NEWSLETTER NO. 151 SEPTEMBER 2007
1. Motu Proprio Summorum
Pontificum [Mgr Gordon Read]
2. Institute of the Good Shepherd
[Mgr Gordon Read]
3. The Extraordinary Form of
Marriage and the Priestly Society of St Pius X [Ms Adrienne
Connaghan]
4. Society of St Pius X and
Jurisdiction for Marriage [Mgr Gordon Read]
5. Does a Vasectomy Constitute an
Irregularity to the Sacrament of Orders? [Fr Brian Dunn]
6. The Alteration of Parishes [Rev
Peter Kitchen]
7. Sentence on the Unlawful harm to
the Plaintiff's right to a good reputation by the Respondent
[Tribunal of New South Wales & Australian Capital Territory]
(19th May, 2006)
8. Interview with Cardinal
Mario Pompedda by Gianni Cardinale (2004)
9. British & Irish Tribunal
Statistics 2006 [Rev Peter Kravos]
10. Obituary: Rev Michael O'Reilly
OMI [Fr Michael Hughes OMI]
11. Panegyric at the Requiem Mass of
Rev Michael O'Reilly [Fr Michael Hughes OMI]
It is significant that this expression
is not employed in the motu proprio of Pope Benedict XVI
Summorum Pontificum. The reference is made to the “celebration
of Mass (as a sacrament) according to the liturgical books
promulgated by Pope John XIII”. Monsignor read covered the
background to the motu proprio which is an apostolic letter
of 7 July 2007.
People in this country (at least) are probably not swept away with
feelings of anxiety at the new legislation; although the Bishops may
initially fear that there is a cause here for division within their
Churches. The probable reason for this lack of disquiet in this
country is that a considerable time ago (and at the time of Cardinal
Heenan as President of the Bishops’ Conference of England and Wales)
sought and obtained from the Holy See an “indult” which allowed the
Bishops to permit “Mass in the Tridentine Rite” in this country; and
accordingly there has been celebrations in that rite back to the
seventies. In spite of the fact that the supporters of the Mass in
that rite wanted the legislation widely extended, there has hardly
been a problem in this country. The reverse, of course, has been the
situation in Europe and in the USA (see Document No.I).
“In September 2006 the press carried
reports of a group of priests and seminarians, formerly members of
the Society of St Pius X, being reconciled to the Holy See and
forming a new Institute of The Good Shepherd. There were reports of
considerable disquiet at this development among local clergy…”.
Eventually in October of that same year (2006) this new group was
formally erected on 8 September 2006 (see Document No.II).
The Society of St Pius X has Mass
Centres throughout the world. It seems that worldwide there are some
454 priests belonging to the Society in fifty-five countries. There
is an impression amongst some (fortunately not many) that the
Society of St Pius X is rather a “dotty little band of people doing
their own liturgical thing”. In fact, the numbers just mentioned
(fifty-five countries) would indicate there is much more of a
problem. A particular problem (not the only one) concerns the valid
jurisdiction for both confessions and marriages. The US website
indicates the solutions here, namely that common error supplies
jurisdiction; moral impossibility allows the use of the
extraordinary form of marriage. A paper has been given by Ms
Adrienne Connaghan to the 2005 Conference of the Canon Law Society
of Australia and new Zealand. (reproduced in CLSANZ newsletter 2006,
No.2, pp.14-19). (see Document No.III). Further comment by Monsignor
Gordon Read appears at Document No.IV.
This may seem to be a somewhat rarified
topic for examination. However, with the great increase in the
ordination to the permanent deaconate of married men (or formerly
married men), the situation became more common. A paper has been
written by Father Brian Dunn in Studia Canonica (38, 2004,
pp.481-508), which considers whether a person who has had a
vasectomy incurs the irregularity (of mutilation) under Canon 1041
no.5.
Some years back when the numbers of persons being ordained as
permanent deacons (certainly in these Islands) remained low, this
whole scenario was hardly at the forefront of the minds of the
Bishops. However, as the number of such ordinations have risen very
considerably, the consideration is no longer quite so arcane. The
problem, of course, can concern ordinations to the priesthood of
formerly ordained married men. The decision to admit a man to the
permanent diaconate (or to the priesthood) includes a “process of
discernment” as the competent authority makes a practical judgement
within the circumstances of the local diocese. Those considerations
are carefully and very helpfully examined by Father Dunn (Assistant
Professor of the Faculty of St Peter’s Seminary, London, Ontario).
His article is reproduced with grateful thanks to him as the author
and to Studia Canonica. ( see Document No V).
Newspapers – usually the Catholic ones –
highlight with more or less accuracy changes to be made in parish
structures; closures of parishes; new parish boundaries and so on.
Part of this is based upon the shrinking numbers of priests; and
often by the shrinking number of people attending Mass. However,
these two do not necessarily go together. Consequently it is
necessary to keep quite clear the separation between alterations to
be made because of the reduction in the number of priests; and
alterations to be made by reason of the shrinking Mass-going
population.
The present paper concerns the situation where there are
insufficient priests to cover the existing Masses celebrated in
parishes. Bishops have to take hard decisions. The manner in which
such decisions are to be made must be transparent and open to
inspection. “If this is not done, the action taken by the Bishop is
invalid; and recourse is not only possible but will also be
successful”. Hence, the manner in which these decisions are made is
absolutely crucial. Father Peter Kitchen has written an article
involving such canonical problems. (see Document No.VI).
It has already been commented upon in
CLSN that the Archdiocese of Melbourne is an active source of
decisions in all manner of cases; not merely marriage cases. In this
present case, a lady, resident in a particular parish for some
twenty years, alleged that a new priest in the parish (new by same
eighteen months) had defamed her by referring to her as “an abnormal
person being insane and in need of a doctor”.
After a long and thorough examination of the circumstances, the
Tribunal eventually concluded that the lady had suffered an injury
to her reputation; and that damages were to be paid by the priest.
The Sole Judge and Ponens in the case was Father Peter Blayney; and
the decision was given on 19 May 2006. There was no appeal lodged.
(See Document No.VII).
After he had left the Signatura
Apostolica, Cardinal Pompedda (he received his red hat on 21
February 2001 together with Cardinal Cormac Murphy-O’Connor) gave an
interview with 30Days (No.2. 2004). Not a great deal of the
Cardinal’s views were unknown. This interview gives some insight
into his background. He came from Orieri in the Province of Sassari
in Sardinia. He studied at the Capranica in Rome. He acquired
a degree in Theology at The Gregorian University; a licence in
Scripture at the Biblical Institute; and Utroque doctorate at
the Lateran University. He was ordained in 1951. He entered the Rota
in 1955; he became Dean in 1993; was made an Archbishop in 1997; and
he retired from the Rota in 1999 and became the President (initially
Pro-President) of the Signatura Apostolica in 1999. The interview
was headed Salus animarum Suprema Lex, the words of the last
Canon of the Code of Canon Law. (See Document No. VIII).
Research shows in the old numbers of
CLSN that |there are statistics for nullity cases in Tribunals in
England and Wales from 1969; and then from the mid-seventies for
Great Britain and Ireland. The present statistics for 2006 still
indicate a slackening of cases introduced: 47 fewer in England and
Wales; 10 fewer in Scotland; 80 fewer in Ireland. Father Peter
Kravos has also compared First Instance statistics over the last ten
years. (See Document No.IX).
Not included in the June number of CLSN
(2067) was the message sent by the Secretary of State for the
occasion of the Conference:-
“On the occasion of the Annual Conference of the Canon Law Society
of Great Britain and Ireland taking place from 7th to 11th May 2007
in Gateshead, the Holy Father sends cordial greetings to all those
taking part. He is confident that, in grateful recognition of the
Society’s achievements over the last fifty years, current members
will renew their commitment to teach and implement the Church’s
juridical discipline, which promotes the “salvific character of the
Gospel message itself” (Sacrae Disciplinae Leges). Entrusting
the gathering to the intercession of Saint Raymond of Penyafort, the
Holy Father cordially imparts to all present the requested Apostolic
Blessing. Cardinal Tarcisio Bertone, Secretary of State”
The first fifty issues of Canon Law
Abstracts are now available on CD. The first part (1958-1983)
concerned the CLA prior to the Code; and the second (1984-2006)
concern the law from the 1983 Code onwards. The CD was produced by
the Faculty of Canon Law, St Paul University, Ottawa with the
approval of the CLSGBI. Father William Woestman OMI is the editor.
Congratulations are offered to Cardinal
Murphy-O’Connor on his 75th birthday in August 2007. He had already
submitted his resignation to the Holy See and has been asked to
continue as Archbishop of Westminster donec aliter provideatur.
In the England and French speaking
canonical world, there can hardly have been any Canonist who had not
heard of Fr Michael O’Reilly. He died at the Oblate residence at
Inchicore on 10 June 2007. He was a very much loved and man and was
described as “a man of the law of the Church…. There have been many
Doctors of Canon Law, but few who have earned the veneration among
us of Fr Michael”. His obituary is at Document No.X and the
panegyric preached at his funeral by Father Michael Hughes OMI is at
Document No.XI.
A slightly plaintiff feature was
observed on the Canon Law website which said:-
Dear Members
Recently, one of our priests was bestowed the office of honorary
Canon by the Bishop of a diocese in Easter Europe. Apparently, a
sizable gift was presented (as he noted in his bulletin:
$35,000).
The Bishop of the priest’s incardination (my Bishop) had agreed
to the bestowal of the honour in writing. Upon conferral of the
honour, the priest has written in his parish bulletin that a
(honorary) Canon is a type of Monsignor not recognised in the
United States. In last Sunday’s bulletin, he has a picture of
himself in his Canon robes and identifying himself as Monsignor.
My question relates to the provision of the Canons of the 1917
Code of Canon Law (particularly Canons 406 on honorary Canons
and 407 on privileges and insignia and their etiquette for
honorary Canons). The 1983 Code of Canon Law does not repeat all
of the Canons regarding the Chapter of Canons, nor doe sit
mention honorary Canons. Am I to apply the norms presented in
the 1917 Code as supplementary, or analogously, or in some other
mode (is this a lacuna?) when attempting to reel-in this loose
Canon (pardon the pun).
I am asking for your kind consideration and assistance in this
matter. The whole issue has become a matter of scandal and the
priest has become a laughing stock among the clergy of our
diocese.
I would appreciate any response.
Ever active as he is, Monsignor Gordon
read put the following message on the net :
Dear Members
I have concerns over the prudence of accepting an honorary Canon
in a diocese with which one has no connection, and of the
morality of money changing hands – sounds remarkably like simony
to me! The Holy See issued a circular on choir dress on 30th
October 1970 (AAS 63 [1971] 314-315, restricting a violet
mozetta to Canons who are Bishops, substituting black or grey
with purple trimmings. However, it was left to the Episcopal
Conferences to introduce this change gradually, and in practice
many dioceses have not done so. In Brentwood the chapter is
withering on the vine – the Bishop has not appointed any since
1983, and dispensed them from meeting! However, the statutes
remain in force, and following a rescript of Pius IX, for most
English chapters the choir dress is black cassock with red
trimmings, rochet and purple mozetta with ermine trimmings. The
Bishop may appoint honorary Canons (no number stated). These
wore the insignia but without attending chapter meetings. Some
diocese had or have other privileges. Those at Westminster were
entitled to the choir dress of Canons of the Lateran Basilica.
Certain chapters in central Europe were also accorded the status
of protonotaries apostolic, as St Mary Major. Whether this still
applies anywhere I am sure those with local knowledge can tell
us. One of our Canons retired to the USA some years ago and
found himself regarded as a somewhat exotic species!
Gordon Read
Quid de Re?
Everyone who has any contacts with the
Canon Law Society of America knows Fr Art. He will be leaving his
present job as Executive Coordinator of the Canon Law Society of
America at the end of June 2008. This announcement was received with
sadness after the excellent job which has been done by Fr Art.
The search is now on for his successor. The role calls for a degree
in Canon Law and having been an active member of the CLSA for some
years. The qualities required are listed in the CLSA Newsletter as:
(1) A Church person who values the Church, Canon Law, the Canon Law
Society and his/her present vocational state; (2) good physical and
emotional health; (3) a person committed to promoting the good of
the Canon Law Society of America; (4) a professional person with a
sense of responsibility to the membership; (5) an articulate
communicator with proven leadership gifts in working with and
guiding others and entrusting them with responsibilities; (6) an
organised person, good at organising, planning and following
through, coordinating the activities of the Canon Law Society of
America; (7) a person who can appreciate and contain costs within
budgetary limits; (8) a person with public relation skills; (9) a
kind, creative, sensitive person with a pleasant personal manner.
Members of the CLSGBI will be quite
delighted to learn that Fr Ladislas Örsy, known as Les, has been
awarded an honorary law degree by the Georgetown University. Father
Orsy has been the visiting professor at Georgetown for some years.
He is regarded as one of the outstanding Canonists and Canonical
authors in the USA. The congratulations of the CLSGBI go to Father
Les.
The Canon Law Society of Australia and
New Zealand will be holding its 41st Annual Conference between 17-20
September 2007 at the Chateau on the Park, Christchurch, New
Zealand.
The Canon Law Society of America will be holding its 69th Annual
Convention at the Hilton Costa Mesa Hotel, Costa Mesa, California
between 8-12 October 2007.
The Canadian Canon Law Society will be holding its 42nd Annual
Convention between 15-18 October 2007 at the Renaissance Fallsview
Hotel at Niagara Falls, Ontario, Canada.
It is not unusual to hear a person – who
buys a Catholic newspaper – saying they are going to stop taking it.
The person has discovered over a period of time that information in
such newspapers is, in fact, misinformation. A case of this appears
in a Catholic newspaper on 10 April this year.
The Dean of the Rota was pictured as wringing his hands at what was
happening in local Marriage Tribunals; i.e. the granting of decrees
of nullity. On reading this it was not too long before one
discovered within the piece something like in the region of seven
errors. These errors were not in the area of bicycle building or
book binding; these errors were in an area which concern vast
numbers of people. But misinformation about such crucial things as a
breakdown of marriage and the declaration of nullity is of profound
importance.
To begin with the Dean of the Rota does not spend his time
“overturning marriage annulments from local Tribunals”. He spends
his time acting as an Appeal Judge on cases already heard in First
Instance. Moreover no marriage Tribunal in the First Instance issues
a Decree of Nullity. This indicates that the statement about the
Sheila Rauch Kennedy case is completely inaccurate. Sheila Rauch
Kennedy’s husband (Mr Kennedy) petitioned for a decree of nullity
(after the breakdown of the union and a divorce – on the grounds of
the lack of due discretion in both the parties. At the end of the
case in Boston the Respondent (Sheila Rauch Kennedy) was advised of
the decision of the Boston Tribunal which was in favour of nullity.
She exercised her right (everyone’s) to seek for the appeal the
mandatory appeal to be heard by the Roman Rota. This is permitted to
anybody who is a Petitioner or even a Respondent in a nullity case.
No decree of nullity ever issued by the First Instance Court. No
decree of nullity was issued by the Boston Tribunal. It is necessary
for there to be two affirmative decisions by two Courts before a
decree of nullity can be granted. Such a decree of nullity is only
given at the Second (or sometimes Third or even Fourth) Instance.
The Courts that Mr Kennedy can presently follow (if he is at all
interested) is to appeal to the Third Instance at the Rota.
This misinformation contained in the so-called “Catholic paper”
perpetuates a whole series of inaccuracies both about this case as
well as about nullity cases in general It is a pity that “Catholic
newspapers” do not check their facts They might thus do less harm
and more good to their Catholic readers.
