paschali agens, in quo Christus iam nunc credentes sibi vitaliter sociat in Spiritu eisque spem confert resurrectionis, Concilium Vaticanum II asserit: «Quod non tantum pro christifidelibus valet, sed et pro omnibus hominibus bonae voluntatis in quorum corde gratia invisibili modo operatur. Cum enim pro omnibus mortuus sit Christus cumque vocatio hominis ultima revera una sit, scilicet divina, tenere debemus Spiritum Sanctum cunctis possibilitatem offerre ut, modo Deo cognito, huic paschali mysterio consocientur.» Patet igitur coniunctio inter mysterium salvificum Verbi incarnati et mysterium Spiritus Sancti, quippe quod nonnisi in id respiciat, ut nempe influxus salvificus Filii, hominis facti, ad effectum adducatur in vita cunctorum hominum, qui ad unam eandemque metam a Deo vocantur, sive tempore ipsi praecesserint adventum Verbi hominis facti sive post Eius incarnationem vitam in historiae cursu agant: iis omnibus animator exstat Spiritus Patris, quem Filius hominis sine mensura donat (cfr Io 3,34). English translation from: (accessed November 5, 2013). All subsequent English translations of DI will be from this source unless otherwise indicated.

21 of grace and of adoption as children of God through the agency of the second Adam, Jesus Christ our savior; indeed, this transition, once the gospel has been promulgated, cannot take place without the waters of rebirth or the desire for them, as is written: Unless a person is born again of water and the holy spirit, he cannot enter the kingdom of God. 4 If anyone says that the sacraments of the new law are not necessary for salvation but are superfluous, and that people obtain the grace of justification from God without them or a desire for them, by faith alone, though all are not necessary for each individual: let him be anathema. 5 Canon 849 and the Council of Trent recognize that baptism by desire or blood can, through grace, have salvific effect. If a person consciously holds a desire for baptism but cannot obtain the sacrament due to physical impossibility or if they shed their blood for the faith, their salvation is operative through their desire. The Catechism of the Catholic Church teaches that: For catechumens who die before their Baptism, their explicit desire to receive it, together with repentance for their sins, and charity, assures them the salvation that they were not able to receive through the sacrament. 6 Hospordár notes: According to St. Thomas Aquinas, baptism of desire does not operate ex opera operato (through the act itself), but ex opere operantis through the personal act of love and strength, to which God responds with his own love Council of Trent, Session 6, January 13, 1547, Decretum de iustificatione, c. 3-4 [hereafter Trent]: et eripuit de potestate tenebrarum, transtulitque in regnum Filii dilectionis suae, in quo habemus redemptionem et remissionem peccatorum ub sit translation ab eo statu, in quo homo nascitur filius primi Adae, in statum gratiae et adoptionis filiorum Dei, per secundum Adam Iesum Christum salvatorem nostrum; quae quidem translation post evangelium promulgatum sine lavacro regenerationis aut eius voto fieri non potest, sicut scriptum est: Nisi quis renatus fuerit ex aqua et Spiritu sancto, non potest introire in regnum Dei. Tanner, 2: Trent, Session 7, March 3, 1547, Decretum primum [De sacramentis] c. 4: Si quis dixerit, sacramenta novae legis non esse ad salute necessaria, sed superflua, et sine eis aut eorum voto per solam fidem homines a Deo gratiam iustificationis adipisci, licet Omnia singulis necessaria non sint: a. s. Tanner, 2: Catechism of the Catholic Church (Washington DC: United States Catholic Conference, 1994) [hereafter CCC] Michal Hospodár, Baptism and its Consequences for our Life, E-Theologos 3.2 (2012) 175.

22 A debate regarding the inclusion of the distinction between baptism by water and baptism by desire or blood was taken up in the final redaction of the 1980 schema of the code. Here, it was suggested that, since baptism by desire or blood produced no juridic effects, the distinction drawn in the canon 849 between baptism by water and baptism by desire be dropped. This was rejected due to its doctrinal importance. 8 It was recognized that the limitations inherent in the juridic effects of baptism cannot limit the salvific will of God through Christ. Through the Spirit, a person may possess openness to the desire of salvation without the conscious acknowledgement of baptism as the basis of this internal longing. The encyclical Mystici Corporis Christi of Pius XII, treats the question of those who have an unconscious desire for salvation but are not united to the visible Church through baptism: As you know, Venerable Brethren, from the very beginning of Our Pontificate, We have committed to the protection and guidance of heaven those who do not belong to the visible Body of the Catholic Church, solemnly declaring that after the example of the Good Shepherd We desire nothing more ardently than that they may have life and have it more abundantly. Imploring the prayers of the whole Church We wish to repeat this solemn declaration in this Encyclical Letter in which We have proclaimed the praises of the "great and glorious Body of Christ" and from a heart overflowing with love We ask each and every one of them to correspond to the interior movements of grace, and to seek to withdraw from that state in which they cannot be sure of their salvation. For even though by an unconscious desire and longing they have a certain relationship with the Mystical Body of the Redeemer, they still remain deprived of those many heavenly gifts and helps which can only be enjoyed in the Catholic Church. Therefore may they enter into Catholic unity and, joined with Us in the one, organic Body of Jesus Christ, may they together with us run on to the one Head in the Society of glorious love. Persevering 9 8. See discussion Relatio: Liber IV: De Ecclesiae Munere Sanctificandi, Communicationes 15 (1983) 177: Canon 802: 2. Omittatur «in re vel saltem in voto necessarius», nam conceptus baptismi «in voto» clarus non est, et alia ex parte nullum habet iuridicum momentum, immo confusionem quondam gignere poset in ordine ad prescriptam validitatem lavacri aquae (Duo Patres). R. Non admittitur: servanda est clausula «vel saltem en voto», quae iam in can. 737 C.I.C. continetur et magni est momenti quoad doctrinam.

23 10 in prayer to the Spirit of love and truth, We wait for them with open and outstretched arms to come not to a stranger's house, but to their own, their father's home. 9 In the quote above, Pius XII responded to two extreme views; one that would hold that an implicit salvific yearning would never result in salvation and the other, that salvation can be found equally in every religion. The determining factor for one possessing the unconscious desire for salvation is the disposition of the person; openness to the grace of God and the condition of the soul. The choices that are made in life might lead to salvation even though a conscious awareness of the movement of the Spirit may not be present. In Mysterio, Pius recognized the active human response to the invitation of the Spirit which will lead to the Catholic Church, their father s home. A separate salvific question arises for those who are baptized but not into the Catholic Church. Two counciliar documents promulgated in 1964 treat this issue. The dogmatic constitution on the Church, Lumen gentium, and the decree Unitatis redintegratio, on 9. Pius XII, encyclical Mystici Corporis Christi, June 29, 1943: AAS 35 (1943) [hereafter MCC] : Hos etiam, qui ad adspectabilem non pertinent Catholicae Ecclesiae compagem, ut profecto nostis, Venerabiles Fratres, inde ab inito Pontificatu, supernae Nos commisimus tutelae supernoque regimini, sollemniter adseverantes nihil Nobis, Boni Pastoris exemplum sequentibus, magis cordi esse, quam ut vitam habeant et abundantius habeant. Quam quidem sollemnem adseverationem Nostram per Encyclicas has Litteras, quibus «magni et gloriosi Corporis Christi» laudes praedicavimus, imploratis totius Ecclesiae precibus, iterare cupimus, eos singulos universos mantissimo animo invitantes, ut internis divinae gratiae impulsionibus ultro libenterque concedentes, ab eo statu se eripere studeant, in quo de sempiterna cuiusque propria salute securi esse non possunt; quandoquidem, etiamsi inscio quodam desiderio ac voto ad mysticum Redemptoris Corpus ordinentur, tot tamen tantisque Caelestibus muneribus adiumentisque carent, quibus in Catholica solummodo Ecclesia frui licet. Ingrediantur igitur catholicam unitatem, et Nobiscum omnes in una Iesu Christi Corporis compagine coniuncti, ad unum Caput in gloriosissimae dilectionis societate concurrant. Numquam intermissis ad Spiritum dilectionis et veritatis precibus, eos Nos elatis apertisque manibus exspectamus, non tamquam alienam, sed propriam paternamque domum adituros. English translation from The Papal Encyclicals , ed. Claudia Carlen, 5 vols. (Raleigh, NC: Pierian Press: 1981), 4: 58.

24 ecumenism, approach this topic with respect for the individual faith journey while clearly stating the belief of salvation through the Church. Lumen gentium teaches: For several reasons, the church recognizes that it is joined to those who, though baptized and so honoured with the Christian name, do not profess the faith in its entirety or do not preserve the unity of communion under the successor of Peter.They are marked by baptism, by which they are joined to Christ the Spirit arouses in all of Christ s disciples desire and action so that all may be peacefully united, in the way established by Christ, in one flock under one shepherd. 10 Unitatis redintegratio not only recognized that groups had separated from the Church but went beyond this fact to recognize and offer invitation to those who were a generation removed from the original schismatics: Those who are now born into these communities and who are brought up in the faith of Christ cannot be accused of the sin involved in the separation, and the catholic church looks upon them as sisters and brothers, with respect and love. 11 Confirmation of the statement above is found in the declaration, Dominus Iesus. Here, again, it is clear that the fullness of salvation flows from Christ s catholic church. On the other hand, the ecclesial communities which have not preserved the valid Episcopate and the genuine and integral substance of the Eucharistic mystery, are not Churches in the proper sense; however, those who are baptized in these communities are, by Baptism, incorporated in Christ and thus are in a certain communion, albeit imperfect, with the Church. Baptism in fact tends per se toward the full development of life in Christ, through the integral profession of faith, the Eucharist, and full communion in the Church LG 15; AAS 57(1965)19: Cum illis qui, baptizati, christiano nomine decorantur, integram autem fidem non profitentur vel unitatem communionis sub Successore Petri non servant, Ecclesia semetipsam novit plures ob rationes coniunctam. baptismo signantur, quo Christo coniunguntur Ita Spiritus in cunctis Christi discipulis desiderium actionemque suscitat, ut omnes, modo a Christo statuto, in uno grege sub uno Pastore pacifice uniantur. Tanner, 2: Vatican II, decree Unitatis redintegratio 3, November 21, 1964: AAS 57 (1965) [hereafter UR] 93-94: Qui autem nunc in talibus Communitatibus nascuntur et fide Christi imbuuntur, de separationis peccato argui nequeunt, eosque fraterna reverentia et dilectione amplectitur Ecclesia catholica. Tanner, 2: DI 17; AAS 92 (2000) : Illae vero Communitates ecclesiales, quae validum Episcopatum et genuinam ac integram substantiam eucharistici mysterii non servant, sensu proprio Ecclesiae non sunt; attamen qui baptizati sunt iis in Communitatibus Baptismate Christo incorporantur, et ideo in quadam cum Ecclesia 11

25 12 In the above argument, it is clear salvation is effected by the noted differentiation among those sacramentally baptized or baptized by desire or blood, those ignorant of their need for baptism in the Catholic Church of Christ, and those for whom their choice has kept them from the Catholic Church. Unitatis redintegratio recognizes that although salvation may come to those who have an imperfect union with the Catholic Church, it is only through the Church that true salvation can be obtained because, as noted above, the salvific sacrifice of Christ manifested in baptism is lived through the grace-filled reality of the Catholic Church. For those who believe in Christ and have been truly baptized are in some kind of communion with the catholic church, even though this communion is imperfect it remains true that all who have been justified by faith in baptism are members of Christ s body it is only through Christ s catholic church, which is the all-embracing means of salvation, that the fullness of the means of salvation can be attained. 13 The salvific nature of baptism, based in the death and resurrection of Christ, finds its fullness in the Catholic Church through the celebration of the sacrament in water and word. Baptism, as noted in canon 849 establishes the juridic basis for a person to be admitted to the other sacraments. This basis is explored in the next section. communione, licet imperfecta, exstant. Per se enim Baptismus tendit ad perfectionem vitae in Christo per integram fidei professionem, Eucharistiam et plenam communionem in Ecclesia. 13. UR 3; AAS 57 (1965) 93-94: Hi enim qui in Christum creduntet baptismum rite receperunt, in quadam cum Ecclesia catholica communione, etsi non perfecta, constituuntur. iustificati ex fide in baptismate, Christo incorporantur solam enim catholicam Christi Ecclesiam, quae generale auxilium salutis est, omnis salutarium mediorum plenitudo attingi potest. Tanner, 2: 910.

26 13 III. Baptism as Gateway to the Sacraments The primacy of baptism is found in paragraph one of canon 842 in the 1983 Code of Canon Law which states that a person who has not received baptism cannot be admitted validly to the other sacraments. 14 It is for this reason that baptism is the main focus of this study. Paragraph two of canon 842 ties baptism, confirmation and the Most Holy Eucharist to full Christian initiation. 15 Confirmation and Eucharist are recognized as integral to the fullness of Christian life. As seen in canon 849, baptism is the basis for reception of the other sacraments. What theological value does canon 849 hold when it describes baptism as the gateway to the sacraments? Sacraments in the Church are tied to the sacrament of the Church herself. The Council in this regard stated that the Church, in Christ, is a sacrament a sign and instrument of communion with God and of the unity of the entire human race (Lumen gentium,1). To quote Saint Cyprian, as a people made one by the unity of the Father, the Son and the Holy Spirit, (De orat. Dom., 23) she is the sacrament of trinitarian communion. The fact that the Church is the universal sacrament of salvation (Lumen gentium, 48) shows how the sacramental economy ultimately determines the way that Christ, the one Saviour, through the Spirit, reaches our lives in all their particularity. The Church receives and at the same time expresses what she herself is in the sacraments, thanks to which God s grace concretely influences the lives of the faithful, so that their whole existence, redeemed by Christ, can become an act of worship pleasing to God. At the centre of the Church s worship is the notion of sacrament. This means that it is not primarily we who act, but God comes first to meet us through his action, he looks upon us and leads us to himself Canon 842: 1. Ad cetera sacramenta valide admitti nequit, qui baptismum non recepit. 15. Canon 842: 2. Sacramenta baptismi, confirmationis et sanctissimae Eucharistiae ita inter se coalescunt, ut ad plenam initiationem christianam requirantur. 16. Benedict XVI, The Seven Sacraments, Giuliano Vigini ed. (London: St. Paul s Publishing, 2013) Kindle e-book. Location 88 and 94. (accessed December 10, 2013).

27 14 In the sacraments, God the Father, Son, and Spirit reaches out to humanity and offers grace which can lead to salvation. This offer of salvation is extended to all of humanity, to our lives in all their particularity. The human response establishes the on-going relationship between God and humanity manifested in the sacraments throughout human existence. The Church, a sacrament of Christ, recognizes baptism as the gateway to the official relationship of the spiritual life of the Church celebrated in the sacraments. The Council of Florence confirmed, Holy baptism holds the first place among all the sacraments, for it is the gate of the spiritual life; through it we become members of Christ and of the body of the church. 17 This is accomplished through water, word and the outpouring of the Holy Spirit. According to Hospodár: The sacramental Baptism causes an existential change in the life of the baptized person. The Holy Spirit is the main cause of that change, water is an instrumental cause. This inexplicable outpouring of God s life into our soul performed by the Holy Spirit is a mystery even to theologians. At the moment when the sacrament of Baptism is being performed, God temporarily gives a special power to the water to be the actual instrument of sanctification of the person. As the Holy Spirit is the real and physical cause of sanctification of the soul, so water (sacrament) is the real physical instrument through which man is being sanctified. Some church fathers explain this through images that partially help us to penetrate the character of this truth. The ray of sunlight passes through mud, yet it loses nothing of its purity. Otherwise, the same water flows through an iron pipe, as well as, through the golden one. Those who were born again in Baptism can from the hand of the church s ministers receive the other sacraments, and thus find its fulfillment in eternity. Still, it is necessary to know that the very first touch of God s love for man takes place in the sacrament of Baptism Council of Florence, Session 8, November 22, 1439, Bulla unionis Armenorum: Primum omnium sacramentorum locum tenet sanctum baptismum quod vite spiritualis ianua est; per ipsum membra Christi ac de corpore efficimur ecclesie. Tanner, 1: Hospodár,

28 This first manifestation of God in the life of man through baptism is the first invitation to respond, the first touch, the first administration of grace through the Spirit. Baptism is not the end of the sacramental invitation but the beginning. Participation in the sacraments of the Church during a lifetime seals the sacraments to the soul. Sacraments are one characteristic that identify the faithful as set apart from others as the Catholic Church. They are integral to the spiritual life and sanctification of the faithful. According to Lumen gentium 11, the faithful are by the baptismal character given a place in the worship of the Christian religion. 19 This worship, this life of the Church, is based on the celebration of the sacraments opened to the faithful through baptism. The holy synod turns its attention first of all to the catholic faithful. Relying on sacred scripture and tradition, it teaches that this pilgrim church is necessary for salvation. For Christ alone, who is present to us in his body, which is the church, is the mediator and the way of salvation; and he, while expressly insisting on the need for faith and baptism (see Mk 16,16; Jn 3, 5), at the same time confirmed the need for the church, into which people enter through baptism as through a door. Therefore, those cannot be saved who refuse to enter the church or to remain in it, if they are aware that the catholic church was founded by God through Jesus Christ as a necessity for salvation. 20 One important phrase from the previous quote is that this pilgrim church is necessary for salvation. We have established the relationship of Jesus Christ, salvation and the Church in LG 11; AAS 57 (1965) 15: ad cultum religionis christianae character deputantur et. Tanner, 2: LG 14; AAS 57 (1965) 18: Ad fideles ergo catholicos imprimis Sancta Synodus animum vertit. Docet autem, Sacra Scriptura et Traditione innixa, Ecclesiam hanc peregrinantem necessariam esse ad salutem. Unus enim Christus est Mediator ac via salutis, qui in Corpore suo, quod est Ecclesia, praesens nobis fit; Ipse autem necessitatem fidei et baptismi expressis verbis inculcando (cfr. Marc. 16, 16; Io. 3, 5), necessitatem Ecclesiae, in quam homines per baptismum tamquam per ianuam intrant, simul confirmavit. Quare illi homines salvari non possent, qui Ecclesiam Catholicam a Deo per Iesum Christum ut necessariam esse conditam non ignorantes, tamen vel in eam intrare, vel in eadem perseverare noluerint. Tanner, 2: 860.

29 16 baptism but it is the nature of the Church, here described as a pilgrim church, that will be explored in the chapters to follow. A pilgrim church is comprised of people traveling together in faith toward salvation and eternal life with God. This is done by taking the first step through the door to the Catholic Church by the celebration of the sacrament of baptism. The physical celebration of the sacrament has both theological and canonical effects which establish the basis for further sacramental participation of the faithful and their participation in the triple munera of sanctifying, governing and teaching. IV. The Nature and Effects of Valid Baptism The Council of Florence, in discussing sacraments in general and Baptism in particular, notes that all these sacraments are made up of three elements: namely, things as the matter, words as the form, and the person of the minister who confers the sacrament with the intention of doing what the church does. If any of these is lacking, the sacrament is not effected. 21 Valid administration of the sacrament of Baptism by the washing of true water with the proper form of words as stated in canon 849, brings about effects such as freedom from sin, rebirth as children of God and communion with the Trinity. Baptism, the cleansing with water by the power of the living word, washes away every stain of sin, original and personal, makes us sharers in God s own life and his adopted children. As proclaimed in the prayers for the blessing of the water, baptism is a cleansing water of rebirth that makes us God s children born from on high. The blessed Trinity is invoked over those who are to be baptized, so that all who are signed in this name are consecrated to the Trinity and enter into communion with the Father, the Son, 21. Florence, Session 8, November 22, 1439: Hec omnia sacramenta tribus perficiuntur, videlicet rebus tanquam materia, verbis tanquam forma, et persona ministry conferentis sacramentum cum intentione faciendi, quod facit ecclesia. Quorum si aliquod desit, non perficitur sacramentum. Tanner, 1: 542.