Last week’s post examined Pope Francis’ intervention in granting priests the habitual faculty to absolve abortion. Today’s post examines Ecclesia supplet, a principle that has often been misapplied to conceal mistakes or justify the shortcomings of ministers and ecclesiastical officeholders.
Meaning
Eccelsia supplet or supplet Ecclesia translates as “the Church supplies”, and it means that the Church supplies the necessary power or authority when an ecclesiastical office holder has placed an act for which he or she had no authority. It plays out in three ways: when the person acting was not given the power to act, or was ineffectively given the power to act, or had placed an act after the expiration of the power granted.
Unlike sanatio in radice, which heals an already existing invalid act, Ecclesia supplet is not a validation of an invalid act but the transfer of the power of governance. It is the supply of jurisdiction or a necessary faculty lacking in a minister or an ecclesiastical office holder, ensuring the validity of sacraments celebrated or other ecclesiastical acts performed for the good of the faithful. In other words, the principle prevents the act from becoming invalid in the first place.
Spirituality of canon law
Ecclesia supplet is rooted in the pastoral character of canon law, which aims to promote the spiritual good of individuals and the community.
It is a manifestation of the spirituality of canon law because it is a preventive intervention the Church puts in place to protect the faithful from the ill effects of invalid acts and promote the common good.
It ensures the faithful do not find themselves in an irregular situation due to invalidity of an act, which could undermine their reception of the sacraments and ultimately their journey of holiness.
Applicable cases
The principle is described in canon 144 §1, which reads: “In factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum” (supplet Ecclesia, pro tam externo quam interno, potestatem regiminis exsecutivam).
First and foremost, one must note that the Church can only supply when the person acting would have been capable of placing that act (habiles – cf. Can. 129). For instance, when it concerns the sacraments of the Eucharist, confirmation and penance, there is no discussion when the minister is a deacon because the deacon cannot celebrate any of these sacraments, even in the danger of death. Ecclesia supplet does not count because the Church cannot supply the priestly character when it is absent.
Second, although there are three powers of ecclesiastical governance—legislative, executive, and judicial (Can. 135 §1), the Church supplies only executive power of governance.
This means that the Church does not supply a law or a judgment. These have to follow the right procedure. Therefore, the Church does not supply when a minister omits parts of the celebration of the sacraments. If these omitted parts concern the matter and form, then the sacrament is invalid, even if they were celebrated by one legally capable of doing so.
Third, the law further restricts it to cases of legal or factual common error and positive and probable doubt of law or fact. An error is a false judgement concerning some matter. Ignorance is not the same as error, although it may lead a person to error. An error is common, rather than private, if, in a public circumstance, all reasonable people would naturally conclude that something is true even if it were not actually true. For instance, if a priest is not properly delegated to assist at a wedding (the people gathered for the wedding would naturally assume that he was properly delegated; otherwise, he would not be at the altar), the Church supplies the executive power required to be properly delegated so that the marriage celebrated will not be invalid.
Doubt is a state of indecision regarding two contradictory conclusions. It is positive when there is a sound reason to believe in one or both decisions. It is probable when the reason in question is serious and well-founded. The doubt might concern a law—its existence, binding force, meaning, extension, or cessation. It might also concern a fact—for instance, whether a particular individual is in danger of death. Ignorance or an omission of some requirements can lead to an invalid celebration of a sacrament.
Specific cases
To avoid confusion regarding the extent of the application of this principle, canon 144 §2 explicitly provides three specific situations in which the Church supplies executive power of governance.
The first is in administering the sacrament of confirmation. Although the bishop is the ordinary minister, a priest (presbyter) can administer the sacrament if mandated by the bishop. This faculty is executive power, and the Church supplies the executive power in the context of the priest celebrating the sacrament when the mandate has ended or the bishop has ineffectively mandated him to do so. This also explains why any priest can validly celebrate the sacrament if the candidate is in danger of death (Cann. 882-883).
The second is the faculty to absolve sins. Priests require the faculty of penance after ordination to validly celebrate the sacrament (Can. 966). However, the Church supplies this faculty if a local Ordinary or superior (cf. Can. 969) forgets to grant it or does so ineffectively.
The third is the faculty to assist at marriages. Canon 1108 §1 provides that only the local Ordinary or the parish priest and those they delegate can validly assist at a Church marriage within their territory. As noted above, the Church supplies the faculty (delegation) if there is a common error or probable and positive doubt about the delegation (Can. 1111 §1).
Canon 596 §3 also provides that the principle of Ecclesia supplet also applies to the executive power of governance of superiors and Chapters of institutes of consecrated life.
May God continue to help us.🙏🏾
K’ọdị🙋🏾♂️
