NEWSLETTER NO. 146 JUNE 2006
1. Civil Partnerships: Canonical
Implications [Mgr Gordon Read]
2. Ownership, Bankruptcy and the
Protection of Church Property [Mgr Gordon Read]
3. Account of a Parish Going into
Schism and the Administrative Consequences {Thomas A
Szyszkiewicz]
4. The Penal Process and the
Protection of Rights in Canon Law [Mgr Gordon Read]
5. Lex Ecclesia Fundamentalis
- 40 Years On [Mgr Ralph Brown]
6. Summary of the Report on the
Second Schema of the Lex Fundamentalis Ecclesiae
7. Absence from the Trial and the
Right of Defence [Mgr Gordon Read]
8. Rotal sentence coram
Turnaturi (15th December, 2005)
9. Another look at Simulation: The
Starter Marriage [Gabrielle Clendinning]
10. Review: "The Mystery of
Christian Marriage" by Fr Peter Jeffrey, CSSp [Mary Alicia
Sloan]
11. Obituary - Bishop Charles
Henderson [Mgr Richard Moth]
12. Panegyric preached at the
Requiem of Archbishop Marcinkus (2nd March, 2006) [Bishop Lynch
of St Petersburg]
In recent years a number of civil
jurisdictions have introduced new civil law institutions giving to
existing partnerships between individuals who are not married a
status which is akin to marriage. In some cases these arrangements
involve male and female partners; in other cases they involve
arrangements between two persons of the same sex. These partnerships
may or may not presuppose a sexual relationship.
Monsignor Gordon Read has prepared a treatment of this matter which
covers a very wide area. First of all he gives information from the
CDF document of 3 June 2003 called Considerations Regarding
Proposals to Give Legal Recognition to Unions Between Homosexual
Persons. Then he turns to the UK Civil Law Partnership Act 2004.
He considers the response of the Catholic Church of England and
Wales; and refers to the canonical implications; and the question of
such civil partnerships being an impediment to marriage. The
employment by the Church of people in civil partnerships is also
covered together with the relationships between clergy and religious
in civil partnerships. (See Document No.I).
There has been much news recently about
a variety of dioceses in the United States being sued for millions
of dollars. These claims have arisen through cases claiming damage
due to child abuse by clergy. We have quite an amount of information
about dioceses such as Portland, Oregon; Tucson in Arizona; and
Spokane in Washington State. Various ways have been adopted to deal
with these claims. In Document II Monsignor Read considers a variety
of consequences which may well be relevant to the situation in
England and Wales. Document No.III is an extract from a newspaper
The Catholic World Reporter - about the possibility of a parish
going into schism, and the property considerations of such a
situation. Readers may find interesting the following references to
Origins:
• 22 September 2005 (vol.35, no.15) The Spokane Appeal against a
Civil Bankruptcy Decision. This appeal has now been granted: cf
Zenit, 16 June 2006.
• 9 February 2006 (vol.35, no.34) Reflections on Bankruptcy Ruling
in the Portland Oregon case: 16 June 2006.
• 16 February 2006 (vol.35, no.35) Statement of Bishops of Colorado
Springs and of Pueblo, and the Archbishop of Denver, Colorado, on
the difference of Court treatment between employees of public bodies
as opposed to those of Catholic Institutions.
• 11 May 2006 (vol.35, no.47) The financial state of the Archdiocese
of Boston.
A set of papers under this title has
been produced following a recent Conference. The Conference was held
at the Pontifical University of The Holy Cross, Rome, between 25-26
March 2004. The production has been edited by Patricia Dugan, JD,
JCL. It has been published by Wilson and Lafleur, Montreal 2005.
(Outside Canada this is available from Midwest Theological Forum,
1420 Davey Road, Woodridge, Illinois 60517, USA; ISBN
2-89127-664-7).
Professor Lo Castro examines a number of issues of principle in the
“innocent until proved guilty”. Professor Llobell examines the
tension between upholding the interests of the victims of crime and
the rights of the accused. Professor Gullo expresses a fear about
the failure of Canon Law to honour the principle widely regarded as
graven in stone: i.e. the certainty of the crime and the imposition
of penalties on those acquitted. Archbishop de Paolis looks at the
notions of “offence” and “penalty”. Professor Cito writes about
prescription in penal law (statute of limitations). Professor
Caparos examines the interaction between Canon Law and State (civil)
Law. Professor Urru makes observations on some of the deficiencies
of the procedural norms of the Code that have recently become
apparent, especially keeping clear distinction between jurisdiction
of the Bishops and that of the Judge. The book is warmly welcomed by
Monsignor Read (see Document No.IV).
Forty years ago in July 1966, the
Commission for the Revision of the Code (established by Pope
John XXIII in March 1963) met and discussed the first draft of the
Lex Ecclesiae Fundamentalis. Following the Second Vatican
Council a question had been raised in connection with the Revision
of the Code (called for by Pope John XXIII in 1959). The question
was: should there be two Codes of Canon Law: one for the West and
one for the East? And if there were to be two Codes, should there be
a fundamental Code to precede the other two? Eventually in November
1965, a majority of Cardinals of the Code Commission decided on one
Code for the West and one Code for the East; and that there should
be a fundamental law preceding both. How did all this happen and in
spite of the fact that there are now in fact two Codes, one for the
East and one for the West, and there is no Lex Ecclesiae
Fundamentalis? (see Document No.V).
The Cork Regional Tribunal (in First
Instance) found in favour of a Petition of Nullity for Marriage on
13 December 2002. The case went to the National Appeal Tribunal of
Ireland and the decision was ratified on 16 February 2004. The
Respondent (who had earlier been declared absent from the
proceedings) lodged a plaint of nullity against the First and Second
Instance Sentences because of a denial of the right of defence. The
Cork Tribunal dealt with a process for nullity of Sentence; but
ruled against the plaint of nullity in the First Instance Sentence.
The case was then sent to the Rota by the Cork Tribunal. The Rota
eventually ruled against the Cork Tribunal’s decision (i.e. that the
original Sentence was not invalid) on 1st December 2005. The earlier
rejection of the plaint of nullity was commented upon by Monsignor
Gordon Read; but in the meanwhile, the Rotal Sentence became
available.
Consequently, Monsignor Read indicates
in Document No.VI that he is now adding to his original comments.
However, helpfully there is a translation into English of the Rotal
Decision (coram Turnaturi) at Document No.VII.
An American social researcher has put
forward a theory about marriage which she calls “The Starter
Marriage”. Pamela Paul in The Starter Marriage and the Future of
Matrimony quotes from another source namely S.Burchsted:
“Marriage will be multiple in the New Millennium” contained in the
periodical Insight on the News of 13 December 1999: “Within
the next one hundred years marriage will come to be seen as a
conscious evolutionary process that begins with the ‘icebreaker’
marriage. Icebreaker marriages (basically starter marriages) last no
longer than five years, during which time couples learn to live with
a partner and divorce without stigma ‘once disillusionment sets in’.
The second marriage is the ‘parenting marriage’, which lasts
fifteen to twenty years and ends when the children are grown up
and gone. This is followed by the ‘self-marriage’ in which one seeks
self-actualization without the burden of raising a family. Finally,
there’s the soul-matter connection marriage for the twilight years,
which is an equal partnership of spirituality and marital bliss”. A
paper was given at the 39th Annual Conference of the Canon Law
Society of Australia and New Zealand at the Geelong (12-15 September
2005) by Gabrielle Clendinning. (see Document No.VIII).
Not long before he died, Father Peter
Jeffery CSSp almost completed a book that he had been
working on for some time. The book was completed after his death and
has been published by Gracewing, Paulist Press. As a principle from
which the author works (and worked), he indicates that the Canonical
approach to marriage provides a quite inadequate basis for the
understanding of marriage. He contends that covenant, family and
permanence form part of a vocabulary which better conveys the
richness of Christian marriage. Mrs Mary Alicia Sloan has written a
penetrating review of the book (see Document No.IX).
Bishop Charles Henderson’s death was
Mentioned at the end of the CLSN for March 2006. However, there was
no time for the preparation of an appropriate obituary for him.
Monsignor Richard Moth, Vicar General of Southwark, has prepared the
obituary which appears at Document No. X. The Archbishop of
Southwark was sent the condolences of the Canon Law Society and he
replied with gratitude: “On behalf of the Archdiocese of Southwark,
I would like to thank you for your expression of sympathy and
condolence on the death of Bishop Charles Henderson. His passing is
a great loss to his family, to our diocese and to the Church in
England and Wales. He was also held in great esteem and affection by
fellow Christians in other Churches and by members of other
religions. His goodness, integrity and commitment left a deep
impression on countless people. We give thanks for his life and
service and pray with confidence that he will now enjoy the reward
of his labours. Yours sincerely, + Kevin McDonald, Archbishop of
Southwark.”
Many of the members who go back to 1982
were involved with the Papal Visit around the country. Involvement
with the PV (as it was called) also meant meeting with Archbishop
Paul Marcinkus who seemed to act as the front-runner for Papal
Visits; indeed in 1970 he had wrestled to the ground a knife
wielding Bolivian artist who attacked Pope Paul VI: but the “Chink”
as he was called was 6ft 3 inches! Those who met with him were
immediately aware that he was not the man the press portrayed. He
died on 20 February 2006; he was buried on 2 March 2006, and the
Bishop of St Petersburg preached the panegyric (see Document No.XI:
cf. Origins, 16 March 2006; volume 35, no.39).
The Sixth Lyndwood Lecture will be given
by Bishop Graham Knowles, the Bishop of Sodor and Man. The title of
the talk will be Heritage and Holiness: the Tensions Between
Conservation and Mission for Churches in Britain. The talk will
be in St Paul’s Cathedral on Wednesday, 15 November 2006 at 7.30 pm.
Tickets which include a buffet supper and wine are £35. Please apply
to: The Reverend Canon Michael O’Connor, 1, Steady’s Lane, Stanton
Harcourt, Witney, Oxon 29 5RL. The lecture is sponsored jointly by
the Ecclesiastical Law Society and the Canon Law Society of Great
Britain and Ireland.
The Congregation of Bishops gave its
permission for the “Essential Norms for Diocesan/Eparchial
Policies dealing with Allegations of Sexual Abuse of Minors by
Priests or Deacons” adopted by the Bishops’ Conference last June.
The decree of the Congregation, signed by its Prefect, Cardinal
Giovanni Battista Ré, grants the “recognition” indefinitely.
The decree dated Jan. 1, was received by Bishop William Skylstad,
President of the Episcopal Conference, during an April meeting at
the Vatican Congregation which was part of the annual spring
meetings of the Officers of the Bishops’ Conference with the Heads
of Offices of the Holy See. Bishop Skylstad has issued a decree
promulgating the revised “Essential Norms”. They are now in force,
and bind, as particular Church Law for the United States, all
dioceses and eparchies (dioceses of the Eastern Church) of the US
Bishops’ Conference. A document containing essential norms was first
adopted by the US Conference in June 2002, and was subject to
revision by a mixed commission made up of representatives of the
Holy See and members of the Episcopal Conference.
The following is a translation produced
by Zenit on a document of the CDF dated 19 May 2006:
"Since 1998, the Congregation for the Doctrine of the Faith has
received accusations, which were already made public in part,
against Father Marcial Degollado, founder of the Congregation of the
Legionaries of Christ, for offences reserved to the exclusive
competency of the dicastery. In 2002, Father Marcial published a
statement to deny the accusations and to express his disgust for the
offences alleged against him by former Legionaries of Christ. In
2005, for reasons of advanced age, Father Marcial retired from the
office of Superior General of the Congregation of the Legionaries of
Christ. All these elements have been the object of mature
examination by the Congregation for the Doctrine of the Faith and,
in virtue of the “motu proprio” “Sacramentorum Sanctitatis
Tutela” promulgated on April 30, 2001, by the Servant of God,
John Paul II, the then Prefect of the Congregation for the Doctrine
of the Faith, His Eminence Cardinal Joseph Ratzinger, authorised an
investigation into the accusations. Meanwhile, the death of Pope
John Paul II and the election of Cardinal Ratzinger as the new
Pontiff took place."
After submitting the results of the investigation to careful study,
the Congregation for the Doctrine of the Faith, under the guidance
of the new Prefect, His Eminence Cardinal William Levada, has
decided – taking into account both the advanced age of Father
Marcial as well as his poor health – to drop the canonical process
and invite him to a reserved life of prayer and penance, renouncing
all public ministry. The Holy Father has approved these decisions.
Irrespective of the person of the founder, the distinguished
apostolate of the Legionaries of Christ and of Regnum Christi is
acknowledged with gratitude.
Canon Law Society of Great Britain
and Ireland (2007)
The Conference of the Canon Law Society of Great Britain and Ireland
will be held between 7-11 May 2007 at Gateshead. Information is
being circulated by the Conference Secretary. Bookings are already
being accepted.
Canon Law Society of Great Britain and Ireland (2008)
The Canon Law Society of Great Britain and Ireland’s Conference for
2008 will be held in Rome between 5-9 May 2008. Details will follow.
Canon Law Society of America:
The 68th Annual Convention of the Canon Law Society of America will
be held at the Renaissance Worthington Hotel in Fort Worth,Texas,
between 9-12 October 2006.
Canadian Canon Law Society:
The 41st Annual Convention of the Canadian Canon law Society will be
held between 2-5 October 2006 at the Delta Hotel, Montreal.
The CLS Conference for 2006 was held in
the Sligo Park Hotel between 15-19 May 2006. Papers given at the
Conference covered The Favour of the Faith Cases (Father John
Kennedy, CDF); Dignitas Connubii (Father Augustine Mendonça); Notes
on Gravior Delicta and the Delict of Solicitation (Monsignor Robert
Deely, CDF); The Employment Status of the Clergy (Mr Edward Morgan);
The Role of Canon Law in the Life of the Church (Monsignor John
Dolan); Incardination until 1917 (Father Michael Mullaney). At the
dinner of the Society on the Thursday of the Conference, it was
noted that Monsignor Ralph Brown would shortly be celebrating his
75th birthday and would be retiring from the Westminster
Metropolitan Tribunal. A fulsome speech was made by Monsignor Gordon
Read; and Monsignor Brown was given the honorary membership of the
Canon Law Society of Great Britain and Ireland. He joins one other
who has the honorary membership of the Canon Law Society of
Australia and New Zealand; of the Canon Law Society of America and
of the Canadian Canon Law Society. The papers at the Conference,
including a message from the Holy Father, may be obtained from the
Conference Secretary.
Congratulations are offered to Fr Brian
Murphy on his appointment as Judicial Vicar for the Metropolitan
Tribunal of Liverpool. This follows the retirement of Canon Roger
Daly in February this year.
Likewise, congratulations are offered to Fr John Conneely on his
appointment as Judicial Vicar of the Metropolitan Tribunal of
Westminster from 1st July following the retirement of Monsignor
Ralph Brown.
Following his departure from the Westminster Tribunal, Monsignor
Brown has been appointed for a term of two to three years as
Judicial Vicar of Oslo Tribunal. He has also been appointed as the
canonical consultant to the Polish Catholic Mission in this country
for a term of two to three years. However, he will be remaining
resident in his flat in London.
Congratulations are extended to Canon John Gordon, Judicial Vicar of
the Shrewsbury Diocesan Tribunal, on being appointed to the
Shrewsbury Chapter of Canons.
