Valid but illicit
Encyclopedia
Valid but illicit, also known as valid but illegal, as it pertains to Roman Catholicism, refers to the unauthorized but valid celebration of the sacraments, especially regarding the ordination
s of clergy
. In the Roman Catholic Church several kinds of people have authority to celebrate the sacraments (see Catholic minister). However, to be lawful or licit, that authority must be exercised in accordance with the guidance of the church and the rules of canon law.
by persons forbidden to do so. Such cases might involve the recognition of Protestant and Eastern Orthodox baptisms by the Catholic Church because they validly use the Trinitarian formula
. The church believes any human being can baptize if they use the right form, matter and intent, but only deacons, priests and bishops are the ordinary ministers. Lay people (especially those who are not Catholic or not themselves baptized) may perform an emergency baptism
or baptize with permission (for extraordinary circumstances). Otherwise, baptism by lay people is still valid but illicit. Canon 862 of the Code of Canon law also limits the circumstances for ordinary ministers to baptize: "Except in a case of necessity, it is unlawful for anyone without due permission to confer baptism outside his own territory, not even upon his own subjects."
Simple priests (presbyters) are extraordinary ministers of confirmation and are required, in the West, to be delegated faculties to confirm, such as at the Easter Vigil. In an emergency, canon law automatically grants these. In the East, priests routinely confirm infants without any special delegation. There is theological debate, therefore, over whether the delegation of faculties are required for validity, with the East having a sort of perpetual delegation implied in its canons, or whether the faculties requirement is merely for licitity in the West.
The Pontifical Commission, Ecclesia Dei, has stated that, in accordance with canon 144, someone who confesses to a Society of St. Pius X
(SSPX) priest while genuinely not knowing that the priest does not have the required faculty will be validly absolved, but that, with this exception, the sacraments of penance and which SSPX priests are involved are not valid.
The principle remains, however, that a priest without faculties can be absolving illicitly and guilty of this himself, even if, because of genuine ignorance, the penitent is still validly absolved because of the general supplying of faculties in extraordinary situations like this. In an emergency, canon law grants any validly ordained priest the faculties to absolve.
in the Roman Rite
or Latin Rite. Roman Catholic law states the hosts must be made of wheaten flour
and water with no additions. If yeast
is added, the Eucharist is considered valid but illicit in the Roman Rite.
If, however, butter
, honey
, or eggs
are added, particularly in large quantities, or if rice
or rye
flour are substituted for the wheat flour, transubstantiation
is not considered to take place; the Mass would be illicit and invalid, according to Catholic teaching.
A priest who has been laicized or suspended or excommunicated is not to say Mass, but their Masses are still considered valid.
). Any Protestant or Eastern Orthodox marriage is regarded as valid but illicit if the husband and wife have already obtained a trinitarian baptism. The Society of Saint Pius X
's chapel marriages have a similar status to those of other Christian communities because there is currently no canonical agreement between Rome and Econe.
Divorces and remarriages of divorced people in other ecclesial communities are not regarded as valid, given that the Church regards marriage as being indissoluble. Therefore the first spouse, while living, always remains the spouse, and this cannot be changed even by additional marriage contracts.
The conditions of marriage are determined by the applicable canon law, which can change. The Church can determine the form of marriage, and set up impediments not only to licitity, but also to validity, as well as dispensing from these. In the West, for example, the couple themselves minister the sacrament to each other and the priest or bishop (in some cases a deacon or delegated lay person) is merely the required witness, whereas in the East, the priest actually acts in a judicial capacity and is the minister who actively marries the couple.
, priest
or bishop
. A valid but illicit ordination, as the name suggests, is a non-Catholic sanctioned ordination; that is, one where a bishop uses his valid ability to ordain someone without having first received permission from the Catholic Church. The bishop is therefore acting in a manner deemed illicit or illegal.
A bishop who validly but illicitly consecrates someone to the episcopate without permission from the Catholic Church is automatically excommunicated according to canon law
even though the ordination may be considered valid. Likewise the person duly consecrated a bishop, by participating in the ceremony is also automatically excommunicated. The excommunication can only be lifted by the Pope
.
Likewise, any and all subsequent ordinations or consecrations by those individuals may also be considered valid but illicit. In the 20th century, Archbishop Marcel Lefebvre
is said to have earned automatic excommunication for his valid but illicit ordinations of bishops without a papal mandate. However, his defenders argue that he acted under grave fear, which, according to canon law, excuses him from automatic excommunication. One notable case of "valid but illicit" ordinations and consecrations is the case of Catholic bishop Dominique-Marie Varlet.
Less serious transgressions are sometimes designated, in Catholic as well as Anglican churches, as "valid but irregular
".
Ordination
In general religious use, ordination is the process by which individuals are consecrated, that is, set apart as clergy to perform various religious rites and ceremonies. The process and ceremonies of ordination itself varies by religion and denomination. One who is in preparation for, or who is...
s of clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
. In the Roman Catholic Church several kinds of people have authority to celebrate the sacraments (see Catholic minister). However, to be lawful or licit, that authority must be exercised in accordance with the guidance of the church and the rules of canon law.
Baptism
The term is sometimes used to refer to the valid administration of baptismBaptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
by persons forbidden to do so. Such cases might involve the recognition of Protestant and Eastern Orthodox baptisms by the Catholic Church because they validly use the Trinitarian formula
Trinitarian formula
The trinitarian formula is the phrase "in the name of the Father, and of the Son, and of the Holy Spirit" , or words to that form and effect referring to the three persons of the Christian Trinity.- Biblical origin :...
. The church believes any human being can baptize if they use the right form, matter and intent, but only deacons, priests and bishops are the ordinary ministers. Lay people (especially those who are not Catholic or not themselves baptized) may perform an emergency baptism
Emergency baptism
An emergency baptism is a baptism administered to a person in imminent danger of death. This can be done by a person not normally authorized to administer the sacrament.-Latin Rite:...
or baptize with permission (for extraordinary circumstances). Otherwise, baptism by lay people is still valid but illicit. Canon 862 of the Code of Canon law also limits the circumstances for ordinary ministers to baptize: "Except in a case of necessity, it is unlawful for anyone without due permission to confer baptism outside his own territory, not even upon his own subjects."
Confirmation
The ordinary minister of confirmation is a bishop. He has this authority intrinsically but, to be licit, needs canonical permission for confirmations performed in a diocese outside his own on recipients who are not his subjects. A confirmation performed by a bishop without the permission of the local ordinary would be valid but illicit. The same applies for Orthodox confirmations. A bishop is, however, allowed to confirm people from another diocese who are present in his own diocese, or to confirm his own subjects in another dioceses, unless the other ordinary expressly forbids it.Simple priests (presbyters) are extraordinary ministers of confirmation and are required, in the West, to be delegated faculties to confirm, such as at the Easter Vigil. In an emergency, canon law automatically grants these. In the East, priests routinely confirm infants without any special delegation. There is theological debate, therefore, over whether the delegation of faculties are required for validity, with the East having a sort of perpetual delegation implied in its canons, or whether the faculties requirement is merely for licitity in the West.
Confession
Church laws regarding confession require that priests who are hearing confessions must have valid faculties and jurisdiction. As penance is not only a sacramental act, but one of jurisdiction, a tribunal of binding and loosing, these faculties are considered to be required for validity, not just licitity. In former times, priests were more limited in the scope of this jurisdiction in terms of who they could absolve. For example, people had to confess to their pastors specifically, not other priests. Now, canon law is much more liberal about this and grants faculties to priests to absolve anyone unless these are specifically limited or revoked by the diocesan bishop or the Vatican.The Pontifical Commission, Ecclesia Dei, has stated that, in accordance with canon 144, someone who confesses to a Society of St. Pius X
Society of St. Pius X
The Society of Saint Pius X is an international Traditionalist Catholic organisation, founded in 1970 by the French archbishop Marcel Lefebvre...
(SSPX) priest while genuinely not knowing that the priest does not have the required faculty will be validly absolved, but that, with this exception, the sacraments of penance and which SSPX priests are involved are not valid.
The principle remains, however, that a priest without faculties can be absolving illicitly and guilty of this himself, even if, because of genuine ignorance, the penitent is still validly absolved because of the general supplying of faculties in extraordinary situations like this. In an emergency, canon law grants any validly ordained priest the faculties to absolve.
Eucharist
A prime example of valid but illicit in the celebration of the sacraments would be the use of leavened bread for the EucharistEucharist
The Eucharist , also called Holy Communion, the Sacrament of the Altar, the Blessed Sacrament, the Lord's Supper, and other names, is a Christian sacrament or ordinance...
in the Roman Rite
Roman Rite
The Roman Rite is the liturgical rite used in the Diocese of Rome in the Catholic Church. It is by far the most widespread of the Latin liturgical rites used within the Western or Latin autonomous particular Church, the particular Church that itself is also called the Latin Rite, and that is one of...
or Latin Rite. Roman Catholic law states the hosts must be made of wheaten flour
Wheat
Wheat is a cereal grain, originally from the Levant region of the Near East, but now cultivated worldwide. In 2007 world production of wheat was 607 million tons, making it the third most-produced cereal after maize and rice...
and water with no additions. If yeast
Yeast
Yeasts are eukaryotic micro-organisms classified in the kingdom Fungi, with 1,500 species currently described estimated to be only 1% of all fungal species. Most reproduce asexually by mitosis, and many do so by an asymmetric division process called budding...
is added, the Eucharist is considered valid but illicit in the Roman Rite.
If, however, butter
Butter
Butter is a dairy product made by churning fresh or fermented cream or milk. It is generally used as a spread and a condiment, as well as in cooking applications, such as baking, sauce making, and pan frying...
, honey
Honey
Honey is a sweet food made by bees using nectar from flowers. The variety produced by honey bees is the one most commonly referred to and is the type of honey collected by beekeepers and consumed by humans...
, or eggs
Egg (food)
Eggs are laid by females of many different species, including birds, reptiles, amphibians, and fish, and have probably been eaten by mankind for millennia. Bird and reptile eggs consist of a protective eggshell, albumen , and vitellus , contained within various thin membranes...
are added, particularly in large quantities, or if rice
Rice
Rice is the seed of the monocot plants Oryza sativa or Oryza glaberrima . As a cereal grain, it is the most important staple food for a large part of the world's human population, especially in East Asia, Southeast Asia, South Asia, the Middle East, and the West Indies...
or rye
Rye
Rye is a grass grown extensively as a grain and as a forage crop. It is a member of the wheat tribe and is closely related to barley and wheat. Rye grain is used for flour, rye bread, rye beer, some whiskeys, some vodkas, and animal fodder...
flour are substituted for the wheat flour, transubstantiation
Transubstantiation
In Roman Catholic theology, transubstantiation means the change, in the Eucharist, of the substance of wheat bread and grape wine into the substance of the Body and Blood, respectively, of Jesus, while all that is accessible to the senses remains as before.The Eastern Orthodox...
is not considered to take place; the Mass would be illicit and invalid, according to Catholic teaching.
A priest who has been laicized or suspended or excommunicated is not to say Mass, but their Masses are still considered valid.
Unction
Except in an emergency, a priest who has been laicized or suspended or excommunicated is not to perform the Anointing of the Sick, but it is still considered valid if he does. The same applies for Orthodox priests, etc..Marriage
The rules for marriage are the same as those for baptism (cf. natural marriageNatural marriage
Natural marriage is the name given in Catholic Church canon law to the lawful union of a man and a woman from any type of religious background. Being defined in canon 1055, it is a legal pre-requisite to sacramental marriage or Catholic marriage. ¯...
). Any Protestant or Eastern Orthodox marriage is regarded as valid but illicit if the husband and wife have already obtained a trinitarian baptism. The Society of Saint Pius X
Canonical situation of the Society of St. Pius X
The canonical situation of the Society of St. Pius X has been the subject of much controversy since the 1988 Ecône consecrations.-1988 Protocol:...
's chapel marriages have a similar status to those of other Christian communities because there is currently no canonical agreement between Rome and Econe.
Divorces and remarriages of divorced people in other ecclesial communities are not regarded as valid, given that the Church regards marriage as being indissoluble. Therefore the first spouse, while living, always remains the spouse, and this cannot be changed even by additional marriage contracts.
The conditions of marriage are determined by the applicable canon law, which can change. The Church can determine the form of marriage, and set up impediments not only to licitity, but also to validity, as well as dispensing from these. In the West, for example, the couple themselves minister the sacrament to each other and the priest or bishop (in some cases a deacon or delegated lay person) is merely the required witness, whereas in the East, the priest actually acts in a judicial capacity and is the minister who actively marries the couple.
Ordination
All bishops are able to ordain a deaconDeacon
Deacon is a ministry in the Christian Church that is generally associated with service of some kind, but which varies among theological and denominational traditions...
, priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
or bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
. A valid but illicit ordination, as the name suggests, is a non-Catholic sanctioned ordination; that is, one where a bishop uses his valid ability to ordain someone without having first received permission from the Catholic Church. The bishop is therefore acting in a manner deemed illicit or illegal.
A bishop who validly but illicitly consecrates someone to the episcopate without permission from the Catholic Church is automatically excommunicated according to canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
even though the ordination may be considered valid. Likewise the person duly consecrated a bishop, by participating in the ceremony is also automatically excommunicated. The excommunication can only be lifted by the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
.
Likewise, any and all subsequent ordinations or consecrations by those individuals may also be considered valid but illicit. In the 20th century, Archbishop Marcel Lefebvre
Marcel Lefebvre
Marcel François Marie Joseph Lefebvre was a French Roman Catholic archbishop. Following a career as an Apostolic Delegate for West Africa and Superior General of the Holy Ghost Fathers, he took the lead in opposing the changes within the Church associated with the Second Vatican Council.In 1970,...
is said to have earned automatic excommunication for his valid but illicit ordinations of bishops without a papal mandate. However, his defenders argue that he acted under grave fear, which, according to canon law, excuses him from automatic excommunication. One notable case of "valid but illicit" ordinations and consecrations is the case of Catholic bishop Dominique-Marie Varlet.
Less serious transgressions are sometimes designated, in Catholic as well as Anglican churches, as "valid but irregular
Valid but irregular
Valid but irregular is a term applied in churches which have a concept of Holy Orders to acts carried out by someone who is able, due to their possession of the appropriate orders, to carry out the act, but does not have the necessary authority to do so...
".
See also
- Episcopi vagantesEpiscopi vagantesEpiscopi vagantes are persons who have been consecrated as Christian bishops outside the structures and canon law of the established churches, and who are not in communion with any generally recognized diocese...
- Independent Catholic ChurchesIndependent Catholic ChurchesIndependent Catholic churches are Catholic congregations that are not in communion with the Roman Catholic Church or any other churches whose sacraments are recognized by the Roman Catholic Church...