THE ORDER OF MELCHISEDECH
A Defence of the Catholic Priesthood
by Michael Davies
1979 AND 1993

Appendix VI
Papal Documents Relating to Anglican Orders

The translations of documents A to C are taken from The Popes and the Ordinal by Fr. A. S. Barnes (published in 1896). The numbering of the paragraphs in the text of Apostolicae Curae was not in Father Barnes' version but has been added to correspond with the numbering in the various translations published by the C.T.S. The documents contained in this appendix are:

A) Faculties issued to Cardinal Pole by Pope Julius III in 1554.
B) The Bull Praeclara Charissimi (1555) of Pope Paul IV.
C) Declaratory Brief of Pope Paul IV (1555).
D) The Bull Apostolicae Curae (1896) of Pope Leo XIII. Click HERE.
 E) Letter of Pope Leo XIII to Cardinal Richard of Paris explaining the authority of the Bull (1896).

A). Faculties Issued by Pope Julius III to Cardinal Pole, 8 March 1554

Beloved Son, etc.,
Some time ago when it was hoped that England, which had been separated from the Catholic Church, might return to the sheepfold of the Lord and the unity of the Church:

We appointed you our Legatus a latere to Queen Mary and the whole kingdom, and conceded faculties to you for, among other things, granting full absolution, etc., to all persons of either sex, both clerical and lay, and if the former whether secular or belonging to any of the religious orders, in whatsoever orders they might be, even Holy Orders; and whatsoever rank, as of bishops, etc., they might hold: who had professed any heresy or attached themselves to any new sect; on their acknowledging their errors and grieving for them, and begging to be received back into the orthodox faith:

And further, (we gave you permission) to grant them dispensations from all irregularity they might have incurred . . . so that provided that before their lapse into heresy they had been rightly and lawfully promoted or ordained, they might minister even in the ministry of the altar, and that in cases where they had not been so promoted they might now be promoted to all the orders, including Holy Orders and the priesthood, by their own ordinaries, provided they were found to be worthy and fitting subjects.

Besides these, we gave you other faculties by various letters, some under the Seal, and some in the form of Briefs, as in those letters is more fully set out.

Now, therefore, since you are now in Flanders, and likely to remain there some little time, and since doubts have been raised, perhaps over scrupulously, as to whether you can, while in those countries, use the aforesaid and other faculties which have been granted to you, and substitute and delegate the ordinaries of places in England, and other persons who are properly qualified, to use the faculties granted to you:

We by these presents do grant to your discretion full and free Apostolic authority, faculty, and power, so long as you remain in those parts, and your Legation continues, even while outside the Kingdom of England, to use all the said faculties, and all others which have been granted to you, and also those which are granted to you by these presents: on behalf of all Archbishops, Bishops, and other inferior clergy, and also on behalf of other persons who come or send to you in Flanders, with regard to Orders by them not at all or unduly received, and with regard to the gift of consecration conferred upon them by other Bishops and Archbishops who were heretics or schismatics, or otherwise unduly and not according to the Church's form, and this notwithstanding that they have rashly exercised such orders and consecration, even in the ministry of the altar . . . And further, freely and lawfully to grant dispensations to those who have received Cathedral and Metropolitan Churches from the hands of laymen and schismatics, so that they may preside freely and lawfully as Bishops and Archbishops over such Cathedral Churches, or over others to which they may be lawfully translated, and may rule and govern such Churches both in spirituals and temporals, and may use the gift of consecration which they have received, or, in cases in which they have not yet received it, may now receive it from Catholic Bishops or Archbishops to be nominated by you:

And likewise to any who have already been temporally absolved and rehabilitated, so that, their past errors and excesses notwithstanding, they may freely and lawfully be appointed to any Cathedral or Metropolitan Church, and may rule and govern such Churches as Bishops or Archbishops, both in spirituals and temporals, and may be promoted to any orders, including Holy Orders and the priesthood, and may minister in them, or in orders which they have already though unduly received, even in the ministry of the altar, and likewise may receive the gift of consecration and use the same: All this notwithstanding, etc., etc.,

Given at Rome at St. Peter's under the Ring of the Fisherman, 8 March 1554. In the fifth year of our Pontificate.

B). The Bull "Praeclara Charissimi" of Pope Paul IV in 1555

Paul, Bishop, Servant of the Servants of God. For the perpetual memory hereof.

The eminent piety towards God of the illustrious (sovereigns), Our most dear son in Christ, Philip, King, and of Our most dear daughter in Christ, Mary, Queen of England and France: their sincere devotion to this Holy See and their singular zeal in the recent bringing back of the Kingdom of England to the Unity of the Church, to the profession of the true Faith, and to the obedience of Us and of the Roman Pontiff, rightly move Us that We should confirm with the force of Our approbation those measures which have issued from Apostolic authority for the peace and tranquillity of the said Kingdom . . . The aforesaid Reginald, Cardinal and Legate . . . has used the dispensing power in favour of several ecclesiastical persons, both seculars and regulars of the various orders, who by the pretended authority of the supremacy of the English Church had in a way which is null and de facto obtained various grants, dispensations, favours, and indults concerning orders as well as ecclesiastical benefices or other spiritual matters and who, upon their repentance, had been restored to the Unity of the Church that they might be able to remain in their orders and benefices, and he has offered to dispense with others who labour under the like disqualification.

We, deeming that the reconciliation of the said Kingdom, upon which depends the salvation of so many souls bought by the most Precious Blood of Our Lord Jesus Christ, and the peace and tranquillity of the kingdom itself in the profession of the true Faith and the unity of the Catholic Church, ought not to be disturbed by any affection for earthly things, and having considered and diligently discussed the foregoing with several of Our brethren, the Cardinals of the Roman Church, and having had thereupon mature deliberation, all the dispensations, decrees, confirmation, remission, relaxation and will of Reginald Cardinal and Legate, and as they concern all and each by the said Reginald Cardinal and Legate in the foregoing done and executed and in the said letters contained.

Provided always that those who have been promoted to major as well as minor ecclesiastical Orders, by any other person than a bishop or an archbishop duly and rightly ordained shall be bound to receive the said Orders anew from their ordinary, and shall not in the meanwhile minister in the said Orders.

We, by the aforesaid Apostolic authority and with certain knowledge approve and confirm, and give to them the full and perpetual force of inviolable stability, making good all and singular defects of law or of fact, if any such there should be in the same, and We decree all these things to be valid and efficacious, and to have their full effect. And notwithstanding, as a more ample precaution, We, by the same Apostolic Authority and as a special act of grace, dispense anew with all those things with which the said Reginald Cardinal and Legate as aforementioned has dispensed in the manner and form aforesaid; but so that those who have been promoted to the aforementioned Orders by any other person than a bishop or archbishop ordained as before mentioned, shall be bound to receive these Orders anew as aforementioned, and in the meantime, as We have said, shall not minister.

And all those things which the aforesaid Reginald Cardinal Legate has decreed, We decree, and to all things to which he has given the force of Apostolic stability, We also give the same force.  . . .

Given at Rome at St. Mark's, in the year of the Incarnation of Our Lord One Thousand Five Hundred and Fifty-five. The XII Kalends of July, and the first year of Our Pontificate.

C). Declaratory Brief of Pope Paul IV

For the future memory hereof.

Presiding, by the disposition of the Lord, albeit with merits insufficient, over the Government of the Universal Church, We gladly consider those things whereby all ecclesiastical persons may be enabled to minister with pure heart and sound conscience in the orders which they have received.

And whereas lately Our beloved son, Reginald Pole, Cardinal Deacon of S. Maria in Cosmedin, Legatus a latere of Us and of the Apostolic See in the Kingdom of England, has used the dispensing power in favour of several ecclesiastical persons, seculars and regulars, of the various orders, who, by the pretended authority of the supremacy of the English Church had, in a way which is null and de facto, obtained various grants, dispensations, favours, and indults concerning orders as well as ecclesiastical benefices or other spiritual matters, and who, upon their repentance, had been restored to the unity of the Church, so that they might be able to remain in their orders and benefices, and that he has offered to dispense with others who labour under the like disqualification.

We, by Our other letters under seal executed, have approved and confirmed all dispensations of this kind and all and singular matters as they concern the same, by the said Reginald, Cardinal and Legate in the aforesaid done and executed, and contained in the letters of the said Reginald, Cardinal and Legate, issued thereupon, provided that those who had been promoted to Orders, major as well as minor, by any other person than a bishop or archbishop duly and rightly ordained should be bound to receive the said Orders anew, from their ordinary, and should not in the meantime minister in these Orders, and by a special act of grace We have dispensed-----as in Our aforesaid letters as well as those of the same Reginald, Cardinal and Legate, is more fully set forth
-----with all those with whom the Lord Reginald, Cardinal and Legate as aforesaid, had dispensed, in the manner and form (aforesaid), provided that those promoted to Orders aforesaid by any other person than a bishop or an archbishop ordained as aforesaid should be bound to receive the said Orders anew as aforesaid, and in the meantime, as aforesaid, should not minister.

But whereas, as by several it has been lately notified to Us, that doubt has arisen as to what bishops or archbishops, during the course of the schism in the said Kingdom, can be said to be duly and rightly ordained, We, desiring to wholly remove such doubt, and to provide opportunely for the peace of conscience of those who during the aforementioned schism were promoted to Orders, by clearly stating the meaning and intention which We had in our said letters, (declare) that it is only those bishops and archbishops who were not ordained and consecrated in the form of the Church that can not be said to be duly and rightly ordained, and therefore the persons promoted by them to these Orders have not received Orders, but ought and are bound to receive anew the said Orders from their ordinary according to the tenor and content of Our aforesaid letters; and that those on whom Orders were conferred by bishops or archbishops ordained and consecrated in the form of the Church
-----even though the said bishops and archbishops were schismatics and had received in times past the Churches over which they preside from the hand of Henry VIII, and Edward VI, pretended Kings of England-----have received the character of the Orders bestowed on them, and lack only the execution of the said Orders, and therefore the dispensation granted to them by Us and Reginald, Cardinal and Legate, has fully rehabilitated them to the execution , of these Orders, so that they may freely minister in the same even without their receiving these Orders anew from their ordinaries, according to the tenor of Our aforesaid letters, and that they are to be so considered by all and so adjudged by all whomsoever by whatsoever authority. And if otherwise in these matters shall happen to be attempted wittingly or unwittingly by whomsoever by whatsoever authority. We declare it to be null and void, the foregoing and Apostolic constitutions and ordinances and other things to the contrary notwithstanding.

Given at Rome at St. Mark's on the 30th day of October, 1555.

D) The Bull Apostolicae Curae (1896) of Pope Leo XIII. Click HERE.

E). The Letter of Leo XIII to Cardinal Richard on the Authority of the Bull


It is still, to some extent, a disputed question whether the Bull is to be ranked as an infallible document or not. That it is final and irreformable all theologians are agreed, and the distinction between such a decision and one that is formally infallible does not seem easy to draw.

Some theologians were inclined to argue at first that it was evident from the absence of certain customary expressions in the wording of the Bull that the Holy Father could not have intended to use his full power, and that, therefore, it was lawful for Catholics to minimize, as far as possible, the force of his words. Pope Leo XIII subsequently made his intention very clear by the following letter to Cardinal Richard which was published in the Acta Sanctae Sedis.

To our well-beloved Son, Francis Mary, Cardinal Richard, Archbishop of Paris.
Beloved Son, salutation and Apostolic benediction.

Taking heed, as Our office is, to religion and the eternal salvation of souls among the English, We have lately put forth, as you know, the Constitution Apostolicae Curae. It was Our intention thereby to deliver a final judgment and to settle absolutely that most grave question about Anglican Orders, which indeed was long since lawfully defined by Our predecessors, but by Our indulgence was entirely reheard. And this We did with such weight of argument and in such clear and authoritative tones that no prudent or right-minded man could possibly doubt what Our judgment was, and so all Catholics were bound to receive it with the utmost respect, as being finally settled and determined without any possible appeal. We must, however, confess that certain Catholics have not so responded to it, a matter which has caused Us no little sorrow. We have written this to you, beloved Son, because it especially applies to a certain journal called the Revue Anglo-Romaine, published in Paris. There are some among its writers who, instead of defending and illustrating this Constitution, try instead to weaken it by explaining it away. Wherefore you must see that nothing is put forth in this journal which is not in full accordance with Our Statements, and it will certainly be better for it to cease and be silent rather than to bring difficulties against these excellent statements and decisions.

In like manner, whereas certain Englishmen who dissent from the Catholic religion, appeared to be enquiring of Us in the spirit of sincerity what was the truth about their ordinations, but received that truth when We had declared it to them before God in a very different spirit, it clearly follows that the Catholics, of whom we have spoken, at least all the religious men amongst them, should know what their duty is. For it is no longer right or fitting for them to join in or assist in any way the plans of such people, for by so doing they might cause no small hindrance to the spread of religion which they desire.

We therefore willingly confide these serious matters, beloved Son, to your tried prudence and wisdom, and as an auspice of Divine gifts and a proof of Our special goodwill towards you We affectionately impart to you the Apostolic bendiction.

Given at Rome at St. Peter's, the fifth day of November, 1896, in the nineteenth year of our pontificate.

Leo PP. XIII



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