Communicatio in Sacris - Based on canons 844 and 671 of the Codes of Canon Law
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i A STUDY ON COMMUNICATIO IN SACRIS AND ITS APPLICATION WITH A SPECIAL REFERENCE TO THE CHURCHES AND ECCLESIAL COMMUNITIES IN INDIA
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Transcript of Communicatio in Sacris - Based on canons 844 and 671 of the Codes of Canon Law
i
A STUDY ON COMMUNICATIO IN SACRIS AND ITS APPLICATION WITH A
SPECIAL REFERENCE TO THE CHURCHES AND ECCLESIAL COMMUNITIES
IN INDIA
ii
DHARMARAM VIDYA KSHETRAM
Pontifical Athenaeum of
Philosophy, Theology and Canon Law
INSTITUTE OF ORIENTAL CANON LAW
(Aggregated to the Pontifical Oriental Institute, Rome)
A STUDY ON COMMUNICATIO IN SACRIS AND ITS APPLICATION WITH A
SPECIAL REFERENCE TO THE CHURCHES AND ECCLESIAL COMMUNITIES
IN INDIA
Fr. Rony Coutinho
(Register No: 1234926)
DIRECTOR
Dr. Sebastian Payyappilly CMI
A Thesis
Submitted to the Institute of Oriental Canon Law
In Partial Fulfillment of the Requirement for the Degree
of Licentiate in Oriental Canon Law
Bangalore
April 2015
iii
DECLARATION
I, Rony Coutinho Register Number 1234926, student of the Institute of Oriental Canon Law,
of Dharmaram Vidya Kshetram, hereby declare that the research work entitled, “A Study on
Communicatio in Sacris and its Application with a Special Reference to the Churches and
Ecclesial Communities in India” is a record of the work carried out by me during the
academic year 2014-2015, under the guidance of Rev. Dr. Sebastian Payyappilly, CMI,
Professor of Dharmaram Vidya Kshetram.
I declare that this study has not been published either in part or in full anywhere else, either by
me or anyone else, or has not formed the basis for the awarding of any Degree or Diploma or
other titles in this Athenaeum or other institutions of higher learning.
I further declare that the material obtained from other sources has been duly acknowledged in
the research work.
Dharmaram Vidya Kshetram, Bangalore
April 2015 Rony Coutinho
iv
ACKNOWLEDGEMENTS
As I complete this study, I praise the Almighty with a deep sense of gratitude for having led
me in His paths hand in hand in faith and love and never let me feel alone.
I wish to express my sincere gratitude to Rt. Rev. Bp. Derek Fernandes for giving me this
opportunity to do the licentiate studies in Canon Law. I am immensely indebted to my Rector
Dr. Zacharias Mattam for his timely guidance during my studies. I remember in a special way
my Neo-Catechumenate Communities of Infant Jesus, Bangalore and San Salvador Church,
Honavar for the encouragement and support I received from them.
With an immense sense of gratitude, I acknowledge the generosity, availability and the
scholarly guidance of my moderator and Director of Institute of Oriental Canon Law
Dr. Sebastian Payyappilly CMI. I thank him for his support, encouragement and valuable
assistance to complete this work.
I extend my sincere and profound thanks to all the other professors of the Institute of Oriental
Canon Law especially Dr. George Thanchan CMI, Prof. Dr. Varghese Koluthara CMI, Dr.
James Pampara CMI, Prof. Dr. George Nedungatt SJ, Dr. Cheriyan Thunduparampil CMI,
Rev. Fr. Davis Panadan CMI, Dr. Benny Tharakunnel CMI, Dr. John Bosco CPPS,
Dr. Varghese Poothavelithara, Dr. Sr. Rosmin SH, Dr. Boby Tharakunnel O. Carm, and all the
other visiting professors, for their academic contributions, inspirations and support throughout
my studies.
My sincere thanks also to Rev. Prof. Dr. Saju Chackalackal CMI, the president DVK and all
the staff members of DVK. Special thanks to Rev. Fr. John Neelankavil CMI, Librarian of the
central Library, DVK and the Library staff. I also remember with thanks the noble services
rendered by the ministerial staff of DVK. I gratefully acknowledge the financial support
granted to me by the authorities of MISSIO during these three years of my study. Finally I
express my sincere thanks to my classmates, friends and well-wishes for their love, support,
cordiality and generosity in helping me in my studies. Thank you very much and may God
bless you all abundantly.
Dharmaram Vidya Kshetram, Bangalore Rony Coutinho
April: 2015
v
ABBREVIATION
AAS Acta Apostolicae Sedis
CCC Catechism of the Catholic Church
CCEO Codex Canonum Ecclesiarum Orientalium
CIC 1917 Codex Iuris Canonici (1917)
CIC Codex Iuris Canonici (1983)
CN Communionis Notis
DI Dominus Iesus
DE/1967 Ecumenical Directory I, 1967.
DE/1993 Ecumenical Directory 1993.
EE Ecclesia De Eucharistia
EiA Ecclesia in Asia
JER Jeremiah
JN John
LG Lumen Gentium
MC Mystici Corporis
OE Orientalium Ecclesiarum
PCCICOR Pontificia Commisio Codici Iuris Canonci
Orientalis Recognoscendo
SC Sacred Congregation
SPCU Secretariat for Promoting Christian Unity
UUS Ut Unum Sint
vi
TABLE OF CONTENTS
GENERAL INTRODUCTION ……………………………………………………………..1
CHAPTER ONE
HISTORY OF THE CHURCHES AND ECCLESIAL COMMUNITIES IN INDIA
Introduction…………………………………………………………………………………..5
1.1. Birth of Christianity in India …………………………………………………………..6
1.2. The Church in the Primitive Age ………………………………………………………7
1.3. Church in the Middle Ages …………………………………………………………......8
1.4. The the Latin Church in India …………………………………………………………8
1.4.1 The Arrival of the Portuguese in India ………………………………………………9
1.4.2 Padroado and Propaganda Rule …………………………………………………...10
1.5. Division Among the St. Thomas Christians ………………………………………….11
1.5.1. The Synod of Diamper ……………………………………………………………12
1.5.2. The Coonan Cross ……………………………………………………………...... 13
1.6 Different Churches in India …………………………………………………………...14
1.6.1. The Catholic Church ……………………………………………………………..14
1.6.1.1. The Syro-Malabar Church sui iuris………….………………………………..14
1.6.1.2. The Latin Church sui iuris……………………………………………………16
1.6.1.3. The Syro-Malankara Church sui iuris.………………………………………17
1.6.2. The Non-Catholic Churches ……………………………………………………..18
1.6.1.1. The Malankara Syrian Orthodox Church ………………………………...…19
1.6.1.2. The Malankara Orthodox Syrian Church …………………………………...19
1.6.2.3. The Assyrian Church of the East of Trichur ………………………………..19
1.6.2.4. The Malabar Independent Syrian Church ……………………………….….20
vii
1.6.2.5. The Mar Thoma Church …………………………………………………….20
1.7. The Ecclesial Communities in India…..…….....……………………………………...21
1.8. The Theological Basis for Communion Among the Church …………………..……22
1.8.1. The Trinitarian Mystery ………………………………………………………...…23
1.8.2. The People of God …………………………………………………………………24
1.8.3. Church the New Israel ……………………………………………………..………24
1.8.4. Unity in Diversity in the Early Church ……………………………………………25
1.8.5. The Dramatic Divisions in the Church …………………………………….………26
1.8.6. A Shift in the Middle Ages ……………….……………………………………….26
1.8.7. The Second Vatican Council ………………………………………………………27
1.8.7.1. Lumen Gentium……………………………………………………………...28
1.8.7.2. Unitatis Redintegratio …………………………............................................30
1.8.7.3. Orientalium Ecclesiarum ……………………………………………………….…31
Conclusion …………………………………………………………………………………..33
viii
CHAPTER TWO
THE NOTION AND GENESIS OF COMMUNICATIO IN SACRIS
INTRODUCTION …………………………………………………………………………34
2.1. Communicatio in Sacris: Etymology and Definition ……………………………….. 35
2.2. The Notion of Communicatio in Sacris …………………………………………….... 35
2.3. Distinction Between “Full Communion” and “Communion” ……………………....36
2.4. History and Evolution of the Idea of Communicatio in Sacris ……………………...36
2.4.1. The Early Church …………………………………………………………………..37
2.4.2. The Age of the Apostolic Fathers …………………………………………….........37
2.4.2.1. Letter of St. Ignatius of Antioch to Philadelphians ……………………………38
2.4.2.2. St. Irenaeus ……………………………………………………………….........38
2.4.2.3. St. Cyprian ……………………………………………………………………..39
2.4.2.4. The Didascalia Apostolorum…………………………………………………...39
2.4.2.5. St. Augustine…………………………………………………………………...40
2.4.3. The Sacred Canons ………………………………………………………………...40
2.4.3.1. The First Council of Nicea ……………………………………………………40
2.4.3.2. The Council of Chalcedon ……………………………………………….........41
2.4.3.3. The Council of Trullo …………………………………………………………41
2.4.4. The Decree of Gratian ……………………………………………………………..42
2.4.5. Flexibility in the Middle Ages ……………………………………………………..42
2.4.5.1. Pope Innocent IV ……………………………………………………………43
2.4.5.2. Letter of John XXII to the Patriarch of Constantinople ……………………..43
2.4.5.3. Clement VI …………………………………………………………………..43
2.4.5.4. Urban V ……………………………………………………………………...44
2.4.5.5. Martin V ……………………………………………………………………..44
ix
2.4.6. The Counter Reformation Era ……………………………………………...……...44
2.4.6.1. The Decree of Propaganda Fide …………………………………………….45
2.4.6.2. A Decree of the Holy Office ………………………………………………..45
2.4.7. The 1917 Code of Canon Law ………………………………………………….. 46
2.4.8. The Encyclical Mystici Corporis ……………………………………………….....47
2.4.9. The Second Vatican Council …………………………………………………….. 48
2.4.9.1. Orientalium Ecclesiarum…………………………………………………..……...48
2.4.9.2. Unitatis Redintegratio …………………………………………….………...49
2.4.10. The Ecumenical Directory of 1967 ………………………………………………51
2.4.10.1. Sharing in Liturgical Worship with the Separated Eastern Brethren………52
2.4.10.2. Sharing in Liturgical Worship with the Separated Western Brethren……...52
2.4.11. Documents on the Ecumenical Directory ………………………………………...53
2.5. CIC 1983 ……………………………….…………………………………………….....54
2.5.1. The Iter of Canon 844…………………………………………...............................55
2.5.2. The Canon 844 and its Interpretation …………………………………………….. 57
2.5.2.1 The General Rule ……………………………………………………………57
2.5.2.1. Norms for Catholics Seeking Sacraments …………………………………..58
2.5.2.2.1. Physical or Moral Impossibility…………………………………...58
2.5.2.2.2. Genuine Spiritual Advantage ………………………………….......59
2.5.2.2.3. The Absence of Danger of Error or Indifferentism…………………59
2.5.2.2.4. The Sacrament is Validly Celebrated in the Other Church………....59
2.5.2.3. Norms for Members of Eastern Non-Catholic Churches ……………………………….60
2.5.2.3.1 Spontaneous Request ……………………………………………....60
2.5.2.3.2. Proper Disposition…………..……………………………………..60
2.5.2.4. Concession Given to the Ecclesial Communities of the West ………………61
2.5.2.5. Role of the Diocesan Bishops and the Conference of Bishops ……………...61
2.5.3. The Other Areas of Communicatio in Sacris ………………………………………...62
2.5.3.1. The Function of a Sponsor …………………………………………………..62
x
2.5.3.2. The Eucharistic Celebration in Another Christian Church ………………….62
2.5.3.3. Mixed Marriage ……………………………………………………………...62
2.5.3.4. The Blessings ………………………………………………………………. 63
2.5.3.5. The Celebration of Ecclesiastical Funeral ………………………………….. 63
2.6. Communicatio in Sacris in CCEO …………………………………………………… 63
2.6.1. The Iter of Canons 670 and 671 ……………………………………………………. 64
2.6.2. Non-Sacramental Liturgical Worship ………………. …………………………….. 65
2.6.2.1. Ecclesiastical Burial and Blessings …………………………………………. 66
2.6.2.2. Use of Sacred Places by Catholics …………………………………………. 66
2.6.2.3. Use of Sacred Places by Non-Catholics ……………………………………. 67
2.6.2.4. Participation in Various Assemblies ……………………………………….. 67
2.6.2.5 Role of a Sponsor…………………………………………………………….68
2.6.2.6 Mixed Marriages……………………………………………………………..68
Conclusion …………………………………………………………………………………. 69
xi
CHAPTER THREE
COMMUNICATIO IN SACRIS AND ITS APPLICATION IN THE INDIAN CONTEXT
Introduction…………………………………………………………………………………70
3.1. The Reception of the Sacrament of Penance………………………………………….72
3.1.1. The Notion of the Sacrament of Penance..........................................................…...72
3.1.2. Obligation and Frequency of Penance…..…………………………………………72
3.1.3. The Minister of the Sacrament of Penance………………………………………..73
3.1.4. The Reservation of Absolution from Certain Sins………………………………..73
3.1.5. Place of the Sacrament ……………………………………………………………73
3.2 The Sacrament of Eucharist………………………………………………………….....73
3.2.1 The Reception of the Eucharist in the Eastern Tradition …………………………….74
3.2.2. The Reception of the Eucharist in the Western Tradition …………………………..75
3.2.3. The Notion of the Eucharist in the Ecclesial Communities………………………….75
3.3. The Reception of the Sacrament of the Anointing of the Sick………………………..76
3.3.1. The Notion of the Sacrament ………………………………………………………76
3.3.2. The Recipient of the Sacrament …………………………………………………….77
3.3.3. The Blessing of the Oil …………………………………………………………….77
3.4. Areas of Communicatio in Sacris with the Non-Catholics………………………........77
3.4.1. Eucharistic Sharing in a Mixed Marriage……………………………………...........77
3.4.1.1. The Norms of the Episcopal Conference of India… ..………………………78
3.4.1.2. The Particular Law of the Syro-Malabar Church…………………………...81
3.4.1.4. Agreement with the Malankara Orthodox Syrian Church……………….....82
3.4.1.5. Dialogue Between the Catholic Church and Malankara Syrian Orthodox
Church……………………………………………………………………...83
3.4.2. Eucharistic Communicatio in Sacris with the Assyrian Church of the East……......85
3.4.3. Agreement on the Sacrament of Anointing of the Sick ………………………….....86
xii
3.4.4. Agreement on Sharing of Sacred Places………………………………………….....87
3.4.5 Dialogue Between the Catholic Church and Non-Catholic Ecclesial Communities…87
3.4.5.1. Dialogue with the Evangelicals……………………………………………..88
3.4.5.2. Dialogue with the Baptist …………………………………………………..88
3.4.5.3. Mennonite and the Roman Catholic Dialogue ……………………………..89
3.4.5.4. Concluding Remarks Regarding the Ecclesial Communities……………….89
3.5. Some of the Impediments that Exist on the Way to Communion ………………......89
3.5.1. Caste System………………………………………………………………………90
3.5.2. Inter-Ritual Problems……………………………………………………………...91
3.5.2.1. The Historical Character……………………………………………………..91
3.5.2.2. The Liturgical Character……………………………………………………..92
3.5.2.3. The Jurisdictional Character………………………………………………….93
3.5.2. The Orthodox View of Admission to Communion…………………………….......94
3.6. Risks that are Involved in Sharing of the Sacraments……………………………......94
3.6.1. Failing to Agree in Eucharistic Doctrine………………………………………….95
3.6.2. Failing to Unite in the Church of Christ …………………………………………..95
3.6.3. Failing to Maintain the Apostolic Succession…………………………………….96
3.6.4. Expressing a Nonexistent Unity……………………………………………..........96
3.6.5. Indiscriminate Reception of Holy Communion…………………………………..96
Conclusion…………………………………………………………………………………...98
General Conclusion …………………………………………………………………………99
Select Bibliography…………………………………………………………………….......103
1
GENERAL INTRODUCTION
“Lumen gentium cum sit Christus.”1 This opening sentence of Lumen gentium places
the Church at Her very point of origin, i.e. Jesus Christ. Our Lord when he was at last
supper with his disciples besides giving the commandment to love one another also
willed and prayed that they may all be one (Jn 17:21). This love and unity later became
the hallmark of the Church founded on Peter’s confession of faith in Jesus Christ. From
its very beginnings a number of rifts arose in this small community. These rifts instead
of dividing the community brought the community closer as these rifts were solved
with a spirit of mutual communion. In the subsequent centuries much more serious
dissensions appeared and large communities became separated from the full
communion with the Catholic Church “for which often enough, men of both sides were
to blame.”2 Despite all this we have to keep in mind that the unity which Christ willed,3
stood at the very heart of Church’s mission as God, at every age, raised up men who
not only defended the Church but also allowed freshness to enter into the life of the
Church.
At a unique moment in the history of the Church there ascended to the throne of St.
Peter, Pope St. John XXIII. This great Pope and a saint succeeded in creating a new
spirit inside the Church and a new image of the Church to those outside it. One of the
major concerns of the council inaugurated by this great saint was to rediscover the
Christian unity i.e. to bring about unity among Churches and Ecclesial communities,
foster frank dialogue of truth, and engender ecumenical spirit and to streamline ways
of full communion.4
Envisioning a possible unity of the Church, the council dedicated two of her Decrees
for this great cause, namely, Orientalium ecclesiarum and Unitatis redintegratio.
While the former refers specifically to the Eastern Catholic Churches, the latter highly
“esteems the special position of the Eastern Churches, as they have been a treasury of
rich liturgical and spiritual tradition and jurisprudence right through the ages.” 5 Not
only this, the decree also identifies the love with which the Eastern Churches celebrate
1 LG 1. 2 UR 3. 3 John Paul II, Encyclical Letter Ut unum sint 6, 25 May 1995, AAS 87 (1995), 745-777. 4 John W. O Malley, What Happened at Vatican II (USA: Harvard University Press, 2008), 10. 5 UR 14.
2
the sacred liturgy, especially the Eucharistic mystery wherein they pay high tribute to
Mary ever virgin through beautiful hymns of praise. Therefore, eventhough the Eastern
Churches have separated from the Catholic union, they have preserved the true
meaning of the sacraments, the apostolic succession, the priesthood and the Eucharist.
For this reason the decree encourages some worship in common i.e. communication in
sacris.6
The technical expression communicatio in sacris signifies sharing in community
worship with either Catholic or non-Catholic member. In a strict sense it refers to the
sacramental worship of the other Churches, in broader sense it refers to participating
in any form of prayer.7 According to Dominus Iesus, on one hand the Churches which
are united to the Catholic Church by closest bonds of Apostolic Constitution and valid
Eucharist are true particular Churches and therefore the Church of Christ is present
and operative in all these Churches. On the other hand the ecclesial communities have
not preserved the valid episcopate and the genuine and integral sense of the Eucharistic
mystery and hence they are not called Churches.8 This gradation constitutes the basis
for sharing spiritual goods with the Orthodox Churches and ecclesial communities.
The Codes of Canon Law (CIC c. 844 and CCEO c. 671) summarize the norms on
sacramental sharing in a single canon which has five parts. Both the Codes have
maintained similar approach with regard to this matter. Hence we find that the canons
in both the Codes are almost verbatim with some literary changes.
The Catholic Church in India is enriched with the presence of the Latin Church, Syro-
Malabar Church, and the Syro-Malankara Church which owe their fidelity to the
Roman Pontiff. Besides this we find many Orthodox Churches and ecclesial
communities. It is obvious that in every walk of life, people of all these realities come
into contact with each other. We should be aware of the paths of communion that the
6 UR 15. 7 John Prah, “Communicatio in Sacris: Present Trends,” Proceedings of the Catholic Theological
Society of America, New York (June 1964), 43, http://ejournals.bc.edu/ojs/index.php/ctsa/index
(accessed on 17/06/2014). 8 Congregation for the Doctrine of Faith, Declaration Dominus Iesus 17, 16 June 2000, AAS 92 (2000),
742-765, http://www.vatican.va/rc_con_cfaith_doc200000806_dominus-iesus_en.html (accessed on
17/06/2014).
3
Church has opened up with a sincere desire that one day a full communion will be
realised.
Scope of the Study
The scope of this study is to explore the different aspects of sacramental sharing, which
should be anchored on sound doctrinal and canonical principles. This study therefore
is based on two canons i.e. c. 844 and c. 671 of CIC and CCEO respectively. As we
have already seen in the general introduction the canonical norms for sacramental
sharing vary according to the grades of communion existing between the Catholic
Church and other Churches and ecclesial communities. The observance of such norms
is necessary to avoid indifferentism, doctrinal errors and scandal among the Christian
faithful which can prove more detrimental to Christian unity and full Communion of
all the Christian Churches. This study therefore will aim at a deeper study on how to
apply existing norms in the context of India, keeping in mind that the ultimate aim of
all the activities of the Church is the Salvation of souls, which is in fact the supreme
law, and thereby the glorification of God.
Methodology
The Methodology followed in this study is historical, theological and juridical. It is
historical in the sense that this study tries to trace the historical origins of the Church
in India. It is theological as this study tries to base itself on a sound Ecclesiology
according to the magisterium of the Church and finally it is juridical because it
analyses the norms of the Codes of Canon Law.
Sources of the Study
The sources of this study are divided into Primary Sources and Secondary Sources. In
the Primary Sources I make use of the teachings of the Church Fathers, Conciliar and
Post-Conciliar documents, Papal and Curial Documents. The Secondary sources used
in this study are commentaries, books and articles.
Division of the Work
This thesis will have a general introduction, general conclusion and a select
bibliography. Each chapter has its own introduction and conclusion. This work is
mainly divided into three chapters. The first chapter tries to trace the historical origins
of the Churches and Ecclesial communities in India. The second chapter makes a study
of the canons on communicatio in sacris in both the codes. The third chapter tries to
4
study how the various Churches coming into dialogue with each other have
implemented the norms of communicatio in sacris in India.
Limitation of the Work
This work is not without imperfections and limitations. My linguistic limitations in
Latin and Italian languages have affected my reference to the original sources of the
Codes, namely, Nuntia, Communicationes and Fontes. Another limitation of this work
is lack of pastoral experience in the field of Ecumenism. My sincere wish is that this
study will always motivate me to work for the unity of the Church.
5
CHAPTER ONE
HISTORY OF THE CATHOLIC CHURCH, ORIENTAL ORTHODOX
CHURCHES AND THE ECCLESIAL COMMUNITIES IN INDIA
Introduction
The Christian faith is not something abstract but it is specific. That is why in the
scriptures we see a reference to a number of historical events. But these historical
events have meaning for the faith only because God Himself has acted in these events
in a specific way and with certainty. And because God has acted in these events, these
events they are not mere facts. These events enlightened by the grace from above have
meaning for the peoples of all times and all ages. However the meaning to these events
is not something that is added, but is there in the event itself, which transcends the
purely factual aspect.9
The history of the Church’s juridical structures is very complex. The Church was not
born with its administrative organization in place. Her rules and regulations evolved
as She grew and spread. The Church’s rules were most importantly shaped by Her
internal needs, the surrounding cultures and the pressures of changed circumstances.10
Keeping both these above facts in mind and since it is required by the nature of the
work, in this chapter, we will make a brief survey on the origin of Christianity in India
which now comprises 2.3% of the total Indian Population.11 The Christian community
in India is constituted of the Catholic Church (Latin Church, The Syro-Malabar
Church, and The Syro-Malankara Church), the Oriental non-Catholics, and the
ecclesial Communities of the West. Without understanding the history of these
Churches in India, it won’t be possible to make this study. Therefore, in this chapter
we will make a brief excurses on the history of the Church in India.
9 Congregation for the Doctrine of Faith, Address of Cardinal Joseph Ratzinger on The Current
Doctrinal Relevance of the Catechism of the Catholic Church, 9 October 2002,
http://www.vatican.va/roman_curia/cfaith/doc_20021009/ratzinger-catechetical-congress-en.html
(accessed on 18/06/2014). 10 James A. Coriden, An Introduction to Canon Law (New York: Paulist Press, 1991), 9. 11 Nation Master, India Religion Stats, http://www.nationmaster.com (accessed on 18/06/2014).
6
1.1. Birth of Christianity in India
It is not easy to answer the question of the Origin of Christianity in India.12. A current
survey of Christianity in India will lead one to discover that Christianity in India is as
old as Christianity itself.13 Many historians are divided in their approach in retracting
the origin of Christianity in India. 14
As regards the origin of Christianity in India there are two sources which are debated
very much by the Scholars: The Indian Oral Tradition and The Acts of Thomas. It is
believed that the family members transmitted the stories about how their own family
and their own community first came into being. The children listened to these stories
during the evenings, after the sun set and before the lights were extinguished.15 The
oldest internal tradition says that the Apostle Thomas came by sea from Arabia and
landed at Cranganore and founded Christian communities. The communities attributed
to the preaching of the apostle are at Cranganore, Palayur, Kottakkavu,
Kokkamangalam, Niranam, Quilon and Nilackal.16 He visited the Coromandel Coast,
then crossed over to China and preached the Gospel there and on his arrival back to
India organised the Christians of Malabar under some guides from the leading families
and then moved to the Coromandel, and suffered martyrdom17 on or near Little
Mount.18
The earliest written record about St. Thomas’ preaching in India is the romantic
apocryphal Acts of Thomas, written in Syriac towards the end of the second century
or by the beginning of the third century. This tradition originated outside India has
been called by many as western tradition.19 This book narrates how St. Thomas was
12 James Kurikilamkatt, First Voyage of the Apostle Thomas to India (Bangalore: Asian Trading
Corporation, 2005), 7. 13 Xavier Koodapuzha, Christianity in India (Kottayam: Oriental Institute of Religious Studies India
Department of Publications of Paurstya Vidyapitham, 1998), 18. 14 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present (Oxford: Oxford
University Press, 2008), 91. 15 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 92 16 Xavier Koodapuzha, Christianity in India, 32-33. 17A.M. Mundadan, “Origins of Christianity in India,” in C. Perumalil, and E.R. Hambye, eds.,
Christianity in India: An History in Ecumenical Perspective (Alleppey: Prakasm Publications,
1972), 18. 18 Little mount or Chinnamali as its popularly called is a small hillock that lies on the bank of river
Adayar in the Saidapet taluk of Chennai, Tamil Nadu. The Little Mount is situated half a league
from the Big Mount and was a small barren hill. There is a cave on one side of it near which it is
believed the Apostle was murdered. 19 A. M. Mundadan, Traditions of St. Thomas Christians (Bangalore: Dharmaram College, 1970), 3-4.
7
bought from Christ by an Indian merchant Haban for his king Gudnapher.20 After a
series of events Thomas was able to convert the king of Gudnapher, followed by his
subjects.21
The last part of the Acts of Thomas is connected to the events surrounding the
martyrdom of the Apostle. Thomas met his death on the order of King Mazdai, being
pierced by the spears of the Soldiers in the year 73 AD. Later his mortal remains
were transferred to the West (to Edessa).22 According to the historian Robert Eric
Frykenberg, the Apostle left behind 6,850 Brahmans, 2,800 Kshatriyas, 3,750
vaishyas, 4,250 shudras, the whole coming to more than 17,480 souls.23
1.2. The Church in the Primitive Age
It is widely accepted that some kind of relationship existed between the Christians of
India and the Church of Persia right from the early centuries. Two events are told of
how the Church, founded by Apostle Thomas, came into contact with the Chaldean
Church in the middle of fourth century and how these were further reinforced in eighth
or ninth century. The first is the arrival of a group of Chaldean Christians in the
company of Thomas of Cana, and the second is the arrival of another group together
with Mar Sapor and Mar Peroz.24
It is said that for the first 93 years after the death of Thomas the Apostle, the Malabar
Church was left without a preacher or leader and it was Thomas of Cana who showed
his readiness to sacrifice his life for the Christians of Malabar. Thomas came to
Malabar with a Bishop, priests, deacons and royal families numbering some 472
persons and landed at Malankara in 345 AD. After receiving a warm welcome from
the native people and the King of Malabar himself, they erected a Church at
Cranganore, from the land given to them by the king. From that time onwards Syrian
fathers used to come by the order of the Catholicos of the East. These Syrian fathers
20 The Acts, an historical romance, describes first the apostolate of St. Thomas in North India at the
court of Gudnapher. The ruler asks his guests to build him a palace and gives him money for this
purpose. But the apostle spends the sum on the poor and angry king puts him in the prison.
Thereupon Gad, Gudnapher’s brother dies and when brought back to life narrates the beauty of the
palace which Thomas had built in heaven. The king is converted and receives baptism together with
this brother and faith is preached all over. 21 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 96. 22 A. M. Mundadan, Traditions of St. Thomas Christians, 4. 23 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 100. 24 A.M. Mundadan, “Origins of Christianity in India,” 24.
8
governed the dioceses of India and Malabar. 25 Therefore, Thomas of Cana appears as
a link which brought the Chaldean Church into direct and intimate communication
with the Christians of India. In the course of time, the Jewish Christian descendants of
Thomas of Cana became known as Southists’ (Tekkumbhagar) and the ones who
claimed direct descent from the very oldest Christians of the country, evangelised by
Thomas the Apostle himself came to be known as Northists (Vatakkumbhagar). 26
1.3. Church in India in the Middle Ages
During the middle ages the St. Thomas Christians continued their relations with the
Selucians. Her supreme head was called the Catholicos Patriarch of the East and his
official title was ‘Metropolitan and Door of India’.27 The metropolitan’s authority
extended both in spiritual and temporal affairs. He stood as an intermediary between
the Catholicos and the Indian Communities. This relationship which the St. Thomas
Christians developed with the Syrian Church gave a new vigour to the Church.28
During this time the Archdeacon was an important ecclesiastical figure. He was the
chief assistant of the bishops. He was superior to the presbyters. He was entitled to
grant dispensations of all kind, to appoint clerics to churches and to prefer candidates
to holy order. All the internal disputes within the community were referred to him.29
1.4. The Birth of the Latin Church in India
During the middle ages there was a movement among the Turkish and Mongolian
peoples in central Asia. The Mongols slowly threatened to ransack the whole of
Christian Europe.30 Under these circumstances, Pope Gregory IX (1227- 1241) took
the challenge to counteract these attacks. In 1241 he called the Cistercians, Dominicans
and Franciscans to preach a crusade against the Mongols. That year Gregory died and
was succeeded by Innocent IV who went a step further.31 He initiated the bold project
25 A.M. Mundadan, “Origins of Christianity in India,” 26-27. 26 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 113. 27 Xavier Koodapuzha, Christianity in India, 76. 28 Kuncheria Pathil, Ecumenism, Unity and Diversity (Bangalore: Dharmaram Publications, 2006), 180. 29 Leonard Fernando, and G. Gispert- Sauch, Christianity in India (New Delhi: Chaman Offset Printers,
2006), 63. 30 C.B. Firth, An Introduction to Indian Church History (Madras: The Christian Literature Society,
1976), 35.
31 George M. Moras, “The Latin Church,” in C. Perumalil, and E.R. Hambye, eds., Christianity in India:
An History in Ecumenical Perspective (Alleppey: Prakasm Publications, 1972), 38.
9
of sending missionaries to convert the Mongols. Once the project was initiated it meant
that sooner or later missionaries would come to India.32
Those days there were three ways to reach Peking from Europe. Two were by road
through enemy infested regions. The third one was by sea. If anyone chose this route,
India would become the strategic point on the route to China. A Franciscan, John of
Monte Corvino and a Dominican, Nicolas of Pistoia were the first to follow this route
wherein they landed at Mylapore and stayed there for thirteen months. They succeeded
in baptizing more than one hundred people during this time.33
Jordan Catalani of Severac, however, is the real founder of the Latin Missions in India.
He was also the first Latin Bishop in India. He landed at Thana in 1320 along with five
other missionaries. Thana, a Hindu area was under the rule of the Mohammedans. On
landing he went to Broach, Sopara and proclaimed the gospel of Christ. In the
meantime Jordan lost his companions as they gave their life the sake of faith. On his
return from Thana he obtained the bodies of the martyrs and had them buried in the
Church of St. Thomas of Sopara. During his time however there were more than10,000
conversions. Jordan finally was stoned to death at Thana probably around 1336 AD.34
1.4.1. The Arrival of the Portuguese in India
The Portuguese landed in India with Vasco-da-Gama in 1498, in a harbour of Calicut.35
In contrast to the Spaniards in America, the Portuguese never tried to conquer India.
Only decades later they started to expand the territories they had already held. In the
beginning they were content to occupy by force or by treaty, a number of strongholds.36
Their religious policy was interwoven with politics with royal patronage being their
primary concern.37
Meanwhile all these events were closely viewed on shore by four Syrian Christians
Bishops who were sent from Mesopotamia to provide clerical support for the local
Christians who accounted to nearly 30,000 Christians. Very soon they started seeking
32 Paul Thekkedath, A Short History of Christianity in India (Bangalore: Kristu Jyothi Publications,
2007), 19. 33 George M. Moras, “The Latin Church,” 38-40. 34 George M. Moras, “The Latin Church,” 40-44. 35 Xavier Koodapuzha, Christianity in India, 86. 36 J. Wicki, “The Portuguese Padroado in India in the Sixteenth Century and St. Francis Xavier,” in
C. Perumalil, and E.R. Hambye, eds., Christianity in India: An History in Ecumenical Perspective
(Alleppey: Prakasm Publications, 1972), 46. 37 Xavier Koodapuzha, Christianity in India, 86.
10
a formal alliance with the Portuguese. The Portuguese soon discovered that the
Christians community of Malabar had occupied some sixty towns along the coast,
stretching from Mangalore in the north to Quilon in the South and had rendered
homage to their own ruler, a raja with the family name of Villiyarvattam. The
Portuguese also realised that the Thomas Christians were masters of spice trade which
would help them fill the cargo holds of fleets that they wanted to depart annually to
Europe. As a consequence, a formal alliance was signed in 1503. The Chaldean
Catholicos of the East and the Portuguese admiral established a harmonious
relationship that lasted for half a century.38
Problems erupted gradually as Portuguese started entering the life of the people. The
Portuguese were identified with the Latin Church and its traditions and they did not
have an adequate understanding of the Churches of the Eastern tradition.39 This was
the beginning of a long struggle between the Portuguese and Thomas Christians that
would last for centuries.40 In the meanwhile in 1510, Goa was conquered by the
Portuguese and gradually it became the Portuguese capital in India. The most
important centre of Portuguese in India was Goa, next came Cochin and then Bassein
including Diu, Chaul, Quilon, Colombo, Tuticorin, St. Thome-Mylapore etc.41
1.4.2. Padroado and Propaganda Rule
The Padroado and the Propaganda structures of governance within the Church were
the ones which affected the Catholic community from the seventeenth to the twentieth
century. Eventhough these structures did not originate in India but it has great impact
on the Indian Christians.42
In the middle Ages, in Europe there were two sources of authority, i.e. the emerging
dynasties in Europe and the Pope in Rome. The popes used the kings and nobility to
promote religious activity and granted them the rights of ‘Patronage’ (Padroado in
Portuguese) for founding church institutions.43 This grant was given to the Portuguese
38 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 124-125. 39 Xavier Koodapuzha, Christianity in India, 87. 40 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 126. 41 J. Wicki, “The Portuguese Padroado in India in the Sixteenth Century and St. Francis Xavier,” 48. 42 Leonard Fernando, and G. Gispert-Sauch, Christianity in India, 124. 43 Leonard Fernando, and G. Gispert-Sauch, Christianity in India, 125.
11
on 21 June 1481 by Pope Sixtus IV through the Bull Aeterna regis Clementina with
the words:
Navigation in the oceans of recent discovery is restricted to Portuguese ships. The Portuguese
are true lords of the lands discovered or yet to be discovered. The Portuguese may freely trade
with unbelievers. The Portuguese Crown may found Churches, monasteries, and other places
of religious usage. 44
With Padroado mandate behind them, monks and missionaries flooded to the coasts of
India. The leading among them were the Franciscans, followed by the Jesuits,
Dominicans, Augustinians, and the Carmelites.45 However the Padroado jurisdiction
was not running smoothly. Since the territory entrusted to the Portuguese was too vast,
the Padroado was unable to sustain the missions. Besides this, there were open
conflicts between the Thomas Christians and the Portuguese. This complex situation
of the seventeenth century prompted Rome to reorganise the missionary activities by
giving shape to a new setup known as the Congregation of Propaganda fide by Pope
Gregory XV with the document “Inscrutabili” on 22 January 1622.46
1.5. Division among St. Thomas Christians
Before the arrival of the Portuguese the Thomas Christians were leading a life full of
stability, and enjoying a very high status in the society. They were always loyal to their
peculiar ecclesiastical and social customs and practices.47 They could never entertain
the idea of giving up their customs and practices which had been sacred to them for
many centuries. This particular mode of life was the cause of a long conflict between
the Portuguese and the St. Thomas Christians. 48
In the meanwhile an important development took place in Chaldea in the year 1552. A
contingent led by Simon Sulaqua became the first Eastern Church to reunite with
Rome. That is how in Chaldea we now have the Catholic line and the Nestorian line.
44 Stephen Neill, An History of Christianity in India: Beginnings to 1707 (Cambridge: Cambridge
University Press, 1984), i.III-13. 45 A. Meersmam, “Development of the Church Under the Padroado,” in C. Perumalil, and E.R. Hambye,
eds., Christianity in India: An History in Ecumenical Perspective (Alleppey: Prakasm Publications,
1972), 67. 46 Xavier Koodapuzha, Christianity in India, 98. 47 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” in C. Perumalil, and
E.R. Hambye, eds., Christianity in India: An History in Ecumenical Perspective (Alleppey: Prakasm
Publications, 1972), 83. 48 A. Mathias Mundadan, St. Thomas Christians 1498-1552 (Bangalore: Dharmaram College, 1967),
82.
12
The Christians in Malabar were not affected by these changes, they viewed that Church
still as one and undivided. But we see from here conflicts started intensifying as the
Malabar coast started receiving Bishops from both the parties, leaving the Portuguese
with utter haste to reform the Malabar Church. That is why in the following years we
see a lot of confusion and chaos over ascendency of power between the Portuguese
and the St. Thomas Christians.49
After the death of Mar Abraham, Archdeacon George of the Cross, took up the reigns
of the Church in his own hands, as per the custom.50 The Portuguese wanted to appoint
Francis Roz as the administrator of the Thomas Christians but they did not succeed. It
was in this context that Alexis Menezes, the Archbishop of Goa, decided to intervene
directly in the affairs of the Thomas Christians.51
Archbishop Alexis de Menezes moved by his zeal for the salvation of the souls reached
Malabar reached Malabar with the definite goal of bringing the Thomas Christians
under Portuguese Padroado.52 During the visitation the Archbishop underwent all
sorts of hardships, visiting the principal parishes, addressing the people, holding
services, and everywhere conferring the sacraments. Everything reached its peak on
20 June 1599, when the Archbishop convened the ‘Synod of Diamper’
(Udayamperur).53
1.5.1. The Synod of Diamper
The Synod of Diamper (Udayamperur) was convoked by the Archbishop of Goa
Alexis de Menezes who came to Malabar with the definite goal of bringing the Thomas
Christians under Portuguese Padroado and appoint a Latin Bishop over them.54 As
soon as the Archbishop landed the Malabar coasts, he took shrewd steps to win people
in his side. Eventhough he was opposed by the Archdeacon and many others he was
successful in getting the priests to his side. He ordained more than hundred priests
within a space of four months, all of whom were made to participate in the Synod of
Diamper.55
49 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” 89-91. 50 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” 96. 51 Xavier Koodapuzha, Christianity in India, 90. 52 Xavier Koodapuzha, Christianity in India, 90. 53 Robert Eric Frykenberg, Christianity in India: From the Beginning to the Present, 135. 54 Xavier Koodapuzha, Christianity in India, 90. 55 Jonas Thaliath, The Synod of Diamper (Bangalore: Dharmaram Vidya Kshetram, 1999), 24-25.
13
The Synod solemnly began on the third Sunday after Pentecost, 20 June 1599 and went
on for a week.56 The council issued 200 decrees and was a turning point in the history
of the Church in Malabar.57 It also severed the age-long relationship that the Church
in Malabar fostered with that of Babylon.58 The most terrible consequence of this was
in the year 1653 in which there was a great revolt and it turned out to be one the most
important events in the history of the Church in Kerala.59
According to many authors like Jonas Thaliath, Xavier Koodapuzha this synod was
invalid because of the following reasons:
i) Lack of authority in the one who convoked it
ii) The absence of intention in the one who conducted it.
iii) The lack of form in the manner of conducting it
iv) The lack of integrity in the text promulgated.60
However we have to also know that the synod was effective in removing some of the
abuses arising out of ignorance of the people and clarified the Catholic doctrine.
1.5.2. The Coonan Cross
It was the arrival of an Eastern Bishop, Aiatallah that set the tone for the revolt.
Aiatallah originally hailed from the Jacobite Church of Syria but was later converted
to Catholicism. The Syrian Christians took him as a Patriarch or Metropolitan sent
from the East Syrian Bishop with the approbation of the Pope of Rome while the
Portuguese thought that he was a ‘Nestorian’ or East Syrian intruder.61 The
Metropolitan Mar Aiatallah is said to have landed in Surat in 1652 and from there
came to Mylapore, where he was arrested by the Jesuits. While at Mylapore Aiatallah
is said to have met two Syrian deacons who carried the news of his arrest with a letter
to the St. Thomas Christians and their heads. The Portuguese suspecting a possible
revolt deported Aiatallah to Goa and spread the story that the unfortunate prelate had
been accidentally drowned. The angered representative of St.Thomas community led
56 Joseph Thekkedath, An History of Christianity in India: From the Middle of Sixteenth Century to the
End of the Seventeenth Century, vol. 2 (Bangalore: Theological Publications In India, 1988), 69-70. 57 Leonard Fernando, G. Gisper-Sauch, Christianity in India, 78. 58 Jonas Thaliath, The Synod of Diamper, 173. 59 Joseph Thekkedath, An History of Christianity in India: From the Middle of Sixteenth Century to the
End of the Seventeenth Century, 91 60 Xavier Koodapuzha, Christianity in India, 92. Cf. Jonas Thaliath, The Synod of Diamper, 172. 61 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” 99-101.
14
by Archdeacon Thomas had already met at Mattancherry to catch hold of the
Portuguese fleet. However, their attempts failed and in their anger they took a solemn
oath at Mattancherry i.e. Coonen Kurish (leaning cross) to no longer submit to the
ecclesiastical authority of Rome as well as the Jesuits.62 After this event the St. Thomas
community was divided into two. One group accepted the allegiance of Rome
definitely and the other group eventually accepted the allegiance to the Antiochene
Jacobite (West Syrian) Patriarch.63
1.6. Different Churches in India
In India we have the presence of the Catholic Church, the Orthodox Churches and
many Ecclesial communities. For our study it is very important to trace the lineage of
all these Churches.
1.6.1. The Catholic Church
The Second Vatican Council taught that the Catholic Church is a communion of
Particular Churches of the East and of the West. The council qualified them as “ritual
Churches sui iuris.” The Eastern Catholic Churches are graded into four categories i.e.
The Patriarchal Churches, the Major Archiepiscopal Churches, the Metropolitan
Churches and other Churches sui iuris based on their respective heads. The Latin
Church too is an “Ecclesia sui iuris” but with a different hierarchical constitution as it
is headed directly by the Pope.64 The Catholic Church in India is a communion of three
Individual sui iuris Churches: Latin, Syro-Malabar and Syro-Malankara. Each of these
sui iuris Churches have taken shape from a unique history. Let us examine the history
of these Churches.
1.6.1.1. The Syro-Malabar Church sui iuris
After the Coonan Cross event there began the division in the Church of the St.Thomas
Christians into two major groups: one group continued to recognize the prelates
appointed by Rome (this group was later called as Syro-Malabar Christians) and the
62 Joseph Thekkedath, An History of Christianity in India: From the Middle of Sixteenth Century to the
End of the Seventeenth Century, 91-92. 63 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” 101. 64 George Nedungatt, “Churches Sui iuris and Rites,” in George Nedungatt, ed., A Guide to the Eastern
Code: A Commentary on the Code of Canons of the Eastern Churches, Kanonika 10 (Rome:
Pontificio Istituto Orientale, 2002), 100.
15
other which broke away from Rome and joined the West-Syrian Jacobite Church of
Antioch.65
On 22 February 1633, Rome sent an important direction to the Latin Religious working
in India. They were asked to work as a team and not to make any exclusive claims on
the mission territory. Pope Alexander VII sent two Carmelite Apostolic Commissaries,
Giuseppe Sebastiani and Vincent Hyacinth to Malabar in 1656 to conduct an enquiry.
Sebastiani went back to Rome and gave a report. On the basis of this report, the
Propaganda intervened in Malabar establishing a new jurisdictional unit known as the
Vicariate Apostolic of Malabar on 3 December 1659.66
In 1787, representatives from 84 churches assembled in Angamaly and drew up a
document called Angamaly Padiyola 67 which made a strong demand to Rome for
native Bishops, citing the sins of omission and commission of the foreign missionaries.
On 20 May 1887, Pope Leo XIII finally decreed the separation of rite of St.Thomas
Catholics from that of the Latin Catholics through the apostolic letter Quod iampridem.
Two separate apostolic vicariates Trichur and Kottayam (later Changanacherry) were
constituted and entrusted to two Latin Bishops. Leo XIII with his apostolic letter Quod
rei sacrae, reorganized the two vicariates into three Vicariates of Changanacherry,
Ernakulam and Trichur, and from then onwards the Syro-Malabar Church received
Apostolic Vicars of her own rite.68 Furthermore, on 21 December 1923, the Syro-
Malabar Hierarchy was established by the Apostolic Constitution Romani pontifices
of Pope Pius XI.69 The Syro-Malabar Church was erected to the status of Major
Archiepiscopal Church on 16 December 1992, with the Apostolic Constitution Quae
maiori of John Paul II. 70
Today the Syro-Malabar Church is the second largest Eastern Church in Catholic
communion and constitutes the largest group of St. Thomas Christians. At present
65 Paul Thekkedath, A Short History of Christianity in India, 90. 66 Xavier Koodapuzha, Christianity in India, 99. 67 In this important document the assembly referred to their past grievances under the Padroado and
Propaganda Bishops and affirmed their solidarity to face the challenges and threat together and to
restore their ecclesial heritage, identity and unity at all costs. 68 Paul Pallath, Important Roman Documents Concerning the Catholic Church in India (Kottayam:
Oriental Institute of Religious Studies India, 2004), 188-189. 69 Paul Pallath, Important Roman Documents Concerning the Catholic Church in India, 202. 70 Code of the Particular Law of the Syro-Malabar Church (Mount St. Thomas: Syro-Malabar Major
Archiepiscopal Curia, 2013), viii.
16
there are 5 Archdioceses, 13 eparchies within the canonical territory of the Major
Archiepiscopal Church and 12 eparchies outside.71
1.6.1.2. The Latin Church sui iuris
The present Latin Church in India had its origin from the missionary work of the
western missionaries in the thirteenth century. Jordan Catalani de Sevrac, was the first
resident foreign Catholic missionary in India. Pope John XXII, in recognition of the
zeal of Jordan, erected the Diocese of Quilon with the Cathedral Church, and
nominated him as the first Latin Bishop of Quilon.72
Later on as we have already seen the Portuguese came to India with Vasco da Gama
in 1498. With Goa being conquered in 1510 the Portuguese gained control over the
sea passage in the Arabian Sea. In 1514 the diocese of Funchal was established and it
was announced as the Padroado see by Pope Leo X. Later on the Portuguese started
establishing their strongholds by carrying out charitable works. Later on due to the
efforts of Albuquerque, the Portuguese starting marrying the local women which led
to a rapid growth in the Christian population. The Portuguese even captured many
prisoners during their campaigns and converted them into Christianity. Later on we
have famous missionaries like St. Francis Xavier who carried on extraordinary
missionary works on the coast of Goa. St. Francis also planted missions in Indonesia,
Japan later on.73
Through the famous Apostolic Letter “Humanae salutis auctor” of Pope Leo XIII,
dated 1 September 1886, the Latin Hierarchy of India was established. As stipulated
in the letter the Archbishop of Goa was elevated to the rank of patriarch of the East
Indies. The four dioceses namely the archdiocese of Goa, together with the suffragan
dioceses of Cochin, Mylapore and Damão formed one single ecclesiastical province.74
The Indian Missionary Bishops in 1944 formed the Catholic Bishops’ Conference of
India (CBCI). The Holy See and the Portuguese Republic signed another concordat on
18 July 1950 terminating Portuguese Padroado in India. With this the Holy See
achieved complete freedom for the erection of dioceses and the appointment of
71Syro Malabar Church Internet Mission, The Syro-Malabar Church: An Overview,
http://www.syromalabarchurch.in/syro-malabar-church.php (accessed on 20/01/2015). 72 George M. Moras, “The Latin Church,” 38-43. 73 Xavier Koodapuzha, Christianity in India, 171-178. 74 Paul Pallath, Important Roman Documents Concerning the Catholic Church in India, 141.
17
Bishops in all parts of India. After the erection of the Latin hierarchy, one can find the
rapid growth of the Latin Church in India. At present, the Latin Church has 130
dioceses, 23 Archdioceses and 13 Regional Bishops Conferences.75
1.6.1.3. The Syro-Malankara Church sui iuris
With the Syrian community already divided after the event of Coonan Oath, one
confederation led by the deposed Archdeacon Thomas, accepted the allegiance to the
Antiochian Patriarch Mar Gregorios, from whom Thomas received a valid episcopal
ordination. Thomas I would now be called Mar Thoma I.76 Mar Gregorios on the other
hand was successful in restoring the old customs abolished by the Synod of Diamper.
Hence, he succeeded in creating among the followers of Mar Thoma a general
antipathy against the Catholic group. By the time of Mar Thoma IV in the beginning
of the eighteenth century the community had already adhered to the teachings of the
Antiochian Syrian Church. 77
When we come to the twentieth century, we see seeds of another split among the Syrian
Orthodox of India. In 1909 Patriarch Abdullah II arrived to India and started claiming
actual authority in Malabar over spiritual and temporal affairs. This step angered Mar
Dionysios who was excommunicated in 1911. Mar Severius was appointed as the head
of the Jacobite Suddist community and Mar Kurillos was made the Metropolitan of the
Malankara Jacobite Church. When Patriarch Abdullah II departed from Kerala, he left
behind two competing parties of equal strength, loyal to mother Church which came
to be known as: Patriarch’s (Kurilos) party and Bishops party.78 The Bishops party
argued that the excommunication of Mar Dionysius VI was invalid.79 They also argued
that the installation of Mar Kurillos was invalid. With the help of Mar Abdul Massiah
II, they consecrated Mar Paulos Murimattathil as the first Catholicos of the Syrian
Jacobite Church in Malabar. The Bishops party began to be known as the Catholicos
75 Catholic Bishops Conference of India, Church in India, http://cbci.in/Church-in-India.aspx (accessed
on 17/03/2015). 76 A.M. Mundadan, “The Eastern Church in Sixteenth and Seventeenth Centuries,” 101. 77 Joseph Thekkedath, An History of Christianity in India: From the Middle of Sixteenth Century to the
End of the Seventeenth Century, 100-104. 78 Xavier Koodapuzha, Christianity in India, 143. 79 Original Nomocanon of Bar Hebraeus prescribed that the Patriarch cannot condemn a Bishop without
the consent of the Synod of Bishops.
18
party and the other Patriarch’s party. The former assumed the name Malankara
Orthodox Syrian Church and the latter Malankara Syrian Orthodox Church.80
Meanwhile one Bishop from Patriarchs party named P.T Givargis was active bringing
about the spiritual renewal of his Church. He became the founder of the first Orthodox
religious order in India called the Order of the Imitation of Christ. He also discovered
that the real future of the Church could prosper only in linking themselves with the
major Patriarchates, even if it were Rome. On 1 November 1926, the Episcopal Synod
was held at Parumala, Kerala. Here they decided to open negotiations again with Rome
for communion with the Catholic Church in order to establish peace in Malankara. The
Synod authorised Mar Ivanios, the Bishop of Bethany, to make necessary
correspondence with Rome regarding communion. He earnestly followed up the
mandate of the Synod. They were finally received into communion with Rome on 20
September 1930. Pope Pius XI through the Apostolic Constitution Christo pastorum
principi of 11 June 1932, established the Syro-Malankara Hierarchy for the reunited
community and erected the Archieparchy of Trivandrum with the Eparchy of Tiruvalla
as its suffragan. Thus, the Malankara Church re-entered into the hierarchical
communion with the Catholic Church. On 10 February 2005, Pope John Paul II raised
the Syro-Malankara Catholic Church to the rank of Major-Archiepiscopal Church.
Today the Syro-Malankara Church has approximately 8 eparchies in India with around
4,36,870 members.81
1.6.2. The Non-Catholic Churches
The Christian Church first appeared in history in the form of small communities, which
even though were diverse shared a deep sense of unity. They arose organically from a
deep realisation that all the members belonged to the same body and that they were all
born of the same new life. But from the fourth century, when these communities
received the protection of the Emperors their constitution underwent radical changes.
Gradually a great number of schisms arose which ended up in dividing the entire
Church. 82
80 Xavier Koodapuzha, Christianity in India, 144. 81 The Syro-Malankara Catholic Church, The Syro-Malankara Catholic Church: Historical Overview,
http://www.malankaracatholicchurch.net/index.html (accessed on 20/01/2015). 82 Nicholas Zernov, The Christian East (Mysore: Wesley Press, 1956), 8.
19
This division came about in two stages. The first stage of separation came in the fifth
and sixth centuries, wherein the Nestorian Church of Persia, The Monophysite
Churches of Armenia, Syria, Egypt, Ethiopia and India were separated. The second
separation came about in the year 1054. The main body of Christians now became
divided into two communions: in the Western Europe, the Roman Catholic Church
under the Pope of Rome; in the Byzantine Empire, the Orthodox Church of the East.83
Tremors of this division were also felt in the infantile Church of India. Let us now see
briefly how these divisions affected India.
1.6.2.1. The Malankara Syrian Orthodox Church
The Coonan Cross oath was one of the turning points in Indian Church history. After
this event a section of Thomas Christians under the leadership of Archdeacon felt the
urgency to contact the Antiochian Church.84 Coming down to the twentieth century
there was yet another division in this group. This community was divided into the
Catholicos party and the Patriarchs party. The Patriarchs party assumed the name of
Malankara Syrian Orthodox Church.85
1.6.2.2. The Malankara Orthodox Syrian Church
In 1912 with the erection of the Catholicate at Kottayam the division of Patriarch’s
Party and Bishops party became hierarchically distinct. The bishop’s party took the
name Malankara Orthodox Syrian Church. In the year 1934 the members of this
Church assembled at Kottayam and approved a constitution of the Church namely
“Orthodox Church”. Because of the existing confusion regarding the allegiance of the
members of the two Orthodox Churches it is difficult to give the exact number of
membership in this Church.86
1.6.2.3. Assyrian Church of the East of Trichur
This Church is the result of a conflict which took place within the Syro-Malabar
Church. From 1599 the Thomas Christians were ruled over by the Bishops of the Latin
rite, who were not in favour of the presence of Oriental Bishops in India. Finally at the
83 Timothy Ware, The Orthodox Church (London: Penguin Books, 1964), 12. 84 Joseph Thekkedath, An History Of Christianity in India: From the Middle of Sixteenth Century to the
End of the Seventeenth Century, 101. 85 Xavier Koodapuzha, Christianity in India, 144. 86 Xavier Koodapuzha, Christianity in India, 152-154.
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repeated request of the Thomas Christians Mar Thoma Rokos was sent as a visitor in
1861. He received a warm welcome from the localites but unfortunately he was forced
to return by the Latin Bishops. Another Catholic Bishop Mar Elias reached Malabar in
1874 and he stayed there till 1882. A litigation started on the claim over a church in
Trichur. The Mellusian faction won the case. Subsequently in 1908 a Persian Bishop
organised a community centered at Trichur which is known as Assyrian Church of the
East.87
Today the Church has its headquarters at Trichur. The Church has kept intact all the
seven sacraments. The Church of the East uses the liturgy of Addai and Mari and has
more than 15,000 members in India.88
1.6.2.4. The Malabar Independent Syrian Church
Mar Thoma VI was created Metropolitan in 1772 by Mar Gregorios and Mar Ivanios
who had come down from Antioch. Mar Gregorios in 1772 had also consecrated a
rival Bishop to Mar Thoma VI by the name Givargeese Ramban who took the name
Mar Kurilos (Cyril). After the death of Mar Gregorios, a conflict arose between the
two rival Bishops. Mar Thoma VI was however, successful in driving away the new
Bishop who took refuge in Anjur or Thozhiyur which was a British Malabar territory.
There he established an independent Church known by the name ‘Independent Syrian
Church of Malabar’.89
1.6.2.5. The Mar Thoma Church
Back in England, with the view of reforming the Church of England, John Keble and
John Henry Newman started the Oxford movement. This movement was so influential
that it even sent missionaries to India and other parts of the world. It was precisely at
this time the reformation of the ancient Church in Kerala had begun.90 A group of
Syrian Orthodox led by Abraham Malpan fell under the spell of the Anglicans. Malpan
was later excommunicated along with his colleagues by Mar Dionysius. Malpan got
87 Xavier Koodapuzha, Christianity in India, 129-130. 88 Xavier Koodapuzha, Christianity in India, 130 89 N.J. Thomas, “The Eastern Orthodox Church in India,” in C. Perumalil, and E.R. Hambye, eds.,
Christianity in India: An History in Ecumenical Perspective (Alleppey: Prakasm Publications,
1972), 197-198. 90 Zac Varghese Kanisseril and Mathew A. Kallumpram, Glimpses of Mar Thoma Church History (New
Delhi: Kalpana Printing House, 2003), 13
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his nephew Deacon Matthew consecrated as a Bishop, from a Jacobite Patriarch and
went on to form the Reformed party. Deacon Matthew took the name Mar Athanasius.
He was succeeded by Thomas Mar Athanasius. A lawsuit was filed by Mar Dionysius
V, the Syrian Orthodox leader, against Mar Thomas Athanasius in which the reformers
were obliged to leave every Church they had previously possessed. Inspite of this the
reformed Church made a considerable progress and later took the name ‘Mar Thoma
Syrian Church’ under its first head Mar Thomas Titus I.91
Currently the Mar Thoma Church has 9,00,000 members spread over 1,166 parishes
with its headquarters located at Thiruvalla, Kerala. The main goals and functions
adopted by this Church are: To be faithful witnesses of the doctrines revealed by Jesus
Christ; to promote the spiritual life of the faithful through the ministry of the word and
the administration of Sacraments; to make disciples of all the nations by proclaiming
the gospel.92
1.7 The Ecclesial Communities in India
The ecclesial communities are the ones which have not preserved the valid Episcopate
and the genuine and the integral substance of Eucharistic mystery.93 With the dawn of
the English East India Company, a strong Anglican and then Protestant missionary
current started flowing towards India. Over the years these communities have made a
considerable growth in the Indian sub-continent. Following are the prominent ecclesial
communities that exist in India:94
i) The Anglican Church of India (1812) 95
ii) The St. Thomas Evangelical Church (1961) 96
91 M.E. Gibbs, “Anglican and Protestant Missions,” in C. Perumalil, and E.R. Hambye, eds., Christianity
in India: An History in Ecumenical Perspective (Alleppey: Prakasm Publications, 1972), 201-202. 92 Mar Thoma Syrian Church of Malabar, Overview, http://www.marthoma.in/overview (accessed on
20/01/2015) 93 DI 16. 94 Francis Nelson, Communicatio in Sacris e la Sua Applicazione nel Contesto Interecclesiale in India
(Excerpt from Doctoral Dissertation., Pontificia Universitas Urbaniana, 2006), 30. 95 The Anglican Church of India is the missionary effort of the Church of England through Church
Mission Society (CMS), founded in 1799. These missionaries came to India in 1814 and worked
with the Orthodox Christians of Kerala. Today the Anglican Church in India is an autonomous
Church Body in valid apostolic succession. 96 This Church is a reformed branch of Mar Thoma. The members of this Church profess their faith in
the Triune God. They have only two sacraments i.e. Baptism and the Supper of the Lord.
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iii) The Baptist Church (1793) 97
iv) The Evangelical Church of India (1952) 98
v) The United Evangelical Lutheran Church in India.99
vi) The Methodist Church (1856) 100
vii) The Mennonite Church (1889) 101
viii) Presbyterian Church of India (1841) 102
ix) The Seventh Day Adventist Church (1895) 103
x) The Church of South India (1947) 104
xi) The Church of North India (1970) 105
1.8. The Theological Basis for Communion Among the Churches
One of the major contribution of the Second Vatican Council is the rediscovery of the
true nature of the Catholic Church as the communion of churches.106 The Apostles who
proclaimed the good news to various communities all over the world interpreted the
97 This Church was founded in India due to the ardent efforts of William Carey in the year 1793. The
Baptists believe in the autonomy of local Churches and freedom of a Christian. Hence there is no
hierarchical form of Church movement. Baptist Churches work together as fellowship. 98 This Church was founded by Mr Charles E Cowman and Mr. E Kibourne. The Vision and the Mission
of Evangelical Church of India (ECI) is to identify, disciples and transform the receptive groups of
people in India, evolve strategies to motivate, train, equip and empower frontline evangelists and
native missionaries to reach the unreached people of India and multiply churches among them. 99 The Lutheran Church, emerged from the Protestant Reformation, began in Germany in 1517. It has
its headquarters in Chennai. In India there is a united form of Lutheran Churches. 100 The Methodists Episcopal Church came to India in 1856 with William Butler, a missionary from
America. The doctrine on the nature of Church, episcopacy, priesthood, Petrine Ministry and it
succession, sacraments etc., are topics of discussion with the Methodists. 101 This Church was formed in the year 1899. Their main focus was orphanage work and extensive
medical ministry. There are six Mennonite groups in India today which are broadly divided into two:
Mennonites Brethren Church of Andhra Pradesh and other Mennonite Churches. 102 This Church began in India with the arrival of Thomas Jones and his wife Khasi Hills on 22 June
1841. 103 The first regular Adventist worker to reach India was Georgia Burrus who arrived in Kolkata on 23
January 1895. The members of the Church celebrate the Sabbath, the day of rest and worship on
Saturday. Seventh-day Adventists accept the Bible as the only source of our beliefs. They consider
their movement to be the result of the Protestant conviction Sola Scriptura 104 This church is a union of Anglican, Congregational, Presbyterian and Methodist Churches. The basis
of this union was: i) the Holy Scriptures of the Old and New Testament as containing all things
necessary for salvation and as the supreme and decisive standard of faith; ii) the two creeds, the
Apostles' Creed and the Nicene Creed as witnessing to and safeguarding this faith; iii) the two
Sacraments of Baptism and the Lord's Supper; iv) the ordained ministry with the historic episcopate. 105 The Church of North India (CNI), the dominant Protestant denomination in Northern India, is a
united Church established on 29 November 1970 by bringing together the main Protestant Churches
working in Northern India. Concern for the unity of the Church was the main reason why this Church
was formed. 106 Xavier Koodapuzha, Communion of Churches (Vadavathoor: Oriental Institute of Religious Studies,
1993), 9
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good news to the people in their own concrete existential contexts. This unique witness
of the Apostles became the starting point of a life of communion that later on evolved
into a theology.107 Let us now explore the various aspect of this life.
1.8.1. The Trinitarian Mystery
The mystery of the Most Holy Trinity is the central mystery of Christian faith and life.
It is the mystery of God in himself. It is the source of all the other mysteries of faith.
It is the most fundamental and essential teaching in the "hierarchy of the truths of
faith."108 The whole history of salvation bears testimony to the fact that the one true
God, Father, Son and Holy spirit are involved in reconciling men who turn away from
God due to sin.109
This mystery of the Church is written first and foremost in the Creed. In the Creed we
first make mention of the profession of belief in trinity, which is followed by the
Church which depends entirely on the article of the Holy Spirit. 110 The Church is a
place where the Trinitarian love has to become visible, i.e. “May they be one, as we
are one” (Jn 17:21). The source of all the efforts for the reunion of Christians in the
unity of the Church, wounded in the human and historical dimension of unity, is always
in the one and undivided Trinity. St. Cyprian tells us that, the Church is the
"sacrament" of Trinitarian love. Her most profound mystery consists precisely in this
love.111
107 Xavier Koodapuzha, Oriental Theological Dimensions (Vadavathoor: Oriental Institute of Religious
Studies, 1988), 3. 108 "Hierarchy of truths" was a new concept at the Second Vatican Council. But the phrase expresses an
insight into a reality which has had different forms in the history of the Church. The Decree on
Ecumenism uses "hierarchy of truths" as a metaphor. The Decree applies this to Christian doctrine
in two ways. First, there is an order between propositional truths of doctrine and the realities which
are known by means of the propositions. Secondly, neither in the life nor the teaching of the whole
Church is everything presented on the same level. Certainly all revealed truths demand the same
acceptance of faith, but according to the greater or lesser proximity that they have to the basis of the
revealed mystery, they are variously placed with regard to one another and have varying connections
among themselves. This is called “hierarchy of truths”. Cf. Congregation for the Doctrine of Faith,
Mysterium Ecclesiae 4, 24 June 1973. 109 Joannes Paulus II, The Catechism of the Catholic Church 234 (New Delhi: Theological Publications
of India), 62. 110 Henri De Lubac, The Splendour of the Church (San Francisco: Ignatius Press, 1986), 29. 111 Pope John Paul II, General audience The Church Lives in the Trinity's Love, 9 October 1991,
http://www.vatican.va/holy_father/john_paul_ii/audiences (accessed on 10/07/2014).
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1.8.2. The People of God
The Church, “the sacrament of man’s salvation,” is not the result of some fresh plan,
as it were, on the part of God, nor of any “belated pity”; it does not matter how far
back you go, and you still find her. Before the Law of Moses, the Church existed under
the “law of nature.” In other words the world “was made for her.”112 However in order
for her to exist in this world, she would require a people who would live in accord with
God's will and make it the light of the world.113 And that is why God chose Israel as
his people i.e. “People of God.” The Septuagint when translating the word “People of
God” uses the expression “Laos thu theu” designating Israel beginning with Abraham.
From the life of Abraham it is clear that his vocation was not limited to himself, but it
had relevance for all. That is why God promised Abraham that, in him all the nations
will be blessed. This promise was further sealed when God made a covenant with Israel
saying, “They shall be my people and I will be their God” (Jer 24:7). Finally, Prophet
Zachariah made this promise universal and did not limit it to one ethnic group: “Sing
and rejoice, O daughter of Zion! For lo, I will come and dwell in your midst. Many
nations shall join themselves to the Lord on that day, and shall be my people; and I
will dwell in your midst” (Zach 2:10-11).114
1.8.3. Church the New Israel
The Fathers were convinced of the ultimate identity between the Church and Israel,
they could not see in the Church something that took place by chance at the last hour,
but recognized in Her, the gathering of the peoples in accord with God's will.115
St. Clement of Alexandria said this very beautifully, “Just as the will of God is an act
and is called the world, so also His intention is the salvation of men and is called the
Church.”116 How did God accomplish this? By sending his only Son. All the promises
made to Israel become a reality in Christ, who is the head of the body the Church.117
The Church headed by Christ began as a community of the twelve gathered around
Mary. These twelve Apostles, who later carried the gospel to the ends of the earth,
112 Henri De Lubac, The Splendour of the Church, 61. 113 Cardinal Joseph Ratzinger, The Pilgrim Fellowship (San Francisco: Ignatius Press, 2002), 134. 114 Peter Paul Saldanha, The Church Mystery of Love and Communion (Citta del Vaticano: Urbaniana
University Press, 2005), 130. 115 Cardinal Joseph Ratzinger, The Pilgrim Fellowship, 134. 116 Henri De Lubac, The Splendour of the Church, 64. 117 Yves Congar, The Mystery of the Church (London: Geoffrey Chapman, 1960), 64.
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represent both the Old and the New Israel, the one People of God extended to all the
nations.118
1.8.4. Unity in Diversity in the Early Church
The theological basis of the contemporary problem of differences that exist in the
Church is one: To find a foundation for a ‘pluralist unity’ or a ‘reconciled diversity’.
Obviously there is a unity in Christianity, made very much visible in the New
Testament. What is this unity? Jesus Christ the cornerstone of a single construction.
This unity also formed the life of the early Christians for which many were even
martyred.119
Obviously, various factors, human, geographical, cultural, historical, soon brought
about changes in this ecclesial life. The Church slowly went out of Jerusalem and
penetrated the Greek world. It reached men who no longer knew Christ or the Apostles
or even the immediate disciples of these Apostles. Suddenly there were Christian
communities established in Syria, Greek, Latin, Coptic, Armenia, Egypt, and India.
Each one blossomed, so to speak, on her own ground, giving herself a liturgy, a
hymnography, a theology, a legal system.120 Nonetheless, there still remained the same
elements of the ecclesial communion, making of all Christians a single heart and soul,
witnessing to the Incarnation and Redemption brought forth by Christ. As members in
one body, each contributed his share to the progress of the whole, which is Christ.121
In the light of the crucified and risen Lord, however, all formed an intrinsic unity that
transcended all boundaries and overcame all differences.122
How did the early Christians nourish this sense of unity amid diversities? With a truly
Catholic mentality. Just as God’s plan of salvation is vast and omni comprehensive, in
118 Cardinal Joseph Ratzinger, The Pilgrim Fellowship, 136. 119 Yves Congar, Diversity and Communion (London: SCM Press, 1984), 1-12. 120 Joseph Kallarangatt, “An Ecclesiology of Communion from the Eastern and Ecumenical
Perspectives,” Eastern Legal Thought, no. 9 &10 (2010-2011), 9. 121 Yves Congar, The Mystery of the Church, 86-87. 122 Maximilian Heinrich Heim, Fundamentals of Ecclesiology with Reference to Lumen gentium (San
Francisco: Ignatius Press, 2007), 346.
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the same way, the Church welcomed this pluralism as the articulation of her own unity.
This was the reason why in the early Church we see abundant fruits of Charity.123
1.8.5. The Dramatic Divisions in the Church
The decree on Ecumenism Unitatis redintegratio affirms: “in subsequent centuries,
much more serious dissensions appeared and large communities became separated
from full communion with the Catholic Church, for which often enough, men of both
sides were to blame”.124 The first rifts came about between the Jews and the Christians,
with the separation of the Church from the Synagogue. The later divisions came about
not just because of doctrinal issues but also due to political and cultural differences.
At first there was the Eastern Schism and then during the Protestant reformation there
took place a further division in the western Christendom, which led to many other
factions.
The actual heart of this division however is found in the fact that the fellowship of
communion was shattered. The fundamental nature of the division was in the fact
rupture of communion within the framework of the Church.125 For this reason in the
St. Augustine says that the ethical starting point of division is the hatred among the
brothers or in other words, disliking people. However St. Augustine also pointed out
a much deeper root for division. He says that division comes about when we ascribe
to ourselves what in reality belongs to Christ. In other words we forget that we are just
a part of the entire body. 126
1.8.6. A Shift in the Middle Ages
Many scholars describe the medieval ecclesiology as juridical in nature and papal in
orientation. It was juridical because it was mainly concerned about institutional
structures and how those structures operate within the Church and state relations.127
123 Pope Paul VI, “Unity Amidst Diversity of Expression: Address to the Representatives of all the
Colleges of Candidates for the Priesthood of Eastern Rites,” Voice of the Church (30 April 1967),
253-254. 124 UR 3. 125 Timothy Macdonald, “Schism,” in Joseph A. Komonchak, et.al. (eds.) The New Dictionary of
Theology (Bangalore: Theological Publications in India, 2011), 934. 126 Aidan Nichols, Rome and the Eastern Churches: A Study in Schism (San Francisco: Ignatius Press,
2010), 34. 127 James R. Ginther, “Church in Medieval Theology,” in Gerard Mannion, and Lewis S. Mudge, The
Routledge Companion to the Christian Church (New York: Taylor and Francis Group, 2007), 50,
http//: www.academia.edu (accessed on 22/07/2014).
27
The prevailing political structure in the medieval world was monarchical. Secular or
temporal authority flowed from the kings, princes and lords. This pattern prevalent in
the secular society would be mirrored in the Church as papal monarchy, in which the
spiritual power and authority descended from the Pope, down through Archbishops,
Bishops, Abbots, Archdeacons, Canons and Ordinary Priests and was exercised over
the faithful. However there would also be a intertwining of powers. As Bishops who
were called to lead the people in union to God, they also ruled their domains and
worked with the kings in ruling the kingdom.128 Gradually there developed a struggle
between the Kings and Popes and that is how the first tractates De ecclesia on Church
began to appear. These tractates dealt on how to bring about unity between both.
Subsequently focus was shifted to the structures of government within the Church,
more than its essence or nature and even more than its life or experience. The
consequence of this was seen in the Protestant Reformation where Martin Luther
thoroughly opposing the external sacramental system in the Church lead to manifold
ambiguities in the Protestant Ecclesiological views.129 From here onwards an
imbalance occurred where the Church was understood primarily in its visible,
hierarchically constituted, societal dimension under the supreme authority of the
Bishop of Rome.130 This disfigured the Church and made it difficult in her to recognise
the mystery of Jesus Christ.131
1.8.7. The Second Vatican Council
Being part of the human society, the Church has always taken part in the revolutionary
changes that have taken place in the world. Right from her very foundation, the Church
stood amidst tension between tradition and innovation. This also became apparent
during the Second Vatican Council (1962-1965). And hence for the first time the
Church took the theme of understanding her own self in relationship to God.132 It is
noteworthy to remember a particular event that took place before the Second Vatican
128 Bernard P. Prusak, The Church Unfinished: Ecclesiology Through the Centuries (New Jersey: Paulist
Press, 2004), 178. 129 George H. Tavard, “Is there a Catholic Ecclesiology,” Proceedings of the Catholic Theological
Society of America (2012), 367-368, http//: ejournals.bc.edu (accessed on 22/07/2014). 130 Timothy Macdonald, “Schism,” 935. 131 J. Neuner, and J. Dupuis, “The Church”, in Jacques Dupuis, ed., The Christian Faith (Bangalore:
Theological Publications in India, 2008), 299-300. 132 Maximilian Heinrich Heim, Fundamentals of Ecclesiology with Reference to Lumen Gentium, 21.
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Council. Pope John XXIII had not personally decided on themes for the Council, but
invited the Bishops of the world to make their suggestions, so that the subjects to be
treated by the Council might emerge from the lived experience of the universal Church.
It was strongly felt all over the world that the theme of the Council should be the
Church, as to offer a comprehensive vision of the Church seemed to be the urgent task
of the coming Second Vatican Council. But a senior Bishop of Regensburg, Bishop
Buchberger said: "Dear brothers, at the Council you should first of all speak about
God.” So the Second Vatican Council was not only an ecclesiological Council, but
first and foremost, it spoke of God, and this not only within Christianity, but to the
world, of the God who is the God of all, who saves all and is accessible to all.133
1.8.7.1. Lumen Gentium
The primary intention of the council was not to introduce a new doctrine but to
interpret the existing tradition of the Church into a living language. The first phase of
the rediscovery of the Church during the council was centered on the concept of the
Church as ‘the mystical body of Christ’.134 The constitution on the Church Lumen
gentium says that the universal Church is a people brought into unity of the Father,
Son and the Holy Spirit by Jesus Christ through the preaching of the Good News.135
Hence, today Christ exists not as an idea, but in the form of a body of faithful. All
these faithful who are called from all the nations form one body in Christ which is the
Church.136 For this, there is no Christ without Church, just as there is no Church
without Christ.137
Lumen gentium further elaborates that it is through Baptism that the faithful are
incorporated in the Body of Christ and in their own way they share in the prophetic,
priestly and kingly mission of Christ.138 The effects and consequences of Baptism
expressed here apply to all the Baptised whether Catholic or not. This application to
all the Baptised forms one of the constitutive principles of communio Ecclesiology. So
there exists varying degrees of communion i.e. those who are in communion and those
133 Cardinal Joseph Ratzinger, The Pilgrim Fellowship, 124. 134 Joseph Ratzinger, Church, Ecumenism and Politics (New York: St. Paul’s Publication, 1988), 7. 135 LG 6-7. 136 LG 7. 137 J. M.R. Tillard, Church of Churches: The Ecclesiology of Communion (Minnesota: The Liturgical
Press, 1992), 28. 138 LG 31.
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who are in full communion. Thus the relationship between Baptised and the Catholic
Church receives specification along a continuum from “communion” to “full
communion”. This communion forms the basis for Ecumenical movement.139
Eucharist signifies the unity of faith at the very heart of the universal Church.140 It was
Henry De Lubac who made it clear that the term “mystical body” originally meant the
holy Eucharist. Thus there arose a Eucharistic ecclesiology, which the people also
called the ecclesiology of communion. What is meant by this term Eucharistic
ecclesiology? The first thing is that Jesus’ last supper now, becomes recognizable as
the actual foundation of the Church, where Christ through his death and resurrection
gives man the feast of life. Therefore, Eucharist links men and women not only with
each other but with Christ which is nothing but a sacrament of unity and bond of
love.141
The Second Vatican Council in many of her texts shows the unique relationship that
exists between the Eucharistic mystery and the Church. Lumen gentium teaches this at
least three times (LG 3, 11, 26): “Strengthened by the Body of Christ in the Eucharistic
communion, they then manifest in a concrete way that unity of the people of God”142
Who preserves this unity of the people of God? It is the pastor who linking to his
ministry, to the apostolic group, the deposit of apostolic faith remaining faithfully
preserved assures this communion.143 However it can happen that this communion
exists but it is not expressed because one or the other essential elements required for
its visibility is lacking which is completely against the explicit will of Christ. But two
groups can be Churches in an authentic way without so much communion. This is the
case between a Catholic Church and an Orthodox Churches. Eventhough they are
“separated” they are two “sister Churches”. Therefore communion with the see in
Rome is essential to the visibility of ecclesial communion but is not the absolute
condition for claiming the title of Church, because wherever a true Eucharist is
celebrated presided over by a true minister inserted into the apostolic succession, there
139 James H. Provost, “Ecclesiastical Offices,” in John P. Beal, et.al. (eds.) New Commentary on the
Code of Canon Law (Bangalore: Theological Publications in India, 2010), 204. 140 Jobe Abbass, “The Eucharist: A Comparitive Study of the Eastern and Latin Codes,” Studies in
Church Law, vol. 7 (Jan-Dec 2011), 47. 141 Joseph Ratzinger, Church, Ecumenism and Politics, 7-8. 142 LG 11. 143 J. M.R. Tillard, Church of Churches: The Ecclesiology of Communion, 174.
30
exists a true Church. It may be that this Church is not integrated in the visibile
communion, which is a very serious limitation and an ecclesial deficiency. Yet it is a
Church. And it is by virtue of this title that it is destined to enter into visible
communion.144
1.8.7.2. Unitatis Redintegratio
Together with Lumen gentium the decree on ecumenism titled Unitatis redintegratio
establishes the Second Vatican Council’s position on the relationship of the Church
with other Christians. The decree following the will of Christ sets up the ways and
means by which by which one can respond to the divine call of unity.145 However
moving further the decree expounds how in the course of history because of schisms
and divisions there have been numerous Christian communities. These members
according to the decree are of significance for salvation and are used by the Spirit of
Christ as a means of salvation. This is the decrees first important achievement.146 For
the first time, the Church explicitly teaches that Christians born in separated Churches
or communities are not thereby guilty of the sin of separation. They are perceived not
as opposing or moving away from the Catholic Church, but as being raised in a state
of imperfect communion they did not create. The basis of this positive regard for
separated Christians is their faith in Christ and true Baptism.147
The decree acknowledges that the separated Christians are still bound to the Church,
and Christ is among them by the virtue of that bond. It is here for the first time the
Council speaks of worship in common (communicatio in sacris) that can be allowed
in certain circumstances but not as a means for restoring Christian unity.148
The decree clearly states that communicatio in sacris is not an appropriate means for
the restoration of Christian unity. Therefore a general participation in the worship and
144 J. M.R. Tillard, Church of Churches: The Ecclesiology of Communion, 189-190. 145 UR 1. 146 Werner Becker, “Decree on Ecumenism: History of the Decree,” in Herbert Vorgrimler, ed.,
Commentary on the Documents of Vatican, vol. 2 (New York: Herder and Herder, 1968), 20-21. 147 Johannes Feirner, “Commentary on the Decree,” in Herbert Vorgrimler, ed., Commentary on the
Documents of Vatican, vol. 2 (New York: Herder and Herder, 1968), 80. 148 UR 8.
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sacraments of other Churches is not possible but in some cases it is nevertheless
permitted and even recommended.149
1.8.7.3. Orientalium Ecclesiarum
The third noteworthy passage from Vatican Second Council comes in the decree on
the Eastern Catholic Churches Orientalium ecclesiarum, where liberal conditions are
given for intercommunion between Catholics and those of Eastern Churches separated
from Rome. The decree is important as it envisions a possible reconciliation with the
separated Orthodox and for this it exhorts the Eastern Churches in communion with
the Apostolic See of Rome to form a bridge between Catholic Church and the
Orthodox. Unity is basically the work of the Holy Spirit and if this takes place, one
who wishes to come back to the Catholic Church has only to make a profession of
faith.150 The decree also speaks of “a mutual sharing in sacred things” i.e.
communicatio in sacris, but firstly in a more rigorous tone, as this is a countersign to
the unity of the Church, and involves certain risks such as error or the danger of
aberration in the faith, of scandal and of indifferentism.151 Since the ultimate aim of
all the activities of the Church is the salvation of the souls, which is in fact the supreme
law of the Church, in the following paragraph the decree immediately relaxes the strict
principle with regard to inter-Church sacramental sharing when it comes to pastoral
necessity.
However, pastoral experience shows that various circumstances affecting individuals can and
ought to be taken into account, where the unity of the Church is not harmed nor are there
dangers to be guarded against, but where the need of salvation and the spiritual good of souls
are prime considerations, the Catholic Church, by reason of circumstances of time, place and
persons, has often followed and still follows a less rigorous course of action, offering to all the
means of salvation and a witness to charity among Christians, through a common sharing in
the sacraments and in other sacred functions and things.152
In view of the above mentioned principles the decree lays down pastoral norms for
communicatio in sacris.
149 Johannes Feirner, “Commentary on the Decree,” 107. 150 Victor J. Pospishil, Orientalium ecclesiarum, the Decree on the Eastern Catholic Churches of the
Second Vatican Council: A Canonical and Pastoral Commentary (New York: Fordham University,
1965), 61-64. 151 OE 3. 152 OE 26.
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Eastern Christians who are separated in good faith from the Catholic Church, if they are rightly
disposed and make such request of their own accord, may be given the Sacraments of Penance,
The Eucharist and the Anointing of the Sick. Moreover, Catholics also may ask for those same
sacraments from non-Catholic ministers in whose church there are valid sacraments, as often
as necessity or true spiritual benefit recommends such action, and access to a Catholic priest
is physically or morally impossible.153
In all we see that, that basic distinction made by the Second Vatican Council between
Orthodox Churches and Ecclesial communities is maintained everywhere. Confirming
the true ecclesiality of the Churches of the East the declaration Dominus Iesus once
again asserted that the Orthodox Churches remain united to the Catholic Church by
means of closest bonds, that is, by apostolic succession and a valid Eucharist. The only
imperfection that they have is the rejection of the “Catholic doctrine of primacy.154
153 OE 27. 154 DI 17.
33
Conclusion
Having taken a brief survey of the history of the Church in India on one hand and
considering the mission that Church in India has on the other hand, we see that the
divisions that have taken place within the Church pose a great obstacle to the
witnessing mission of Christ. However it is high time now to stop blaming each other
for this mess and accept that everybody has sinned because for every sin there is a path
of mercy, which our Lord Jesus Christ has opened. We have to realise that every event
that God allows in the history has a purpose to save man. This can be proved from the
fact that even after so many upheavals in the history of Church in India as well as the
entire world, the Church is still dispensing generously the means of salvation that She
has.
The Second Vatican Council has brought significant changes in the way we view
members of churches not in full communion with us. Our relationship with other
Christians and their communities is not just a question of goodwill and nice sentiments
but they are brothers and sisters in the Lord. That is why when it is necessary all these
brethren of ours can be proper recipients of the Church’s spiritual and pastoral care. It
is true that there are limits and we will not help the cause of Christian unity by going
beyond them. The lack of full communion, the differences that still exist in teaching
regarding both faith and morals, and the wounded memories of a history of separation,
are all the limitations that we have in front of us. But within the theological and
canonical limits (which we will see later in the chapter), of what is possible on the
basis of “incomplete” communion, and in the spirit of Pope John Paul II’s masterful
encyclical Ut unum sint, which says that a priest should rejoice whenever he gets the
opportunity to attend to the spiritual needs of the Christians, one can practice an
ecumenism of love founded on the Lord’s command to love one another. For this
reason in the following chapters we will take a look on all possible aspects which the
Holy Mother Church has opened up for the spiritual growth of all the Christians.
34
CHAPTER TWO
THE NOTION AND GENESIS OF COMMUNICATIO IN SACRIS
Introduction
The first document of Second Vatican Council on sacred liturgy, Sacrosanctum
concilium spoke of the Church as a sacrament:1 “For it was form the side of Christ as
he slept the sleep of death upon the cross that there came forth the wondrous sacrament
of the whole Church.”2 St. Augustine uses these words to show that it is not possible
to separate Christ from the Church and the sacraments, because both the Church and
the sacraments come from Christ.3 Therefore, Jesus Christ himself is the author of
these sacraments who makes them come down from heaven.4 Therefore, in the
celebration of every sacrament the Church makes present heaven here on earth. The
sacraments become privileged means instituted by Christ and entrusted by him to the
Church, by which the mystery of salvation becomes a living and tangible reality for
every age.5
Through the centuries the Church has progressed in the explicit awareness of her
sacramental life. Her sacramental doctrine has grown out of the exercise of her
sacramental life.6 One such area with regard to this is the sharing of the sacraments
with the schismatics and heretics. It was during her missionary endeavours that the
Church encountered these problems. After the Great Schism of 1054, the Protestant
revolt, and the age of exploration, the Catholic Church undertook a lot of missionary
activities throughout the world. Bishops and priests confronted an array of pastoral
and moral situations for which they sought guidance from the Holy See. The Holy
Office throughout this period preserved the original queries and the subsequent
responses carefully elaborated by her theologians and approved by the Roman Pontiffs.
1 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick (Bangalore:
Theological Publications in India, 2005), 1. 2 Emmanuel J. Cutrone, “Sacraments,” in Allan D. Fitzgerald, ed., Augustine Through the Ages
(Cambridge: William B. Eerdmans Publishing Company, 1999), 743. 3 Zacharias Mattam, Invited to the Wedding Feast of the Lamb (Mumbai: St. Pauls Publications, 2011),
24. 4 William A. Jurgens, The Faith of the Early Fathers, vol. 2 (Bangalore: Theological Publications in
India, 2005), 178. 5 J. Neuner and J. Dupuis, “The Sacraments of the Church,” in Jacques Dupuis, ed., The Christian Faith
(Bangalore: Theological Publications in India, 2008), 557. 6 J. Neuner and J. Dupuis, “The Sacraments of the Church,” 558.
35
These collections became the standard references for the Church’s relationship with
the non-Catholics.7
Therefore, in this chapter as we arrive to the notion of communication in sacris, we
will first of all have a brief look into the annals, as to what was the attitude of the early
Church fathers towards the heretics and schismatics. We will then look into the various
responses given by the Holy See to the problems which the missionaries had to face
when they came across the schismatics in the mission lands. All this will help us to
arrive at the canonical understanding of the concept of the evolution of the idea of the
communication in sacris in the codes of Canon Law.
2.1. Communicatio in Sacris: Etymology and Definition
The term communicatio in sacris literally means “sharing of sacred things” (sharing
of sacraments and other liturgical worship).8 In strict sense it is limited to the
sacramental worship with the other Churches. In broader sense it refers to participating
in any form of prayer. Here we should distinguish between, communion in worship
which is more general and communion in sacramental life. While the first is possible
with every Christian believer, the latter presupposes a real Church with a valid
priesthood.9 The sacraments that can be shared are Eucharist, Penance and Anointing
of the sick.
2.2. The Notion of Communicatio in Sacris
Based on the traditional doctrine of the Church, it is always difficult to trace the exact
notion of communicatio in sacris. The greatest miracle of love and unity that was made
manifest in the early Christian community can help us deepen our idea on
communicatio in sacris.
The primitive expression of the idea of Christianity as communion was the pooling of
material possessions in the early Church in Jerusalem: “The company of those who
believed were of one heart and soul, and no one said that any of the things which he
7 Craig Allan, “The Holy Office on Worship with the Non Catholics from 1622 to 1939,” The Latin
Mass Magazine, (December 2006), 2, http://www.latinmassmagazine.com (accessed on
05/09/2014). 8 Jose Pulickal, A Dictionary of Canon Law (Trissur: Biblia Publications, 2004), 100. 9 John Madey, Orientalium Ecclesiarum: A New Commentary on Vatican II’s Decree on the Oriental
Catholic Churches (Kottayam: OIRSI publications, 1987), 158.
36
possessed was his own, but they had everything in common” (Ac 4:32).10 The common
possession of these spiritual goods built a visible communion among the believers.
This was later to be one of the main transforming factors of the entire Roman Empire.11
2.3. Distinction between “Full Communion” and “Communion”
All the baptized share some relationship to a greater or lesser degree with the Catholic
Church. Therefore there exists a distinction between “full communion” and
“communion”.12 If we make a study on the conciliar acts and also compare the various
versions of the dogmatic constitution on the Church Lumen gentium, we will discover
that the word membrum was used to define who belongs to the Catholic Church and
who does not. Subsequently for ecumenical reasons the word membrum was
intentionally omitted and replaced by the expressions plena communione (LG 14) and
coniungere (LG 15).13
This idea has been incorporated by the Codes of Canon Law (CCEO c. 8 & CIC c.
205) According to the canons of these Codes which are verbatim in both, three things
are essential to be in “full communion” with the Catholic Church, i.e. the profession
of faith, the sacraments, and ecclesiastical governance. If any of these bonds are
missing then there comes the discussion of those who are just in “communion”.14
2.4. History and Evolution of the Idea of Communicatio in Sacris
The history of the Church offers us many instances proving that sacramental
communion, or common participation in worship, has not at all automatically ceased
to exist when the ecclesial communion of Oriental Churches with Rome was
interrupted.15 It is true that the problems of divisions existed right from the early
Church but there has been a gradual growth from the primitive Church up to the
modern era, on how the Church actually dealt with the so called dissenters of Catholic
10 Edmund Hill, “Church,” in Joseph A. Komonchak, et.al. (eds.) The New Dictionary of Theology
(Bangalore: Theological Publications in India, 2001), 199. 11 Nicholas Sagovsky, Ecumenism, Christian Origins and the Practice of Communion (Cambridge:
Cambridge University Press, 2000), 125. 12 Robert J. Kaslyn, “The Christian Faithful,” in John P. Beal, et.al. (eds.) The New Commentary on the
Code of Canon Law (Bangalore: Theological Publications in India, 2010), 248. 13 Walter Kasper, “Canon Law and Ecumenism,” Jurist, vol. 69 (2009), 177. 14 Victor J. Pospishil, Eastern Catholic Church Law (New York: Saint Maron Publications, 1996), 92-
93. 15 John Madey, Orientalium Ecclesiarum: A New Commentary on Vatican II’s Decree on the Oriental
Catholic Churches, 160.
37
communion. That is why in this section we will make a brief tour on how the idea of
communicatio in sacris evolved through the different ages of the Church.
2.4.1. The Early Church
In the first centuries of the Church’ history the signs of ‘love and unity’ took the form
of a communion of churches (communio ecclesiarum).16 Subsequently there was a
breakup in this unity. These divisions in the early Church were seen as resulting from
disputes and lack of love/charity. The Greek word used for such an event was
“schisma” or “Schism” which was different from “Heresy”. Heresy is not a schism,
for heresy is at its base, doctrinal and is opposed to the Christian faith itself. Schism is
opposed to charity and is not doctrinal at heart.17 In the early Church it appears clearly
that the rending of the body of Christ is sin and that there was no excuse for schism
which is related to love and not to doctrine. In 1 Cor. 1:10 schism developed from the
party spirit of factiousness in which individuals identified themselves as supporters of
Paul or Apollo’s or Cephas. Outwardly the Church was one, but internally it was
marked by divisiveness.18 In 1 Cor. 12, Paul makes the point that it is the divine
wisdom which has established harmony between the members of the human body.
Diversity of gifts should not invite to envy but to cooperation.19
2.4.2. The Age of the Apostolic Fathers
The Fathers of the Church give the same story. They held a normative position that it
is necessary to be in the Church to be saved.20 However there were exceptions and it
was possible in some circumstances for people to be saved and who have not been
fully initiated into the Catholic Church.21 Here we have to notice that the same fathers
who declare the normative necessity of being Catholic also declare the possibility of
salvation for some who are not Catholics. However according to the fathers for those
who knowingly and deliberately commit the sins of Heresy and schism, no salvation
16 Wolfgang Beinert, and Francis Schǜssler Fiorenza, Handbook of Catholic Theology (New York: The
Crossroad Publishing Company, 1995), 731. 17 Everett F. Harrison, Bakers Dictionary of Theology (Michigan: Bakers Book House, 1960), 474. 18 Wolfgang Beinert, and Francis Schǜssler Fiorenza, Handbook of Catholic Theology, 649. 19 Everett F. Harrison, Bakers Dictionary of Theology, 155. 20 CCC 846. 21 CCC 847.
38
would be possible until they repented and returned to catholic unity.22 This is what
some of the fathers had to say with regard to communion with those separated from
the Catholic Unity.
2.4.2.1. Letter of St. Ignatius of Antioch to Philadelphians (110 AD)
The earliest Christian writer to have a concept of schism was St. Ignatius of Antioch.
For Ignatius a schismatic is someone who separates himself from the local Bishop and
raises up an altar against the altar of Bishops Eucharist.23 This is what St. Ignatius had
to say regarding communicating with the Schismatics:
Be not deceived, my brethren: If anyone follows a maker of schism [i.e., is a schismatic], he
does not inherit the kingdom of God; if anyone walks in strange doctrine [i.e., is a heretic], he
has no part in the passion [of Christ]. Take care, then, to use one Eucharist, so that whatever
you do, you do according to God: For there is one flesh of our Lord Jesus Christ, and one cup
in the union of his blood; one altar, as there is one Bishop, with the presbytery and my fellow
servants, the deacons(Letter to the Philadelphians 3:3–4:1).24
2.4.2.2. St. Irenaeus (140 - 202 AD)
Irenaeus was the first consciously literary theologian of the Christian Church. He took
the trouble to explore the teachings and origins of each individual sect, which only
increased the impression of confusion and intricate fantasy.25 His only work remaining
to us is Adversus haereses. Irenaeus writes principally against the Gnostics, using the
apostolic tradition as one of the principal polemical weapons. However his principle
point is that the rule of faith is to be found in the teaching of the Apostles, as preserved
in its integrity by the Church.26
When therefore, we have such proofs, it is not necessary to seek among others the truth which
is easily obtained from the Church. For the Apostles, like a rich man in a bank, deposited with
her most copiously everything which pertains to the truth; and everyone whosoever wishes
draws from her the drink of life. For she is the entrance to life while all the rest are thieves and
robbers (Ad Haeresies 3:4-1).27
22 Hubertus R. Drobner, The Fathers of the Church: A Comprehensive Introduction (USA: Hendrickson
Publishers, 2007), 104. 23 Aidan Nichols, Rome and the Eastern Churches: A Study on Schism, 31. 24 Jack N. Sparks, The Apostolic Fathers (Minneapolis: Light and Life Publishing Company, 1978),
105. 25 Hans Von Campenhausen, The Fathers of the Church (Massachusetts: Hendrikson Publishers, 2000),
20. 26 Joseph Thekkedath, Patrology (Bangalore: Kristu Jyothi Publications, 2008), 20. 27 William A. Jurgens, The Faith of the Early Father, vol. 1 (Bangalore: TPI, 2005), 90-91.
39
2.4.2.3. St. Cyprian (200-258 AD)
St. Cyprian famously coined the phrase “Extra ecclesia nulla salus”. According to
Cyprian Schisms and heresies are even more dangerous than persecutions.28 Therefore
Cyprian’s position is very clear-cut. If anyone-layman, presbyter, or Bishop-break the
Unitatis sacramentum, this “mystery of unity”, he ceases to share in the reality of the
Church. The Sacraments he receives or celebrates outside the visible unity are null and
void. And because the sacraments express and realise the life of the Church, he is
ecclesially dead.29
For although the ones who were the first to depart has been ordained by the Fathers and with
the imposition of their hands they had obtained the gracious gift of the Spirit, yet after breaking
away they became laymen, and had no authority either to baptize or to ordain anyone, nor
could they impart the grace of the Spirit to others, after they themselves has forfeited it.
Wherefore they base that those baptized by them should be regarded as baptized by laymen,
and that when they came to join the Church they should have to be repurified by the true
baptism as prescribed by the Church (Letter of Cyprian in Council to Januarius 70:1).30
2.4.2.4. The Didascalia Apostolorum (380 AD)
This is not a liturgical book, but a primitive “canonical” work of the third century,
written probably in Syria. It is by no means an original work and has its sources in the
Didache and the Pastor of Hermas. This book has come down to us today as a pastoral
handbook for the Bishops, exhorting them to take care for the flock, in terms faithful
to the tradition, but also with charity. The Didascalia, consciously attacks rigorist
elements within the Church and proposes a reasonable approach for dealing with the
Church’s imperfect members. The author is concerned with Gnostics.31 Concerning
the heretics, the author says:
But as for heresies, be unwilling even to hear their names and do not defile your ears with
them; for not only do they in no wise glorify God, but they verily blaspheme against Him.
Wherefore, the heathens are judged because they have not known, but the heretics are
condemned because they withstand God.32
28 Joseph Thekkedath, Patrology, 37. 29 Aidan Nichols, Rome and the Eastern Churches: A Study in Schism, 33. 30 Maurice Bévenot, Cyprian: De Lapsis and de Ecclesiae Catholicae Unitate (Oxford: Clarendon Press,
1971), 97. 31 Hein K, Eucharist and Excommunication (Frankfurt: Bern and Frankfurt, 1975), 364. 32 William A. Jurgens, The Faith of the Fathers, vol.2, 420.
40
2.4.2.5. St. Augustine (354-430 AD)
St. Augustine held the contemporary view that outside the Catholic Church there is no
salvation. St. Augustine basically dealt with the Manicheans and the Donatists. St.
Augustine believed that the Donatist’ are outside the Church as formal Schismatics
and hence forbade any kind of communication with them. He also forbade them to
administer any sacraments to those inside the Church.33
And to this day they (Donatists) administer baptism outside of the communion of the Church,
and, if they can, they rebaptize the members of the Church: they offer sacrifice in discord and
schism… The unity of Christ is rent asunder, the heritage of Christ is reproached, and the
baptism of Christ is treated with contempt…34
2.4.3. The Sacred Canons
When we speak of communion between or among humans we are speaking of a
process which involves conflict, reconciliation and risk. When we speak of
communion between members of churches or between churches, exactly the same
dynamics are present.35 By the middle of fourth century Christianity reached imperial
courts. This period is also marked by a number of divisions which really arose from
differences in doctrine: The Arians, the Macedonians, the Apollinarians, the
Monophysites, and the Nestorians etc. Endless efforts were also made for the
restoration of unity. The most powerful means which the Church in the Roman Empire
sought to recover its own unity were the ecumenical councils.36 All these councils
dealt with the dissenters and hence can shed important light on the attitude of the
Church towards these lapsed Christian.
2.4.3.1. The First Council of Nicea (325AD)
This council was centered on the teachings of Arius, who was a popular preacher and
parish priest in the city of Alexandria, regarding the divinity of Son of God.37 In this
33 Matthew Levering, The Theology of Augustine: An Introductory Guide to His Most Important Works
(Michigan: Baker Academy, 2013), 45. 34 William A. Jurgens, The Faith of the Fathers, vol.1, 220. 35 Nicholas Sagovsky, Ecumenism, Christian Origins and the Practice of Communion, 206. 36 Stephen Charles Neill, “Division and the Search for Unity Prior to the Reformation,” in Ruth Rouse
and Stephen Charles Neill, eds., An History of the Ecumenical Movement: 1517-1949 (London:
Fletcher& Ltd, 1967), 11. 37 Norman P. Tanner, The Councils of the Church: A Short History (New York: The Crossroad
Publishing Company, 2001), 21.
41
council one canon is dedicated solely regarding the administration of sacraments of
reconciliation to the lapsed, who are at the point of death.38
c. 13: As to those who are departing from this life, the old canonical law is now to be kept:
anyone about to die should not be deprived of the ultimate and most necessary viaticum. If,
after having been reconciled and received again into the fellowship, one should recover one’s
health; such a one should be placed in the ranks of those who share only in the communion of
prayer. In general, to anyone who is departing from this life and asks to partake of the Eucharist
the Bishop after investigation should grant it.39
2.4.3.2. The Council of Chalcedon (451 AD)
By the time of the Council of Chalcedon, we have the first groups segregating from
the Catholic Communion, whom we call the Oriental Churches. This is what the
council had to say regarding the heretics and schismatics.
c. 14: Since in certain provinces it is permitted to the readers and singers to marry, the Holy
Synod has decreed that it shall not be lawful for any of them to take a wife that is heterodox.
But those who have already begotten children of such a marriage, if they have already had their
children baptized among the heretics, must bring them into the communion of the Catholic
Church; but if they have not had them baptized, they may not hereafter baptize them among
heretics, nor give them in marriage to a heretic, or a Jew, or a heathen, unless the person
marrying the orthodox child shall promise to come over to the orthodox faith.40
2.4.3.3. The Council of Trullo (692 AD)
The council of Trullo or the Quinisext council has dedicated one canon, that is, c. 95,
which speaks about the readmission of the heretics of the heretics into the Church.
c. 95: The following classes of heretics may be readmitted to the Church without rebaptism as
long as they present their certificates and anathematize every heresy….But concerning the
Paulianists it has been determined by the Catholic Church that they shall by all means be
rebaptized…41
This canon however shows no concern about sharing the sacraments with the heretics
or schismatics.
38 J. Neuner and J. Dupuis, “Reconciliation and the Anointing of the Sick,” in Jacques Dupuis, ed., The
Christian Faith (Bangalore: Theological Publications in India, 2008), 657. 39 Norman P. Tanner, The Councils of the Church: A Short History, 24. 40 New Advent, The Council of Chalcedon, http://www.newadvent.org/fathers/3811.htm (accessed on
18/03/2015). 41 Spyros N. Troianos, “The Canons of the Council of Trullo in the Novels of Emperor Leo VI,” in
George Nedungatt and Michael Featherstone, eds., The Council of Trullo Revisited, Kanonika 6
(Roma: Pontificio Istituto Orientale, 1995), 174.
42
2.4.4. The Decree of Gratian (c. 1150)
With the twelfth century a series of Decretals began to appear in ecclesiastical law.
The first to appear were the Decretals of Gratian.42 In his Decretum (c. 1150), Gratian
purported to reconcile the many inconsistencies on the canons of different age and
authorship on the same subject.43 His compilation served as a pattern for subsequent
Decretals. In these Decretals, the question of communicatio was dealt with under the
ecclesiastical censure of excommunication. During this period the law concerning
association with non-Catholics, especially with heretics, was very severe, and at times
unbearable. Many of the faithful because of their intercourse with excommunicated
persons incurred minor excommunication and were thus deprived of certain benefits
of the Church.44
2.4.5. Flexibility in the Middle Ages
In the middle Ages we have the problem was of practical importance. In those regions
that were under Latin rule: the crusade cities, the Latin Empire of Constantinople, the
Venetian possessions, the Island of Cyprus etc., there were also many Greeks. Some
of these were considered as Catholics if their Bishop had sworn obedience to the
pope.45 However, in these regions there were also Monophysites and Nestorians, who
were without doubt considered heretics. Thus there were some contacts with the non-
Catholics and thus the question of how far this contact could go about sprang into
being. The attitude of the popes in front of this situation was basically negative, it was
an attitude based on their strict condemnation for schism. 46 Now we will make a brief
excurses on how various popes of this era dealt with this concrete problem from the
various responses they gave to the missionaries:
42 Anders Winroth, The Making of Gratian’s Decretum (United Kingdom: Cambridge University Press,
2000), 8. 43 Kenneth Pennington, Studies in Medieval and Early Modern Canon Law (Washington D.C.: The
Catholic University Press, 1993), x-xii. 44 John A. Prah, Communication of Non-Catholics in Catholic Religious Rites (A Doctoral Dissertation,
The Catholic University Of America, 1956), 44. 45 Willem De Vries, “Communicatio in Sacris: An Historical Study of the Problem of Liturgical Services
in Common with Eastern Christians Separated from Rome,” Concilium: An International Review of
Theology, vol. 4 (April 1965), 12. 46 Leo W. Cushley, “Eucharistic Communication in Sacris: The Present Legislation in the Light of
Juridical and Historical Precedents,” (Excerpt from Doctoral Dissertation., Pontificiae Universitatis
Gregorianae, 1997), 67-68.
43
2.4.5.1. Pope Innocent IV (1243-1254)
In 1244 the Pope Innocent IV allowed the Dominicans ministering to the separated
Christian Jacobites and Nestorian communities to share the Eucharist with them.
However this practice was tolerated because of the demanding situation but the pope
did determine that harm was done to the faith of the Church.47 In a letter dated 21 July
1950 to Bishop Tusculanus, the same pope tolerated it for the good of the souls.48 The
same pope who learned that Catholics were taking their children for Baptism to
Schismatic Greek clergy, and were receiving the sacraments from them condemned
the practice, because of the possible “damage to the faith of the Church.”49
2.4.5.2. Letter of Pope John XXII to the Patriarch of Constantinople 50
John XXII, in a letter of 1 October 1322, to the Latin Patriarch of Constantinople,
condemned a practice prevalent in Achaia. Latin Catholics were going to the
schismatics' mass and were there receiving the sacraments and in turn they were
admitting non- Catholics to the services in the Catholic churches. This involved danger
to souls, the divine majesty was offended and considerable harm was done to the
Christian religion. Therefore, under threat of ecclesiastical penalties, this practice was
to be strictly forbidden.51
2.4.5.3. Clement VI (1342-1352)
On the other hand pope Clement VI in a rescript dated 18 August 1346,52 allowed
Armenian priests who had returned to full communion to give the sacraments to those,
not in full communion with the Catholic Church, in order to lead them back to the
Church.53
47 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” ACR Daily, vol.4 (July 2007), 291, http//:
www.gsc.ac.nz/resources (accessed on 24/09/2014). 48 Acta Innocentii PP. IV, Fontes Series III, vol. 4, no. 74 (Romae, 1962), 130. 49 Acta Innocentii PP.IV, Fontes Series III, vol. 4, no. 87 (Romae, 1962), 149. 50 Acta Ioannis XXII, Fontes Series III, vol. 7, no. 63 (Vatican, 1951), 120. 51 Leo W. Cushley, “Eucharistic Communication in Sacris: The Present Legislation in the Light of
Juridical and Historical Precedents,” 68. 52 Acta Clementis PP., Fontes Series III, vol. 9, no. 38 (Vatican, 1960), 150. 53 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 291.
44
2.4.5.4. Urban V (1362-1370)
Urban V required under threat of excommunication that the Archbishop of Cyprus
roots out all the abuses. The same pope forbade a converted Greek priest in Crete to
continue to celebrate the liturgy with the schismatics. One would be immediately
excommunicated for doing this.54
2.4.5.5. Martin V (1417-1431) 55
Martin V, by the controversial indult Ad evitanda scandala, allowed the practice
amongst the German nation, of the sharing of the Eucharist with the excommunicated,
provided that individuals had not been publicly and explicitly excommunicated by
name.56 The indult was an attempt towards the weaker excommunicated souls who
would have found it a burden to remain without the sacraments by making them
approach the life of worship in the Church.57 The indult initially did not speak about
the heretics and the schismatics, but the latter part of the document makes it clear that
they were also to be included.58
2.4.6. The Counter-Reformation Era
The Reformation of the sixteenth century shattered the unity that western Christendom
had enjoyed, and introduced divisions which were graver than before.59 During this
period, the Holy See’s position on this problem underwent basic change. The Holy See
was now no longer ready to grant general concessions, but only much more precisely
defined and greatly restricted permissions for specific cases. The question became a
burning one after the establishment of the Congregation for the Propagation of the
Faith. Latin religious in large number were sent to the Near East to win back the
separated Eastern Christians for the Catholic Church. The documents of the Apostolic
See generally opposed sharing the Eucharist with non-Catholics. However, the
documents never stated that liturgical services in common with non-Catholics were
54 Acta Urbani PP. V., Fontes Series III, vol. 11, no. 152 (Vatican, 1964), 252. 55 Acta Martini PP. V., Fontes Series III, vol. 14, no. 164 (Romae, 1980), 320. 56 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 291. 57 Leo W. Cushley, “Eucharistic Communication in Sacris: The Present Legislation in the Light of
Juridical and Historical Precedents,” 78. 58 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 291. 59 Stephen Charles Neill, “Division and the Search for Unity Prior to the Reformation,” 23.
45
wrong in all circumstances. This negative stand of the Holy See was an expression of
the spirit of the age. The ultimate reason was that the liturgical services of non-
Catholics were considered illegitimate. To take part in the liturgical services of the
separated Christians would mean that, one recognized the priests of the separated
communities as legitimate ministers of the sacraments.60 Among the decrees issued by
the Congregation in this period two of them can shed light on this matter.
2.4.6.1. The Decree of the Propaganda Fide (5 July 1729)
In 1725 a Jesuit Claude Sicard, with a view to defend common liturgical services,
published a brochure in which he declared that in itself it was good to participate in
the liturgy and sacraments of separated Eastern Christians and showed that thus far the
Holy See had issued no general prohibitions. He concluded his discussion with the
following: “If the door or heaven is narrow, then our severity ought not to make it
narrower”.61 Because of such kind of misleading ideas the Holy See finally put an
absolute prohibition of any kind of liturgical services in common with non-Catholics
because it had the tendency to endanger the faith, give scandal and promote religious
indifference.62
2.4.6.2. A Decree of the Holy Office (22 June 1859)
This decree stated why one ought not to take part in the liturgical services of the
heretics: liturgical rites are by their very nature a sign of ecclesiastical community, and
thus one ought not to celebrate them with heretics and schismatics, who stand outside
this community. In a general way this decree sums up why non-Catholics are forbidden
to take an active part in our worship:63
Communication with heretics is possible either in condemned doctrine or in sacred things
authorized by false sects with scandal to the faithful. The Church therefore condemns
communion with them lest faith either be lost altogether or seriously endangered. Hence St.
John the Evangelist severely commands: If anyone comes to you and does not profess this
60 Willem De Vries, “Communicatio in Sacris: An Historical Study of the Problem of Liturgical Services
in Common with Eastern Christians Separated from Rome,” 15-17. 61 Spasiisocrani, “Communication in Sacris-Eastern Heretics,” Fish Eaters Traditional Catholic Forum
(25 September 2006), 1, http:// http://www.fisheaters.com/forums/index.php (accessed on
27/09/2014). 62 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 291-292. 63 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 292.
46
doctrine, do not receive him in your home and do not say “Welcome” to him, for he who says
“Welcome” shares in their evil works.64
2.4.7. The 1917 Code of Canon Law
Since the Reformation the institutional model prevailed in the Catholic Church.
According to this view the Church of Christ was completely identified with the Roman
Catholic Church.65 It was understood as a guardian and conserver of revelation.66 The
Church was considered as a perfect society. The Church was practically identified with
the governing body or hierarchy and no salvation was possible outside the Catholic
Church. Because of this attitude it was not possible to recognise even some ecclesial
elements in the Orthodox Churches and ecclesial communities. There was no room for
sacramental sharing as their sacraments were considered invalid and illicit.67 The only
way for them to sacramental life was to reject their errors and come back to the
Church.68 This idea is made explicit in the c. 731 §2 of the Code. 69
It is forbidden that the Sacraments of the Church be ministered to heretics and schismatics,
even if they ask for them and are in good faith, unless beforehand, rejecting their errors, they
are reconciled with the Church. 70
Based on this, c. 765, 2º forbade the non-Catholics from acting as sponsors in
Baptism;71 c. 795, 2º forbade the same for confirmation.72 However the later theories
proposed milder things to those who relapsed into heresy and then repented; these were
not to be denied penance and the Eucharist.73 The Holy Office on 29 October 1941
published norms concerning sacraments and Ecclesiastical burial for Schismatics.
Following were its contents:
64 John A. Prah, Communication of Non-Catholics in Catholic Religious Rites, 53. 65 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” Studies in Church Law, vol. 4 (Jan-Dec 2008), 186. 66 Avery Dulles, The Models of the Church: A Critical Assessment of the Church in all its Aspects (New
York: Doubleday And Company, 1974), 167. 67 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 186. 68 Leo W. Cushley, “Eucharistic Communication in Sacris: The Present Legislation in the Light of
Juridical and Historical Precedents,” 79. 69 Edward N. Peters, The 1917 Pio-Benedictine Code of Canon Law (San Francisco: Ignatius Press,
2001), 273. 70 Vetitum est sacramenta ecclesiae ministrare haereticis aut schismaticis, etiam bona fide errantibus
eaque petentibus, nisi prius, erroribus reiectis, ecclesiae reconciliati fuerint. 71 Edward N. Peters, The 1917 Pio-Benedictine Code of Canon Law, 282. 72 Edward N. Peters, The 1917 Pio-Benedictine Code of Canon Law, 289. 73 P. Chas Augustine, A Commentary on the New Code of Canon Law (London: B. Herder Book Co,
1925), 22.
47
i) It is forbidden to administer the sacraments of the Church to schismatics, even if they are in
good faith and ask for them, unless they have previously rejected their errors and been
reconciled to the Church. Even when they are in danger of death, it is required that, at least
implicitly they reject their errors as far as this can be done (considering the circumstances and
persons), and make a profession of faith.
ii) To those who are in good faith and already deprived of consciousness, the sacraments may be
administered conditionally, especially if there is a reasonable ground to conjecture that they
have at least implicitly rejected their errors.74
The Code however, gave certain exceptions they were rare, cautious and directed to
individual Orientals (schismatics), never Protestants (heretics). Canon 1258 §§1, 2 of
the 1917 Code, expressly forbade the Catholics to take an active part in non-Catholic
services and allowed a passive presence at them under certain conditions
§1 It is not licit for the faithful by any manner to assist actively or to have a part in the sacred
rites of non-Catholics.
§2 Passive or merely material presence can be tolerated for the sake of honor or civil office,
for grave reason approved by the Bishop in case of doubt, at the funerals, weddings, and similar
solemnities of non-Catholics, provided danger of perversion and scandal is absent.75
2.4.8. The Encyclical Mystici Corporis (1943)
Pope Pius XII issued the encyclical letter, Mystici corporis Christi on 29 June1943.76
In this encyclical the Pope stated that the true Church of Jesus Christ was the Catholic
Church and identified this Church as the mystical body of Christ. The encyclical
pointed out that those who were: i) baptised; ii) professed the faith in its fullness;
iii) were in union with the hierarchy and faithful, were really the members of the
Church.77 It was recognised for the first time that a baptised non-Catholic had a
relationship to the Church and was an imperfect member. The encyclical spoke of the
possibility of being ordered to the Church by an unconscious desire and intention.78
This consideration of membership in the Church from the point of view of the
profession of the faith in its fullness was a major development in the history of the
Church.79
74 T. Lincoln Bouscaren, Canon Law Digest, vol. 3 (Milwaukee: The Bruce Publishing Company, 1953),
299-300. 75 Edward N. Peters, The 1917 Pio-Benedictine Code of Canon Law, 450. 76 Pius XII, Encyclical Mystici Corporis Christi, 29 June 1943, AAS 35 (1943), 193-248. 77 MC 12-14. 78 MC 24. 79 Brendan Daly, “The Stance of the Catholic Church on Sharing Eucharist with the Baptised Non-
Catholics such as Anglicans and Presbyterians,” 293.
48
2.4.9. The Second Vatican Council (1962-1965)
The Second Vatican Council undoubtedly constitutes the greatest reform operation
ever carried out in the Church, not only in view of the number of Council Fathers,
unanimity of voting,80 but above all in view of the vast scope of the subjects treated.
The Council treated with a lot of importance the subject of unity.81 The Secretariat for
promoting Christian Unity which was handed over this task took its way under the able
leadership of Cardinal Bea,82 who went on to set up fist ten and later fifteen sub-
committees on a wide group of theological and practical themes in order to give an
ecumenical dimension to the coming council.83. A distinction was made between the
immediate aim of the ecumenical movement i.e. the separated Christians should live a
better life, from the ultimate aim of the ecumenical movement i.e. the restoration of
Christianity unity. Almost two hundred and ninety-nine proposals were made on the
theme of ecumenism one of which included the question of communicatio in sacris.84
2.4.9.1. Orientalium Ecclesiarum (21 November 1964)
As soon as Pope John XIII announced the Second Vatican Council, the commissio
ante-praeparatoria sent a message to all the future council fathers, as well as the
Roman Congregations and Catholic faculties, asking them for suggestions. The pope
had four themes in mind one of which was communicatio in sacris. At the end of 1961
the Schema propositum de communicatio in sacris elaborated four articles for the
Oriental Churches explicitly regarding communicatio in sacris. The first article of the
schema sanctioned the impossibility to administer formally the sacraments to the
heretics and schismatics. The second article spoke of passive communicatio in sacris
that is the possibility of administering the sacraments in the Catholic Church to the
non-Catholic Orientals. The third article was dedicated to passive communicatio in
80 2540 Fathers at the beginning compared to 750 at the First Vatican council and 258 at the Council of
Trent, only five negative votes out of a total of 2, 350 on the Constitution on the Church. 81 Werner Becker, “Decree on Ecumenism: History of the Decree,” 2. 82 He was assisted by the Secretary of the Secretariat, Mgr. J.G.M. Willebrands, who had been the
director of the “Catholic Conference for Ecumenical Questions” since 1952. 83 Werner Becker, “Decree on Ecumenism: History of the Decree,” 3. 84 Werner Becker, “Decree on Ecumenism: History of the Decree,” 5.
49
sacris. The remaining part of the extra-sacramental communicatio in sacris was
continued in two articles.85
The schema presented also the motives for which the Church wants to mitigate the
discipline regarding communicatio in sacris.The first reason was seen in the fact that
the Orientals were in good faith. The other reason of the action of the Church in this
field reported by the schema was the salvation of souls. The spiritual good could be:
i) extreme necessity of death. ii) Absence of a non-Catholic minister. Finally, what
was emphasized is the importance of the reason of mutual love among Christians.The
schema that we presented was part of 11 schemi, drafted by Central Preparatory
Commission, containing the problems regarding the Easterners and sent to the Fathers
at the beginning of 1962. In the first session the fathers discussed and approved only
one schema which did not provide parts dedicated to communicatio in sacris.86
On 15 October 1962, the new schema decreti de ecclesiis orientalibus was presented
for discussion along with 10 other schemi. The text of this schema dealt with problems
relating to the communicatio in sacris which was not touched in the previous schema.
The schema clearly expresses the reasons that make communicatio in sacris illicit by
divine right, and among these are listed explicitly indifference and scandal. It also
highlighted the fact that the communicatio in sacris can be detrimental to the unity of
the Church. Finally the Decree Orientalium ecclesiarum was published on 21
November 1964.87
2.4.9.2. Unitatis Redintegratio (21 November 1964)
As seen earlier the canon 1258 of the 1917 Code had made a clear distinction between
active and passive communicatio in sacris. However discrepancy was created by this
canon 1258 use of the word ‘non-Catholic’ because a clear distinction between
Western Protestants and Eastern Orthodox has not yet been established. 88
85 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico del 1983 (Excerpt from Doctoral Dissertation., Pontificia Universitate Lateranensi,
1991), 26-28. 86 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico del 1983, 29 . 87 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico Del 1983, 29-30. 88 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” in
Alberic Stacpoole, Vatican II Revisited: By Those who were There (Minnesota: Winston Press,
1986), 203.
50
The question of communicatio in sacris was raised for the first time during the session
of 14-15 November 1960, in the Secretariat.89 The purpose was to put an end to the
restrictions of canon 1258 regarding communicatio in sacris. After much discussions
and debates, the statement on communicatio in sacris, dated 21 February 1961, was
put into Latin and came out in the following form:
The principle which prohibits communication in sacris could be retained so that its application
be flexible. For separated Christians, even with the best dispositions, do not easily understand
that Catholics will not pray with them. It is obvious that actual participation in some celebration
of the supper in which the Church does not recognize the real presence of Christ cannot be
permitted; but where the Church recognizes this real presence, that is, among the Orthodox, it
would be desirable that Catholics, under conditions to be determined, could somehow
participate in liturgical ceremonies. With Western separated Christians, that is, Anglicans and
Protestants, it would be good if some participation were allowed, for valid reasons and without
scandal, in non-Eucharistic services, when the prayers contain non explicit heresy, especially
when these services take place outside a religious building. 90
In order to appreciate the early orientations of the Secretariat of Unity towards a
revision of the law concerning communicatio in sacris, one should remember that, at
the very same time, the theological commission for the council was working at its
projected constitution de Ecclesia. 91 Section 54 of this project was entitled, de
communione in sacris liturgies and was a strict interpretation of canon 1258. The text
ended with the paragraph which was due to have an influence on the decree on
ecumenism which stated that, “By no means is it licit to consider true communicatio
in sacris as a means to be used universally which could lead to a renewed unity of all
Christians in the one Church of Christ.”92 Later on at another meeting, one of the
members of the periti stated:
The Idea is simple; the problem is how to express it properly. There are two principles
involved. The liturgy is an expression of unity. But is also a means of grace. As an expression
of unity, it presupposes oneness. As a means of grace, it brings it about...93
A few words were changed in it. And this became the statement of the decree on the
ecumenism concerning communicatio in sacris. It emphasized the importance of
89 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 204. 90 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 206. 91 Sebastian Chukwuma Anokwulu, The Ecumenical Imperative and Formation of Ecumenical
Consciousness Among Pastoral Workers (United States of America: Trafford Publishing, 2013), 28. 92 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 209-
210. 93 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 211.
51
prayer for the unity of Christians combined with the spirit of repentance in the heart.
Prayer in common was not merely “allowable” but wholly “desirable”.94
2.4.10. The Ecumenical Directory 1967
In the years which followed the Secretariat for Christian Unity issued a series of
instructions which confirmed its understanding on communication in sacris. On 14
May 1967, the Secretariat for Christian Unity over the signature of Cardinal Bea and
Bishop Willebrands and after the approval of Pope Paul VI in an audience of 28 April
1967, issued an official text with the heading “Directory for implementing the Decrees
promulgated by the Second Vatican Council, which began with the words ‘Ad totam
Ecclesiam’.95
The Ecumenical Directory of 1967 96 is divided into four parts and the fourth part of
the directory differs radically from the canons of the Code of Canon Law of 1917,
concerning sharing of the spiritual things with non-Catholics. This section speaks of
communicatio in sacris and communicatio in spiritualibus. While the former refers to
the sharing in the spiritual heritage which Christians have in common and in a manner
and to a degree that’s is permissible in their present divided state. The latter refers to
‘all prayers offered in common, common use of sacred places and objects.’ (Sec 29,
30).97 The former, is a specific type of communicatio in spiritualibus, which concerns
the sharing in the official liturgical worship 98 or in the sacraments of another church
or ecclesial community and the sharing in these matters is more restricted.99 Therefore
we can say that according to the Directory, communication in sacris is a species
included in the genus of communicatio in spiritualibus, which is a wider concept.100
The same Directory puts forward certain guidelines for sacramental sharing. The
reason behind this is the same as stated earlier, that those who have been baptized are
94 UR 8. 95 T. Lincoln Bouscaren and James I. O’Connor, The Canon Law Digest: Officially Published
Documents Affecting the Code of Canon Law 1963-1967, vol. 6 (New York: The Bruce Publishing
Company, 1994), 716. 96 Secretariat for Promoting Christian Unity (SPCU), Ecumenical Directory Ad Totam Ecclesiam, 14
May 1967, AAS 59 (1967), 574-592. 97 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 215. 98 By “Liturgical worship” is meant worship carried out according to the books, prescriptions or customs
of a church or community, celebrated by a minister or delegate of such church or community, in his
capacity as minister of the community. 99 George H. Tavard, “Praying Together: Communicatio in Sacris in the Decree on Ecumenism,” 215. 100 Werner Becker, “Decree on Ecumenism: History of the Decree,” 106.
52
incorporated into Christ. Thus the various degrees of communion among Christians
can be expressed, including sharing in prayer and liturgical worship.101 Let us look at
some of these guidelines.
2.4.10.1. Sharing of Liturgical Worship With the Separated Eastern Brothers
The Eastern Churches are joined to the Catholic Church in closest intimacy through
the possession of apostolic succession and subsequently the priesthood and the
Eucharist. All this offers ecclesiological and sacramental grounds for allowing and
encouraging some sharing in liturgical worship even Eucharist with these churches,
looking at the circumstances and the approval of the church authority.102 Keeping all
these things in mind the decree stipulates that the norms governing this sharing set out
in the decree on Oriental Catholic Churches (nn. 26-29) which should be observed
diligently103 and after satisfactory consultations between the Catholic authority (local
one, the synod or the episcopal conference) and the competent authorities (at least local
ones) of the separated Oriental Church.104
Two are the causes which encourage sharing of the sacraments: i) Just Cause;105
ii) Absence of confessors.106 Besides this the Directory also foresees certain
circumstances favouring the sharing of sacraments like: i) It is permissible for a
member of separated Oriental Church to act as godparent, together with the Catholic
godparent, at the Baptism of a Catholic infant or an adult and vice versa.107 ii) Use of
the Catholic Churches, buildings and cemeteries and other necessary religious rites by
Oriental priests with the permission of the Local Ordinary.108
2.4.10.2. Sharing in Liturgical Worship with the Separated Brethren of the West
The Directory entered into more details for the Christian communities with which we
do not have the ecclesiological and sacramental basis.109 This is how it formulates the
101 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” Iustitia, vol. 2, no. 1 (June 2011), 135. 102 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 130. 103 DE/1967 41. 104 DE/1967 42. 105 DE/1967 44. 106 DE/1967 46. 107 DE/1967 48. 108 DE/1967 52. 109 James I. O’Connor, The Canon Law Digest: Officially Published Documents Affecting the Code of
Canon Law 1968-1972, vol. 7 (Chicago: Chicago Province, 1974), 798.
53
norms after having given the doctrinal justification: “Celebration of the sacraments is
an action of the celebrating community, carried out within the community, signifying
the oneness of faith, worship and life of the community. Where this unity of
sacramental faith is deficient, the participation of the separated brethren with Catholics
especially in the sacraments of the Eucharist, Penance, and Anointing of the sick, is
forbidden. However since the sacraments are also a source of grace, the Church can
for adequate reasons allow access to these sacraments to a separated brother.” 110
According to the Directory the causes which favour communicatio in sacris are:
i) The danger of death, where in the brother of the separated ecclesial community has
no access to a minister of his own. In this situation if there is a spontaneous request on
his/her part and a declaration of faith in these sacraments, it is permitted.111 ii) The
other cases of urgent necessity (persecution/imprisonment). The same cannot be
demanded by a catholic from a minister of ecclesial community. 112
Besides this the Directory allows communicatio in spiritualibus in situations like:
i) During the Baptism of a Catholic child he/she can act as an witness of the Baptism
together with a Catholic godparent for the reasons of friendship, blood relationships
etc.113 ii) The brother of the separated ecclesial community can also act as a witness at
a Catholic marriage.114 iii) Both the Catholics and the separated brethren can
occasionally attend the liturgical services of each other without the reception of
Eucharist.115
2.4.11. Documents on the Ecumenical Directory
In addition to the Ecumenical Directory, the SPCU issued a couple of documents
concerning the proper implementation of the Directory. On 1 June 1972 the SPCU
published an instruction116 in answer to the question: “In what circumstances and on
what conditions can the non-Catholic brethren be admitted to the Eucharistic
110 DE/1967 55. 111 DE/1967 55. 112 DE/1967 55. 113 DE/1967 58. 114 DE/1967 58. 115 DE/1967 59. 116 Secretariat for Promoting Christian Unity, Instruction on Admitting other Christians to Eucharistic
Communion in the Catholic Church under Certain Circumstances In Quibus rerum Circumstantiis,
1 June 1972, AAS 64 (1972), 518-525.
54
communion with the Catholic Church?” This purpose of this Document was not to
change the existing rules but to explain them and make their application easier.117
Various interpretations started coming up after the publication of the above said
Instruction. So much so there was a complete departure from the letter and spirit of the
document. In order to prevent such misinterpretations, on 17 October 1973 the SPCU
again published a note,118 making certain specifications and clarifying certain
controversial points.119
Based on the doctrine of the Second Vatican Council and all the subsequent
documents, both the Codes of Canon Law i.e. CIC 1983 in canon 844 and CCEO 1990
in canon 671 summarised the main norms for sacramental sharing between the
Catholics and other Christians.120
2.5. CIC 1983
During the homily at the mass at Bellahouston Park, Glasgow, on 1 June 1982 Pope
John Paul II said: “Never before in recent years has the teaching of the Catholic Church
been so extensively reformulated, precisely with the issues that trouble the modern
conscience in mind.” These words of the Pope bear testimony of the truth which came
into force at the Second Vatican Council. 121 The Council with her reforms and post-
conciliar legislations which we have examined already introduced a lot of changes in
the discipline on communicatio in sacris.122 It totally modified the legislations of CIC
1917 and created totally new canons on this matter.123 On 25 January 1983, with the
promulgation of the new Code of Canon Law, we have a totally new canon 844, which
117 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 198. 118 Secretariat for Promoting Christian Unity, Note Interpreting the ‘Instruction on Admitting other
Christians to Eucharistic Communion in the Catholic Church under Certain Circumstances Nota sul
Alcune, 17 October 1973, AAS 65 (1973), 616-619. 119 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 198. 120 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 199. 121 Thomas Pazhayampallil, Pastoral Guide: Sacraments and Bioethics, vol. 2 (Bangalore: Kristu Jyothi
Publications, 2004), iii. 122 Luigi Chiappetta, Prontuario: Di Diritto Canonico e Concordatario (Roma: Edizioni Dehoniane,
1994), 263. 123 Carlo R. M. Redaelli, “The Adoption of the Principle of Codification: Ecclesiological Significance
with Special Reference to Reception,” in Hervé Legrand, et.al. (eds.) Reception and Communion
among Churches (Washington D.C.: Canon Law Department, 1997), 263.
55
presented new juridical norms on communicatio in sacris.124 In this particular section
we will explore the nuances of communicatio in sacris contained in canon 844 of CIC
1983, starting with the Iter of canon 844.
2.5.1. The Iter of Canon 844
Pope John XXIII while announcing the reform of the Code of Canon Law on 25
January 1959 also announced the Second Vatican Council and the Synod of Rome.
According to the Pope the Second Vatican Council would serve as an initiatory stage
for the reform of the Code. Bearing this in mind the Pontifical Commission for the
revision of the Code was constituted on 28 March 1963, which began its work after
the conclusion of the Council.125 In the reform of the Code the problem of
communicatio in sacris was divided between the coetus studiorum de sacramentis and
De locis et temporibus sacris deque cutlu divino.126
Cardinal Felici on February 2, 1975 sent to different consultative bodies like the
episcopal conferences, Roman dicasteries, Catholic universities and the Union of
General Superiors. According to the schema, the general norms on sacraments were
supposed to be in par with the 1917 code with the exception of canon 731 §2, which
contained a vetitum for heretics, schismatics and even for those in good faith. The
reason for this change was in the light of all the conciliar and post-conciliar
documents.127
The norms in the schema were divided into five paragraphs. The first paragraph was
the general norm which stated that the Catholic ministers may licitly administer the
sacraments only to the Catholic faithful and vice versa. The second paragraph spoke
of two circumstances where one can licitly receive the sacraments of Penance, the
Eucharist and the Anointing of the sick from a non-Catholic minister in whose Church
these sacraments are valid, i.e. physical and moral impossibility to approach a Catholic
minister. The third paragraph was regarding the administering of the same sacraments
to the Oriental Christians not in full communion with the Catholic Church. The fourth
124 Paul S. Loverde, “Intercommunion,” Petrus, vol. 9 (September 1987), 181. 125 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico Del 1983, 59. 126 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico Del 1983, 60. 127 Myriam Wijlens, Sharing the Eucharist (New York: University Press of America, 2000), 276.
56
paragraph stated that in case of danger of death or any other grave necessity the
Christians not in full communion with the Catholic Church, who have no access to the
minister of their own, may ask for these sacraments provided it be done spontaneously
and with the expression of faith in the sacrament. The final paragraph was regarding
non-administration of sacraments to those who have not been baptised.128
Besides this the schema also contained canons regarding concelebration with the non-
Catholic Churches and ecclesial communities, and celebration of the Eucharist in a
non-Catholic Church. The schema was met with different types of reactions from all
over the world. Some stated that the theology of the sacraments was insufficient, others
stated that sacraments were never shown as actions of Christ and the Church, some
others stated that the schema didn’t show the relationship between faith and
sacraments. However the most critical evaluation came from one consulter who stated
that since the liturgy is a sign of ecclesial communion, all those who are not in full
communion cannot be fully admitted and therefore the local bishops or the conference
of bishops should issue norms on this subject.129
Based on these suggestions some changes were made and for the first time the text
reflected the ecclesiological distinction made between the Churches and the ecclesial
communities of the West. Some of these changes that were made were: The fourth
paragraph dealt with said that the baptized non-Catholics not in full communion with
the Catholic Church were not merely individuals not in full communion but also
members of their own Church. The second change was the consideration of the fact
that there might be other Churches also not in full communion but in par with the
separated Oriental Churches. The fifth paragraph spoke about the competence of
diocesan bishop to decide cases of grave necessity. To this was also added sixth
paragraph which spoke about the consultation with the competent authorities before
issuing norms for these situations. After much deliberations and some minor changes
this schema was published in 1980.130
The Pope decided to review this Schema with the Commission again in the same year
and a number of suggestions came. Cardinal Palazzini, the Prefect for the
128 Myriam Wijlens, Sharing the Eucharist, 277-278. 129 Myriam Wijlens, Sharing the Eucharist, 278-281. 130 Myriam Wijlens, Sharing the Eucharist, 282-284.
57
Congregation for the Causes of Saints asked for clarity on the canon in order to avoid
ambiguity, Bishop Stewart suggested that Eucharist should be rarely administered to
those not in full communion, Cardinal Ratzinger requested that the words Favorabilem
Exitum be deleted. The next meeting took place on 20-28 October 1981 where some
changes were made and finally the text was promulgated in the year 1983 as canon
844 of the Code with five paragraphs.131
2.5.2. Canon 844 and its Interpretation
It is interesting to note that this canon replaces canon 731 §2 of the 1917 Code which
contained an absolute prohibition of sacramental ministrations.132
The actual canon, which treats communication in sacris is given as follows:
c. 844 § 1 Catholic ministers my lawfully administer the sacraments only to Catholic members
of Christ’s faithful, who equally may lawfully receive them only from Catholic ministers, except
as provided in §§ 2, 3, and 4 of this canon and in Can. 861§2.
§2 Whenever necessity requires or a genuine spiritual advantage commends it, and provided the
danger of error or indifferentism is avoided, Christ’s faithful for whom it is physically or morally
impossible to approach a catholic minister, may lawfully receive the sacraments of penance, the
Eucharist and anointing of the sick from non-Catholic ministers in who Churches these
sacraments are valid.
§3 Catholic ministers may lawfully administer the sacraments of penance, the Eucharist and
anointing of the sick to members of the eastern churches not in full communion with the Catholic
Church, if they spontaneously ask for them and are properly disposed. The same applies to
members of other Churches which the Apostolic See judges to be in the same position as the
aforesaid eastern churches so far as the sacraments are concerned.
§4 If there is danger of death, or if, in the judgement of the diocesan Bishop or of the Bishop’
Conference, there is some other grave and pressing need, catholic ministers may lawfully
administer these same sacraments to other Christians not in full communion with the Catholic
Church, who cannot approach a minster of their own community and who spontaneously ask for
them, provided that they demonstrate the Catholic faith in respect to these sacraments and are
properly disposed.
§5 In respect to the cases dealt with in §§2, 3 and 4, the diocesan Bishop or the Bishop’
Conference is not to issue general norms except after consultation with the competent authority,
at least at the local level, of the non-Catholic Church or community concerned.
2.5.2.1. The General Rule (c. 844 § 1)
Before passing to the specific cases of communication in sacris, the c. 844 §1,
elaborates a general principle which needs to be examined before confronting the
particular cases. It sets the general tone of the entire canon, “Catholic ministers may
131 Myriam Wijlens, Sharing the Eucharist, 287-289. 132 Frederick R. McManus, “Sacraments” in James A. Coriden, et.al. (eds.) The Code of Canon Law: A
Text and Commentary (Theological Publications in India: Bangalore, 1986), 609.
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lawfully administer the sacraments only to Catholic faithful, who equally may lawfully
receive them only from Catholic minister”.133 The intent of this canon is clear, namely,
to define the outer limits which permit the sharing of the sacraments, aside from any
questions of validity or invalidity. The canon stabilises the ordinary subject on who is
capable to distribute and receive the sacraments in the Catholic Church licitly. 134
Before confronting with this principle it is also necessary to examine what canon 842
§1 says: “A person who has not received Baptism cannot be validly admitted to the
other sacraments.”135 This indicates that like the other Churches, the Catholic Church
also prohibits common worship and inter-Church sharing of sacraments in an
indiscriminate manner. However, owing to the spiritual good of the Christian faithful
the Church provides certain exceptions which we see in the following paragraphs of
the canon.136
2.5.2.2. Norms for Catholics Seeking the Sacraments of Penance, Eucharist and
Anointing of the Sick from Non-Catholic Ministers (c. 844 §2)
After the general principle which indicates the conditions for licity, the canon 844 in
its second paragraph, deals with the exceptions. Firstly it touches the Catholic faithful
and the Catholic ministers. This paragraph sets forth the conditions with which
Catholics may receive the sacraments from non-Catholic ministers in whose churches
these sacraments are valid.137 Some of the conditions according to the canon are:
2.5.2.2.1. Physical or Moral Impossibility
If a thing has to be considered morally impossible it should be such that it cannot be
done without extraordinary effort, grave inconvenience or great expense. Such
situations may arise from imprisonment, personal danger in times of war, illness etc.138
133 Eloy Tejero, “The Sanctifying Office of the Church,” in Ernest Caparros, et.al. (eds.) Code of Canon
Law Annotated (Canada: Transcontinental Impression Groupe Livre, 1996), 667. 134 Frederick R. McManus, “The Sanctifying Function of the Church,” in John P. Beal, et.al. (eds.) New
Commentary on the Code of Canon Law (Bangalore: Theological Publications in India, 2010), 1025. 135 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico Del 1983, 69. 136 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 200. 137 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 12. 138 Gerard Sheehy, et.al. (eds.) The Canon Law Letter and Spirit: A Practical Guide to the Code of
Canon Law (London: Geoffrey Chapman, 1996) 464-465.
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2.5.2.2.2. Genuine Spiritual Advantage
There must be a genuine need that is required for the spiritual benefit of the member
of the faithful. This is because the sacraments are not mere instruments for satisfying
individual desires.139 The genuine spiritual advantage would be realised when one
person who is frequently accustomed to receive the Eucharist is deprived of this
practice for a long time.140
2.5.2.2.3. The Absence of Danger of Error or Indifferentism
The absence of error or indifferentism is a requirement of law of God. The error is to
be avoided not only by the person seeking the sacrament, but also by the members of
the Church whose minister is approached. All should be aware of the reasons and
significance of such an approach.141 It observance requires certain acts such as public
profession of the Catholic faith, or explaining to others the reasons that justify one’s
own conduct in order to avoid scandal. In order to avoid such dangers, the Catholic
faithful receive such benefits, ought to be mature in the faith and be able to distinguish
well the difference that exists between the Catholic Church and other non-Catholic
churches.142
2.5.2.2.4. The Sacrament is Validly Celebrated in the Other Church
The sacraments must exist validly in the Church of the minister from whom they are
received. It is not enough that they be considered valid in that Church, but rather they
must be so in reality. Without this assurance, it would be unlawful to receive them.
We have already seen that the Orthodox Churches possess valid priesthood, true
Eucharist and all the other Sacraments. Hence a Catholic can approach an Orthodox
priest for the sacraments of Penance, Eucharist and Anointing of the Sick.143
139 Eloy Tejero, “The Sanctifying Office of the Church,” 667. 140 Gerard Sheehy, et.al. (eds.) The Canon Law Letter and Spirit: A Practical Guide to the Code of
Canon Law, 464. 141 Gerard Sheehy, et.al. (eds.) The Canon Law Letter and Spirit: A Practical Guide to the Code of
Canon Law, 464. 142 Zenon Neimczyk, La “Communicatio in Sacris” Nei Documenti della Santa Sede e nel Codice di
Diritto Canonico del 1983, 72. 143 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” 204.
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2.5.2.3. Norms for the Administration of Sacraments to Members of Eastern Non-
Catholic Churches (c. 844 §3)
Canon 844 §3 speaks of the possibility of admission to the three sacraments: Eucharist,
Penance and Anointing of the Sick of the faithful of the Eastern non-Catholic
churches144 and to those ranked with them in the sacramental matters by the Holy
See.145 The following are the conditions:
2.5.2.3.1. Spontaneous Request
The first requirement forbids any suggestion or pressure by the catholic minister. He
cannot induce one to receive this sacrament. It should come spontaneously from the
recipient himself/herself.146 Any prior pressure by the Catholic minister is clearly
forbidden.147
2.5.2.3.2. Proper Disposition
To be properly disposed one must be duly prepared, which means that one’s faith must
conform to that of the Catholic Church regarding the sacraments they are to receive.148
In paragraph three we also see that the same concession is granted to members of other
(non-Catholic) churches, but with an additional requirement: they must be “in the same
condition” as the Eastern Churches having been judged by the Apostolic see. What
does this imply? We can solve this problem by comparing this paragraph with the
second and the third paragraph of the same canon which says that the Eastern churches
do indeed possess valid sacraments of penance, Eucharist, and anointing of the sick
and their members share the “Catholic faith” in these sacraments.149 Since no
determination is made by the canon concerning what churches may be considered “in
the same condition” as the Eastern Churches, we need to look at one affirmative
Roman judgement which was reached with regard to the Polish National Catholic
144 Gerard Sheehy, et.al. (eds.) The Canon Law Letter and Spirit: A Practical Guide to the Code of
Canon Law, 465. 145 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 12. 146 Gerard Sheehy, et.al. (eds.) The Canon Law Letter and Spirit: A Practical Guide to the Code of
Canon Law, 465 147 Eloy Tejero, “The Sanctifying Office of the Church,” 668. 148 Eloy Tejero, “The Sanctifying Office of the Church,” 668. 149 Frederick R. McManus, “The Sanctifying Function of the Church,”1025.
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Church in the USA and Canada, stating that this Church is in the same condition as the
Eastern churches. 150
2.5.2.4. Concession Given the Ecclesial Communities of the West (c. 844 §4)
This paragraph is patterned on the 1967 Ecumenical Directory Ad totam Ecclesiam
that considered under a separate title “Sharing in Liturgical Worship with other
Separated Brethren”.151 The Code in this paragraph makes a clear distinction between
Churches and ecclesial communities. With regard to the ecclesial communities which
are not as in the same situation as in the East, the requirements are several. Thus, it is
permitted for a Catholic sacred minister to administer the Eucharist, penance, and
anointing of the sick to these Christians not in full communion, provided the following
conditions are present:
i) If there is a danger of death or other grave necessity according to the judgement of the diocesan
Bishop or of the conference of Bishops
ii) If they cannot approach a minister of their own community
iii) If they give signs of faith in these sacraments
iv) If they are properly disposed. 152
2.5.2.5. Role of the Diocesan Bishops and the Conference of Bishops (c. 844 §5)
Since, the principle of reciprocity has to be respected in ecumenical relationship, the
paragraph five has been added to c. 844, so that there no general norms will be issued
on this matter without consultation with at least local authority of the respective
Church or community. This paragraph is an application of the principle expressed in
the decree on the Catholic Eastern Churches:153 “This more lenient way of sharing in
religious services (communicatio in sacris) with people of the separated Eastern
Churches is entrusted to the supervision and control of the local ordinaries so that, after
consulting among themselves and, if need be, after hearing the ordinaries of the
separated Churches as well, they may, with timely and effective rules and regulations,
guide the relations between Christians.”154
150 Frederick R. McManus, “The Sanctifying Function of the Church,” 1026. Cf. Guidelines Issued by
the NCCB Committee on Ecumenical and Interreligious Affairs, 13 March 1996, after receiving a
favourable decision from the Pontifical Council for Promoting Christian Unity. 151 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 15. Cf. Ad Totam
Ecclesiam 55. 152 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 18. 153 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 19. 154 OE 29.
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The conference of bishops or the diocesan bishop should issue general norms in their
respective territories specially when there is a situation of massive immigration or any
other generalised situation.155
2.5.3. The Other Areas of Communicatio in Sacris
In the CIC 1983 the question of sacramental sharing is not just present only in canon
844. The fourth book in a few more canons touches the other areas where there can be
sharing of spiritual resources. Let us look at some of these canons.
2.5.3.1. The Function of a Sponsor (c. 874 §2)
This canon grants permission for a baptized person who belongs to a non-Catholic
ecclesial community to act as a witness. However, this canon doesn’t mention
explicitly whether a separated Eastern Church can serve as a sponsor to a Catholic.
This concept is further clarified by the Eastern Code.156
2.5.3.2. Eucharistic Celebration in Another Christian Church (c. 933)
This canon allows for a just cause and with the express permission of the local ordinary
to a priest to celebrate the Eucharist in the place of worship of some Church or
Ecclesial community which does not have full communion with the Catholic Church
so long as there is no scandal. The just cause may be any good reason and not just a
case of necessity. We must be clear that this canon does not apply to non-Christian
churches. The diocesan Bishop may also permit non-Catholic Christians to use a
Catholic Church or other building if they lack a place of their own.157
2.5.3.3. Mixed Marriage (cc. 1124-1129)
Mixed marriage is a marriage between Catholics and non-Catholics who are baptized
but are not in full communion with the Catholic Church.158 CIC 1983 no longer
categorizes mixed religion as an impediment and it doesn’t require a dispensation but
155 Eloy Tejero, “The Sanctifying Office of the Church,” 668. 156 Kevin T. Hart, “Baptism,” in John P. Beal, et.al. (eds.) New Commentary on the Code of Canon Law
(Bangalore: Theological Publications in India, 2010), 1063. 157 John M. Huels, “The Most Holy Eucharist,” in John P. Beal, et.al. (eds.) New Commentary on the
Code of Canon Law (Bangalore: Theological Publications in India, 2010), 1121-1122. 158 Sebastian Payyappilly, Mixed Marriage: In the Code of Canons of the Eastern Churches and the
Particular Law of the Syro-Malabar Church, Dharmaram Canonical Studies 9 (Bangalore:
Dharmaram Publications, 2014), xi.
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a permission (licentia) before entering a mixed marriage. This is a far more positive
step that the Catholic Church has taken with regard to this.159
2.5.3.4. The Blessings (c. 1170)
In the canonical tradition blessings are distinguished into Constitutive and Invocative.
The Constitutive blessings are similar in their effects to consecrations and dedications
as the place or things so blessed become a sacred place or thing. Invocative blessing
doesn’t have the same effect as a Constitutive blessing, the persons who are blessed
retain their status, and the places or things which are blessed retain their secular
character. Canon 1170 states that blessings may be given even to non-Catholics
Christians who request them but taking into care the nature and object of the
blessing.160
2.5.3.5. The Celebration of Ecclesiastical Funeral (c. 1183 §3)
According to this canon the local ordinary may permit Catholic funerals for non-
Catholics under the following circumstances: the deceased must have been validly
baptized, the non-Catholic minister must be un-available, and there is no indication
that the person would not have wanted a Catholic funeral.161
2.6. Communicatio in Sacris in CCEO
Pope John Paul while presenting the Codex Canonum Ecclesiarum Orientalium on
October 25, 1990 said that the new Eastern Code together with the Codex Iuris
Canonici 1983 and the Apostolic Constitution Pastor Bonus of 1988 is to be the one
body of Corpus Iuris Canonici for the entire universal Church. During its
promulgation the Pope also urged that a comparative study be made of both the
Codes.162 Therefore, eventhough there is not much of a major difference between the
canons on communicatio in sacris it is very important to do a brief excurses on the
CCEO canons on communicatio in sacris.
159 John P. Beal, “Mixed Marriage,” in John P. Beal, et.al. (eds.), New Commentary on the Code of
Canon Law (Bangalore: Theological Publications in India, 2010), 1344. 160 John M. Huels, “Other Acts of Divine Worship,” in John P. Beal, et.al. (eds.), New Commentary on
the Code of Canon Law (Bangalore: Theological Publications in India, 2010), 1404. 161 John M. Huels, “Other Acts of Divine Worship,” 1411- 1412. 162 Jobe Abbas, Two Codes in Comparison, Kanonika 7 (Roma: Pontificio Istituto Orientale, 1997),
15.
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It was the Second Vatican Council that inspired the promotion of Christian unity. This
Council as we have already seen instilled hope and enthusiasm in the Catholic Church
to get involved in the ecumenical movement. 163 According to a draft of the coetus
centralis the Code was to be made keeping in mind the spirit of Orientalium
ecclesiarum 30, which would be valid until full communion among the Catholics and
Orthodox is realised. Accordingly this draft kept a very open disposition on
ecumenism imbibed with the teachings of Vatican Second Council.164 One of the area
of concentration with regard to ecumenism was the discussion on communicatio in
sacris which many objected to view this as a means of promoting Christian unity.165
Accordingly the CCEO dedicated canons 670 and 671 on the topic of communicatio
in sacris. However in comparison to CIC 1983 the CCEO made a distinction between
sacramental communicatio in sacris and non-sacramental communicatio in sacris. Let
us analyse these canons.
2.6.1 The Iter Canons 670 and 671
Pope Paul VI established the Pontifical Commission for the Revision of the Code of
Eastern Canon Law (PCCICOR) on 10 June 1972. One of the main principles adopted
by the PCCICOR was regarding the ecumenical character of the Code which was sub-
divided into four points. During the period from March 1974 to 1980 the commission
made eight schemas and were presented to different consultative bodies. Some of the
schemas were identical to the Latin Code.166 The schema on sacraments opened with
general introductory canons. There were altogether five introductory canons, two of
which dealt with communicatio in sacris. The First one was with regard to the overall
communicatio in sacris while the second dealt specifically on sacramental sharing.
Both these canons were based on Orientalium ecclesiarum 26-39, the Ecumenical
Directory nos. 42-47, 55 and the instruction In Quibus rerum circumstantiis.167
163 Sunny Kokkaravalayil, The Guidelines for the Revision of the Eastern Code: Their Impact on CCEO,
Kanonika 15 (Rome: Pontificio Istituto Orientale, 2009), 182. 164 Sunny Kokkaravalayil, The Guidelines for the Revision of the Eastern Code: Their Impact on CCEO,
187-188. 165 Sunny Kokkaravalayil, The Guidelines for the Revision of the Eastern Code: Their Impact on CCEO,
201. 166 Myriam Wijlens, Sharing the Eucharist, 292. 167 Myriam Wijlens, Sharing the Eucharist, 294.
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The canon of communicatio in sacris had two paragraphs. The first paragraph stated
that it is only for a just cause, that a Catholic can attend the liturgical worship of
Christians not in full communion with the Catholic Church after observing the norms
established by the competent authority. The second paragraph permitted the use of
sacred places to non-Catholics when they do not have one. This schema which was
presented as a complete text in 1986 appeared as canon 670 of CCEO. Some changes
were made in the final text like the Catholics were referred to as Catholic Christians,
instead of liturgical worship the canon uses divine worship.168
Beside canon 670 there is another canon on sharing of sacraments of Penance,
Anointing of the Sick and Eucharist. The first draft of this canon was made in 1980
and was similar to the 1980 schema of the Latin Code. When the draft of this schema
was presented in 1986 it appeared as canon 668. The canon while speaking of members
of Catholic Church or other Churches referred to them as Christ faithful. Other than
this only a few simplifications were made in this canon compared to CIC c. 844. The
first paragraph simply states that Catholic minister licitly administer the sacraments
only to Catholic Christians, who receive them licitly from the Catholic minister. The
second paragraph opens with “but if necessity requires” instead of “whenever
necessity requires”. There is no change in the third paragraph. The fourth paragraph
starts with “but if there is a danger of death” instead of “if the danger of death is
present”. This paragraph also states that the “recipient must manifest a faith consonant
with that of the Catholic Church” instead of just “they ought to manifest a faith
concerning the sacrament”. Before its final promulgation in the fourth and fifth
paragraphs reference was made to ecclesial communities instead of just
communities.169 Finally this canon appeared as canon 671 of the CCEO.
2.6.2. Non-Sacramental Liturgical Worship and Services in CCEO
Canon 670 is the general norm on communicatio in sacris in CCEO. It has no parallel
canon in CIC. The divine worship and especially the sacraments, is the manifestation
and confirmation of the ecclesial communion and therefore it is the Catholic Christians
168 Myriam Wijlens, Sharing the Eucharist, 295 169 Myriam Wijlens, Sharing the Eucharist, 296-298.
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who take part in Catholic public divine worship.170 However, the Church allows
Catholic Christian faithful to take part in the liturgical worship of the other Christians,
provided that this practice does not effectively contradict the Catholic faith.171 While
doing so, one is to take into account the degree of communion that the Catholic Church
has with the non-Catholic Churches as per the determination of the eparchial Bishop
or a higher authority.172 This canon we must note, makes provision for promulgating
particular law in each Church sui iuris on the further application of communicatio in
sacris. Here below are some of the areas according to CCEO where there can be
application of non-sacramental sharing of the sacraments:
2.6.2.1. Ecclesiastical Burial and Blessings (c. 876 §1)
This canon allows the celebration of ecclesiastical funerals for baptized non-Catholics
based on two conditions: It should not be contrary to their will; they could not have a
minister of their own.173 The permission of the local hierarch (not necessarily of the
Eparchial Bishop) is a must in these circumstances. The Ecumenical directory also
permits the Catholic ministers to impart blessings to non-Catholic faithful who request
them. The Catholic ministers are allowed to pray for non-Catholics who are living or
dead, for their needs and intentions, and their spiritual heads. Care should be taken not
to recite these prayers during the Eucharistic Anaphora but only during litanies and
other private prayer meetings. 174
2.6.2.2. Use of Sacred Places by Catholics (c. 705)
This canon allows the Catholics to share the sacred places of a non-Catholic church.
For a Catholic priest to celebrate the Divine liturgy in a non-Catholic church, he needs
the permission of the local hierarch (c.705 §2). There can also be situations where the
Catholics will need the use of non-Catholic edifices or cemeteries. Therefore, there
170 Dimitrios Salachas, “Divine Worship Especially the Sacraments,” in George Nedungatt, ed., A Guide
to the Eastern Code: A Commentary on the Code of Canons of the Eastern Churches, Kanonika 10
(Rome: Pontificio Istituto Orientale, 2002), 496. 171 Victor J. Pospishil, Eastern Catholic Church Law, 386. 172 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 136. 173 Dimitrios Salachas, “Sacramentals, Sacred Times and Places, Veneration of the Saints,” in George
Nedungatt, ed., A Guide to the Eastern Code: A Commentary on the Code of Canons of the Eastern
Churches, Kanonika 10 (Rome: Pontificio Istituto Orientale, 2002), 589. 174 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 137.
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has to be a proper consultation and agreement between the competent authorities of
the either sides.175
2.6.2.3. Use of Sacred Places by non-Catholics (c. 670 §2)
This provision is based on Orientalium ecclesiarum no. 28 which permits sharing of
sacred functions, objects and places with the separated Eastern brethren for a just cause
and on the Ecumenical directory, which speaks of the grant of Catholic churches,
buildings, cemeteries and other things necessary for religious rites to the separated
brethren. This extended permission finds its place also in CCEO 670§2 which states
that if non-Catholic Christians lack a place in which divine worship can be celebrated
with dignity, the eparchial Bishop can grant the use of the Catholic building or
cemetery or church in accord with the norm of the particular law of his own Church
sui iuris. The only difference we find here as compared to the Ecumenical Directory
is that according to c.670§2, there is an explicit reference to the eparchial Bishop to
give permission, which excludes the competence of all other superiors. The
Ecumenical Directory on the other hand extends this competence to the local
ordinary.176
2.6.2.4. Participation in Various Assemblies (cc. 143 §4, 236 §3)
CCEO canon 236, speaks of the Eparchial Assemblies however for such eparchial
assemblies’ canon 238 §3 states that even observers from non-Catholic Churches or
ecclesial communities can also be invited. Similarly c. 143§4 speaks of the possibility
of inviting observers from the non-Catholic Churches and ecclesial communities to the
patriarchal assembly. Besides this the CCEO c. 322§4 exhorts those who are
responsible for drawing up the statutes of such assemblies to incorporate norm by
which the participation of the hierarchs of those Churches non in full communion with
the Catholic Church is fostered.177
175 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 138. 176 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 139. 177 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the
Context of Inter-Church Relations in India,” 140.
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2.6.2.5 The Role of a Sponsor (c. 685 §3)
The CCEO for a just reason allows an Eastern non-Catholic Oriental to be admitted to
the role of a sponsor but always together in company of a Catholic sponsor. The
function of a sponsor is to collaborate with the parents of the child in transmission of
the faith. When it comes to adult Baptism, the sponsor helps the candidate to persevere
in Catholic faith. 178
2.6.2.6. Mixed Marriage (cc. 813-816)
The CCEO also speaks of mixed marriages where two baptized, one of whom is
Catholic and the other who is non-Catholic enters the marital bond with the permission
of the competent authority (c. 813). However one unique provision that we find in
CCEO is that the Code gives provisions to the particular law of each Church sui iuris
to specify the manner this is to be done (c. 815). That is why in the CPLSMC we find
a number of provisions on mixed marriages.179
178 Dimitrios Salachas, “Divine Worship Especially the Sacraments,” 505. 179 Dimitrios Salachas, “Divine Worship Especially the Sacraments,” 557-558.
69
Conclusion
In the present Chapter we have examined the evolution of the notion on communicatio
in sacris which becomes clearer as we come to both the Codes of Canon Law. If we
analyse the entire story of communicatio in sacris we can see it was one of the pre-
occupations of the Holy See. The medieval popes condemned this practice as it caused
a danger to faith. At the same time we see wherever this danger did not existed the
same popes with extraordinary generosity permitted to enter into some communion
with the non-Catholics. We have also seen that the position of the Holy See, was fully
negative on communication in sacris, as expressed in the CIC 1917. However the
Second Vatican Council gave new Ecclesiological orientations, which changed the law
on the Church concerning the separated non-Catholic brethren. The Council has shown
that love and sympathy are important and consequently more objective than suspicion
or mistrust. Suspicion is replaced by sympathy and the realization of the values
contained in the other Churches, are considered to be essentials elements towards a
greater union among Christians.
It is also noteworthy how the Codes of Canon Law have legislated the norms on
communicatio in sacris keeping up the true spirit of the Vatican Council Documents.
However now it belongs to the Bishops either individually or through episcopal
conferences to decide what can prudently be under what circumstances keeping in
mind the directives of the Council and the Holy See. In translating these laws into
reality one should imbibe the spirit of charity.
Keeping this in mind in the next chapter we will basically reflect how all these laws
discussed in this chapter have been converted into reality, specially keeping in view
the Church in India, where thousands of people profess their faith in Jesus Christ.
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CHAPTER THREE
COMMUNICATIO IN SACRIS AND ITS APLLICATION IN THE INDIAN
CONTEXT
Introduction
“Between the Catholic Church and other Christian Churches and Ecclesial
Communities there exists a strong drive towards communion rooted in Baptism which
each administers. It is a drive nourished by prayer, dialogue and joint action.”1 These
words from Ecclesia in America provide a wider context in which we address the topic
of communicatio in sacris. “The concept of communion lies at the heart of Church's
self-understanding”,2 namely the communion of the faithful with the triune God-
Father, Son and Holy Spirit and the communion of the faithful among themselves.3
Communion involves two dimensions: the vertical communion with God and the
horizontal communion among the Christian faithful.4
What we have seen so far is that the realisation of this communion starts with the
sacrament of Baptism and further is nourished in the sacrament of Confirmation. This
communion however is fully realised in the sacrament of Eucharist which is the source
and summit of every Christian life. Further it is the validly consecrated bishops who
ensure that these sacraments are validly disposed. Based on the presence or absence of
the above mentioned bonds that Catholic Church has formulated Her norms on
communication in sacris with the Oriental non-Catholic Churches and ecclesial
communities.
In this chapter we make a sincere attempt to see the practical application of these
norms. These norms are very important for the Church in India which is comprised of
three sui iuris Churches and a number of Orthodox Churches and ecclesial
1 John Paul II, Post-Synodal Exhortation Ecclesia in America 49, 22 January 1999, AAS 91 (1999), 737–
815. 2 Congregation for the Doctrine of Faith, Communionis notio 3, 28 May 1992, AAS 85 (1993), 838-850,
http://www.vatican .va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_28051992
Communionis-notio_en.html (accessed on 20/12/2015). 3 Paul Pallath, “Sacramental Sharing According to the Second Vatican Council and Catholic Canon
Law,” Studies in Church Law, vol. 4 (Jan-Dec 2008), 195. 4 CN 3.
71
communities. Hence, the main thrust of this chapter is to see how the Catholic Church
in India, helped by the ecclesiology of communion of the Second Vatican Council, has
made her sincere efforts to enter into dialogue with the non-Catholic Churches thereby
walking in the path towards realisation of full communion. For this we will first see
the various nuances of the three sacraments under communicatio in sacris. We will
then see the various ways in which the Catholic Church and non-Catholic Churches
have tried to collaborate in this regard. Finally we will also see some of the pastoral
implications of our study.
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3.1. The Reception of the Sacrament of Penance
Throughout the history of salvation sin has manifested in the form of exclusion of God,
rupture with God, disobedience to God.5 Penance is the ordinary way of obtaining
forgiveness for these sins that one commits after Baptism. It is an act through which
the believer turns from one’s previous sinful life and converts to God and with the
neighbour. This conversion basically takes place by faith and Baptism. In Baptism the
gift of the Spirit is sealed.6 The sacrament of Penance is like a second Baptism which
is at the same time presupposition for receiving the other sacraments, specially the
Eucharist which is the centre of the entire spiritual life of the Church and of the
individual faithful.7
Both the Codes of Canon Law have dedicated sufficient number of canons with regard
to the sacrament of Penance. While the Eastern Code has lesser number of canons
compared to its Latin counterpart. Let us see some of the aspects related to this
sacrament:
3.1.1. The Notion of the Sacrament of Penance (CIC c. 959 and CCEO c. 718)
This sacrament washes away the destructive effect of sin and re-establishes ones
relationship with God. However from the part of the penitent three conditions are to
be present i.e. contrition, purpose of amendment and confession. In the Latin Code this
notion is presented more juridically compared to the Eastern counterpart which speaks
about the action of the Holy Spirit in reconciling the penitent to God making him
worthy also to receive the Holy Eucharist.8
3.1.2 Obligation and Frequency of Confession (CIC c. 989 and CCEO c. 988)
Unlike the Eastern Code the Latin Code speaks of an annual confession which is called
as “Easter Obligation”. The Eastern Code on the other hand says that whenever the
faithful are aware of a serious sin they are to approach the sacrament as soon as
possible.9
5 Pope John Paul II, Post-Synodal Exhortation Reconciliato et penetentia 14, 2 December 1984, AAS 77
(1985), 185-275, http://www.vatican.va/content/johnpaulii/en/apostolic_exhortations/documents/
hf_jpii_exh_02121984_reconciliato-et-penetentia.html (accessed 20/12/2014). 6 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 215. 7 William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, 216. 8 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” Studies in Church Law, vol. 4 (Jan-Dec 2008), 97. 9 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 97.
73
3.1.3 The Minister of the Sacrament
In both the Codes the minister of the sacrament is the priest. This means the priest
should be validly ordained and should have an appropriate faculty either by office or
by special concession.10
3.1.4 Reservation of Absolution from Certain Sins (CCEO c. 728)
In the Eastern Code there are three sins that are reserved, one to the eparchial/diocesan
bishop and two to the Apostolic See. The bishop can absolve from the sin of procuring
a completed abortion, while the Apostolic See can absolve from the sin of violation of
the sacramental seal and absolution of a sexual accomplice. The absolution of an
accomplice is valid only in danger of death. The Latin counterpart has no such reserved
sins as the punishment to these sins is latae sententiae excommunication. 11
3.1.5 Place of the Sacrament (CIC c. 964 and CCEO c. 736)
In both the Codes the place for the sacrament of penance is a church. The Latin Code
also makes the mention of an Oratory.12
3.2 The Sacrament of Eucharist
The word “Eucharist’ (eucharistia in Greek) is generally translated as “thanksgiving”.
“Thanksgiving” in our current use has come merely to signify gratitude, i.e. we express
our gratitude to God for a particular favour that he has done for us. However,
“Eucharistia” is not just this but more significantly a proclamation, a confession of the
marvels of God.13
Eucharist is the most precious possession of the Church. Infact the Church draws her
life from the Eucharist, because though Jesus Christ is present in the Church by
different means, the greatest form of his presence is in the Eucharistic Celebration.14
By the Eucharist the New Covenant Community is united with Christ as the vine to its
branches. At the same time the Church is continuously taught, sanctified and guided
by the successors of the Apostles, and so, the sacrament of Holy Order is a must for
10 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 97. 11 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 100-101. 12 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 102. 13 Louis Bouyer, Eucharist: Theology and Spirituality of the Eucharistic Prayer (London: Notre Dame
Press, 1968), 29. 14 Vincent Chittilappally, “Ecclesia de Eucharistia: A Prophetic Eucharistic Encyclical for the Third
Millennium,” Christian Orient, vol. 24, no. 4 (December 2003), 107-108.
74
the valid celebration of the Eucharist.15 Eucharist by being an expression on an already
pre-existing communion also consolidates and prefects the communion that already
exists. Therefore, every Eucharistic celebration requires full communion in the bonds
of the profession of faith, the sacraments and ecclesiastical governance. If these bonds
don’t exist, then the Eucharistic celebration would be an obstacle to the attainment of
full communion.16 While strongly expressing her full concern and support for the
success of ecumenical movements, the Church strongly admonishes that the
Eucharistic celebration should not be the means of ecumenism. Still, the Church is
really concerned of the pastoral needs of the individuals. So, she strongly advises that
the priest should not deny sacraments to any person who is in grave spiritual need for
eternal salvation.17
The Latin Code has more canons dedicated to Eucharist (CIC cc. 897-958) than the
Eastern Code (CCEO cc. 698-717). This is because it gives more provision to the
particular law. Both the Codes formulate their Canons based on the respective tradition
therefore it is important to know the understanding of the sacrament in the East as well
as the West.
3.2.1 The Reception of the Eucharist in the Eastern Tradition
In Greek, the sacraments are called mysteria, and when one speaks of “Divine
Mysteries”, what is meant is simply the Eucharist. All the liturgy of the Church finds
its culmination in the celebration of the Eucharist. What is said here of the Eucharist
or Divine Liturgy applies naturally to its equivalent in other Eastern languages, like
qurbāna/qurbāno in Syriac.18
The Eastern Church has always upheld the unity of the sacraments of Christian
initiation. It has never been separated from Baptism and Chrismation, even, in the
case of the infants. This had been the practice both in the East and the West. This
practice died out in the West and the baptismal initiation was conferred to children in
various successive moments. This ancient use was maintained interruptedly in the
15 John Paul II, Encyclical Letter Ecclesia de Eucharistia 29, 17 April 2003, AAS 95 (2003), 457–458. 16 EE 44. 17 EE 45. 18 Dimitrios Salachas, “Divine Worship, Especially the Sacraments,” 511-512.
75
East.19 CCEO c. 697 states that the sacramental initiation into the Mystery of salvation
is perfected in the reception of the Eucharist. Thus a uniquely Eastern provision calls
for the liturgical books of the sui iuris Churches to regulate the post
baptism/chrismation participation of infants in the Eucharist.20
3.2.2 The Reception of Eucharist in the Western Tradition
The theology of viewing the sacraments of initiation together as a unit is strong in the
Latin Church also. CIC c. 842§2 states that the sacraments of Baptism, Confirmation,
and the most Holy Eucharist are so interrelated that they are required for full Christian
initiation. The Latin Church has adopted the practice of administering these sacraments
separately for catechetical purposes.21
3.2.3 The Notion of Eucharist in the Ecclesial Communities
The uncertainty inherent in the Ecclesial communities of the West is nowhere so
pronounced as in the sphere of the sacraments. The Eucharist for them is a service and
the exclusive focus of their devotion is on the individual gift offered by the believer.
The most original element of the sacramental teaching of the reformers is inspired by
St. Augustine, whose implications were fully brought out only by Calvin. They see
sacraments in conjunction with the Word of God, and in the nature of word, i.e. verbum
visibile. According to them the Word of God is an event which transforms the human
life and in that sense the sacraments i.e. verbum Dei visibile is an inferior Word, which
is meant for simple people, for those unable to read, or those whose mentality was too
crude to be able to profit from the teachings of the Word of God. The later reformers
further deteriorated the sacramental idea by reducing the whole sacramental mystery
to artificial symbolism, which merely expressed in visible imagery what was taught by
the word of mouth.22
19 Congregation for the Eastern Churches, Applying the Liturgical Prescriptions of the Code of Canons
of the Eastern Churches 42, 6 January 1996, http://www.ewtn.com/library/curia/eastinst.htm
(accessed on 20/12/2015). 20 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 94. 21 Mathew Kochupurackal, “Same Reality, Different Appearances,” Canonical Studies, vol. 5 (Jan-Dec
2009), 55. 22 Louis Bouyer, The Word, Church and the Sacraments: In Protestantism and Catholicism (London:
Geoffrey Chapman, 1961), 70-73.
76
Basing on this above mentioned concept we can deduce that a Eucharistic celebration
for them is a mere symbolism and a participation in an inferior word which is meant
for simple people, who are unable to read the Word of God.
3.3. The Reception of the Sacrament of Anointing of the Sick
The Catholic Church professes and teaches that the Anointing of the sick is one of the
seven sacraments of the New Testaments and that it was instituted by Christ our
Lord.23 In the Gospel of Mark Christ invites his disciples to follow him and at the same
time associates them with his own life of compassion and healing: “So they went out
and preached that men should repent. And they cast out many demons, and anointed
with oil many that were sick and healed them” (Mark 6:12-13).24 It is recommended
strongly by the Apostle James: “If any one of you is ill, he should send for the elders
of the church, and they must anoint him with oil in the name of the Lord and pray over
him. The prayer of faith will save the sick man and the Lord will raise him up again;
and if he has committed any sins, he will be forgiven” (James 5:14-15).25
3.3.1 The Notion of the Sacrament (CIC c. 998 and CCEO c. 737)
The understanding of the sacrament of the Anointing of the Sick is found in CCEO c.
737. The following elements are emphasized in this canon: i) the sacrament is
conferred on Christian faithful by a priest stricken with serious illness. Serious illness
refers above all to a sickness which causes death and all other serious physical and
psychological illness. To receive the sacrament there need not be necessarily danger
of death, but as mentioned by St. James it is enough that the person be ill; ii) one who
receives this sacrament must be sincerely contrite; iii) the grace received in this
sacrament consists in the strengthening of the hope of eternal reward and the
forgiveness of sins.26 The Latin counterpart for this canon is c. 998. The canon stresses
on the matter (anointing) and form of the sacrament (formula in the liturgical book).27
23 CCC 1511. 24 CCC 1506. 25 Paul VI, Apostolic Constitution Sacram unctionem infirmorum, 30 November 1972, AAS 65 (1973),
5-9, 26 Dimitrios Salachas, “The Divine Worship Especially the Sacraments,” 528. 27 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 103.
77
3.3.2 The Recipient of the Sacrament (CIC c. 1004 §1 and CCEO c. 738)
Both the Codes speak about the timely reception of the sacrament. While the Eastern
Code calls the seriously ill believer to the sacrament, the Latin Code uses phrases such
as ‘use of reason’ and ‘being in the danger of death,’ while speaking of the recipient.
The Latin Code prohibits anointing to those persisting in grave sin.28
3.3.3 The Blessing of the Oil (CIC c. 999 and CCEO c. 741)
There is a notable difference with regard to the blessing of the oil in both the Codes.
The Eastern priest is to bless the oil used in the celebration. Here the priest is not just
the dispenser of sacrament but also its celebrant in fullest sense.29 The Latin Code
reserves this blessing to the diocesan bishop or his equivalent. In case of necessity the
priest can bless the oil only for a particular situation.30
3.4. Areas of Communicatio in Sacris with the Non-Catholics
The visible unity of the entire Catholic Church might seem a distant reality but the
Church has already opened up paths in realisation of this distant dream. We have
already seen how with the Second Vatican Council the Church has crossed unthinkable
frontiers with regards to Ecumenism. A number of declarations have been signed
between the Catholic Church and the Eastern non-Catholic Churches. Besides this the
ecclesial communities too have signed a number of declarations regarding faith in
Jesus Christ. With regard to communicatio in sacris the Catholic Church has entered
into a number of agreements especially with the Eastern non-Catholic Churches. We
shall now take a look at some of the areas in which the Church has entered into
agreements with the non-Catholic Churches.
3.4.1. Eucharistic Sharing in a Mixed Marriage
Marriage is a state of life and vocation of large number of Christian faithful. In every
era it has been the central teaching of the Church’s discipline. The Catholic Church
28 Thomas J. Green, “Selected Issues in Divine Worship/Sacraments in the Latin and Eastern Codes: A
Comparitive Study,” 103-104. 29 Dimitrios Salachas, “Divine Worship Especially the Sacraments,” 529. 30 Frederick R. McManus, “The Sacrament of Anointing,” in John P. Beal, et.al. (eds.), New
Commentary on the Code of Canon Law (Bangalore: Theological Publications in India, 2010), 1182-
1183.
78
has addressed a number of issues pertaining to marriage at different times.31 One such
issue is a marriage between a Baptised Catholic and non-Catholic which is known by
the term ‘Mixed Marriage’ in a strict sense.
Mixed marriages have always been an object of special pastoral concern for the
Catholic Church. Legislations on mixed marriages began from the council of Elvira
(306) which addressed the problem of regulating marriages of the faithful with the
non-believers.32 In the second half of the twentieth century, the legislations on mixed
marriages were simplified due to the ecumenical concerns. The document Matrimonia
mixta published in 1970 by Pope Paul VI laid new legislations to meet the pastoral
needs of all the parties involved in mixed marriage.33 Regarding the sharing of
Eucharist with the Eastern Churches not in full communion with the Catholic Church
the Ecumenical Directory of 1993 says:
Between the Catholic Church and the Eastern Churches not in full communion with it, there is
still a very close communion in matters of faith. Moreover, "through the celebration of the
Eucharist of the Lord in each of these Churches, the Church of God is built up and grows in
stature" and "although separated from us, these Churches still possess true sacraments, above
all—by apostolic succession—the priesthood and the Eucharist...". This offers ecclesiological
and sacramental grounds, according to the understanding of the Catholic Church, for allowing
and even encouraging some sharing in liturgical worship, even of the Eucharist, with these
Churches, "given suitable circumstances and the approval of church authorities.34
In these days of globalisation we see a common increasing trend of Catholics marrying
other Christians not in full communion with the Catholic Church. In such a celebration
the relation between Eucharist and marriage becomes a significant issue which touches
the lives of many married couples. Let us see how the current legislations help us in
this particular context:
3.4.1.1. The Norms of the Episcopal Conference of India
The Commission for Ecumenism and Dialogue (CBCI) in the year 2000 published
guidelines for Ecumenism titled “Guidelines for Ecumenism-Towards an Ecumenical
Life Style”, in order to encourage and take deeper interest in the relationship with other
31 John P. Beal, “Mixed Marriage” in in John P. Beal, et.al. (eds.), New Commentary on the Code of
Canon Law (Bangalore: Theological Publications in India, 2010), 1234. 32 Sebastian Payyappilly, Mixed Marriage in the Code of Canons of the Eastern Churches and the
Particular Law of the Syro-Malabar Church (Bangalore: Dharmaram Publications, 2014), 18. 33 Sebastian Payyappilly, Mixed Marriage in the Code of Canons of the Eastern Churches and the
Particular Law of the Syro-Malabar Church, 27. 34 Pontifical Council for Promoting Christian Unity, Directory for the Application of Principles and
Norms of Ecumenism 122, 25 March 1993, AAS 85 (1993), 1039-1119.
79
Christians and also to strengthen the bonds of faith with all of them.35 Following are
some of the norms:
3.4.1.1.1 Regarding the Sacrament of Baptism
Baptism if it is conferred using water and invocation of the Father, Son and the Holy
Spirit in any Church or Christian denominational is valid and sacramental. By such
Baptism a person is incorporated into the Body of Christ. Since most of the Churches
in India confer Baptism in a way mentioned above, their members must be truly our
brothers and sisters in Christ, even if they canonically belong to other Churches.
Baptism cannot be repeated even if the member of one Church joins another Church
out of personal conviction that Christ calls him or her to take this step. The reception
into the Church takes place through the profession of faith according to the liturgical
texts through full participation in the Eucharist.36
3.4.1.1.2 Regarding the Sacrament of Confirmation
The sacrament of Confirmation is complimentary to Baptism through which the Holy
Spirit is sacramentally conferred on the Adults. The Christians from Orthodox or
Oriental Churches are generally validly confirmed at their Baptism and therefore
should not be confirmed if received into the Catholic Church. Christians from
Churches related to reformation will normally not have been sacramentally confirmed,
at least not in a way in which the sacrament is understood in the Catholic Church, and
therefore they should be confirmed if they join the Catholic Church. 37
3.4.1.1.3 Regarding the Sponsors at Baptism
Generally the God Parents should be from the Catholic Church. However for reasons
of personal ties of friendship or other reasons the Church allows that one of the two
God-Parents be of another Christian Church who then acts not as a sponsor but as a
witness to Baptism.38
35 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style (New Delhi: Catholic Bishops Conference of India, 2000), vii. 36 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 71. 37 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 72.
38 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 73.
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3.4.1.1.4 Regarding the Holy Eucharist
All those people who value the memory of Jesus’ last supper are welcome to join the
Catholic community in the sacrifice of the praise. Any Christian since he is baptised
participates devoutly in the Eucharistic celebration can certainly draw inspiration from
the Word of God. However, full participation (sharing in the one bread and cup) is
open only to those who live as regular members of the Church community. In
exceptional cases others are also welcome to partake in the Eucharistic bread and
cup.39 Which are these exceptional cases?
If in cases of urgent or serious need the members of ecclesial communities are unable
to have recourse to their minister, or in times of persecution or in refugee situations
provided they are properly disposed and reveal a personal faith in the real presence of
the Lord they can be welcomed to do so. In other cases it is not possible.40
However, if one is a member of Oriental Church including the Jacobite Church, in case
of serious spiritual need, their members may be admitted to into the reception of the
sacrament if they are properly disposed and they ask it in their own accord. The same
provision is granted to a Catholic who lacks a minister of his own in case of spiritual
need.41
3.4.1.1.5 Regarding the Sacrament of Penance and Anointing of the Sick
Regarding the sacraments of Penance and Anointing of the Sick the same provisions
are made applicable. Under the similar circumstances mentioned regarding Eucharist
these sacraments can be conferred to Christians of other Churches only if they request
spontaneously and in faith. The Anointing of Sick can be given to the other Christians
in the danger of death if they have faith in the Sacrament.42
39 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 75. 40 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 76. 41 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 75.
42 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 77.
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3.4.1.1.6 Regarding Mixed Marriage
If the mixed marriage is held in an Eucharistic celebration, when the other party is
from an Oriental Church, the celebration and sharing of the Eucharist could be
encouraged, as the marriage is a good reason to share the Eucharist. If the other partner
belongs to the Churches of Reformation, if he/she manifests a real faith in the
sacrament and is properly disposed, Eucharistic sharing may be permitted by way of
exception. Such provision can also be given to the family members of the non-Catholic
partner if they have a similar faith.43
3.4.1.2 The Particular Law of the Syro-Malabar Church
The Particular Law of the Syro-Malabar Church based on CCEO c. 671 §5 which
gives provision for the particular law to issue norms related to mixed marriages, has
provided some useful norms regarding this matter. Article 181 §3, 3º in Title X of Part
I of CPLSMC is of special interest to us.44 Normally mixed marriage celebrated
according to the Catholic form takes place outside the Eucharistic liturgy. However
for a just cause the local hierarch may permit the celebration of the Holy-Quarbāna, if
it a marriage with a non-Catholic oriental. The norm is as follows:
Article 181 §3: The following norms for the celebration of the inter-Church marriages are to
be observed:
3° On the occasion of these celebrations the couple, and any member of their families
who belong to these Churches, are allowed to receive the Divine Eucharist in the
Church where the sacrament of matrimony is being celebrated.45
The CPLSMC also sets up norms for the pastoral care of the Catholic-Syrian Orthodox
inter-Church families. One of these guidelines Article 181§4, 3° states that
Each partner is to be advised to attend the liturgical celebrations of his/her respective Church,
but the couple may be allowed to participate jointly in the Eucharistic celebration on special
occasions when this joint participation is socially required. 46
43 The Commission for Ecumenism and Dialogue, Guidelines for Ecumenism: Towards an Ecumenical
Life-Style, 81-82. 44 Sebastian Payyappilly, Mixed Marriage in the Code of Canons of the Eastern Churches and the
Particular Law of the Syro-Malabar Church, 242. 45 Code of the Particular Law of the Syro-Malabar Church (Mount St. Thomas: Syro-Malabar Major
Archiepiscopal Curia, 2013), 37-38. 46 CPLSMC 181 §4, 3°.
82
3.4.1.3 Agreement with the Malankara Orthodox Syrian Church
The Malankara Orthodox Syrian Church is a member of the Oriental Orthodox family
and also an autonomous47 and autocephalous church.48 In the local language this
Church is called Methrankakashi.49
In the year 1989 the Catholicos 50 of the Malankara Orthodox Church Moran Mor
Baselios Mar Thoma Mathews I, visited the Holy Father Pope John Paul II. An official
declaration on Christology was issued explaining that the Christological confessions
of both the Churches were in agreement.51 As a result of this agreement a mixed
international commission between the Roman Catholic Church and the Malankara
Orthodox Syrian Church was formed. The first meeting of this commission was held
in Kottayam from 22-25 October 1989.52 During the course of this meeting they
formed a sub-commission to study the problem of the mixed marriages between the
members of the Catholic Church and those belonging to the Malankara Orthodox
Syria. The sub-committee presented her report of study to the mixed commission on
the occasion of her second meeting held in Kottayam from 9-12 December 1990.
Based on this report the commission strived to arrive at one agreement: it’s a shared
belief around the sacramental reality of marriage, but a strict discipline about the mixed
marriages between the members of both the Churches. The commission studied the Ad
interim report presented by the sub-committee and remained conscious about the need
to carefully remove the obstacles impeding the restoration of ecclesial communion
between the two Churches.53
47 An “autonomous” Church is self-governing to a certain degree in its internal matters, but its head is
appointed or confirmed by the autocephalous Church which nurtures it. An autonomous Church also
receives its Holy Chrism from its “Mother Church.” 48 An “autocephalous” Church is completely self-governing. It elects its own primate and has the right
to consecrate its own Holy Chrism, among other prerogatives unique to autocephalous Churches.
The term “autocephalous” literally means “self-heading.” 49 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the Context
of Inter-Church Relations in India,” 155. 50 Catholicos is the title used by head bishops of regions within the Patriarchate of Antioch having self-
ecclesiastical and autonomous status from the ancient period. The word "Catholicos" means
"Universal" - the same word from which the name of the Catholic Church also derives. 51 Mathew Kochupurackal, “Ecumenical Significance of CCEO with Special Application in the Context
of Inter-Church Relations in India,” 155. 52 The Secretariat for Promoting Christian Unity, Information Service 72 (1990/I), 2-3. 53 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
32.
83
Eventhough the Catholic Church and the Orthodox Syrian Church have mutual
recognition regarding the validity of the sacraments, an agreement on mixed marriages
has not yet been reached because the Orthodox Syrian Church doesn’t accept mixed
marriages. They hold that they cannot have two Eucharistic communions in the family,
that is, husband following a Church and the wife another. This position of the Orthodox
Church is an obstacle for lawful mixed marriages. It is said that even a Catholic
faithful is received into the Orthodox Church only after Anointing with the Chrism.54
3.4.1.4. Dialogue between the Catholic Church and the Malankara Syrian
Orthodox Church
The Catholic Church and the Malankara Syrian Orthodox Church have been in
continuous dialogue. The Malankara Syrian Orthodox Church follows the decisions
and agreements made between the Catholic Church and the Syrian Antiochene Church.
A pastoral agreement was signed between John Paul II and Mar Ignatius Zakka II, on
23 June 1984. This agreements was based upon sacramental hospitality for the faithful
of the Syrian Orthodox and the Roman Catholic Churches.55
The chief contents of this agreement are:
Since it is the chief expression of Christian unity between the faithful and between bishops and
the priests, the Holy Eucharist cannot be con-celebrated by us. Our identity in faith though not
yet complete entitles us to envisage collaboration between our Churches in pastoral care, in
situation which are frequent both because of the dispersion of the faithful throughout the world
and because of the precarious conditions of these difficult times. It is not rare in fact, for our
faithful to find access to the priest of their own Church materially or morally impossible.
Anxious to meet their needs and with their spiritual benefit in mind, we authorise them in such
cases to ask for the sacraments of Penance, Eucharist and Anointing of the sick from lawful
priests from either of our two sister Churches, when they need them.56
The mixed commission of dialogue between the Catholics and Malankara Syrian
Orthodox signed an agreement on 25 January 1994 on interecclesial marriages. This
agreement was prepared taking into account the following elements of the Common
Declaration of Pope John Paul II and the Syrian Orthodox Patriarch Zakka I dated 23
June 1984.57 Following was the agreement:
54 Mathew Kochupurackal, “Sharing Spiritual Activities and Resources Between the Catholic Church
and the Non-Catholic Churches,” Eastern Legal Thought, vol. 9&10 (2010-2011), 102. 55 Information Service 55 (1984/II-III), 59. 56 Information Service 55 (1984/II-III), 61-63 57 Mathew Kochupura, “Ecumenical Significance of CCEO with Special Application in the Context of
Inter-Church Relations in India,” 150.
84
i) The common profession of faith between the Pope and the Patriarch on the mystery of the
Incarnate Word.
ii) The common affirmation of their faith in the mystery of the Church and the sacraments.
iii) The possibility by the declaration for a pastoral collaboration including the mutual admission
of the faithful belonging to both the Churches to the reception of the Sacraments of Penance,
Eucharist and the Anointing of the Sick for a grave spiritual need.58
Considering the above mentioned declaration, the Malankara Syrian Orthodox and the
Catholic Church agreed on certain norms. Following is the summary of these norms:
i) Acceptance of both the Churches regarding the sacredness and indissolubility of the
sacramental bond of marriage, wherein the conjugal relationship is the expression of
communion and the means to achieve this goal.
ii) In case of inter-Church marriages both the Churches should facilitate the celebration of the
sacrament of matrimony in the either Church, allowing the respective spouse the right and
freedom to retain his/her ecclesial communion with appropriate documents and information.
At the same time on such occasions the couple as well as their family members of either of the
spouses are allowed to participate in the Holy Eucharist in the Church where the sacrament of
matrimony is celebrated.59
After this agreement there followed some pastoral guidelines in the same year. The
Guidelines to be followed in preparation of Inter-Church Marriages are as follows:
i) The pastors of both the partners are bound to uphold the sanctity, harmony and unity of the
marriage.
ii) If they insist on conducting inter-Church marriage they should be instructed properly about the
agreement reached between the Syrian Orthodox Church and the Catholic Church on inter-
Church marriages.
iii) If should be stressed that, while each partner hold his/her ecclesial faith as supreme or
paramount, he/she should respect the ecclesial faith of his/her partner.
iv) A pre-marriage preparatory course and a premarital counselling session are highly
recommended.
v) The bride and bridegroom, after mutual consultation may select the Church in which the
marriage is to be celebrated.
vi) Written permission for inter- Church marriage from the respective bishops should be obtained
by the bride/bridegroom
vii) Banns should be published in the respective churches, which also announce that it is an inter-
Church marriage.60
Some guidelines in the Celebration of inter-Church Marriage were also drawn up:
i) The liturgical minister should be the parish priest of the church where the marriage is
celebrated, or his delegate from the same ecclesial communion.
ii) There is to be no joint celebration of marriage by the ministers of both Churches. The marriage
is to be blessed either by the Catholic or by the Syrian Orthodox minister.
58 Mathew Kochupura, “Ecumenical Significance of CCEO with Special Application in the Context of
Inter-Church Relations in India,” 150-151. Cf. Information Service 55 (1984/II-III), 62. 59 Information Service 55 (1984/II-III), 65. 60 Mathew Kochupura, “Ecumenical Significance of CCEO with Special Application in the Context of
Inter-Church Relations in India,” 152.
85
iii) The Malankara Syrian Orthodox Church which is an autonomous church under the authority
of the Syrian Orthodox Patriarch, possesses true sacraments, notably the priesthood and
Eucharist, therefore the bride and the bridegroom are allowed to receive the communion
together in whichever Church the wedding Eucharist takes place. This provision is further
extended to the family members of the bride and the groom.
iv) Proper entries should be made in the church registers, and marriage certificates should be
issued for a record to be made in the register of the other church. 61
3.4.2. Eucharistic Communicatio in Sacris with the East Syrian Assyrian Church
There has always been an ongoing rapport between the Catholic Church and the
Assyrian Church of India. The Assyrian Church of India belongs to the larger part of
the Oriental Assyrian Church. The Christological declaration between Pope John Paul
II and the Catholicos Patriarch of the Oriental Assyrian Church Mar Dinkha IV in 1994
forms the basis of the dialogue between the Catholic Church and the Assyrian Church
in India.62 Concerning the matters of Christological faith and the sacraments, both the
heads declared:
Apart from Christological differences that there were now united we confess the same faith in
the Son of God who became man and because of us, that by his grace, we have become children
of God. From now on, we wish to witness together to this faith in him who is the way, the truth
and the life, proclaiming it in a most suitable way for men of our time, so that the world may
believe the gospel of salvation….Living by this faith and these sacraments, the Catholic
Churches in particular and the particular Assyrian Churches can therefore recognise each other
as sister Churches. 63
Furthermore, in July 2001, some more guidelines were given for admission to
Eucharist between the Chaldean Church and the Assyrian Church of the East and were
subsequently processed by the Pontifical council for the promotion of Christian unity
in agreement with the Congregation for the Oriental Churches. One of these guidelines
took into account the question of the validity of the Eucharist celebrated with the
Anaphora of Addai and Mari, one of the three anaphora traditionally in use in the
Assyrian Church of the East.64 It was therefore affirmed:
i) In the first place, the Anaphora of Addai and Mari is one of the most ancient Anaphora’s,
dating back to the time of the very early Church; it was composed and used with the clear
intention of celebrating the Eucharist in full continuity with the Last Supper and according to
61 Mathew Kochupura, “Ecumenical Significance of CCEO with Special Application in the Context of
Inter-Church Relations in India,” 153. 62 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
35. Cf. Information Service 56 (1984/IV), 88. 63 Information Service 56 (1984/IV), 88. 64 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
35. Cf. Information Service 106 (2001/I), 86.
86
the intention of the Church; its validity was never officially contested, neither in the Christian
East nor in the Christian West.
ii) Secondly, the Catholic Church recognises the Assyrian Church of the East as a true particular
Church, built upon orthodox faith and apostolic succession. The Assyrian Church of the East
has also preserved full Eucharistic faith in the presence of our Lord under the species of bread
and wine and in the sacrificial character of the Eucharist. In the Assyrian Church of the East,
though not in full communion with the Catholic Church, are thus to be found "true sacraments,
and above all, by Apostolic succession, the Priesthood and the Eucharist".
iii) Finally, the words of Eucharistic Institution are indeed present in the Anaphora of Addai and
Mari, not in a coherent narrative way and ad litteram, but rather in a dispersed euchological
way, that is, integrated in successive prayers of thanksgiving, praise and intercession.65
The pastoral motive behind this agreement was owing to some problems faced by the
faithful of these Churches. Due to certain circumstances many faithful of these
Churches left their motherland and moved to Middle East, Scandinavia, Western
Europe, Australia, and Northern America. In this situation one cannot expect to have
a priest of their rite. The above agreement in this situation can be of great help and
nourishment to the faithful.66 In India the Syro-Malabar Church, is a part of Chaldean
tradition comes very close to the Assyrian Church. Both the Churches can recognise
each other in the matters of the sacraments, especially with regard to the Eucharist.
3.4.3 Agreement on the Sacrament of Anointing of the Sick
This agreement is between the Catholic Church and Malankara Orthodox Syrian
Church. The agreement takes into consideration two facts: i) The particular status of
the Oriental Orthodox Churches as recognised in the decree of the Second Vatican
Council. Exceptional permission is given for administration and reception of the
Sacraments in relation to the members of the Oriental Orthodox Churches. ii) The
particular status of the Catholic Church is recognised in the Synodal decisions of the
Malankara Orthodox Church. Basing on these two facts the faithful can approach the
minister of the other Church to receive the Sacrament of Anointing of the Sick, who
may administer the sacrament in his own liturgical rite.67
65 Information Service 108 (2001/IV), 149-150 66 Mathew Kochupura, “Ecumenical Significance of CCEO with Special Application in the Context of
Inter-Church Relations in India,” 157. 67 Mathew Kochupurackal, “Sharing Spiritual Activities and Resources Between the Catholic Church
and the Non-Catholic Churches,” 104.
87
3.4.4. Agreement on Sharing of Sacred Places
According to CIC c. 933 and CCEO c. 705 §2, the priest with the permission of the
Local ordinary/hierarch can celebrate the Mass/Divine Liturgy in a non-Catholic
Church.68 Based on these provisions of CIC and CCEO, the competent authorities of
both the Catholic Church and the Malankara Syrian Orthodox Church signed an
agreement on sharing of sacred places on 7 December 2010.69 The agreement begins
with the profession of faith between these Churches on the mystery of Incarnate Word
and sacraments and continues by giving the possibility for pastoral collaboration
when:70
i) A community of a Catholic/Malankara Syrian Orthodox Christian of a particular place does
not have a place for celebrating the Eucharistic liturgy or cemetery for Christian burial, the
parish priest of that community may request the diocesan bishop of the Church who owns such
a place with recommendation letter of their diocesan bishop. The Bishop after necessary
consultation with the parish priest may give the written permission indicating that this
permission does not give any claim on the land.
ii) While giving the permission for sharing of the cemetery, following conditions should be
followed: Minister of the funeral must be the minister of the person concerned. But when the
minister of one’s own Church is not available, the minister of the other Church is entitled to
officiate the ceremony, but using the liturgical text and vestments of his Church.
iii) The formalities regarding the funeral and erection of the tomb stone, cross etc. at the burial
place must be according to the norms of the parish community to whom the cemetery belongs.71
3.4.5. Dialogue between the Catholic Church and the Non-Catholic Ecclesial
Communities
It is not easy to describe the relationship between the Catholic and the Protestant
Churches in India. The Second Vatican Council admits these difficulties of dialogues
that exist between the Catholic Church and the ecclesial communities because of the
important differences that exist. The council says:
68 Dimitrios Salachas, “Divine Worship, Especially the Sacraments,” 515. 69 This Agreement was signed between H.B. Aboon Mor Baselios Thomas I, Catholicos from the
Jacobite Syrian Church and H.E. Rt. Rev. Brian Farrell, the Secretary of the Pontifical Council for
Christian Unity. 70 Mathew Kochupurackal, “Sharing Spiritual Activities and Resources Between the Catholic Church
and the Non-Catholic Churches,” 100-102. 71 Information Service 135 (2010/III-IV), 131.
88
But we must recognise that between these Churches and Communities and the Catholic Church
there exists differences not only of a historical, sociological, psychological and cultural
character but above all in the interpretation of the revealed truth.72
Eventhough it is difficult for the Catholic Church to enter into agreement with regards
to sacramental communion owing to the way they view sacraments, some unexpected
developments have taken place since the Second Vatican Council. The Catholic
Church has undertaken to dialogue with a number of these Christians.73 Let us see
some of the dialogues which the Holy See undertook with some these ecclesial
Communities.
3.4.5.1 Dialogue with the Evangelicals
The SPCU undertook a dialogue with a group of conservative evangelical group. An
agreement was reached on giving a joint witness to Jesus Christ through effective
means of evangelisation. The agreement is based on the theme of mission and not on
the differences that exist between the Catholic Church and ecclesial communities.74
3.4.5.2 Dialogue with the Baptist
The initial conversations with the Baptist began in 1984. Areas of agreement with the
Baptist includes the recognition of the saving work of God through Jesus Christ that
continues through the action of the Holy Spirit. 75 Another agreement was reached in
2010 where they accepted that both Bible and Tradition issued from the self-revelation
of the triune God in Christ. Both the Churches agree that God continues to reveal
himself to the people through the scripture and the proclamation of the Gospel.76
72 UR 19. 73 Jeffrey Gros, “Evangelical Catholic International Dialogue: Opening New Frontiers,” in John A.
Radano, ed., Celebrating a Century of Ecumenism (USA: Wm.B. Eerdmans Publishing Co, 2012),
218, http://books.google.co.in (accessed on 19/03/2015). 74 Jeffrey Gros, “Evangelical Catholic International Dialogue: Opening New Frontiers,” 221. 75 Suasan K. Wood, “Two Phases of Baptist- Roman Catholic International theological Conversations,”
in John A. Radano, ed., Celebrating a Century of Ecumenism (USA: Wm.B. Eerdmans Publishing
Co, 2012), 268, http://books.google.co.in (accessed on 19/03/2015). 76 Suasan K. Wood, “Two Phases of Baptist- Roman Catholic International theological Conversations,”
274.
89
3.4.5.3 Mennonite and Roman Catholic Dialogue
In the year 1998 the Mennonite World Conference (MWC) and the Pontifical Council
for Promoting Christian Unity (PCPCU) met in Strasbourg, France. The dialogue was
given a threefold task i.e. to share information about each other, to gain understanding
of each other’s position and to overcome longstanding prejudices. In this dialogue it
emerged the common beliefs of both like: conception of the Church as people of God,
the body of Christ, and the dwelling place of the Holy Spirit; primacy of scriptural
authority and apostolic teaching; giving a joint witness of peace.77
3.4.5.4 Concluding Remarks regarding the Ecclesial Communities
Three things are essential for the Church i.e. Faith, Sacraments and Ecclesiastical
Governance (CCEO c. 27). With regard to these ecclesial communities there is a
difference with all these three aspects. Because of this attitude of the ecclesial
communities even dialoguing won’t help in achieving the purpose of unity. Many of
these ecclesial communities look at unity from different perspective. According to
them it is enough if we share what we have in common belief. Let us put into practice
the commandment of love through the promotion of human welfare.
3.5. Some of the Impediments that Exist on the Way to Communion
As we begin this section we need to keep the words of Pope John Paul II from his Post-
Synodal Exhortation Ecclesia in Asia:
With the Church spread throughout the world, the Church in Asia will cross the threshold of
the Third Christian Millennium marvelling at all that God has worked from those beginnings
until now, and strong in the knowledge that "just as in the first millennium the Cross was
planted on the soil of Europe, and in the second on that of the Americas and Africa, we can
pray that in the Third Christian Millennium a great harvest of faith will be reaped in this vast
and vital continent.78
Asia is the largest continent and is the home of two-thirds of the world’s population
with China and India accounting for almost half of the globes population with a lot of
cultural differences. For all people to come together in the grace of God, communion
needs to be restored among those who believe in Jesus Christ.79 This communion needs
77 Helmut Harder, “Catholics and Mennonite in Search of the Spirit of Unity and Bond of Peace,” in
John A. Radano, ed., Celebrating a Century of Ecumenism (USA: Wm.B. Eerdmans Publishing Co,
2012), 283-295, http://books.google.co.in (accessed on 19/03/2015). 78 John Paul II, Post-Synodal Exhortation Ecclesia in Asia 1, 6 November 1999, AAS 92 (2000), 482-
487. 79 EA 30
90
to appear even more strongly in India where precisely the number of Christians is
proportionately small and division among Christians, which is seen as counter-witness
to Jesus Christ, makes this work even more difficult. A great task that lies ahead of us
is to identify the obstacles that can prevent this work of unity.80 In this section we will
see some of the impediments that exist on the way towards full communion.
3.5.1. Caste System
The Indian culture is based on Hinduism. According to the Hindu vision the society
should be divided into four principle castes: Brahmina, Kshatriya, Vaishya and
Shudra.81 However more importantly when speaking of caste system, the caste
philosophy encompasses: Inequality between mankind based on birth, inequality of
profession and definite allocation of trade and profession to members of particular
caste, absolute and rigid social exclusion between the four main varnas and other sub-
divisions, endogamy and heredity, etc.82 The practice of caste is so deep-rooted in the
Indian society that its mark doesn’t seem to disappear.83 According to Pope John Paul
II, the caste system, tribes and classes within the church in India obscures the essential
nature of the church as communion and must be eliminated. Pope John Paul II in
number of his addresses to the Bishops of India often highlighted the problem of castes
and appealed them to pay special attention towards the abandoned. 84
The System of caste is the main impediment on the way towards full communion. The
Church in India has to do a lot in order to overcome this impediment. Education,
catechesis, Bible courses and various cultural programmes are the means through
which the Church in India strives to overcome caste system.85
80 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
39. 81 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
40 82 N.N. Sinha, “Isn’t Caste System Outdated,” Social Welfare, vol. 31, no.4 (July 1984), 14-16. 83 Mathew Parinthirickal, “Caste System: The Festering wound of the Indian Society,” VIjñānadipti,
vol. 8, no.1 (January 2006), 179. 84 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
40 85 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
41.
91
3.5.2. Inter-Ritual Problems 86
The fact that there are three sui iuris Churches in India doesn’t mean that they always
live in harmony with one another. Often enough inter-ritual problems keep springing
up related to various issues. Let us see what the some of these factors which pose inter-
ritual problems.
3.5.2.1. The Historical Character
In his post synodal apostolic exhortation, Ecclesia in Asia, John Paul II observed:
In Asia, precisely where the number of Christians is proportionately small, division makes
missionary work still more difficult…In fact, the division among Christians is seen as a
counter-witness to Jesus Christ by many in Asia who are searching for harmony and unity
through their own religions and cultures.87
St. Paul in his first letter to the Corinthians exhorts his community:
Now I appeal to you, brothers and sister, by the name of the Lord Jesus Christ, that all of you
be in agreement and that there be no divisions among you, but that you be united in the same
mind and the same purpose…. For it has been reported to me…that there are quarrels among
you… each of you says, “I belong to Paul” or “I belong to Apollos,” or “I belong to Cephas,”
or “I belong to Christ.” Has Christ been divided? Was Paul crucified for you? Or were you
baptized in the name of Paul? (1 Cor 1:10-13).
Based on the above mentioned citations we can assume that when people of different
rites or religions work together there will be ample of problems. History is a witness
to this fact. In the first Chapter we have analysed how divisions came about within the
Church of India owing to many factors. The wounds of this division are still visible in
the Christian society in the way we view at each other. India was evangelised by two
great Apostles: St. Thomas and St. Francis Xavier. Later on many missionaries came
to India who brought along with them different traditions. Problems actually started
when these traditions took root in their respective culture. These traditions which
evolved into rites created lot of confusions in the history. Many of these confusions
have still not been blotted out from among us. Many historians write books taking into
account the faults of others. When people keep blaming each other we will never be
able to come into common terms which can be very scandalous to the other
Christians.88
86 CCEO c. 28 states that a “Rite” is a liturgical, theological, spiritual and disciplinary heritage,
differentiated by the culture and the circumstances of the history of the peoples, which is expressed
by each Church sui iuris in its own manner of living the faith. 87 EA 30 88 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
43.
92
On 17 November 2002 the Syro-Malabar Church and the Latin Church commemorated
and celebrated together the 1950 anniversary of the arrival of the apostle Saint Thomas
to India and the 450 anniversary of the death of San Francis Xavier. The prefect of the
Propaganda fide who presided over the Eucharistic celebration during one of these
events put forward the role of Saint Thomas and the role of Saint Francis and said that
God had used them as instruments to evangelise the Sub-Continent, to teach about the
kingdom of God to the people of India and more than that to teach love of God and
love for the neighbour.89
Since we are missionary fruits of these great saints we are called to imbibe in us the
same spirit with was made manifest in them. Infact, in them was made visible the spirit
of Jesus Christ which means that whoever met them, met Jesus Christ. If love and unity
was the hallmark of the early church we are called to give Jesus Christ to the society
in the same manner and not in a divided state.
3.5.2.1. The Liturgical Character
Orientalium ecclesiarum while making a distinction regarding the “rites” upholds the
dignity of these rites whether they originated in the East or in the West. At the same
time it also gives an equal rank to all the sui iuris Churches who are under the direction
of the Roman Pontiff.90
The Catholic Church in India is comprised of sui iuris Churches following three
different rites i.e. the rite of the Syro-Malabar Church which is based on Chaldean
Tradition, the rite of the Syro-Malankara Church which originated from the
Antiochene Tradition and the Latin Rite. It is often true that there is an ignorance and
suspicion surrounding these rites. The ignorance of these liturgical tradition especially
in the practical norms, creates confusion and sometimes divisions among the faithful.91
Pope John Paul II on 19 December 1985, during the ad limina visit of the Syro-Malabar
and Syro-Malabar bishops spoke about the diversity of the rites which is a
manifestation of the Church’ unity. According to John Paul II the diversity between
the different rites that exists in India is in no way opposed to the unity of the Church,
89 Cf. Homily of Cardinal Crescenzio Sepe at the Mass in Marine Drive Ground, Ernakulam (Kerala),
17 November 2002,http://www.vatican.va/romancuria/congregations/cevang/doc/rc_sepe-homily-
ernakulam (accessed on 05/01/2015). 90 OE 3. 91 Francis Nelson, Communicatio in Sacris e La Sua Applicazione nel Contesto Interecclesiale in India,
44.
93
but it enhances the splendour of the Church and contributes to her mission. He
therefore urged them to safeguard the traditions wholly and entirely while adjusting to
the various needs of time and place.92 That is why we are called to be a source of unity
and reconciliation within our Churches. This unity starts at the local level and then
spreads throughout the world, because all division is an obstacle to the spreading of
the Gospel.93
3.5.2.2. The Jurisdictional character
In a developing country like India today we see a lot of migration taking place from
the villages to the big cities. The reasons can be work, economic motives, religious
motive etc. The effects of this migration is strongly felt in the Church. As a result of
this migration we see the Catholics of all the three rites are scattered all over India.
The documents of the council provide precise rules for taking care of the faithful of
the different rites. The conciliar decree on the pastoral office of the Bishops in the
Church, Christus Dominus decrees:
Accordingly, where there are believers of different rites, the bishop of that diocese should make
provision for their spiritual needs either by providing priests of those rites, or special parishes,
or by appointing episcopal vicars, with necessary faculties… Alternatively, the bishop himself
may perform the functions of an Ordinary for each of the different rites. And if the Apostolic
see judges that, on account of some special circumstances, none of these alternatives are
practicable, a special hierarchy should be established for each different rite.94
Further Orientalium ecclesiarum states:
Provision must be made therefore everywhere in the world to protect and advance all these
individual churches. For this purpose, each should organize its own parishes and hierarchy,
where the spiritual good of the faithful requires it.95
John Paul II addressed regarding this similar problem to the Bishops in the year 1986.
He urged that provisions be made everywhere for the preservation and growth of the
individual Churches and for this he suggested the establishment of special hierarchy
for the spiritual good of the faithful.96
It is very important to keep this admonition of the Pope in mind. It is because the
Orientals Catholics have closer proximity to the eastern non-Catholic Churches. Due
92 Paul Pallath, Pope John Paul II and the Catholic Church in India (Changanasery: Center for Indian
Christian Archaeological Research, 1996), 62. 93 Paul Pallath, Pope John Paul II and the Catholic Church in India, 192. 94 CD 23. 95 OE 4 96 Paul Pallath, Pope John Paul II and the Catholic Church in India, 65.
94
to the above mentioned factors many of these people find themselves in a places of a
different rite. It is here that confusion creeps in. While attending the liturgical
celebrations of a different rite one is often shrouded with a cloud of ignorance. When
one is ignorant regarding the patrimony of one’s own Church, dialogue with the other
Christians becomes difficult. Everything seems to appear the same.
3.5.3. The Orthodox View of Admission to Communion
The Orthodox Churches, insist on unity before admission to communion.97 The
Orthodox view that there exists full communion or no communion at all.98 Many
Orthodox writers often term the non-Orthodox Christians as “heretics” or
“schismatics.” According to Robert G. Stephanopoulos, the Orthodox consider the
other Christians as heretics and they are in no way members of the Church. They even
consider their Baptism as null and void. They have a less rigouristic approach towards
the schismatics who in their view are members of the Church and their return should
be a cause of joy to the Church. 99
Here we see an absolute contradiction. On one hand, the Catholic Church extends the
possibility of sharing the spiritual resources to the Orthodox Christians and at the same
time allows Catholics to receive sacraments from Orthodox clergy. On the other hand,
most of these churches do not allow Catholics to receive Holy Communion and would
not encourage their members to receive the Eucharist in Catholic Churches. This kind
of attitude is a clear obstacle towards full communion.100
3.6. Risks that are involved in Sharing of the Sacraments
Normally, the Catholics are not permitted to receive sacraments from non-Catholic
ministers. Many times people wonder, if people are mainly of good will and if the
sacraments are helpful to us why is the Catholic Church so restrictive about openly
receiving the sacraments? Why do we place so many restrictions when it comes to
97 Philippe Larere, The Lord’s Supper: Towards an Ecumenical Understanding of the Eucharist, trans.
Patrick Madigan (Collegeville: The Liturgical Press, 1993), 65. 98 Geoffrey Wainwright, Doxology: The Praise of God in Worship, Doctrine, and Life (Oxford: Oxford
University Press, 1980), 6. 99 Robert G. Stephanopoulous, “Implications for the Ecumenical Movement,” The Ecumenical Review,
vol. 44, no. 1 (1992), 19. 100 Jeffrey Vander Wilt, Communion with Non-Catholic Christians (Minnesota: The Liturgical Press,
2003), 34.
95
sacraments? In this section we will examine some risks that are inherent when it comes
to sharing of the sacraments.
3.6.1. Failing to Agree in Eucharistic Doctrine
Eucharistic sharing presupposes the knowledge of the nature, meaning and purpose of
the Eucharist. According to the document One Bread One Body 101 there are three
characteristic elements of Catholic faith in the Eucharist: i) Real Presence;102 ii)
Sacrifice;103 iii) Ecclesial Ministry;104 According to many Protestant Churches the
Eucharist is just a symbolic rite.105 They deny the sacrificial nature of Eucharist by
saying that Eucharist is just a symbol of grace.106 Many of the Catholics and non-
Catholics differ in their understanding of the real presence of Christ in the Eucharist.
The Protestants mainly reject the terminology of “transubstantiation”. The Christian
community is wounded when Christians fail to discern the presence of Christ. This
implies that whatever we do it will not be done in the spirit of Christ. The spirit of
Christ is to carry the Cross for others, to be good Samaritans when this doesn’t happen
it is a great blow to the Church.107
3.6.2. Failing to Unite in the Church of Christ
The risk of sacramental sharing is not that we would fail to unite as a human
community. The great risk in sacramental sharing is that we would unite in a wrong
way. We risk uniting in a way that asks the other people to sell out their souls to
conform to our desires. The risk in a premature Eucharistic sharing is that we would
unite in an insubstantial way. We will have unity but no communion. We will establish
unity instead of communion, foster globalization instead of catholicity, claim God’s
election for ourselves instead of proclaiming salvation through Christ for all.108
101 A Teaching Document on Eucharist in the Life and Nature of the Church, and General Norms on
Sacramental Sharing Issued by the Catholic Bishops Conferences of England and Wales, Ireland
and Scotland in 1998. 102 The Belief in the Real Presence of Jesus in the Eucharist. 103 An Understanding of the Eucharist as a Sacramental Participation in the Sacrificial Death and
Resurrection of Jesus. 104 The Understanding that the Eucharist is an act of the whole Church as it offers to God and receives
itself from God through the Mediation of the Clergy. 105 Dave Amstrong, The One Minute Apologist (Bangalore: Alpha Media, 2008), 58. 106 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 55. 107 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 65. 108 Jeffrey Vander Wilt, Communion with Non-Catholic Christians (Minnesota: The Liturgical Press,
2003), 80-81
96
3.6.3. Failing to Maintain the Apostolic Succession
In the ecumenical spheres one of the difficulties to enter into dialogue with the non-
Catholic ecclesial communities is that they have not maintained the apostolic
succession and hence they find it difficult to arrive to an understanding of ministry and
ordination.109 For the validity of Eucharist, Penance and Anointing of the Sick you
need real priesthood. This also helps in part why the Catholics may not receive these
Sacraments from non-Catholic ministers. The Catholic Church prohibits sacramental
sharing with Protestants since those churches have broken with apostolic succession
which is linked to the communion of churches. There is no apostolic succession outside
the full communion.110 One risk in a more open sacramental sharing is that we would
welcome Christians to the table who have no intent to live in relationship with the local
church, its members and its authorities.111
3.6.4. Expressing a Nonexistent Unity
We must have unity before we can express it in the sacrament of unity. The risk in
Sacramental sharing, especially Eucharist is that we would have expressed a lie. With
the reception of these sacraments we say that we are one without really being one.112
This kind of unity overlooks the kind of unity that we look for based on an authentic
relationship. The unity that Christ offered to his disciples is of oneness to others and
God and subsequently handed it over to the Church who is now responsible for the
unity of mankind. Without realising God’s call to unity, sacramental sharing is just a
risk.113
3.6.5. Indiscriminate Reception of Holy Communion
A more open sacramental sharing risks that we might offer hospitality to “church
hopper.” The church hopper is a person who moves from Church to Church, in order
to look for hospitality of the local communities. In this situation the way in which
church authorities respond to the church hopper is a more serious risk than whether
the churches allow church hopper to receive Holy Communion. In dealing with such
109 Meinrad Scherer- Edmunds, “Let’s Stop Posting Bouncers at the Table of the Lord,” U.S. Catholic
(June 2000), 24. 110 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 81. 111 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 96. 112 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 98. 113 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 109.
97
people the church has to strike the right balance keeping in mind the story of
Zacchaeus. 114
114 Jeffrey Vander Wilt, Communion with Non-Catholic Christians, 119.
98
Conclusion
We have seen that the Catholic Church has come forward with a much liberal stand
regarding non-sacramental and sacramental sharing with the non-Catholic Christians,
especially with the Eastern non-Catholic Churches. Over the years we have also seen
open and sincere dialogue taking place between the Catholic Church and other
Churches and ecclesial communities.
We have examined the agreements recently made between the Catholic Church and
Orthodox Churches in India. Those agreements are based on the common profession
of faith on the mystery of Incarnate Word and the development in the understanding
of the common faith in the mystery of the Church and the sacraments. Besides this the
agreement on sharing of sacred places is also very useful as it provides for sharing
church buildings for divine worship, liturgical objects and above all cemeteries. It is a
big blessing especially for the Churches which do not have proper buildings for
worship and cemeteries of their own.
The two signs that conquered the entire Roman Empire were “Love and Unity”. Today
in order to re-evangelise the de-sacralised society there is an urgent need of a clearer
and more concrete witness of the same “Love and Unity” which existed in the early
church. St. John Paul II recalling the vision of St. Elias Kuriakose Chavara said that,
no apostolic cause was dearer to the heart of this great man of faith than of the unity
and harmony within the Church. Today this same luminary of unity is a saint because
of his efforts to resist the threats of disunity and to encourage the clergy and faithful
to maintain unity with the See of Peter and the universal Church. As we salute these
heroes of India, let us also realise our mission in the call to unity.
99
GENERAL CONCLUSION
Before the Second Vatican Council, the Catholic Church could think of ecumenism
only in terms of return of the non-Catholic Churches and ecclesial communities to the
Catholic Church. But with the council, a change in the attitude began to take shape
officially. The decree on ecumenism Unitatis redintegratio approved certain non-
Catholic groups as Churches with valid sacraments and apostolic succession. Further,
it also recognized the authority of the non-Catholic Churches and Ecclesial
communities to govern themselves according to their own disciplines. This affirmation
of the council is a milestone in the history of the ecumenism.
In the first Chapter on one hand, we saw the history of the Church in India, how the
gospel was preached due to the extraordinary zeal of St. Thomas the Apostle. Later as
the Church grew in number there were a number of discords, especially when the St.
Thomas Christians came in touch with the Portuguese. As a fruit of these discords a
number of divisions arose within the Church in India. If we take a real survey of why
this happened, we will discover that the Church especially in the Middle Ages became
more and more commercialised. When the Portuguese came to India, they entered into
relationship with the St. Thomas Christians because they were the masters of spice. So
the primary occupation was business. The gospel came only next. We can see the
consequences of what happened later. However, on the other hand we see how the
Catholic doctrine has developed a rich theology based on her unity and diversity. This
infact was the hallmark of the early Church. The uniqueness of the early Church lies
in the fact that inspite of the diversity that existed within her; the essential unity was
never lost. This was because the early Church upheld the spirit of Communion. This
Communion in Jesus Christ was the secret of unity in the early Church. That is why
the Gospel of Christ when engendered with the spirit of communion can reap abundant
fruits.
The Second Vatican Council tried to go back to the same spirit. That is why in the
second Chapter we see that even after so many factions around her, the Catholic
Church has opened up new ways to reach the separated brethren. In the wake of this
context, the Church is ready to share her spiritual resources, sacramental as well as
non-sacramental. This is how we see specific norms regarding communicatio in sacris.
100
We have seen that this concept was present in Church especially in the mission lands,
in the middle ages, but there were no fixed regulations with regard to this. The 1917
Code of Canon Law also made a reference to non-sacramental communicatio in sacris
but sternly condemned sacramental communicatio in sacris. However, in the Second
Vatican Council we see a novelty. The council dedicated two of her decrees for
Ecumenism, Unitatis redintegratio and Orientalium ecclesiarum. And it is of in the
context of Ecumenism both the decrees spoke a mutual communicatio in sacris. The
Ecumenical directory of 1963 elaborated further norms on this topic. Based on these
documents, we find how the Codes of Canon Law have stipulated their norms in CIC
c. 844 and CCEO cc. 670 and 671. In comparing both the Codes we find a few
differences. However, one notable difference is that the CCEO make a clear distinction
between sacramental and non-sacramental communicatio in sacris. In applying these
norms stipulated by the Codes of Canon Law, we have to keep in mind the basic
principle, that, communicatio in sacris is not to be used as a means to promote
ecumenism. It is only to be used in case of pastoral necessities.
In the third Chapter, we have seen that after the Council the Catholic Church has
entered into common Christological declarations with a number of Eastern non-
Catholic Churches. Regarding matters of faith many things have been harmonised. The
Catholic Church recognises that the Eastern non-Catholic Churches possess true
sacraments, above all apostolic succession, valid Priesthood and Eucharist. Thus an
ecclesiological ground has been fixed for permitting and encouraging sacramental and
non-sacramental sharing between these Churches. These Churches still lack full
communion as they still have not accepted the bishop of Rome and the successor of
Peter as their visible head. Among the Eastern non-Catholic Churches, the Syrian
Orthodox Church stands in the forefront to have very close relationship with the
Catholic Church. These two Churches have succeeded to make an agreement on inter-
Church marriages. It is to be noted that the term ‘mixed marriage’ is not used in this
agreement. The only difference with regard to the conduct of such marriages is that
that they need the permission of the respective Bishops. The agreement is a consolation
for both the Catholic and the non-Catholic partners who happen to choose inter-Church
marriages and at the same time wish to live according to their own faith and ecclesial
traditions. With regards to the Ecclesial communities of Reformation a considerable
101
progress has been made, a lot has still to be achieved because the sacrament of order
is lacking in these Ecclesial communities. However, there lies one problem i.e. lack of
awareness among the clergy and the lay people about these provisions in the Catholic
Church. This is because of lack of adequate training both for clergy and laity with
regards to ecumenism. It is noteworthy that Unitatis redintegratio commends that
sacred theology and other branches of knowledge, especially those of a historical
nature must be taught with due regard from the ecumenical point of view, so that they
can correspond exactly to the facts.1 Keeping this view of the decree, it is very
important that the seminaries should see that the future priests should have mastered a
theology that is concerned about the relations of separated brethren with the Catholic
Church.
Both the Catholic and non-Catholic Eastern Churches share to a great extent the same
basic patrimony of theology, spirituality, liturgy and discipline. Therefore the Eastern
Catholic Churches have more responsibility to foster unity. This is also because of the
fact that they can have more mutual understanding and appreciation. The CCEO has
done justice to this by inviting the Christian faithful for work for the restoration of
Christian unity through better knowledge of each other and brotherly respect. This
added responsibility on the Eastern Catholic Churches doesn’t mean that the Latin
Church is exempt or can abstain from ecumenical activities. We must remember that
all the three Churches: The Latin Church, The Syro-Malabar Church and the Syro-
Malankara Church are part of One, Holy, Catholic and Apostolic Church. Therefore
the more we work in communion the better results will be seen.
The Church in India is flourishing, in particular in the south, where the Christians are
in majority. In the past there have been few difficulties of collaboration between the
churches where the Catholics follow three rites (The Latin rite, The Chaldean rite, The
Antiochene rite). Over these problems there are many other problems which the
Church in India faces like caste system, corruption, etc. In this situation the Bishops
have a very important role in maintaining communion within the Catholic Church at
the same time communion between the Catholic Church and the other Churches and
Ecclesial communities.
1UR 10
102
CIC c. 844 § 5 and CCEO c. 671 §5 stipulate that particular norms are to be enacted
by the Diocesan Bishops/ Particular law/ Bishops Conference in consultation with the
local competent authorities of the non-Catholic Churches or Ecclesial communities.
This norm in the context of India is particularly ignored. Very few Dioceses/Eparchies
have taken initiatives to enumerate norms regarding the situations which favour
communicatio in sacris. India is getting more and more commercialised as a result a
number of rural people have started migrating to almost all the important parts of India.
At the moment we have a lot of priests to cater to the spiritual needs of the people.
However, considering the fact of a sharp decline in priestly vocations in the near future
we may encounter situations where we will have shortage of priests. In the similar
manner the brothers of non-Catholic Church or community may also face a similar
situation. That is why the Episcopal conferences should enact out more norms in order
to regulate the discipline of communicatio in sacris. True ecumenism according to me
should start not from the hierarchy but from simple people. After the Second Vatican
Council God has raised a number of realities through simple people. One such reality
is the Neo-Catechumenal way. After having walked the itinerary of the Neo-
Catechumenal way for some years, I can testify how the sacraments Christian Initiation
can actually transform a person and instil in him the desire to always be in visible
communion of the Catholic Church. In the Neo-Catechumenal way I have experienced
the practice of a true communicatio in sacris without harming the visible unity of the
Church. Hence, the Neo-Catechumenal way is an effective instrument at the hands of
the Diocesan/Eparchial Bishops to work for the unity of Church.
Finally, Unitatis redintegratio affirms that there can be no ecumenism worthy of the
name without interior conversion.1 How can this conversion come about? With a spirit
of self-denial and unstained love. It is an old fashion to stop blaming each other for the
lack of discrepancies that have arisen in the history of India. It is time now to look at
what is wrong with me? It is only when we come to know our own weaknesses; we
can accept the weakness of the other. This is what inner conversion means. If all the
clergy and lay faithful in India achieve this inner conversion we can truly be a society
which is open for people of every tribe, nation, language and culture.
1 UR 7
103
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