What is "Omnium in mentem"?

"Omnium in mentem" is the Latin *incipit*, or opening phrase, of a *motu proprio* issued by Pope Benedict XVI. This papal document, dated October 26, 2009, and published on December 15, 2009, modified five specific canons within the 1983 Code of Canon Law.

What is a *motu proprio*?

A *motu proprio* is a document issued directly by the Pope on his own initiative, signifying a personal legislative act. It is a formal way for the Pope to enact changes or make declarations concerning Church law or governance.

What was the primary objective of the *motu proprio* "Omnium in mentem"?

The primary objective of "Omnium in mentem" was to amend specific canons within the 1983 Code of Canon Law. These amendments primarily concerned the sacraments of holy orders and marriage.

Which Pope issued "Omnium in mentem"?

The *motu proprio* "Omnium in mentem" was issued by Pope Benedict XVI.

On what dates was "Omnium in mentem" issued and published?

Pope Benedict XVI issued "Omnium in mentem" on October 26, 2009, and it was published on December 15, 2009.

How many canons were modified by "Omnium in mentem"?

The *motu proprio* "Omnium in mentem" modified a total of five canons within the 1983 Code of Canon Law.

What were the two main subject areas of canon law affected by "Omnium in mentem"?

The *motu proprio* "Omnium in mentem" primarily affected canons related to the sacrament of holy orders and the sacrament of marriage.

What was the original wording of Canon 1008 concerning the sacrament of order?

The original text of Canon 1008 stated that through the sacrament of order, certain faithful are constituted as sacred ministers, marked with an indelible character, and are consecrated and deputed to fulfill, in the person of Christ the Head, the offices of teaching, sanctifying, and ruling, thereby nourishing the people of God.

What ambiguity was identified in the original Canon 1008 regarding holy orders?

The original wording of Canon 1008 seemed to attribute the function of acting "in the person of Christ the Head" not only to bishops and priests but also to deacons, creating a perceived ambiguity about their distinct roles.

What clarification did "Omnium in mentem" add to Canon 1009 regarding holy orders?

A new paragraph (§3) was added to Canon 1009, clarifying that those ordained to the episcopate or presbyterate receive the office and faculty to act in the person of Christ the Head, while deacons receive the power to serve the people of God in the ministry (*diaconia*) of liturgy, word, and charity.

What specific role is assigned to bishops and presbyters in the revised Canon 1009?

According to the revised Canon 1009, bishops and presbyters receive the office and faculty of acting in the person of Christ the Head.

Which three canons concerning marriage were modified by "Omnium in mentem"?

The three marriage canons modified by "Omnium in mentem" were Canon 1086 §1, Canon 1117, and Canon 1124.

What specific clause was removed from these three marriage canons?

The clause removed from Canons 1086 §1, 1117, and 1124 was "and has not by a formal act defected from it" (in Latin, *nec actu formali ab ea defecerit*).

How did the removal of the clause affect Canon 1086 §1 regarding marriage validity?

Canon 1086 §1 addresses the invalidity of marriage when one party is Catholic and the other is not baptized. By removing the clause, the marriage is now invalid if one party was baptized Catholic or received into the Church and has not defected, irrespective of any subsequent formal defection.

What impact did the removal of the clause have on Canon 1117 concerning the canonical form of marriage?

Canon 1117 requires adherence to the canonical form for marriage if at least one party was baptized Catholic or received into the Church and has not defected. The removal of the clause means this requirement applies even if the Catholic party later formally defects from the Church.

How did the modification of Canon 1124 affect marriages between Catholics and members of other ecclesial communities?

Canon 1124 prohibits marriage between two baptized persons if one is Catholic (or received into the Church) and has not defected, and the other belongs to a non-Catholic community, without specific permission. The removal of the clause means this prohibition applies even if the Catholic party later formally defects.

What is understood by a "formal act of defection" from the Catholic Church?

A "formal act of defection" refers to a deliberate and explicit action taken by an individual to leave the Catholic Church, distinguishing it from simply ceasing to practice the faith. The precise definition was clarified by the Pontifical Council for Legislative Texts in 2006.

Which body clarified the meaning of a "formal act of defection"?

The precise meaning of "formal act of defection" was clarified in a notification from the Pontifical Council for Legislative Texts on March 13, 2006.

What was the status of marriages contracted by Catholics who formally defected before "Omnium in mentem"?

Prior to the implementation of "Omnium in mentem," a marriage contracted in violation of the specified canons by a Catholic who had formally defected was considered valid in the eyes of the Church, even if they were not reconciled.

How did "Omnium in mentem" alter the Church's view on marriages of formerly defected Catholics who later reconcile?

The *motu proprio* removed the exemption for those who formally defected. Consequently, if such a person later reconciles with the Church, their previous civil marriage is no longer automatically considered valid by the Church, potentially freeing them to marry within the Church.

What is the significance of the *incipit* "Omnium in mentem"?

The *incipit* "Omnium in mentem," meaning "To everyone's attention" in Latin, serves as the title for this papal document, a common practice for papal pronouncements that indicates the subject matter.

What does the term *sacrament of order* refer to in Catholic canon law?

The *sacrament of order*, also known as Holy Orders, is one of the seven sacraments of the Catholic Church that confers an indelible spiritual mark and consecrates individuals as deacons, priests, or bishops to serve the Church.

What does the term *sacrament of marriage* refer to in Catholic canon law?

The *sacrament of marriage* is a covenant between a man and a woman, ordered towards the good of the spouses and the procreation and education of children. It is recognized as a sacred bond within the Catholic Church.

What is the difference in ministerial function between bishops/presbyters and deacons as clarified by "Omnium in mentem"?

The clarification states that bishops and presbyters act "in the person of Christ the Head," signifying their authority in teaching, sanctifying, and ruling. Deacons, however, are empowered to serve in the ministry (*diaconia*) of liturgy, word, and charity.

What does the Latin phrase *nec actu formali ab ea defecerit* translate to?

The Latin phrase *nec actu formali ab ea defecerit* translates to "and has not by a formal act defected from it" in English.

What is the role of the Pontifical Council for Legislative Texts in relation to canon law?

The Pontifical Council for Legislative Texts is responsible for interpreting canon law and ensuring its clarity. It issued a significant notification in 2006 that defined the meaning of a "formal act of defection" from the Catholic Church.

What is the significance of the year 1983 mentioned in the text?

The year 1983 refers to the promulgation of the current Code of Canon Law for the Latin Church, which replaced the earlier 1917 Code. "Omnium in mentem" specifically amended canons within this 1983 Code.

What does the term *diaconia* mean in the context of the Church's ministry?

*Diaconia* is a Greek term meaning service or ministry. In the context of deacons, it refers to their specific role in serving the Church through liturgy, preaching, and acts of charity.

What does the phrase "indelible character" signify regarding the sacrament of order?

The "indelible character" signifies that the sacrament of Holy Orders imprints a permanent, spiritual mark on the soul, making the ordination a permanent and unrepeatable gift of grace that consecrates the recipient for ministry.

How does the concept of "validity" apply to marriages in Catholic canon law?

In Catholic canon law, a marriage is considered valid if it meets all the essential legal and canonical requirements established by the Church. If these requirements are not met, the marriage is deemed invalid (null), meaning it never existed as a sacramental union from its inception.

What is the difference between a *de facto* defection and a *formal* act of defection?

A *de facto* defection might involve a person ceasing to practice the faith or acting contrary to Church teachings without a formal declaration. A *formal* act of defection is a deliberate, explicit action taken to sever ties with the Church, often involving specific procedures.

What is the purpose of the canonical form required for marriage?

The canonical form ensures that marriages are celebrated publicly and with proper oversight according to Church law, safeguarding the sacrament and providing clarity on its validity. It typically involves a specific ceremony before a priest or deacon and witnesses.

What does "competent authority" refer to in Canon 1124?

The "competent authority" refers to the ecclesiastical official, usually the diocesan bishop or someone delegated by him, who has the power to grant permissions or dispensations for marriages that might otherwise be prohibited by canon law.

What is the significance of the phrase "without prejudice to the provisions of can. 1127 §2" in Canon 1117?

This phrase indicates that while Canon 1117 sets a general rule for the canonical form of marriage, specific exceptions or additional rules found in Canon 1127 §2 must also be considered. Canon 1127 §2 pertains to marriages involving non-baptized persons and dispensations from the canonical form.

What is the relationship between "Omnium in mentem" and the Code of Canons of the Eastern Churches?

The text notes that the ambiguity found in Canon 1008 of the Latin Code of Canon Law was not present in the corresponding canons of the Code of Canons of the Eastern Churches, suggesting the modifications made by "Omnium in mentem" were specific to the Latin Code.

What does the term *incipit* mean in the context of official documents?

An *incipit* is the opening word or phrase of a formal document, often used as its title. This practice is common for papal documents like bulls, encyclicals, and *motu proprio*.

What does the term *episcopate* refer to?

The *episcopate* refers to the order of bishops, who hold the highest degree of the sacrament of Holy Orders and are considered successors to the Apostles, possessing the fullness of the priesthood.

What does the term *presbyterate* refer to?

The *presbyterate* refers to the order of priests, who share in the priesthood of bishops and are ordained to assist them in their ministry, serving the People of God through teaching, sanctifying, and governing.

What is the general purpose of modifying canons in the Code of Canon Law?

Modifying canons serves to clarify existing laws, resolve ambiguities, adapt Church discipline to contemporary needs, or reinforce specific theological teachings, ensuring that canon law effectively guides the life and mission of the Church.

What does the term *sacred ministers* imply in Canon 1008?

The term *sacred ministers* refers to those ordained through the sacrament of Holy Orders (deacons, priests, and bishops) who are set apart for specific functions within the Church, distinct from the laity.

What is the significance of the phrase "in the person of Christ the Head"?

This phrase signifies the unique authority and representation given to bishops and priests, enabling them to act with Christ's own authority in the Church, particularly in the administration of sacraments and in teaching and governance.

What is the difference between validity and *liceity* in Catholic canon law?

Validity refers to whether an act, such as a marriage or sacrament, meets the essential requirements to be legally recognized by the Church. *Liceity* refers to whether the act is performed in accordance with all specific Church laws and regulations. An act can be valid but not licit.

What is the role of the *Actus formalis defectionis ab Ecclesia catholica* article mentioned?

The article *Actus formalis defectionis ab Ecclesia catholica* is referenced as providing detailed information on the precise meaning of a "formal act of defection" from the Catholic Church, a concept crucial to understanding the changes made by "Omnium in mentem" to marriage canons.

How did the removal of the clause "and has not by a formal act defected from it" impact the Church's recognition of marriages?

The removal of this clause means that the Church no longer automatically considers marriages valid if contracted by a Catholic who had formally defected, even if they later reconcile. This change affects the Church's assessment of marital status for individuals who have gone through such a process.

What is the purpose of the external links provided with the text?

The external links provide direct access to the original Latin text of the *motu proprio* "Omnium in mentem" and its official English translation, allowing readers to consult the primary source documents.

Omnium In Mentem Wiki: Theological Jurisprudence: Deconstructing Omnium in Mentem

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Introduction to Omnium in mentem

The Document and Its Purpose

Omnium in mentem, Latin for "To everyone's attention," is a significant motu proprio issued by Pope Benedict XVI on October 26, 2009. This apostolic letter, published on December 15, 2009, formally amended five specific canons within the 1983 Code of Canon Law. Its primary objective was to clarify and refine certain aspects of Church law, particularly concerning the sacraments of Holy Orders and Marriage, ensuring greater precision in their application and understanding.

Modifications to Holy Orders

The motu proprio addressed the theological and juridical distinctions within the sacrament of Holy Orders. Specifically, it revised Canon 1008 and introduced a clarifying paragraph to Canon 1009. These changes aimed to precisely delineate the ministerial functions conferred by the sacrament, ensuring that the unique roles of bishops, priests, and deacons are accurately represented within the canonical framework. The intent was to avoid ambiguity regarding who acts in persona Christi Capitis (in the person of Christ the Head).

Revisions Pertaining to Marriage

In addition to the changes concerning Holy Orders, Omnium in mentem also modified three canons related to the sacrament of Marriage. These revisions focused on the conditions under which a marriage is considered valid or prohibited, particularly concerning individuals who were baptized Catholic or received into the Church but subsequently formally defected from it. The amendments sought to clarify the canonical status of such individuals in relation to marriage law.

Clarifying Holy Orders

Canon 1008: Indelible Character

The original text of Canon 1008 stated that through the sacrament of order, certain faithful are marked with an indelible character and constituted as sacred ministers, performing the offices of teaching, sanctifying, and ruling in the person of Christ the Head. However, this phrasing inadvertently suggested that deacons, alongside bishops and priests, also acted in persona Christi Capitis. The motu proprio revised the concluding phrase to read more generically: "...so that, each according to his own grade, they serve the People of God with a new and specific title." This adjustment ensures that the unique ministerial service of each order is acknowledged without conflating the specific priestly and episcopal function.

Canon 1009: Defining Ministerial Roles

To further clarify the distinctions, Pope Benedict XVI added a third paragraph to Canon 1009. This new provision explicitly states: "§3. Those who are constituted in the order of episcopate or presbyterate receive the office and faculty of acting in the person of Christ the Head, while deacons receive the power to serve the people of God in the diaconia of liturgy, word and charity." This addition provides a precise canonical articulation of the distinct roles and faculties associated with the three orders, reinforcing the hierarchical and functional structure of the ordained ministry within the Church.

Revisions to Marriage Law

Removing the "Formal Defection" Clause

Omnium in mentem removed the specific clause "and has not by a formal act defected from it" (nec actu formali ab ea defecerit) from three key canons related to marriage: Canon 1086 §1, Canon 1117, and Canon 1124. This clause previously exempted individuals who had formally defected from the Catholic Church from certain marriage regulations.

Canon 1086 §1: Validity of Marriage

Original Text (with clause): "A marriage is invalid when one of the two persons was baptised in the catholic Church or received into it and has not by a formal act defected from it, and the other was not baptised."
Impact of Removal: By removing the clause, the canon now applies more broadly. A marriage between a baptized Catholic (who has not formally defected) and an unbaptized person is invalid unless a dispensation is granted, regardless of whether the Catholic has formally defected or not. This standardizes the requirement for both parties to be baptized for a valid sacramental marriage within the Church, unless specific exceptions apply.

Canon 1117: Canonical Form

Original Text (with clause): "The form prescribed above is to be observed if at least one of the parties contracting marriage was baptised in the catholic Church or received into it and has not by a formal act defected from it, without prejudice to the provisions of can. 1127 §2."
Impact of Removal: This canon mandates the observance of the canonical marriage form (e.g., before a priest or deacon and witnesses) if at least one party is Catholic (or was received into the Church) and has not formally defected. The removal of the clause means that the requirement for canonical form now applies more broadly, potentially affecting individuals who might have previously been considered outside its scope due to formal defection.

Canon 1124: Prohibited Marriages

Original Text (with clause): "Without the express permission of the competent authority, marriage is prohibited between two baptised persons, one of whom was baptised in the catholic Church or received into it after baptism and has not defected from it by a formal act, the other of whom belongs to a Church or ecclesial community not in full communion with the catholic Church."
Impact of Removal: This prohibition concerns mixed marriages (between a Catholic and a non-Catholic Christian). The removal of the "formal defection" clause means that the prohibition against marrying someone from a non-Catholic ecclesial community without permission now applies even if the Catholic party has formally defected. This aligns the treatment of formally defected Catholics with that of other Catholics regarding mixed marriages.

Clarifying "Formal Act of Defection"

The Notification of 2006

The precise meaning of "defecting from the Catholic Church by a formal act" was a subject of canonical interpretation. A significant clarification came from the Pontifical Council for Legislative Texts in a notification dated March 13, 2006. This document specified that a "formal act" requires a deliberate decision, expressed externally, to abandon the Catholic Church and join another religious community or to reject the fundamental tenets of the faith.

This notification distinguished between a de facto departure (simply ceasing to practice or identify as Catholic) and a de jure, formal act. The motu proprio Omnium in mentem, by removing the clause, effectively broadened the scope of the canons, making the previous distinction less relevant for the application of these specific marriage laws.

Canonical Implications

Prior to Omnium in mentem, a Catholic who had performed a formal act of defection was, in the eyes of the Church, no longer bound by certain canonical obligations, including those related to the form of marriage or prohibitions against mixed marriages. The motu proprio removed this exemption for the specific canons mentioned. This means that even if a person has formally defected, if they later seek to marry within the Church or have their marriage recognized by the Church, they must adhere to the relevant canonical norms, unless specific dispensations or reconciliations have occurred.

The change underscores the Church's juridical understanding of membership and the ongoing relevance of its laws, even for those who have formally separated themselves from its communion. Reconciliation with the Church would, of course, restore full standing and obligations.

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References

Qui constituti sunt in ordine episcopatus aut presbyteratus missionem et facultatem agendi in persona Christi Capitis accipiunt, diaconi vero vim populo Dei serviendi in diaconia liturgiae, verbi et caritatis (article 2 of the motu proprio)

English translation of canon 1086 Â§1 (1983 text)

English translation of canon 1117 (1983 text)

English translation of canon 1124 (1983 text)

A full list of references for this article are available at the Omnium in mentem Wikipedia page

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Disclaimer

Important Notice

This document has been generated by an Artificial Intelligence and is intended for academic and informational purposes only. The content is derived from publicly available data and aims to provide a scholarly overview of the motu proprio "Omnium in mentem."

This is not professional legal or theological advice. The information presented here is not a substitute for consultation with qualified canon lawyers, theologians, or Church authorities. The complexities of canon law require expert interpretation, and this resource should not be relied upon for definitive legal or pastoral guidance. Always consult official Church documents and qualified professionals for specific matters.

The creators of this page are not responsible for any errors, omissions, or for any actions taken based on the information provided herein. The interpretation and application of canon law remain within the purview of the competent ecclesiastical authorities.

Omnium in mentem

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Introduction to Omnium in mentem ℹ️

📜 The Document and Its Purpose

👨‍🏫 Modifications to Holy Orders

💍 Revisions Pertaining to Marriage

Clarifying Holy Orders 👨‍🏫

⚖️ Canon 1008: Indelible Character

➡️ Canon 1009: Defining Ministerial Roles

Revisions to Marriage Law 💍

🚫 Removing the "Formal Defection" Clause

📜 Canon 1086 §1: Validity of Marriage

📜 Canon 1117: Canonical Form

📜 Canon 1124: Prohibited Marriages

Clarifying "Formal Act of Defection" 🤔

📝 The Notification of 2006

💡 Canonical Implications

Teacher's Corner 🧑‍🏫

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📜 Important Notice

Dive in with Flashcard Learning!

Introduction to Omnium in mentem

The Document and Its Purpose

Modifications to Holy Orders

Revisions Pertaining to Marriage

Clarifying Holy Orders

Canon 1008: Indelible Character

Canon 1009: Defining Ministerial Roles

Revisions to Marriage Law

Removing the "Formal Defection" Clause

Canon 1086 §1: Validity of Marriage

Canon 1117: Canonical Form

Canon 1124: Prohibited Marriages

Clarifying "Formal Act of Defection"

The Notification of 2006

Canonical Implications

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice