NEWSLETTER NO. 147 SEPTEMBER 2006
1. Formal Defection from the
Faith: Statement of the Pontifical Council for the
Interpretation of Legislative Texts (13th March, 2006)
2. Commentary [Mgr Gordon
Read]
3. Minister of the Anointing
of the Sick [Mgr Gordon Read]
4. Bankruptcy and the
Administration of Church Property [Mgr Gordon Read]
5. Shortage of Priests:
Challenges for the Diocese [Bishop John Jukes]
6. The Catholic Church: East
and West - Who's in Middle Eastern Christianity?
7. Background History of the
Eastern Churches [Canon Vincent Berry]
8. Dissimilarities Between
Eastern and Western Church Law [Fr Robert McGuckin]
9. Liturgical Commentary: The
Altar Cross [Mgr Gordon Read]
10. General Absolution: Local
Conditions and Legislation [Mgr Gordon Read]
11. Procedural Law of the Roman Rota
Report 2003 [Maria Teresa Romano]
12. Tribunal Statistics for the
British & Irish Tribunals 2005 [Fr Peter Kravos]
13. Obituary: Cardinal Mario
Pompedda [Mgr Ralph Brown]
The CLSN for December 2001 carried a
piece on Formal Defection: The End of the Road? This was
inspired by a report from the Pontifical Council for the
Interpretation of Legislative Texts which suggested the removal of
the concept of defection from the faith as an element involved in
the validity of marriage. Monsignor Read had commented upon this and
indicated that perhaps the end of the concept of defection of faith
as an element involved in marriage was near!
The Pontifical Council for the Interpretation of Legislative Texts
produced a letter directed to the Presidents of all Episcopal
Conferences throughout the world dated 13 March 2006 (see Document
No.1). This letter now clarifies the requirements for formal
defection from the Catholic Church, namely: (a) the internal
decision to leave the Catholic Church; (b) the realisation and
external manifestation of that decision; and (c) the reception of
that decision by the competent ecclesiastical authority. Monsignor
Read has commented on this further communication from the Pontifical
Council (see Document No.2)
Over the past few years, doubts have
been voiced as to the canonical prescription that the minister of
the anointing of the sick was omnis et solus sacerdos. There
has been concern expressed in (and about) regions of the Church
where there are few priests and therefore where it is difficult for
the sick to receive the anointing when called for. As a result of
this there have been cases (albeit on a fairly low numerical level)
of anointing of the sick being carried out by deacons, or even
qualified lay persons.
On 11 February 2005, the Congregation for the Doctrine of the Faith
issued a “doctrinal note” about the Minister of Anointing. The Note
indicates that “only priests (bishops and presbyters) are Ministers
of the Anointing of the Sick; and this is to be held definitively.
Neither deacons nor lay persons may exercise this ministry, and any
action by others than priests would constitute the simulation of a
sacrament (with a penalty that is appointed: cf. Canon 1379)”.
However, this “Doctrinal Note” does allow for further thoughts which
are examined by Monsignor Gordon Read at Document No.3.
Since the June 2006 number of CLSN
(No.146) there appeared further pieces about the financial
situation of a number of dioceses in the United States of America
regarding bankruptcy (e.g. Origins: 11 May 2006. Vol.35,
No.147; Origins 18 May 2006, Vol.36, No.1).
One of the items (11 May 2006) concerned the Archdiocese of Boston,
and included a letter (with a brochure) from the Cardinal Archbishop
of Boston. The brochure covers frequently asked financial questions.
The Cardinal indicates that the diocesan deficit of $46 million up
to 30 June 2005 was not due solely to sexual abuse cases, but to a
general decrease in revenue arising from anger over closed parishes.
The Cardinal, earlier, had made a commitment to financial
transparency and
accountability; and this brochure partly fulfils this undertaking.
Monsignor Read also, as a result of this, points to certain other
issues which are related to such financial matters; in particular
why does the Church hold financial assets? And also, how should
these assets be administered? (see Document No.4).
The shortage of priests in England and
Wales (and approaching shortage in Ireland) makes it necessary for
the Diocesan Bishop to consider his strategy for dealing with this.
Obviously there are a number of approaches to the matter; e.g. to
close parishes; or to have a parish priest responsible for two or
three former parishes for the time being. The first of these
approaches clearly deals with the present and the long term
situation. The second deals with the short term, and could be
regarded as first aid. A very helpful analysis of this problem and
the strategies to deal with it are considered by Bishop John Jukes
at Document No.5.
The recent hostilities in the Middle
East have involved Lebanon which has (had) a considerable Christian
Population. This had led newspapers (e.g. The Tablet, 19 August
2006) to give a description of the Churches in the Middle East.
Information would lead one to believe that there are approximately
ten million Christians in the Middle East, grouped together in five
“families”. The background of these five families is interesting. A
list of them is set out in Document No. 6.
The history of these families can be documented to the very
beginning of Christianity. Christianity began in Jerusalem and
spread East to Antioch; West to Rome; North to Byzantium
(Constantinople); and South to Alexandria. A brief history of these
families has been prepared by Canon Vincent Berry the Episcopal
Vicar for the Oriental (ritual) Churches in the Archdiocese of
Westminster. (see Document No.7).
Father Robert McGuckin of the Canon Law
Society of Australia and New Zealand prepared a paper for the 2005
proceedings of the CLSANZ. The paper deals with the differences
between the Eastern and Western Codes of Canon Law (see Document
No.8).
A number of readers of CLSN will have
come across the Zenit website (
www.zenit.org ). This new source provides Inter alia,
liturgical commentaries and answers to questions on the liturgy.
These answers are frequently provided for Zenit by Father Edward
McNamara, Professor of Liturgy at the Regina Apostolorum University
in Rome. A recent question concerned which way the
the altar cross (crucifix) faces during Mass. Monsignor Gordon Read
comments on the answer (see Document No.9).
Father Ian Waters, the Judicial Vicar of
the Archdiocese of Melbourne, gave a paper on this topic at The
Annual Conference for 2005 of the Canon Law Society of Australia and
New Zealand, which appeared in Proceedings (39th Annual
Conference of CLSANZ at Geelong, 12-15 September 2005, pp.48-61).
Father Waters looks at the history of General Absolution and the
development of the situation. Obviously Father Waters takes into
account the situation as it applies to Australia, but nonetheless
his considerations are relevant to the general principles around the
world. Monsignor Gordon Read comments on the paper at Document
No.10.
The Newsletter (2006, No.1) of the Canon
Law Society of Australia and New Zealand has a piece written by
Maria Teresa Romano on the Procedural Practice of the Roman Rota.
The article was called "Rassegna Ragionata della Giurisprudenza
di Rito della Rota Romano, anno 2003." This article appeared in
Quaderni dello Studia Rotale (14, 2004). The article by
Signora Romano has been translated by Brother Brian Sweeney, FMS
(see Document No.11).
A number of interesting points are dealt with in this article; for
example, the manner in which a Defender of the Bond had more or less
argued the case in favour of the Petitioner, almost as an Advocate;
there was also a Decree of the Rota indicating that the original
formulation of the doubt was unclear and left the matter open to
various interpretations. Reading through the article will give First
Instance Courts a reminder of the need for correct procedure.
There is the consideration of plaints of nullity, usually on the
grounds of the denial of the right of defence. Such denials can be
based on (a) the failure to notify the Respondent of the examination
of some witnesses nominated by the Petitioner; (b) lack of a
declaration of absence of the Respondent and the lack of
notifications required by the procedure; (c) absence of decrees for
the litis contestatio, the publicatio and the
conclusio; (d) failure to nominate an Advocate ex office
for the Respondent as requested; (e) the non-admission of proofs
brought forward by the Respondent; (f) failure to allow the
Respondent to read through the Acta after publication; (g) the
standing of an expert opinion based only on the Acta, even though
the Respondent was willing to attend for an expert examination; (h)
lack of observance of procedures required for delivering a Sentence
in the appeal instance; (j) lack of adequate juridical preparation
of the Advocate assigned ex officio to the Respondent; (k) lack of
knowledge on the part of the Respondent of documents annexed to the
Advocate’s submission for the Petitioner; (l) absence of
notification of the Sentence to the Respondent. All these headings
could form a very telling catechism for Judicial Vicars.
As usual the statistics for the
Tribunals of England, Wales, Scotland and Ireland have been prepared
by Fr Peter Kravos, Judicial Vicar of the Leeds Dicoesan Tribunal.
The basic figures derive from the figures submitted to the
Secretariat of State from all the Dioceses of the regions mentioned.
It has been noted from the figures that during 2005, 68 fewer cases
were introduced in England; 7 fewer in Scotland; but 33 more cases
in Ireland. Figures show a fairly high number of cases of Peremption
and Renunciation. One of the reasons for this is the manner in which
cases in many Tribunals are started and concluded. A would-be
Petitioner is interviewed; a Petition is prepared for him/her; the
citation is made; the agreement of the point at issue is held and
decreed. However, then the Petitioner begins to realise the
involvement expected of him or her in the future and pulls out in
spite of having paid a deposit.
Father Kravos has considered in one of the tables, comparative
figures between 2005 and 1996. Every Tribunal (except Dublin and
Nottingham) has seen a fairly significant decrease in the number of
cases introduced during this period. Plymouth, Leeds and Lancaster
have over an 80% decrease. The point is made that with fewer
Petitions reaching Tribunals, it might be expected that the Judges’
work will have considerably decreased. However, the statistics show
that this is not the case in Ireland nor in Scotland. However, it is
the case in England and Wales. There has been a drop from 1126
Sentences in 1995 to 532 Sentences in 2006. However, these figures
may also indicate an end to the decrease since some Tribunals are
already noticing a slight increase in the case load. The next few
years will indicate the present trend. (See Document No. 12).
The Conference will be held in the
Swallow Hotel, Gateshead. The registration fee is £50 sterling,
dollars 100 (US); Euro 80; and credit card £52. The Conference will
be held between the 7-11 May 2007. The AGM of the Society will be
held on Thursday, 10 May 2007 at 11.00 hours. The President will be
retiring, a new President and Committee will be elected at the AGM.
Papers will be given by Father Brendan Killeen, ("The Role of Love
within Marriage"); Doctor Evelyn Mann ("Gender Dysphoria");
Monsignor Ronald Jenkins ("Penal Cases"). Other speakers include the
Reverend A. Randazzo, Father Frank Morrisey, OMI and Father Aidan
McGrath, OFM. The forms for attendance at the Conference have
already been circulated. A request is made by the Conference
Secretary for the completed forms to be sent in as soon as possible.
The CLSGBI will hold its 2008 Conference
in Rome to mark the 25th Anniversary of the promulgation of the Code
of Canon Law. Arrangements are being made for the initial reception
and opening of the Conference; four main speakers; two receptions;
the AGM and a Papal Audience.
Canon Lawyers and Tribunal personnel
from several countries of Southern Africa, who gathered for a Canon
Law Colloquium at St Augustine College in Johannesburg May 8-11,
founded a new Roman Catholic association of the faithful, the Canon
Law Society of Southern Africa. The purpose of the Society is
principally to promote the continuing education of its members and
of others attending the Society’s annual convention. The first
official convention of the new society will take place June 4-7,
2007 in Marianhill, near Durban, South Africa, with Francis M.
Morrisey as principal speaker on matters of procedural law.
Membership in the Society is open to qualified Catholics from any
part of the world who have an interest in Canon Law and its
practice. Full members of the Society must have an academic degree
in Canon Law or theology as well as persons who have experience in
Tribunal practice, or Church administration. Annual dues is $20 US.
Inquiries about membership application should be directed to the
Secretary-Treasurer, Mgr. Marc Demuelenaere (
msgrmarc@mweb.co.za ).
The University of Limerick is now
offering a degree of Master of Arts in Civil and Canon Law. The
following information comes from the College of Mary Immaculate of
the University of Limerick.
Introduction: The Master of Arts in Civil and Canon Law is an
innovative postgraduate programme jointly offered by the School of
Law, University of Limerick and the Department of Theology and
Religious Studies, Mary Immaculate College, Limerick.
The MA, in Civil and Canon Law is designed as a specialist
postgraduate programme for students who are interested in the
parallel bodies of law regulating Church governance and
administration. The programme is designed to meet the needs of those
involved in Church administration and lawyers and other
professionals who advise Church bodies. It is offered on a full-time
(one year) or part-time (two years) basis.
The programme explores the interactions, both historical and
current, between Canon Law and Civil Law. The 1983 Code of Canon Law
is a significant reference point to the Canon Law modules but due
attention is also given to the Canon Law of the Anglican communion.
The programme consists of substantive modules, two methodology
modules and a 15,000-word dissertation, in full-time mode, the
taught component of the programme runs over two semesters, with the
dissertation being completed during the summer; in part-time mode,
the taught component runs over four semesters, with the dissertation
being completed during summer of the second year.
Objectives: The primary objectives of the M.A. in Civil and
Canon Law are to provide students with a foundation in Canon Law and
the Civil Law pertaining to governance; and to equip them with a
mastery of the essential sources and methodologies of Canon Law and
the corresponding Civil Law. Students will also their critical
awareness of Canon Law and its interactions with the secular law of
the State.
Programme of Study: The M.A. in Civil and Canon Law is an
inter-disciplinary postgraduate programme that integrates three
principal subject areas; Civil Law; Canon Law and Theology. The
programme includes modules on Canon Law and the Civil Law governing
Church administration. An ecclesiology module (The Church and the
Churches) provides the theological context in which the Canon Law
operates. The Introduction to European and Comparative Law module
provides the legal and historical context in which Canon Law
contributed to the development of Law in Europe. Two methodology
modules complete the taught component of the programme.
The substantive modules will predominantly be taught on a seminar
basis and assessment will be by means of coursework, seminar
presentations and examination. Students must also complete a
dissertation of 15,000 words under the supervision of a faculty
member. The research methodology module, which will be assessed on a
pass-fail basis, is designed to familiarise students with the
sources and literature of Civil Law, Canon Law and Theology and to
equip them with the methodologies of those disciplines. The
dissertation methodology module is intended to provide a structure
in which students prepare and plan their dissertations.
The law modules are taught on the University of Limerick campus
while the ecclesiology module is taught on the Mary Immaculate
College campus. Students will have access to the library and
research facilities on both campuses.
Entrance Requirements: An honours degree (second class
honours) in law, theology or cognate discipline is normally
required. However, applications are also invited from persons with
relevant professional experience to be considered under the
University of Limerick policy on recognition of prior experiential
learning.
Contact: For further course information contact either:
Professor Paul McCutcheon,
School of Law,
University of Limerick,
Ireland
Phone +353 (0) 61-202147/202344;
e-mail:
paul.mccutcheon@ul.ie
Dr Eamonn Conway,
Department of Theology and Religious
Studies,
Mary Immaculate College,
Limerick,
Ireland.
Phone +353 (0) 61 204353
e-mail: eamonn.conway@mic.ul.ie
The Canon Law Society of America has
produced Norms and Commentary on the recently promulgated
Dignitas Connubii. The commentary has been prepared by Professor
Klaus Lüdicke and Monsignor Ronny Jenkins. The following appears
from the publishers’ introduction to the volume.
“With the long anticipated appearance of the instruction Dignitas
Connubii in January 2005, calls quickly arose for the production
of legal commentaries on the new norms governing marriage nullity
trials. Prof. Klaus Lüdicke of the Institute for Canon Law at the
University of Münster responded in swift fashion with the
publication of a German commentary on the new instruction entitled,
Dignitas connubii; Text und Kommentar (Essen: Ludgerus Verlag,
2005). Since the authors had previously collaborated on translations
of articles from German into English, they decided to collaborate
not only on an English translation of the German commentary, but
also on a substantial expansion of it. The result of this
collaboration is the first English commentary to be published on
Dignitas Connubii. Entitled, Dignitas Connubii: Norms and
Commentary, the new text will be published by CLSA Publications
of the Canon Law Society of America."
Further information can be obtained from
Father Art Espelage, Office of the Executive Coordinator, 108N.
Payne Street, Suite C, Alexandria, Virginia 22314-2906, USA. The
price of postage and packing will be in excess of $50 US.
A notice has been sent out with further
circulations of CLS Publications concerning back issues of the
Society’s publications. The notice reads:
“At present, the Society holds a number
of past issues of our publications – Canon Law Abstracts,
Matrimonial Decisions of Great Britain & Ireland, the Index for
MDGBI covering issues to 1989 (all of which are available to
individual subscribers) and the Newsletters (which are available to
member sonly). We also hold copies of the Nolan report
Recommendations.
Unfortunately, the Society no longer has facilities to store the
accumulation of back issues of these publications. A complete run of
each publication for archival and reference purposes will be
retained, but it is now necessary to limit the number of spares held
for the purpose of supplying individual back issues.
The Committee has decided therefore to offer back issues of the
Newsletter (to members only) and back issues of Canon Law Abstracts,
Matrimonial Decisions, and the Index, (to members and other
subscribers), at a nominal fee of £1.00 per publication, plus
postage. Some issues are no longer available and we have a limited
number of copies for the early issues. If you would like to fill any
gaps in your library of the Society’s publications, please get in
touch with the Administrative Secretary as soon as possible.”
Cardinal Cardinal Mario Pompedda died of
unspecified causes on 18 October 2006. The funeral took place in St
Peter’s in Rome presided over by the Holy Father. An obituary
appears at Document No.13.
