Actus formalis defectionis ab Ecclesia catholica
Encyclopedia
Actus formalis defectionis ab Ecclesia catholica (Latin
: "formal act of defection
from the Catholic Church") was the action alluded to in canons 1086, 1117 and 1124 of the Code of Canon Law from 1983 to 2009, by which someone formally, and not just de facto, left the Catholic Church. These canons indicated some juridical effects of such an act. A notification from the Pontifical Council for Legislative Texts
in 2006 specified in what the act consisted. Such an act of defection is different in both cause and effect from excommunication
.
The 2006 notification ruled that such declarations did not necessarily indicate a decision to abandon the Church in reality. It laid down that only the competent bishop
or parish priest
was to judge whether the person genuinely intended to leave the Church through an act of apostasy
, heresy
, or schism
. It also pointed out that single acts of apostasy, heresy or schism (which can be repented) do not necessarily involve also a decision to leave the Church, and so "do not in themselves constitute a formal act of defection if they are not externally concretized and manifested to the ecclesiastical authority in the required manner."
The notification required therefore that the decision to leave the Church had to be manifested personally, consciously and freely, and in writing, to the competent Church authority, who was then to judge whether it was genuinely a case of "true separation from the constitutive elements of the life of the Church ... (by) an act of apostasy, heresy or schism."
If the bishop or parish priest decided that the individual had indeed made a formal act of defection from the Catholic Church – making a decision on this matter would normally require a meeting with the person involved – the fact of this formal act was to be noted in the register of the person's baptism
. This annotation, like other annotations in the baptismal register, such as those of marriage or ordination, was unrelated to the fact of the baptism: it was not a "debaptism" (a term sometimes used journalistically): the fact of having been baptized remained a fact, and the Catholic Church holds that baptism marks a person with a seal or character
that "is an ontological and permanent bond which is not lost by reason of any act or fact of defection".
Omnium in mentem of 26 October 2009 removed from the canons in question all reference to an act of formal defection from the Catholic Church. Accordingly, "it is no longer appropriate to enter attempts at formal defection in the sacramental records since this juridic action is now abolished. "
In late August 2010, the Holy See confirmed that it was no longer possible to defect formally from the Catholic Church. However, the Roman Catholic Archdiocese of Dublin
declared on 12 October 2010 that it intended to keep a register of those who expressed the wish to defect. Since this fell short of making an annotation in the baptismal register, CountMeOut, an association in the archdiocese that had been promoting formal defections from the Catholic Church thereupon ceased to provide defection forms.
Although the act of "formal defection" from the Catholic Church has thus been abolished, "public defection" from the Catholic faith or from the communion of the Church is of course possible, as is expressly recognized in the Code of Canon Law. Even private defection is subject to the automatic spiritual penalty of excommunication
laid down in canon 1364 of the Code of Canon Law.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
: "formal act of defection
Defection
In politics, a defector is a person who gives up allegiance to one state or political entity in exchange for allegiance to another. More broadly, it involves abandoning a person, cause or doctrine to whom or to which one is bound by some tie, as of allegiance or duty.This term is also applied,...
from the Catholic Church") was the action alluded to in canons 1086, 1117 and 1124 of the Code of Canon Law from 1983 to 2009, by which someone formally, and not just de facto, left the Catholic Church. These canons indicated some juridical effects of such an act. A notification from the Pontifical Council for Legislative Texts
Pontifical Council for Legislative Texts
The Pontifical Council for Legislative Texts is part of the Roman Curia. Its work "consists mainly in interpreting the laws of the Church". ....
in 2006 specified in what the act consisted. Such an act of defection is different in both cause and effect from excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
.
Procedure
The Catholic Church in Germany and some other countries previously treated as such an act the declaration that some made to the civil authorities for the purpose of avoiding the extra tax traditionally collected by the state for the benefit of whatever Church the tax-payer was a member of. The Church in those countries considered people who made this declaration as no longer entitled to the privileges of membership of the Church, such as having a wedding in church.The 2006 notification ruled that such declarations did not necessarily indicate a decision to abandon the Church in reality. It laid down that only the competent bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
or parish priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
was to judge whether the person genuinely intended to leave the Church through an act of apostasy
Apostasy
Apostasy , 'a defection or revolt', from ἀπό, apo, 'away, apart', στάσις, stasis, 'stand, 'standing') is the formal disaffiliation from or abandonment or renunciation of a religion by a person. One who commits apostasy is known as an apostate. These terms have a pejorative implication in everyday...
, heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
, or schism
Schism (religion)
A schism , from Greek σχίσμα, skhísma , is a division between people, usually belonging to an organization or movement religious denomination. The word is most frequently applied to a break of communion between two sections of Christianity that were previously a single body, or to a division within...
. It also pointed out that single acts of apostasy, heresy or schism (which can be repented) do not necessarily involve also a decision to leave the Church, and so "do not in themselves constitute a formal act of defection if they are not externally concretized and manifested to the ecclesiastical authority in the required manner."
The notification required therefore that the decision to leave the Church had to be manifested personally, consciously and freely, and in writing, to the competent Church authority, who was then to judge whether it was genuinely a case of "true separation from the constitutive elements of the life of the Church ... (by) an act of apostasy, heresy or schism."
If the bishop or parish priest decided that the individual had indeed made a formal act of defection from the Catholic Church – making a decision on this matter would normally require a meeting with the person involved – the fact of this formal act was to be noted in the register of the person's baptism
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
. This annotation, like other annotations in the baptismal register, such as those of marriage or ordination, was unrelated to the fact of the baptism: it was not a "debaptism" (a term sometimes used journalistically): the fact of having been baptized remained a fact, and the Catholic Church holds that baptism marks a person with a seal or character
Sacramental character
According to Roman Catholic Church teaching, a sacramental character is an indelible spiritual mark imprinted by three of the seven sacraments: Baptism, Confirmation, and Holy Orders....
that "is an ontological and permanent bond which is not lost by reason of any act or fact of defection".
Abolition
The motu proprioMotu proprio
A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....
Omnium in mentem of 26 October 2009 removed from the canons in question all reference to an act of formal defection from the Catholic Church. Accordingly, "it is no longer appropriate to enter attempts at formal defection in the sacramental records since this juridic action is now abolished. "
In late August 2010, the Holy See confirmed that it was no longer possible to defect formally from the Catholic Church. However, the Roman Catholic Archdiocese of Dublin
Roman Catholic Archdiocese of Dublin
The Metropolitan Archdiocese of Dublin, , is a Roman Catholic archdiocese in eastern Ireland centred around the republic's capital city – Dublin. The see of Dublin was raised to the status of a Metropolitan Province by the Synod of Kells in 1152. Its jurisdiction includes much of the Province of...
declared on 12 October 2010 that it intended to keep a register of those who expressed the wish to defect. Since this fell short of making an annotation in the baptismal register, CountMeOut, an association in the archdiocese that had been promoting formal defections from the Catholic Church thereupon ceased to provide defection forms.
Although the act of "formal defection" from the Catholic Church has thus been abolished, "public defection" from the Catholic faith or from the communion of the Church is of course possible, as is expressly recognized in the Code of Canon Law. Even private defection is subject to the automatic spiritual penalty of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
laid down in canon 1364 of the Code of Canon Law.
Official documents
- Ruling by Holy See on the matter 13 March 2006
- English translation of Omnium in mentem removing from the Code of Canon Law the formal act of defection
- Abolition of the process