Catholic clergy
Ordained Catholic clergymen are deacons, priests, or bishops, i.e., they belong to the diaconate, the presbyterate, or the episcopate. Among bishops, some are metropolitans, archbishops, or patriarchs, and the Pope is a bishop. With rare exceptions, cardinals are bishops, although it was not always so; formerly, some cardinals were unordained laymen and not clergymen. The Holy See supports the activity of its clergy by the "Congregation for the Clergy" ([1]), an organ of Roman curia.
Canon law indicates (canon 107) that "by divine institution, there are in the Church [Latin: Ecclesia] clergy [Latin: clerices] distinguished from laics". This distinction of a separate class was formed in the early times of Christianity; one early source reflecting this distinction is the writings of St. Ignatius of Antioch. The original clerics were the bishops (the Twelve Apostles) and the deacons (their seventy appointed assistants); the presbyterate actually developed as a sort of semi-bishop (cf. the disused chorepiskopos, "rural bishop").
Catholic clerical organisation is hierarchical in nature: After the tonsura (by which a man formally becomes a clericus), are the 4 minor orders (ostiary, lectorate, order of exorcists, order of acolytes), the 3 major orders (subdiaconate, diaconate, and presbyterate) and finally the episcopate, which is defined in Catholic doctrine as "the fullness of Holy Orders". Minor orders are today mainly a symbolic passage and a requirement for the major orders, and have no special power.
Stricto sensu only those who have been consecrated to the holy ministry after the tonsura are part of the clergy, but in time the term has been used with wider meanings; in common language it includes all the people consecrated to God. Questions regard monks and nuns as eventually part of clergy, after a consolidated habit of the same Roman Catholic Church (especially in recent times and even in formal acts) of simply sharing God's people in clergy and laics only, and certainly monks and nuns are not laics having being consecrated and having had their tonsura (for nuns there is an equivalent ceremony).
The administration of sacramentss seems to be the real distinguishing element, and in this sense monks should be considered part of clergy, while nuns would not. Ordination to Holy Orders is considered one of the Seven Sacraments of Divine institution by Catholic doctrine, in many ways directly comparable to Holy Matrimony (i.e., marriage).
During the Middle Ages however, the term was used to indicate all the people with an education (having education been an exclusive privilege of clergy for long epochs) and the term also survives in some students' organisations in some ancient universities (such as Goliardia, where they are often called clerici vagantes).
The term clerici vagantes comes indeed from the clerics that before 12th century were commanded at the service of a determined church (incardinatio); after that time, they were not forced any more to reside in the church (if they had no privileges or other related rights), and they could go living and residing wherever they liked (then vagantes, wandering).
The Council of Trent vainly tried to abolish this use, and only in recent times the rule was restored that a clericus has a perpetual and absolute obligation to serve the diocese or the Order to which he is assigned; only with a special authorisation he can be accepted in the jurisdiction of another diocese or of another Order.
Current canon law prescribes that to be ordained a priest, an education is required of two years of scholastic philosophy study, and 4 years of theology; dogmatic and moral theology, the Holy Scriptures, and canon law have to be studied inside a seminary. This reflects the scholastic and intellectual traditions of the Latin Church.
Oaths of celibacy and obedience are required as a condition for admittance (and persistence) in the Catholic Latin Rite; this is a disciplinary and administrative rule rather than a dogmatic and doctrinal one. Celibacy has taken many forms in different times and places. The Council in Trullo (Quinisextum Concilium) in 692 barred bishops from marrying, but did not prevent married men from becoming priests and excommunicated those deacons who would have divorced because ordained. This rule is still followed for ordained deacons in the Latin Rite, as well as for priests in the Eastern Rites. Married men are not ordained priests in the Latin Rite, although some married priests do exist who were ordained in the Anglican church and later received into the Roman Catholic Church.
Clergy have four classical rights:
- Right of Canon: whoever commits real violence on the person of a clergyman, commits a sacrilege. This decree was issued in a Lateran Council of 1097 (requested by Pope Urban II), then renewed in the Lateran Council II (1139).
- Right of Forum: by this right clergy may be judged by ecclesiastical tribunals only. Emperor Constantine I granted this right for bishops, which was subsequently extended to the rest of the clergy by Imperial Decree.
- Right of Immunity: clergy cannot be called for military service or for duties or charges not compatible with his role.
- Right of Competence: a certain part of the income of clergy, necessary for sustenance, cannot be sequestered by any action of creditors.
The extent to which these rights are recognised at law varies dramatically from country to country, with traditionally Catholic countries being more inclined to respect these rights.