NEWSLETTER NO. 150 JUNE 2007
1. The Suspension of Bishop Fernando
Lugo [Mgr Gordon Read]
2. Question Regarding the Use of the
Expert in Marriage Nullity Cases [Supreme Tribunal of the
Apostolic Signatura] (16th June, 1998)
3. Commentary [Rev Augustine
Mendonça]
4. Explanatory Comments During Mass
[Mgr Gordon Read]
5. Mass Obligation and the Support
of One's Own Parish [Mgr Gordon Read]
6. Book Reviews:
"Catholic Marriage Nullity Process:
The Introduction of the Case" by Linus Neli MHR JCD [Mgr Gordon
Read];
"Liturgy and Law: Liturgical Law in
the System of Roman Catholic Law" by John M Huels [Mgr James
Joyce];
"Canonical and Pastoral Guide for
Parishes" commissioned by the Assembly of Quebec Catholic
Bishops with the cooperation of the Canadian Canon Law Society
[Rev Peter Kitchen].
7. The 6th Lyndwood Lecture:
"Mission, Ministry and Masonry: The Challenge of Heritage
Buildings for Christian Witness" [Bishop Graeme Knowles] (15th
November, 2006)
8. Sunday Celebrations in the
Absence of a Priest: Guidelines for the Dioceses of Australia
(November 2002)
9. Mrs Clare Pearce [Mgr Gordon
Read]
10. Honorary Life Membership of the
Canon Law Society of Australia & New Zealand
11. Apostolic Blessing on the CLSGBI
Conference in May 2007
The CLS Conference for 2007 was held at
the Swallow Hotel, Gateshead, near Newcastle-upon-Tyne. This
Conference marked the beginning of the year’s celebration of the
Golden Jubilee of the Canon Law Society. It was held between 7-11
May 2007. A hundred and twenty one persons attended the Conference.
There were two Presidents of other Societies (Canada and Australia
and New Zealand); there were six speakers; and members from outside
these islands numbered fifteen; with a happy mix of males and
females.
A few of us were reminiscing about the first presence of ladies at
the CLS Conferences. In the late fifties and early sixties meetings
lasted one and a a half days, and were held at Southwell House in
Hampstead. No ladies attended those meetings. In fact, there were no
trained lady Canon Lawyers. However, when the CLS had its first
Conference at Woodhall in the Diocese of Leeds, there were no less
than three ladies present although their role was with reception
work and the general ordering of the Conference. However, at the
2007 Conference there were some seventeen ladies present; and to
judge from the attendance over the last few years at CLS
Jurisprudential courses, there will be even more ladies attending
Conferences in the future.
A speaker at the 2007 Conference, Doctor Evelyn Mann, spoke on
“Gender Dysphoria – Hidden Agendas”. Other speakers were Father
Anthony Randazzo from the CDF talking about the “Formation of a
Healthy Priesthood”; and “Norms for Priestly Formation” was a paper
presented by Father James Conn, Professor of Canon Law at the
Gregorian University in Rome. Father Frank Morrisey spoke on Rights
in the Church. A fascinating talk was given by Mr Mark Chopko, who
belonged to the US Conference of Bishops Executive. His topic was
“Intersection of Civil and Canon Law – the experience of the USA
with regard to the Abuse of Children by Clergy”.
However, the paper which provoked an avalanche of questions and
comments was presented by Father Brendan Killeen, Judicial Vicar of
Northampton on “The Role of Love within Marriage”. It is true to say
that his paper had more members jumping up and down and trying to
seize the microphone than any other during the week. There were also
two sessions of “Questions and Answers” dealt with by specially
selected experts on the two panels.
The AGM took place on Thursday, 10 May; at which a new President had
to be elected. The current President, Father John Conneely, having
fulfilled two terms had to stand down. In his place was elected
Monsignor David Hogan of Middlesbrough. The Treasurer, Father Brian
McLean, was re-elected. The Secretary, Mrs Margaret Foster did not
stand for re-election; and in her place was elected Father James
O’Kane. Father Patrick Connolly did not stand for re-election. In
his place was elected Professor Luc de Fleurquin.
Some minor modifications were made to the CLS Constitution; such as
the full title now being Canon Law Society of Great Britain and
Ireland. Various technical changes were made in connection with the
Charities Act; as well as arrangements for library membership. A
copy of the revised Constitution will be sent to all the members.
The accounts of the Society to 31 December were presented and
explained by Father Brian McLean; and approved by the members. These
accounts have previously been approved by the Appointed Independent
Examiner, Thomson Cooper.
The opening liturgy was celebrated by Bishop Kevin Dunn of the
Diocese of Hexham and Newcastle. The Mass on Wednesday 9 May, was
celebrated by Bishop John Cunningham with the homily being given by
Father Atli Jonsson; the Golden Jubilee Mass was celebrated by the
outgoing President, Father John Conneely, together with previous
Presidents who were at the Conference, namely Monsignor Ralph Brown,
Monsignor David Cousins and Father Aidan McGrath; as well as the new
President. For the Wednesday afternoon break, Father Paul Zielinski,
the Judicial Vicar of Hexham and Newcastle had prepared a
fascinating tour of Northumbria, taking in St Bede’s home at Jarrow.
For the last evening the outgoing Committee had prepared a reception
and Gala Dinner, also attended by Bishop Dunn. A speech was made by
Bishop Cunningham witty enough to rock the seating plan; and finally
Monsignor David Hogan spoke as the new President and paid tribute to
his predecessor for all the work he had done in his two terms of
office. The Holy See sent an Apostolic Blessing upon the proceedings
of the Conference (see Document No XI).
Bishop Fernando Lugo, the retired Bishop
of San Pedro in Paraguay, was suspended a divinis by the Holy
See on 1 February 2007. Apparently the Bishop had applied to the
Holy See requesting his return to the lay state; at the same time
the Bishop had declared himself to be a candidate in the forthcoming
presidential elections. He was threatened with suspension a
divinis if he did not withdraw his candidacy (for the 2008
Presidential Election). The Bishop did not do so and in consequence
he was suspended. The Bishop was born on 30 May 1949 in Paraguay;
ordained priest on 15 August 1977; and appointed Bishop of San Pedro
on 5 March 1994, and consecrated on 17 April 1994. An analysis of
the situation by Monsignor Gordon Read is at Document No. I.
All Tribunals, when using Canon 1095 no.
3 as a ground, are challenged by the need (or possible need) for an
expert opinion (or Peritia). There are a variety of problems
which come into play here. First of all does a Tribunal have access
to an expert who can give an opinion (either by way of interview
with the party or from the Acta)? Secondly, if there is such a
psychiatric opinion given by an expert, must both the parties be
able to examine it? Sometimes an expert does not wish the report to
be seen by one of the persons in question; what then? Do all cases
involving Canon 1095 no.3 require expert opinions? Do not some cases
under Canon 1095, no.2 also require expert opinions? A reply to some
of these points was produced by the Signatura Apostolica in 1998
(see Document No.II). A very helpful article was written on the
subject by Father Augustine Mendonça in Studia Canonica
(Vol.35/1, 2001; pp.33-58). That article is reproduced at Document
No.III) by permission of Studia Canonica and Professor Mendonça.
In 1960 when the Editor was in Rome,
everybody was on the qui vive about people’s understanding of
the Mass. Everybody had been through the preparatory stages of books
on the Mass by Father Pius Parsch. Going into Roman Churches at that
time, it was not unusual to find a Mass being celebrated with quite
a large congregation of people; and a second priest trailing a
microphone (no clip-on microphones then) walking backwards and
forwards in the sanctuary explaining the words and the actions of
the Mass, before a fairly mesmerised congregation. Going to such
Masses must have been quite an ordeal for the faithful. The
situation is now, of course, very different. There can now be the
situation of the celebrant who comments on his own Mass “for the
benefit of the people”. This whole matter has been raised on Zenit
with some notes by Father Edward McNamara. Monsignor Read has
written a piece about this (see Document No IV).
Any new document takes with it a raft of
misunderstandings.One of the misunderstandings about the 1983 Code
is that it apparently changed the discipline for the fulfilment of a
person’s Mass obligation. However, by reference to the 1917 Code,
the law did not enforce fulfilment of the Mass obligation in a
person’s parish church; it merely encouraged such attendance, but it
was left to the person to decide. There is a further element in all
this – namely the fulfilment of the obligation on a Saturday night;
and also the duty of parishioners to support (materially) their
parishes. A study was made in the Zenit liturgy section by Father
McNarama (Professor of Liturgy at the Regina Apostolorum
University); but this has been modestly corrected by Monsignor Read
in Document No.V).
Catholic Marriage Nullity Procedure:
Fr Linus Nelli
Father Nelli, who studied in Rome and also took part in one of the
CLS Jurisprudential Courses, is back home. He is the visiting
Professor of the Oriens Theological College, Shillong; as well as
teaching at the Institute of Oriental Canon Law at Dharmram Vidya
Kshetram in Bangalore. He is also a Diocesan Judge. His book deals
with the nullity process and will be easy to use and followed by
those involved in Tribunal work in his country. Monsignor Joyce has
reviewed the book at Document No.VI.
Liturgy and Law: Liturgical Law in the System of Roman Catholic
Canon Law: Fr John Huels.
Father Huels needs no introduction following the collection of books
that he has authored whilst being Professor of Canon Law at St Paul,
University, Ottawa. The CLSN has reproduced some of his articles
which appeared in Studia Canonica. His present book deals with
Liturgy. Monsignor James Joyce, who reviews the book at Document
No.VI, finds it easy to read, in no way legalistic, and breathes the
best spirit of Canon Law.
Canonical and Pastoral Guide For Parishes [Wilson & Lafleur].
This very useful reference book was commissioned by the Assembly of
the Quebec Catholic Bishops, with the cooperation of the Canadian
Canon Law Society. Although the book is very much geared to the
Canadian pastoral scene, it is certainly a useful pastoral book with
many canonical references. In spite of its Canadian target, Father
Peter Kitchen (who reviews the book at Document No.VI) finds it very
practical and accessible; and he recommends any interested priest to
have it on his book shelf “not to collect dust but to be used (even
in these countries) for a variety of questions arising from
practical pastoral ministry”.
Gratianus Series
In 1990 Wilson & Lafleur publishing
house took up the challenge to promote Canon Law publications both
in French and English.
The Code de Droit Canonique bilingue et annoté was the first
book to be published. Professors Ernest Caparros, Michel Thériault
and Jean Thorn took care of editing this work. Then they completed
the Code of Canon Law Annotated in 1993. These two books
achieved great success with numerous reprints and new editions. That
convinced the management of Wilson & Lafleur that Canon Law was a
field with a promising future.
The choice of a bilingual name: Gratianus rapidly won
unanimous support. This was a modest way to pay homage to the great
medieval Canonist.
The first books published in the Gratianus Series were part
of the Annotated Legislative Texts. But as new authors joined the
collection, other sub-series were created, such as the Handbooks,
Research Tools and Proceedings; others such as the Notebooks, will
no doubt be added.
Some of the Gratianus series:-
• Code of Canon Law Annotated (Second Edition). $115 (Can).
• Canonical and Pastoral Guide for Parishes (see Review). $29.95
(Can).
• Advocacy Vademecum (Ed. Patricia Dugan). $34.95 (Can).
Add $5.00 (Can) for handling. When
ordering please supply credit card details to Wilson & Lafleur, 40
Notre-Dame Street E, Montreal, Quebec H2Y 1B9, Canada.
Bishop Graeme Knowles, the Bishop of
Sodor and Man, gave the Sixth Lyndwood Lecture in the Crypt of St
Paul’s Cathedral on Wednesday 15 November. The lecture was entitled:
"Mission, Ministry and Masonry: the Challenge of Heritage Buildings
for Christian Witness". The Bishop is the Chairman of the Anglican
Council of the Chair of Churches.
While it might be said that the present state of repair of the
majority of the Churches in use in England is better than it has
ever been before, the congregations of England, whether they be
Anglican, Roman Catholic, Methodist or Baptist, face the day by day
challenge of maintaining a substantial section of the nation’s
building heritage. Bishop Knowles examines possible avenues for the
funding of this work, looking at the models of state funding and
that offered by other European countries. He also considers the
tension that exists between the legal imperative to view our
Churches not only as historic monuments but also as local centres of
mission and worship. He also examines the problems faced by all
denominations in disposing of buildings no longer required for
divine worship. He questions why the Church should continue to pay
for the upkeep of buildings it no longer needs and concludes, in the
words of T.S. Eliot, that “the Church must be forever building”.
(See Document No.VII).
The Canon Law Society of Australia and
New Zealand’s Newsletter No.2, 2006 has reproduced “Guidelines for
Sunday Celebrations without Priests” in Australia. Similarly as in
these Islands there is a shrinkage of priests available for Sunday
celebrations, hence the Australian Bishops have issued some
interesting guidelines. These date to November 2002 (see Document
No.VIII).
The new administrative address for the
Canon Law Society of America is:-
Suite 111
Hecker Centre for Ministry
3025 Fourth Street NE
Washington DC 20017-1102, USA
Tel: (202) 832 2350
Fax: (202) 832 2331
The name (Hecker) is that of Father
Isaac Hecker, founder of the Paulist Fathers.
Mrs Clare Pearce stepped down from her
role as Administrative Secretary of the CLS in December 2006. In the
March number of the CLSN there was a minor tribute to Clare; but it
seemed only appropriate that a more informed tribute should be
published, written by her original “boss”, Monsignor Gordon Read.
This piece about Clare appears at Document No.IX.
One of the first acts of the new
President of the Canon Law Society of Australia and New Zealand,
Father Ian Waters, was to award honorary life membership to the
surviving Foundation Members of CLSANZ. It will also be noted that
the first three honorary life members were members of the Canon Law
Society of Great Britain and Ireland (see Document No.X).
The following announcement was made in
L’Osservatore Romano on 21 February 2007:
“The Holy Father accepted the resignation of Cardinal Julián Herranz,
President of the Pontifical Council for Legislative Texts. It was
presented in accord with Canon 354 of the Code of Canon Law. The
Holy Father also appointed Bishop Francesco Coccopalmerio, titular
Bishop of Coeliana and Auxiliary of the Archdiocese of Milan, Italy,
as President of the same Pontifical Council, at the same time
elevating him to the dignity of Archbishop, maintaining the same
titular see (15 Feb). The Holy Father appointed Rev. Mons. Juan
Ignacio Arrieta Ochoa de Chinchetru of the Prelature of Opus Dei as
Secretary of the same Pontifical Council (15 Feb)”.
