The Constitution of the Church

Episcopal Collegiality and Papal Primacy

The problem of the episcopate was of deep concern to the Melkite Greek Catholic hierarchy. As early as their arrival in Rome for the first session of the council, the patriarch and his prelates signed, on October, 1962, the following "proposition" tending to give to the schema "On Bishops" priority over all the others in the discussion.

The undersigned, Melkite Patriarch of Antioch and the Bishops of his Patriarchate, Fathers of the Second Vatican Council:

Inasmuch as the First Vatican Council, after having defined the primacy and the infallibility of the Roman pontiff, was interrupted without being able to study the origin and the powers of the bishops, who, by divine right, succeed the Apostles; and inasmuch as the determination of the origin and of the powers of bishops is of the greatest importance for clarifying the other questions which are proposed for conciliar debate, such as ecumenism, decentralization, pastoral activity, missions, and the apostolate of the laity; we do propose that priority be given to the study of the schema "On Bishops."

Episcopal Collegiality

An overall study of this question had been prepared by Patriarch Maximos in May, 1962, some months before the holding of the first session of the council. It was to inspire all his conciliar interventions. We publish it in full.

Theologians sometimes wonder if the government of the Church, as it has been willed by its divine Founder, is monarchial, oligarchic, or democratic. In reality, this problem has been poorly stated, for the Church, as a divine and human society of a type that is completely unique, escapes all the classifications of human constitutions. The Church is in a sense monarchial, through its one head, who is Christ, and through the leader of its human pastors, who is the Bishop of Rome. It is in a sense oligarchic, if one considers the small number of those who exercise power in it. It is also in a sense democratic, through the royal priesthood of its faithful and the apostolic mission entrusted to all its members. But, strictly speaking, it is none of the above in particular, and all the above at the same time.

Christ wished a minimum of external constitution, around which the Church has developed its organization according to forms that are very variable, according to persons, times, and places. This diversity, because of its contingent nature, can still evolve indefinitely, except for the untouchable constitutional core willed by its divine Founder. So it is that the Christian East has in general adopted forms of organization that are more democratic and more decentralized, while the West has set forth gradually on the road toward forms that rather recall absolute monarchy and nearly total centralization of all powers of jurisdiction in the hands of the Bishop of Rome alone.

Importance of the Problem

All these forms of organization are legitimate, on the condition, however, that they respect the divine constitution of the Church. For example, to push democratic and decentralizing forms to the extreme could end in the denial of all central power and to the establishment of absolutely autonomous particular Churches, to the detriment of the unity desired by Christ. On the other hand, to push the monarchial and centralizing element to its extreme limits ends fatally in transforming the Church into a society that is purely human and external, submissive to a single head, whose other subordinate leaders receive their powers and their mandate by way of a permanent or occasional delegation. It is precisely this trend in the Catholic Church toward autocratic forms of government centered around individuals that the Council must, it seems to us, rectify.

This rectification is necessary if we desire that our Catholic East, with its particular forms of organization and of internal government, should not be in Catholicism as a strange body, a poorly tolerated exception, a paternalistic concession, although its organization and its ecclesiological concepts are perfectly apostolic.

This rectification is also necessary if we wish to continue the dialogue with Orthodoxy and Protestantism. In particular, Orthodoxy refuses to see in the excessive enhancement of the Roman primacy a normal evolution of the primitive core laid down by the Lord in the divine constitution of the Church, and accuses the papacy of engrossing power for reasons of ambition or human self-interest.

Finally, this rectification is necessary if we wish to remain faithful to the thought of Christ and the tradition of the Apostles and of the Fathers of the Church. The apostolate, and in particular the missionary apostolate, presupposes a collective responsibility of the whole episcopate in the preaching of the Word. Bishops are not governors of provinces, charged with executing the directives of a central authority that is solely responsible for the definitions of the ecclesiastical magisterium, of the liturgical worship, and of the power of jurisdiction. Bishops are successors of the Apostles, or, more precisely, the episcopal college is the successor of the apostolic college. Power in the Church belongs fundamentally to the college of the Apostles and their successors under the direction of the leader of the Apostles, Peter, and his successors, the bishops of Rome. Bishops, after all, are not responsible for their dioceses alone, and their power is not limited to their dioceses; in union with their head, the Bishop of Rome, and under his direction, they have the collective responsibility for the whole Church, and they exercise with him, in some manner, a collective power over the universal Church. This is what we mean when speaking of episcopal collegiality. This is a rich idea, as ancient as the Gospel, but very much blurred in the concepts and the practices of these recent centuries, and one that on the occasion of the Council should be restored to the light.

In Scripture

The collegiality of the Church is an idea as old as the Gospel. The apostolic college, in fact, is designated in the Gospels by the most concrete expression "the Twelve." The Twelve constitute the foundation of the New Israel, of which they are at the same time the Fathers and the Judges (Matthew. 29:27). This is what the number twelve symbolizes. With the defection of Judas, it appeared indispensable to find a replacement for him, so that the college would remain complete. The Twelve are forever the foundations of the Church. In the Apocalypse (21:14) Saint John says, "The wall of the city [the heavenly Jerusalem] had twelve foundations, and on them the twelve names of the twelve Apostles of the Lamb." Thus the Church rests on the foundations of the twelve Apostles and their successors, a collegial government.

The Twelve are not, however, an occasional and inorganic group. They form a college, having a president: "Peter and those who were with him," the Evangelists say (Mark 1:36, Luke 9:32, 8:45).

Peter certainly appears in the life of the primitive Church as the one who has primary responsibility, but always as head of the apostolic college, which shares with him his responsibilities. When Philip evangelized Samaria, "the Apostles...sent Peter and John, who came down and prayed for them that they might receive the Holy Spirit" (Acts 8:5, 14-16). Did not Jesus send the Twelve on mission, two by two (Mark 6:7)?

Everywhere we see the Apostles exercising their mission collegially. The Acts say that Paul, converted to the Christian faith, "attempted to join the Apostles... Barnabas took him and brought him to the Apostles... So he went in and out among them at Jerusalem, preaching boldly in the name of the Lord" (Acts 9:26-29). He writes, "After three years I went up to Jerusalem to see Cephas" (Gal. 1:18). "Finally, after fourteen years, I went up again to Jerusalem with Barnabas, taking Titus along with me... I laid before them [that is to say the apostolic college] the Gospel which I preach among the Gentiles, but privately among those who were of repute, lest somehow I should be running or had run in vain... And James and Cephas and John, who were pillars, gave me the right hand of fellowship" (Gal. 2:1-9).

Everywhere the evangelization appears to be collective. Although the mission among the Jews was more especially the role of Peter, and that of the Gentiles the role of Paul, we nevertheless know that Paul always spoke first to the Jews before going to the Gentiles (Acts 16:13; 17:1,10; 18:4; 19:8-10; 28:17), and that Peter equally evangelized the Gentiles (Acts 10 and 11). Peter came to Antioch, where Paul and Barnabas were evangelizing (Galatians 2:11), and finally Peter and Paul both evangelized at Rome, a Church founded by Paul as much as by Peter. The memory of Paul is, in liturgical worship, inseparably tied to that of Peter, and Byzantine icons represent both of them supporting the Church of Christ.

The Apostles' helpers also evangelized collegially, without being tied definitively to one territory. When, after the deaths of the Apostles, they succeeded them, they kept the consciousness of collegiality in evangelization and remained itinerants, not permanently attached to one or another Church. How far we are from a Saint Peter exercising control and authority over the whole Church by himself alone!

In the Tradition of the Fathers

Later, when the successors of the Apostles settled down in one Church, they nevertheless continued to be aware that their care went beyond that Church and extended in a certain manner to all the Churches. St. Clement of Rome was concerned with the Church of Corinth. It could be said that he did it as successor of Peter. But Ignatius of Antioch wrote to the Churches of Asia to strengthen them in the unity of faith around their respective bishops. Polycarp of Smyrna wrote to the Church of the Philippians in Macedonia. Dionysius of Corinth, said Eusebius, "not content to exercise a zeal in God over those who were subject to his authority, extended it further and freely to other countries;" he wrote letters to the Lacedemonians, the Athenians, the Nicomedians, the Cretans, the Churches of Amastris, of Pontus, and of Gnossus (Eusebius, Hist. Eccl., IV, 23, 1-8).

If we limit ourselves to the modern theories of the pope as the sole responsible person in the Church, all these Fathers, who are the foundations of the Christian tradition, should be considered intruders.

St. Cyprian of Carthage gives us the reason for the behavior of these Fathers when he says: "There is, in fact, among the bishops only one Church, only one soul, only one heart... There is, through the institution of Christ, one and only one Church, spread out over the whole world, one and only one episcopacy represented by a multiplicity of bishops united among themselves... The Church forms a single whole, whose bond is the union of bishops" (Epistle 66, 8,3). For, he adds, "the episcopacy is one and indivisible episcopal dignity is one and every bishop possesses jointly and severally a portion of it without any division of the whole" (De Unitate, V). Can anything be clearer and more explicit?

Finally, episcopal collegiality manifests itself through the meetings of the bishops in synods, either regional or ecumenical, to compare local traditions and to make decisions having obligatory force for the whole region or the whole Church. If each bishop had authority only over his diocese, the synods would not have been able to decide in common for a whole region or for the whole Church. If they do so, it is because they are expressing and putting into action the collegiality of the episcopal body.

In brief, when we listen to the Fathers, it is evident that the Church of Rome, and its bishop, are situated within the union of the Churches and of the apostolic collegiality of their bishops, according to the expression of St. Ignatius of Antioch, who calls the Church of Rome "president in love" (Epistle to the Romans, Par. 1). Such is the underlying sense of its primacy and of its privileges, which are manifested above all in the cases where the faith is in peril, according to the words of Jesus to Peter: "I have prayed for you that your faith may not fail; and when you have turned again, strengthen your brethren" (Luke 22:32).

Theological Deductions

From this brief survey of the contributions of Holy Scripture and of the teachings of the Fathers of the first centuries, one can legitimately deduce the dimensions of episcopal collegiality:

1) In the first place, it is clearly apparent that the theology of collegiality is linked with the theology of ministry and of the service of the word. If the hierarchy in the Church is conceived solely in the sense of a power, in place of being thought of and expressed in the sense of a service, episcopal collegiality becomes impossible, for in the face of a universal and direct power—if such is the way that the Roman primacy is understood—all other power can only be delegated and particular. It is quite the opposite if the primacy is considered as a ministerial charism at the service of the Church, which is granted to the one who likes to call himself "servant of the servants of God."

Ministry in the Church is a power, but a power to serve. The human notion of jurisdiction, applied indiscriminately to the hierarchs of the Church, has falsified the nature of the apostolic ministry. It is well known that in the East not only is the term "jurisdiction" unknown, but also that the institutions of the Church escape the legalism that characterizes the mentality and the institutions of the Western Church.

2) In the second place, this apostolic ministry, which constitutes the totality of ecclesiastical power, is not entrusted solely and individually to Peter, with the responsibility of distributing it by delegating it to the other Apostles. Nor is it entrusted to the Apostles individually. It is given to the Twelve, that is to say, to the apostolic college as such, taken collectively, collegially, with solidarity, having Peter as the head.

3) In the third place, the charism of primacy conferred upon Peter has meaning only when it is considered in its total context, as being the power to lead the apostolic college. It is not a personal power independent of any reference to the Twelve, to whom collectively has been granted all power in the Church. Neither chronologically nor as an idea does the primacy of Peter come before the ministry of the Twelve. Even while possessing this primacy of leadership, Peter remains one of the Twelve, an Apostle like them, sharing the power which was given to them jointly and severally, not only as a member of the college, but also as president and chief of the college, an eminent member who sees to it that the Twelve are an organic college, and not an aggregation of independent individuals. Likewise, after as well as before the granting of primacy to Peter, the other Apostles did not cease to be the brothers and the companions of Peter in the apostolate. The primacy of Peter does not take away from the Apostles any of the powers which were given to them by Christ, but sustains, coordinates, and guides them. Without Peter the power of the Apostles would degenerate into confusion, and without the Apostles, Peter's power would degenerate into absolutism. These two powers complement each other, and are mutually indispensable.

4) In the fourth place, the Bishop of Rome, successor of Peter, has no more power than Peter, and the episcopal college has no less power than the apostolic college. The exercise of the power of each bishop in particular may vary and has in fact varied. Yet the totality of the powers of the episcopal body must not yield anything to the whole of the apostolic powers. If the episcopal college should encroach upon the powers of the Bishop of Rome, or if the Bishop of Rome should encroach upon the powers of the episcopal college, there is in both cases, violation of the Lord's will, and therefore danger of controversies and even of schisms in the Church.

5) The government of the Church thus does not rest on one man alone, but on a college of men, the bishops, who must work together and in union with their chief, the Bishop of Rome. The Bishop of Rome operates as the center of unity of the body, from which he receives at all times suggestions, advice, reminders, which may go so far, as in the case of Paul with Peter at Antioch, and so many Fathers of the Church with the popes of Rome, as respectful but vigorous objections. "When Cephas came to Antioch," says Paul, "I opposed him to his face, for he was clearly wrong" (Galatians 2:11). Without doubt the pope reserves for himself the right to judge as a last resort, discerning what in the wishes of his brothers comes or does not come from the Holy Spirit. It is his responsibility to affix his definitive seal on what has been decided by the unanimity, at least moral, among his brothers of the episcopal college.

6) The successors of the Apostles have long since ceased to be itinerant and are generally given charge of a specific diocese that they must administer and where they are expected to reside. But this direct and immediate responsibility of the bishop over his diocese does not dispense him from continuing to assume a more general responsibility over the Church as a whole. Now, this more general responsibility of each bishop with respect to the universal Church is manifested first of all in the ecumenical councils where the episcopal college, having the pope as its head, exercises in the Church a sovereign power of judgment and of government. This responsibility is also exercised in synods, conferences, and other episcopal meetings, in which each one of the attending bishops participates in the pastorate of a whole region, without having the decisions of the synods necessarily submitted, of divine right, to the approbation of the Bishop of Rome.

Finally, this responsibility is exercised each day in the suggestions, the adaptations, the observations, that bishops make to each other, and also make, with all due respect, to their hierarchical superiors: archbishops, metropolitans, patriarchs, and pope. It is exercised through the participation of the entire Church in the Roman central administration, which must also be representative of collegiality. It is exercised through concern for the preaching of the word throughout the world: a care which does not weigh solely on the shoulders of the Bishop of Rome, but which is a burden on the consciences of all bishops. It is exercised, finally, through the constant preoccupation which each bishop should have for the good of the universal Church, according to the words of Saint Paul, who said, "There is the daily pressure upon me of my anxiety for all the Churches. Who is weak, and I am not weak? Who is scandalized, and I am not aflame with indignation?" (2 Corinthians 11:28-29)

In the last analysis, that is what episcopal collegiality is: the taking charge, by all bishops jointly, in communion with their head, the Pope of Rome, of the interests of the Kingdom of God that is the Church. Such is the Church willed by Christ.

The Pope and the Origin of the Bishops' Powers

The preparatory Theological Commission of the Council had prepared a schema "On Residential Bishops." This schema proposed a theory, that the patriarch deemed "inadmissible," of the "pope, ultimate and only source of all power in the Church." The patriarch refuted this theory in a long memorandum that he addressed to the Central Commission, in its meeting of May, 1962.

This Chapter IV of the Constitution "On the Church" is, by all means, the most serious and burdensome in consequences among all the schemas that have been presented until now for the examination of the Central Commission.

Not only is this chapter dogmatic in nature, but it advances a theory that, unless there is a mistake, we consider as to be a truly new dogma: the dogma of the Roman pontiff as the ultimate source of all power in the Church.

In its exposition of the divine constitution of the Church, the First Vatican Council emphasized only the constitution and functioning of its visible head, who is the Roman pontiff. Almost unanimously the bishops of the Catholic world have wished that the Second Vatican Council would present a less unilateral vision of things, by stressing this time the constitution and divine origin of the power of the bishops, the successors of the Apostles. The schema which should have been presented to us was intended to satisfy this legitimate desire. Now, the one that has been presented to us emphasizes even more the powers of the Roman pontiff, and does not supply anything very notable in the determination of those of the bishops.

In the light of the gravity of the question, we reserve for ourselves the presentation to the Central Commission of a more detailed study on this point. In the meantime, we take the liberty of making the following comments. If we are mistaken, we declare that we are submitting in advance and without reservation to the infallible magisterium of the Church and of the Roman pontiff. If, on the contrary, it is the theological commission that wishes to introduce surreptitiously a new dogma, we ask it either to withdraw its schema or to present it openly as the introduction of a new dogma, a corollary of the dogma of Roman primacy, and to ask the Fathers of the Council explicitly to discuss it and define it. But it is not permissible to present as doctrine tacitly accepted by all something that is, in reality, only a simple opinion at best. Having said this, we here briefly present our comments:

1. Holy Scripture affirms a power of primacy, on the part of Peter, over the rest of the Apostles and over the whole Church. But Scripture does not affirm in any way that no bishop can be constituted in the Church except through the intervention, "direct or indirect," of Peter and his successors, the bishops of Rome. We even explicitly see the other Apostles constituting bishops without referring in any way to Peter. The same is true of their disciples, such as Titus or Timothy. If it is necessary to understand the text as applying to bishops in the strict sense, doesn't the Scripture say that it is the Holy Spirit who instituted the bishops to rule the Church (cf. Acts 20:28)? It is difficult, without doing violence to the text, to find in the Scripture a basis which permits affirming that no bishop obtains jurisdiction over his Church except through the "direct or indirect" intervention of the Bishop of Rome, successor of Peter.

2. As for Tradition, one finds, it is true, certain texts in favor of that opinion, especially in the writings of Popes of Rome, like Saint Leo. But we cannot say that this is the teaching of the majority of the Fathers. On the contrary, there are numerous ancient and impartial texts which affirm the opposite. There are Fathers of the Church who are even opposed to this trend of exaggeration of the papal power. We can even say that the majority of the Fathers, above all in the East, are of a contrary opinion. While conceding a power of primacy of the Roman pontiff, they do not agree that he is the source of all power of jurisdiction in the Church, to such a point that no bishop can be appointed except by him.

Thus Tradition is not on the whole favorable to the extremist opinion which this schema demonstrates. May I be permitted here to make a remark which holds true for many other excessive tendencies in modern theology: the West does not produce untrue texts, but it produces only texts that please it, and passes over in silence, consciously or unconsciously, the texts that do not agree with its theories, even if they are more numerous. An objective study of Tradition must take into account all the currents of thought and all the texts. In the face of a few texts favorable to "the Roman pontiff, sole and ultimate source of all power," there are many other texts which ignore this theory or affirm the contrary. Where then is the true Tradition to be found?

3. In this matter, the practice of the Church remains the best criterion. Indeed, even in the West, bishops were not always appointed and invested directly or indirectly by the Roman pontiffs. As for the East, during the first nine centuries of the Church, when the East and the West were usually united, the popes have certainly claimed the right to intervene, especially when serious danger threatened the Church, to name or occasionally depose a bishop. But the East has never surmised that only the popes of Rome could, directly or indirectly, name the bishops.

When Pope Nicholas I chided Patriarch Photius for having been elected without the intervention of Rome, Photius could answer that it had never been the custom of the Church. Now, Pope Nicholas seems to have based his claim, in good faith, above all on the False Decretals that had just been circulated in the West. We don't wish to say that the extremist position of the schema is based on the False Decretals. We only wish to affirm that for centuries the Church did not claim that the appointment of bishops or their "mandate" in their respective dioceses was the exclusive province of the Roman pontiff. In our Melkite Church, until some twelve years ago, the bishops were chosen in a synod, and we sought no confirmation for them from the Roman pontiff. It was Pope Pius XII who demanded for the first time that no bishop of our Church henceforth be proclaimed without papal confirmation. Pope Pius XII was no doubt applying the opinion which the schema of the theological commission is now appropriating.

4. The supporters of this extremist opinion, aware that Tradition is not on their side, have recourse to an expedient and believe that they have solved everything by inserting this clause: "directly or indirectly." Thus, if history proves that out of one hundred thousand episcopal elections in the East, from the time of the Apostles until the middle of the twentieth century, the popes have intervened in only a hundred cases, certain theologians will nonetheless say that it is through the authority of the pope that these appointments were made, their view being that this authority was exercised "indirectly" either by synods, or patriarchs, or in some other way...

Actually, the popes themselves did not think along those lines, any more than they thought of granting Eastern priests the power to confirm. Such deductions do not result from the facts, but bend the facts to preconceived theories. With this method it can also be claimed that ordinary priests obtain their canonical mission from the pope, but indirectly, through the intermediary of their bishops. Following this train of thought, we can ask ourselves what, in the Church, does not issue from the pope! The very excesses of these deductions show that the method is scientifically condemnable and that the deductions are unjustified.

5. The supporters of the opinion that we are opposing have recourse to another deduction. They claim that their opinion is a logical conclusion of the dogma of Roman primacy. Therefore, they say, according to the definition of Vatican Council I, the pope possesses an ordinary, episcopal, and immediate power over the pastors and the faithful, and the bishops obtain their power over their respective dioceses only through the pope's mandate. To this we reply: the definition of Vatican Council I does not in any way include a statement that the pope is the ultimate and sole source of all power in the Church. Someone can have authority over another without being the source of all authority for this other person. The two things are distinct. To pass from one to the other is to surreptitiously desire the Church to accept a new dogma that Vatican Council I in no way defined, even though it could have done so.

6. Be this as it may, the new dogma that is being proposed to us accentuates even more the differences between the Eastern Church and the Western Church. While our Orthodox brethren still recognize in the pope a certain power of primacy, their entire ecclesial tradition forbids them from acknowledging in him the ultimate and sole source of all power in the Church. Their entire legitimate ecclesial tradition forbids them from reserving to the pope the nomination or confirmation of all the bishops in the Church. The Second Vatican Council, which the pope desired to prepare the paths for union, would result on the contrary in hardening the positions of the Catholic Church and creating a new dogma that the Orthodox Church cannot accept. With such a theory, the Catholic Church must decide to interrupt all dialogue with Orthodoxy, and it will not be the fault of Orthodoxy, which, on this point, wishes to remain faithful to Tradition.

7. Finally, we can ask ourselves why the theological commission and, with it, certain theologians, persist in wishing to make the council pronounce excessive principles in praise of the papacy. There are certainly certain groups in the Catholic Church today who wish to see in Catholicism only its head: the pope. From exaggeration to exaggeration, they finally lead the Church towards a certain "papolatry," which does not appear to be a chimerical danger. They have made of the pope, not the father, the humble and devoted shepherd, the big brother concerned about the honor and the apostolate of his brothers, but an ecclesiastical replica of the Roman Caesar. An old subconscious imperialism consumes them, and they seem to wish to find in the papacy a compensatory solution for their dreams of universal domination. Now, that attitude has no place in Christ's Church, where authority is a service, and the greatest among us must be the servant of all. Certainly, the popes realize this evangelical ideal magnificently in their private lives. Yet we wish, for the greater good of the Church, that the flattering or self-interested theologians may be kept away from their entourage. This can only enhance the greatness of the papacy and increase esteem for it.

8. In the light of the preceding considerations, we propose the amending of certain passages of the schema in question:

a. A note that seems harmless proposes theories of the greatest gravity. It even stirs up the question of whether the bishops receive their power immediately from God or from the pope. How can anyone say such a thing? If the bishops receive their power immediately from the pope, then they are delegates of the pope. The note claims that it wishes to exclude this theory, but it affirms it nonetheless by insinuation. Now it is this method of tendentious insinuations that places the doctrines of the Church in danger. This entire text should be eliminated.

b. The schema affirms that the bishops receive their mandate "a regimine Ecclesiae, et quidem ab ipso successore Petri... a quo ergo in officium assumuntur, et etiam deponi, transferri, restitui possunt" ("from the government of the Church, and indeed from the very successor of Peter... by whom therefore they are received into their office, and by whom they can also be deposed, transferred, and reinstated"). The text says rightly, "by the government of the Church." But why does it identify the "government of the Church" with "the successor of Peter"? Apart from Peter and his successors, is there nothingness in the Church, and is the "government of the Church" reduced solely to the government of Peter and his successors?

Peter is at the head of the Church, but he is not the whole Church. There is no body without a head, but neither is there a head without a body. This theoretical and practical identification of the pope with the Church and of the Church with the pope is one of the exaggerations that have done most harm to the Church. In order to honor the pope there is no need to see him as being the whole Church and to reduce the Church to him.

c. The text affirms that the pope possesses such power in the Church "ut ipse actualem eorum [episcoporum] iurisdictionem ordinariam ampliare vel restringere possit, etiam subditorum exemptione" ("so that he can increase or restrict their [the bishops'] ordinary jurisdiction, even by exempting those subject to them"). This needs to be toned down. The pope's power is not arbitrary. It is restricted by the divine constitution of the Church that intends that the bishops should not be proxies of the pope, but his brothers and the successors of the Apostles. The pope cannot arbitrarily do whatever he wishes with the Church and in the Church; he must always respect the plan of its Divine Founder. The Church is a monarchy, tempered by an oligarchy, and even by a certain democracy. It is not a dictatorship.

d. After reducing almost to nothing the original and legitimate rights of the bishops, the text continues: "Absit tamen ut per hoc iura episcoporum minuantur" ("The rights of the bishops must not be diminished by this"). That is almost ironical. By these exaggerations the rights of the bishops are most certainly diminished. More than one Catholic bishop has thought in his innermost heart that he was practically reduced to the role of a "prefect" executing the orders of the Roman bureaucracy.

e. Speaking of the unity of the Catholic Church, the text affirms: "cuius centrum et fundamentum et principium unitatis est successor Petri" ("whose center and foundation and principle of unity is the successor of Peter"). What is left to Christ in this concept of ecclesial unity? What needs to be said is that the center and foundation of the unity of the Church is Christ and subordinately and vicarially the bishops, and at their head the Bishop of Rome. In the concept of the Church, it is hardly forgivable to forget the bishops. But it is absolutely unforgivable to forget Christ. The exaggerations of certain theologians have made the pope not the representative of Christ, but his substitute, his successor. And that is very serious.

f. Speaking of the collegiality of the episcopal body—a very rich idea that is still unexplored—the schema conceives it in a rather diminished and simplistic way. It says, "Episcopi, quamvis singillatim sumpti vel etiam quam plurimi congregati potestatem in universam vel in aliam ac sibi commissam Ecclesiam non habent, nisi ex collatione Romani Pontificis..." ("The bishops, whether taken individually or even when many are gathered together, do not have power over the universal Church or over another Church assigned to them, except as it is conferred by the Roman pontiff"). In the minds of the authors of this schema, the bishops, as a body, have no power of their own of universal solicitude. If they do in fact exercise such power, in councils or otherwise, it is solely by virtue of a delegation of power coming from the Bishop of Rome. Is that the genuine Catholic tradition? Does not this tradition affirm that the bishops in some sense share with their head, the Bishop of Rome, the care of the entire Church? Does it not affirm that they possess, with him and under his authority, a certain power over the whole Church, for example in ecumenical councils? It is true that, under present law, an ecumenical council can be held only under the authority and with the approbation of the Bishop of Rome. Yet that does not mean that all the authority that the bishops exercise in such a council comes to them from the Bishop of Rome. Again, these are very harmful exaggerations.

g. The schema concludes: "Nemo episcoporum ad hoc Corpus pertinere potest, nisi directe vel indirecte a successore Petri, Capite Corporis, in Collegium assumptus sit" ("No bishop can belong to this Body, unless he has been directly or indirectly incorporated into the College by the successor of Peter, the Head of the Body"). It is correct to say that no bishop belongs to the Catholic episcopal college unless he is united with and subject to the head of this college, who is the Bishop of Rome. However, to say that no bishop belongs to this college unless he has been chosen by the Bishop of Rome is something else. It is a theory that must be proved, and that we for our part believe is devoid of any foundation in the sources of our faith.

Conclusion: The schema that is presented to us is clearly tendentious. In addition to the exaggerations in form that we have pointed out, it proposes a theory of the constitution of the Church that is not at all certain. We, for our part, believe that it is erroneous. This schema must be restudied by theologians who are more objective and who have been more soundly nurtured in the Patristic tradition. It is our opinion that this schema, as it is now presented, cannot be proposed to the council.

The Divine Constitution of the Church

The Holy Synod, in its "Comments on the schemas of the Council (1963)" made a detailed critique of the first part of the schema "On the Church." It touched on many varied points, but the central theme remained "the Divine Constitution of the Church," or the relations between the Apostles and their successors, the bishops, on the one hand, and on the other, Peter and his successors. Although it sometimes touched on details of wording, this synodal document deserves to be cited in its principal passages.

1) Peter/rock and Apostles/pillars: The simile of the "pillars" applied to the Apostles originates in the New Testament quite as much as the simile of the "rock" applied to Peter. Better still, we propose to replace "founded on Peter the rock and upon the Apostles" with another scriptural formula such as "established on the foundation of the Apostles (and prophets)."

Indeed the draft awkwardly anticipates the following paragraph which deals with the primacy. The present draft is less felicitous than the text from Vatican I which is cited here. That council distinguished three periods in the divine plan: the first period, Christ wishes to found a Church as a temple of eternal duration; the second period, to lead and rule this Church, He gives it as shepherds the twelve Apostles who are perpetuated in the bishops, their successors; the third period "so that the episcopate may be one, he set Peter above the other Apostles." The present schema, by speaking too soon about the primacy of Peter, symbolized by the rock, reverses the perspective.

2) Apostolicity: "Apostolicus primatus" does not adequately designate the primacy of St. Peter. Actually, there are other Apostles besides Peter. It is also a current habit in the West to use "Apostolica Sedes" to designate only the Roman See of Peter. Indeed, in the West, there is no other "apostolic see" than that of Rome founded by Peter. But we must react against this procedure, for not only are there other Apostles besides Peter, but there are also other "apostolic sees" besides the See of Rome. This statement is important in order to make oneself understood by the East, which is so deeply attached to the apostolicity of its patriarchal sees. We know that Orthodox Christians protest against the monopolizing of the epithet "apostolic" by the Roman See in expressions like "apostolic see" or "apostolic blessing," etc.

3) Vicar of Christ: Following Saint Bernard especially, Western piety has liked to give the Roman pontiff the title of "Vicar of Christ." However, even in the West, at least until the eleventh century, the Pope of Rome tended to be called the "Vicar of Peter," and not the "Vicar of Christ." This latter title came into general use only with St. Bernard, without being exclusively reserved to the Roman pontiff, since Western tradition continued here and there to call all bishops indistinguishably vicars of Christ.

The Roman pontiff is naturally the vicar of Christ in a more eminent, but not exclusive, way. The exclusive application of this title to the Bishop of Rome is unknown in Eastern patristic tradition. Moreover, this title leads to lack of restraint, and we know how lack of restraint in this domain, in unwary, flattering, or self-interested minds, is dangerous for the Church. It has led some to blasphemy in the strict sense of the word, when they wanted to make a pope a God: "The pope is God on earth..., Jesus has placed the pope above the prophets..., above the precursor..., above the angels...Jesus has placed the pope on the same level as God..."

For the same reason, we believe that the expression "head of the Church" (especially in Latin: "caput Ecclesiae") must be explained in an ecumenical context. For it is not the pope who is head of the Church in the strict sense, but Christ alone, whom no one succeeds in this capacity. The pope succeeds Peter, but he does not succeed Christ. We should explain it rather in the sense that the pope is the "visible head of the Church" or "the head of the visible Church."

4) Foundation of the Church: The Church was certainly built on Peter, but also on the other Apostles, as many texts of the New Testament prove. It is by combining all these texts that it is appropriate to speak of the foundation of the Church. Orthodox Christians reproach Catholic theologians not for citing false texts, but for not citing all the texts.

The text of the schema would give us to understand that the Church, as such, is founded on Peter alone. On the contrary, the faithful are built on the foundation of the Apostles and the prophets, etc. This seems to be an attempt to avoid the difficulty of the texts of Saint Paul (Ephesians 2:20) and of Revelation (21:14), applying them only to the faithful. Actually, these texts of Matthew, the Letter to the Ephesians, and Revelation complement one another. The Church and the faithful that constitute it are founded on Peter and the Apostles. That is the reason for the proposed addition.

5) The canonical mission of priests. The canonical mission of priests does not come "from the Roman pontiff or from their bishop," but only from their bishop. This does not mean that the Roman pontiff has no power over priests. But it is one thing to have universal power over all the faithful or clerics of the Church and quite another to be the sole source of all power in the Church. Specifically, the bishops do not need any delegation of power to give a canonical mission to one of their priests for the purpose of governing a portion of their flock. In territories directly subject to the Bishop of Rome, as such, priests naturally receive their mission from him.

6) The Latin Church and the universal Church. When the Catholics of the West speak of the Church or of the general discipline of the Church, they are limiting their vision to the Latin Church, as if the Eastern Church and Eastern discipline were exceptions to the rule. On the contrary, they should remember that the Latin Church is one Church within the Catholic Church, just like the lowliest of the Eastern Churches, and that Latin law is a particular law of the Latin Church. "Ecclesia universa" does not signify "Ecclesia Latina," and "jus commune" does not signify "jus latinum." Since in fact the Catholic Church has unfortunately been reduced for centuries to the West, or almost so, the West has acquired the habit of considering its Latin Church as synonymous with the universal Catholic Church. This is a point of view that must be corrected today, not only in terminology but also in the entire conduct of the Church.

7) Head and body of the episcopal college. Instead of saying that the episcopal college has authority (we are speaking here of universal authority) only when united with the Roman pontiff, we prefer to say that the episcopal college, of which the Pope of Rome is a part as its president, constitutes a college only if it is united with the Roman pontiff, who is its president. It is a difference in perspective, but an important one. There is a tendency in the West to place the pope not only at the head of the episcopal college, which is very true, but also outside the episcopal college, which is false. Likewise, there is a tendency to think of the pope as being outside the council, the latter studying, discussing and proposing, whereas the pope confirms and sanctions. More than one proof could be given to demonstrate the existence of this mentality, which does not seem to us to be correct.

8) Nature of the Roman Primacy: The schema begins by affirming that the Roman pontiff has by himself alone full and universal power over the whole Church. We should like to specify that this universal power of the pope is given to him only inasmuch as he is the head of the whole hierarchy and for the purpose of fulfilling his primatial ministry. Indeed, it is important to show that this universal power of the pope is the consequence of a ministry as head of the Church, and that it is not a privilege without foundation or public usefulness.

In the second place, we should like to specify that this universal power of the pope is essentially a pastoral and personal power. It is pastoral in this sense that it is not a prerogative that allows him simply to command for the pleasure of commanding, or in order to dominate the rest of the Church. Power in the Church is a diakonia, a ministry, a pastorate. That is why the East does not like the term "jurisdiction," so dear to the canonists of the West, because it senses a concept of power that is entirely human, composed of superiority and domination over others. Moreover, this universal power of the pope is strictly personal. The pope can certainly be assisted by all sorts of collaborators, but no one shares his primacy in the Church with him. This statement has countless practical consequences. In today's Catholicism all who, whether near or far, are in the service of the pontifical administration claim a primacy over the other bishops of the world, and even over the incumbents of the other apostolic sees of Christendom. It is fitting to specify very clearly that the pope's primacy and infallibility are strictly personal.

To designate the universal authority of the episcopal college, united, of course, with its head, the Roman pontiff, the schema uses a tortuous circumlocution, as if to drown this idea. It says that the episcopal college "indivisum subjectum plenae et supremae potestatis in universam Ecclesiam creditur" ("is understood to be the undivided subject of full and supreme power over the universal Church"). Why this "is understood," and why this "subject of the power"? This might be interpreted strictly as delegated subject of the power, according to the doctrine dear to certain canonists who claim that no power exists in the Church unless it comes from the pope. The truth is that the apostolic college really has universal power over the Church, and this power comes to it directly from Christ. It is an innate, original, divine, ordinary, and inalienable power.

9) What episcopal collegiality includes: Speaking of the collegial power of the bishops, that is to say, of their power as members of the episcopal college, the schema reduces it to an ordinary universal solicitude very useful to the Church. That is too little. It is true that the collegial power of each bishop over the Church as a whole is not the same as his direct power over his diocese, but it is not an ordinary solicitude for the general good of the Church. In fact, the responsibilities that the schema attributes in the following lines to the episcopal college exceed mere solicitude and constitute a real power.

10) Collegiality and Mission: The work of evangelizing the world is not, in itself, one of the exclusive provinces of the Bishop of Rome. Rather it is a mission given by Christ to all the Apostles, and after them to all the bishops of the Church. Indeed, ecclesiastical history shows us that many other bishops of Christendom have concerned themselves with evangelizing the world by sending out missionaries and by supporting them, even founding new missionary Churches and organizing the hierarchy in mission lands. Yet today, in fact, in order to avoid useless dispersion of energies and to better organize the work of evangelization, the central authority over the missions has been reserved to the pope.

11) What is the source of the bishops' canonical mission? A certain school of canonists in the West holds, as we have said, that no bishop receives his mission over his diocese except through the direct or indirect intervention of the pope. This opinion had found a place in the old schema. The new schema has corrected this absolutely unacceptable assertion. Nothing in Scripture or Tradition, in fact, proves that the canonical mission of the bishops over their respective dioceses comes to them exclusively from the successor of Peter. The canonists in question have simply transplanted on the universal level of the whole Church and on the level of doctrine what was a contingent fact in the patriarchate of the West. In the West, for quite a while, the canonical mission, and even the appointment of the bishops, has in fact been reserved to the Roman pontiff. But it was not always so in the Church from its origins and in every place.

In the face of this consideration, which we have energetically stressed in the Central Commission, the new schema has toned down its assertions and recognized that the canonical mission could be given in virtue of laws or legitimate customs not revoked by the supreme authority (which is not only that of the pope, let us recall in passing, but also that of ecumenical councils). This canonical mission can also be given directly by the Roman pontiff, either as Patriarch of the West or as the successor of Peter. But it is not by the same right that the pope names the bishops of the West and can be called, in certain cases, to name the bishops of the East. In the former case, he acts as Patriarch of the West, whether or not he is helped by his synod (specifically the Consistorial Congregation or the Congregation of the Faith). In the latter case, he acts as head of the Church when the good of the universal Church exceptionally demands his direct intervention over and above the institutions peculiar to the East.

In the second place, it is certain that the pope can depose a bishop for very serious reasons. But the wording of the schema risks being misinterpreted, as if no bishop could have a mission in his own diocese unless he were positively accepted by the pope. Such a claim, based on the False Decretals, was, as we know, the origin of the conflict between Pope Nicholas I and Patriarch Photius. In consequence, the text of Canon 392, #2, of the Motu Proprio Cleri Sanctitati must be amended.

12) The foundation of papal infallibility: The pope is infallible only because he is the head of the apostolic college and the spokesman of the infallibility of this college and of the whole Church. When thus clarified, infallibility becomes comprehensible. It is no longer an honorary privilege. The pope does not proclaim infallible dogmas without reason, without foundation, without reference to Scripture, to Tradition, and to the Church, needlessly, just to show that he is pope. Infallibility is a charism granted to him for the general welfare and stemming from his ministry. These clarifications are absolutely essential and indispensable for anyone who wants to work for the union of the Churches, for they have not been sufficiently taken into account until now.

The text of the schema literally reproduces the definition of infallibility given by Vatican I. But this definition has in fact given rise to misinterpretations and regrettable exaggerations. It is therefore fitting that Vatican II should clarify this notion and make it more easily understandable. Thus the "ex sese" (by himself) is clarified by saying: "ex officio suo" (by his office); the "non ex consensu Ecclesiae" (not by the consensus of the Church) is clarified by saying: "non ex delegatione, nec ex canonica, etsi implicita, confirmatione" (not by delegation, nor by canonical collegial confirmation, even if it is implicit).

In the second place, it is true that the definitions of the pope are irreformable and without appeal, but we think that a clarification should be added, namely, that the definitions of the pope cannot contradict the faith of the Church and of the episcopal college.

These clarifications are generally accepted today. It is appropriate to insert them, so that Vatican II may bring new light to this doctrine of papal infallibility.

13) The ordinary magisterium of the Church: By definition this ordinary magisterium is not infallible. However, it deserves respect. The text of the schema even demands respect for the will and for the intellect, sincere adherence to it, etc. But in this case, what is it that actually distinguishes this non-infallible (that is to say, fallible) magisterium from the infallible magisterium? It seems to us that the paragraph must nonetheless make it clear that this ordinary teaching of the popes is subject to error. Actually, more than once popes who did not intend to define a truth of faith have taught things which after careful examination have been seen to be erroneous. What has happened in the past can happen again in the future. It is wise not to expand the field of papal infallibility indefinitely and with specious reasons. The respect due the teaching of the highest authority is one thing, and the infallibility of this teaching is something else. Too rigid censure risks not only halting scientific and theological progress but also transforming a fallible formula into an infallible formula, by artificially creating a false unanimity in the Church.

14) Primacy and sovereignty: We prefer not to introduce into the Church the notion of sovereignty used in international secular law. If the pope's power were a sovereign power in the secular sense, it would logically follow that all the other powers in the Church are delegated powers. Now, as we have seen, that is not the case. The pope's power is traditionally described in the Church by the word "primacy." It is best to hold to it and avoid terms borrowed from secular law. Nor must we forget that the pope is not the only sovereign power in the Church. The same sovereign and universal power belongs to the ecumenical council, that is to say, to the episcopal college with the pope as its head. Besides, even the Latin Code of Canon Law includes in the expression "De suprema potestate in Ecclesia" (On the supreme power in the Church) both the pope and the ecumenical council.

15) The pope, guardian of episcopal collegiality: The episcopate, which succeeds the apostolic college, is not first of all the sum of the dioceses, each forming a relatively closed entity around its bishop. On the contrary, it is first of all the apostolic college, having a common responsibility for the whole human race to be incorporated into Christ.

This responsibility is not one of domination, but strictly of service. Obviously, in order to express this responsibility it is necessary to make use of the concept of authority. However, the most felicitous expression for this authority is not in terms that overemphasize jurisdiction. That is why, it seems to us, that in place of juridical expressions such as "by divine right," "by ecclesiastical right," it would often be preferable to use terms like "evangelical reality," "apostolic reality," and "directed in the Holy Spirit."

It is in order to better serve the flock that it is divided into groupings, whether "patriarchal," "metropolitan," or "diocesan," without detriment to the primary responsibilities retained by each and all of the bishops with respect to the Church as a whole.

In all of this, and up to this point, the pope is the equal of all the other bishops. However, he emerges into a second reality, precisely to second this one episcopate in its mission. For this episcopate needs to preserve its unity. The pope is the recognized responsible conservator of this collective unity. This unity cannot be reduced to himself alone or to some charism that he may possess. On the contrary, he must adapt to "catholicity" in order to serve it with his variety of dynamism, knowing that he is as such not personally coextensive with the Church and that the Church is not coextensive with him... for this would again reduce the Church to the pope, to "Romanism," to his person... in fact, as a result of history so far, making it coextensive with Latinism.

Just as the bishops have powers over the flock in order to serve the Church—powers imbued with humility—so too the pope, in order to serve the episcopate in its mission, has powers imbued with humility and specified by the finality of his function, which does not create the episcopate but is the servant of the episcopate of which he remains a member. His brother bishops, in the situations in which life has placed them, have the same authority as he in the immediate portion of their current responsibilities: diocese, primacy, patriarchate.

Five Declarations of Principle

On October 7, 1963, during the 42nd General Congregation, the patriarch set forth in five principles the essentials of the remarks made by his Synod on the Divine Constitution of the Church. His intervention caused a shock. At the preceding General Congregation the patriarch was also supposed to speak. But the senior cardinal of the Council of the Presidency, troubled by protests made by certain partisans of Latin against the patriarch's use of French, had asked that the patriarch's talks be at least followed by a Latin translation. The rumor spread in Rome and was printed in the newspapers that the patriarch had been forbidden to speak in French. The patriarch stood fast and continued to speak in French. His Bishop-Counselor read the translation of his discourse in Latin.

The First Vatican Council defined the dogma of the primacy of the Roman pontiff. This definition gave rise here and there to abusive interpretations that disfigured it, making the primacy, which is a charism granted by Christ to his Church, an obstacle to Christian unity. Now, we are convinced that the obstacle to union is not the doctrine of the primacy itself, clearly inscribed in Holy Scripture and in the Tradition of the Church. Rather, the obstacle lies in its excessive interpretations and, even more, in its concrete exercise, in which, to authentically divine elements and legitimate ecclesial evolution, there have been added, more or less consciously, regrettable borrowings from modalities in the exercise of a purely human authority.

The Second Vatican Council, according to His Holiness Paul VI's beautiful words in his opening locution to the second period of the Council, proposes to prepare the paths of union. That is why, it seems to us, the Council must not be content to repeat on this point the words of Vatican Council I, which have already been stated, but must seek to clarify and complement them, in the light of the divine institution and the indefeasible rights of the episcopate.

In this sense the new wording of the schema "De Ecclesia" shows notable progress with respect to both the former wording and also the routine formulas of the theological manuals.

The fact remains, however, that from the ecumenical viewpoint several texts should still be improved so as to bring out more clearly the principles that assure the evenhanded exercise of Roman primacy willed by the divine Founder of the Church.

Leaving details of lesser importance to the written notes that we have already transmitted to the secretariat, it seems to us that the text of the schema of the council should emphasize the following principles:

1) It must be clear to all of us that the only ruler of the Church, the only head of the Body of Christ that is the Church, is our Lord Jesus Christ, and He alone. The Roman pontiff is the head of the episcopal college, just as Peter was the head of the apostolic college. The successor has no more power than the one whom he succeeds. That is why it is not fitting to say of the Roman pontiff, by the same right and without distinction, as we say of Christ, that he is the head of the Church: "caput Ecclesiae."

2) We agree completely with the explanation given by several venerable Fathers with respect to the foundation of the Church, constituted not only by Peter but by all the other Apostles, as is proven by several texts of the New Testament. This does not in any way contradict the primacy of Peter and of his successors, but rather sheds a new light on it. Peter is one of the Apostles, and at the same time the head of the apostolic college. Likewise, the Roman pontiff is a member of the episcopal college and at the same time the head of this college. The head commands the body, but it is not outside the body.

3) It must be clear that the power of the Roman pontiff over the entire Church does not destroy the power of the whole of the episcopal college over the whole of the Church—a college which always includes the pope as its primate—nor is it a substitute for the power of each bishop over his diocese. Every canonical mission, within the limits of a diocese, stems from the bishop of the diocese, and from him alone.

Moreover, it would seriously harm the doctrine of the Roman primacy and jeopardize every possibility of dialogue with the Orthodox Church if this primacy were presented in such a manner as to make the very existence of the Eastern Church inexplicable. Indeed, the latter owes its sacramental, liturgical, theological, and disciplinary life to a living apostolic Tradition in which an intervention by the Roman See appears only rarely.

4) It must be stressed that the universal power of the Roman pontiff, total as it is, and remaining within its own mandate, is given to him essentially inasmuch as he is the head of the entire hierarchy and precisely for the purpose of fulfilling this primatial service. Saint Matthew's "You are Peter" (16:18) must not be separated from Saint Luke's "Strengthen your brothers" (22:32). Moreover, this power is of its nature pastoral and strictly personal. It is of its nature pastoral in the sense that it is not a prerogative directed toward commanding for the sake of commanding. It is a ministry, a service, a diakonia, a pastorate, as His Holiness Pope Paul VI has clearly emphasized. This power is of its nature personal and cannot, inasmuch as it remains so, be delegated in any way.

5) Finally, it must be clear that neither the naming of the bishops nor their canonical mission is reserved, by divine right, to the Roman pontiff alone. What has been a contingent circumstance of the Christian West must not be transferred to the universal level of the entire Church and to the level of doctrine.

When the primacy of the Roman pontiff is thus free from exaggeration of doctrine and of exercise, it not only ceases to be the principal stumbling block for the union of Christians, but it becomes the principal dynamism that requires and maintains this union. It is absolutely indispensable as the bond of unity for the Church. Christians can never thank the Lord Jesus enough for this ministry that He has established in his Church.

What Eastern Theology Says

On October 16, 1983, Archbishop Elias Zoghby, the Patriarchal Vicar in Egypt and the Sudan, in an important intervention, called attention to the viewpoint of Eastern theology on the exercise of the Roman primacy and its relations with the episcopacy.

I am surprised that this question has not been asked before now: why, after a quite brief schema "De Ecclesia," another special schema has been proposed, devoted to the "Eastern Catholic Churches," as if these latter formed a kind of appendage to the universal Church. I am not criticizing. I am simply noting a fact, which, indeed, has been quite eloquently illustrated: the fact that the Eastern bishops present at this assembly comprise only 5% of the conciliar Fathers, and that, in turn, they represent only 5% of the Christians of the East.

The general schema "De Ecclesia" would be more useful to everyone if it applied equally to the traditions of both Churches, Eastern and Western, whose ecclesiologies are complementary. In fact, the patrimony of the Eastern Church is very rich and even constitutes the largest part of the patrimony of the entire Church. These two parts of the Church, the East and the West, lived in comparative peace during the first thousand years, each with its own constitution, its own discipline, its own theology, its own customs, languages, character, and spirituality. The state of separation is abnormal in the Church. It would be good to provide a paragraph on the particular Churches, the Latin as well as the Eastern.

For example, with respect to the primacy of the Roman pontiff, the Eastern Churches have never denied its existence, or that it was the principle of Catholicity. Yet in fact, after so many centuries of separation, this doctrine has evolved so unilaterally that it is very difficult for our Orthodox brothers to recognize it today. Formerly the Roman Church rarely exercised its primacy over the Eastern Churches as a whole and over those which, from time immemorial, as major, apostolic, patriarchal Churches, exercised a primacy over the neighboring Churches, and which, even today, are the foundation of the ecclesial structure. This last consideration is of the greatest importance and it is indispensable to any dialogue with the Eastern Churches separated from us.

In its modern form, insinuated into our schema, the doctrine of primacy, which we find too prevalent in several paragraphs, is proposed in an unduly unilateral manner, becoming almost unacceptable to the Orthodox. In fact, it offers a theological aspect elaborated by the West alone, without the concurrence of Eastern tradition.

Eastern tradition, joined to Western tradition, would have prevented the doctrine of primacy from taking on such unacceptable proportions vis-a-vis the episcopate. This must be affirmed especially today with the development of ecumenism, at a time when the efforts of Catholics for unity are being taken seriously into consideration by everyone.

Three remarks will illustrate my affirmations:

1) Every time that the schema deals with the authority of the bishops, it is said to be subordinated to the authority of the Roman pontiff. The excessive repetition of this affirmation finally becomes tiresome and leads to the belief that the authority of the Roman pontiff is simply a limitation of the power of the bishops.

Now, the primacy of Peter in his successors is an invaluable gift to the Church, and it must not be reduced to a yoke imposed by force. The authority of the Roman pontiff was not given in order to restrict the authority of the bishops, but to defend and support it, just as in a family the authority of the father strengthens and sustains the authority of the mother, but does not diminish it in any way, even though it extends to the mother and to the children.

We must be content to affirm once and for all the dependence of the episcopal body with respect to the pope, without repeating this affirmation indefinitely. On this point, let us follow Peter's own warning: "Be sober and watchful." Otherwise, why not, with equal logic, refer each time to Christ as the Supreme Shepherd, from whom both the Roman pontiff and the other bishops draw all their power and their very priesthood?

Moreover, the authors of the schema, somehow obsessed with the primacy, seem to have neglected an essential point, namely, the doctrine of Christ the Priest and the doctrine of the sacraments instituted by Him, especially the Eucharist, which is the bond of unity within each Church and in the universal Church.

2) We speak frequently of the exercise of the episcopal and collegial power, but dependent upon the Roman pontiff. Is there not another truth to be affirmed and emphasized even more in the schema so as to attain balance, namely, that the authority of the Roman pontiff is not absolute, isolated, independent of the existence of the college of bishops? The authority of the Roman pontiff, like that of Peter, can be understood and explained only in relation to the college over which he presides and which truly and efficaciously assumes, under his primacy, responsibility for the entire Church. Not only does this mutual interdependence between the head of the college and the college itself conform to reality, but it appears necessary for any dialogue with Orthodox Christians.

3) May I be permitted to draw attention to Paragraph 16, page 27, line 4, in which "the Successor of Peter, the Roman pontiff" is set in opposition to the bishops, the "successors of the Apostles." The Roman pontiff, the successor of Peter, is also a successor of the Apostles, inasmuch as he is a bishop, just as the other bishops, successors of the Apostles, are in a certain sense also successors of Peter, inasmuch as Peter is an Apostle. I therefore propose the following amendment: "The Roman pontiff, successor of Peter, as head, and the other bishops, successors of the Apostles." This tendency, already pointed out several times at the council, of separating the Roman pontiff from the college of bishops, is more detrimental than helpful. When we do this, we somehow allow the greatest gift, the greatest grace, in the Roman pontiff to be downplayed, namely the grace of the episcopacy. Indeed the greatest grace that Peter received from Christ was being chosen as an Apostle and as a member of the apostolic college, in which the charge to "strengthen the others" is not something special super-added to his eminent apostolic vocation in the strict sense.

That is why the successor of Peter who is the Roman pontiff is first of all a bishop. This grace of the episcopacy remains for him, even after his election to the supreme pontificate, the most important grace of his whole life. The Roman pontiff does not cease being a member of the apostolic college by reason of the fact that he has the responsibility of strengthening his brothers. He does not become a universal bishop in the sense that he would take the place of the others, as the German bishops clearly declared to Bismarck in 1875, in a letter that Pius IX solemnly approved and that would deserve being mentioned in our schema.

According to tradition, the pope is not elected directly by the conclave to the Roman Pontificate, but to the See of Rome, which was once Peter's. Having been elected to the See of Peter, by that very fact he succeeds Peter in his primacy. That is why the electors of the Roman pontiff, regardless of the nation to which they belong, are titulars of the churches of the city of Rome or of the suburban sees. We are very grateful to our Pope Paul VI, who, after the example of his predecessor of holy memory, John XXIII, solemnly declared at the beginning of this session that the See of Rome was indeed his own. He declared: "The college of cardinals has chosen to elect me to the episcopal See of Rome and consequently to the supreme pontificate of the universal Church." In former times this truth had been rather nebulous in the minds of the faithful.

Finally, before concluding, with regard to episcopal collegiality, on which the Fathers have expatiated at length here, I am surprised that so many of you still hesitate, even though it is evident from the life of the Church in the first centuries that collegiality was operative then and that it continues to be in force today in the Eastern Churches. In the patriarchal system, the synod holds a very important place. No important decision is taken without the synod or apart from the synod. The metropolitans, then the patriarchs, conscious of their obligation to safeguard unity among the Churches, were accustomed to exchange synodal letters among themselves, in order to arrive together at common solutions. In doing this, they were convinced that they were continuing the apostolic tradition.

Primacy and Infallibility: Final Synodal Remarks

The schema "On the Church" was profoundly revised. The Melkite Greek Synod, assembled in the summer of 1964, made its final remarks on the new text. A step forward had been made, but, the synod pointed out, there still remained much to do to coincide with the Eastern and primitive tradition of the Church. We reproduce a few remarks.

The present schema on the constitution of the Church is, on the whole, a good work. This is true even with respect to the chapters or paragraphs dealing with the hierarchy of the Church, in particular the college of bishops and their head, the pope... Catholics will accept with serenity and trust everything that is said there...

However, as we see it, from an ecumenical viewpoint with reference to Orthodoxy, all that is said concerning the hierarchy, in particular with regard to papal primacy and infallibility, will give a negative impression. In fact, it might seem to insist more on the pope, his primacy, his supreme jurisdiction, his infallibility "ex sese" especially, than on "episcopal collegiality" itself, and indeed when it is treated ex professo.

We think that, if these texts-written in a context that is admirable but composed in a very Latin style—are adopted by the Council just as they are, there is danger that we would have to say "adieu" to any dogmatically effective conversation with the Orthodox: Vatican II would thus replicate Vatican I as an obstacle.

We have said: "Catholics will accept with serenity and trust" what is said in the chapters or paragraphs dealing with the hierarchical aspect of the Church. In fact, they know through living experience, and they will know even better from all that is said in the schema about "collegiality" and the "communion" aspect of the Church that the papacy is not a dictatorship either with respect to matters of government or those of faith. This is where we should make use of everything that determines and in fact limits all jurisdiction, even that of the pope: natural law, Christian law, the finality of the office, the concomitant co-responsibility of the episcopate in relation to the pope, while maintaining all due respect for his primacy, etc.

Yet, because of the formulas used, the Orthodox world will inevitably see the opposite: that is to say, a dictatorship pure and simple... no matter how charitably the popes in general intended these formulas.

There is therefore need of another formulation of the immutable dogma of the primacy and infallibility of the successor of Peter, and this formulation must also conform to Eastern patristic tradition. But this council is, in fact, in spite of all its sincere good will, physically and psychologically a Latin council for all intents and purposes. It will be difficult for it to imagine such a tearing apart of strictly Western formulas to achieve a synthesis with an Eastern formulation. We must, however, note:

1. that this principle of different formulations of the same dogma is not only obvious but also affirmed by popes John XXIII and Paul VI.

2. that there have been precedents. We shall mention only one:

The Council of Justinian, the Second Council of Constantinople (the Fifth Ecumenical Council), gives such a different formulation of the dogma of Chalcedon (two natures), while being dogmatically identical with it, that Pope Virgilius agreed, then refused, then agreed again (under duress, but agreed nonetheless) to sign it. But others refused: e.g., northern Italy, which was in schism against Rome for 150 years, Latin Africa, which excommunicated the pope, and Ireland, which was content to make remonstrances. The West no longer identified itself with the formulations of this council.

Why, then, would a new Eastern formulation of the dogma of primacy-infallibility be impossible, even if it should surprise some Western theologians?... The overriding duty of encouraging the unity of the Church must, on the contrary, impel us to want an Eastern formulation of this dogma... This is something that can usually be done only during and after one or more Catholic-Orthodox encounters, such as Rhodes proposes.

May we suggest:

1. either affirm Vatican I soberly, and add to it, omitting certain attenuations, the notable votes of October 30;

2. or simply let all this ride until the Roman-Orthodox theological meeting requested by Rhodes, which will more easily find formulas acceptable to both parties.

Meanwhile, we are content to make a few remarks on specific points:

1) The Church of Christ, constituted in this world as a society, is said to "subsist in the Catholic Church, governed by the successor of Peter and the bishops who are in communion with him, even though there exist outside its structures many elements of sanctification and truth, which, being the very gifts of the Church of Christ, impel toward catholic unity."

To say that Christ's Church on earth is identified purely and simply with the Roman Catholic Church is to affirm indirectly that the other Christian groups, whatever they may be, are not part of Christ's Church, are not Churches, and that the Roman Catholic Church is the whole Church of Christ.

The new text of the schema, in spite of some improvements in details, has not succeeded in avoiding this wholly external concept of the Church, a very humiliating concept for the other Christian Churches which are truly Churches.

To say that these Christian groups preserve only "elements of sanctification and truth" does not suffice to characterize them as Churches. Islam and Judaism also possess "elements of sanctification and truth." Now, there is an essential difference between Islam and Judaism on the one hand and the non-Catholic Christian Churches on the other, and especially the Orthodox Churches. These Churches, in a certain measure, in spite of their dogmatic or disciplinary divergences with the Catholic Church, constitute the Church of Christ. In other terms, as soon as we admit that the non-Catholic Churches are nevertheless Churches, we can no longer say that the Roman Church is the whole Church, but only that, in our opinion, within it the notion of Church, as Christ has willed it, is more faithfully realized.

We leave to the specialists of the theological commission and of the secretariat for the union of Christians the task of finding the precise formula that expresses, with reference to the one and only Church of Christ, the real relationship between the Roman Catholic Church and the other Christian Churches which, at some moment of history for one reason or another, broke off communion with it. In this connection, we call to mind the words of Pope Pius XI: "The fragments of an auriferous rock are also auriferous." Without falling into a fragmentary conception of the Church, we can envisage, better than the text of the schema does, the relationship between the Roman Church and the non-Roman Churches.

Moreover, between "in eius communione" and "gubernata" we would insert a word or two like "de jure" or "de jure divino" (by divine right), because either in the past or at the present time some episcopal Churches—not governed by the pope—form part of the Church in an exceptional manner and do not merely possess "more or less numerous elements given to the Church."

We are thinking, for example, of the following:

a. The Schism of Antioch: Can anyone say that Saints Mellitus, Flavian, and John Chrysostom were "outside the Church," and that those who supported them, Basil, Gregory, etc. were schismatics? Can anyone say that John Chrysostom, who was outside the Church throughout his life in Antioch, "returned to the Church" when he became Bishop of Constantinople?

b. The "Great Western Schism" in which considerable portions of Latin Christianity were ruled by one or even two anti-popes, were all those persons in actual fact outside the Church? No one in the West thinks so.

c. We are thinking especially of the Orthodox Churches to which the Roman primatial institution by divine right was not clearly transmitted by the Fathers, and for whom the subsequent Roman definitions (notably, Vatican I) arrived after long separations "during which responsibilities were shared," as is now admitted, and under concrete conditions making the acceptance of the definition of Vatican I morally, strictly, invincibly inadmissible.

Therefore, the words that we propose—"by divine right" maintain the right and do not falsify the fact: the Church is the papal Church and it is incontestably the only one. However, in exceptional cases some Churches, not ruled in fact by the pope, are part of this Church, which is necessarily papal, by right.

Do catechumens belong to the Church more than do non-Catholic baptized Christians?

If an insertion of the type indicated is accepted in the spirit manifested by what is said in this note, it will greatly alleviate the painful impression of the Orthodox with respect to the texts dealing with papal primacy and infallibility in the same schema "De Ecclesia."

2) Number 15 should be done over, it seems to us, in a more ecumenical spirit. It seeks to clarify the relations between "the Church" and non-Catholic Christians. The title itself, "Links between the Church and non-Catholic Christians," presupposes that these non-Catholic Christians not only are not the Church, but they are not even part of the Church, since the Church has only some links with them. It is true that the text lists all these links, and they are numerous. But all this is external. There should be a vision of the Church in which non-Catholics would be seen from within, as members of one and the same Church which is in fact "disunited."

The way to achieve this would consist in seeing things from a historical point of view. Christ founded one and only one Church, which includes all those who, believing in him, are baptized in his name. Within the bosom of this Church, which remains always the same and always one, currents of division are always active, as so many currents of sin. Conflicts arise, some of which are quickly calmed; others, on the contrary, have ended up in the founding of true communities claiming autonomy. In these conflicts, responsibilities are shared. We consider those faithful fortunate to whom grace has been given to maintain their adherence to the integral teaching of Christ and of his Church, manifested by submission to their legitimate pastors in communion with the successors of Peter.

Those who, through no fault of their own, are more or less far from sound doctrine or from the necessary communion with their legitimate pastors, and who have constituted themselves into autonomous groups, have nonetheless not broken the unity of Christ's Church, which cannot, through anyone's fault, cease being one, holy, catholic and apostolic. There are schisms in the Church, but the Church remains one. The relations between the Church and these brethren separated from us are not, as No. 15 would indicate, the relations of a human society with deserters who nevertheless maintain a few links with the motherland. They are the relations of a mother with children in trouble, or, better, with brothers who have quarreled among themselves.

We Catholics firmly believe that we have remained faithful to the total thought of Christ and to the constitution that he has given to his Church. But our non-Catholic brethren, although they are separated from us by some articles of faith, or at odds with us for different reasons, in which we often bear some blame, nonetheless belong to the Church of Christ. And their relations with Christ's Church cannot be those of strangers who have "something in common" with us.

3) The expression "under one pastor," if it refers to the pope, is excessive. There are other pastors. There is "collegiality." The "One Pastor," purely and simply, is Christ.

4) The text seeks to reaffirm the declarations of Vatican I concerning the primacy and infallibility of Peter and his successors before going on to study the episcopate. But let us first of all say that in a chapter devoted to "The Hierarchical Constitution of the Church," we must not begin by speaking of the Roman prerogatives. Logically and chronologically, this must come at the end of the treatment. First of all there are the faithful, then the priests and bishops, and finally the "First Pastor" who is the link among the members of the hierarchy and who assures unity. Peter is perpetuated in his successors.

In the second place, the text should be written in such a way as to show how Vatican II, in dealing with the remainder of the ecclesiastical hierarchy, complements, clarifies, and gives equilibrium to the definitions of Vatican I on the prerogatives of the Roman primacy. Vatican II should not simply "go one step further" (in eodem incepto pergens). It should adapt, clarify the first step taken by Vatican I with respect to what could have seemed to be too unilateral, too rigid in its declarations. We must not be afraid to say so. More than one ecumenical council in the past has thus thrown a clearer light on the definitions that preceded it. We need only think of the role of Chalcedon with respect to Ephesus, and of the "Council of the Three Chapters" in relation to Chalcedon. Let us add a few words about terminology:

a. "Apostolic Primacy," at least to Eastern ears, is not the correct term to designate the "primacy of St. Peter." In fact, "apostolic," strictly speaking, is not an epithet reserved to matters relating to St. Peter. There were other Apostles like him. Likewise, "apostolic see" in universal ecumenical language must not be exclusively reserved for the Roman See, any more than the "apostolic benediction" is the exclusive privilege of the bishops of Rome.

b. Once again we ask the Fathers of the Council to use terms that Eastern tradition approves when speaking of the pope so as to facilitate dialogue with our Orthodox brethren. This is not the case, for example, with the expression "Vicar of Christ," even though Vatican I did use it. It is totally unknown in the Eastern tradition, where all the bishops are vicars of Christ. Moreover, the schema "De Ecclesia," No. 27, p.71, line 3, calls all the bishops "vicars and delegates of Christ." Within the Western tradition this designation came very late, in any case after the rupture between the East and the West. The popes are "successors of Peter," and that suffices as a basis for all their prerogatives. Christ continues to live in His Church: no one is his successor, as if he had disappeared and could no longer act effectively.

c. We wish to assert the same thing about the other expression by which the pope is designated: "visible head of the Church." The Church has only one head: Christ. All others who are called "head" are only his humble ministers and the servants of the Church. The annexation of the epithet "visible" does not solve this difficulty. The pope does not rank above Peter. Peter is an Apostle, leader of the apostolic college. Like Peter, the pope is a bishop, the head of the episcopal college. These titles suffice as a basis for all his prerogatives without any need to resort to metaphorical titles which are true only if they are accompanied by detailed explanations, and which in fact have resulted in unseemly exaggerations.

d. Saint Peter is called "the perpetual and visible principle and foundation of unity of faith and communion." This is excessive. Strictly speaking, these words apply only to Christ. Peter and his successors are the sign of unity of faith and communion.

5) After weighing the meaning of the different formulas used in Scripture referring to Christ, Peter, and the Apostles, on whom the edifice of the Church rests, the text of the schema seems to have felt the need to make a distinction between the Apostles, on whom the Church is "founded" (condidit), Peter, on whom the Church is built (aedificavit), and Christ, who is the keystone (angulari lapide) of the whole structure. Actually, these are only metaphors, from which we draw the following conclusion, namely that the Church is founded on Christ, the Apostles, and Peter, but with different titles that the only texts cited do not sufficiently distinguish. There is no doubt that the Apostles are the foundations of the Church and that Peter plays an eminent role in this in relation to his brothers. There is no need to push the deductions any further. 6) "Nonnisi in communione cum collegii capite et membris exerceri possunt." ("They cannot exercise this power except in communion with the head and members of the college.") This affirmation needs to be modified. If a local Church can exercise its power only when united to the head and members of the universal Church, must the union be conscious for this exercise to be efficacious and legitimate? In case of "schism," is the power suspended? To speak of an "implied delegation" in such a case would be a juridical fiction. What became of the power of the Church during the great Western Schism? What is the present power of the non-Catholic Churches? This is certainly a notion that needs to be clarified.

The same is true, on pages 63 and 64, with respect to Orthodox synods. Thus the local Church has an innate vitality... to be determined and defined.

7) "Nisi simul cum Pontifice Romano"; "et numquam sine hoc capite"; "quae quidem potestas independenter a Romano Pontifice exerceri neguit." ("Except together with the Roman pontiff; and never without that head; which power cannot indeed be exercised independently of the Roman pontiff").

Certain schemas of Vatican II, notably its masterpiece "De Ecclesia in Mundo Huius Temporis" (On the Church in the World of Our Time) are concretely pastoral in tone, style, and temper; we cannot affirm the same—in spite of some efforts in that direction—about what is said concerning papal authority in "De Ecclesia." And this is a great shame. More than that: it is extremely serious from the viewpoint of Catholic-Orthodox ecumenism. Here we fall back into abstraction, acrimony... Now, there is a way of saying things differently...

Indeed, can we act as though we were forgetting what theology, history, and experience teach? They tell us:

a. That the pope remains a mortal, responsible man, with all the consequences of that basic situation. Notably, the fact that a mortal man does not and cannot have really absolute power.

b. That the pope can resign, whereas no one resigns from his baptism, or from his priesthood, or from his episcopacy. The pope, therefore, is not a "sacramentalized" personage . . . and even less is he "transfigured," "superior to the prophets."... And yet he has a function—the highest of episcopal functions but a function extrinsic to his personality in its limited substance, just like anyone else's.

c. They also say that a pope—because he is mortal and a sinner like every other man—can find himself in a definitive physical and moral incapability of exercising his function. Who is to determine this if not the college of bishops "without its head." And that is why, instead of saying: "numquam sine suo capite" (never without its head), we would prefer: "et non sine suo capite" (and not without its head). The word "non" defines the rule, but leaves room for the inevitable exception. "Inevitable" because it has not been avoided: consider the Council of Constance.

The episcopate therefore has a permanent, fundamental right and obligation with respect to the exercise of the papal function. And it is here—without scanning the whole course of history—that Saint Paul's resistance to Saint Peter at Antioch assumes its constitutional value in the matter of collegiality, and even of the personal responsibility of each bishop.

d. In addition, traditional theology declares that a pope can become a heretic. Here again, who will pass judgement if not the college of bishops, with the rights and obligations that this responsibility—latent as it may be—necessarily gives it on a permanent basis?

e. Finally, this same traditional theology (cf. Suarez and Wernz, who echoed so many doctors before them) declares that a pope can become schismatic. In other words, he can exercise such abuse of power, as Suarez indicates, giving one or two possible cases, that he, the pope, through his own fault, jeopardizes the unity of the Church to such a degree that he can be considered as having resigned. Here again, who will pass judgement?

It is therefore evident that, supreme as the papal function is dogmatically and juridically (infallibility-primacy), as indeed it is in its order, it is nonetheless not what it would be if there were no episcopal collegiality by divine right succeeding apostolic collegiality, of which and for which Peter was constituted "primate." The apostolic college is primatized in Peter, and not imperialized.

"Strengthen your brothers" means: strengthen them in a faith that is already theirs and not a faith that descends from the pope toward them, toward the Church which would not already possess this faith! This is a faith that the Church possesses in a habitual state, whereas the infallible papal or conciliar confirmation is accidental, called for by specific circumstances. "Strengthen your brothers" means: confirm them in their activities that depend on him only for his "confirmation" or "nonconfirmation" and not for their free inception and development.

Their "activities" are not all limited to strictly diocesan jurisdiction. They can envisage vaster, even universal actions. They can pursue this goal without being acts of local jurisdiction in the strict sense. The achievement of the "Fathers," of the "Church of the Fathers," is there for us to see: their great activity of direction, movement, and thought in the entire Church. In particular, this is the monumental achievement of the so-called "Eastern" Church. What does it owe historically to the Holy See in its activities, apart from an essentially dogmatic collective collaboration between East and West, in the ecumenical councils or around them, "primatized" as this collaboration may have been?

Let us add—and ecumenically this is of capital importance that this dogmatic and jurisdictional papal authority, sovereign as it may be on its own level and in its own order, is of its very nature fraternal and not paternal in relation to the bishops: "strengthen your brothers." The pope remains one of the bishops, regardless of the fact that he is truly their primate.

And this is where we must hope for a profound transformation of the papal ceremonial relating to the bishops. As it now appears, it comes not from Peter but from Constantine. It comes from the emperor of Constantinople, with everything that the feudalism of the Western Middle Ages has added. This is difficult to tolerate, and it will be tolerated less and less, because it is neither evangelical... nor constitutional.

This renewed evangelical spirit should also inspire—as a consequence—the transformation of the ceremonial of bishops.

Humility, poverty, brotherhood must pass from words to action... A rigid hierarchism (in the imperial style) kills them..., causes flights toward old sects..., creates new sects..., in which unbelief grows, and especially the newly created unbelief of Marxism.

8) Why is there hesitation to say "college of bishops"? The term "order of bishops" has been chosen in preference. In itself, we see no problem in this. But one line further, we read: "college of Apostles," and it is affirmed that the "order" of bishops has succeeded the "college" of Apostles. We must be logical. If the Apostles constituted a "college," the bishops who succeed them also constitute a "college."

9) The power to convoke an ecumenical council is reserved at the present time to the Roman pontiff, but it has not always been so in history. Nor does it follow, according to history, that the confirmation of the first seven ecumenical councils was reserved exclusively to the pope of Rome.

10) The relations of the bishops within the college. This is the most delicate of all the paragraphs of this schema, and at the same time one in which we sense the least fidelity to the notable vote of October 30, 1963. There are so many objections that one can make about it that, practically speaking, the entire paragraph needs to be rewritten.

a. The pope is said to be "the principle and visible foundation" of unity in the universal Church, just as the bishops are each "the principle and the center of unity" in their respective Churches. This is excessive. The foundation of unity is adherence to Christ, baptism which incorporates us into him. The pope is, more precisely, the link and the sign of unity, and the same holds true for each bishop in his diocese.

b. The distinction between the bishops taken individually (qua singuli) and the bishops "as members of the episcopal college and lawful successors of the Apostles" does not seem to be correct. The bishops are always successors of the Apostles, and exercise, even individually, their share of authority over the universal Church.

c. Certain lines are a pure and simple negation of the notable vote of October 30, 1963. First, when referring to the pope, the words "power" and even "jurisdiction" are used. When referring to the episcopal college, the word "solicitude" is considered adequate, even though the bishops are "bound" to have this "solicitude"... This is a far cry from the "supreme power" of the episcopal college, as it was voted on October 30, 1963. And then it is said that this "solicitude" which is required of the bishops is not an "exercise of jurisdiction," whereas for the pope the "supreme power" is a "jurisdiction." What is the origin of this distinction, unknown in the Gospel and in patristic tradition?

d. The text indicates wherein this universal "solicitude" of the episcopal college consists: promoting unity of faith and discipline, inspiring love for the Mystical Body of Christ, and especially for his suffering members, working for the propagation of the faith, and, above all, the text says, taking good care of one's own diocese... In other words, the bishops are told: "Take care of your own affairs. You have no power over the universal Church, but it is incumbent upon you to perform a few duties of moral solicitude for this Church." With this text, we can no longer see what happened to the vote of October 30. It has been cleverly emptied of its meaning. It would be better to say that during this famous session of October 30, 1963, the Council purely and simply went astray... as has been said over and over by several Fathers, who ultimately succeeded in imposing their viewpoint on the theological commission.

e. The work of preaching the Gospel to the unbelieving world is said to have been entrusted "in a special manner" to the successor of Peter. On what biblical text does this assertion rest? This great work has been entrusted to the entire apostolic college. Naturally, this will be done in conformity with the pope's directives, but it cannot be said that this task has been entrusted to him either exclusively or personally. Review the history of Christian expansion over the world.

f. With respect to the very beautiful text (which was added) on the patriarchates, there are two desiderata: Instead of "divine Providence," which is more specifically deistic than Christian, we would put something like "A Christo Jesu 'pastore et episcopo' permanenti Ecclesiae suae factum est per Spiritum Sanctum eius ut..." (It was done by Christ Jesus, the enduring ‘pastor and bishop' of His Church, through the Holy Spirit, that...).

Why, since we are dealing with patriarchates, should we avoid the name, when the "coetus episcopales" (episcopal conferences) are named? We would, therefore, put in something like: "Quaedam inter has Ecclesias, veluti matrices fidei alias peperunt Ecclesias guasi filias, quarum celebriores Romana — aliunde ‘primatialis' —Constantinopolitana, Alexandrina, Antiochena, et Hierosolymitana, patriarchales dicuntur" (Among these Churches, certain ones, like mothers of the faith, have brought forth other Churches, like daughters. Among them the more illustrious ones, those of Rome — otherwise primatial — Constantinople, Alexandria, Antioch, and Jerusalem, are called patriarchal).

11) The text reads: "If the pope refuses his communion, the bishops cannot occupy their posts." The sentence needs to be toned down to admit episcopacy and episcopal powers outside the Catholic Church among bishops who are not in communion with the Roman See.

12) After "Roman pontiff" add "and other bishops." It does not suffice to be in communion with the pope; it is also necessary to be in communion with the other bishops.

13) On the subject of pontifical infallibility it seems to us that the few explanations given do not sufficiently balance, by shedding new light on them, the definitions of Vatican I. This is how, in our view, the doctrine could be presented under a general title: "Infallibility of the Church, of the Episcopate, and of the pope":

Even though the Church is structured, it is nonetheless a "whole." More precisely, it is first of all a "whole" for which a structure, which is internal, is prescribed.

Thus, it is the whole Church that is infallible, both pastors and faithful. It is indeed in its entirety the "Body of Christ," who is the Word, the thought of the Father, and it is quickened by the Spirit of Truth. The faith of the Church—the faith of the total Church—is necessarily infallible.

However, the authorized formulation of this faith is the responsibility of the pastors, the bishops. It belongs to their collegial function to declare the faith with definitive authority. But it is the faith of the Church that they proclaim, and not their own exclusive faith, separated from the clerics and the faithful who are the Church together with them. This collegial declaration of the episcopate has value "of itself" and not by a subsequent canonically colored approbation of the priests, clerics, and the faithful. A useless approbation: all of them are ontologically one with their pastors within the Body of Christ. And these latter proclaim the faith of the baptized pleroma, giving it an appropriate formulation. It goes without saying that the episcopal body must, for the validity of its dogmatic decision, have spoken with true, primatially "recapitulated" collegiality and not under outside pressure, as was the case, for example, during the Arian crisis.

And yet the apostolic college has a "primate," Peter, who continues to live in his successor. He too, if he speaks under the requisite conditions of manifest information, freedom, and presidency, in his capacity as primate of the apostolic episcopate, and, committing his full authority to it, formulates an indisputable affirmation "ex sese." Just as the college of bishops did not need the canonical consent of the clerics and faithful to formulate their real faith in all clarity, drawing them out of the labyrinth of actual or possible controversies, neither does the pope need the canonical consent of the bishops and the faithful to be infallible. He is united as one with them. He proclaims—in the exercise of his office—their faith and his own. His formulation cannot contradict what the Church—the bishops and the faithful—has believed and believes as a whole, even if only very implicitly until then. If there is an apparent opposition, a more thorough study will show either that there has not been a dogmatic definition (Liberius, Honorius, Boniface VIII), or that the truth thus defined—while remaining true needs to be complemented.

What is the difference then between an infallible papal formulation and an infallible conciliar formulation? The difference is that of a solo without any false note—the voice of itself being more or less beautiful—and a chorale without any dissonance, and yet more or less powerful. Other soloists, succeeding the present one in his function, other choirs will be able to take up the same themes and reveal still greater artistry, richness, and truth. And that is how the councils and the popes irrevocable as their definitions may be—complement one another. The new definitions do not change the old ones, but rather shed a light on them that can be very new. This has been seen in the past—in Christology, for example—and it can very well be seen in the future.

The fact remains that the bishops are the successors of the Apostles and possess in common, collegially—of necessity under a president—the duty of preserving and proclaiming the faith. Consequently, deep-seated customs emanating from the structure of the Church, which has not become "imperialized" but rather "primatized," and likewise rational thinking, the spirit of the Gospel, and even plain common sense, as well as the most elementary prudence demand that papal definitions not be proclaimed without the knowledge and concurrence of those in charge of pastoral teaching, in other words, the episcopate. Far more, definitions should not be declared without preparing the faithful through some preliminary inquiry or dialogue with them.

Because of all these things, the ideal, normal definition remains the conciliar definition: "Strengthen your brothers." This has been proven true in the life of the Church, in the Church's history. The rare papal definitions have all been preceded by an ecumenical episcopal consultation or by a previous majority approbation of the truth to be defined, even if not always of its advisability. It remains the right of the historians and pastors—and indeed of the theologians—to pass judgment on the advisability of papal—or even conciliar definitions.

The definition of papal infallibility by Vatican I confirms what has just been said. In this definition, the infallibility of the Church is declared to be the "principal analogue" to which the infallibility of the pope is referred.

Preparation for the Council

A – At the Stage of the Ante-preparatory Commission

On January 25, 1959, Pope John XXIII announced the convocation of the Second Vatican Council. On May 17, the Feast of Pentecost, the pope appointed an ante-preparatory commission, with Domenico Cardinal Tardini as president. The latter hastened to ask, on the following June 18th, for "the advice, counsel, and wishes of the future Fathers of the Council... for the preparation of the problems to be examined... with full freedom and frankness... concerning the questions which are susceptible of being treated at the future council."

Instead of replying individually, the members of the Melkite Greek Catholic hierarchy preferred to give a collective response. Thus the patriarch called them to a synod held at Ain-Traz on August 24 to 29, 1959. It was during this synod, almost exclusively devoted to the affairs of the Council, that the Melkite hierarchy set forth its suggestions for the Council in a collective letter to Cardinal Tardini, dated August 29, 1959, and signed by the patriarch, fifteen bishops, and four superiors general. The Melkite Greek hierarchy would continue to act in this manner: synodically and collegially. This letter accompanied the sending of two notes which we publish below in their entirety: one deals with "Reconciliation with the Orthodox," the other contains the suggestions by the hierarchy on the "Questions to be Submitted to the Council."

Note on Reconciliation with the Orthodox

This note of the Melkite Greek Catholic hierarchy was sent on August 29, 1959, to Cardinal Tardini in his capacity as president of the Ante-preparatory Commission of the Council. It already indicates the tremendous importance that the Melkite Greek Catholic hierarchy intends to give to the ecumenical problem, which, in its eyes, takes precedence over all the other problems of the Council.

Our Melkite Greek Catholic Church believes that its principal mission is to work for Christian unity, and more particularly, to reconcile our Orthodox brethren to the Holy See of Rome.

Therefore we believe that among the labors of the forthcoming Council those that should claim our greatest attention and that of the Council are precisely those which are meant to prepare for the restoration of Christian unity. It is, moreover, on this point that we believe that our contribution to the Council will be most appreciable, for, in spite of our small numbers, we represent, within the Catholicism of our time, the great Eastern apostolic Christianity in its origins. Unfortunately, the greater part of this Eastern Christianity is today still outside the Roman communion.

It is an undeniable fact, evidenced by long experience, that since the separation between the East and the West, and especially during the past two centuries, the attitude of the authorities of the Western Catholic Church, in spite of the purity of their intentions and their personal sanctity, has only exacerbated the estrangement of the Orthodox, deepened the gulf of the schism, and hardened positions. This is seldom realized in the West, where there is a tendency to accuse the Easterners of being at fault. But we Greek Catholics, who feel and endure all the repercussions of the conflict between the Latins and the Orthodox, owe it to ourselves to bring the matter to the attention of the Council, frankly indicating the principal cause of the trouble and proposing the appropriate remedies for it. 1. The principal cause of the trouble, it seems to us, is the tendency of the majority of the Latin theologians and canonists to concentrate all the authority conferred by Christ to his Church in the sole person of the supreme pontiff, making him the source of all power, and as a consequence giving excessively centralized and practically sovereign powers to the Roman Curia which acts in his name. With this perspective, it is difficult for them to see in the apostolic power of patriarchs and bishops anything other than a pure and simple delegation of the supreme authority of the pope, limitable and revocable at will. Thus the pope, the father of Christians, has become, for that part of Christianity presently dissenting from his communion, a disfigured personage, accused by the non-Catholics of insatiable pride and human ambition, often repugnant, whatever may be his personal charm, his human qualities, and his eminent sanctity.

Canon law and ecclesiology influence each other in this sphere, and give birth to theses and governmental measures that are increasingly centralized, and which, in the light of the power of the pope – that is to say, in fact, of the Roman Curia – cause the disappearance of all other authority in the Church.

Therefore the first thing we must do is to resume and complete the work on this matter done by the First Vatican Council which was suspended in 1870. It had defined the powers of the supreme pontiff, but did not have the time to define the nature and the powers of the bishops. Now, the hierarchy instituted by our Lord rests on the Twelve, with the primacy of Peter. It is indispensable from the point of view of union with the Orthodox, and of the internal peace of Catholics as well, that the power of Peter be balanced by that of the Twelve.

From the dogmatic viewpoint, that, it seems to us, is the principal task to be accomplished by the Council.

Moreover, the coming Council must, we believe, henceforth put a rein on the excessive zeal which drives certain groups or certain individuals to campaign in the Church to have the pope pronounce more and more dogmatic definitions in matters that until now have been optional. The effect of this tendency has been to stir up in reaction a contrary doctrinal tendency among other Christians, alienating them still further from the possibility of union around the Holy See of Rome.

2. Creation of a Special Commission to Work for Church Unity – The task of preparation for this part of the Council certainly should be consigned to a special commission. At this stage it is essential to consider two points:

a) Composition - This commission must not be recruited, it seems to us, solely from among the theologians and canonists with the "centralizing tendency," who dominate the bureaus of the Roman Curia and the pontifical universities, where, theoretically and practically, each one thinks that he is doing the right thing by outdoing the others with regard to the concentration of powers in the curia. This commission must also include persons of the other side, that is to say, persons who know the apostolic Christian mentality of the East, who understand its intuitions and recognize the extent to which they are good and just, persons who realize the impression that words and gestures of the Roman See can produce on the Christians of the East. Theologians of this latter category are not numerous, but, thank God, their numbers are increasing. If we were asked to name a few of them and to suggest that they be designated as members of the said commission, we would be happy to do so.

b) Orthodox Contacts – This commission must not restrict its labors to the speculative study of the powers of the bishops and their canonical formation. As a body or through some of its members, it must not fear to get in touch with representatives of Orthodoxy, prelates and knowledgeable theologians, who may even be officially designated by their hierarchy, to study these questions in truth and charity, to compare viewpoints which are often not opposed but rather complementary. Such contacts with the Orthodox are indispensable. By "Orthodox" we naturally mean the Orthodox of the patriarchates or of other autocephalous Churches, but nothing prevents conferring with the other Churches that call themselves Orthodox: the Armenians, the Copts, and the Syrians. Moreover, we know that their "Monophysitism," or, in the case of the Assyrians, their "Nestorianism," is increasingly considered to be merely verbal.

We insist on the necessity of quickly setting up the said commission for two reasons:

Granted that meeting with the Orthodox is indispensable from the viewpoint of restoration of unity, the formation of this commission and its implementation to contact them seems to be the best method of entering into agreement with them, for it is evident from the first reactions that, under the present conditions of Christianity, there will be neither an invitation from the pope to the Orthodox to participate in the Council, nor any possible Orthodox response to such an invitation. There remains only the proposed recourse: a commission which will officially assure the necessary contacts.

Besides, we can hope that the services of this "commission" will be such that the Holy Father will decide to keep it in existence, even after the end of the Council, as a permanent institution for contact with the Separated Churches. It could even become one of the Roman Sacred Congregations, to which would be imparted the handling of everything relating to ecumenism and to the constant effort to reform, without prejudice to Catholic dogma, morality, or discipline, everything that is open to criticism in Catholic relations with other Christians, whether in words or in actions. Thus the Catholic Church will become, as is universally wished, the head of a true catholic ecumenism.

The primacy of Peter, the infallible primacy, is a great grace, a charism granted by God to His Church, not for the advantage of a few, nor of Catholics alone, but of all Christians, including Orthodox and Protestants. All these Christians have the right to profit from this charism. At the present time there are obstacles that prevent them from seeing and attaining to this charism, obstacles placed either by them or by us Catholics. For our part, we must begin by removing the obstacles that stem from us, without waiting for the others to get started. This work will be part of the functions of the proposed commission.

Questions to be Submitted to the Council

The following note, also sent to Cardinal Tardini by the Melkite Greek hierarchy on August 29, 1959, is titled: "Questions proposed by the patriarch, the bishops, and the superiors general of the Melkite Greek Catholic Church for possible submission to the council."

I. Dogmatic Questions

1) In view of progressively preparing for Christian unity, and in order to avoid depriving certain souls of the advantages of ecclesiastical communion, we propose that the Catholic Church relax its present legislation on the matter of "communicatio in sacris" in all cases where doing so would not necessarily involve the denial of Catholic truth or a scandal for Christians. On this subject we note that at the present time, and especially in our countries, what scandalizes the faithful is not so much the participation of Catholics in Orthodox ceremonies as their refusal to participate in them. We believe that it is not permissible to treat Christian "non-Catholics," above all if they are Orthodox, in the same fashion as we treat unbelieving "non-Catholics." 2) Certain movements, parties, or sections, concerning which the Church has formerly made pronouncements, have taken on new forms of a nature to deceive souls. Thus we consider it useful that the Church once more determine its position in their regard, so that the pastors of souls may be provided with the necessary official documents, brought suitably up-to-date. We are thinking in particular of the following doctrines and organizations: Communism, Freemasonry, racism, Nazism, Fascism, extremist capitalism, etc. 3) The teaching of philosophy and theology in our major seminaries and our ecclesiastical faculties must assign a more important place to the doctrines of the Fathers of the Church and to modern philosophical theories.

II. Pastoral questions

4) Our century is the victim of atheistic materialism, of an unbridled pursuit of pleasure, and of religious indifference. Children and young persons are nurtured in this spirit in irreligious secular or atheistic educational institutions; the working class is losing the spirit of faith and increasingly breaking away from the Church. Thus we should review the methods of our apostolate, to re-establish contact with young people and manual workers through religious education, or by Catholic Action, to which the Church should grant an official and canonical form, as well as by encouraging priestly vocations, or through the use of the press, motion pictures, radio, television, etc. 5) Our century suffers from a crisis of priestly vocations and the lack of missionaries, in particular in certain parts of the world, as in South America, Africa, and Asia . To remedy this state of things, would it not be opportune to restudy, in the light of the true interests of the Church and its expansion, especially in mission countries, the question of married priests? The shock that this idea at first causes will perhaps be followed by a state of greater understanding. It would be also necessary to take effective measures to encourage priestly vocations and to guard against the moral isolation and material distress suffered by rural priests in particular.

III. Liturgical Questions

6) It is our hope that liturgical prayers and ceremonies while remaining as faithful as possible to the tradition of the Fathers, may evolve normally, like every expression of life, so as to be understood by all the faithful and lived by them. Certain rites need to be shortened and varied; others could usefully be reviewed with a view to the more exact expression of the truths that they contain. All should be celebrated in the language of the people. As for the Eastern Churches, however, this evolution should take place in a manner that will not accentuate the differences which separate us from our Orthodox brethren, and, if possible, be accomplished in concert with them.

IV. Questions of Discipline

7) Unification of the date of Pascha. The reform of the calendar ordered by Pope Gregory XIII in 1582, which has not yet been adopted by the Eastern Churches not in union with Rome with respect to the date for Pascha, has had as a result that Christians in the East seldom celebrate together that "Great Feast," that memorial of the "Resurrection of Christ, foundation of our faith," that symbol of our unity. Thus, according to the ecclesiastical calendar for the next sixteen years, from 1960 to 1975, we shall have the joy of celebrating together only four times (1960, 1963, 1966, 1974); four times there will be a difference of 35 days (1964, 1967, 1970, 1975); the eight other times, the difference will be seven days.

In the West (Europe, America ) and in the countries where Christians are primarily Catholic or Protestant (Africa, Asia , Oceana), there is little awareness of the importance of this problem. Throughout the East, however, and wherever there are Orthodox minorities, Christians suffer painfully from this situation, as much from the religious viewpoint as from the social viewpoint.

In fact, in all those countries, there is no strict compartmentalization between the various Christian communities; many families are mixed: numerous families have a Catholic branch and an Orthodox branch. All families maintain among themselves social relations of friendship, neighborliness, and business. In the East the feast of Pascha assumes a very particular importance, not only to the Christians but also to their Muslim neighbors, who, on this occasion come to visit them and to offer their felicitations. Think of how much pain the Christians feel on this occasion which should be in principle only a time of internal and external joy! Think of the sarcastic remarks of which the Christians are the object on the part of others: "While some raise Him," they say, "others bury Him"! Not all the people are scholars or cultivated persons to see in this calendar difference only a question of astronomical calculations. The Muslims see in it one of the irremediable defects of Christianity, dedicated to division. The majority of ordinary Christians see in it an effect of the stubbornness and ill will of the ecclesiastical leaders. Each year the same catch phrases and the same complaints are stridently repeated.

More than ever, in the Arab East, Christians feel the need for unity, at least in externals, while waiting for a more complete and more permanent unity. This need for unification of the date of Pascha is so great that, when His Holiness Pope John XXIII announced his intention of convoking an ecumenical council, good Christian people of all confessions universally thought that this council would have as its principal aim the setting of a common date for the "Great Feast" of all Christians!

In the days of the League of Nations at Geneva , there were studies of various projects for calendar reform. What interests us is the date of Easter or Pascha. Among those projects there was one which proposed setting the date of Pascha as the second Sunday of April. This project received the adherence in principle of the Catholic Church, of Protestants, and of the Orthodox Churches. However, the political events of that epoch, notably the war of 1939-1945 and the disturbances that it brought to the world and which caused the League of Nations to disappear, have made the reform of the Paschal calendar disappear from view.

That is why we suggest the establishment at Rome of a small commission of a few specialists to study the question technically and to immediately make contacts with the Orthodox Churches on this matter. These contacts are absolutely necessary; they should be pursued with perseverance and charity until a conclusion is reached. They may well result in an agreement which could be put into force even before the meeting of the council.

8) We propose a revision of the Code of Eastern Canon Law, both those parts already published and those to be published in the future, before its definitive promulgation. This revision, in which the Eastern Churches themselves should be better represented and, above all, heard, would be carried on in the spirit of a greater fidelity to the authentic traditions of the Christian East, without excluding the advisability of making minor changes tending to simplify and mitigate the ancient law. We are thinking in particular of matrimonial law and of the need for our countries in the East to recognize the validity of mixed marriages contracted before Orthodox authority. This is a very important point on which our patriarchate and the bishops united in synod have frequently approached the Holy See of Rome, strengthening their propositions with factual arguments, which seem to them to be decisive. 9) The election of the sovereign pontiff should, it seems to us, have a broader base. To confirm the authentic catholicity of the Church, and given the centralizing powers that the pope ordinarily assumes in the Church as a whole, we propose that henceforth the Eastern patriarchs participate in his election. We would be pleased also to have this election carried out by a still larger number of electors, better representing all the Churches of the Catholic world.

10) Pontifical representation in the world, whether its character be diplomatic or simply religious, should be subjected to a serious revision, so as to avoid having the papal representatives transformed in fact into "superbishops" governing, in the name of the pope, the dioceses of the entire world. In selecting them, the choice should not be more or less reserved to those in a Christian nation to the detriment of the others. We would wish also that Easterners might be called to render such services to the Church.

11) We propose that the Holy See bring about a reform of the Roman Curia, leading to a clear-cut decentralization of powers and to a real catholicity (viz., international character) of those who compose it. Excessive and continuously growing centralization is one of the principal grievances of non-Catholics and of Catholics themselves against papal authority.

12) The General Council should, we believe, solemnly reaffirm the declarations of earlier councils and the formal promises of the popes relative to the rights and privileges of the Eastern Churches. Earlier councils and popes assured the Eastern Churches which would unite with the Roman Church that the rank that they occupy in the Church, the rights and privileges of their patriarchs and bishops, and the rite and discipline that belong to them would be respected and protected. It must not happen that these hierarchs should be rendered in fact illogical in their declarations and unfaithful to their promises. With such precedents, which cast doubt on the good faith of the Catholic party, it is not possible to hope to deal fruitfully on the subject of a return to catholic unity with our separated brethren. We think in particular of the following three points:

a) The ranking of Eastern patriarchs in the Catholic hierarchy – This rank, as it was established in ecumenical councils and which the popes have promised to respect, places the Eastern patriarchs immediately after the Roman pontiff. Thus it is not permissible, out of respect for the authority of the ecumenical councils and for the formal promises of the popes, as well as for the very interests of the Catholic Church and for the efforts for the restoration of Christian unity, that all the cardinals and all the representatives of the Holy See of Rome, even if they are not legates a latere, and even if they are simple priests, should precede the Eastern patriarchs. The order of precedence in the Catholic Church should remain what it has always been: the Pope of Rome in first place, then in order the actual Eastern patriarchs, not the titular patriarchs of Constantinople, of Alexandria, of Antioch, and of Jerusalem.

b) The powers of the Eastern patriarchs – The new Eastern canon law, promulgated by the Holy See of Rome, does not respect the prerogatives of the patriarchal institution, and submits the exercise of the majority of patriarchal powers to the humiliating and unnecessary prior or subsequent authorizations of the Roman Curia.

c) The safeguarding of the Churches – The Holy See of Rome should take effective measures to prevent the latinization of the East by poorly-informed Western missionaries. Eastern Catholics should remain Eastern. Eastern Catholics are no less Catholic than their Latin brothers. It is not necessary to be Latin in order to be fully Catholic. The establishment of Latin ordinary jurisdictions whose goal is to sustain the latinization of the East must be forbidden. Such, for instance, is the "Latin Patriarchate of Jerusalem," which is a real threat to the Christian East, and which should be suppressed. The Eastern Catholic Churches have as many, if not more, rights over the Holy Places as the Latin Church, rights which today are absolutely unrecognized by Latin authority. Moreover, Eastern Catholics dispersed over the world should be provided with pastors of their own rite, at all levels of the hierarchy, and in collaboration with local authority.

On these three points the bishops of our patriarchate have set forth their thoughts in detail in a synodal letter to Pope Pius XII, dated February 10, 1958, and in a synodal letter to Pope John XXIII, dated May 1, 1959.

13) Restoration of the institution of metropolitan. The role that the institution of patriarch plays in the East, should be played by the institution of metropolitan or primate in the West, in relation to the suffragan bishops of one province or of one country. This presupposes the restoration in the West of the institution of metropolitan, which for centuries has been reduced to the rank of an almost entirely honorary position. Thus at the head of a region or of a country there would be a centralizing function, intermediate between the authority of the pope and that of the bishops, a role which until now has in practice been carried out by the representatives of the pope, thereby contributing still more to the centralization of the Church.

14) Episcopal powers should be recognized and strengthened. In what concerns us, we are thinking of the power of bishops, which has always been recognized, to elect their patriarch, to elect their colleagues in the episcopacy, and to ordain the clerics of their dioceses, and to do these things without any hindrance from the Roman Curia.

15) The position of the priest in the Church should be re-evaluated, both spiritually and practically.

16) Clerical attire. It is time, we think, for clerical attire to conform better to the needs of life and of contemporary duties.

17) The discipline of fasting and abstinence, as well as the number of holy days of obligation and the way to observe them, should be revised. On these subjects there are too many divergences from one place to another. Fasting and abstinence are rarely observed. The abstention from work on Sunday and holy days of obligation can no longer be based on the outdated and sometimes inequitable distinction between servile works and those which are not.

18) The Western Church is inclined to legalism and to the organization of the Church as a human society. This mentality presents the difficulty of viewing the Church from an angle that is too exclusively human, as being like every other society of the world, whereas the Church is above all a spiritual and supernatural society, whose primary goal is not of this world. This mentality should be re-examined, as well as the legislation and the canonical institutions that it animates.

19) The need is felt to set forth solemnly the position of the laity in the Church: their role, their mission, their rights and duties, their participation in the apostolate, and, in particular, their collaboration in the material tasks of the Church. In other words, the Church should establish a theology of the laity, which can be drawn up from the papal documents published especially since Pope Pius XI.

Calling Upon Non-Roman Collaborators

Patriarch Maximos noticed that the members of the Ante-preparatory Commission were all chosen from among the officials of the Roman Curia. He saw in this a possible danger for the direction that the future Council might take. The East, in particular, was not at all represented. On August 11, 1959, the patriarch expressed his thoughts to John XXIII, with his customary frankness and courage.

Most Holy Father:

The consolation that I felt at the time of the long audience that I had the honor and the joy to have with Your Holiness on last May 23rd and also the spirit of supernatural comprehension of the problems of the Eastern Church which Your Holiness demonstrated, induce me to address to you with confidence and frankness these few lines that I believe necessary for the good of the Church in view of the forthcoming Council.

Your Holiness has deigned to name an Ante-preparatory Commission for the ecumenical council, composed of prominent ecclesiastics, whose eminence nobody can dispute from any point of view.

This commission has stated that it "will receive with a respect and veneration the opinions, advice, desires, and requests of the bishops and of all those who by right will be Fathers of the council..." We are all profoundly grateful to it for this, and the episcopal body of our Church will soon submit its ideas to the commission.

However, all the persons who compose this commission – permit me, Holiness, to say this humbly and simply – belong to the Roman Curia. The ideas that guide them follow a predetermined direction, toward an ever more closed centralization from which the Latin world itself is suffering, without anyone daring to talk about it for fear of being considered anti-Roman. As for the Eastern Church, it absolutely cannot live in this atmosphere. Thus the wall that separates the Eastern Church from the Western one is becoming thicker and thicker. The council will without doubt have great repercussions on the Western Catholic Church, but it runs the risk of not having any effect on the Eastern Church, which will not have been touched at all.

Would it not be appropriate and even necessary to have among the members of this Ante-preparatory Commission – and, for greater reason, of the Preparatory Commission that will succeed it – ecclesiastical persons who are profoundly Catholic and Roman, but at the same time open to the problems of the Eastern Church? Must the Eastern Church always remain a closed book for the Western Church ? No successor to Saint Peter is better able to grasp these ideas than Your Holiness. Therefore I implore Your Holiness to break this ice that is over one thousand years old and to hear other voices than those of the Roman Curia, for which we otherwise have the greatest respect and consideration.

I entrust these humble lines to your heart as successor of Saint Peter, for whom the unity of the Church of Christ is the highest ideal.

B – At the Stage of the Preparatory Commissions

During the stage of those commissions which are properly called preparatory, it was at the Central Commission, above all, that the Melkite Greek Church had its greatest influence. Patriarch Maximos was named a member, as were all the other Eastern patriarchs. He made a great contribution. In spite of his age and the occupations of his high pastoral duties, at a profoundly troubled epoch in the history of the Arab Middle East, the patriarch took part personally at one of the meetings of this commission (January, 1962). He had to excuse himself from the other meetings, but he had obtained from the pope the favor of being represented by his secretary, so that his thought and that of his Church were always heard.

Further efforts was expended in the Eastern Commission, in which the Melkite Greek Catholic Church had three representatives: Archimandrite Neophytos Edelby, then secretary to the patriarch, Archimandrite Athanasius Hage, Superior General of the Basilian Chouerite Order, and Archimandrite Maurice Blondeel, Rector of the Melkite Greek Seminary of Saint Anne (White Fathers). A third field of action was provided by the Commission "on Bishops," to which Kyr Philip Nabaa, Metropolitan of Beirut , made an important contribution.

All told, five Melkite Catholic Greek prelates participated directly in the preparatory commissions of the Council. However, these contributions, even when presented with the signature of one or the other, were in reality the fruit of multiple consultations and of close collaboration among the members of the hierarchy.

It is necessary to add here the name of a sixth Melkite Greek Catholic among the most eminent: the late Cardinal Gabriel Acacius Coussa, who died unexpectedly in July, 1962, on the eve of the opening of the Council. As Assessor of the Eastern Congregation, then as Cardinal, he collaborated with the works of the Eastern Commission and of the Central Commission. He would have been able to play a very important role at the Council. Providence decided otherwise.

In general, the interventions of the Melkite Greek Catholic prelates created a sensation. But, with speaking time strictly limited to ten minutes, they sought to present the essentials of their thought, sacrificing proofs and nuances. The notes they entrusted to the different preparatory commissions of the Council are more numerous and more fully developed. It is especially in them that one finds the underlying thought of the Melkite Greek Catholic hierarchy. Since they deal with quite varied questions, we have not chosen to group them all in this chapter devoted to the preparation for the Council. They will be found distributed, according to the order of the subjects, among all the chapters of this collection, interspersed with the interventions that are conciliar in the strict sense.

For a Permanent Roman Organization on Ecumenical Matters

What first drew the attention of Patriarch Maximos in this second stage of the preparation for the council was the absence, around the pope, of a permanent organization for ecumenical matters. For a council that had for one of its principal goals to prepare the path for union between the Churches, this lacuna was serious. Profiting from his first visit with John XXIII, on May 23, 1959, the patriarch sent him the following note, which already demonstrated the constant concern for ecumenism that the patriarch would bring to the council. This note doubtless played a part in the setting up of the "Secretariat for Christian Unity."

Here is a humble suggestion that I entrust to the great heart of His Holiness Pope John XXIII, supreme head of the universal Church. At the present time, when there is so much talk about ecumenism, would it not be advisable to have in the Catholic Church, which represents Christ on earth, a permanent institution to promote the union of the separated Churches, in accordance with the desires of our Lord? The reiterated appeals from time to time by the sovereign pontiffs seem to have had almost no effect. Even more, they seem at times to have produced a more pronounced stiffening against Rome .

Would it not be advisable, for example, to create a new congregation or a special Roman commission to deal with everything that concerns the relations with the Christian Churches that are not in union with the Holy See, and with everything that can promote progress towards union? That is a very serious question that seems to deserve the greatest attention.

In this congregation or commission there would be a high-ranking member of the Holy Office, of the Sacred Congregation for the Eastern Church, and a member of the Secretariat of State. Everything relating to ecumenism would be in the jurisdiction of this new institution. Within this institution the member representing the Holy Office would be free to make necessary dogmatic remarks, without his being able to take any measures against the persons subject to this institution, which for its part would have the right to act severely, if need be, whether ex officio or at the request of the Holy Office itself. Through this new creation hearts and horizons would be widened, and thus, it would seem, the first steps would be taken for effectively approaching our brothers separated from the center of Christian unity.

The Language of the Council

In collaborating in the preparations for the council, the patriarch was intrigued by the excessive importance that certain Roman groups gave to Latin. The patriarch saw in this notable drawbacks, relating to the very character of the council: was this a plenary Council of the Latin Church or something more? He first raised the subject with Archbishop Pericle Felici, then Secretary General of the Central Preparatory Commission. The letter is dated February 4, 1961.

Concerning the language to be employed in the forthcoming council, a number of high prelates have already declared to the press that only Latin would be authorized. It has even been specified that although the Fathers of the Council could use modern Latin for the deliberations, it was understood that for the publication of the Acts of the Council only classical Latin would be used.

On this subject, we wish to make a proposition. We agree that, for us also, classical Latin must be the language of the Acts of the Council. However, we suggest that for the speeches and the deliberations, in full session or in commissions, the Fathers should be able to freely use a living language of their own choice from among the four or five living languages most frequently employed today in international meetings. To this end, the organizers of the council will do well, it seems to us, to profit from the progress of modern technology: the speeches, submitted in advance, will be simultaneously heard in all the admitted languages, and the deliberations will likewise be translated and retransmitted by qualified interpreters.

The exclusive use of Latin presents, in fact, notable drawbacks: the great majority of the Fathers of the Council are not able to express easily, rapidly, and correctly in Latin the nuances of their thoughts, above all on matters of the modern apostolate, where the classical formulas render the thought only in an imperfect manner. It would not be proper, we think, that because of insufficient practice in Latin the majority of the Fathers should be reduced to remaining silent or to expressing themselves incorrectly and without nuances…

On May 17, 1961, the patriarch, moved by the evasive responses made to him, decided to write directly to Pope John XXIII on this question of the language of the council. Although these observations unfortunately were not accepted, they certainly had the merit of preparing for the future.

Holiness:

The simplicity and the freedom with which Your Holiness wishes that we express ourselves in addressing you on matters concerning the Second Vatican Council encourage me to submit to Your Holiness the following question regarding the language of the council.

On February 4, 1961, under No. 121313, I had the honor to address to His Excellency the Secretary General of the Central Preparatory Commission a letter containing a concrete proposition for the authorization of the Fathers of the Council to use, in addition to Latin, a few living languages, taking advantage of the progress of modern technology which facilitates the deliberations at international gatherings. In his response of February 13, 1961, Prot. N. 694 COM/1961, His Excellency Pericle Felici gave me the assurance that the question would be carefully studied and that the decisions adopted would be communicated to me.

Now I have just read in the press a note that has all the appearance of being at least a semi-official communiqué. It announces that, "an installation of simultaneous translation will be set up for the use of the official observers of the various non-Catholic Christian confessions who will attend the council, so that they may be able to follow the deliberations that take place in Latin."

I am very happy with this initiative, for which the Technico-Organizational Commission should be congratulated. Nevertheless, I wonder why is it necessary that the said official observers and/or delegates should be favored more than the Fathers of the Council themselves? Is it that there can be a suspicion that the majority of these Fathers even those who use Latin in the performance of their liturgical ministry are not in a position to follow with ease discussions in the Latin language, and above all to participate appropriately in them? Will it thus be necessary that all the substantive activities of the council that are so far-reaching and so diverse be concentrated in the hands of a small number of specialists?

The council must without doubt have an official language and it is natural that this official language be Latin. Still, in addition to this official language, the bishops incapable of expressing themselves sufficiently well in that language should be able to express themselves in one of the languages recognized today as universal. Why is it necessary to exclude from the dialogue successors of the Apostles who have, by divine right, the qualifications to teach and govern and to reserve this right to the latinists, some of whom could not be successors of the Apostles?

The common sense that, in addition to so many other qualities, is a remarkable ornament of the spirit of Your Holiness will not allow that so serious and so just a criticism be made, now or in the future, of so important a council convoked by Your Holiness.

That is why, convinced as I am of being on this subject the spokesman for the great majority of the Fathers of the Council, I come to beg humbly and urgently Your Holiness to kindly give instructions to those in charge to put into practice the suggestions contained in my aforesaid letter of February 4, 1961, namely: 1) to authorize, in addition to Latin, the use in the council of a few other modern languages; 2) to install a system of simultaneous translation, not only for the use of the official non-Catholic observers, but also for the benefit of the Fathers of the Council...

Finally, on October 23, 1962, the patriarch, speaking to the council concerning the use of living languages in the liturgy, took advantage of the occasion to entreat for the use of living languages at the council, by means of simultaneous translations.

Concerning vernacular languages, may we be permitted to say a few more words.

How happy we would have been if we had been permitted to understand all that is being said in the council, by means of simultaneous translations, as is done in all the great international assemblies. We are not maligning anybody when we say that the exclusive use of Latin prevents us, and also prevents many others, from understanding questions that are often serious, on which we are required to render decisions. We of the East are not obliged to know Latin, but we have the right to pronounce judgment only when we understand what we are doing. The words of St. Paul , "How can anyone ...say ‘Amen'... when he does not know what you are saying," applies to us. Moreover, we are required to place our signatures at the bottom of the acts of the council, and this can be done only with full knowledge and understanding of what we are doing. For us of the East, translation in one, or, even better, in two languages will be enough, and that is not so difficult.

We urgently beg the venerable president of the council to do what is necessary to accede to our legitimate request and thus permit us to perform human acts and not mechanical ones.

We address to him in advance our most sincere thanks.

Organization and Internal Regulation of the Council

From June 12 to June 22, 1961, the Central Commission held its first working session. The state of the health of the patriarch did not allow him to make the trip to Rome . He sent his opinion in writing, dated May 19, 1961. He replied to the questions, point by point. Here we publish the most noteworthy passages of his answer in regard to the agenda item, "Questions on the Manner of Holding the Council."

I. "In addition to the persons who must of right be summoned to the council, who should be admitted and by what right?"

The council is a general assembly of all the bishops of the Catholic Church, in communion with one another and with the Roman See, under the presidency of the Bishop of Rome. It is, in other words, the solemn assembly of the successors of the Apostles, under the presidency of the successor of Peter.

This concept, traditional in the East and in conformity with the practice of the first ecumenical councils, entails the following practical consequences:

1) All Catholic bishops, whether residential or titular, are members by right of the council. Episcopal consecration, in fact, and it alone, establishes them as successors of the Apostles. All who hold this title have deliberative votes.

2) It follows, therefore, that no priest or other cleric can by right be a member of the council, whatever his personal qualifications or the high position that he may occupy in the Church. In fact, from one viewpoint it is not ecclesiastical rank, knowledge, or ecclesiastical power which confers the status of successor of the Apostles, but episcopal ordination. From another viewpoint, it is not proper for the Church to change in this regard the constant and universal tradition of at least the first eight centuries its history on a point intimately linked to the foundations of the constitution of the Church.

There have in fact always been in the Church, in the first centuries as well as today, monks and priests who, because of their eminent theological doctrine or their exceptional apostolic activity have exercised in a practical way a greater influence on the destinies of the Church than a sizable number of bishops. Nevertheless, that has not appeared to the Fathers of the Church to be a sufficient reason to have these monks or priests sit in councils as de iure members.

As a result of this principle, no priest not invested with the episcopal dignity—even if he is a cardinal, or nuncio, or apostolic delegate—can be admitted as a member of the council. It is clear, however, that these high dignitaries should be able to be called to the council and to enjoy a deliberative voice in it. Thus we suggest that henceforth these dignitaries be invested with the episcopal character. It is the episcopal character, and it alone, and not the importance of the position that one occupies, that confers in the Church the standing as a successor of the Apostles and consequently constitutes the foundation of all precedence. It seems to us that the Church must hold firmly to this criterion of the apostolic tradition.

3) It is nevertheless desirable and even necessary that there should be monks and priests not only in the preparatory commissions of the council but also as counselors in the course of its business. They constitute vital forces which the Church should utilize, but they can have only consultative voices.

4) On the other hand, the ancient tradition of the Church has admitted to councils clerics who were not bishops, but only as representatives of the Roman pontiff (legates a latere), the patriarchs, and of other bishops who were legitimately absent. As for these representatives, the ancient tradition granted them a deliberative voice, because they were seen as expressing opinions of their mandatories. Today, because of the volume of the matters to be treated and of the ease of communication, it may appear expedient or desirable not to admit these representatives (except those of the Roman pontiff), or to accord them only the right of being present and of signing the Acts in the names of their mandatories.

II. The Language of the Council

1) It is true that today Latin is the ecclesiastical and especially the liturgical language of the Latin Church, but it is false to say that Latin is the language of the Church, meaning by that the Church that is catholic and universal. This confusion between the Church and the Latin Church is very regrettable.

2) Since the council represents not only the Latin Church but the whole Church, it is not proper to consider the language of only one of the Churches that constitute it, albeit the principal one, as the only language of the council.

3) Moreover, from the historical aspect, Latin has not always been the language of councils, at least not the only language. Hence, we should not make the exclusive use of Latin at the council a question of a sacred principle, which would imply, if pushed to the extreme, the denial of the authentic catholicity of the Church. The question is purely practical. In other words, it concerns knowing what language it is proper to use so that the Fathers can speak and make themselves understood. This is not a question of an intangible principle or of prestige. It is a question of convenience. Even to express revealed truths, languages other than Latin have formerly served and can still serve. The Roman Church used Greek during the first three centuries. It is necessary above all to avoid making Latin a sort of untouchable dogma.

4) In all the questions that we have to consider, or the decisions that we have to make, we must always take into account the impression which we will make on those Christians who are not yet in union with the Holy See of Rome. We are not directly a "council of union," but we are a "council preparing for union." Let us then not assume attitudes or make decisions of principle which will rebuff them, drive them further away. They are perfectly capable of understanding the practical convenience and necessities in the use of languages, but they would have every right to complain if we wished to impose on them, as an ecclesiastical principle, the use of the Latin language.

5) Having said this, we readily agree that today the most practical language for the council, when everything is considered, is Latin. The Acts of the council and all other official documents will be drawn up in Latin.

6) As far as the interventions of the Fathers, either in commission or in full session, are concerned, Latin will ordinarily be the language most frequently indicated. But we must provide equipment, like that in use today in international congresses, permitting the Fathers to express themselves in one of five or six of the most widely known languages of the world, with simultaneous translation into Latin and the other languages. We might propose the following languages: French, English, Italian, German, Spanish, and Portuguese. It is rare that any cultivated person, as the Fathers of the Council are, is unable to understand and speak fluently one or another of these languages. Thus the Fathers will not be reduced to the role of spectators or of listeners to speeches that have been more or less prepared in advance, giving a disproportionate advantage for the latinists over the pastors of souls and over other theologians who are not always accustomed to using Latin.

Invitation of Non-Catholics to the Council

A second meeting of the Central Commission was held from November 7 to 18, 1961. The patriarch was not able to take part personally. The agenda included, among other items, a series of questions concerning "the invitation of non-Catholics to the Council." It was only this last point that the patriarch developed in his reply of October 4, 1961.

1. Should observers from the Orthodox and Protestant Churches be invited to the council?

Yes, without any doubt. If the coming council were a council of union, in the fashion of that of Lyons in 1273 or of Florence in 1439, we would have wished that all the Orthodox bishops of the East would be convoked to the council, even before the proclamation of union. Since the forthcoming council will be above all "an internal act of the Catholic Church," the least that we can do is to invite the Orthodox Churches of the East and the Protestant Churches to be represented there by official observers, who must not be treated as journalists or simple spectators.

2. What qualifications should these observers have?

It is preferable, on the part of the Catholic Church, not to establish any qualification or requisite condition for these observers. The non-Catholic Churches themselves will decide which observers designated by them will represent them worthily. Their names will be provided to the authorities of the council, who should naturally agree in advance, as is the case for diplomatic representatives. As for the number of the observers, it seems preferable to leave this determination to the invited Churches themselves.

3. To what sessions should the observers be admitted?

It is difficult to reply to this question without knowing in advance how the council will be concretely organized.

At least it is possible to say that these observers should be admitted to as many sessions as possible, and not only to the general sessions, for then their role would consist of a merely ceremonial presence. They should also see the Fathers of the Council at work, whether in commissions or in private sessions, with or without theologians. The observers should not have the impression that they are being invited merely to cleverly-staged ceremonies. Besides, the Catholic Church has nothing to hide, and one can justifiably suppose that the possible discussions among the Fathers of the council will contain nothing that is not edifying. Even differences of opinion or of pastoral attitude will be very well understood by the observers.

We exclude from this general rule only the organizational meetings of subcommissions for drafting or for administration, which have no general interest for the observers.

Before and during the council, the Secretariat for Christian Unity should be the agent for liaison between the council and the observers. It can organize meetings, exchanges of views, etc. It is in this sphere that the non-Catholics could express their viewpoints and obtain replies from qualified Catholic theologians.

4. What non-Catholic Churches should be invited?

Limiting ourselves to the Eastern Orthodox Churches, we say:

a) The invitation must come from the Holy Father himself, and it must not be communicated to the press before it arrives in the hands of the recipients. It is fitting that the personal invitation of the Holy Father be delivered by hand by the representative of the Holy See in each area.

b) The invitation must not be addressed to the Orthodox bishops individually, but to the head of the Church to which they belong. The Orthodox do not like to have the pope go over the heads of the highest authorities of their Church to address each bishop directly. Besides, the invitation is to be addressed to the particular Church as such, requesting that it send observers.

c) The invitation should be addressed to all the Orthodox Churches, autocephalous or autonomous, in the persons of their respective heads: patriarchs, archbishops, or metropolitans. The guidelines on this matter could be what was done recently at the Pan-Orthodox Conference at Rhodes , or else an official request can be made to the Ecumenical Patriarch for the list of Orthodox Churches considered autocephalous or autonomous.

Remarks Concerning a New Formula for the Profession of Faith

The same session of November, 1961, was to study a new form for the Profession of Faith. The patriarch attended, and on November 28th made some remarks reflecting the Eastern viewpoint.

1) Concerning the addition of the "Filioque" – While professing the doctrine expressed by this word, this addition as such remains optional in the Eastern Catholic Churches, according to the declaration of the Council of Florence. A remark, appearing as a note, at the bottom of the text, could explain this. This could have an excellent effect on the attitudes of our Orthodox brethren.

2) Concerning bishops – I believe that it would be good to make more explicit the collegiate responsibility of the episcopate, in communion with the Roman pontiff and under his authority, in the general administration of the Church, according to whatever the forthcoming council may declare to complement the definition of the primacy and the infallibility of the Roman pontiff made at the First Vatican Council. For a complete view of things, that previous definition needs to be balanced by a more precise declaration of the nature and the powers of the episcopal body.

3) Concerning the "words of consecration" – The text of the profession of faith on this point should not be understood as excluding, in transubstantiation, the fulfilling action of the Holy Spirit, such as is traditionally expressed in Eastern liturgies by the prayer of epiclesis.

4) As to form – It would be better to state which are the points of the encyclicals Pascendi and Humani generis that are to be included in the profession of faith, rather than referring to these two encyclicals in a general way.

Patriarchal Letter on the Eve of the Council

When the patriarch was about to leave for the first session of the Council, he addressed to his Church a pastoral letter, dated September 30, 1962. In it he explained the mission of his Church at the Council and called upon the faithful to collaborate with it.

Glory always to God!

Maximos IV

by the grace of God Patriarch of Antioch and of all the East, of Alexandria and of Jerusalem,

to our dear Children, the Priests, the Religious, and all the Faithful of our Melkite Greek Catholic Church both in the East and in the Emigration.

Peace, Salvation, and Apostolic Benediction!

At the point of my departure for Rome , with most of our venerable brothers the bishops of our eparchies, to take part in the work of the Second Vatican Council, we wish, dear children, to address this letter to you to inform you about the mission to which we intend to consecrate our efforts.

A Church council is not an international congress in which states, nations, or other peoples are represented by delegates, with the view of participating in works or projects relating to scientific, literary, or political interests, or other lofty purposes, for the good of the members of the congress or that of human civilization in general. However noble the aims of these congresses may be, they are very different from those of councils convoked by the Holy Church, in which only the bishops of the Catholic world solemnly take part to testify concerning the truth of the revelation recorded in Holy Scripture and in the deposit of faith conserved in Christian Tradition, as well as to lay down the disciplinary regulations that the Church needs according to the varying requirements of the times to help Christians reach their eternal destiny in the most efficacious way.

The bishops united in the Council are thus not deputies charged with representing their eparchies, their patriarchates, their communities, their nations, or their own people. Neither are they counselors qualified to express their own private opinions before the council. They are the successors of the holy Apostles, to whom Christ entrusted the mission of preaching to the world and of baptizing the nations in the name of the Father, of the Son, and of the Holy Spirit, promising to be with them always until the end of the world.

In this capacity, the bishop has a teaching, jurisdictional, and sanctifying power for the universal Church. A bishop, who in ordinary times is the head of a particular eparchy and whose power is restricted by the boundaries of this same eparchy, sits in the council as one of the successors of the Apostles, with universal jurisdiction over all Christians of the entire world, bearing collective solicitude for all the Churches, in union with the successor of the leader of the Apostles, Peter, whom Christ established as the visible head to shepherd his flock.

The bishops of the council come from all the countries of the world. Each one thus represents the experience of the Christians of his region with respect to the understanding of Holy Scripture, fidelity to the apostolic tradition, practice of the spiritual life, the ordering of public prayer, the observance of fasts and holy days, and also the administration of the sacraments. In addition to that experience, each bishop knows the particular needs of his Church, in regard to a better knowledge of religion and a more faithful practice of the Christian virtues, as well as its needs for assuring the propagation of the word, and for overcoming the spiritual and moral dangers to which his faithful are exposed. Putting together this aggregate of diverse experiences and reactions, the bishops of the council define, in the light of Christ's teaching, what conforms to the true faith and what does not. They reaffirm sound morals, both public and private, and they disseminate evangelical principles throughout society. In all of this, they have at heart safeguarding the unity of spirit, and fulfilling the wish expressed by our Lord that all who believe in Him may be one, as He and the Father are one.

Such is the mission that is confided to us, as well as to your venerable bishops, at the council. Such are also the intentions of the souls of each one of us.

The Second Vatican Council presents some particular circumstances in comparison with councils that have preceded it. Among others, we must point out the fact that previous councils were most often assembled to clarify an obscure point of dogma or to reject a particular heresy or to condemn a sect. The council to which His Holiness Pope John XXIII has summoned us aims, in the first place, at pastoral action that proposes to eliminate everything that mars the Church and makes it appear outmoded in the light of the rapid evolution of humanity in various spheres of life. The Church will thus appear before the world as "glorious, without spot or wrinkle or any such thing, that she might be holy and without blemish." In appearing thus to the world, the Church will have taken a great stride along the road toward the regrouping of Christians and will have drawn them closer to the unity that Christ desires.

The matters that will be treated at the council are extremely varied. We cannot give you even an elementary idea of these matters here. We only wish to inform you of the spirit with which we, patriarch and bishops, shall deal with these questions.

Each question in fact, can be treated under different aspects. Preparatory commissions, composed of eminent ecclesiastics, have considered all these aspects. At the council itself, other commissions will be designated to review them. What will be our attitude on all these questions?

The particular viewpoint that we shall use as a basis for our actions will be what bearing each of the proposed solutions might have on the problem of the union of the Churches. This union is not the direct goal of the Second Vatican Council, but it is the ultimate and long-term goal.

The union of the Churches undoubtedly represents for a considerable number of bishops a serious and fundamental problem, but they perceive it only theoretically. For us, the schism is a wound that is always bleeding, that we feel at the greatest depth of our souls. The problem of the union of Churches is our greatest care, our primary concern, and the deepest desire of our hearts. It is the goal to which we stretch all our energies, and for which we wish to be the redemptive victim, so that it may be attained. It seems to us that working for the union of Churches is our reason for being and the fundamental mission which Providence has entrusted to us, individually and collectively. The Orthodox of the East and we constitute only one people, one family, one blood, one language, one mentality, one rite, and one history. Our religious and social problems are the same. We need to unite with them as much as they need to unite with us. Each of us nurtures a sincere love and a deep affection for the other, but each refrains from manifesting what we feel. The time has come for the two brothers to embrace one another at last after their long separation. The time has come for Christians to work to fulfill Christ's wish: "that they may be one."

For all these reasons, you understand, dear childern, why we intend to consider all questions at the council in the light of their effectiveness in facilitating union. We have taken on ourselves the responsibility of representing at the council the true Eastern spirit, this spirit of apostolic tradition, which in itself brings forth sanctity that is just as eminent as that attained by the Catholic West, for in both cases holiness proceeds from the same wellspring, which is the Holy Gospel and the Savior's cross.

On this occasion, We wish to reaffirm here what we have expressed many times before, in various circumstances, officially and privately, orally and in writing, which is to say that we are Catholics adhering to the extreme limit to the Roman Church and the primacy of His Holiness the sovereign pontiff, as we are at that same time Easterners, attached to the extreme limit to the traditions of the Christian East and of the holy Fathers, and also to the rights, privileges, discipline, customs, and rites of the Eastern Church.

We ask you, dear children, to support us in this attitude by your prayers and fervent supplications to the Father of Lights so that He may help us accomplish this duty that is incumbent on us. Pray, pray without ceasing, in spite of the news that perhaps might deceive you. Our sins are great and numerous; the favor for which we implore is very great; thus We must never cease asking insistently and humbly, with absolute trust in God's mercies and the intercession of the "never-failing Protectress of Christians," the All-Holy Mother of God.

During our absence, which may be prolonged and repeated, we have appointed Archbishop Pierre-Kamel Medawar, our auxiliary, to replace us in all spiritual and temporal matters. Archbishop Medawar, as you all know, is worthy of this trust.

Finally, we expect of your piety, dear children, that you will take it to heart to preserve the spirit of charity and harmony among yourselves and in your relations with your fellow citizens, and obey dutifully the vicars who have been set up in each eparchy of our community to administer its spiritual and temporal affairs. By doing so, you will help us to devote ourselves entirely to the work of the council, and you will prove by deeds that you are a "chosen people," worthy of praise.

The Laity

In their comments on the schemas of the Council (1963), the Fathers of our Holy Synod stated: "This schema appears to us to be one of the best. If the clergy were treated in such a manly way, we would have made the Church progress considerably. In the schema "De Clericis," there is an impression of dealing with minors. Here we are speaking to adults. If this schema produces its full effects, we shall in 50 years have a laity that will be far superior to the clergy, which it must nevertheless obey. Care must be taken not to produce this strange inequality."

The quality of the present schema no doubt stems from the fact that since the question of the laity is new, in thinking it through, men aware of modern needs have been consulted, whereas "De Clericis" and "De Religiosis" were prepared by functionaries who repeated familiar ideas.

The Apostolate of the Laity

Intervention of the Right Reverend Father Hilarion Capucci, Superior General of the Aleppine Basilians, on October 9, 1964.

The Church of the East has always, in the exercise of its mission in the world, known a close relationship between its clergy and its laity. It has never experienced the dissociation between the hierarchy, aristocratically conceived as in sole charge of the Kingdom of God, endowed with the charism of command, and the laity, considered solely as the flock to be governed and from whom only obedience is required. The Church, the Body of Christ, is missionary in its entirety, it is totally directed toward the return of the Lord; it is in its totality on the move and in action, fashioned by the Holy Spirit through the countless gifts of His uniform grace poured out in profusion into the members of Christ, for the service of the whole of the Father's family. "In the last days it shall be, the Lord declares, that I will pour out my spirit upon all flesh.... and your young men shall see visions, and your old men shall dream dreams; yea, on my menservants and my maidservants I will pour out my spirit and they shall prophesy" (Acts 2: 17-19).

Perhaps it has even happened that the East has fallen into a certain excess of democracy. It has unduly circumscribed the role of the clergy within hieratic functions, leaving to the laity, organized in councils, but always under the presidency of the pastors, not only all temporal administration but also even theological education, charity, and relations with the state. The role of these lay councils has been preponderant in episcopal elections and in the Holy Synods.

We can cite the advantages and disadvantages of every human institution. Nevertheless, is it not time for the Church to abandon its clericalism and open wide its doors to a laity treated as adults, and to integrate them into ecclesial and pastoral life, with the full responsibilities of mature men and women? The forms of this integration can change according to circumstances of time, place, and persons. Yet the orientation remains the same: a Church of cosmic dimensions closing its ranks; a laity aware of its duties, assuming its full responsibility, gathered around a hierarchy with an open mind and a heart oriented toward the Kingdom of the Lord.

Let us therefore get rid of our clerical complexes of absolute superiority and exclusive effectiveness, and let us put our trust in the zeal, the competence, the feeling for the Church of those we have chosen and trained from the ranks of the laity.

Possible failures, groping starts, cannot discredit a trend that is increasingly asserting itself in the Church by reason of its nature, which is inspired by the action of the Spirit and not simply because of the scarcity of priestly and religious vocations, as is sometimes said.

Let us never forget that in the church bishops and priests are the servants of the Spirit. They are given to the Church "to equip of the saints for the work of ministry, for building up the body of Christ" (Eph. 4:12), to work in order to give the Church its missionary cohesiveness. They have the responsibility of seeing to it that the Church is in truth a priestly people, faithfully fulfilling its mission of the apostolate: "that you may declare the wonderful deeds of Him who called you out of darkness into His marvelous light" (1 Pt 2:9). They must listen to the Spirit who acts in the entire Church, in order to understand how to discern with a completely spiritual comprehension the initiatives inspired by the Spirit for the salvation of the world. They must transmit the divine knowledge that will enable the baptized to become a spiritual sacrifice in the Eucharist. That is to say they must help human freedoms to mature in the awareness of their responsibilities and to develop in a truly Christian freedom, completely transfigured by the Holy Spirit.

Far from lamenting, let us rejoice. The Holy Spirit is making the Church aware of what it is, especially in all the faithful people. The only sign of salvation placed in the world is in the communion of bishops, priests, and laity living the mystery of Jesus Christ at the level of human problems, human values, human efforts.

Concrete Examples of the Lay Apostolate

Intervention of Archbishop Elias Zoghby, Patriarchal Vicar for Egypt and the Sudan, on October 9, 1964.

I shall give you a concrete example of the cooperation of the laity with the clergy in the East among the Orthodox and in certain Catholic communities. I shall speak of the Melkite Greek Catholic Church of Egypt, where I have exercised my apostolate during twenty-five years as pastor and as bishop.

In each city in Egypt where we have a parish there is a lay commission that is called the Patriarchal Commission. In Cairo and in Alexandria it consists of 24 members, two-thirds of whom are named by the people and the other third designated by the ordinary of the place, who is the patriarch.

This commission is presided over by the patriarch, and in his absence by the patriarchal vicar, who is a bishop, and at the parish level by the pastor.

This Patriarchal Commission plays a broad role in the Church. It is divided into several committees: the education committee takes care of everything that relates to our schools, in collaboration with the priests who direct these schools; the juridical committee, composed of lawyers, settles the legal matters of the patriarchate and directs all activities of the Church from the point of view of their relationship to the law. It was from among these lawyers that the community tribunal was chosen to judge the civil effects of marriages contracted before our Church, such as alimony, the custody of children, adoption, etc. This jurisdiction has been taken away from us by the suppression of religious tribunals in 1955.

There is also the committee of the wakfs, that is to say, of the ecclesiastical resources, which concerns itself with the management of the Church's properties, always under the presidency of the ordinary or of his representative, without whose consent nothing important can be decided. Likewise, there is the committee of cemeteries, which supervises their maintenance; the committee of churches, which collaborates in their material administration, their maintenance, and arranges to have poor churches benefit from the income of those that are less poor. This committee of churches is aided by a certain number of churchwardens, who, under the direction of the pastors, look after the churches directly, take charge of collections, prepare the churches for special ceremonies, and organize parish festivals and gatherings.

Other lay organizations are in charge of the apostolate of charity. Chief among these is the Social Welfare Society, to which some of the faithful bequeath some real estate. A large number of the faithful, both men and women, is mobilized every year to collect the donations necessary for this good work. This Social Welfare Society, composed of laypersons, has its offices in the very buildings of the patriarchate. It provides, insofar as its means permit, maintenance of poor families and hospitalization for the sick; it furnishes the necessary funds for free education. Ladies are associated with this charitable activity. They take care of clothing supply for the poor, and of noon meals for undernourished children, which they themselves take turns in serving. Other ladies take care of the decoration of churches and of altar linens.

All these works are centered in the patriarchate itself. That is where their meetings are held, in the shadow of the Church, in close collaboration with the clergy. The laity devote themselves to these works with an admirable apostolic spirit. They are very respectful of the ecclesiastical authorities; they offer their services without charge, without seeking to impose their will. Conversely, the clergy derives great benefit from the experience of those faithful who are lawyers, engineers, businessmen, whose cooperation is indispensable. Any of our bishops and pastors who refused the collaboration of the laity would be discredited and would lose their influence over the faithful.

In addition to this collaboration of the laity in the material, social, charitable, and pious works within their own Church, one may add an inter-ritual collaboration at the level of Catholicism as a whole: Catholic Action in the strict sense, the Legion of Mary, the Conferences of St. Vincent de Paul, the Vacation Colony Project, etc., about which I shall not speak, because you know them already.

So you see, Venerable Fathers, that the collaboration of the laity with the clergy is close, continuous, and extends to every sphere of activity. Suffice it to note that one third of the premises of our patriarchate in Cairo and in Alexandria are devoted to purely ecclesiastical activities, and two thirds are devoted to lay activities in the service of the Church. The collaboration of the laity extends even to the service of the altar. A layman chants the Epistle during the Divine Liturgy; members of the laity read the prayers and psalms and prophecies at the liturgical hours. In the Coptic Orthodox Church the churches often have, together with their pastor, a lay preacher who has specialized in preaching. I shall not persist any further.

This is another chapter in which the East provides an example. I am certain that the West, as it opens itself to the apostolate of the laity, will in turn help us to preserve and deepen this heritage that our Fathers have bequeathed to us.

The Place of Non-Christians and of Women in the People of God

In an intervention that made a sensation, on October 24, 1963, Archbishop George Hakim called the attention of the council to human realities: the great majority of men and women are not Christians. What is their place in the "people of God"? At least half of the "people of God" consists of women. What is their role in the Church?

After studying with the greatest possible care Chapter III of "The People of God," and after hearing certain comments in this hall, I should humbly like to make the following two points:

1. As Archbishop of Galilee, having under my jurisdiction the Holy Land itself, where there are not many Catholics—and this is also true of most of the regions of the Near East which were once the territory of flourishing Apostolic Churches—I am troubled as I read the text of this schema and when I hear the interventions of certain Fathers in this hall. I am troubled, I say, because of this prevailing spirit of triumphalism already denounced at the first session, and which, after the actions and declarations of John XXIII and Paul VI, we hoped had been destroyed!

In fact, how is it possible to speak of the people of God in the terms used in our schema when Christians—Catholics, Orthodox, and Protestants taken together—constitute only one third of the human race, and two out of three men and women do not know Christ? Do these two billion human beings, who apparently are of good faith, having not heard the Gospel, that is to say the good news of salvation, have nothing to do with the people of God?

Calling to mind the momentous words of His Eminence Cardinal Wyszynski, Archbishop of Warsaw, and the path so clearly opened by His Excellency Archbishop Dubois of Besancon, I would hope that the Schema on the Laity would be based on truth and in conformity with the situation of the modern world. This council is in fact the council of the 21st century, and in the modern world the Church must be the epiphany of the charity of Christ. Saint Paul has told us that "His goodness has appeared," and it must not look at itself as if it were alone in the world ... Is it not sent to evangelize this world?

This schema was written by bishops and experts from Christian regions; it was conceived as the sanctioning of that state of ecclesiastical power that, although still alive in certain regions of the West, no longer exists in most of the regions of the world. In fact, if we are not hypocrites, we must admit that the Catholic Church in this world is the "little flock." Its strength continues to rest on the Word of God and not on its self glorification. Besides, certain observations that we have heard do not seem, in my humble opinion, to take into account those who are not Catholics or witness to them the love that we owe them. Here is just one example: several participants in this hall have scorned and belittled married deacons, disregarding how much and what good they do in Christian Churches that fortunately have preserved this institution. As we glory in the ecclesiastical celibacy of the Latin Church, are we not forgetting, are we not scorning these married clerics of the Eastern Churches and so many married pastors and priests of other Christian denominations? ... Actually, it is not a question now of having a deacon who is already ordained marry afterwards, but of elevating a thoroughly tested layman, who is already married, to the diaconate or to the priesthood.

2. In presenting my second comment, I shall speak briefly, since His Eminence Cardinal Suenens has already dealt with it perfectly.

I should humbly like to denounce a serious oversight: there is no reference in our schema to women. Do we not often make declarations as if women did not exist in the world? And yet what an admirable role they play in the apostolate! What great help we enjoy today from the lay auxiliaries who so often constitute the nucleus of the works of God!

In as much as in certain places women are not sufficiently honored, I propose that the Council, in recognizing the advancement of modern women, due in large part to devotion to the Mother of God, declare the eminent place that belongs to them in the people of God, in the apostolate of the laity, and in all works of the Church.

The Eastern Catholic Churches

It was in the bosom of the Eastern Commission that the Melkite Greek hierarchy displayed its greatest activity. It was represented there, in the preparatory stage, by Archbishop Neophytos Edelby, Archimandrite Athanasius Hage, and Archimandrite Maurice Blondeel; in the conciliar stage by the patriarch himself and by Archbishop Edelby. As early as November, 1960, Archbishop Edelby presented to the commission a complete project of a schema "On the Rites in the Church." Although modified many times in the course of the discussions, it continued to form the basis of Chapter I of the conciliar decree "On the Eastern Catholic Churches." The lasting value of this project resides in its commentaries, which reflect very well the thought of the patriarch and his hierarchy on this point. One will notice that the author speaks of the "Rites in the Church," and not of the "Eastern Rites," for in the Church there are not only "Eastern Rites." The Latin Church itself is one of the "rites" in the Church.

The "Rites" in the Church

Relative to the Eastern rites, it seems to me more opportune for our commission to propose to the central commission and, through it, to the Fathers of the council, not by one or another article responding to a particular need (for example, the change from one rite to another), but the schema of a "decree," that is to say, of a chapter that embraces all this question in an organic manner. For, in the first place, that presents a greater logical interest. In the second place, it is not every day that we have a council; now it seems that the very existence of "rites" in the Catholic Church, their content, their innate rights and obligations will remain material for discussion as long as, on all these points, the council itself has not manifested definitely and with ruling authority the thought of the Church. I propose that this chapter "On Rites in the Church" be composed of the ten following articles:

Article 1. On the Variety of Rites in the Church

"The Holy and Catholic Church, which is the Mystical Body of Christ, is organically composed not only of the individual faithful who are united in the same faith and the same Christian life, but also of many groups joined to the hierarchy, or particular Churches, which are improperly called ‘rites.' These rites or particular Churches, even though they may differ in part in liturgy, intimate constitution, ecclesiastical discipline, and other proper qualities of the spiritual patrimony, yet in an equal manner are committed to the pastoral solicitude of the Roman pontiff, who divinely succeeds Saint Peter in his primacy over the universal Church."

a. This affirmation of principle aims in the first place at dispelling an exclusively "individualistic" concept of the Church. The universal Church is not solely or above all a society of individuals, but also, and in the first place, a communion of Churches (in the particular sense of the word), that is to say, of hierarchical groups (eparchies. metropolitan jurisdictions, archbishoprics, catholicates). This remark has a great importance for the union of the Churches: union should not appear as the absorption of all the Christian communities by one of them, (the Latin community or Church), but as the communion of all the Churches (including the Latin Church) in the same faith, the same sacraments, and the same supernatural life, under the paternal and fraternal vigilance of the Roman pontiff, to constitute the "Catholica."

b. In the second place, in dispelling this "individualistic" concept of the Church, the Eastern Churches, or, as they are called, the "Eastern rites," no longer appear as a concession of the Roman Church, as a privilege, as a more or less inconvenient exception. Too many still consider the Latin Church as being, in brief, the Church, and the communities of Eastern rites as simply tolerated in the midst of Catholicism. They are, some say, "uniate" Churches, a sort of appendix, something annexed, and nothing more than that. This concept is absolutely false. The "Catholica" is composed of all the Churches in communion with one another and with the Roman pontiff. Among the particular Churches in communion among themselves and with the Roman pontiff, there are the Latin Church and a certain number of other Churches, of Eastern rite, today inferior in numbers, in the expectation of the universal reunion of all the Christian Churches.

c. In the third place, one wishes to dispel by the same act the concept—formerly dear to those around Pope Pius IX and still too widespread in certain Western circles—which makes the Eastern Churches a simple affair of "liturgical rite," differing from the "normal" rite of the Church, which is the Latin rite. "Eastern Churches" is not at all synonymous with "Eastern rites." The liturgical rite is only one of the points by which one Church can be distinguished from another Church. But the rite can be the same, while the Churches are distinct (for example, the Byzantine rite is common to a number of Churches); nothing prevents there being different rites in one Church (for example, at Toledo). What constitutes the different Eastern Churches is not only a difference from the Western Church in the liturgical rite. There can be also, and there are in fact, differences in spirituality, in theological points of view, in discipline, in constitution, in organization, in art, etc., so much so that when one "respects" the "Eastern rites" (in the liturgical sense), one has not thereby respected the "Eastern Churches." Now, for the union of Churches, one would wish to arrive at respecting, in the "Catholica," not only the different liturgical rites but also every other difference compatible with the faith and communion with the Roman pontiff.

d. Thus an organic concept of the Church is favored, in which catholicity is not synonymous with Romanism and unity not synonymous with uniformity, in which there is a place for different modes of being, of thinking and acting, not only in liturgy but also in organization and in discipline. Nobody can ignore how much such a concept is indispensable for every effort for union with the autocephalous Orthodox Churches, and not only with individuals.

Article 2. On the Equality of Rites

"While retaining the honor due to the Roman Church, all those particular Churches that constitute the universal or catholic Church possess equal holiness and dignity, enjoy equal rights and privileges, and are held to equal obligations. No superiority or domination or hegemony is allowed in the Church by reason of rite. Therefore all Churches or Rites are with equal right entitled to a just increment and are held by an equally grave obligation of preaching the Christian faith in the whole world, under the vigilance of the ecclesiastic pastors in the place, and also under the moderation of the Roman pontiff."

a. This article aims first at affirming vigorously the equality of all Churches in the bosom of the universal church. If the Church is catholic by right, one cannot deny that it has nevertheless to make efforts to be always more catholic in fact, that is to say, to realize always better a greater universality of spirit, of tendencies, of representation, of authority, of service, etc. The Catholic Church is not a monopoly for any person, any race, any nation, any continent, any rite. It is the great gift of God to all humanity, and all humanity should equally share in its cares, as well as in its honors, its services, its representation, etc. Too often, the Catholic Church appears to be allied to the human interests of certain fixed groups. It would not be difficult to draw up a list of grievances that could be asserted by certain groups that feel that they have been injured or that have the impression of being like poor relatives in catholicity. It is enough for us to affirm the principle of the equality of all the faithful and of all the Churches in the bosom of the "Catholica." Its concrete realization will require many years and much effort. In other words there is in the Church a "pre-eminence of the Roman pontiff," but there should not be a "pre-eminence of the Latin rite."

b. The article aims equally at eliminating from the discipline in force every measure discriminating against a particular Church. An equality of rights should correspond to an equality of situation, of needs, and of aptitudes. Nobody in the Church should feel himself impaired because of the rite to which he belongs.

c. Finally, the article aims at eliminating the intolerance that still weighs, here and there, on Eastern Catholics, and that unjustly deprives them of the right, insofar as they are Eastern Catholics, to evangelize the infidels of a particular region, as if the Eastern Churches were closed communities, destined to disappear rather than expand. No human authority can forbid a bishop to preach the Gospel to the infidels of his eparchy, to baptize them, and to incorporate them in his Church. If, in fact, two or more Catholic bishops are established in the same territory, all and each equally have the right and the duty to evangelize, to baptize, and to incorporate in their Church. The prohibition of evangelizing the infidels should not, above all, weigh upon the hierarchy that represents, better than the others, the native Church.

Article 3. On the Usefulness of Rites

"This diversity in the Church, rather than harming its catholicity, instead declares it and makes it concrete. For the Church greatly wishes that that nearly infinite abundance of ecclesiastical traditions remain uncorrupted and entire, as it wishes its rule of life to adapt to the various spiritual needs of each and every Christian community."

The article affirms the usefulness of this diversity in the Church. One will note that it concerns not only a diversity of liturgical rites. Even the diversity of disciplines in the Church is a good thing in itself, and one should not seek to minimize it or to make it disappear for the sole reason of a greater uniformity. The variety of rites and disciplines responds to a natural variety of needs and of mentalities. To wish to reduce everything to uniformity is to deprive oneself uselessly of the charisms of each Church and to close catholicity to every culture other than our own. Pope Saint Leo IX said it so well in his first letter to Michael Cerularius, Patriarch of Constantinople, no. 29 (Mansi XIX, 652): "For [the Roman Church] knows that customs differing according to the place and time are no hindrance to the salvation of the believers, when one faith, working through love the good things that it can do, commends all to the one God."

Article 4 On the Rite of the Roman Pontiff

"The Roman pontiff, in his capacity as successor of Saint Peter in his primacy over the universal Church, is not bound to any liturgical rite."

The sovereign pontiff is first the Bishop of Rome, and it is according to that title that he succeeds to the blessed Peter in his primacy. Nobody is astonished that he is a part, from this point of view, of the Western Church, and thus of the Latin rite. The principle aims only at affirming that the Holy Father, insofar as he is father of the universal Church, is not more Western than Eastern, for many of the Westerners have drawn the argument in favor of the "pre-eminence of the Latin rite" from the fact that that rite was that of the Pope of Rome.

It goes without saying that the Roman pontiff can use one or another of the Eastern rites, according to what he judges opportune.

Article 5 On the Safeguarding of Rites

"All and each of the faithful ought to preserve the proper rite that they have, and cultivate it, and, unless they are legitimately impeded, practice it wherever they are located. Therefore all attempts of any rite to absorb other rites is to be severely condemned."

a. Since diversity in the Church is a good thing in itself, this article wishes to affirm the perpetuity of this state of things. The existence of the Eastern Churches is not a transitory concession, in the expectation of the definitive passing to the Latin rite.

b. The article also affirms that this diversity is admitted throughout the world, that it is not limited to the East alone.

c. Finally, this article forbids any Church, Latin or Eastern, to develop at the expense of other Churches by absorbing them. Through it there is a particular condemnation of the latinization of the East, which has been pursued for centuries, often contrary to the directives of the Holy See of Rome.

Article 6 On the Rite of Those Returning to Catholic Unity.

"In restoring unity with the Catholic Church, the faithful who have been up to now separated ought to be received in their proper rite, and to keep it. Therefore, every attempt to draw them into another rite or to admit them to a foreign rite is to be severely condemned."

This article recommends the return to the discipline of "Orientalium Dignitas," as opposed to the dangerous innovation of canon 11, No. 1, of the motu proprio "Cleri Sanctitati." The subject deserves being studied a bit more closely.

a. The innovation of canon 11, cited above, is contrary to the declarations of popes and to the legislation in force before now.

1. Declarations of the popes:

-Benedict XIV, in the constitution "Allatae Sunt" of July 26, 1755, no. 33, intended to summarize the constant norm followed by the popes by declaring: "Never have the Roman pontiffs required from those who return to the Catholic faith that they abandon their rite and embrace by obligation the Latin rite. That would be, in fact, the disappearance of the Eastern Church and of all the Greek and Eastern rites, something that not only has never been attempted, but has always been and today still is absolutely alien to the spirit of the Holy See."

-The Propaganda equally replied, on June 1, 1885 (Collectanea II, No. 1633, second) that missionaries, in receiving into the Catholic Church those who were born in schism, must inscribe them in their own Eastern rite, and not in the Latin rite, except by special authorization of the Holy See.

2 Legislation until now in force

-The Easterners who return to Catholic unity may choose, among the Eastern rites, that which they prefer. See the Decree of the Propaganda dated November 20, 1838 (Collectanea, I, No. 878). Likewise, Letter of the Propaganda dated February 4, 1895.

-Apostates who, abandoning the Catholic faith, have become heretics or schismatics, cannot, on returning to the Catholic faith, enjoy the liberty of this choice, but remain enrolled in their former rite. See the letter of the Propaganda of April 7, 1859.

-Eastern Catholics who have previously passed over to a Western heresy (for example, Protestantism) cannot on reconverting embrace the Latin rite. See Instruction of the Propaganda of July 15, 1876 (Collect. II, No. 1458).

-"If, among the dissidents, a community, a family, or a person shall return to the Catholic unity, while a necessary condition has been set down that they embrace the Latin rite, let them remain for the time being enrolled in that rite, with the ability to return one day to their original Catholic rite. If such a condition has not been set down, but the said community, family, or person are served by Latin priests because of a lack of Eastern priests, they are obliged to return to their rite as soon as there is an availability of an Eastern priest" (Leo XIII, Constitution "Orientalium Dignitas," No. 11).

-If no condition has been laid down and no choice of another Eastern rite has been made, the convert must be admitted into the Eastern rite corresponding to his own.

b. The new canon, it is true, does not oblige non-Catholics to pass over by obligation to the Latin rite. But for the "latinizers" it is sufficient that such is permitted for them to redouble their fervor to deprive the Eastern Catholic Churches of all new help of a nature to nourish them. Certainly, there is nothing improper in that the Holy Roman See, taking into consideration the particular needs of certain individuals, authorizes them to change by exception to the Latin rite, whether at the moment of their return to the Catholic faith or even after they have adhered to it. For the ultimate goal of all legislation must be the good of souls, not a satisfaction of self-love. But, to permit the Latins to admit to their Latin rite the Eastern non-Catholics who wish to return to unity is, under the present circumstances and given the considerable means at the disposal of the latinizers in personnel, in works, and in resources, to condemn the Eastern Catholic Churches to an inability to expand. Thus the equality desired by the canon is equivalent in practice to delivering the weak to the mercy of the strong.

c. Leo XIII had prescribed severe sanctions against those who pushed Easterners to adopt the Latin rite. The sanctions have in practice remained without execution, and the movement of latinization of the East has continued as before. Now, what the severest sanctions have not been able to prevent, will a simple wish, stealthily set at the end of the canon, to encourage the Easterners to remain in their rite, do any more to prevent?

d. While the new canon authorizes the Eastern non-Catholics to pass over to the Latin rite, the law presently in force forbids the Western non-Catholics to pass over to the Eastern rite. Is it normal that the Protestants of Rome, for example, in converting to Catholicism, should pass over to an Eastern rite? It is not more normal for Eastern non-Catholics to pass over to the Latin rite.

Conclusion: If one wishes that the Eastern Catholic Churches should grow and continue to fulfill their mission, it is necessary to forbid the latinization of the East, unless there is a personal exception.

Article 7. "The faithful of Eastern rites who, notwithstanding the instructions of the Roman pontiffs, for whatever reason have at certain times been enticed to desert their native rite in order to embrace the Latin rite, are paternally invited by this holy council to return to their former and original rite."

That is, in other words, the intention of "Orientalium Dignitas" No. 11: "If, among the dissidents, any community or family or person shall return to the Catholic unity, while a necessary condition has been set down that they embrace the Latin rite, let them remain for the time being enrolled in that rite, with the ability to return one day to their original Catholic rite. If such a condition has not been set down, but the said community, family, or person are served by Latin priests because of a lack of Eastern priests, they are obliged to return to their rite as soon as there is an availability of an Eastern priest."

Article. 8. On Change to Another Rite

"It is the prerogative of only the Roman pontiff, having heard from the interested hierarchs, to permit Catholic faithful, for grave and personal reasons, to transfer to another rite."

There can be presented particular cases in which the higher good of a soul requires the change to another rite. In order to avoid all kinds of conflict and above all the abuse which a too easy procedure would produce on this point, it is thought that the best method would be to reserve these transfers to the judgment of the sovereign pontiff.

Article 9. On the Eastern Rites outside the Eastern Regions

"As a Latin hierarchy has been set up in the East for the good of the faithful of the Latin rite dwelling there, likewise there will be a provision throughout the world for the safeguarding and growth of Churches of the Eastern rites through setting up an Eastern hierarchy wherever the number and the spiritual good of the faithful of Eastern rites require it."

The Roman Holy See establishes everywhere in the world its own hierarchy for the benefit of the faithful of the Latin rite (no corner of the world lacks a Latin hierarchy), whereas it does not establish for the benefit of the numerous Eastern faithful of the diaspora its own hierarchy. The most frequent reason for this is the opposition of Latin ordinaries who do not wish a jurisdiction parallel to theirs in the same territory. The above principle aims to affirm the normal character of this multiplicity of jurisdiction everywhere in the world wherever the number of the faithful and their spiritual good require it.

The Orthodox have established a hierarchy almost everywhere in the diaspora. Prevented by the opposition of Latin ordinaries, Eastern Catholics are, in the emigration, almost everywhere without their own hierarchy, which causes considerable injury to them and slowly undermines their existence. While our Orthodox brothers are established in the emigration, we must state that we delay. Thus, for example, the Melkite Church has nearly half of its members outside the East, without a hierarchy, sometimes even without a parish priest. On this point, our union puts us in a position of inferiority compared with our Orthodox brethren.

Article 10. On the Cooperation of Rites

"When there is a multiplicity of various rites of the Catholic hierarchy in the same territory, let more extensive faculties be granted, on behalf of the common good and for nourishing the coordination of apostolic efforts, to the synod of all hierarchs who possess jurisdiction in that territory."

The multiplicity of rites can be, in the absence of organization, a regrettable dispersion of forces. Certain persons do not cease to extol the suppression of different rites and their replacement by a single rite precisely because of the inconveniences which result from the multiplicity of jurisdictions. Now these inconveniences can easily be avoided if there is installed in the Church a system of synodalism charged with all questions of general interest. Concretely, in a fixed territory with multiple jurisdiction, most serious questions will arise even if there is a single authority that, in the place of that of a single hierarch, becomes that of a synod of hierarchs: which is, to be definite, an excellent thing and introduces into the Church a moderated democratic element, more consistent with the traditions of the East. Naturally, all of this must be clearly specified in the future code of canon law.

Each of the propositions mentioned above, taken by itself, could be a subject for discussion, for there is no human institution that does not present some drawbacks. But if one has in view that the principal reason for the existence of us Eastern Catholics is to promote Christian union, these proposals acquire a capital importance and assert themselves on their own merit.

In conformity with the above project, the Eastern Commission prepared a draft of a distinct schema "On the Eastern Rites." The patriarch approved it as a whole, but made a criticism of a detail. The text was read at the third meeting of the Central Commission, held in January 1962.

This schema "On Rites in the Church" corresponds to the ideas that I have always defended on the situation and the mission of the Eastern Catholic Churches in the bosom of Catholicity. Thus I am happy to approve the main part of this schema.

I shall make only one criticism of a passage in the preamble where it is said that the Catholic Church does not place any limits to the recognition and expansion of the Eastern rites other than those "that produce a danger for souls and derogate from ecclesiastical respectability." This phrase, borrowed from the Fourth Lateran Council, is not fortunate. It is indelicate, in fact, and also absolutely false, to suspect that only in the "Eastern rites" as such there is a "danger for souls" or a "derogation of ecclesiastical respectability." The Eastern rites are an integral part of the Catholic tradition. They are not heretical or schismatic rites. Likewise, in the Eastern discipline there is absolutely nothing that constitutes a danger for souls or a violation of ecclesiastical respectability. This phrase of the Fourth Lateran Council is explained by the mentality of the epoch.

Observations of the Synod on the First Conciliar Schema "On the Eastern Churches" (1963)

The first schema "On the Eastern Churches," distributed to the Fathers of the Council, was submitted to an intensive review by the Holy Synod of August, 1963. The text of these first observations of the synod deserves to be published in major part, because of its historic importance. It follows step by step the text of the conciliar schema.

1. Criticism of the Preamble

The council considers itself as belonging to a Church which venerates the Eastern Churches, as if they were not part of the Church. Thus this preamble should be done over, according to the following observations:

-Eliminate the interpolation: "the very large and honorable crown of the Eastern patriarchs and prelates." This expression seems a bit hyperbolic. It is true that at the Second Vatican Council the number of Eastern prelates is greater than at the First Vatican Council, but it still remains only modest, compared with the first councils of antiquity, and also with the total of the Fathers in attendance, who are about 95% Latin.

-"Earnestly desiring therefore to manifest its solicitude for these venerable Churches." These words are paternalistic. Besides, they have been used too frequently. The Eastern Church should not be pampered like a weak child or coaxed like an unmanageable child. There is no need for special "solicitude." It is a branch of the Church, which wishes only that it be granted a just place in Catholicism, which is presently too massively Latin in constitution and in mentality.

-Omit the expression: "Among the people of the East." In fact, the proper mission of the Eastern Church is not limited to only the people of the East. The Church of the East is not today a geographical expression. It is a branch of the Church, nowadays spread out a bit everywhere. It is fitting, therefore, that it display its activity everywhere. The schema reveals, here and there, a mentality that is not very favorable to the East, as we shall see. For the schema, the Latin Church is the rule, the norm. The Eastern Church, the Eastern discipline, the patriarchs are the exception, which it is fitting to limit as much as possible. There are favorable wishes that the Eastern Church live and work, but "among the people of the East." Outside the East, it has nothing to do, and its faithful of the diaspora are normally destined to be latinized. It is necessary to react against this mentality.

-Omit the clause: "proposed by the Eastern patriarchs and prelates." For, to begin with, it is not true. One should not attribute to the patriarchs and prelates of the East this schema, which is not their work, and which is, to be definitive, not very favorable to them. In the second place, it is not fitting that the council be content to affirm what a portion of its members has proposed. The conciliar texts are the work of all the Fathers, even if they have been prepared by one group.

2. Particular Churches

Commence this portion with this affirmation of principle, which has as its aim showing that the epithet "particular Churches" applies not only to the Eastern Churches, as it is said, but to all Churches, including the Latin Church: "All Churches of the apostolic tradition, of whatever rite, whether Eastern or Western, are particular Churches."

-Omit the word "Orientalium." In fact it is not the variety of Eastern Churches that, "far from harming the Church, demonstrates its Catholicity." It is the variety of all the particular Churches. It is not only the Eastern Churches that are particular Churches. Even the Latin Church is a particular Church in the universal Church.

-Replace "of the nation or of the region" with "of the Church." Indeed, it is not a matter of safeguarding the traditions of each "nation or region," but of each "Church." It is not a matter of folklore, but of ecclesial traditions.

3. The Eastern Churches and the Roman Pontiff

One cannot say that all the particular Churches are "in an equal manner" entrusted to the pope. The Church of Rome is entrusted to him as its immediate bishop. The Western Church is entrusted to him as its patriarch. But the Eastern Churches and all the Churches are entrusted to him as the successor of Peter.

4. Easterners not provided with hierarchs

Add the following phrase: "Where indeed an ordinary of any rite has jurisdiction over the clergy and faithful of another rite, he should rule them with paternal love according to the spirit of their own rite. The spirit of the rite is that which thrives in the patriarchate or in other superior authority of that rite."

This addition is intended to prevent certain abuses: contamination of the rite, serious negligence in liturgical and disciplinary matters, etc. Since Latin ordinaries, for example, have jurisdiction over some Eastern faithful, they should govern them according to the spirit of their Eastern rite, and the source of this spirit should be the superior authority of the rite.

5. Religious Institutes working in the East

Add the following proposal: "among whom not only is the Eastern rite observed, but also the Eastern spirit prevails."

To us, this proposal seems to be necessary. In fact, it is not enough for Latin religious institutes to open houses or provinces of the Eastern rite; it is necessary that these foundations be animated by the Eastern spirituality, and, above all, it is necessary that they have the love of the East. The rite does not make the Easterner. One has seen strangers make themselves Eastern in regard to the rite, and at the same time nourish much aversion for the discipline, spirituality, apostolate, etc. of the Eastern Church. One should rather forbid these persons to adopt the Eastern rite.

6. Rite of the Orthodox Passing over to Catholic Unity

This number 9, as it is shown in the schema, is absolutely inadmissible. It constitutes a serious injustice, that we shall never tolerate, and a fatal blow to the Eastern Catholic Church. Therefore, given the gravity of the matter, we must expand a bit on this point.

First, it is appropriate to recall that this number, absolutely unexpectedly, has replaced a paragraph that the Eastern Commission had approved by a large majority, after long discussions. We thought that the affair was closed. But "certain persons"—we do not know which ones—have improperly replaced that former paragraph, favorable to the Easterners, with this new text, which constitutes a true injustice. Naturally, to cover up doing things in this manner, care was taken not to convene the conciliar commission, so that the Fathers of the council would be confronted with an accomplished deed. We protest vigorously against this abuse of confidence.

a. State of the question

While awaiting the blessed general reunion of all the Churches, to which we aspire with all our hearts, and for which we are willing to sacrifice ourselves, we must state that there are inevitably in Christianity some individuals or groups not united to Rome who ask access to union with it. For these cases, which we cannot ignore, we must establish applicable norms that are provisional—that is to say, until the global union of the Churches—to regulate these individual or partial unions.

The working out of these norms should not offend our Orthodox brethren or be considered as an indication of a proselytism of a bad type that "nibbles away" at their Church. We proceed here as would the Orthodox Church itself, which, in its canon laws and in its liturgical books, legitimately decrees prescriptions to be applied to other Christians who come to Orthodoxy.

In this section, it is a matter of baptized non-Catholics who come to the Catholic Church. To which rite should they belong? For example, an American Protestant who becomes Catholic, must he belong to the Latin Church, or should he, at the moment of his conversion, be able to choose to enter the rite that he wishes, for example, the Malabar rite? Common sense will doubtless reply: an American Protestant, if he becomes Catholic, normally should only be made a part of the Latin Catholic Church of America. If particular circumstances require that he become Malabar or Armenian, he has only to make application to the Holy See.

And if it is a question of non-Catholic (Orthodox) Easterners, what should one think? For example, an Ethiopian Orthodox who wishes to become Catholic, to what rite should he belong? Common sense replies: Normally, he will belong to the Ethiopian Catholic Church. However, for personal reasons that are completely special, of which superior authority remains the judge, he will be able exceptionally to become Malabar, Armenian, Ukrainian, or Latin. This is the point of view that we have always defended: Eastern Orthodox, in becoming Catholic, must normally remain not only Eastern (that is to say, not Latin), but also, in a more precise manner, Easterners of the same rite to which they may belong in Orthodoxy, except for personal reasons which may require their change to another rite, with the consent of the Holy See.

Unfortunately, such has not been the opinion of those who wrote this last schema, who have succeeded in maneuvering in such a way as to let the text voted by the preparatory commission fall into oblivion, to avoid summoning the conciliar commission and thus to present, as if it were coming from the Eastern prelates, a latinizing theory which is contrary to the constant attitude of the Holy See on this point.

This requires some explanations. We shall show first the discipline that was in force until now, then we shall review the text that is presented to us now, to defend afterwards the text which was voted by the preparatory Eastern Commission of the council, and which we shall continually defend with vigor, for the very future of Catholicism in the East is involve

b. Discipline in force until 1958

Until 1958, that is to say until the motu proprio "Cleri Sanctitati" of June 2, 1957, came into force, non-Catholic baptized Easterners who came over to Catholicism could choose, among the Eastern rites, whichever one pleased them. Thus, an Orthodox Ethiopian, on becoming Catholic, could become Armenian, Coptic, or Malabar, but he had to remain at least Eastern. To become Latin, he needed either an express indult of the Holy See, or to pose a condition, as it were a sine qua non, of not being willing to become Catholic except in the Latin rite. In practice, the apostles of latinization were not much bothered by this, and they counseled all whom they "converted" to set down this condition sine qua non. Entire regions were latinized in this manner. The Easterners protested vigorously, but the latinizers found powerful support at the Roman Curia and among the representatives of the Holy See in the locale. The most generous intentions of the popes thus remained a dead letter.

This discipline, in force until 1958, had an advantage and presented a drawback. The advantage was that it aimed at normally leaving the Easterners in the Eastern Church, without excluding the possibility of changing into the Latin rite, if special conditions were realized in the judgement of the Holy See. The drawback was that it authorized the Easterners, at the moment of their passing over to the Catholic Church, to join freely any Eastern Church whatsoever. Thus an Ethiopian could become Ukrainian, an Armenian could become Malabar, and a Russian could become Malankar. In practice, that did not happen, for each one remained in fact in his rite, but the legislation was defective in theory. It called for an improvement, in the sense of greater precision.

c. Discipline in force since 1958

The motu proprio "Cleri Sanctitati" of June 2, 1957, instead of improving the situation, aggravated it. Canon 11 of this motu proprio, in fact, gives to baptized non-Catholics of an Eastern rite, on becoming Catholic, the option of choosing the rite that they wish: "they can embrace the rite that they prefer." And that is just as true in the East as outside it. It is well known what vigorous protests our Melkite Church has raised, since the Synod of Cairo in 1958, against this canon. Here we summarize them briefly for the attention of those who have not become aware of them:

i. Canon 11, which was an innovation, is contrary to the declarations of the popes and the legislation which was in force until then. In particular, Pope Benedict XIV, in the constitution "Allatae Sunt" of July 26, 1755, no. 33, intended to summarize the constant norm followed by the popes when he said: "Never have the Roman pontiffs required from those who return to the Catholic faith that they abandon their rite and embrace by obligation the Latin rite. That would be, in fact, the disappearance of the Eastern Church and of all the Greek and Eastern rites, something that not only has never been attempted, but has always been and today still is absolutely alien to the spirit of the Holy See." And the Propaganda equally replied, on June 1, 1885 (Collectanea II, No. 1633, second) that missionaries, in receiving into the Catholic Church those who were born in Orthodoxy, must inscribe them in their Eastern rite, and not in the Latin rite, except by special authorization of the Holy See. Finally, it is clear, from what we have said under letter b, that canon 11 is contrary to the legislation which was in force until then.

ii. The new canon, it is true, does not oblige the Eastern non-Catholics to enter, by obligation, the Latin rite. But it is sufficient that they are permitted to do so in order for the "latinizers," still very numerous in the East and in the West, to redouble their fervor and to deprive the Eastern Catholic Churches of nearly all new development. Certainly, there is nothing improper in that the Roman Holy See, taking into consideration the particular needs of certain individuals, authorizes them to change by exception to the Latin rite, or to an Eastern rite other than their own, for the ultimate goal of all legislation in the Church must be the good of souls. But Church law should anticipate what is normal, not what is exceptional. Normally an Ethiopian Orthodox will be an Ethiopian Catholic, a Malabar Orthodox will be a Malabar Catholic, etc. But it is not normal for a Greek Orthodox to become Latin or Malabar. Besides, to permit the Latins to admit into their Latin rite, on a normal and regular basis, non-Catholic Easterners who wish to come to unity, is in the present concrete circumstances, given the considerable means that the latinizers have at their disposal in personnel, in works, and in resources, to condemn the Eastern Catholic Churches not to develop normally. Thus the liberty and the apparent equality intended by the canon are in practice equivalent to delivering the weak to the mercy of the strong.

iii. Leo XIII had prescribed severe sanctions, going as far as the deprivation of office, against those who pushed Easterners to adopt the Latin rite. The sanctions have in practice remained a dead letter, and the movement of latinization of the East has continued as before. Now, what the severest sanctions have not been able to prevent, will a simple wish, stealthily set at the end of the canon, to encourage the Easterners to remain in their rite, do any more to prevent? Canon 11 says, in fact: "Baptized non-Catholics of Eastern rite, who are admitted into the Catholic Church, can embrace the rite that they prefer; yet it is hoped that they retain their own rite." A platonic wish, which does not deceive anyone.

iv. While this canon 11 authorizes the Eastern non-Catholics to pass over to the Latin rite, the law presently in force forbids the Western non-Catholics to pass over to the Eastern rite! It is quietly admitted, in fact, that an Italian Protestant who wishes to become Catholic cannot normally adopt the Eastern rite, but will belong to the Latin rite. Besides, does it make good sense that Protestants of Rome, for example, in converting to Catholicism, pass into an Eastern rite? It does not make any better sense for Eastern Orthodox to become Latin.

For all these reasons we have protested vigorously against the innovation of canon 11 of the motu proprio "Cleri Sanctitati," and, benefiting from the fact that the Eastern Commission was studying this question anew, the Melkite delegate proposed an amendment to this canon to be submitted to the council. Here is how things have gone:

d. The Text Proposed by the Eastern Commission

The Commission "On the Eastern Churches," preparatory to the Council, approved by a large majority, in its session XVI, of April 21, 1961, the following text (See document No. 81-1961, pp. 2 & 3):

"Baptized non-Catholics, who are admitted to the Catholic Church, are obliged to retain their own rite, while the right is preserved, in particular cases, of having recourse to the Apostolic See."

This text presented the following advantages:

i. It does not set up any discrimination between the Latin rite and the Eastern rites. The rule that it proposes is equally valid for Western non-Catholics and for Eastern non-Catholics.

ii. It indicates that this must be the rule, the norm: each one must remain faithful to his rite, Western or Eastern.

iii. It sufficiently takes into account particular cases: the Holy See can give as many dispensations as it judges expedient.

Nevertheless, in spite of this opening that it allows for passing into another rite, the text has not pleased certain persons, who seem to wish at any price to favor the latinization of Easterners. Not taking into account the majority vote of the commission, they have tried, by the means at their disposal, to change the text, and that by stages, very cleverly, as one will see.

e. Modifications brought about successively to the text voted by the Eastern Commission

A first retouching, made in a photocopied communication entitled "Amended and Abridged Text," and dated December 15, 1962, reduced the text to the following:

"Baptized non-Catholics, in regions of particular rites, who are admitted to the Catholic Church, must retain their own rite; outside the regions of the particular rites they can embrace the rite that they prefer, although it is hoped that they retain their own rite, while the right is preserved, in particular cases, of having recourse to the Apostolic See."

Thus this first retouching, by interpolating very cleverly the addition "in regions of particular rites," limits the norm voted by the commission to Eastern regions alone; outside the Eastern regions, Eastern non-Catholics, on becoming Catholic, are not held to remaining Eastern, and of their original rite, but could choose the rites that they should wish, that is to say, in practice to pass into the Latin rite.

Thus we have protested with extreme vigor both this interpolation and the proceedings that consisted of scorning the deliberative vote of the commission in order to substitute in place of its text a text made in secret by unknown persons.

The result of our protest: the same persons who interpolated the first text drew up a text still more unfavorable to the East, that of the present schema No. 9, which reads as follows:

"Baptized non-Catholics, returning to the Catholic Church, in regions of their own rites, are admonished to retain their own rite..."

Thus, not only has the rule of remaining in one's own rite been limited to the East ("in regions of their own rites") but this obligation itself has disappeared; the verb "must" is cleverly replaced by the verb "are admonished"; after the admonishing, one is free to do what one wishes. And the prelates of the East, who had struggled so hard for the safeguarding of their rights, have been duped. And with the summit of the cleverness it is all presented as if coming from the Eastern prelates themselves: "to approve several chapters, proposed by the Eastern patriarchs and prelates." There is no need to comment.

f. Conclusion

i. The text on which the preparatory commission "On the Eastern Churches" had decided by a large majority should be respected. It can only be changed by a formal decision of the Conciliar Commission, which has no meeting until the middle of September, 1963.

ii. Again we declare that it is the province of the Fathers of the Council alone to approve or reject the only text legitimately proposed by the competent preparatory commission, namely the following:

g. Text proposed to the Council

"Baptized non-Catholics, who are admitted to the Catholic Church, are obliged to retain their own rite, while the right is preserved, in particular cases, of having recourse to the Apostolic See."

This discipline, which does not favor one or another Eastern Church that does not have an Orthodox branch, does not as such close to them the door to a wide apostolate of union. For they still have the possibility of recourse to the Holy See, and of working directly among non-Christians to lead them to the Catholic Church according to their particular rite. Happily, these Churches constitute an exception in the Christian East.

We regret that the study of this No. 9 of the schema has occupied us so long; but the question that is raised is of vital importance to the Eastern Catholic Churches.

7. The Patriarchs

One cannot say "thus and simply" that the patriarchal institution has been bestowed or recognized by the popes or by the ecumenical councils. That is historically false. It is not the Popes of Rome who have created the true and great Patriarchates of Constantinople, Alexandria, Antioch, and Jerusalem. It is not even the ecumenical councils that created the institution of the patriarchate. The first Ecumenical Council of Nicea, in mentioning the three principal sees of Christianity (Rome, Alexandria, and Antioch), already implied the patriarchal institution, not as to the name, but as to the reality. This supra-episcopal reality that is the patriarchate has its roots in the apostolic age. The councils approved an accomplished fact. The popes have only created certain united patriarchates of recent institution. The patriarchate, as such, if it is not of divine right, is nevertheless apostolic and founded on the most ancient patristic tradition.

No. 12 of the schema can therefore remain as a wish that the council expresses to see the patriarchal institution honored in the Catholic Church. But to follow up on this wish, it will be necessary to do much work. For, truly, in the Catholic Church the patriarchal institution appears to the partisans of centralization as the principal enemy. However, nothing supports the primacy of the successor of Peter as much as the crown of his brothers, the patriarchs of the great sees of Christianity. To depreciate Constantinople, Alexandria, Antioch, or Jerusalem is to depreciate Peter and his successor. One should recall the words of Pope St. Gregory: "My honor is in the honor of my brothers." But it will doubtless be necessary to wait another century for Catholicity to become aware of what the institution of the patriarchate is. The West has forgotten that it has a patriarch, who is the Bishop of Rome, and that the East, its senior in Christianity, has several patriarchs. To measure the incomprehension of the Catholic West on the subject of the patriarchal institution, it is sufficient to read the three-fourths of a page that the schema "On the Eastern Churches" devotes to it.

We repeat: in a hundred years, it will be necessary to take up this theme again. Knowing the present state of minds, we have no hope of being able to achieve the adoption of a text on the patriarchates which will truly conform to Tradition and to what the Church has a right to expect from an institution that has presided, with the primacy of the successor of Peter, over the destinies of the faith across twenty centuries.

That is why we propose that either the Council should not speak of the patriarchates, rather than speak of them in this manner, or else that it be content with the following few lines, leaving to future generations the care of maturing this question: "The patriarchs are the principal bishops in the Catholic Church. That is to say that they enjoy full episcopal power, which is minimally or little bound by canonical limitation, as it is for other bishops. For it does not exceed the innate power of the successors of the Apostles that the senior bishops, each for his own region, should create other bishops, with whom they collegially govern the same territory, and over whom they preside as princes of the pastors.

"What, however, concerns the title or number or the territorial limits or the precedence of sees, that pertains to ecclesiastical law.

"According to the ancient tradition of the Church and of the ecumenical councils, the following are the titles and order of the major patriarchal sees: the first see is the Roman one of Saint Peter, the leader of the Apostles, the second Constantinople, the third Alexandria, the fourth Antioch, and the fifth Jerusalem."

This very brief text has for its aim first to combat the thesis that underlies the schema, according to which the patriarchate is constituted by the pure privileges that the pope concedes, and which he can modify at will. Now, one would wish to know the name of the pope or the council that erected as patriarchates the sees of Antioch and of Alexandria. On the contrary, for Saint Leo and Saint Gregory the Great, the three sees of Rome, Alexandria and Antioch draw their authority from the Apostle Peter: Peter at Antioch, Peter at Alexandria through his disciple Mark, Peter at Rome. Even if today one does not share the opinion of these two great popes, it still remains none the less true that the patriarchate is not a simple question of privileges granted by the pope or by the council to bishops taken at random.

In the second place, the council owes it to itself to cite the five patriarchal seats of Christianity. In setting aside the Roman seat, and making the patriarchate an institution that is purely Eastern, and almost non-Catholic, one distorts the facts of history and the very character of the patriarchal institution.

If one wishes nevertheless to go into some canonical details, we would propose to add also the following text:

"Except for the Roman See, there exists no patriarchal see, properly so-called, of the Latin rite. "The patriarchs who are called Eastern, by the force of their dignity, power, and traditional pre-eminence, whether in ecumenical councils or outside councils of that type, that is to say in handling all affairs, are, together with the Roman pontiff, their chief leader, special bishops of that Church which is everywhere. "That power of the patriarchs over their own bishops, clergy, and faithful, which has flourished from most ancient times, indeed from apostolic times, is produced by the Holy Spirit in the Mystical Body of Christ.

"The patriarchs thus constitute, by traditional and canonical right, in communion with the Bishop of Rome, the supreme college in the Church.

"What the Synod of Florence and after it the Roman pontiffs have affirmed very frequently concerning not reducing substantially the rights and privileges of the patriarchs, this holy synod solemnly confirms. These rights and privileges are those that were in force during the thousand-year union of the East and the West, and even if they should occasionally be adapted to our times, they are truly not to be diminished appreciably."

8. Minister of Confirmation

One knows that the Council of Trent has defined that the "ordinary" minister of the sacrament of confirmation is the bishop. Besides, the expression "ordinary minister" is not a happy one when applied to the Eastern discipline. It is manifestly inspired by the Latin practice, in which the bishop is in fact the minister who ordinarily administers this sacrament, whereas, in the authentic Eastern discipline it is the priest who ordinarily administers this sacrament, and the bishop quite extraordinarily. On the other hand, the Eastern priest can confirm only when using the Myron or Holy Chrism, which only the patriarch or bishop can consecrate. To reconcile these two practices, it is proposed to say that the bishop is the "minister said to be the ordinary, or rather primary or original." To understand the Eastern point of view on this point of terminology, let the Latin theologians pose this question to themselves: if the Latin Church had confirmation ordinarily administered by the priests and not by the bishops, would they have called the bishop the "ordinary minister" of confirmation? It is thus necessary to find a term which fits both the Eastern discipline and the Western one, and not to make the Eastern point of view bend each time to the Latin practice.

9. The Eucharist to the Newly Baptized

As the Easterners have remained faithful to the usage of conferring the sacrament of confirmation at the same time as baptism, it is logical to confer also the third of the "three sacraments of Christian initiation," which is the Holy Eucharist. All those who have been baptized in Christ are at the same time confirmed in Him and receive His Body and His precious Blood. There is no reason to give confirmation to infants and to refuse to them the Holy Eucharist. It is a universal and very beautiful usage of the Eastern Church, which it is fitting to preserve or to restore.

10. Mixed Marriages

The Eastern Commission has voted a text to ease the present discipline of mixed marriages in the East. It was believed necessary to have this text preceded by a preface that is inspired by a spirit that is rather opposed to the open-mindedness of the section that follows, not to mention that this preface is complicated, a bit offensive to non-Catholics, and definitely unnecessary. It begins by saying that it is not easy to avoid mixed marriages. That is obvious, as well for the East as for the West. However, the text adds, it is necessary to warn the faithful to avoid these mixed marriages. That is to establish as a principle that these marriages are something bad. Then it is said that if one cannot avoid them, one should watch out that the spouses avoid the dangers that they comprise, etc. To remark that the non-Catholics take the same measures to protect themselves against us is to put the faithful in a very tormented state of conscience.

The text of the schema adds two other phrases that we propose to eliminate. The first sets up a condition: "and if there likewise should be danger lest the non-Catholic partner oblige the Catholic partner to join him." This condition is not necessary to permit the bishop to dispense from the form of marriage. It occurs sometimes; at other times it does not. If it is put in the conciliar text, theologians are going to believe that henceforth the Church demands another condition. The second phrase is: "Yet the conscience of the hierarchs is gravely burdened by the observance of the precautions that are prescribed in the law." According to a widespread opinion, which has been officially communicated to us by the Eastern Congregation, the Church only requires of the Catholic party that he or she promise to do as much as possible to ensure that the children are baptized and brought up in the Catholic Church. Nothing more seems to have been demanded, above all of the non-Catholic party, except respect of his Catholic spouse. Given that opinion and the practice that it inspires, it seems to us that the phrase of the schema "gravely burdened conscience" becomes a bit excessive. What sort of Catholic party is one who does not wish to do what is possible?

11. Sacred Times

It seems to us that this matter "of sacred times" should be rather in the jurisdiction of the future code of Eastern canon law. It is not appropriate that the council descend to these details, unless it wishes to totally renew and unify this rather complicated matter. Now, this is not the case, for each number of the schema leaves an opening for the regulations of the particular law. Thus, nothing is accomplished. After the council, as before it, each Church will continue pretty much to be guided by its own intentions. Besides, it seems difficult to unify this discipline in all the countries of the world at the same time. It is better, it seems, that the council invite the hierarchs having jurisdiction in the same country to unify the discipline in the matters of the feasts, of fasting, and of abstinence. This is a question of local interest that synods or episcopal conferences can handle more advantageously.

12. Living Language in the Liturgy

The Church is dynamic, living, adapting continuously. Although we Melkites, for example, have passed from the Greek to Syriac, then from Syriac to Arabic, it isn't that we should stop there. In the United States, our "Arabic" is English; in Paris, French; in Argentina, Spanish; etc. Since we are permitted to celebrate everywhere in the living language, we do not have to inform the hierarch of the place, for it is a general law of the Church, which is supposed to be known and respected. Likewise, we do not inform him that we wish to celebrate with leavened bread. But, if we habitually wish to celebrate in a language that is not the living language of the country, or if we wish to celebrate in a language that is not habitually in use in our Church, then, in that case, we must inform the hierarch of the place. For example, if we have to celebrate in Spanish in New York. But if, in New York, we wish to celebrate in English, we do not have to give notice to the ordinary of the place, for the general law of the Church authorizes us to celebrate everywhere in the vernacular, therefore in English in New York.

13. Union of Christians

This second part of the schema deserves complete praise. We say that all the more willingly in that we have been severe on the first part, on the canonical aspect. We shall make one or another remark, primarily of details, so that the text may be even better, if possible, but the spirit with which this second part has been composed is clearly different from the spirit of the first part. One feels there respect and love with regard to the Christian East. All our congratulations, without reservations.

These amendments are proposed to soften what the expressions of the schema may have that is uselessly offensive; for example: "that they may come to Catholic unity." Catholic unity is the unity of all Churches in the universal Church, the "catholica." It is not fitting to present union as the return of our brethren to us, but rather our reunion in the Catholic Church: a matter of nuances, but very important in ecumenical dialogue. Likewise, it is necessary at all cost to eliminate the clause "and that they may participate in the fullness of revelation," for our Orthodox brethren do participate in the fullness of revelation, since they do not deny the Scriptures, nor Tradition, nor the magisterium of the Church. Likewise, it is not completely exact to say that only by their joining Catholicism will our separated brethren "be made members in fact of the one, holy, catholic, and apostolic Church of Christ." What were they formerly? The schema "On the Church" has corrected, on this point, the theories of certain too rigid theologians; it is fitting to take this into account.

Having said this, it pleases us to renew our congratulations for this second part, while wishing that the first be done over in the same spirit. We also wish, with the Fathers of the first session of the council, that a single text "On the Union of Eastern Christians" be drawn up in collaboration with the Secretariat for the Union of Christians. A frank collaboration should be sought.

Observations of the Synod on the Second Conciliar Schema "On the Eastern Churches" (1964)

Profiting from the written remarks that had been made to it, the Eastern Commission reviewed its schema, reducing it considerably. The Holy Synod of August 1964 made new observations on it, which were copied and distributed to the Fathers of the council at the time of their Session III (Autumn, 1964). They deserve, like the preceding synodal observations, to be published in major part, in light of their historical importance.

I. Preliminary Question: Is This Schema Necessary?

Many Fathers have thought that a special schema "On the Eastern Churches" was not necessary and that its matter could advantageously be included in other schemas. In fact, the Eastern Churches are not Churches on the margin of the Church, distinct from the Church, of such a sort that the Council should devote a separate schema to them. They are of the Church as much as the Latin Church. There is thus a danger that in addressing itself in a particular manner to the Eastern Churches, the council might identify itself with the Latin Church addressing itself, with a touch of paternalistic benevolence, to the Eastern Churches.

This danger is not chimerical, but it can be avoided by appropriate clarifications, some of which already appear in the text of the schema, and others should be added. The council is the universal Catholic Church, which is no more Latin than Greek, Armenian, or other. Through the council, it is the Catholic Church itself that addresses sometimes the Latin Church to bring about reforms (which is the case for the mass of the canonical schemas), sometimes to the Eastern Churches, which have particular needs, sometimes to the Church as a whole, the Latin and Eastern, without distinction. The confusion between the Catholic Church and the Latin Church can thus be easily avoided.

Besides, numerous positive reasons provide evidence in favor of a particular schema "On the Eastern Churches": a. The Eastern Catholic Churches today certainly have problems to be resolved, which are not posed to the Latin Church as a whole: the effort to resist massive latinization and to remain faithful to their Eastern vocation, the restoration of the patriarchal and synodal privileges, return to a truly Eastern canonical discipline, inter-ritual collaboration, wider inter-confessional relations with our Orthodox brothers, etc. These problems, special to the East, should receive a particular solution and cannot be dispersed among the other schemas, with the risk of being unnoticed, or of receiving a less than adequate solution. Nevertheless, in all the other schemas, institutions particular to the East are often taken into account, in the manner of a lure announcing the schema devoted to the Eastern Churches.

b. In the second place, the present schema has profited from the tendency of the Council, the supreme authority, to abolish, in the present Eastern canonical legislation (done by way of the Roman authority), that which appeared inopportune or contrary to sound Eastern tradition. If it should happen that this schema were eliminated, the codification commission, sitting at Rome, would risk either indefinitely postponing its work or codifying it in a sense unfavorable to the Easterners. See, for example, the measures taken by the schema to forbid massive latinization (No. 4, p. 6, lines 6-7: "and also the baptized non-Catholics coming to the Catholic Church"), to make known everywhere the validity of the sacrament of confirmation administered by Eastern priests (No. 13-14), to widen the Sunday precept (No. 15), to facilitate confessions (No. 16), to restore the sub-diaconate among the minor orders (No. 17), to effect a reasonable easing of mixed marriages in the East (No. 18), etc. Taking everything into consideration, the present schema, even if it can be improved on more than one point, is good, and it will help the Eastern Churches to rediscover themselves.

c. Finally, what is a considerable advantage, the presence of a particular schema on the East, prepared by a special commission, will open the way for the creation of a post-conciliar commission, which will take up the work that has been commenced and will improve it. Like all the other post-conciliar commissions, it will be international, with wide horizons and piously audacious. The progress of the East will thus be, in large part, the work of the Easterners themselves or of brothers who are friends of the East.

For all these reasons, we believe that the present schema should be maintained as a distinct schema, and that it is written well enough to be proposed to the council. It must be corrected on certain points. On other points, it can be improved, but, as it is, it represents an improvement.

II. Title of the Schema

Since the term "Eastern Churches" applies to the Eastern Orthodox Churches as well as to the Eastern Catholic Churches, and since, on the other hand, the council intends to legislate only for Catholics, we propose saying "On the Eastern Catholic Churches." "Eastern" and "Western" are understood not so much as of a geographical position, but as of two manners of being in the Church, of two partially distinct forms of ecclesial life. For, geographically, there are today Easterners in the "West," and Westerners in the "East," in Africa, everywhere. To permit the Easterners, as well as the Westerners, to be "at home" wherever they are, one should no longer speak of the "Eastern territories" and the "Western territories": there are faithful of the Eastern rites and faithful of the Latin rite dispersed throughout the world, and everywhere they are all at home in the bosom of the same Catholic Church.

III. The Preamble

The preamble is not felicitous. It does not sufficiently avoid giving the impression that the Catholic Church is speaking of the Eastern Churches as entities distinct from it. Well, the Catholic Church is composed of the Eastern Churches as well as of the Latin Church.

In the second place, the Catholic Church gratuitously pays the compliment of "having always held in high esteem" the institutions, the rites, the ecclesiastical traditions, and the discipline of the Eastern Churches. Well, apart from the liturgical rites (again!), the other institutions of the East have generally been so little respected in the Catholic Church that, without the relatively recent awareness of certain Easterners, they were running a great risk of disappearing. The latinization of the East is not only a phenomenon of the past; today it is still extolled openly and upheld secretly and even publicly by very weighty authorities of the Catholic Church, in spite of the warnings of the popes, which have been severe and repeated a hundredfold. To say after that that the Catholic Church, represented, to be sure, by Catholics, leaders and faithful, has always held in high esteem the institutions of the East, appears to be almost ironic.

We propose saying more clearly and more humbly: "All the Christian faithful and leaders everywhere must hold... the institutions of the Eastern Churches."

One can also purely and simply eliminate this preamble and substitute for it Number 2, which is, in general, a good introduction to the existence, in the bosom of the Church, of hierarchical groups such as that of the Latin Church or the different Eastern Churches.

IV. The Particular Churches

One is a bit surprised by this title. Not that the expression "particular Churches" causes any difficulty today, as it is widely used in the schema "On the Church." But one is astonished that the council speaks of "particular Churches" right at the beginning of the schema devoted to the "Eastern Churches," as if only the Eastern Churches were particular Churches, and the Latin Church synonymous with the universal Church. This impression, contrary to Catholic doctrine, can be dispelled if there is inserted in the text a word of clarification.

We would willingly propose that Number 2 serve as a preamble to the whole schema, in case the present preamble could not be sufficiently improved. Besides, it repeats an idea, expressed in greater depth in the schema "On the Church," on the origin of Churches within the Church. In every case, this should be sustained in order to exclude all confusion between particular Church and liturgical rite. The same rite can be common to several Churches, for example the Byzantine rite, employed not only by the Greek Church but also by the Russian, Ukrainian, Romanian, Bulgarian, Melkite Churches, etc. Likewise, a Church can have, in itself, different liturgical rites, for example the Church of Lyons, which practices the Lyons rite and the Roman rite. It is thus necessary to distinguish these ideas, and above all to avoid seeing in the Eastern Churches nothing more than different liturgical rites. It is that that Number 2 has wished to avoid doing.

To avoid promoting the belief that only the Eastern Churches are particular Churches and that the Latin Church is the universal Church, it is absolutely necessary to modify the beginning of paragraph 3, as follows: "Particular Churches of this type, whether Eastern or Latin, although in rites, etc...." It is necessary at any cost to declare, once and for all, that the Latin Church is, in the bosom of the Catholic Church, one of the particular Churches, although today it is in fact the most numerous. Thus the Eastern Churches in Catholicism would no longer appear as exceptions, as annexes, but as Churches, as much as the Latin Church.

The expression "yet in an equal manner they are entrusted to the guidance of the Roman pontiff..." does not correspond to theological and historical truth, and that for two reasons:

a. First, it is not true that all the Churches are entrusted in an equal manner to the Roman pontiff. The Church of Rome is entrusted to him as its immediate bishop; the province of Latium, as its metropolitan; Italy, as its primate; the West as its patriarch; finally, all the Churches as the successor of Peter in his universal primacy. It is certain, for example, that over the West the pope exercises prerogatives that are of a rather patriarchal character, which are normally and traditionally reserved, in the East, to the patriarchs and their synods, for example the designation of bishops. These distinctions are bit by bit blurred in the teaching and practice of the Latin West, where ecclesiastical organization is reduced in practice to two ecclesial realities: on one hand, an infinity of dioceses, on the other, a central power directing all of them equally. The East has remained faithful to a more hierarchical organization, and, above all, to a more nuanced conception of the ecclesiastical order. That is why the expression "in an equal manner" appears inadequate.

b. In the second place, the text begins by indicating those things by which the particular Churches differ among themselves: liturgy, discipline, and spiritual heritage. Then it tries to indicate the common bond between these Churches, and it finds only the fact that they are all "equally entrusted to the pastoral guidance of the Roman pontiff." That is very little and purely extrinsic. The different Churches, although having certain particular things, nevertheless and above all have many things in common: adherence to Jesus Christ by faith, the same sacraments, the same morality, the same mission in the world, etc. And even in the matters in which they present some variety, as liturgy, discipline, etc., the points of convergence are infinitely more numerous than the points of divergence.

That is why we propose the following amendment:

"Such particular Churches, although they differ somewhat among themselves in what are called rites, that is in liturgy, ecclesiastical discipline, and spiritual heritage, yet all with equal right constitute one Church."

The rest of the sentence can be omitted. If one nevertheless persists, although it is not necessary to repeat it everywhere, in mentioning the Roman primate, who is the visible basis of the unity among the Churches, one can add: "which (Church) is entrusted to the pastoral guidance of all bishops in communion with the Roman pontiff, who divinely succeeds to Saint Peter in the primacy over the whole Church."

The rest of the paragraph is excellent. It repeals with a stroke of the pen the theory of the pre-eminence of the Latin rite, and affirms the right of the Eastern Churches to have their indispensable part in the evangelization of the world: two fundamental truths, still to a large extent unrecognized.

This schema opens new horizons and sets new landmarks for a radical reform of attitude with regard to the Christian East.

V. New and Important Improvements

Number 4 is very weighty and we request the Council to vote it as a whole without adding any modifications for each word has been carefully weighed. It represents on behalf of the Eastern Churches three new and important improvements, obtained after numerous and laborious discussions in the Commission:

a. The right of Easterners to have their hierarchy everywhere, "wherever the spiritual good of the faithful so demands," that is to say, in practice, wherever they are in sufficient numbers.

Until now, the Latin hierarchy considered itself master of the universe. The Latin Church partitioned the world for itself. It was present everywhere. There is not a point of the globe where there isn't a territorial Latin hierarchy, considering itself fully at home, even at the heart of Constantinople or Moscow. Even where there were only 500 Latins, for the greater part foreigners in the country, a local Latin hierarchy has been installed. Eastern authority could not raise its voice in protest, without the anxiety of being viewed in a bad light or having its Catholic faith suspected.

On the contrary, there are hundreds of thousands of Eastern Catholics who have settled in Europe, in Africa, in Australia, and especially in America. For numerous years we have entreated for the establishment of a hierarchy for them, even a simple personal one, to look after their priests, their works, their future, because the Latin hierarchy, even with the best good will, cannot take care of them effectively. They need not only priests of their rite, but also bishops of their rite. Wasted effort!

Thousands of reasons are found to refuse us what we ask, not for ourselves, but for our poor faithful who are on the road to being separated and lost. The episcopacy of the affected country refuses, we are told. As for us, when a Latin hierarchy has been installed in the very heart of the East, our opinion has not been requested. And when we have succeeded, after an infinite number of proceedings, in convincing the one who had the right to accept an Eastern bishop, there appeared other difficulties of the financial, political, local, or personnel order. Without our faith in God and our love for souls, we would have despaired while seeing our children drifting away more and more because our hands have been tied, when we could save them. We have undergone these misfortunes because we are Easterners united with Rome, while the Orthodox, because they are not united with Rome, are organized and expand.

This injustice must cease. The first part of this paragraph affirms that the good of souls surpasses everything. It goes without saying that this should apply to us also. In the same manner that Latin parishes and hierarchies have been installed in the East on behalf of the faithful of the Latin rite, even when their number is sometimes minimal, one should also in justice without talking about charity and the good of souls—install parishes and hierarchies in the "West" (Europe, Africa, Australia, and especially America) on behalf of the faithful of Eastern rite.

As for the method of bringing about this principal reform, we place our confidence in the common Father, the sovereign pontiff of Rome. The Council, in this beginning of paragraph 4, respectfully calls upon him in this sense, and in doing so shatters the opposition, very prejudicial to souls, of all those who still do not wish to understand.

b. Inter-ritual Cooperation: Although having a single jurisdiction in a territory may be in principle the best formula, there are great advantages and sometimes the necessity for having Churches of various rites and different traditions, existing in the same territory, entrusted to different hierarchies. The fact is that it is impossible, without very serious inconveniences both for the Church and for the faithful, to make at the present time an abstract rule for this state of things. Nevertheless, in spite of the multiplicity of jurisdictions, unity of action in the Church should be protected by inter-ritual synods. This particular form of episcopal collegiality requires that, if for the good of the faithful, several hierarchs have jurisdiction in the same territory, they should take in common, collegially, timely decisions to unify the action of the Church in their territory.

There are thus new attitudes of thought and of action that the bishops have urged, above all in the East. For all the questions that are not of a strictly ritual order or pertaining to a community, it is necessary to collaborate, to unite efforts, to decide in common, collegially, to avoid dispersion of forces: schools, press, radio-television, charitable works, pastoral care of the whole, catechism, preaching, etc.

The different Churches have until now lived as rather shut in on themselves, jealous of their prerogatives. Today, a new mentality should correspond to new times. Although the jurisdictions cannot be united, there can and should be a unification of action, to take the maximum advantage of the possibilities of episcopal collegiality, of synodalism, so dear to the East.

c. Latinization Is Forbidden: The third part of this paragraph is of the greatest importance: it closes the door once and for all to the latinization of the East. In our observations on the preceding schemas, distributed in the course of the second session of the council, we have related the history of this serious question.

With only three votes short of unanimity (in a total of 17 votes), the Eastern Commission has voted the present text, and we beseech the Fathers of the council who have at heart the future of the East to approve it as it is. In brief, the idea is as follows:

Each of the faithful must remain in his rite, that is to say, in the particular Church in which Providence has placed him: if Latin, he must remain Latin everywhere, even in the East; if Eastern, he will remain Eastern everywhere, even in the West.

This rule does not present any difficulty when it is a matter of the Catholic faithful, who can change rite only for reasons that are grave and, except in the case of marriage, with the authorization of the Holy See itself.

Does that also apply to baptized non-Catholics (Orthodox and others) who ask to enter the Catholic communion? That is the whole question. We are not unaware of the great ecumenical movement that impels a dialogue of union between one Church and another. We wish even to confirm again our desire to condemn all proselytism that would diminish one Church in order to expand another.

But, while awaiting the happy general unification of all Churches, we must state that there are inevitably in Christianity some individuals or groups not united with Rome who ask to come to union with it. In these cases, which are not abstract ones, certain applicable norms must be established provisionally—that is to say, until the general unification of Churches—to regulate these individual or partial unions.

It is not necessary that the working out of these norms offend our Orthodox brothers or be considered an indication of a proselytism of a bad kind which seeks to "nibble away" at their Church. We are here acting like the Orthodox Church itself, which, in its canonical and liturgical books, legitimately issues regulations that apply to other Christians who approach Orthodoxy.

Neither should our brethren of the Latin Church be offended if we wish to hinder, under normal circumstances, the changing of these Orthodox to the Latin rite. We respect and love our sister Church of the Latin rite, but we re-emphasize that Easterners should remain Easterners in the Catholic Church, and this for the very good of the Catholic Church.

That having been said, there are three possible attitudes in regard to this problem of the other Christians who wish to join the Catholic Church.

1. Viewpoint of the "latinizers"

They say, let non-Catholics be free to choose, at the moment of their becoming Catholic, the rite which they wish, at least when they set down their joining the Latin rite as a condition sine qua non of their "conversion." Arguments of the latinizers:

a) It is the present discipline of the Church. See canon 11 of the motu proprio "Cleri Sanctitati" of June 2, 1957.

b) Non-Catholics do not belong to any rite. Each (missionary) can admit them, in "converting" them, to his own rite, a bit like the Jews, the Muslims, or the pagans. That creates a rivalry among missionaries as to who can "convert" more.

c) Eastern non-Catholics themselves, that is to say the Orthodox, in becoming Catholic, generally refuse to remain in the Eastern rite and demand that they become Latin.

d) The Eastern Catholic clergy does not try hard enough to "convert" Orthodox. If one wishes to "convert" all the Orthodox, one must let the Latin missionaries do it.

e) Eastern Catholics are "imperfectly Catholics," "of dubious faith." One must avoid having Orthodox transfer to them. "Easterners will never be fully Catholic unless they become Latin."

f) To compel the Orthodox who become Catholic to remain Eastern is to abridge human liberty, which is an element of the person and guaranteed by the "United Nations Charter."

Reply to the Arguments of the Latinizers:

a) The discipline contained in canon 11 of the motu proprio "Cleri sanctitati" dates only from 1957. It was imposed on the Easterners in spite of themselves, following obscure maneuvers which history will one day reveal. The former discipline gave the Orthodox who wished to become Catholic the choice of joining the Eastern rite that they preferred, and not the Latin rite, unless they placed becoming Latin as a condition sine qua non of their joining Catholicism. In practice, the latinizers arranged to have their "converts," each time, place this condition sine qua non. They even had forms printed in advance and distributed beforehand to be signed. What in the thought of the legislators should be an exception became the normal practice. The motu proprio of 1957 suppressed even this theoretical impediment, opening wide the door to latinization. It is this provision of the motu proprio of 1957 that the schema intends to reform.

b) It is not true that the Orthodox are not of any rite. They very definitely belong to a rite, to a Church, and in becoming Catholic they must remain faithful to their rite, as to a calling. The case of the non-baptized is completely different.

c) Orthodox who wish to become Catholic do not demand becoming Latin except when the priests counseling them put this idea into their heads. The best proof of this is that everywhere in the East, except in a region which the latinizers have chosen as their own (Palestine), Orthodox do not place this condition. If they place it in that region, it is because they have been urged to do so by a clergy that has an interest in latinizing them. If the clergy counseled them to remain Eastern, or left them free to choose, the Orthodox would not ask for more. (See our booklet Catholicism or Latinism?)

d) It is not right to accuse the Eastern Catholic clergy of not "converting" sufficiently. The Orthodox do not need to be "converted" but to be "reconciled;" one must show them the ideal of Catholic communion and invite them to restore unity, by showing them by deeds how the Holy See of Rome respects their rites, their discipline, all their spiritual heritage.

e) The latinizers do not believe in our full Catholic faith, although we have defended it, over the centuries, at the price of thousands of sacrifices. But it is certain that Catholicism does not represent for us what they would wish. We wish to be Catholic and Eastern at the same time. That is the only good formula for ecumenism.

f) There is nothing contrary to human freedom in obliging Easterners to remain in their rites. Every law, by definition, places some restraint on human freedom with the view to assuring a higher good, that of society. In this case, the higher good of the society that is the Church requires that Easterners do not become Latin, that they understand their mission and their vocation. Nevertheless, if for personal reasons one or another Easterner is absolutely determined to become Latin, we see no objection to it. That is why the text of the schema anticipates these particular cases by stating: "while retaining the right, in particular cases, of having recourse to the Apostolic See." We prefer, in these cases, recourse to the Holy See, rather than the former condition sine qua non, which has proved to be inefficacious, as we have said. But it is not right, under the pretext of respecting each one's freedom, to utilize the wealth and personnel at the disposal of the Latin missionaries in the East to impel the Easterners towards latinization. Let us help them to regain the Catholic communion, while remaining at the same time Eastern, like their fathers, as Providence has made them.

2.- Another Viewpoint

It is said that the Orthodox should not become Latin. That is agreed. But let us at least permit them, at the time of their joining Catholicism, to choose, among the Eastern rites, whichever they prefer.

Arguments:

a) Thus, it is said, the danger of latinization is averted on the one hand.

b) In addition, this is a return to the discipline existing prior to that of 1957.

c) More freedom is provided for the Orthodox desiring to be reconciled with the Roman Church.

Reply:

a) This theory does not entirely avert the danger of latinization, for the latinizers can object: why do you permit an Armenian Orthodox to become Maronite, and do not permit him to become Latin? Isn't the Latin rite a Catholic rite like the Eastern rites?

b) The discipline prior to that of 1957 represented an objectionable order of logic. It is not normal, in fact, that an Ethiopian Orthodox should become Ukrainian Catholic, or that an Armenian Orthodox should become Greek Catholic. If each one has a mission to fulfill in the Church in which Providence has set him, he should normally remain there and not leave it except for personal reasons, and under extraordinary circumstances.

c) Ecclesiastical law must not guarantee the freedom of escaping from one's vocation, from the mission that is assigned to everyone in his Church.

In other words, when we ask that the Easterners remain in their own rite, in their own Church, it is in order that, at the moment of the so greatly desired general union of Churches they can rejoin their Orthodox brothers of the same rite, and, once again, constitute with them one single Church, united and in communion with the universal Church.

In this perspective, we believe that each Easterner must remain in his own rite.

However, among the Eastern rites there is a community of origin, of thought, and of apostolate, so that an Easterner who changes to another Eastern rite is not at all in the situation of an Easterner who changes to the Latin rite. That is why we state that if the other Eastern communities so prefer, we ourselves give our concurrence for a pure and simple return to the discipline prior to 1957, which is that Orthodox passing into the Catholic Church can ask to join the Eastern rite of their choice, while it remains forbidden to pass into the Latin rite, unless there is recourse, in particular cases, to the Holy Roman See.

3.-Viewpoint of the Great Majority of Easterners

On becoming Catholic, the Orthodox (and non-Catholics in general) will normally remain each in his rite. That is the rule. Exceptionally, if the good of his soul requires it, he can always request the Holy Roman See to grant permission to change to another rite. It will readily be granted, since the final and supreme goal is the good of souls. But outside of these particular cases, each one, as the Apostle says, "should remain in the vocation to which he has been called." That is what the text of the schema has very successfully codified, and we hope that the Fathers of the council will approve it in full.

VI. The Eastern Patriarchs

This chapter is the least pleasing of all those in the present schema. On certain points, it is even inadmissible.

a. Deficiencies of this Chapter

1. The schema, in speaking of the rights and privileges of the Eastern patriarchs, refers to the ecumenical councils and to a "very ancient tradition in the Church." Well, the ecumenical councils and Tradition have not spoken of the "Eastern patriarchs." They have never considered the patriarchate as an institution of the Eastern Churches, but rather as an institution of the Church, conciliar, in which the See of Rome belongs in the first place.

Pope John XXIII and Pope Paul VI, by asserting constantly that the sovereign pontificate must not hinder their being the regular bishops of Rome and their being personally involved in their diocese, have put an end to this false conception of a papacy detached from the episcopacy, presiding over the episcopal college without being part of it. The pope is the leading bishop of Christianity, but he has not ceased thereby to be the Bishop of Rome.

The pope, the Bishop of Rome, is also the Patriarch of the West. Patristic tradition and the ecumenical councils have always considered him as such, without ever believing that it could jeopardize his primacy. Why should the pope, who does not feel himself belittled by the fact that he is Bishop of Rome, and in this capacity equal to the bishops, feel himself belittled by the fact that he is also Patriarch of the West, equal, on this level, to the patriarchs of the East?

Any attempt to place the papacy above and outside of the episcopacy and the Church would damage the serenity and the sincerity of the dialogue with Orthodoxy.

Is not the secretary general of the council always there to solemnly inform the Fathers of the council of the program of the papal ceremonies in the "patriarchal basilica" of St. John Lateran, the "patriarchal basilica" of St. Peter at Rome, the "patriarchal basilica" of St. Paul-outside-the-Walls, and the "patriarchal basilica" of St. Mary Major? As for the Lateran palace, where the popes live, the archives and the stones have preserved its name: it is named the "patriarchium."

The title of patriarch is thus not a purely Eastern title that does not pertain to the popes of the Roman Church.

2. On the other hand, the schema speaks of the Eastern patriarchs without mentioning, at least in passing, the Ecumenical Patriarchate of Constantinople and the three apostolic sees of Alexandria, Antioch, and Jerusalem. The schema exalts the patriarchal dignity, referring to ancient traditions and to the ecumenical councils. Well, the ancient traditions and the ecumenical councils have not exalted an anonymous patriarchal institution, as the schema does. They recognized for certain specific sees, which they have cited by name, a particular dignity, based on precise reasons, proper to these sees alone.

Moreover, these sees have been declared the foremost in the Church—after Rome—by the oldest tradition of the Church and by the ecumenical councils, even before they were invested in the fifth century with the title of patriarchate. To exalt the institution of the patriarchate, on the basis of tradition and the councils, while remaining silent on the names of the sees to which the patriarchal institution owes its existence, is to give the title priority over the see, and the insignia priority over the person. That could be interpreted as a premeditated desire to submerge the four patriarchates, which are always at the head of the Eastern Churches, in the multitude of the sees to which this title or its equivalent has been granted by stretching and in a secondary manner.

On the contrary, what should have been done is to name—as the councils have done—the five traditional patriarchal sees that have priority over the others, and to put at their head the See of Rome. That was the place to say again in three lines what these councils have wished to say, which is that in the Church there are five traditional sees that have priority over the others and which should be listed as follows: Rome, Constantinople, Alexandria, Antioch, and Jerusalem.

These councils have not said that, in the Eastern Church Constantinople had priority over Alexandria, Antioch, and Jerusalem, but they have said that in the Church of God, the Church everywhere, Constantinople was the first see after Rome, Alexandria the second see after Rome, Antioch the third see after Rome, and Jerusalem the fourth. And, in fact, the incumbents of these four patriarchal sees of the East have shared in the solicitude of the whole Church, in collaboration with the Bishop of Rome and under his primacy. And, in fact, the incumbents of the four great Eastern sees have exercised, in the course of the thousand years of union with Rome, a role of the first order in the life of the universal Church.

Popes and Eastern patriarchs were, during the time of the union, the summits of the universal episcopacy. As soon as he was elected, the Bishop of Rome sent his profession of faith to the four incumbents at Constantinople, Alexandria, Antioch, and Jerusalem, and only to them. And the latter, on the occasion of their enthronement did the same among themselves and for their consideration exclusively. Thus there was established in the Church a patriarchal college, a "summit" of general care, through which was brought about the visible collegial communion of all the Churches, of all the episcopacy, as was confirmed by this exchange only among themselves of letters which were "irenical," according to the nomenclature used in Orthodoxy.

It should not surprise anyone that at the Fourth Council of Constantinople, called the Eighth Ecumenical, a council that started with a dozen bishops and never had a very full attendance, just the presence, direct or through representatives, of the four Eastern patriarchs would have sufficed to have it considered up to our day as universal. The agreement of the four patriarchs, canonically and actively united with their episcopate as with the Bishop of Rome, appeared sufficient to have it recognized as having such an ecumenical standing. (Canon 21 of this council stated: "We decree that those who preside over the patriarchal sees should be considered worthy of all honor, especially the very holy Pope of Old Rome, then the Patriarch of Constantinople, then the one of Alexandria, then those of Antioch and Jerusalem.")

Likewise, there was nothing astonishing when the Council of Florence, in its turn, after the eighth ecumenical council, stating the order of the foremost seats of Christianity, called patriarchal, as in the ninth century they had already existed for many centuries, listed them in the following order: Rome, Constantinople, Alexandria, Antioch, Jerusalem, and pronounced that in doing so it "renewed the ancient tradition."

From these facts, from so many others, from the esteem, for example, in which Pope St. Gregory held the incumbents of Alexandria and of Antioch, whom he considered as successors with him on the same seat, that of Peter, from all the reality with which today's Orthodoxy in particular is nourished and lives, there bursts forth forcefully the more particularly universal care of the patriarchs in the Church.

There are also all the consequences that this implies: care manifesting itself very specially again through the wonderful missionary activity of Constantinople in eastern Europe, notably through its sons Cyril and Methodius, of Alexandria in Nubia and Ethiopia, of Antioch in Armenia, in Persia, and through the extension of its daughter of Seleucia-Ctesiphon, as far as India and China.

b. Proposed Amendments:

Title: Say "On Patriarchs," without adding "Eastern."

1. To No. 7: Eliminate in this number all the words that could make one believe that the patriarchate is an institution peculiar to the East.

Then say:

"The institution of the patriarchate has flourished in the Church (eliminate the word "Eastern") from the earliest times, and was recognized by the first ecumenical synods. By the name of patriarch (eliminate the word "Eastern") is meant the bishop to whom canon law grants jurisdiction over all bishops, including metropolitans, clergy, and people of that territory or rite." (Eliminate the rest.)

The remainder of that sentence, "to be exercised in accordance with the norms of the law and without prejudice to the primacy of the Roman pontiff," should be eliminated for two reasons:

a) It is evident that patriarchal power must be exercised "in accordance with the norms of law." What power is there which can be exercised "contrary to the law"? It is also evident that the patriarchal power is exercised "without prejudice to the primacy of the Roman pontiff." Nothing in the Church can be done contrary to the primacy of the Bishop of Rome or not taking it into account. Is it necessary to repeat this truth on every occasion, until there is a surfeit?

b) Since the pope of Rome himself is also a patriarch, it is not logically appropriate to say, in speaking of him as a patriarch, that his patriarchal power is exercised "without prejudice to the primacy of the Roman pontiff."

2. To No. 8: Start this number with this very important reminder: "According to the ancient tradition of the Church and the decrees of the ecumenical councils, these are the titles and order of the major patriarchal sees: first, the Roman see of Saint Peter, leader of the Apostles, second Constantinople, third Alexandria, fourth Antioch, fifth Jerusalem."

Then replace the text of No. 8 with the following text: "Although some patriarchates are of later origin than others, all are equal to the major patriarchal sees as far as the exercise of patriarchal power is concerned, retaining among themselves the precedence of honor that has been legitimately established."

In all cases, the word "Eastern" should be eliminated in this No. 8, for the reasons set forth above.

Then add:

a) "The patriarchs with their synods constitute the supreme authority for all affairs of their patriarchates, including the right to establish new eparchies and to freely name bishops of their rite wherever this appears to be suitable, without prejudice to the inalienable right of the Roman pontiff to intervene in individual cases."

b) "The patriarchs who are called Eastern, by the force of their dignity, power, and traditional pre-eminence, whether in ecumenical councils or outside such councils, that is to say in carrying out all affairs, have constituted from ancient times and constitute, in communion with the Roman pontiff and under his primacy, the supreme hierarchical council in the Church."

c) "What the Council of Florence and the Roman pontiffs after it have affirmed very frequently concerning not reducing substantially the rights and privileges of the patriarchs, this holy synod solemnly confirms. These rights and privileges are those that were in force during the thousand-year union of the East and the West, and even if they should occasionally be adapted to our times, they are truly not to be diminished appreciably."

d) "Wherever a hierarchy of whatever rite is established, it is under the jurisdiction of the patriarch of the same rite, even outside the boundaries of the patriarchal territory."

N.B. On the subject of the patriarchs and of the institution of the patriarchate, many other things should be said. This matter is still too much ignored in the Catholic theology of our day. The progress of historical and patristic studies will prepare bit by bit the basis for a more complete view of the subject.

3. To No. 11: It is not normal to speak, in this schema, of the patriarchs, without saying a word about the patriarchal synods and their competence. Thus we would gladly propose a Number llb, which would be devoted to these two points.

In fact, the authentically Eastern concept of the patriarchate is inseparable from the synodal system. The patriarch is the president of the synod of the bishops of his region, the one who coordinates collegially the activity of the bishops, his brothers. Beside him and under his direction, his holy synod holds a principal place. A patriarch is inconceivable without his synod. As this synodal institution has been somewhat forgotten in the majority of the Eastern Churches, in imitation of the West where synodalism is not honored, the schema should revive it.

In the second place, it is appropriate to allow the holy synod its full powers, in particular relative to the election of bishops, which it should be able to do freely, without the necessity of obtaining a previous authorization or a subsequent confirmation by the Holy See of Rome. In sound theology, based on Holy Scripture, patristic tradition, and the history of the Church, the naming of bishops is not reserved for the Holy See of Rome, not even the right of later confirmation. It was Pope Pius XII who, only 16 years ago, extended to all the Eastern Catholic patriarchs the obligation to draw up in the synod lists of the candidates for the episcopacy, previously approved by Rome, or to obtain subsequent confirmation by Rome. But this measure, far from being required by the theology of the Church, as we have said, is contrary to constant Eastern tradition, and it is fitting to return to the respect for the competence of the Holy Synod on this point. When all the bishops, around their patriarch, elect a candidate to the episcopacy, one must recognize the free exercise of their right. In some particular cases, for motives of the general good of the Church, the Roman Holy See can use its right of universal primacy, but, outside of those exceptional circumstances, one must respect the normal action of Eastern institutions and allow the patriarchal synods their full competence, as in the past.

As for this proposal, it is also necessary to say that the present canonical procedure permits, without due cause, going over the heads of normal judicial instances to introduce the instance in the court in Rome. This method is frequently utilized by one of the parties to harass the other party, to cause him excessive expenses, or to draw out the length of the process. Thus we propose the normal succession of instances in the procedure be respected.

We also propose that judgement in the matter of marriage "ratified but not consummated" be reserved not to the pope, but to the Eastern patriarchs for their respective faithful.

To provide examples, we suggest the following formulas:

a) "Without prejudice to the right of the Roman pontiff to have jurisdiction over disputes, cases of every kind must follow the hierarchical course of the various instances, nor is it allowed, without a special mandate of the Roman pontiff, to bypass episcopal or patriarchal instances so that the case may be directly introduced before the tribunals of the Roman Holy See."

b) "The introduction and also the dispensation of cases concerning marriage that has been ratified but not consummated are reserved to the patriarch for the faithful subject to him."

VII. Sacramental discipline

This chapter is good in its entirety. It contains interesting restorations, in the Catholic Church, of the ancient Eastern discipline and pleasing adaptations to the needs of modern times.

Numbers 13 and 14 affirm the validity of the sacrament of confirmation conferred by any Eastern priest, regardless of the territory or the person. Thus the recent regulations, which are absolutely illogical, placed on the exercise of this right in certain Latin regions, are removed.

Number 15 takes account of the custom of certain Eastern Churches according to which the faithful satisfy the Sunday and feast day obligation by participating either in the Holy Eucharistic Liturgy or in other divine services. It also allows the fulfillment of the Sunday or feast day obligation to start at vespers of the vigil, since, logically, the liturgical day begins at vespers; that can facilitate the observance of the obligation by certain categories of the faithful.

No. 16 extends the "jurisdiction" for hearing confessions to all the places and to all the faithful of other rites. That facilitates the exercise of the holy ministry in the East, where several jurisdictions are intermingled.

No. 17 desires the positive restoration of an active diaconate in all the Eastern Churches. The diaconate was never abolished by law, but among nearly all Eastern Catholics, it needs to be put back into force. No. 17 restores the sub-diaconate among the minor orders, in conformity with Eastern discipline, closing a gap opened by the motu proprio "Crebrae allatae sunt" of 1948.

No. 18 proposes a solution to the acute problem of mixed marriages in the East. Every ordinary of the place can, for proper reasons, dispense the Catholic party from the form of marriage, so that he can validly contract marriage before an Orthodox minister. When everything has been well considered, we prefer to recognize purely and simply the validity of mixed marriages of the Eastern faithful entered into outside the Catholic Church, always on the condition that they are contracted before a Christian religious authority. This solution is very important from the ecumenical point of view.

VIII. Divine Worship

This chapter is equally good, and can be passed in its entirety. We only propose to shorten it.

No. 19 speaks of feast days of obligation, both those common to the whole Eastern Church and those limited to a particular Church. It decides what authority can establish these feasts, but it does not teach us anything new and, as a result, does not offer much of interest. We would willingly propose to drop it.

It is the same for No. 21, which permits the Easterners living outside the East to conform to the rule in force in the country, insofar as feasts of obligation are concerned. Spouses of different rites can equally follow one or the other discipline. All this is already known through canon law, and it is not necessary for the council to stoop to these details.

On the contrary, No. 20, discussing the date of Easter, is of very great importance.

The council has already expressed its desire to see the feast of Easter celebrated on the same day by all Christians. On this point all Christians agree. In practice, how can this wish be realized?

If, by agreement among all Churches and eventually with the cooperation of international organizations, the date of the feast of Easter is fixed (for example, the first or second Sunday of April), the problem is resolved. But this solution on the international level can be delayed, although it is necessary to do everything to hasten it.

While waiting, the Eastern Christians are losing patience. The faithful no longer want this difference in dates, which humiliates them in the view of non-Christians. It is necessary at any cost to find a solution. That will be a great step toward the union that is so much desired.

The schema, in No. 20, authorizes patriarchs and other supreme heads of the area to conclude, after unanimous consent of all those interested, local agreements so that all the Christians of a region may celebrate Easter together.

No. 22 only recalls to mind an obligation to the Divine Office, according to the standards and customs proper to each Church. It says nothing new.

No. 23 discusses the use of vernacular languages in the liturgy. It recalls that all this matter is under the exclusive right of the supreme authority in each Eastern Church, which regulates the use of vernacular languages and approves new versions, without any necessity of having recourse to the Roman See, as in the Latin Church, in which the pope has the additional office of patriarch.

As one can see, this chapter "On Divine Worship" is of clearly Eastern and decentralizing inspiration. The Fathers can pass it without hesitation.

IX. Relationships with Our Orthodox Brethren

This last chapter on the relationships with our Orthodox brethren is a true success of the Eastern Commission.

No. 24 begins by affirming the ecumenical calling of the Eastern Catholics, their "vocation as uniters." The schema indicates the circumstances in which they can fulfill this noble and great mission: prayer, authentic example of Christian life, fidelity to Eastern traditions, knowledge of Orthodoxy, and fraternal collaboration.

No. 25 justifies the necessity of adopting, with regard to our Orthodox brethren, a more lenient attitude in the matter of "communicatio in sacris." The dangers that one fears in general from this "communicatio" with non-Catholics do not occur ordinarily as far as the Orthodox are concerned. That is why, all danger in matters of faith having been dispelled, the Church deems it opportune to indicate a new turning point, with the chief aim of enhancing the advances toward union between the Catholics and the Orthodox.

No. 27 sets forth the new rule: Orthodox in good faith, if they ask of their own accord and have the right dispositions, can receive from Catholic ministers the sacraments of penance, the Eucharist, and the anointing of the sick. In their turn, Catholics can ask for these same sacraments from Orthodox ministers as often as necessity or a genuine benefit recommends such a course of action, and when access to a Catholic priest is physically or morally impossible.

No. 28 applies the same rules, a fortiori, to the "communicatio" in other sacred functions, things, and places of worship.

Finally, No. 29 entrusts this new and very delicate discipline to the prudence of the local ordinaries. Each individual must not remain the judge in this matter, for it is a matter of public order.

This chapter alone, concerning "Ecclesiastical relations with our separated brethren," will suffice to show with what depth and with what breadth of viewpoint the Eastern commission has approached these problems of disciplinary order.

We have serious reservations for the chapter "On Patriarchs," which is inadmissible in its present form.

Except for the amendments that we have indicated, we hope that this schema will receive the approval of the Fathers of the council.

This is only a beginning, but it is an indication that the Easterners are starting to find themselves again, and that they know how, proceeding from their own patrimony, to make their discipline evolve and to adapt it to the needs of the times.

Nevertheless, we hope that there will not be a final vote on this schema before it has been reviewed by the Secretariat for Christian Union.

The Rite of Easterners Desiring Union with Rome

On October 8, 1964, the patriarch published at Rome a circular letter addressed to all the Fathers of the council. In it he defended the point of view that the council would finally approve: Easterners desiring to rejoin Rome must normally remain in their native rite.

Your Excellency, Venerable Brother:

You have doubtless received a letter from the Latin Patriarchate of Jerusalem, in which your vote is solicited against a section of Article 4 of the schema "On the Eastern Churches," which is expressed thus:

"Finally, each and every Catholic, as also the baptized member of every non-Catholic Church or community who enters into the fullness of Catholic communion, should everywhere retain his proper rite, without prejudice to the right of recourse to the Apostolic See in particular cases, and should cherish it and observe it to the best of his ability."

Utilizing in his argument the good of souls, fidelity to the former discipline, and respect for religious liberty, the venerable author of the letter would wish to eliminate the phrase "including baptized non-Catholics who enters into the fullness of Catholic communion," and to add the following clause: "without prejudice to the right, for baptized non-Catholics entering into the fullness of Catholic communion, of choosing another rite if that is set down by them as a necessary condition."

The alleged reasons are not convincing, as Your Excellency can ascertain from the enclosed note.

Besides, the fact that two Eastern Churches, for reasons specific to themselves, have felt that they should uphold the point of view of the Latin Patriarchate of Jerusalem, should not make one forget that they are the only ones following this road, and that the other Eastern Churches (more than twelve) are in agreement with the text of the schema.

In reality, the basic question comes down to this: the Eastern Commission, by over three-fourths of the votes has wished once and for all to close the door to the massive latinization of the East, while, as we elsewhere very freely agree, reserving the exceptional cases to the judgement of the Holy See of Rome, which can, if it deems it appropriate, endow its representatives in the area with the necessary powers ad hoc.

It is obvious that this attitude, which puts an end to centuries-old abuses, cannot please everybody. But along the line of ecumenism, in which the Council is definitely engaged, for the general good of the Catholic Church, which should not be in the position of being accused of latinizing the East, as also for the good of the Eastern Churches, which, in order to accomplish their mission, must be able to retain their children, it is necessary that Easterners remain Easterners, while exceptional cases are reserved for the judgement of Rome.

Consequently, I beseech Your Excellency to support the text of Article 4 of the schema as it is presented. With two exceptions, it is the desire of the Eastern Churches themselves and of the Latin bishops who are friends of the East.

"Concerning the Rite of Baptized Non-Catholics Entering into the Fullness of Catholic Communion"

The end of Article 4 of the schema "On the Eastern Churches" considers what the rite will be of non-Catholic faithful (Orthodox, Anglicans, Protestants, or others) who wish to join the Catholic Church. There are two opposing viewpoints on this subject:

I. The Latin Patriarchate of Jerusalem, to which are joined two or three Eastern communities for reasons that are particular to themselves, proposes to allow those involved the freedom of choosing the rite that they desire, if they make this freedom of choice a necessary condition of their entering the Catholic Church.

In favor of this opinion, there is an appeal to the good of souls, to previous legislation, and to respect for religious freedom. But these reasons are not at all well founded:

a. The law should provide for normal cases and seek to assure the general good of society, without harming the individual. Now, it is normal that an Easterner remains Eastern and that he continues to belong to his own rite, that is to say, to the ecclesial community in which God has placed him to work for his progress. If, in exceptional cases, a necessity of conscience impels him to choose another rite, we do not see any objection; on the contrary, one should help him. That is why the schema has provided, for this kind of exceptional cases, recourse to the Holy See of Rome, which will render judgement, either directly or by the intermediary of its representatives in the area. The good of souls is thus completely protected.

b. As for previous legislation, one knows that it has changed much. The present discipline dates only from 1957, and was imposed on the Easterners in spite of themselves. Against this new legislation, the majority of the Eastern Churches have made their serious criticisms heard. To do justice to these complaints, the Eastern Commission thus proposes to the council a just and beneficial reform, responding to the intimate desire of the Holy See, expressed many times by the popes, to see the Easterners remain Eastern and in their proper rite.

c. As for respect for religious freedom, the text of the schema does no damage to it. The Easterner who wishes to become Latin or to change to another eastern rite can ask for it and obtain it from the Holy See. But the law provides that, normally, he must remain in his own rite. All law restrains the exercise of human freedom in view of the general good of society. There is in the text of the schema no damage to human freedom, any more than in the other laws of the Church.

II. The other Eastern Churches (more than twelve) are in favor of the text of the schema:

Normally everyone must remain in his own rite; in exceptional cases, the Holy See can authorize changing to another rite. This is a wise, practical, and beneficial rule. Here are the principal reasons for it:

a. In the same manner that each Catholic must remain faithful to his rite, the non-Catholic brother who is reconciled to the Catholic Church must remain in his rite, for he already belongs to that rite, to that ecclesial community. That is a calling to which he should remain faithful.

b. It is a desire of the Roman Holy See that Easterners remain Eastern. Now, if one allows them the choice of becoming Latin, it is to be anticipated that the "latinizers" will use their numerical, cultural, and financial superiority to induce them to change to the Latin rite. This is no chimerical danger, but rather a sad reality. The result: instead of helping Easterners to be Catholic and Eastern at the same time, one "latinizes" them. Now, that is contrary to the will, repeated a thousand times, of the Holy See.

c. That "necessary condition" of changing to another rite, set down at the moment of reconciliation with the Catholic Church, is nothing more than a stratagem. There are all sorts of external pressures. Those who wish to latinize arrange in practice to have this condition always set down by their "converts." They even have printed forms that the people sign at the request of the parish priest, as if it were taken for granted. On the contrary, if one had taught the people the respect and the love for their rite, as the Holy See desires, the people would not ask for anything more than remaining in their rite.

d. In every case, the basic question returns to this: does the Catholic Church desire that the Easterners be Catholic or Latin? If it wishes them to be Catholic, why not let them be Eastern and Catholic at the same time? If it wishes them to be Latin, then let us not speak any longer of ecumenism and of union of the Churches. It is better not to put the Catholic authorities in a position of being accused for a long time more of duplicity.

Conclusion:

Our viewpoint, expressed in No. 4 of the schema, is clear:

a. Catholics, Eastern as well as Western, must remain everywhere and always in their rite.

b. Those of our non-Catholic brothers who wish to join us must remain in their rite, in the ecclesial community to which they already belong, and which, with their cooperation, must restore its unity and develop inside the universal Church.

c. If one person or another, for personal motives, desires to change to another rite, we do not see any obstacle to it. But this change to another rite, must depend not on a condition sine qua non set by him and that simply serves to disguise the pressures put on him to make him change his rite (most frequently to latinize him), but on a decision of the Roman Holy See that will give judgment with complete objectivity.

The two solutions, basically, meet on the two most important points:

-Normally, everyone must remain in his rite;

-Exceptionally, particular circumstances can advise change to another rite. But, who will pass judgment as to how well-founded the circumstances are?

-The interested person himself, says the Latin Patriarchate.

-No, says the schema, with good reason, it is the Church, represented by the Roman See, which alone escapes local pressures. Thus: Pass No. 4 of the schema without adding any modification.

The Multiplicity of Catholic Jurisdictions in the Arab Near East

This is a serious and acute problem. The Melkite Greek Hierarchy discussed it in an Appendix to its "Observations on the Schemas of the Council" (1963).

There have been various rumors these days on the subject of an eventual unification of the multiple patriarchal and episcopal Catholic jurisdictions that are exercised in one and the same territory, in the East in general, and more particularly in the Arab Near East.

No draft has until now been officially submitted to the council, but the idea is in the air, and several attempts have been made to have one or another preparatory conciliar commission take hold of such a draft.

Fortunately, public opinion in the East has not been made aware of this.

Only some few Eastern prelates, echoed by some Western scholars who in general are not in touch with the real situation of the Church in the East, think that this question should be debated anew. The authors of this suggestion are beguiled by the possible advantages of such a unification and are not thinking of its real drawbacks and of the dangerous and incalculable reactions that it would arouse in a region that is already too much troubled. The Westerners who echo them favor in this unification a system that agrees well with their mentality and with the ecclesiastical organization to which they are accustomed.

Thus the Fathers of the council are in danger of being saddled unexpectedly with a draft, presented suddenly by the intermediary of a conciliar commission or by a request signed by a number of bishops who in reality are rarely those who can have complete and precise information on this subject.

That is why we have believed it necessary to put the Fathers of the council on guard against the possibility of such actions, which represent only the opinions of a very limited group, by providing them with the elements of brief and objective information. We deliberately limit our study to the Arab Near East, for two reasons: first, it is there that the problem of the multiplicity of jurisdiction is posed most acutely; second, because, living in this milieu and bearing its responsibilities, we are in a better position to speak of it with knowledge of its origins.

A Brief History

It is fitting to begin our inquiry with a brief historical reminder, for the present situation can only be explained through a return to the origins.

It is unfortunately the history of the gradual crumbling of Christianity in our region.

The doctrinal controversies of the first centuries created in the area Churches detached from canonical Orthodoxy, which were hierarchically organized in separate communities. First there was the Nestorian Church, then came monophysitism, which erected a national Church in each region: the Coptic Church in Egypt, the Syrian Church in Syria, the Armenian Church in Armenia. Later, monothelitism also raised up a monothelite Church, which fortunately did not last.

Opposite these Churches separated from canonical Orthodoxy, established from the fifth to the seventh century, the Orthodox-Catholic Church—also called in these regions the Melkite Church—the Church of the councils, maintained the Orthodox faith and Catholic communion with the rest of Christianity, in spite of the diminution in the number of its faithful.

The Muslim conquest of the first half of the seventh century sanctioned this division and even accentuated it. Islam recognized an autonomous status for each of these Churches, seeing in them, more than rites or different religious confessions, autonomous "nations" equally submitted to the "protection" of the conquering Muslims.

As a result of a prolonged vacancy in the Orthodox Patriarchal See of Antioch, the Maronites were also established as an autonomous nation-Church.

Thus the Arabic Near East knew, throughout the Middle Ages, six Church-nations, internally ruled by their religious leaders: the Greek nation, Orthodox or Melkite; the Nestorian nation; the Coptic nation; the Syrian nation; the Armenian nation; and the Maronite nation.

The schism between Byzantium and Rome involved, bit by bit and almost imperceptibly, the great majority of the Greek-Melkite nation in the separation from Rome. In contrast, the Maronite nation maintained constant ties with Rome, at least since the Crusades.

In the heart of these communities-Churches-nations, movements of partial union with the See of Rome began after the setback of the attempt at a global union at Florence and grew firm everywhere at the beginning of the eighteenth century. These movements of union separated from each original community more or less important groups, to which Rome gave or recognized a distinct Catholic hierarchy. Thus the communities listed above, with the exception of the Maronite community, which was entirely united, each broke into two branches, one becoming Catholic, the other remaining what it was (Orthodox, in the sense that each one understands it).

In the last century, Protestants made some recruits and were established as new autonomous churches. On their side, the Latin missionaries, abandoning their old ways that consisted of helping the Easterners ("in auxilium Orientalium"), also made recruits and established them as a new Latin community-Church-nation.

The result of all these variations is shown in the following table of the Christian communities in the Arab Near-East:

The Melkite Church at the Council Discourses and Memoranda of Patriarch Maximos IV and of the Hierarchs of His Church at the Second Vatican Council - - - Introduction by Archimandrite Robert F. Taft
Tradition	Non-Catholic Church	Catholic Church
Assyrian	Church of the East	Chaldean Church
Antiochian	Syrian Orthodox Church	Syrian Catholic Church
Alexandrian	Coptic Orthodox Church	Coptic Catholic Church
Armenian	Armenian Apostolic Church	Armenian Catholic Church
Greek (Byzantine)	Greek Orthodox Church	Melkite Greek Catholic Church
Maronite		Maronite Church
Reformed	Protestant Churches
Roman		Latin Church

Present Situation

1. Mere consideration of the above table shows that, at least in theory, there are or can be in the Arab Near East six non-Catholic jurisdictions, as opposed to six Eastern Catholic jurisdictions and one Latin jurisdiction. All these jurisdictions are exercised, or can be exercised, simultaneously and over the same territory, but, it should be kept in mind, over distinct faithful: a multiple jurisdiction, of a character that is territorial and personal at the same time.

2. The multiplicity of Orthodox jurisdictions does not concern us. From here on we shall speak only of the multiplicity of Catholic jurisdictions. Thus everywhere in the Arab Near East there are or can be seven Catholic jurisdictions that are intermingled, for one reason or another.

3. But the intermingling is not equal everywhere, in the sense that the mixture of populations occurs in varying proportions. Although, for example, in the large cities, such as Beirut, Damascus, Aleppo, Cairo, or Alexandria, one encounters faithful of nearly all the communities, elsewhere the Catholic population is either exclusively of the same rite, or at least the faithful of the other rites are in such a minority that they can be considered as immigrants or strangers. Thus, for example, in Upper Egypt one finds only Copts; in some entire regions of Lebanon, there are practically only Maronites; in Palestine, there are practically only Melkites and Latins; in Iraq, the Chaldeans and Syrians share the population, with a minority of Armenians; in Syria, the population is more mixed, but with a Melkite predominance, etc. The mixture is such that it is difficult to draw a geographic map of the distribution of each of these communities.

4. Of the seven Catholic communities, each of the six Eastern communities has a patriarchal authority at its head: the see of Alexandria is occupied by the Melkite patriarch and by the Coptic Catholic patriarch; the See of Antioch is occupied by the Melkite patriarch, the Syrian patriarch, and the Maronite patriarch; the See of Jerusalem is occupied by the Melkite patriarch and by a Latin patriarch, who does not have the powers that are properly called patriarchal; the See of Babylon is occupied by the Chaldean patriarch; the See of Cis is occupied by the Armenian patriarch. Thus, apart from the Latin community, which does not have a unique local head, all the Eastern communities have a patriarch at their head.

5. In principle, if the number of the faithful everywhere so indicated, there could be, in each episcopal see, six Eastern bishops and one Latin bishop. In fact, this exists only in certain great cities, like Beirut, where there are six Catholic bishops, at Aleppo and at Cairo, where there are five, etc. But, even where there are not that many bishops, there are invariably seven Catholic jurisdictions, respectively represented either by bishops, or by patriarchal or episcopal vicars, or by simple pastors.

Advantages and Drawbacks

In this situation, the only one in the world, there are advantages and drawbacks.

1. Advantages

a. The first advantage is that for each liturgical rite there is a corresponding Church, a distinct community, its own hierarchy. From the points of view of liturgy and discipline, this is certainly a perfect framework.

b. The second advantage, at least in the eyes of Catholics, is that for each Orthodox hierarchy there is everywhere, or almost everywhere, a corresponding Catholic hierarchy of the same rite.

c. The third advantage is that in principle this large number of bishops should permit a more meticulous care of the Lord's flock. Many bishops reach the point of knowing practically all the families in their diocese.

d. Finally, the great advantage is above all is that relationships have been established in such a delicate situation of Christianity. Each hierarchy has succeeded, after centuries of efforts, in organizing itself. This multiplicity is established firmly in the souls of the faithful, in their rites, in their history, in their feelings, in their hearts, in their every-day lives. This is a delicate system that it would be difficult to replace without great confusion.

2. Drawbacks

But, on the other hand, this system presents numerous and real drawbacks. Let it suffice to enumerate them briefly:

a. A considerable number of Catholic bishops on the same seat and in the same city; and several patriarchs occupy the same patriarchal see.

b. Patriarchs, whatever may be their see, exercise in practice their jurisdiction over territory of other patriarchal sees, and all are in practice patriarchs of all the Near East.

c. Nobody is the sole responsible individual for the general interests of Catholicism in a given region. This drawback is the most important, for none of the hierarchs is powerful enough to look after, efficaciously and by himself, the most vital interests of the Church: teaching, Catholic action, works of charity, the press, television, social action, and relations with the state. Each one works on these things, but his action is weak. These questions can only be handled by the whole group of the Catholic hierarchs of a given region, and that is naturally more difficult than if there were a single responsible individual.

Unrealistic Solutions

In the light of this delicate situation, some Catholic individuals or groups have conceived and proposed solutions. These efforts date quite far back. But all these solutions have the fault of being more attractive than real, more theoretical than practical. Moreover, they bring with them consequences that are still more unfavorable than the drawbacks that they are intended to avoid.

We do not pretend to enumerate them all, for new ones are invented ceaselessly. Let it suffice to mention the more fashionable ones.

1. A radical solution consists of suppressing all rites and all communities. It is said that one is Catholic, and that is enough. As for the liturgy, if one does not wish to adopt purely and simply the Latin rite, one can adopt one of the Eastern rites, or, better, one can compose a new unified rite (Arabic rite). Canon law is already unified for all the Eastern Catholic communities. It will only remain to unify the liturgical rites. Once these two things have been unified, there would be no need for more than a single Catholic bishop for each city, with a single patriarch for all, and only a single jurisdiction. In that fashion the problem is resolved.

Just the statement of these fantasies turns the head of anyone who possesses the least idea of the East and has even the slightest responsibility for souls in that region.

To suppress rites in the Church is impossible, for there would be the most serious problems everywhere. And if it were possible, it would be criminal, because that would impoverish the Church of the greatest part of its spiritual patrimony. Uniformity on this point, far from being a benefit, is a catastrophe.

It would be above all a catastrophe if the suppression of the Eastern rites must be done in favor of the Latin rite. At that moment, one would have to believe that one could only be Catholic by being Latin, that Catholicism and Latinism are synonymous. Every effort for reunion of all Christians in Catholicity would then have to be abandoned.

As for retaining only one of the Eastern rites (which one, by the way?) or devising one from pieces of all, that is pure fantasy.

Such solutions can be considered only by minds that live only an amorphous Catholicism, without roots in real life, without attachments to the past, and without a grip on the future.

Thus we do not know of any truly responsible persons who share these views.

2. Another solution intends to unify the jurisdictions, while maintaining the diversity of rites. In each diocese, there would be only one bishop, taken in turn from each rite. Thus, at Aleppo, for instance, there would be a Greek Catholic bishop; at his death, a Maronite bishop would succeed him; then, at the latter's death, an Armenian bishop, etc.

That is such a utopian solution that we do not even think that we have to refute it.

3. Others think that all bishops of the same city should remain, but there would be attributed to one of them, taken in turn, the actual administration of all Catholics of the diocese, whatever might be their rite.

This is an even more utopian solution.

4. Others have thought that in an episcopal city, one of the bishops would be truly the bishop, with territorial jurisdiction, and the others would be bishops with purely personal jurisdiction. Thus, at Beirut, for example, the Maronite bishop would be the only Bishop of Beirut, for all the Catholics of that diocese, whatever might be their rite, but there would be also a Melkite bishop for Melkites only (liturgical and communal interests), a Syrian bishop, etc. The relationships between the territorial bishop and the personal bishops would remain to be determined.

This is still imagination with no basis in reality.

5. Others maintain also that it is not necessary to have more than a single bishop, properly so called, in each diocese. This bishop would be responsible for all Catholics, of whatever rite they might be. He, in his role of bishop, would not belong to any rite, or would be, as one might say, of all rites, a bit like the pope, who is of the Latin rite, but who governs the faithful of all rites. This single bishop would have general vicars, invested, if necessary, with the episcopal character, for each of the rites sufficiently well represented in his diocese.

Still pure imagination.

6. Others are indeed content that there should be several bishops in the same city, but ask at least that certain parts of the diocese, where there are practically only faithful of a single rite, be subject to the exclusive jurisdiction of the bishop of that rite, and that the other bishops have nothing to do there despite the fact that they are theoretically the spiritual heads of the same diocese.

7. Others ask that in the deliberative councils of the bishops of the same city the votes should not be equal among all the bishops, but that they should be weighted in proportion to the number of faithful that each one has in fact under his jurisdiction.

8. Finally, others would be satisfied with the unification of the patriarchates. On each patriarchal seat there would be only one incumbent, with quite limited territorial jurisdiction. For this, one could proceed, if necessary, to a new partitioning of the territories belonging to each see, in such fashion that each patriarch would have an exclusive territory, even if he had suffragans of different rites.

This solution seems to receive more attention today. It has apparently the advantage of preserving the multiplicity of rites; it does not affect the multiplicity of episcopal jurisdictions; it makes the patriarch, henceforth the single incumbent of his seat, a superior head, belonging to no rite, or belonging to all rites, but one who assumes the interests of all rites, that is to say of the whole of Catholicism over all the extent of his patriarchate.

In this perspective, one gets down to some practical details, and there is proposed a division, which one wishes to be as equitable as possible, of the patriarchal sees among the different existing communities. The see of Alexandria would be assigned to the Coptic Catholic patriarch. The See of Antioch would be divided in two: the Lebanese part would be assigned to the Maronite patriarch, the Syrian part should still be contested between the Melkite patriarch (who has the more numerous faithful) and the Syrian Catholic patriarch. The See of Jerusalem would be taken away from the Latins and given to the Melkites. The See of Babylon (of Iraq) would remain occupied by the Chaldean patriarch. The Armenian patriarch would occupy the See of Sis, but he would not have a fixed territory.

General Review of All These Plans

We stop our analysis here, for all these solutions assume, basically, the idea of unifying jurisdictions, whether episcopal or patriarchal, in the Near East.

Now, we are convinced that any unification of jurisdictions in this region is 1) detrimental to the highest interests of Catholicism, 2) excessively dangerous, and 3) not realizable in fact. Here are our reasons, which are all of a general nature:

1. These solutions are detrimental to the highest interests of Catholicism.

a. Apart from the Maronite community, which has already reached its goal by being completely united in Catholicism, all the other Eastern Catholic communities are still in the stage of partial union. Now, in this stage of their mission, as Christ and the Church expect it of them, these communities, hoping ceaselessly to restore their unity in the heart of Catholicism, must not pose anything that is prejudicial to the future of union, which renders it impossible or notably more difficult.

Now, a unification of jurisdiction, whether at the episcopal or patriarchal level, is so sensitive and essential a modification brought to the fundamental institutions of each Catholic community that the corresponding Orthodox community would no longer recognize it.

Our present stage of union is not a definitive formula. We are in some sort of transitional organization. When global union will be realized between Orthodoxy and Catholicism, we must reinstate this catholic orthodoxy and dissolve our hierarchical frameworks in it. By what right will we have previously suppressed such jurisdiction or founded such another one in an organism not pertaining to any rite, in which our Orthodox brothers would not recognize themselves?

This is as equally true for liturgy and discipline as for jurisdiction: there must be no fundamental transformation of these institutions in such a way that union is not realized. When this union will be realized, the Church of that time will make the reforms that it will consider useful.

b. We must also reject any unification of jurisdiction which would result in the absorption of one Church by another. A distinct Church inside Catholicism requires, if not a distinct rite, at least a distinct hierarchy. Any fusion or absorption of a hierarchy by another marks the disappearance of a Church. Thus, the Melkites have a good 50,000 faithful in the United States. These faithful have a distinct rite, their own priests, and their own discipline. But as long as they do not have a distinct hierarchy, one cannot say that there is a Melkite Church in the United States. And if they are not part of a Church, the Melkites in the United States are continually threatened with disappearing.

Now, the Catholic Church wishes to preserve all the Churches that form it, in particular the Eastern Churches, which have the important mission of restoring Christian unity with the corresponding Orthodox branches of their rite. To deprive one or another of its own hierarchy is to prepare for the disappearance, sooner or later, of these Churches. It is to inflict considerable harm on Catholicism.

The final result, which is not acknowledged, of all these artificial efforts for unification of hierarchies will be the fatal absorption of all Churches into Latinism, equated with Catholicism.

2. These solutions are excessively dangerous

The East is extremely sensitive. In the last century, the adoption of the Gregorian calendar brought about a true schism in the Melkite Church, which required a number of years to be resolved, after having taken away from our Church a good number of its children. The direct appointment of a patriarch or a bishop immediately by Rome causes serious troubles which have embittered relations for numerous years. What can one then say about changes that are as radical as those that are proposed to us?

No prelate who knows the East and is aware of his responsibilities will dare to proceed in fact to such revolutionary changes. The difficulties and the dangers are such that it is necessary, for the love of God, to stop discussing these questions. As long as these subjects are treated in a limited circle of those dealing in theory, the harm is limited to a loss of time and to some individual commotion. But the day that these fervent questions are thrown open to the public, none of us could say what might happen.

3. These solutions cannot be realized in practice

It would be necessary to take them up one by one. Let us be content with the two principal ones:

a. First, the solution that calls for a single bishop in each city, under whatever form it is presented. Either this single bishop will be taken from a specific community, the most numerous for example, and then the faithful of other communities will feel that they have been wronged, placed in a position of inferiority, subject to an authority of another rite, or he will be "neutral," that is to say, not belonging to any rite, to any community, and that is unthinkable. What community will accept having its bishop be a bishop who is simply personal and not territorial, who is a simple vicar general in the service of a bishop of another rite, who would not have jurisdiction everywhere in the diocese, who would not have an equal vote in the deliberative councils? Only one who does not know the East could think that such solutions are possible.

b. It is the same for the solution that wishes to unify patriarchal jurisdictions:

1) An amorphous patriarch, not belonging to any rite, to any particular Church, is unthinkable: by definition, a patriarch is the head of a Church.

2) It is not normal that some faithful, clerics, and bishops be dependent on a patriarch of another rite, that is to say, of another particular Church.

3) The distribution of the patriarchal sees among the different rites arises from pure fantasy. It is a fact that doctrinal differences, then the movements of union with Rome, have multiplied the incumbents of each patriarchal see. We do not wish to enter here into interminable discussions to decide, for example, which of the three present incumbents of the see of Antioch is the successor of St. Ignatius of Antioch. Today the three are legitimate. On the seat of Alexandria, the Melkite incumbent is as authentic as the Coptic incumbent, and on the seat of Antioch each of the three patriarchs, Melkite, Syrian, and Maronite, is a legitimate incumbent. According to what criterion, therefore, is the See of Antioch to be reserved for only one of them?

All these solutions are not realizable and are dangerous

Realistic Solution: Collaboration and Synodalism

The only solution that to us appears realistic is the one that takes into account the known facts of what is real, possible, and useful. Since we are not able to suppress the multiplicity of jurisdictions, we organize them in such a way as to avoid as much as possible its drawbacks and to produce the maximum advantages.

Our program can be summed up in two words: collaboration and synodalism.

1. Collaboration

This includes the following manifestations:

a. First create a spirit of collaboration among the different communities. Learn to help one another, to work together, to love one another. It is necessary to cultivate this spirit starting with the seminary. Arrange as much as possible for contacts, encounters, congresses, etc.

b. Avoid dispersion of forces. In small centers, one church could serve two communities. In the same small village, a single Catholic school is sufficient.

c. Do not push the autonomy of jurisdiction to extremes. When the faithful of one rite are greatly outnumbered in a parish of another rite, the administration of them can very well be entrusted to the pastor of the parish, while having them visited from time to time by a priest of their rite.

d. Unify all the spheres in which the communal interest is not strictly at stake: general direction of teaching, of Catholic action, of relations with the press, radio, and television, of social action, of charity, of relations with the state, etc.

2. Synodalism: For all matters of common interest, there should be one seat of responsibility. Who will it be? It cannot be an individual person. Thus it will be the synod of all hierarchs having jurisdiction in the same territory: a patriarchal synod or an episcopal synod.

To reach this goal, patriarchal or episcopal conferences are insufficient, at least in their present form. It is necessary to have a true synod, in the Eastern manner, with power of decision.

This synod should be held more or less frequently: one or two times a year for the patriarchal or the national episcopal synod; each month, perhaps, for the bishops of the same city. Between the meetings of the synod, an executive committee always has the duty of seeing that the decisions are executed. In this fashion, to the question, "Is there in the East a seat of responsibility for all Catholic interest for the whole country or for the whole diocese?" One will be able to reply, "Yes, but this seat of responsibility is not an individual person: it is the synod of all those to whom the Lord has entrusted His Church in this corner of the Lord's field."

We think that that is the only truly realistic solution.

Conclusion

1. Be that as it may, we think that it is not appropriate to burden the council with such a question. It is a situation that is too specific to the Near East. In addition, the Fathers, as a whole, cannot obtain a sufficiently complete and personal conception of this question to settle it while knowing its background.

2. It is necessary at all cost to avoid causing troubles among the people by discussing this question without discretion.

3. In order to realize the collaboration of which we have spoken, it is necessary to rely on patriarchal or episcopal conferences on the spot. Only they can indicate the realistic solutions that are required.

4. It is necessary to work from now on to settle the regulation and the competencies of the patriarchal and episcopal synods that will bear collegially the responsibility for Catholicism on the spot.

We think that it is necessary, as a point of departure, to accept the special form under which the problem of the Church in this region is presented. Each country has its own difficulties to resolve. What suits one country does not necessarily suit another. For each situation it is necessary to find the solution that suits it and resolve the problems according to the given realities.

Given all the reasons that we have put forth, the firm and clear attitude of our Melkite Greek Catholic Church, as opposed to the more or less fanciful projects of unification of jurisdiction in the Arab Near East, is that there should be no innovations: nihil innovetur, but that there should be constant striving to improve the collaboration among all communities with the aim of the general good of the Church.

Archbishop Joseph Tawil, Patriarchal Vicar at Damascus, took up this topic again in a brief intervention at the Council on November 13, 1963.

All the Catholic communities of Eastern rite, taken together or separately, are a miniature of the Churches that they represent. With the exception of the Maronite Church, all have an Orthodox branch, which is more or less large. All, taken together, form scarcely three per cent (3%) of the Orthodox from which they were born. The Orthodox, throughout the world, comprise about two hundred million souls, of which there are three million Syrians, five million Armenians, fifteen million Copts and Ethiopians, and a hundred and eighty million Byzantines.

But among the Catholic communities of Eastern rite, not all present an Eastern appearance; some, in truth, present a Latin appearance. Certainly, the Latin Church is very honorable, but a Church that is latinized quoad modum does not offer to the Western Church anything that it does not already have in abundance; even more, it produces a great disappointment for the Orthodox branch of the same Church, which consequently lacks an authentic witness of its own tradition in the midst of this council.

In this conciliar assembly we have already heard one or another of the Eastern Fathers request the unification of those jurisdictions where the jurisdiction, not being territorial, is in fact personal, as there exist several incumbents of different rites, whose seats are in the same place. This state of things did not arise yesterday; it dates back several centuries. The theory of the remedy is certainly fine, but often the best is the enemy of the good. This proposal seems to us utopian, and at the same time dangerous and harmful.

1. It is utopian. As there are, in fact, faithful springing from so many different rites and leading their own lives in autonomy for fifteen centuries, can they be led to live together under one and the same authority? If such an experiment were tried, it would be without doubt tempting fate and reaping misfortune.

2. It is dangerous and harmful. In fact, each Eastern Catholic Church, taken separately, forms an incomplete entity which awaits, or rather invites, its Orthodox "pleroma." Each of these Churches marks a station on the road to unity. All go forward together like the vanguard of an army that follows, and from which it cannot be separated. But what should one think of a vanguard that so separates itself from the body of the army that the latter can no longer recognize it? Pope Benedict XIV, who so often fought against latinization of the Eastern Churches, requested them to preserve the same aspect as Orthodoxy, because we must look at things not with our Catholic eyes but with Orthodox eyes.

I conclude that the proposed unification of jurisdictions, far from being the remedy for the troubles that it intends to heal, will appear worse than the troubles and will very much increase the confusion.

In fact, a rite, deprived of its own bishop, will disappear bit by bit, or at least be unsound, and its faithful will perish bit by bit.

That is why this proposal offers less a solution than a dissolution. As always, we do not have any objection if the hierarchies that consent make the experiment.

Hierarchies for Eastern Immigrants

Archbishop Philip Nabaa, Metropolitan of Beirut, presented to the Commission of Bishops the following note entitled "Erection of Eastern Dioceses in America."

In the first general session of the commission "On Bishops and Diocesan Administration," held at Rome from the 14th to the 19th of November 1960, I presented a first note on the "Necessity to create Eastern Rite Dioceses in America." Following that note, I wish, in the present report, to add certain necessary precision and suggestions relative to the following points:

I. The numerical importance of Easterners in America

We do not speak here of the Ukrainian Easterners, who already have their own hierarchy in the United States and Canada. We limit our discussion to the Maronites and Melkites, who are the most important Eastern Catholic communities in North and South America. And it is for them that we entreat for the erection of respective personal dioceses. Their present number and their future require that institution.

In the absence of a rigorously exact census, we give the figures that we find in the official annual of the Catholic Church in the United States: The Official Catholic Directory, 1959, p. 256.

Number of Maronites in the United States 125,000

Number of Melkites in the United States 50,000

There are as many and more in South America, in particular in Brazil and Argentina.

These figures constitute important dioceses in the Church in the Near East, where it is necessary to defend the faith of Christian minorities and sustain them against dominating and encroaching Islam. Now these Christians in America are an integral part of the Eastern Church, and must remain faithful to it, for the life and the growth of Catholicism in the East.

The Orthodox in America have understood very well this necessity for life and growth. They already have several bishops in the United States and Brazil. They have a hundred parish churches that are well organized. They have charitable societies that are rich and prosperous. They have an unlimited freedom of action and of growth. This is to such an extent that in the places where the Eastern Catholics are not well organized they go to the Orthodox Churches.

2. Serious and perhaps irreparable harm resulting from the lack of erection of Eastern dioceses in America

The Eastern Catholics of America, in particular the Maronites and Melkites, do not yet have any bishop, nor any hierarchical head of their own. The resulting injuries to them, and to all Eastern Catholicism, are very numerous and very serious.

Many Eastern Catholics, especially those who do not have an Eastern Catholic church near them, do not know who is their leader, nor who their pastors are, and thus lose their faith, or if there is an Orthodox church near them, they become Orthodox. And unfortunately this unhappy fact occurs frequently. As there is no leader to watch over them and to be responsible, the trouble continues and is aggravated, without any remedy being brought to it.

Where there are Eastern Catholic churches, these churches are considered sometimes as personal parish churches, sometimes as chapels under the guidance of Latin parish churches. And in these two cases the Eastern officiating ministers do not know exactly what are the limits of their powers or of their territory.

Free from the supervision of the Latin bishop, and not having an Eastern bishop to watch over them, these churches surrender, from the point of view of ritual, to all kinds of liturgical abuses. The sacred adornments take the Latin form. The religious offices are parodied. Signs of the cross are made backwards, or replaced by genuflections. Icons are replaced by statues. No trace of an iconostasis, of an Eastern altar, of beautiful liturgical processions. It is a diminution, almost a death of the Eastern rite, because of the encroachment of the Latin rite, or rather because of the absence of an Eastern hierarchical authority.

The Orthodox see these harms and abuses, and are scandalized by them, taking the occasion to distance themselves more and more from Eastern Catholicism, when they are not carrying away the discontented members of the Eastern churches.

3. Equality between Eastern and Western Catholics

All Eastern Catholics, and particularly those in America, know that the Latin immigrants in the East have a Western Catholic hierarchy. This is the case, for example, of Egypt, of Lebanon, and of Palestine, which even has a Latin patriarch in Jerusalem beside the Melkite Catholic patriarch. Knowing this, the Eastern Catholics in America entreat forcefully for their own hierarchy, capable of serving them and saving them in line with the religious and national points of view. The services that have been offered to them until now have been definitely ineffective. And if they are not provided with the institution of an Eastern hierarchy, which takes the Easterners and their interests to heart and which is capable of serving them well, the Catholics are going to lose their most sacred rights, and that will be a grave injustice.

Like their Latin brothers who have immigrated to the East and who have in this immigration their own hierarchy, likewise the Eastern Catholics who have immigrated to America have the right to have, in that country, their own hierarchy. Equality between Eastern and Western Catholics requires it. The Holy See has recognized this, and brought it about in several Western countries.

In the United States for the Ukrainians.

In Canada for the Ukrainians.

In Australia, in Germany, in France similarly for the Ukrainians.

And last of all in France for the Armenians also. And since the Holy See has done this for all these countries, it can also do it elsewhere, and for groups as important as the Maronites and Melkites of America.

4. Proclamation of Principle by the Council

So that it may not be said that there are two weights and two measures in the Catholic Church, and that the Westerners have more advantages and rights than the Easterners, we ask that the principle of equality between all Eastern and Western Catholics be proclaimed by this council and that a special mention be made for the erection of Eastern dioceses in Western countries, equal to the Latin dioceses in Eastern countries.

It would not be fitting to leave to the Oriental Congregation alone the proclamation of this principle. But it will be necessary to leave to it the de facto judgment, that is to say the realization and the legal constitution of Eastern dioceses in Western countries. The proclamation of the principle by this council will be an occasion of justice for Eastern Catholics and a great encouragement to the Orthodox, for the great catholic union, which is one of the greatest wishes of this council.

5. The legal constitution of the Eastern personal dioceses

It is necessary to give the Eastern dioceses established in America and in other parts of the West a legal constitution that will safeguard two benefits, the benefit for the Eastern faithful of the immigration and the benefit of the unity of territorial jurisdiction in the same diocese. This constitution must permit the Eastern Church, in the West, to have a rank that is worthy of it and free and effective activity among its faithful, but without creating jurisdictional conflicts. In particular, this constitution must assure to the Eastern bishops established in the West all the rights that bishops have in their dioceses. However, the jurisdiction of Eastern bishops will be principally personal and secondarily territorial. It will be exercised directly over the faithful of that rite, and indirectly over the faithful of other rites, while retaining the common rules on the administration of the sacraments and more particularly of marriage. It will extend to all the places of an ecclesiastical province and of a country where there are faithful of that rite, even if the places belong to different dioceses.

And as there is only one pope who can have and give jurisdiction over a number of dioceses, the Holy See can delegate its powers and designate an Eastern bishop as "Apostolic Exarch." He can also constitute for the Easterners a Metropolitan who, while being a Cardinal or Archbishop of a certain diocese would be also the Ordinary of all the Easterners of the country or of the province. In that case, the Eastern bishop would be the suffragan of this Metropolitan.

The concrete arrangements of this constitution will be specified by the Sacred Oriental Congregation, according to the models of the Constitutions which govern the Exarchates of the Ukrainians and the Armenians in America, Australia, Germany, and France.

6. Conclusions in brief and legal forms

The Catholic world, the Orthodox world, and the Protestant world expect from the Second Vatican Council authentic declarations and useful and effective actions for reviving the union of Christians in one single and unique Church of Christ.

The Second Vatican Council must respond to this universal Christian expectation and thus prove, in the sight of the whole world, that it is ready to do everything that is dependent on it and all that it can justifiably do for the realization of Christian unity.

As for what concerns immigrants and the erection of Eastern dioceses in Western countries, the following declarations and actions are proposed:

1) All Eastern and Western Christians, of whatever rite to which they belong, whether residing in their country of origin or in countries where they are immigrants, have the same rights in the Church of Christ, which is one and universal, that is, catholic.

2) Eastern rite dioceses will be erected in Western countries, as Latin rite dioceses will also be erected in Eastern countries, wherever it is necessary or useful for the salvation of souls and the good of the Church.

3) When several jurisdictions are established in the same place, in the East or in the West, a higher ecclesiastical authority will be constituted, in the form of an assembly of bishops or in the manner of existing metropolitans, to unify the diverse jurisdictions.

+ + +

In its "Observations on the Schemas of the Council" (1963), the Holy Synod returned to the question, asking for at least the beginning of the founding of "personal dioceses" for the Easterners outside the patriarchal territory. They referred to the schema "On Bishops and the Administration of Dioceses.") The schema, very fortunately, recommends establishing personal dioceses for the faithful of another rite, when their number requires it. In reality, this today concerns only personal dioceses of Eastern rite, for the Latin Church has divided up the terrestrial globe, and all the Latin dioceses in the world are considered as territorial. Even when the number of Latins does not reach 2000, the Holy See gives them, even in the heart of the East, a hierarchy of their own rite. But when the Easterners number more than 50,000 or 100,000, (as for example the Melkites or the Maronites in the United States), they must give up having even a simple personal diocese. If the council wishes to do something useful on this point, it must recommend that the bishops should not oppose indefinitely the establishment of personal dioceses for the Easterners, as a prelude to the establishment of true territorial and personal dioceses, for, in justice, why should the Latins be able to have territorial dioceses everywhere, even if they are a very tiny minority, and not the Easterners, when the latter are a respectable number? This system of two weights and two measures in the Catholic Church must cease. It is necessary to add to this that the opposition of certain Western ordinaries to the establishment of personal dioceses for the Easterners results in having Eastern immigrants not receiving sufficient spiritual help, and the priests that serve them lack an episcopal authority to keep them in fidelity to their rite and to their discipline. Because of their union with Rome, the Eastern Catholics of the immigration thus have their arms tied. They cannot expand, and they see their faithful diminish, while their Orthodox brothers, free in this regard, are organized and expanding. Can this unjust situation last indefinitely?

Public Discussion of the Conciliar Schema

It was on October 15, 1964, that the assembly began the public discussion of the schema "On the Eastern Churches." Patriarch Maximos attacked the part concerning patriarchs. Of all the parts of the decree, that was the least admissible. It was Archbishop Elias Zoghby, Patriarchal Vicar for Egypt and the Sudan, who expressed serious reservations against the text of the schema on October 16, 1964.

I would like to make three remarks about the schema on the Eastern Churches: the first is theological, the second historical, the third practical.

1. What was said yesterday by Cardinal Koenig and Patriarch Maximos concerning the first sentence of the prologue shows that the idea of the Catholic Church is still very inadequate. It is astonishing that after so many labors in the council on the nature of the Church, the theologians have not yet clarified this idea.

The universal Church, in fact, is composed of all the particular Churches, united by the Holy Spirit, and formed from the earliest centuries around the great sees. The principal and the most effective of these sees was Rome, and that with the consent of all, because of the apostolic succession on the Seat of Peter. But this universal Church must not be confused with that "universality" of the Western and Latin Church, which did not begin to exist as such until later, notably in the epoch of Charlemagne, and which, bit by bit, because of the canonical separation between the East and the West, one day found itself alone, having lost respect for the ancient patriarchal structure of the Church that the first Councils had authorized, and which it had the temptation to stifle.

It is true that at the time of the Crusades, undertaken by the Roman pontiffs, Latin patriarchs were placed on the Eastern seats, in the place of their legitimate pastors, but they were no more than shadows of the papacy.

Moreover, in the following centuries and still today, Latin missionaries, hardly better inspired, have established Latin churches in the East, from which have arisen rivalries unfavorable to the Eastern Churches. It is also true that certain parts of the Eastern Churches have been united with the Roman Church, but they have been incorporated into the Western structure. As for the separated Easterners, they have always kept the earlier concept, realizing that practical pluralism of which Pope Paul VI spoke in his encyclical "Ecclesiam suam."

So, when one speaks of ecclesiastical separation one does not speak the same language and one is not understood: Easterners think of a separation from the Latin Church as from a particular Church; others think of a separation from the universal Church, according to their own concept. Now, the schema on the Eastern Churches is entirely conceived in the latter manner, as if the Eastern Catholics were parts or appendices of the "universal" Latin Church, something which cannot be logically admitted. Whence the schema must be entirely remodeled so that this false perspective may be eliminated from it.

2. Concerning the primacy of the Roman pontiff, its doctrinal formulation, although declared several times in former Western councils, was not dogmatically defined until Vatican I. Until then it could be considered, at least by the Orthodox, as only a canonical doctrine. The council that re-established Photius in his office in 879 was content to draw up a modus vivendi governing the relationships of the two Churches, without a theological import. The Roman pontiff was certainly then the first bishop of the Church, enjoying undeniable powers. He had to preside over ecumenical councils, or at least to watch over their sessions and to subscribe to their decrees. The Easterners appealed to him in serious questions, and this recourse was construed as being more canonical than dogmatic.

Thus if the two Churches were not opposed concerning the doctrine of the primacy, and if the Eastern theology on the procession of the Holy Spirit were not repudiated by the formula of Filioque, as that was affirmed at Florence, one could say that the Churches of the East and of the West, even after the schism, have not been as much separated as it is believed, and that they have maintained their communion in the faith. The conflict was between two particular and local Churches, or between the Eastern patriarchs and the Roman pontiffs who wished to extend their power over the East as in the West. Easterners never had the perception of being separated from the Church, for they had the perception of being themselves the Church with the Latin Church, and with at least as much right. They constitute, in fact, the most important part of the Christianity which had defined the truths in its councils, and which had given to the Church its best theologians, and which had comprised nearly all of the Fathers at the first ecumenical councils.

When, at the First Vatican Council, there was a question of defining the primacy of the Roman pontiff, and thus determining the theological structure of the Church, practically all the Fathers were Latin. Now, that definition is very important for the Easterners, perhaps more important for them than for the Latins, because it affects the ecclesiastical structure of the East much more than that of the West.

3. I shall say briefly something about communicatio in sacris. It is very good to come back to it, because it was the prevailing pastoral practice in many regions. It didn't stop until the beginning of the 18th century, through a clumsy application of the post-Tridentine decrees in the West relating to Protestants. This was the work of some badly-informed missionaries.

As for the subject of the reception of a non-Catholic Christian into the Catholic Church, I fall in line from the very first with the opinion of the schema "On Ecumenism," according to which no type of proselytism should be encouraged. If, however, the situation occurs, the interested person must strictly retain his own rite. In exceptional cases, an appeal can be made to Holy See of Rome. In this matter, I declare that I am in full accord with the schema, with His Eminence Cardinal Cicognani, with His Beatitude Patriarch Maximos IV and all his bishops, with His Excellency Isaac Ghattas, Bishop of the Catholic Copts in Egypt, and with the great majority of the Eastern Churches.

Venerable Fathers, let us be wise, but still be good and tolerant. Let us not judge the quarrels and schisms of past times with the mentality of our ancestors, but with ours. We live, thank God, in an age of openness and of freedom, even religious. We can have at the heart of the same Church and the same council Fathers who have the right to think and to express themselves differently from the others. Such freedom was not always tolerated in past times. The Church was divided in order to defend formulas, and there were neither mixed commissions or coordinating commissions. If it should be necessary to utilize bygone methods, if we had at the head of the council a Cardinal Humbert, capable of signing a bull of excommunication in a moment of ill-humor, in the name of a pope dead for three months, how many of us, authentic Catholics, would have left the council with a bull of excommunication or of anathema, only to discover, one or two thousand years later, that the formulas were not contradictory, that the primacy was not at all opposed to collegiality, that the so-called monophysitism and the Orthodox doctrine on the procession of the Holy Spirit could be orthodox?

On October 19, 1964, it was Archbishop Joseph Tawil who explained to the assembly his criticisms of the schema.

This holy council has definitely placed the Church in the ecumenical sphere, made it a duty to think of its faith, from now on, no longer only at the frontiers of Catholicity, but also in the dimensions of Christianity, if not of the universe. And for fear of neutralizing all the work of the council, we must definitely change our ways of seeing and acting, as Pope Paul VI reaffirmed at the time of his pilgrimage to Jerusalem. Now, the schema "On the Eastern Churches," which is surely an improvement over that which was presented at the first session, must undergo a number of changes to be in accord with the conciliar decree "On Ecumenism," which has truly opened for the Church a new era, thus deserving all sorts of praise. Here are some observations on the schema:

1. What stands out in this schema is that it speaks of the Eastern Churches as particular Churches, without ever having given this honor even once to the Latin Church, which is equally a particular Church. As a consequence, it has presented the patriarchates as being an exclusively Eastern institution, forgetting that the West, which for a thousand years lived together with the East in this institution, still continues to live in it in our days. What is it that, in fact, distinguishes the Churches among themselves and divides them into Eastern and Western, if not the patriarchate that is at the head, and that defines a Church-source, a Church mother of other Churches? The primacy of the Roman pontiff does not suppress in any manner his capacity as patriarch of the West.

2. What also stands out in the present schema is speaking of the Eastern patriarchs and ignoring the names of their sees, which are Constantinople, Alexandria, Antioch, and Jerusalem, coming in that order of precedence after Rome, which is the first among them. As for the super-added Latin patriarchate of Jerusalem, which came later following wars of conquest and the unjust dispossession of legitimate incumbents, then was ended by these same wars and re-established only a century ago, it is a constant reminder of bitter memories for the East, both Catholic and Orthodox. Thanks to this patriarchate, the latinization of the East has proceeded to the state of an institution. May our brothers, the venerable Western Fathers, pardon us: we love the Latin Church, our sister, and we venerate her the more because we owe much to her. But for the good of the universal Church, this holy council must put a final end to this sad episode of history, which has lasted too long. The latinization of the Christian East, in any manner whatsoever, must no longer be tolerated.

3. Paragraph 4, page 5, treating of non-Catholics returning to unity, asks deservedly for the maintenance of their rite. This problem very much preoccupies the above-mentioned latinizers, who would wish, under the cover of respect for personal freedom, to have them join the Latin rite. In my opinion this problem should not be posed, for it is a false problem: it is the same for individuals as for portions of Eastern Churches that have returned at other times to communion with the Roman See, and which did not have to renounce their rite nor their discipline, since they did not come from nothing, but they were born into a Church endowed with sacraments and were already of a distinct rite. To make them join the Latin Church is an offense to the Church to which they belong. For them it is a matter of reconciliation, and not of renunciation.

Conclusion: At this hour of ecumenism and of the collegiality preserved by the East, rediscovered and taken up again by the West, because it is for the good of the universal Church, the Eastern Churches must be able henceforth to lead their own lives, autonomous, governed as they should be by their respective synods, in conformity with the just norms of their tradition. A postconciliar commission composed of Easterners and of specialists who are friends of the East would be entrusted with the work of the aggiornamento of these Churches in the double fidelity to the successor of Peter and to sound traditions, rid of the attachments that are foreign to them. Even the Orthodox, I am sure of it, will be grateful for this work.

The Melkite Greeks had been the principal architects of the schema "On the Eastern Catholic Churches." Those who had spoken so far seemed to recommend the pure and simple rejection of the schema. The moment was grave. Certainly, the schema was far from being perfect. But those who wished to reject it had very diverse motives: "ecumenists" who found it too "uniate," "latinizers" who found it too "Byzantine," "Latins" who found it too "Eastern." By allowing the schema to fail, one would certainly reject its imperfections, but one would lose its real advantages.

The patriarch, in these difficult circumstances, decided to save the schema. There will always be time, he thought, to improve it. But such as it is, it saves the Eastern Catholic Churches from the humiliating status of inferiority in which they found themselves until now. And also, the schema contained one or two general principles that opened the way for "internal canonical autonomy" of the Eastern Churches: the foremost condition for all ecumenical dialogue.

Thus on October 19, 1964, Archbishop Neophytos Edelby, Patriarchal Counselor, openly declared: "The schema is not perfect, but it contains enough good elements so that it should not be rejected." The Melkite hierarchy, aware of the maneuvers that were being plotted behind the scenes, adopted a realistic solution. Here is the intervention by Archbishop Edelby:

The discussion, in this conciliar assembly, of the schema "On the Eastern Churches" is for us of the East a cause of consolation, at the same time that it is for us the occasion of a certain uneasiness.

We certainly rejoice in the Lord when we hear from our Western brothers so many fine words, so many praises with respect to our institutions and to all the spiritual patrimony, of which we have become, without any merit on our part, heirs and guardians. We also rejoice in the Lord when, over and above these words and praises, we feel fraternal affection in our regard. The conciliar Fathers on the whole not only do not wish to impose on their Eastern brethren the weight of the Latin majority, but they seek, on the contrary, by all means to confirm by their votes what is pleasing to the Easterners themselves. But, after having heard the interventions of the Eastern Fathers, a question is born in your hearts, venerable Fathers, and almost rises to your lips: "Exactly what do the Easterners want? In short, does this schema please them, or not?"

The Eastern Fathers who have spoken up to now have given evidence of noteworthy differences. This diversity of opinion is for us, as I have said, a cause of uneasiness. We are ashamed of not having arrived, on all points, at securing unanimity among ourselves. But, if it is permitted to give some explanation of this diversity of attitudes, I would take the liberty of remarking first, venerable Fathers, that such diversity is very natural and should not be astonishing. Aren't there just as many differences among the Western Fathers? Besides, the differing attitudes of the Easterners most frequently depend on different perspectives of the apostolate, of local needs, and of various circumstances.

Since in human affairs, which always include advantages and drawbacks, it is difficult to secure unanimity, the good of ecclesiastical society requires conforming to the opinion of the majority. Our schema, with the amendments already approved by the commission, has already obtained the consent of the very great majority of the Eastern Churches. One can say that, apart from one or another point, the schema has received the nearly unanimous approval of the commission, as His Eminence Cardinal Cicogani, president of our commission, has so well said.

Certainly, the schema is not particularly good. It is far from being perfect. But, in the present circumstances, it was difficult to obtain a better schema.

This schema is good, simply good. It can be improved. Already many amendments have been examined by our commission and approved by it to be inserted in the text. Unfortunately time is lacking for reprinting the text as thus amended. But it is certain that through these new amendments, which are found on an attached leaflet, there has already been a response in advance to a certain number of criticisms that the Fathers have needlessly made in the assembly. Other amendments can still be proposed, and should, in my opinion, be approved so that the parts of the schema that are truly too weak, such as the preamble and the chapter devoted to patriarchs, may become acceptable. On the other hand, our schema takes into consideration the very fine doctrinal schema "On Ecumenism." If the inspiration of the one or of the other schema sometimes seems different, as has been very well remarked by Their Eminences Cardinals Koenig and Lercaro, with whom I am in full agreement, unity of inspiration can be obtained either by re-examining certain expressions in our schema, or by admitting a fruitful collaboration with the Secretariat for Christian Unity. But if the schema is purely and simply rejected, there is a great danger that the disciplinary reforms that we have obtained with great trouble, nearly in extremis, may be tabled indefinitely.

In spite of certain flaws, which can be corrected, this schema constitutes a definite progress, not very great but undeniable, for Eastern Catholics. Do not permit, Venerable Fathers, our being denied this small progress!

And now, allow me to say something about the canonical bearing of this burning question, which is the rite to which non-Catholics being reconciled with the Catholic Church must belong.

It is of little importance, Venerable Fathers, that one Easterner or several become Latin. It is not a matter of the miserable desire to retain or increase the number of one's own faithful. This question cannot be settled without taking into account the ecumenical movement that impels us nowadays, not to increase the number of the faithful of our own Church, but to establish a dialogue between the Churches themselves so that with the grace of God we may arrive at the union of the Churches themselves in a single Church of Christ. Even more, we wish to take advantage of this occasion to solemnly reaffirm our sincere desire to condemn all proselytism that tends to nothing other than nibbling away, by all means, at the number of the faithful of other Churches.

But, while awaiting the joyful union of all Churches, we cannot avoid stating a certain and universal fact, that many persons or certain groups of our Orthodox brothers, moved by the demands of their consciences, already wish to restore their union with the Roman Catholic Church. In these cases, about which we cannot talk abstractly, it is necessary to anticipate having certain disciplinary rules to determine to which rite they must belong.

Thus the fixing of these rules must not alienate us from the heart of our very dear Orthodox brothers, as if we might wish to push them surreptitiously to desert their Church. We wish only that those who, moved by the Holy Spirit, already desire to restore union with the Catholic Church, find clear and precise rules, in the same way that the Orthodox Church itself acts in regard to Catholics who desire to become Orthodox.

Finally, the fixing of these rules, which prescribe in general that the Easterners remain Eastern, and not become Latin, nor transfer to another rite than their own without an indult of the Roman See, must in the same way not alienate us from the heart of our very dear Latin brothers, whom we honor and esteem. What we are doing is only settling rules, as they themselves have done when it affected them. In the same manner that a Western non-Catholic, for example an Italian, who returns to the Catholic Church, must remain in the Western Church, that is to say, in the Latin Church, likewise an Eastern non-Catholic who desires to join the Catholic Church must remain Eastern, and even in his own rite. This is not contrary to religious freedom, or contrary to the good of souls. This is rather for the good of souls, for incorporation in a certain rite normally places each one in the situation that is the providential one for his mission.

If nevertheless special conditions of a soul require that he transfer to another rite, this will be very willingly granted by the Holy See. But it is necessary to reject that stratagem of those who place the transfer to another rite as a "necessary condition" of their joining Catholicism. Everyone knows that it is the strategy of those who wish to leave the door open to latinization of the East. The latinization of the East has already lasted for more than one hundred years. It is time to finally close this door. Otherwise, it is better to stop speaking about the union of Churches and of respect for the Eastern Churches. Easterners must remain Eastern. That is not to satisfy the self-respect of the Easterners, but for the good of the universal Church.

Doubts remained. Rumors were circulating, such as that Patriarch Maximos was against the schema. On the next day, Archbishop George Hakim of Galilee, although the discussion was closed, obtained the right to speak in the name of 70 Fathers, and took advantage of it to declare solemnly to the assembly that Patriarch Maximos and the Melkite Greek hierarchy were in favor of the schema taken as a whole. The assembly was hesitant and even had begun to lean to the contrary opinion. It was sufficient for it to be assured of the opinion of Patriarch Maximos to restore its confidence. It voted for the schema.

I speak in the name of more than 70 Fathers, Latin and Eastern.

The schema of the "Decree on Eastern Churches" is pleasing, and for that we express our gratitude to His Eminence Cardinal Cicognani and the relevant commission. Joining with the official declarations of His Eminence Cardinal Cicognani and of His Beatitude our Patriarch Maximos IV, with those of his counselor, Bishop Edelby and to those of so many other venerable Fathers, I say "placet." I humbly propose to vote in its favor, while introducing all the desirable amendments which will be taken into consideration. To accept the schema will be to perform a positive, wise, and constructive act, for that would permit obtaining all that is good in the schema. To reject it, on the contrary, destroys at the same time both the good and the bad elements. Certainly, we know that the text is not perfect. But what schema is perfect? Are we ourselves perfect? An Arabic proverb says: "Blessed is the perfect! God alone is perfect" (Soubhan el-Kamel! Al-Kamal lillah wahdahou).

Having said that, may I be permitted to add two simple remarks, which, I hope, will be taken into consideration by the commission:

1. In paragraph 3, lines 25 to 28, clarify the idea by adding a sentence through which it would be clearly recognized that, in declaring that all the Eastern and Western Churches are obliged to take care of "preaching the Gospel to the whole world," the holy council declares that all special directives laid down by any dicastery, even a supreme one, or any apostolic delegate, to restrain the apostolic activities of one or another Eastern Church for the benefit of the Latin Church, whether in the Near East, or in black Africa, or in the Indies, or elsewhere, are annulled. Let it be made clear, once and for all, that the holy council decides to put an end to all discrimination in the Church, for the benefit of one rite over another. If, in certain cases, the head of a diocese is responsible for irregularities or imprudence, let him be corrected, admonished, or even reduced in rank, but the respect owed to his Church should not be touched, in the equality owed to all rites.

2. Drawing my inspiration from what is said in number 27 about the intercommunion between Catholics and Orthodox, which we applaud with our whole hearts, I propose that the council give a fortiori the greatest freedom for concelebration among priests of different Catholic rites themselves. May the ad hoc commission find a formula authorizing the ordinary of the place or his vicar, in centers of pilgrimages, in national or international meetings, to permit priests of another rite to concelebrate with his priests, if they are capable of doing so. Communicating with one another, the priests, belonging to different Catholic Churches, will feel themselves to a greater extent brothers in the same Christ.

In fact, in everything that we ask, as in all that is decided by the Decree "On Eastern Churches," there is only one goal in view: That all may be one!

Ecumenism The Requirements for Union

On May 10, 1961, while on a visit to Beirut, the patriarch went to see the apostolic nuncio, Archbishop Egano Righi Lambertini. Among other things, the nuncio asked him what the Orthodox thought of the council. The patriarch answered his question. The nuncio then asked him to transmit his views in writing to the Central Commission. The patriarch did so in a long letter addressed to Archbishop Felici, dated May 19, 1961.

1. It can be affirmed with certainty that the Orthodox people of our regions of the Near East, with few exceptions, have been filled with enthusiasm at the thought of the union that was to be realized by this council. The people as a whole see no other reason for this council than the realization of this union. It must be said that in view of their delicate position in the midst of a Muslim majority, the Christian people of the Arab Near East, perhaps more than those anywhere else, aspire to Christian unity. For them this unity is not only the fulfillment of Our Lord's desire, but also a question of life or death. During a meeting of rank and file people held last year in Alexandria, which included many Orthodox Christians, who were as enthusiastic as the Catholics in proclaiming the idea of union, we were able to speak these words, "If the union of Christians depended only on the people, it would have been accomplished long ago."

When His Holiness the Pope announced the convocation of this council, our people, whether Orthodox or Catholic, immediately thought spontaneously and irresistibly that the bells were about to ring for the hour of union. The general populace are even surprised that it is taking so long, as they do not understand what interest the ecclesiastical leaders can have in deferring the union that is so eagerly desired. The day that the people realized that the proposed council was not a "council of union," their disappointment was great. Nonetheless, in spite of all the news that they receive setting aside the idea of an immediate union, the people continue to hope that Christian leaders, at this council or later on, will be able to effect official union to which the people will be faithful. Few are the Orthodox Christians who do not fervently wish for union or who see insurmountable obstacles to its realization. The most urgent reform that they hope to see realized by the council is the unification of the date of Easter. In the presence of Muslims, our Christians feel deeply humiliated every time that their paschal computations do not coincide. Our patriarchal synod of August 1959 addressed a more detailed memorandum to the Ante-preparatory Commission on this subject. It is our earnest hope that this point will be studied and resolved as soon as possible. It would be a great step toward union.

2. As for the Orthodox clergy, generally speaking they show much less enthusiasm than do the people. In public they declare that they are not opposed to it in principle, but in their view it seems very difficult to accomplish. They raise the question of divorce. They usually accuse the Roman Church of being an obstacle to union, either because of its doctrinal innovations or because of what they call its human ambitions and its love of domination. The grievances that they have against the Roman Church are almost always the same. However, even in the ranks of the Orthodox clergy one can note a beginning of rapprochement, a little more understanding, as well as a more or less eager desire to be united, which is supported by the growth of the ecumenical movement and by the feelings of the people. In general, it can be said that compared with the clergy of other Orthodox Churches, the Orthodox clergy of our Arab Near East, who are less scholarly, offer a less systematic opposition, but they cannot dissociate themselves from the Russians, the Greeks, and the other Orthodox Christians. The reason for this must be sought above all in the fact that all Christians in our Arab lands are in the minority, and also perhaps in the role of neutrality or of mediation that Melkite patriarchs have traditionally played in the disputes between Byzantium and Rome.

3. What everyone is seeking from the forthcoming council is that it reveal the true face of the Catholic Church, and not only the face of the Latin Church, with which some still want to identify it in practice. Even though the Church is catholic legally and in fact, there can be no doubt that we must all make serious efforts so that this catholicity may be ever more completely realized in our attitudes and in our actions.

Specifically, the support that the latinization of the East still has in certain ecclesiastical circles is a denial of the generous declarations and promises of the popes, who have always affirmed that the restoration of catholic unity did not in any sense signify either in theory or in practice that Eastern Christians should adopt Latinism. Now, to give only one example, the restoration and preservation of the Latin Patriarchate of Jerusalem constitute a practical negation of the very idea of unity, which is not and must not be the absorption of the East by the West, but the union of the East and the West in mutual respect for their diversity.

The Catholic Church must be able to prove that there is room within it for every diversity that does not affect faith, charity, and ecclesiastical communion. It must be able to give concrete proof not only that it accepts Catholics who are not Latin, but also that it condemns those who cannot conceive of a Catholicism that is not Latin. Now, as long as the latinization of the East continues, in its hierarchy and in its discipline, the Orthodox will never believe in the sincerity of declarations of the popes calling for unity. They will always believe that this unity must culminate sooner or later in the absorption of their Churches by the Latin Church.

4. Until now the repeated and stirring calls to union that the popes addressed to our separated brethren simply hardened them more, for these calls always implied more or less the following idea: return to the sheepfold that you have abandoned, acknowledge your faults and your errors, submit, ask forgiveness, and we are ready to welcome you warmly, to hold our arms out to you, to embrace you, etc. Our Orthodox brethren are all the more astonished at this language inasmuch as they are sincerely convinced of having innovated nothing, of having remained faithful to the tradition of the days before the ruptures, and inasmuch as they believe that it is rather the Catholic Church that has strayed from apostolic tradition.

With His Holiness Pope John XXIII, we entered upon a new course. Was it not he who declared on January 29, 1959, four days after the announcement of the council, speaking to the pastors of Rome: "We shall not institute a historical inquiry; we shall not seek to find out who was right and who was wrong. The responsibility is shared by all parties. We shall simply say: ‘Let us come together, let us put an end to dissension.'"

These words of His Holiness will be a landmark in the Church. They open up the true path that leads to union. We think that with an attitude such as this on the part of Catholics, reconciliation with the Orthodox Churches becomes possible.

5. All Catholic ecumenists agree in asking the Western Church to be more open. It is in no sense a question of dogmatic compromises. What is needed is a greater openness of mind, to understand and admit that there can be within the bosom of the catholica something more than is commonly seen, some other representation and some other codification of the same dogma, some other organization of the hierarchy, some other discipline, some other spirituality, other forms of monasticism and of the apostolate, etc.

On all these points, the Latin Church should not insist so much on reducing to its own uniformity the variety of charisms, experiences, needs, and activities that exist in other Churches. In particular, the Eastern Catholics who have not been latinized do not understand why there is still so much insistence on latinizing their discipline, constantly constricting it more. It would have been much more "catholic" to respect their institutions and to let them develop harmoniously, not in the direction of increasingly excessive centralization, but in the direction of a sincere and respectful collaboration between the local hierarchy and the organizations of the Holy See of Rome.

The Orthodox see in Latin Catholicism of the present day what the free peoples see in the regimes behind the Iron Curtain: a great deal of order and organization, but also enslavement of consciences and a human desire for domination.

In answer to a Catholic priest who was speaking to him about union, the late Jacobite Patriarch of Antioch replied, "You wish me to unite with Rome, so that tomorrow, if I wish to remove a priest, he can go and complain to Rome, which will be too happy to demolish me before him!"

6. Christians have had different mentalities in the past, and they still do. In spite of these divergences—we would even say with these divergences—Christ calls them all to unity. One portion of the Church must not prevent the fulfillment of the divine Master's wish by seeking to impose its own mentality and discipline on others at all costs.

Thus it is our sincere belief that the present successor of Peter, who is so evangelical, so modest, and so simple, and the increasingly significant actions that he is taking, are a call to a greater openness of heart and mind, so that all Christians may feel equally loved and thereby rediscover more easily the path to reunion. As far as union is concerned, we believe that the present pope is the greatest gift God has given to His Church.

The Importance of the Secretariat for Christian Unity

In 1962 the Secretariat for Christian Unity had prepared a schema of very modest aspect on "the necessity of prayer for Christian unity, especially in our time." In a memorandum addressed to the Central Commission, dated from Damascus on June 5, 1962, the patriarch expressed his great admiration for the spirit that prevailed in the secretariat. Going beyond the subject, he suggested:

a. that all schemas of the council be submitted to the secretariat in order to be revised from the ecumenical point of view;

b. that the secretariat be maintained after the council and be transformed into a permanent organ of the Roman Curia.)

We simply wish to bring to this schema of the Secretariat for Christian Unity the tribute of our admiration. Its spirit and its tone are worthy of the nascent Catholic ecumenism. It contains no term that could offend any of our separated brethren. The perspective of Christian divisions that it presents is as historically objective as it is pastorally psychological. The tone of this schema, far different from the tone to which official circles have accustomed us until now, should serve as a model whenever the council wishes to speak about Christian unity.

We take this opportunity to make two suggestions: the first is that all schemas of the council be submitted to the Secretariat for Christian Unity, so that it may review their wording and that the council, whose goal is to bring Christians together, may avoid inadvertently widening the gap between them. There is an ecumenical and profoundly catholic way of speaking on all matters when we wish to enter into dialogue with our separated brothers. This manner of speaking, and also perceiving things in depth, has not been adequately mastered by all Catholic theologians, even the most learned. Since this Secretariat for Christian Unity has been instituted by His Holiness, it is good, we believe, for it to establish the tone for the preparatory labors of the council. In particular, we think that the Theological Commission should, more than any other, avail itself of the services that this secretariat is ready to furnish very advantageously.

My second suggestion is an urgent request to His Holiness that the secretariat not disappear after the conclusion of the council, but that it be transformed into a permanent dicastery of the Roman Curia. It would be, as it were, the permanent ecumenical conscience of the Roman See and of the entire Catholic Church.

Union and the Christians of the East

The Eastern Commission, considering the principal mission of the Eastern Catholics to be the fostering of reconciliation between Eastern Orthodoxy and the Holy See of Rome, had prepared a schema entitled: "On the unity of the Church: that all may be one." In a memorandum to the Central Commission, dated from Damascus on June 5, 1962, the patriarch made a few remarks on this schema.

First of all, we wish to praise this schema "De Ecclesiae unitate," which unquestionably constitutes progress over the earlier documents of the Holy See, especially in its mode of expression. So that it may more closely approach perfection, we take the liberty of making the following remarks:

1. In this schema there is still too frequent reference to the "return" of the sheep to the fold of Peter, to "dissident" brothers, etc. The entire text should be carefully reviewed so as to eliminate any offensive allusions. In this way the text will avoid producing on the Orthodox an effect contrary to the one intended. The schema speaks of the psychological means of preparing the way to unity. This is the first means. If one speaks of stray sheep in a sermon or in a small committee, it might be overlooked. But to speak about that in an official conciliar document whose purpose is precisely to bring hearts together, is at the very least proof of a lack of psychology.

2. In speaking about the rights, privileges, dignities, honors, etc., to be safeguarded for the Eastern Church, the text uses general terms, and repeats certain declarations of Pope Leo XIII. However, experience has taught us that this kind of declaration accomplishes nothing. It serves rather to show that administrative practice is contrary to the theoretical affirmations of popes. Instead, the text of the conciliar decree should affirm the rights that patriarchs of the Eastern Churches have been demanding for several years: the rank of the patriarchs in the hierarchy of the Church, their freedom in internal government, a reduction in appeals to the Roman Curia, the preservation of the rite of those who wish to accede to union, etc. That does not seem very clear in the schema that is being proposed to us.

3. We prefer that this schema be prepared, or at least reviewed, by the Secretariat for Christian Unity. That secretariat has specific competence to study these questions, and has available personnel qualified to deal with these kinds of subjects.

4. The word "dissidents" should be avoided everywhere, and all the more the words "heretics" or "schismatics." Instead the terms "separated brethren" or simply "the Orthodox" should be used. Charity requires of us to call everyone by the name that he wishes. This does not mean that we therefore share his inward conviction and the personal meaning he attaches to his name.

5. In No. 7, it is said of the separated brethren that they are deprived "of many means of salvation that are found in the true Church, especially the institutions and directions of the magisterium, without which Christian faith and morals are not perfectly preserved." The wording is exaggerated and even somewhat false. The magisterium of the Church is not only that of the Pope of Rome, and it must not be thought that they are so completely deprived of the means of eternal salvation that their faith and morals are somewhat corrupted. This whole sentence needs to be revised so as to be more conciliatory.

6. No. 24 affirms once more that Eastern Christians who return to Catholic unity will never be forced to become Latin Christians. This is true in theory. In practice, however, everything has been done and continues to be done in certain regions, such as in Palestine and the entire Near East, so that Eastern Christians may in fact become Latin Christians. And this has been going on with the knowledge of the supreme authority, which does not seem to have reacted until now except by renewing theoretical declarations on the preservation of the Eastern rites. The entire process of "latinization" needs to be taken up here.

The council should take concrete and energetic action to condemn forever the "latinization" of the East.

7. No. 45 expresses the wish that the beatification and canonization processes of the "martyrs of the union" be introduced. While we recognize the legitimacy of this desire, we think it is useful to make it known that our patriarchate, in its concern for peaceful relations, avoids pushing the causes of these "martyrs of union" if the Orthodox have played a less than flattering role in them. Let us not forget that Orthodoxy likewise has its martyrs of Catholicism.

8. In agreement with No. 46 of the schema, we urgently ask that the Secretariat for Christian Unity be transformed after the council into a permanent dicastery of the Roman Curia. Eastern Catholic Ecumenists should not be systematically excluded from this dicastery, for while their efforts are discredited at the present time, they will be increasingly efficacious in bringing hearts together.

9. We also desire, with No. 47, the internationalization of the Roman Curia, so as to give the central administration a genuinely catholic, i. e., universal, international point of view. Too often our separated brethren see in the Roman Curia a national occupation of a specific people, like a family patrimony, in which a given nation has all the interests and presses for centralization less out of concern for the Church than for its own interests. This perspective must be refuted.

10. Finally, Nos. 48 through 52 deal with the conditions for the worldwide union of Orthodox Christians of the East with the Holy Catholic Church. In envisioning this hypothesis the schema invites them to occupy the place that belongs to them in the Catholic Church. We do not know when and how a worldwide reunion of this kind will be possible. And yet we know for certain that there are already in the Catholic Church Eastern rite communities with hierarchies. These communities must be given the place that is reserved and promised to the entire East. Orthodoxy watches carefully the behavior of the Holy See of Rome toward these Eastern groups that are in union. Orthodoxy concludes from the way that these Eastern groups are treated in the Catholic Church as to the treatment it will receive if reunion is realized. That is why, when we entreat for the preservation of the rights, privileges, and dignity of the Catholic East, and the rank of its hierarchical leaders within the whole Catholic hierarchy, we are not demanding personal advantages for ourselves. We are pursuing the inherent interests of Christian unity. If this is understood some day, many difficulties will disappear. In No. 50, the schema affirms once more that the Catholic Church intends to respect the discipline peculiar to Eastern Christians, but repeats the unfortunate proviso "omitting only those things which, if they perchance are present, are contrary to correct faith and sound morals." This proviso is offensive. There is absolutely nothing in authentic Eastern discipline contrary to faith and sound morals.

No. 51 promises the Orthodox clerics who return to Catholic unity their continuance in the sacred orders already received, "unless it should be otherwise provided by the Apostolic See in a particular case, for truly serious reasons." This reservation is justified. On the other hand, the current practice of reserving to the Holy Office the admission of every Orthodox cleric indiscriminately seems to us subject to amendment. We think that it is better to leave that to the prudent judgment of the local ordinaries, without denying the right of the Holy See of Rome to intervene, as the schema says, "for truly serious reasons."

The schema "De Ecclesiae unitate" came before the Council on November 27, 1962, during the 28th General Session. That day five Melkite Greek Fathers spoke. It was the patriarch who set the tone. His intervention, read in French, was translated into Latin and read by Archbishop George Hakim. The patriarch reserved the right to make some general remarks on the schema, leaving it to the other prelates of his community to take turns developing detailed comments.

This schema "De Ecclesiae unitate," which directly concerns Eastern Orthodoxy, concerns us collaterally.

In order to remain within the time allotted to each one, I shall limit myself to some general remarks, leaving it to my brother Melkite Greek prelates the task of making more detailed critiques.

This schema, providing that there is a radical reworking of certain paragraphs of Part One and amendments to others, could constitute a basis for a worthwhile discussion.

First remark: This concerns the spirit of the wording, especially Nos. 5 to 12. The definite theological truths are often presented in such a way that they can only antagonize those who are not in our communion. The friendly tone beginning with No. 12 changes nothing of the unfavorable impression already caused. In fact, the contrast it presents with the peremptory and exclusive assertions of Roman authority, without mentioning the painful events of the past, leaves an impression of certain unpleasant biases in the sharing of historical responsibilities.

It must not be forgotten, in fact, that here we are addressing the Eastern Church, a Church that is fully apostolic in its intrinsic elements and clearly distinct from the Latin one. It is a first-born Church of Christ and of the Apostles. Its historical development and organization are the exclusive work of the Fathers, our Greek and Eastern Fathers. It owes what it is to the college of the Apostles, still living in the episcopate in collegiality, with Peter at its center, with its distinctive responsibilities and rights.

Historically, this Church owes to Rome neither its origin, its rites, its organization, nor anything of what constitutes it concretely. In short, no one has begotten it in the faith, except the Apostles; no one, except the Fathers, has established it in its entire patrimony of prayer, organization, and activity. Can it be said that Saints Basil, Gregory, Cyril, Chrysostom, and others are second-class Catholics because they were not Roman in all that they received and in all that they bequeathed?

If we wish to speak effectively to the Orthodox East, we must speak to it first of all about the Catholic doctrine relating to the collegiality of the pastorate of the Church. After that, we shall speak to it about the papacy, which will then appear as the central foundation of this collegiality. This is an absolutely important point. It would be fatal to forget it.

Second remark: The lack of collaboration among the Preparatory Commissions for the council has resulted in bringing us three distinct schemas on the same subject matter: the schema that we are now discussing, prepared by the Commission on the Eastern Churches, the schema "De Oecumenismo," prepared by the Secretariat for Christian Unity, and a chapter with the same title, prepared by the Theological Commission. An Arabic proverb says, "When many hands take part in the cooking, the food is burned." Obviously, these three texts sometimes deal with different aspects of the same question, but it is evident that they are dealing with the same subject matter. It is therefore desirable that a single text be presented to us under the title "On the Union of Christians" or some other title, and that it be worked out by a mixed sub-commission composed of members of the three above-mentioned groups. In that way, the subject matter will be more coherent and the council will save time.

Third remark: The schema that is proposed to us today bears the general title "De Ecclesiae unitate." Yet actually, after a few general considerations, the text speaks only of the means of fostering union with our Orthodox brethren of the East. From this perspective our schema could constitute a special chapter in the general schema "On Ecumenism" that we intend to prepare. It is our view that in this single schema on ecumenism we must set aside a special place for our Orthodox brethren of the East. In fact, while the general principles of ecumenism are identical for everyone, the practical means of opening the dialogue with our Orthodox brethren cannot be the same as those for our Protestant brethren. We are closer to our Orthodox brethren in the faith; we even accept the same methods of transmission of divine revelation. With the exception of papal primacy, we have the same hierarchical organization, the same sacraments, the same liturgy and so many other riches in common, to the point that what unites us is infinitely greater and deeper than what separates us. As for our Protestant brethren, we must seek union with them from other perspectives.

Venerable Fathers, the union of the Churches is for all of us a serious and vital problem. For us in particular, the Eastern Catholics of the Byzantine rite, the schism of the Churches is a constantly bleeding wound that we feel in the very depths of our souls. The union of Churches is our greatest concern, our first task, and the most ardent wish of our hearts. It is the goal toward which we are striving with all our strength and for which we desire to be the redemptive sacrifice when it is accomplished. Working for the union of Churches is as it were our reason for being and the fundamental mission that Providence has entrusted to us individually and collectively. The Orthodox and we, their Byzantine Catholic brothers, constitute, in peoples of diverse nationalities, one single family in its religious mentality, its liturgy, its spiritual history, and in many of its attitudes. We need to be united with them as much as they need to be united with us. The time has come when all Christians must forget the quarrels of the past, in which human interests, on both sides, have often played a more decisive role than dogmatic differences. The time has come to accomplish Christ's wish "That all may be one."

The same day, November 27, 1962, it was the turn of Kyr Philip Nabaa, Metropolitan of Beirut and undersecretary of the council. He proposed the omission of the introduction to the schema, which was of a rather doctrinal nature. He extolled the importance of charity in ecumenical contacts, criticized the concept of a "return" applied exclusively to our Orthodox brethren, and stressed the need of safeguarding the distinctive discipline of the East.

The schema on the decree on the Unity of the Church "Ut unum sit" in the form presented for the discussion of the Fathers, pleases me in a fashion. In fact, it contains a great deal of material and deals with many dogmatic, liturgical, and pastoral questions. However, its arguments are not always thoroughly developed, and there is still room for shortening and necessary amendments. Since this is a subject of major importance that concerns the entire Second Vatican Council and whose solution is awaited by all Christians, it is necessary that this decree, which declares the wishes of the council on union, be presented to the Christian world in a more effective way. In order to help the council in its labors, we have thought that it would be useful to present the following observations:

First observation: The dogmatic portion of the decree should be curtailed and inserted in the Dogmatic Constitution of the Church... Thus the decree "Ut unum sit" will be seen to be the solemn declaration of the Second Vatican Council on union and the firm foundation for general and fruitful collaboration for the realization of this great divine work.

However, this decree on unity does not speak of all the separated Churches, but only of the union of the Eastern Orthodox Churches with the Catholic Church. This method is useful because the Eastern Orthodox Church has much in common with the Catholic Church, in the profession of faith, in the doctrine of the sacraments, in the apostolic succession, etc. Its union with the Catholic Church therefore requires its own specific research and conditions.

Second observation: In order to foster union, the decree proposes various means and divides them into supernatural, theological, liturgical, canonical or disciplinary, psychological, and practical means. These suggestions are well-taken. They can even be considered as a prelude and as a firm stance from which to open dialogue between the Catholic Church and the Orthodox Church.

However, when the schema speaks of practical means, it cites a few ordinary and certainly good means, for example, the ecumenical movement, Eastern studies, the special day for awareness of the East (instituted by Pope Pius XI), etc. But it is silent on the most effective means, that is to say, the means that prepare a surer and more suitable way toward a genuine and perfect union. Concerning these more powerful means the schema merely says in paragraph 38, "This Holy and Ecumenical Synod strongly recommends that everyone use the most efficacious means so that the desire for union may produce the desired fruit."

Thus may I, a humble Eastern Catholic bishop, who has been and still is continually in contact with many Orthodox brethren, be permitted to give a few explanations of the practical and effective method of assisting and restoring union. There can be no doubt that this method must be based on truth and charity, or rather on charity for the truth—"in caritate ad veritatem." For there are some very serious difficulties along the paths that lead to union. Only charity will manifest the truth and sing out the victory hymn of union. In many regions of the East, an immediate union is even impossible. It is therefore fitting first to prepare hearts for union, to breathe a new spirit into our relations with our Orthodox brethren, and to expand the scope of charity.

According to this more suitable way, charity counsels and ordains many things for union in the social and religious life. Here are some examples: collaboration with non-Catholics when there is a question of carrying out charitable works, of defending the dignity of the human person, of promoting justice, and of sustaining morality.

Here is another example: the celebration on the same day of the great Christian feasts, and most especially Christmas and Easter. This common celebration is a great sign of charity and union.

In addition, there are certain laws on the communicatio in sacris that are contrary to union or make it very difficult. In my humble opinion, and providing the danger of perversion of the faith is avoided, we must mitigate and even abolish these laws.

With respect to mixed marriages, I dare to propose, for the Eastern Church, the abrogation of the law that forbids these 16 marriages under pain of invalidity, and to return to the law that was in force before the promulgation of the new Eastern Code. As a matter of fact, the law that imposes the Catholic form on mixed marriages, under pain of nullity, is very onerous, morally impossible, and prevents all hope of union. Third observation: In the schema, as in the entire literature pertaining to union, the path to union is called the "return" of the separated brethren to the house that they have forsaken. However, the idea of this return is very debatable. For in this "return" to us, we must consider the state of soul of our separated brethren, the human frailty that has led to the division, and especially historical truth. It will then appear opportune, in order to foster reconciliation, to assume the part we bear in the culpability and divisions of the eleventh and sixteenth centuries. The abuses within the Church at that time have certainly provided the Orthodox and the Protestants with an occasion for separation, without thereby justifying them. If we set aside, then, the question of faith and of morals, it is the Catholics themselves who need to "return" to their Orthodox brethren and to speak to them with a sounder judgment and a kinder feeling. This Catholic return will overcome many difficulties, and a broader fraternal reaction, more favorable to union, will be created. And the merits of our brethren will be recognized.

Fourth observation: In Nos. 25, 26, and 27 of the schema, the solemn declaration of Pope Paul V is evoked and taken up again by other pontiffs, affirming that all the sacred rites and ceremonies of the Eastern Church will be completely safeguarded. What is said of the sacred rites also applies to legitimate discipline, to the rights and privileges of the Eastern Christians, as Pope Leo XIII declared in his motu proprio "Auspicia rerum."

These authentic papal declarations are serious and solemn decisions. They are even, one might say, a commitment on the part of the Roman See to the Eastern Apostolic Church. These decisions must therefore be applied in order to give certain proof of the truth, of the promise, and of the commitment.

They must be applied in order to realize union with dignity. They must be applied in concrete acts: in the recognition of the rights and privileges of the patriarchs, in the restoration of the ancient and venerable discipline of the Eastern Church, in the declaration and strengthening of the true power of bishops and synods. Finally, they must be applied in this great council so that all our Orthodox brethren, seeing truth in action, come back or return to their home and take their places, of which they are most worthy. And that is how all Christian brothers will be "one" in the one and only Church of Christ.

That same day, November 27, 1962, Archbishop Elias Zoghby, Patriarchal Vicar in Egypt and the Sudan, set forth the Eastern and Orthodox point of view on Christian unity.

I shall speak of Christian unity from the Eastern and Orthodox point of view.

The problem of Christian unity is different for the Orthodox and for the Protestants, because their relations with the Latin Church are essentially different. The Protestant Churches separated from the Latin Church, their mother, within which they had been born and of which they were an integral part. The Eastern Church, for its part, while it always recognized a primacy of the Bishop of Rome, even if somewhat vaguely, has never been part of the Latin Church. It does not emanate from it; it does not owe its existence to it, or its subsistence, or its dogmatic and disciplinary development.

The Eastern and consequently the Orthodox Church is a "source" Church, historically speaking, just like the Latin Church in the West. Founded by the Apostles and their immediate disciples, it was born without the consent of any other Church, since it was born before the others. It worked out its discipline and its liturgy without the approval of the West, since its discipline and its liturgies are clearly different from those of the West. Its inherent doctrine, substantially identical to that of the West, is developed and lived out in a different way. As proof of this, we have those Fathers of the Greek Church whose works are represented in our libraries by the side of those of the Latin Fathers, without ever being confused with them. There are two aptitudes, two different Christian inspirations, both going back to the living source of Christ, but whose waters, passing through lands differing in nature, through civilizations and talents that are obviously different, possess characteristics that are different and often incompatible.

It is important not to forget this fact, so as not to reduce the separation merely to an impulsive act, to use the expression of His Beatitude my Patriarch Maximos IV, and in order to measure the possibilities and procedures for a reunion.

To illustrate what I have just said, it will suffice for me to show you briefly how the same Christian mysteries and the same feasts are viewed, understood, and lived differently by the Latin Church on the one hand, and by the Orthodox Church and ourselves, the Eastern Catholics, on the other.

Let us consider the dogma of the most Holy Trinity, for example. Our Eastern theology has remained faithful to the doctrinal presentation of the Fathers, worked out at the time of the councils (the First Council of Nicea and the First Council of Constantinople), concerning the circumincession of the divine Persons. It has not allowed itself to be influenced by the Western theses of Augustinian theology that were propagated in the West during the Middle Ages and are still current in the Latin Church. Likewise, the East still holds fast not only to the doctrine of the Christological councils but also to the theological aspect given it by the Fathers who were the contemporaries of those councils. This is notably true on the subject of the incarnation of the Word, conceived above all as a divinization of human nature by Christ, a view that is more difficult to derive from the doctrine of vicarious satisfaction that is prevalent in the Latin Church.

These different ways of understanding and assimilating the same dogmas have had their influence on our liturgy and our feasts, which are the same as those of the Orthodox. For us, the feast of the Nativity of Christ, as well as the feast of the Epiphany, celebrates this divinization of human nature. This is not the case in the Latin Church. I also mention in passing the feast of the Annunciation, which, among us as well as among the Orthodox, commemorates the most solemn event in history, i.e., the incarnation of the Word of God in the womb of the Virgin Mary, whereas the same feast in the Latin Church tends more to celebrate the glories of the Virgin Mary, chosen by God to be the Mother of His Son.

And so, Venerable Fathers, you see by these examples cited at random that since its origins there have been in Christianity two principal currents that channel the riches of the redemption in two parallel directions that can complement each other, mutually enrich one another, without being intermingled. As long as East is East, and West is West, there will always be, as there have always been, two Churches in One. With God's help, they can be united but never commingled; they can coexist in unity but never in uniformity. Each of the two Churches will necessarily retain its own individual character, its physiognomy, its personality. Our Lord told His followers, "Be one as my Father and I are One." Now, while the Father, the Son and the Holy Spirit are united in the same nature, each of them retains His own distinct personality. There is one God in three Persons. It is in this way that Christ wants to see Christian unity realized: Churches that remain distinct but consubstantially united as one in the Church that is truly and supernaturally one in its hierarchical society.

The Orthodox Churches, insisting on the collegial power of the Apostles, are evolving toward an ever-greater autonomy. The Catholic Church, on the other hand, over the last few centuries has evolved in the opposite direction, toward centralization. Catholics and Orthodox Christians will be able to unite only by maintaining their equilibrium in mutual harmony.

I have set up the comparison between the Orthodox Church and the Latin Church when the question is really one of unity between the Orthodox and the Catholics. Why? Because the Catholic Church is, even today, overwhelmingly Latin, just as the Church of the East or the Churches of the East are, in their very great majority, Orthodox.

This fact is very evident in our Second Vatican Council, in which the Eastern bishops, numbering 130, are lost in an assembly of more than 2,000 Fathers, while the Eastern patriarchs, those of the great apostolic sees that, in the great ecumenical councils of the faith, played the principal role around the legates of the Pope of Rome, are today, in the persons of the Catholic patriarchs of the East, submerged in this imposing assembly and disappear behind the sacred purple of the 100 cardinals who are the honor of the Catholic Church today, but who did not then exist.

There are those who will say that the Church has evolved. That's indeed true! But it has evolved one-sidedly without taking into account those who, through the very will of Christ, are called to be part of it. For our brothers the Orthodox hierarchs, to acquiesce at the outset to the present state of our evolution is to renounce once and for all what they are and to dissolve their being and their Churches into Latinism, whereas the purpose of union is to enrich and not to impoverish.

The Catholic Church of today, assembled at this council blessed by God, appears so universal and so ecumenical with respect to territorial representation, geographically speaking. It looks to the day when Orthodoxy with its 200 million faithful will be represented within it in proportion to the patrimony that the Fathers of its Church, its great doctors and its holy monks, have bequeathed to Christianity, and with which they continue to enrich and nourish the Churches of the East and the West.

There are those who have sought to say that this council is not a council of union. So be it! And yet as long as Christians are divided, no council animated by the Spirit of Jesus Christ can dissociate itself from union. The Second Vatican Council seems to wish to serve the cause of union in a significant way. Indeed, when the new Christian communities everywhere and the ancient Christian communities of the West that received the baptism of the Roman Church, their teacher and mother, will soon have recovered the use of their mother tongue in their worship, and perhaps their national rites, when they have recaptured in their regional and national synods the climate favorable to their development, then the Catholic Church, decentralized, generous to its own children and trusting in those who have received baptism from Roman hands, will have passed through the first stage toward union with those who received from Eastern and Greek apostolic hands the same baptism as their own.

Archbishop Neophytos Edelby also spoke on that day, November 27, 1962, to criticize the doctrinal preamble of this schema.

The schema that is proposed to us for discussion under the title "On the Unity of the Church," when considered in its entirety, presents a practical and pastoral approach rather than a theoretical one. In fact, it deals with the means that seem most appropriate first of all for bringing the hearts of Christians closer together, and more specifically to encourage union with the Eastern Christians separated from the Catholic communion. Various means have been proposed in the schema: supernatural, theological, liturgical, canonical or disciplinary, psychological, or practical.

Before enumerating and explaining these means, the drafters of the schema thought that they should present a general introduction of a rather doctrinal nature on the nature of ecclesiastical unity. This introduction covers the first eleven paragraphs, about which I should like to say a few words.

To speak very simply and at the same time very charitably, I must admit that, while the body of the schema, with a few exceptions, generally deserves praise, the same cannot be said of this doctrinal introduction that is altogether incomplete and indeed not very accurate.

1. First of all (paragraphs 1-5), a few texts are proposed from Holy Scripture on the work of the redemption, on the earthly and heavenly Church, on the hierarchical Church. All this is excellent, but finds its normal place in a treatise "On the Church" rather than in a specific and practical decree on the means of bringing about union. Besides, the texts cited are not used to the best advantage to make possible the deduction of some principles of ecclesiology that provide the basis of the Catholic doctrine of Christian unity.

2. This doctrine seems to be presented in the following paragraphs (6-11), which deal with the visible unity of the Church "under Peter," the indivisible unity of the Church, unity in diversity, etc. I regret to say that these paragraphs, in my humble opinion, are not very satisfactory and must be completely revised, so that the spirit that animates them may be rendered more friendly, the historical perspective more objective, and the theological doctrine more profound. Here are a few explanations:

a. The spirit that animates this part of the schema is far removed from the ecumenical spirit, which is a spirit of truth in charity. The text of these paragraphs reflects here and there a certain animosity against the Eastern Christians that is not consonant with what is said subsequently. Thus, for example, it is unnecessarily and unjustly asserted that all non-Catholic Eastern Christians recognize "the undue right of the temporal regime of a civil government to interfere in the government of the Church." Other examples could be cited.

b. The historical perspective of this part of the schema is neither correct nor just. Thus, for example, the history of the schism is again represented in a very simplistic way, as if certain parts of the Church, namely the Eastern Churches, decided purely and simply out of spitefulness, without any responsibility whatever on the part of others, "to withdraw from the authority of the Vicar of Christ" (p. 253, lines 20-22). The historical reality is far more complex, and the responsibilities are widely shared. In addition, the Catholic Church is presented as if it had never ceased doing everything it could everywhere and unremittingly to foster Christian unity (p. 254, lines 12-25, and p. 255, lines 3-4). Everyone knows that that is not altogether true, since Catholics no less than non-Catholics have often acted contrary to the best interests of union, and, like the nonCatholics, are in need of God's mercy. All of us Christians, Catholics and non-Catholics, must confess that we have sinned grievously against union.

c. As for the theological teaching that is expressed in this part of the schema, it is neither firm nor deep. Very serious questions are considered, but no solution is presented.

Thus, for example, in paragraph 6, the visible unity of the Church is based solely on the primacy of the Roman pontiff. Not a word is said about unity with the hierarchy, about the collegiality of the bishops, or their collective and universal responsibility. Again, in paragraph 7, lines 13-14, the unity of the visible Church is based solely on the submission of the faithful to the authority of the bishops and of the Roman pontiff. This teaching is not false, but it is very incomplete. The bonds of unity among the faithful go beyond the relations of authority between superiors and subjects.

In the same paragraph 7, lines 24-26, the ecclesial character of non-Catholic Christians is not recognized, even though the Roman pontiffs themselves have often proclaimed clearly and distinctly that these Christians constitute true Churches.

In paragraph 9 nothing is said of the relationship of other Christians to the Mystical Body of Christ. It is asserted without distinctions that they are deprived "of several means of salvation," "especially of the institutions and directives of the magisterium, without which Christian faith and morals are not perfectly preserved." The schema seems at times to doubt their eternal salvation. All this is obviously greatly exaggerated and in any case hardly consistent with the ecumenical spirit. It is not even consistent with the schema's mode of expression in its other parts.

From all this it appears that this introduction contained in the first 11 paragraphs is neither necessary, useful, nor well drafted. I therefore humbly propose that the schema begin only with paragraph 12 and form a special chapter in the more general schema "On Ecumenism," which should be prepared in collaboration with the doctrinal commission and the Secretariat for Christian Unity.

Archimandrite Athanasius Hage, Superior General of the Chouerite Basilian Order, was the last of the Melkite Greek speakers for that day, November 27, 1962, making detailed comments on the schema as a whole.

Chapter III of the schema wisely devotes a special section to Eastern Christians and clarifies their particular situation. It is good also that in speaking respectfully of the spirit, history, liturgy, tradition, and discipline that are peculiarly theirs, it recommends that Catholics recognize and jealously preserve this magnificent patrimony.

However, this chapter in particular and the schema in general pass over in silence a very important point for the pursuit of reconciliation and union with the separated brethren. In fact, among the most effective means to this end that the situation of the Eastern Christians requires, absolutely the first in importance and the most urgent is the mitigation of the discipline of communicatio in sacris. It is surprising that this mitigation, which was insistently requested by several Eastern prelates and missionaries, and was voted for in the Preparatory Eastern Commission, has not found its place in the schema "On Ecumenism," and particularly in Chapter III. It is useful, indeed even necessary, to add to the first section of Chapter III a paragraph in which the general principle is set forth that the ecclesiastical discipline in this matter must be alleviated. To illustrate, may I be permitted to offer a few considerations.

1. The Historical Consideration

Formerly, as the documents and acts of the Holy See at the beginning of the 18th century attest, wide latitude was left to the Catholic faithful and to the priests themselves to relate on sacred matters with Eastern non-Catholics. Thus missionaries and the Eastern clergy, with the consent of the Orthodox bishops themselves, celebrated, preached, and conferred the sacraments in Orthodox churches, with the result that the people were spontaneously renewed spiritually. Without any proselytizing on their part, the Catholics drew the Orthodox toward union, and thus the Eastern communities in union were formed and grew over the years.

However, beginning in 1729 and after some violent reactions, the Sacred Congregation for the Propagation of the Faith forbade any relations in sacris with the Orthodox. But the Sacred Congregation of the Holy Office somewhat mitigated this rigid law, especially in 1864 and 1898, and even more in 1959, on behalf of the non-Catholic students who attended Catholic schools. This mitigation shows that certain disciplinary norms concerning communicatio in sacris are of ecclesiastical law and that these norms can and must be changed according to the conditions of place and time.

2. The Ecclesial Consideration

a. Orthodox faithful, with very few exceptions, are separated from Catholic unity only in a material way, that is to say, not because they would have chosen this separation or that they firmly wish it now, but because they were born into it, and that is why they desire union, just as we do, with all their hearts.

b. Besides, Orthodox in general do not formally and without distinction reject primacy, infallibility, the Immaculate Conception, etc. They are like a number of Catholics who are absolutely, invincibly, and inculpably ignorant of the nature of infallibility, primacy, or the Immaculate Conception, and who in a certain sense admit these dogmas implicitly.

c. On the other hand, there is nothing contrary to the Catholic faith in the rites and prayers of the Orthodox. Therefore, there is nothing to fear for the Catholics who in certain circumstances are called to participate in Orthodox rites.

3. The Theological Consideration

Normally, participation in sacred worship with non-Catholics is not permitted. The reason for this prohibition is taken as much from natural law as from ecclesiastical law (Can. 1258).

By divine natural law, active or formal participation, insofar as it includes adherence to a false doctrine, is intrinsically illicit. Passive or material participation that has no heterodox intention is forbidden by ecclesiastical law in order to avoid the dangers of perversion or scandal or of indifferentism. If these dangers are unquestionably imminent, this participation is forbidden by natural law itself. However, since these effects do not appear to be so imminent at times, the Church can permit this participation for the pursuit of a great good, applying the theological principle of the double effect, namely: "It is permissible, if the end in view is honorable, to postulate a good or indifferent case that will produce a double effect, one good and the other bad, provided that the good effect does not result from the bad one, and provided that there is a proportionate serious reason." In fact, participation in sacred matters would in certain cases be a lesser evil than its negation.

Besides, the above-mentioned evils can often be easily avoided, especially in material and passive participation. In fact:

a. No danger to the faith can be feared, since the Orthodox faithful do not profess any error, explicitly and formally.

b. There is no danger of scandal, since Catholics have been living for a long time mingling with non-Catholics, and non-Catholics habitually frequent Catholic churches and often request the sacraments from Catholic priests without causing any surprise at this way of acting. On the contrary, rigorism in this matter causes indignation among Catholics and is harmful both to the salvation of souls and to Christian unity.

c. There is no danger whatsoever of indifferentism; this danger would be imminent if the participation in sacred worship were total and unconditional. But if it is partial and limited, that is to say, in certain cases and done with the necessary precautions, the danger of indifferentism can easily be avoided.

Finally, the notion of the danger of scandal or indifferentism or of perversion, which is often imaginary in our cases—since the paramount positive reason is lacking—must yield to the salvation of the souls of Christians and to the best interests of the Church whenever this is required either for the very salvation of souls, for a great spiritual benefit, or for Christian unity.

4. The Pastoral Consideration

The Church was founded by Christ for the purpose of achieving salvation of all men. Thus, conscious of its supreme mission, the Church has the obligation to provide the means of salvation not only to Catholics but also to non-Catholics, especially those who, being closely linked to it by the sacrament of baptism and the other sacraments, remain its sons, even if they live actually and not formally outside its bosom, as Saint Basil remarks quite clearly in his Canonical Letter I to Amphilochius (P.G. 32, 668, A), when establishing a distinction between those who openly revolt and those who are simply separated and whom he declares to be "still living outside the Church."

Venerable Fathers, in certain regions of the East we have a tragic sociologic-religious situation: in view of the fact that Orthodox clergy are sometimes lacking, the Orthodox faithful are in danger of being de-Christianized. They may flock either to Protestantism or to other sects, or embrace Islam, as is the case in Egypt where numbers of separated Christians accept the Muslim religion every year.

We ask whether it is fitting in these cases that our discipline regarding participation in sacred worship yield, so that Catholic priests, with the consent of the Orthodox hierarchs and with the approbation of their respective Catholic hierarchs, can help the Orthodox clergy or replace them in preaching and in administration of the sacraments, so that the spiritual life in these regions may be revived, strengthened, and preserved until the day when, with God's grace, the perfect union of all Christians in the Catholic Church becomes a reality.

And so it is fitting that the Church have a spirit of charity toward our Orthodox brothers who have as good faith as we (both faithful and hierarchs), offering them very lovingly all those means of salvation that they might need, such as the Sacrifice of the Mass, and especially the sacraments of Penance and the Eucharist, preaching, etc.

Conclusion

It is our wish, therefore, that in Section I of this chapter that deals with the Eastern Christians, a paragraph be added in which the Council would establish a general principle prescribing that the ecclesiastical law concerning communicatio in sacris with the Eastern Christians be alleviated, especially in certain cases approved by the hierarchs of the areas, such as, for example, the admission of the Orthodox to the sacraments, the authorization for Catholics in certain cases to attend Orthodox ceremonies, and the validity of mixed marriages entered into before Orthodox priests.

The next day, November 28, 1962, the reaction erupted. Some blamed Byzantium and Byzantinism, which were accused of all the ills that the East has suffered. It was stressed that the East is not Byzantium. Even the Patriarchate of Constantinople was attacked, "that little diocese in Turkey," for which the Melkites would like the council to make compromises in the faith and forget the other Catholic Churches of the East. It was repeated that Chalcedonian Orthodoxy is not the entire East, and the Melkites are not the Eastern Church... The Melkite Greek hierarchs, nevertheless, peacefully continued their observations on the schema. Archbishop Michael Assaf of Transjordan, spoke of the "liturgical means suitable for fostering the desired union."

The schema "De Ecclesiae unitate" is one of the most important schemas presented for the study and approbation of this holy council. Besides, it is the primary thinking of our Holy Father Pope John XXIII, who is already deservedly called the "Pope of Unity." And in agreement with our revered Patriarch, His Beatitude Maximos IV, and the entire Melkite Greek Catholic episcopate, we approve it as a whole.

However, may I be permitted to suggest a few amendments to the text of the schema in question and more specifically to the four paragraphs 23-26, relating to the liturgical means suitable for fostering the desired union.

1. Twice, in paragraph 23 and in paragraph 26, the Holy Catholic Church's desire to respect the Eastern rites is emphasized. And yet each time I see an added reservation that seems to me offensive and unwarranted. There it is said, "Provided these rites contain nothing that is contrary to Catholic dogma and to communion with the Holy See." Those who know the Eastern rites are well aware that they contain absolutely nothing that is not completely Catholic and very ecumenical. The disputes among the Churches did not affect the liturgical rites.

I therefore propose that this reservation be eliminated from the final text, even if it literally cites words from Pope Paul V, written under circumstances that are no longer applicable today.

2. In paragraph 24, it is solemnly asserted in lines 34-35 that Eastern Christians will never be forced to abandon their own rite.

Without speaking of the very painful past, when countless Eastern Christians were forced to pass over to the Latin rite, I should like to point out that there are several ways of exerting pressure, and that moral pressure is often more effective than physical pressure. The Roman Church is sincerely anxious to safeguard the Eastern Churches with their entire spiritual patrimony, but it is not enough to reprove every procedure whose purpose is to latinize Easterners. It would be necessary to forbid latinization itself under whatever form it is practiced, reserving to the Apostolic Roman See alone the right to authorize, in exceptional cases, transfer to the Latin rite.

Once again, we are all certain that the Apostolic Roman See does not wish to latinize the East, and yet things are happening as if it could not prevent them. Energetic action is required, therefore, to put into practice the good intentions of the Holy See against biased and self-interested interpretations.

3. Paragraph 25 insinuates that reforms or innovations could be usefully introduced into the Eastern rites. To this end the schema cites the words of Pope Leo XIII in his masterly encyclical "Orientalium Dignitas." Yet it is evident from the context that these words refer to modifications made necessary in the discipline of the Eastern Churches. As far as the liturgical rites themselves are concerned, I must say that our Melkite Greek Catholic Church does not intend to innovate anything in the rite unless in concurrence with our Orthodox brethren, so as to safeguard the unity of the Byzantine rite, and also so that the variations in the rite may not create new and unnecessary differences between our Orthodox brethren and ourselves.

4. Paragraph 25 seeks to pacify the Easterners by assuring them that they will find in the Catholic Church not the house of a stranger but their own home. This declaration is beautiful and also very clear. The reality is less obvious. Too often the Catholic Church still appears, especially in our Eastern lands, as if it consisted of the Latin Church alone. How many examples of this I could cite here. I deliberately refrain from doing so for reasons that your august assembly readily understands. My only wish is that these declarations of good intentions be followed by effective results. We confidently count on the collaboration of everyone, with God's grace.

That same day, November 28, 1962, Kyr Joseph Tawil, Titular Archbishop of Myra and Patriarchal Vicar for Damascus, offered new criticism of the text and proposed amendments that affected the very spirit of the schema.

The first condition for attaining this desired unity is that the paths that lead to this unity be cleared of all unnecessary and harmful human obstacles. It seems that the schema "On the Unity of the Church" has been prepared with this in view. Nevertheless, in order that this work may become truly suitable for taking up ecumenical dialogue, I would set forth these remarks, to be added to the propositions already made by the Fathers.

1. On page 253, paragraph 7, line 20, we read: "Ita ut partes quaedam Ecclesiae se ab auctoritate Vicarii Christi substraxerint et in coetus independentes se constituerunt" (So that certain parts of the Church have withdrawn themselves from the authority of the Vicar of Christ and have set themselves up as independent groups). In this context the word "group" is incorrect, because the Eastern Churches, even those that are separated, are called Churches, and not groups, as is proved in the new schema "On Ecumenism," pages 87 and 88.

It would be preferable that these Eastern separated brethren were simply called Orthodox, as is the common usage and as the word is accepted in the liturgical readings and dictionaries, and as they in fact call themselves. Besides, in the text cited the nature and conditions of this withdrawal are not clearly demonstrated. For, at no time in its history has the Eastern Church been considered to be part of the Western patriarchate. Almost from apostolic times, it has always enjoyed an administrative and disciplinary autonomy that was never disputed.

2. On the same page and in the same paragraph, line 23, we read: "Error multo perniciosior habetur, quando regimini temporali cuiusdam civilis gubernii agnoscitur indebitum jus sese ingerendi in gubernium Ecclesiae..." (An error that is considered much more pernicious when the right of intruding into the administration of the Church is acknowledged to the temporal rule of any civil government...). Inasmuch as the polemical tone of this text does not harmonize at all well with ecumenical dialogue, I think this paragraph should be eliminated.

3. On page 259, paragraph 27, line 35, we read: "Exceptis illis quae periculum generant..." (excepting those things which produce danger...), and in the same vein, page 266, line 35, we read: "Iis tantummodo quae, si forsan adsint, rectae fidei aut bonis moribus adversantur expunctis" (omitting only those things that, if they are perchance present, are contrary to correct faith and sound morals). I frankly acknowledge that I have looked in vain in all Eastern liturgies now in use among us for anything whatever that is contrary to sound morals. I know only that these liturgies have come down to us through the solicitude of the holy Fathers, who are the norms of faith as well as of morals in the universal Church.

4. On page 267, paragraph 52, we read: "Ut tandem omne dubium..." (so that finally all doubt...) This entire paragraph is absolutely deficient with respect to ecumenism, insinuating that the Eastern Churches united to the Holy See do not possess a duly definitive state, while awaiting the union of all the Eastern Churches. We believe, on the contrary, that our Eastern churches never attain their fullest development in the Catholic Church unless they are first truly considered not only for what they are but for what they represent, namely the Orthodox Churches not yet in union.

The provisional state in which the Eastern Churches find themselves, as an ecclesiastical third world that is neither Eastern nor Latin, has a false ring and tends in practice to construct a house on sand. These Churches are, in fact, for the Orthodox, a mirror in which they can sense and see how things will be for them once union has been attained. When His Beatitude Christophorus, the Greek Orthodox Patriarch of Alexandria, learned the hierarchical order recognized for Catholic patriarchs in the new Eastern Code, namely, after cardinals, as well as after apostolic delegates, and far more significantly, after the Latin bishop in his own diocese, did he not exclaim in a pained voice, "Pity! Lord have mercy!"?

All of these things require that the schema "On Unity" be worked on once more and in greater depth in collaboration with the Secretariat for Christian Unity. But it is necessary that once amended it be submitted to the council, since the question "On Unity" is definitely current and urgent because of the present circumstances. It would perhaps be useful for the joint commission to work on the unity of the Church rather than on "Sources of Revelation."

On November 30, 1962, it was the turn of the dean of the Melkite Greek hierarchs, Kyr Eftimios Youakim, Archbishop of Zahle in Lebanon, to speak. He stressed that not all of the East is "separated" and that the West must not equate itself with the Catholic Church.

The schema "On the Unity of the Church" is quite broad in scope and very important. Union is indeed the greatest desire of all of us and also of the Orthodox, who, when they saw us leave for the council, cried out unanimously, "When you return, announce that union has been achieved!" This must therefore arouse the attention of this illustrious assembly, whose members are imbued with the zeal of Christ. Truly, all of us are carrying forward the mission of Christ, the divine Founder of the Kingdom of God on earth. All of us are happy to repeat with great devotion and very frequently Christ's own prayer: that they may be one.

Certainly, the compilers of this schema deserve great praise because of their wide experience and their fervent zeal. That is why I do not hesitate to declare my complete acceptance. I greatly rejoice in particular that, among the useful means for the promotion of union, the supernatural means have not been neglected. Far more, these means must undoubtedly take precedence over all the human means, whatever their power and efficacy. To this end, it seems to me that it is fitting to recall here the doctrine of operating grace and of cooperating grace.

I should like to begin my contribution with these two observations relating to paragraphs 14 and 15:

l. Paragraph 14 begins "lamentably" by saying, "In order to eliminate this lamentable separation, which for centuries has become entrenched between the Eastern Churches, and that continues in our day...," when it would have been better to begin in this way, "In order to nurture and multiply the partial unions already accomplished and that still endure..." Here are the reasons:

a. There are communities in the East whose leaders have turned away from union, but whose faithful, who are also the Church, have retained the spirit of unity.

b. In absolute terms, this expression, "the separation still continues in our day," is one that I do not like. On the contrary, what endures is the dualism and the parallelism, thanks to which there are also on the part of the "separated brothers," "those who have preserved the union" and those who, in this union, have preserved the liturgical rites that constitute as it were a bridge destined to restore this deeply desired union.

c. It seems to me that this same expression traces its origin, at least in part, to a certain Latin-Western group that pretends to consider all Eastern Churches as being separated from it. It is only reasonable that this manner of speaking is ill-suited to a text emanating from a council that speaks in the name of the whole Church, both Latin and Eastern Catholic. That is why I think that the form that I have cited above is more felicitous, namely: "To nurture and multiply the unions already accomplished and that still endure..."

2) Paragraph 15, page 256, in which the novena of prayers and supplications decreed by Leo XIII is recommended, induces me to digress in order to express my joy in having known this great pontiff personally and, above all, in having experienced the very noble spirit of this illustrious common Father of all the faithful in his immortal encyclical "Orientalium dignitas," which was proclaimed after Vatican Council I. Today God is giving us another Leo, his successor John XXIII, to whom we direct our best wishes from the depths of our hearts and for whom we ask a long life so that he may consummate Vatican II with another encyclical like "Orientalium dignitas."

The prayers I cited earlier take the place in my opinion of operating grace. It is "cooperating grace" that is expected of us and which we find in the above-mentioned prayers, providing they are said well and with the true ecumenical spirit, as we wish them to be, that is to say, not only with our lips, without faith or charity of heart, or under the aspect of the return and conversion of the prodigal son, but in the manner of Christ's own prayer, which is unalloyed with human elements but sincerely and truly fraternal.

Our prayers will be heard only if we welcome the praying Christ within us and among us.

That same day Archimandrite Athanasius Hage, Superior General of the Chouerite Basilians, made detailed remarks on the text of the schema, in order to improve it. For lack of time, Kyr John Bassoul, Archbishop of Homs, transmitted this intervention in writing to the secretariat of the council.

We rejoice greatly over the fact that the schema "On the Unity of the Church" speaks in detail of the psychological means that promote unity between the Roman Church and the Eastern Church. The psychological means that always hold in high regard the sincerity of persons and the authentic faith of the Orthodox, foster this mutual understanding that is an indispensable condition for attaining ecclesiastical union.

For this reason, may I be permitted to make these three observations:

l. Expressions like "separated brethren" or "dissident brethren," so often used in this schema to designate the brethren of the Eastern Church, seem ill-adapted to attracting these brethren.

Why not call them by the name they give themselves, namely, "Orthodox brethren"? Indeed, since they have preserved the true and authentic faith against the heterodox, they have reserved for themselves the glorious name of "Orthodox."

2. Article 34 uses the term "Oves extra ovile vagantes" (Sheep wandering outside the fold) to designate our Orthodox brethren. This expression has a sour ring. In fact, these brethren hear the voice of the Good Shepherd, even though not as carefully as we do, they are sympathetic to the voice of the pope, the vicar of the Good Shepherd, and they follow the Good Shepherd by reason of the fact that they have received from the Shepherd of our souls and still faithfully keep the true faith, the true sacraments, and the true hierarchy, according to the words of the Patriarch Athenagoras in an article published in La Croix, "We have the same Gospel, the same faith, the same traditions, the same sacraments, the same saints..."

3. Article 43 reads: "reditus fratrum separatorum" (return of the separated brethren). I should like this expression to be changed, because it insinuates that the rupture is due to one party only, whereas historically it appears that both parties bear responsibility for this rupture, and that it was born of political and cultural differences rather than of differences of doctrine and worship.

Besides, why not speak of a union to be restored, of a reunion among brethren, all of whom are responsible for the rupture that came about over the centuries? Do we not also have the obligation to follow the road to union? Have we not also the duty to return to our brethren? Then this reunion will not be the return of one party only, but the re-assembling of two parties in the bosom of a single ecclesiastical unity. In this peaceful gathering, there will be neither victor nor vanquished, or rather the victor will be the one who is the first to recognize and embrace his brother.

It is certain that when the Orthodox themselves are convinced that this unity has been restored and established on a solid foundation, all Orthodox Christians can consider that the fundamental psychological condition has been realized in the efforts toward the reunion that is so fervently and eagerly desired by men of good will.

The Ecumenical Movement

At the 1963 Session, the schema "De Unitate Ecclesiae," prepared by the Eastern Commission, had been replaced by a schema "De Oecumenismo" prepared by the Secretariat for Christian Unity. In its "Observations on the Schemas of the Council (1963)," the Holy Synod made some detailed criticisms of this text.

We can only rejoice over the text of this schema and address our warmest praise to the Secretariat for Christian Unity that drafted it.

The reason we take the liberty of making a few observations is in order to contribute to making the text still better, especially from the point of view of the feelings of our Orthodox brethren.

l. The expression "fratres separati" should be corrected everywhere to read "fratres a nobis separati" (brethren separated from us). They are separated from us, as we are separated from them. That does not prejudge the dogmatic question: who was right in separating? We recognize the fact that we are separated from one another. That is if we do not wish to use more simply, as far as Eastern Christians are concerned, the expression "fratres Orthodoxi," which would be simpler, more historical, and more pleasing to the interested parties. In fact, we would be calling them by the name by which they wish to be called, without seeing it as a dogmatic assertion. In the same way, when we say, "the Evangelical Churches," we are not asserting that we are not in that category. We are content to use a designation accepted by the interested parties.

2. Replace "vestigia enim Christi" (indeed the signs of Christ) with "praesentia enim Christi" (indeed the presence of Christ). These brethren who are separated from us have more than signs of Christ, they have His presence.

3. Instead of saying "remota quavis communicatione in cultu officiali" (having avoided any participation in official worship), we prefer to say "remota quavis officiali communicatione in cultu" (having avoided any official participation in worship). In fact, prayer for the union of the Churches can sometimes take on, as it does with us, the aspect of an official liturgical prayer. What remains forbidden is official participation in worship, not participation in official worship.

Likewise, instead of "celebrare" we prefer "concelebrare." What is forbidden is the concelebration of the sacred mysteries, not necessarily attendance at these mysteries.

4. Say "arbitra etiam Sede Romana..."(and also with the Roman See as arbitrator...). In fact, historically, recourse to the arbitration of the Roman See was only one of the means that enabled the Churches to settle their differences. The other means were the councils, imperial authority, etc.

If all the schemas of the council were composed in the same spirit as this schema "De Oecumenismo," it would be a great step forward on the road to Christian unity.

The new schema came under discussion at the Council on November 18, 1963, during the 69th General Session. On that day, His Beatitude the Patriarch, while making a few criticisms, strongly supported it in a memorable intervention.

Considering the schema "De Oecumenismo" as a whole, we wish first of all to express our keen satisfaction with it. We believe that it is the first schema submitted to the examination of the council Fathers that joins in a balanced way doctrinal depth with a pastoral meaning. Even allowing for adjusting certain details, we believe it can be accepted by everyone as an excellent basis for discussion.

Among the qualities that commend it to our approval, certain ones deserve to be pointed out briefly:

l. This schema is the sign that we Catholics have finally emerged from the period of sterile polemics with regard to both our Orthodox brethren of the East and the communities born of the 16th century crisis, polemics that have excessively influenced a unilateral development of theology, discipline, and even of spirituality.

2. Following the same line of thought, this schema is the sign that we have decided to leave behind the impasses of an incorrect proselytism that has as its goal the weakening of one's brother and to enter the path of evangelical emulation and sincere witness to the faith in charity, leaving untouched the freedom of a sincere conscience.

3. This schema also reflects what our late lamented Pope John XXIII and His Holiness Pope Paul VI recommended by their example and their words, namely, to acknowledge our faults, for this opens hearts to dialogue and ecumenism.

4. But above all we are eager to express publicly our joy and, we are sure, that of our Orthodox brethren at the sight at last in this schema of the beginning, still a bit timid but sincere and official, of a true theology of the Church, which has never ceased to be the theology of the entire Eastern tradition: the communion of the Father and of the Son in the Holy Spirit, which, springing from the resurrection of Christ, is unceasingly poured out by the life-giving Spirit through the Divine Liturgy in all the members of the new People of God.

However, these merits must not conceal certain deficiencies that are common to the schema as a whole. May I be permitted to point them out:

l. This schema seems to be a bit too descriptive. We should like the presentation to be also more critical, proceeding from the real causes to the appropriate remedies.

2. The schema is still too much concerned with the causes of the divisions, especially the theological causes that arose in former times. Besides, both in the East and with respect to our Anglican and Protestant brethren, the difficulties of former times have often disappeared, while other new difficulties have arisen since the separation. There is need to pay greater attention to the latter, with a sound, critical perspective.

3. With a view to union, we should perhaps also not be solely concerned with the divisions that affect the structure of the Church, but also point out that within all the Christian communities there are daily clashes that work against unity, that is to say, the sin that kills charity. In the eyes of God and of Christ who will judge us on love, these often invisible ruptures are certainly more serious than the sociological condition in which each of us finds himself when he is born into one or another Christian group.

4. We also point out a fault in form, which can be improved. In certain passages, one cannot know whether it is meant to be the description of the characters of our brethren, or a message addressed to them, or else an exhortation meant only for Catholics. Unity of form could easily be assured if we always placed ourselves in the perspective not of a council of union, but of a council for the renewal of the Catholic Church, which is the first step, that should be repeated constantly, toward a meeting with our brethren.

5. Finally, we must say very clearly—and this is very important—that Chapter IV of this schema that has recently been distributed to us is absolutely irrelevant. Ecumenism is an effort for the reunion of the whole Christian family, that is to say, the gathering of all who are baptized in Christ. It is, therefore, a strictly intimate family matter. Non-Christians have no place in it. And we do not see what role Jews have in Christian ecumenism, and why they have been brought into it.

In addition, it is a serious offense to our brethren who are separated from us when we seem to treat them on that an equal footing with the Jews.

It is therefore urgent that this Chapter IV be removed from the schema "De Oecumenismo."

However, if, for some reason unknown to us, the decision is made to keep this chapter, then the following must be done: a) it must be inserted into another schema in which it would fit more appropriately, for example, in the schema "De Ecclesia" in connection with the history of salvation, or in the schema being prepared on "The Presence of the Church in the Modern World," as the Church's witness against racism of every sort; b) then, if there is a discussion of Jews, other non-Christian religions must also be discussed, especially the religion of the Muslims who number 400 million and in whose midst we live as a minority.

So let us be fair and logical. If we wish to disavow anti-Semitism—and we all disavow it—a short note condemning both anti-Semitism and racial segregation would have sufficed. It is useless to create an injurious agitation in the world.

In conclusion, and repeating our substantial agreement with this schema, we shall emphasize two points.

l. The absolutely unique nature of our relations with our Orthodox brethren, which justifies the special place devoted to them in Chapter III in its paragraph 1. We should rediscover the authentic meaning of the Church held by our Fathers, both Orthodox and Catholic. In former times no one would have dared to speak of a Catholic Church and an Orthodox Church. Only one undivided Church was recognized, even if some of its members were temporarily divided with "shared responsibilities," to use the words of John XXIII. At Lyons and at Florence—regardless of what we think of these councils of union—our brethren the Orthodox bishops participated in the councils as members, and their empty places here should cause us painful anguish and be a still more pressing call to rediscover complete communion in charity.

2. That is why we embrace the wish, expressed unanimously at the last Pan-Orthodox Conference of Rhodes, for the establishment as rapidly as possible of a permanent dialogue on an equal-to-equal basis between Orthodox and Catholic brethren. It is our wish that the Secretariat for Christian Unity effectively initiate this new permanent and direct contact. Let all human passions be silent to hear only the voice of the Lord. Christian people are impatient, with the impatience of the Spirit. We must open ourselves wide to this divine breath, which, as the Prophet Ezekiel has said (37:11), will transform a valley of dry bones into a living, holy people, united in faith to glorify the Holy Trinity: Father, Son and Holy Spirit.

On November 25, 1963, Archbishop Joseph Tawil, Patriarchal Vicar in Damascus, criticized the title of the first chapter, which should speak of the "Catholic principles of ecumenism," and not of the "principles of Catholic ecumenism," since there is only one ecumenism. Then he gave an outline of a "theology of division," and explained in passing why the Eastern Fathers at the council did not always agree among themselves.

I should like to make three comments on the subject of this Chapter I of "De Oecumenismo."

1. In the title "On the principles of Catholic Ecumenism," it seems that there is a typographical error. We were expecting to read "On the Catholic principles of Ecumenism." If, indeed, ecumenism is a movement of all Christians toward greater unity, it cannot be said to be strictly Catholic, Orthodox, or Anglican, or something else. However, we can speak about Catholic, Orthodox, Anglican, or other principles of this same ecumenism.

2. Paragraph 2 deals with the divisions in a purely descriptive way, but is completely silent on the theology of the division as such. This is something about which we can find light in the Holy Scripture.

The people of God possess unity when, seeking salvation in faith, they receive the promise. On the contrary, they are divided when, trusting in the flesh, they lose the promise. That is the constant theology of the books of the Law and the Prophets. It is confirmed later in the New Testament in the separation of the larger part of Israel that placed its trust more in faith than in the Law. Then the Church, the new people of God, exposed itself to the temptation to "Judaize," the temptation to "Hellenize" (5th century), to "Latinize" (11th century), and finally to "Romanize" (16th century and subsequently). In the end, the Church found that it was relying on the justification of the flesh and not on the justification of faith (cf. Philippians 3:7-9).

And yet God's gifts are irrevocable (cf. Romans 11:29). He never abandons His people, so that if unity is given through grace, the divisions themselves are directed to a greater grace, so that all of us may obtain mercy. God's wonderful deeds, beginning in the Old Testament and continuing until now, are of such a nature that the divisions that are born of the disavowal of the free gift of salvation are directed to a greater gift. The biblical vision of unity and division of the God's people places everything in the history of the Church in the light of mercy and grace. "For God has consigned all men to disobedience, that He may have mercy upon all" (Romans 11:32).

3. We are in total agreement with what is said in paragraph 3:

"In necessariis unitatem custodiendo, fideles in variis formis vitae spiritualis et disciplinae..." (by maintaining unity in those things that are necessary, while the faithful are in various forms of spiritual life and discipline), and "Hac de causa, synodus omnes catholicos hortatur ut abstineant a verbis, judiciis et operibus quae fratrum separatorum conditioni..." (For this reason, the synod strongly urges all Catholics to refrain from words, judgements, and works that... compare to the condition of our separated brethren...). May I be permitted to develop this idea.

The conciliar Fathers, the great majority of whom are of the Latin rite, have no doubt been surprised that the Eastern Fathers do not always agree among themselves. Let us say first of all that this division is not any more extraordinary than those among the Latin Fathers. It stems from several reasons:

1. From the positive, distinct traditions inherited in common with the Orthodox, such as the Byzantine, Syrian, or Coptic traditions, substantially alike among themselves, but nevertheless noticeably different;

2. From collective psychological residues, due to the establishment of distinct communities long before the conversion of the peoples of Central and Western Europe, that is to say, of the Slavs, the Germans, and the English. Whence their distinct life for the past 1,500 years, or 1,300 years, for example, for the Maronites;

3. Eastern Catholics are also diverse with respect to varying degrees of latinization. We have all been latinized ecclesially. The proof of this is that I must speak to you in Latin in this assembly. What constitutes the Eastern Christian is neither race nor nationality, but the direct, living apostolic tradition, which does not contradict the Latin tradition but is distinct from it. Anyone who has ever taken a course in theology remembers that the arguments from Tradition are given by citing the Greek Fathers on the one hand and the Latin Fathers on the other, as corroborating one another through their distinct origins. Now that this has been said, it can be understood that communities that are strongly latinized by their history are less easily receptive to ecumenical necessities, and that consequently one or another Father, reflecting this mentality, has demanded within Catholicism a single code for the two Churches of the East and the West, and a single jurisdiction, something that is unthinkable for anyone who has preserved the positive meaning of Tradition and of the Orthodox outlook.

Conclusion: All the Catholic Churches of the East taken together represent scarcely two per cent of the total of Orthodoxy, estimated at over 200 million, of whom 180 million belong to the Byzantine rite, 15 million to the Coptic and Ethiopian rite, and 5 million to the Syrian rite. Now, these Churches are of interest, ecumenically speaking, only in relation to Orthodoxy, whose tradition they are supposed to represent. In fact, each of them awaits its fullness, and does not have the right to consider itself as being in a final definitive form, but only as a stage on the road to unity. Now, to ask for the unification of a single code for the Churches of the East and the West, or unification of jurisdiction, is to close all paths which lead to ecumenism, and is to be imprisoned in a deadly isolation, becoming for the universal Church a definite obstacle.

On November 27, 1963, His Beatitude the Patriarch intervened again on the schema "De Oecumenismo" to defend the variety of disciplines in the Church and the preservation of the hierarchy of each particular Church.

Speaking of the discipline that is peculiar to Eastern Christians, No. 16 of our schema "solemnly affirms the principle of diversity in unity." And it adds that, "the perfect observance of this traditional principle, which has not always been carefully respected, is among the absolutely indispensable conditions for any restoration of unity."

We agree fully with this solemn declaration through which the Catholic Church affirms its determination to respect, in the unity of faith, the legitimate diversity of discipline in the Eastern Churches.

On the basis of this principle the Holy Roman See has made considerable efforts to endow the Eastern Catholic Churches with a code of ecclesiastical law distinct from that of the Latin Church. The result is doubtless not perfect, yet the principle at least is safeguarded, namely, the distinction of two codes, the Eastern Code and the Latin Code.

We regret that certain Fathers have thought they had to ask for the unification of the Eastern Code with the Latin Code. This unification, we believe, would inevitably result, whether we wish it or not, either in substituting Latin discipline for Eastern discipline, or in giving Latin discipline such preponderance that it would be impossible to see in this unified code the discipline peculiar to the East. In the ecumenical dialogue it will be most unfortunate if we show our Orthodox brethren that the discipline which awaits them, in case of union with the Roman Church, is not their own but the discipline of the Latin Church or something very similar to it. It is doubtless not realized what harm is done to the cause of ecumenism by the demand for the unification of the Eastern Code with the Latin Code.

This cause of ecumenism also demands, as a second indispensable condition, the preservation of the hierarchy of each particular Church. On several occasions there has been a question in this assembly of plans for the unification of jurisdictions in countries where there are different rites. This idea of unification of jurisdictions is tempting, but if it is pushed to its extreme limits without the appropriate distinctions, it can have serious consequences.

To clarify this question, we believe that three cases must be distinguished.

1. The first case is that of mission countries: China, India, Japan, etc. At the present time, the Latin Church has its hierarchy constituted throughout the world. However, it is only just that Eastern Christians be associated in the work of the missions. Certain territories should be entrusted to them, especially in countries where they have long been permanently established and in those that have such strong ethnic, linguistic, and cultural affinities with theirs that evangelization through them is, as it were, providentially provided. In these countries, unification of jurisdictions can be successfully realized through agreement with the bishops of the localities, with the intervention, if that is necessary, of the Holy Roman See. Is it necessary to ask that in the very interests of the Church, all things being equal, the indigenous Church, the local rite that harmonizes best with the genius and aspirations of the people, should be given preference?

2. The second case is that where Christian communities are already established and where the majority are of the Latin rite, such as, for example, in Europe and in America. There, whenever Eastern Catholics are sufficiently numerous, there must be no hesitation in giving them not only parishes of their own rite, independent of Latin parishes, but also their own hierarchy, as, indeed, is wisely provided for in the schema "De Episcopis et dioecesium regimine" (No. 31).

3. The third case—which concerns us more particularly—is that of the classical East, where for centuries Christianity has existed in a form of community, and where at the head of each Church there is already a distinct, organized hierarchy.

In these countries, where there is already a time-honored organization that has proved its worth, where numerous ecclesiastical authorities live side by side in the same territory in a spirit of understanding and peace, in spite of a few inevitable clashes due to the weakness of human nature, the situation cannot be changed without causing serious disturbances. Even if it is decided to change this state of things, the new situation will not be able to endure, because it is contrary to nature, because the people will not be able to accept it, and because it will create very serious disturbances that will imperil the very life of the Eastern Catholic Churches.

Besides, it must not be forgotten that our present stage of union is not a definitive formula. We are some sort of transitional organization. When worldwide union is accomplished between Orthodoxy and Catholicism, all hierarchical structures will merge of themselves to form a single hierarchy. By what right, then, would have such a jurisdiction have been previously eliminated or another similar one merged into a non-ritual organization where our Orthodox brethren would not recognize themselves?

Any unification of jurisdiction that would result in the absorption of one hierarchy by another must also be rejected. Any fusion or absorption of one hierarchy by another marks the disappearance of a Church. Besides, the Catholic Church desires to safeguard all the Churches that compose it, in particular the Eastern Churches that have the very important mission of restoring Christian unity with the Orthodox branches that correspond to their respective rites. To deprive one or the other of its own hierarchy is to prepare for their disappearance at a more or less early date.

We have transmitted to the secretariat a long study on this entire question. Lack of time does not allow us to do more here than give a very succinct summary of this study.

Rather than debate theoretical solutions, which we know very well to be impossible and dangerous for the tranquility of the Christian people, we should like to make a fraternal appeal that, on the one hand, the established order, with the distinction of communities and hierarchies, be respected, and that, on the other hand, the disadvantages of a multiplicity of jurisdictions be avoided through a still closer cooperation among ecclesiastical leaders in all areas of the apostolate, thanks to an augmentation of inter-ritual synods.

The preservation of a distinct code of canon law for the East and the preservation of a distinct hierarchy for each Church, with maximum collaboration: these are the two indispensable conditions for ecumenical efforts. That is also the guarantee of the presence of the spirit of Christ, who is the spirit of harmony, charity, and peace.

On November 29, 1963, Archbishop Elias Zoghby, Patriarchal Vicar in Egypt and the Sudan, developed in his intervention the causes of the rupture between the East and the West.

If, after ten centuries of schism and separated development, the Latin and the Eastern Churches continue to declare that they are substantially similar, is it possible to suppose that they had major reasons for separating a thousand years ago? Certainly not! The schism would not have taken place if the Churches of the West and of the East had not been morally involved in the conflict that set the two empires against one another.

Indeed, there are times unfavorable to dialogue and times that are favorable. The Schism of the East, which can be called more ecumenically the Great Christian Schism because the responsibility for it is shared, occurred at a time when the Christian East and the Christian West could not enter into a dialogue on a footing of equality and in an effective way.

The minor clashes between the Latin and the Eastern Churches, which had previously been considered mild incidents between brethren of the same family, were increasingly taking on the disturbing proportions of the great conflict between the two empires. The Latin Church was beginning to see in it a resistance to the primatial authority of Peter, and Orthodoxy saw in it an attempt at domination that was not justified by a primacy of service.

The primacy of the Bishop of Rome, which a thousand-year tradition had endorsed as being the bond of unity, was beginning to be understood in the East as the extension of a local Church as the universal Church. That was the beginning of the crisis that culminated in the separation.

Modern Catholic historians of great merit interpret the Great Schism as a failure of efforts to apply Roman centralization to the Churches of the East, accustomed as they were, during ten centuries of union with Rome, to combine a legitimate diversity with unity.

Actually, the Churches of the East were radically opposed to centralization from the start. Why? There are those who say: out of solidarity with the civil power. That is possible. Others say: out of pride. That has not been proven. Eastern Christians have a different view: Eastern Churches had practiced a synodal collegial system of ecclesiastical government during the ten centuries of union with the Holy See of Rome, without the latter having found anything abnormal about that. Besides, Eastern hierarchs did not find in authentic tradition a religious justification for the change that had occurred. Furthermore, the Eastern Churches, which were founded by the Apostles or their immediate successors, and which owed to the Church of the West neither their beginning nor their development, possessed a religious, theological, liturgical, monastic, and disciplinary patrimony that was different from that of the West, without, however, being opposed to it. Now, it is evident that a Church governed by organizations extraneous to its tradition quickly sees this tradition greatly impaired.

And so Roman centralization appeared to the Easterners, and rightly so, as a measure of uniformity that could call into question the legitimacy of their own religious patrimony, which they had received from their Fathers by virtue of an incontestable apostolic succession.

Dialogue was called for at that time in order to clarify, as we are doing today at the Council, the nature of the Mystery of the Church, the relationship between primacy and collegiality, between the local diocese of Rome and the primatial power of the Bishop of Rome. However, this dialogue could not take place either in the 11th century or in Florence because it could not be carried on in a favorable social and political context.

It might have been asked why God did not intervene to prevent this lamentable rupture the way He intervenes to prevent every error of doctrine in the Church. The answer is not hard to find. First of all, Christian unity ought not to be solely the work of God, but also the work of men. Besides, since the primacy of Peter is intended to protect the integrity of the Christian patrimony, God could not wish this primacy to be exercised to the detriment of this integrity. Indeed, the two authentic and apostolic traditions, complementary but different, i.e., Latin and Eastern, are the two halves of the Christian patrimony and together constitute the whole of Christianity, all of which benefits from the promise of divine protection until the end of the ages. Any unity which might be forged to the detriment of one or the other Apostolic tradition would impoverish the Church instead of enriching it.

Catholic unity to which ecumenism is striving will be vaster and more fruitful than that of the present day. Actually, current Catholic unity appears to be partial and rather Latin. It groups the Latin Churches of the West and the Latin Churches founded by them in mission countries, and the modest portions of the Eastern Churches that are in union and that are substantially latinized as a whole, although they have preserved their external liturgical rites. Today only Orthodoxy possesses the authentic Eastern tradition, even if sometimes in a diminished way; only a union with equality between "Latinity" and Orthodoxy can gather together the apostolic tradition and perfect Catholic unity.

I speak of a union with equality because the day union is realized, Orthodoxy will have at least as much to give as to receive. It will thus participate in the government of the reunited Church as an equal with the Latin Church, under the primacy of Peter, you may be sure of it. The dialogue between equals decided on by the Rhodes Conference must be entered into by the Catholic Church with the conviction that it will benefit from it as much as will Orthodoxy.

In fact, the Schism has equally disfigured both of them. The Church of the West lost, together with the communion of the apostolic sees of the East, the most collegial portion of the episcopal college. Centralization was pursued at an exceptional gait without anyone being able to hold it back. The Church of the West has been governed respectively by the consistory, the fragments of the consistory that are the Roman congregations, and finally in practice by the congresso or weekly meeting of Curia officials.

As for the Churches of the East, they lost, because of the Great Schism, communion with the center of unity of the whole Church, namely, the Bishop of Rome. Excessive decentralization has weakened them considerably, making difficult the regular exercise of episcopal collegiality, which however remained their dominant form of government.

And yet, God, who brings good out of evil, has willed that this tragic rupture shelter the Orthodox Churches from the centralization of latinization, to the great benefit of ecumenical dialogue and of the reunited Church.

This dialogue among equals between Latinity and Orthodoxy, which was in practice impossible at the time of the Great Schism, has now become possible, not to say obligatory, in the bosom of a humanity tending more and more to seek unity through the means of international organizations where all peoples are represented on a basis of equality. His Eminence Cardinal Cicognani said this well in his Relation on the subject of the schema "De Oecumenismo."

This dialogue must be accompanied by an effort toward decentralization on the part of the Catholic Church, an effort already undertaken by this holy Council, and, on the part of the Orthodox Churches, by an effort toward relative centralization around the successor of Peter and within the framework of traditional collegiality.

In this dialogue that concerns first of all the Latin and Orthodox Churches, Eastern Churches that are in union will have a secondary but necessary role to play as witnesses. They must, by de-latinizing themselves, at last live more completely as traditional Eastern institutions within Catholicism, in order to familiarize Latin Catholics with these institutions and make dialogue easier and more fruitful. At the present time, this is their only means of being of some use to the Church of Jesus Christ.

"Communicatio in Sacris"

On this important and delicate question, the patriarch, commenting on the draft of a schema prepared by the Oriental Commission, composed in Rome on January 19, 1962, the following note, which he read before the members of the Central Commission.

On this important and serious question of communicatio in sacris with our Orthodox brethren of the East, I am happy to bestow unreserved praise on the schema that is presented to us by the Commission on the Eastern Churches. Such a schema indicates what a good start ecumenism has made in our Catholic circles. If this schema, as I hope, is accepted by your venerable assembly, I believe that a great step will have been taken in the preparation of Christian unity.

The first advantage of this schema is that it gives our Orthodox brethren of the East a special canonical status on this point of communicatio in sacris. Indeed, I hope that a similar approach is likewise made for the discipline of communicatio in sacris with our brethren of the Reformed Churches. Yet it will always be right that for our Orthodox brethren of the East the discipline on this point be eased still more. For we are dealing with Christians who share our faith, who have our sacraments, a hierarchy of divine institution, and the same wellspring of faith as we, namely, Holy Scripture and the Tradition of the Church. In our relations with them, there is question more of reconciliation than of conversion in the strict sense. Now, in order to reconcile a brother in a family where moral responsibilities are divided, does not a multiplying of contacts remain the best approach?

In the second place, the schema, while it justifiably makes the distinction between the formal dissident and the dissident in practice, does not presume, as was too often done until now, that every dissident is a heretic or a formal schismatic until proof is given to the contrary. An objective and psychological knowledge of the souls of our separated brethren makes us presume on the contrary to their absolute good faith and makes us presuppose bad faith only as a very rare exception. Indeed, the schema bases its main portion not on the presumption that they are formal non-Catholics in the absence of proof to the contrary, but that they are non-Catholics in practice, in good faith, in the absence of proof to the contrary. This change in perspective naturally involves a change in canonical attitudes.

In the third place, it must be noted that when heresy or schism arises in the Church, the responsible authorities take very severe measures to try to stifle the evil in its inception and to protect souls whose faith is weak. Then, little by little, a continuing situation is established. Christians are born into a shattered Christian community through no fault of their own. The Church does not adopt the same attitude in both situations. While it is very severe at the moment heresy or schism is born, it is more indulgent once the rupture is entrenched, lest too much severity drive the lost sheep farther away, as the Fathers of the Church tell us.

This explains why on this point of communicatio in sacris with non-Catholics of good faith, the attitude of the Church has not always been absolutely invariable. Moreover, this variation in the discipline of the Church proves to us that the prohibition of ecclesial communion with non-Catholics of good faith is not a matter of divine law but of ecclesiastical law, and hence subject to evolution according to the wisdom of the Church's pastors and to changing circumstances of time and place.

Now, it seems that today's circumstances demand that we redouble our charity toward our Orthodox brethren of the East in particular. It is detrimental to the work of union to treat them in the same way as others who do not share our faith, i.e., unbelievers or heretics.

This is neither weakness nor compromise on the part of the Catholic Church. Nor is it a diminution of its prestige. On the contrary, it seems to us that, in this effort at reconciliation that draws Christian Churches toward one another, those who have received the more grace, more light, more charity from God, and who feel stronger in the faith must make the first step.

Let us not constantly and without distinction conjure up the specter of religious indifferentism, of corruption of faith, and of scandal. Doubtless this danger exists, but first of all we must not exaggerate it; then, the shepherds of the Church are there to measure out the concrete amount of modification that it is suitable to grant, and to distinguish between those persons who can or cannot without danger enter into religious contact with our separated brethren. Finally, one must not forget that the scandal that is feared is most often created in the reverse direction; by this I mean that Catholics, quite as much as Orthodox Christians, are rather scandalized not by intercommunion but by its prohibition. We say this on the basis of our long experience.

When the Council was announced, Christians, whether Catholics or not, began to hope that union could again be achieved there, or that, at least, measures would be taken for greater mutual understanding and greater charity among the different Christian confessions. Let us not disappoint the hopes of all those who are expecting from the Council a new direction in relations among Christians, as they are excellently codified in the schema that the Commission on the Eastern Churches proposes to us. It is a truly ecumenical schema for which I am happy to offer the commission my congratulations.

The Very Reverend Hilarion Capucci, then Superior General of the Aleppine Basilian Order, in his intervention before the Council on November 28, 1963, also demonstrated the opportunity for easing the discipline of communicatio in sacris.

In relation to what is said in Chapter 2, No. 7 of the schema "De Oecumenismo," and considering the particular circumstances in which Catholic communities in the East are living and their relations with their Orthodox brethren, may I be permitted to make the following general remarks on the subject of communicatio in sacris with our brethren who are separated from us. The discipline now in force and the text of this same paragraph 7 seem totally inadequate. The ecumenical, social, and apostolic situation in which we live in the East demands a broadening of this discipline and a corresponding text in the schema.

The ecumenical aspect – A broadening of communicatio in sacris truly facilitates the outcome of the ecumenical movement. We are daily witnesses of the reactions of our Orthodox brethren in the face of the current prohibitions: reactions of repugnance, revolt, and antipathy. On the contrary, nothing thaws hearts and brings them closer like united invocation of the same Lord.

The social aspect. Social and familial bonds unite us to our Orthodox brethren. Within the same family do we not often encounter both Orthodox elements and Catholic elements? Now, in the East, the social and the religious are intimately linked, and we often face extremely painful situations for the consciences of Catholics, both clergy and faithful, and for peace and union within the same family. These situations are offensive and repugnant for our separated brethren and scandalous for non-Christians. Our Christians cannot understand how, while we exhort them to be united in matters relating to trade union, social, political, and educational action, and to love and esteem one another, we forbid them in conscience to participate in those religious realities that are the meaning and strength of human life and activity. Thus, there is a scandal that is contrary to the one envisioned by the discipline that strictly forbids communicatio in sacris, which is under discussion. It is not so much communicatio in sacris that causes scandal, but rather its refusal imposed on them in conscience that scandalizes them.

For centuries we have been living side by side with our Orthodox brethren. Far more, even before the official constitution of our hierarchical structure, numerous Catholic elements united to Rome have never ceased existing within the very bosom of general Orthodoxy. Our pastoral experience shows us that it is rather our brethren who come to us, and the very rare cases of Catholics turning to Orthodoxy do not in any way stem from communicatio in sacris. It is thanks to the preaching and the general apostolate of Latin missionaries in Orthodox churches, and to the jurisdiction received by them from Orthodox bishops that the Catholic movement developed.

The apostolic aspect – Our Christian divisions, solidified before the non-Christian public by these rigid barriers in the matter of communicatio in sacris, are a great scandal to non-Christians, our shame and our weakness in their eyes, and one of the major obstacles to their conversion. On the other hand, it is a requirement for the salvation of souls: for Orthodox Christians sometimes left without sacraments; for Catholics in this same situation; for Orthodox students in our schools, accustomed to us, trusting us and depending on us to teach them to live in grace... How can we remain pastorally insensitive in the face of situations such as these?

However:

1. We do not lose sight of the possibility of a danger of indifferentism or scandal, correctly stated, in individual cases.

2. We also understand that the Fathers of the Western Church can have a different attitude from ours, either because the regional circumstances are different or because attitudes toward our separated brethren cannot be uniform, or because in one country or another the problem does not arise or is less severe.

3. We understand that certain Eastern Catholic communities with no Orthodox branch, or that are less closely linked to that branch, are less sensitized in regard to this problem than we are.

Therefore, realizing that the demands of divine law must be strictly observed, and that, on the other hand, the presumption of a common peril of indifference or scandal, correctly stated, which is the basis of this ecclesiastical discipline, is not sufficiently established in practice in our regions and in our relations with our Orthodox brethren, but on the contrary is harmful;

We propose:

1. that communicatio in sacris prohibited by divine law be strictly forbidden, that is to say: a) when this communicatio in sacris means, for the Catholic conscience, formal adherence to schism or to heresy; b) in case there is danger of scandal or indifferentism; or c) when, in the Christian sense, it is the expression of a unity already realized, as would be in concelebration of the Sacred Mysteries;

2. that while purely ecclesiastical legislation in the matter of communicatio in sacris remains intact as a general rule, the power of the Ordinary be recognized in individual cases, and also the power of a patriarchal holy synod or of an episcopal conference for a specific region to dispense from it, motivated by pastoral wisdom and with regard to the multiple circumstances of fact that can legitimize such a dispensation;

3. that legislative measures be taken with the view of removing the clause of invalidity affecting mixed marriages celebrated before a non-Catholic minister.