NEWSLETTER NO. 155 SEPTEMBER 2008
1. Reply concerning certain
baptismal formulas with inclusive language [Congregation for the
Doctrine of the Faith] (1st February, 2008) & Commentary [Mgr
Antonio Mirares]
2. Invalid Baptisms [Rev John Boyle]
3. Whither the Parish? [Mgr Gordon
Read]
4. Excommunication for the Attempted
Ordination of Women [Mgr Gordon Read]
5. Dissident Religious in Poland
[Mgr Gordon Read]
6. Diocesan Reorganisation in France
[Mgr Gordon Read]
7. English Translation of the Roman
Missal [Mgr Gordon Read]
8. The Knights Templar and the
Parchment of Chinon [Mgr Gordon Read]
9. The Right to Marry [Fr J D Ardagh-Walter]
10. A Further Look at Perpetuity
[Rev John Hadley]
11. Another Look at Perpetuity:
Revisiting the Jurisprudential Criteria for c. 1095, 3 [Lynda
Robitaille]
12. Eastern Rite Catholic in the
British Isles [Rev Derek Vidler]
13. Revolutionary, Modernizing Pope
[Gian Paolo Romanato]
14. Book Review: "The Office of
Dean, Episcopal Vicar & Vicar General with the Bishop in the
current structures of the Diocese of Nottingham" [Paul Robbins]
15. Obituary: Rev Mgr William J
Mitchell
In 2004, the Archbishop of Brisbane,
Archbishop John Bathersby, wrote to the parish priest at St Mary’s,
South Brisbane, Father Peter Kennedy. The Archbishop told Father
Kennedy to comply with the norms of Redemptionis Sacramentum;
and to use the correct formula for the administration of baptism and
to cease using the terms The Creator, The Liberator and The
Sustainer. Father Kennedy begged to differ from the Archbishop’s
suggestion that he had been baptising invalidly. The Archbishop had
discovered what was happening in the parish of St Mary’s from a
worried relative who had been at a ceremony of baptism.
The matter was referred by the Archbishop to the Congregation for
the Doctrine of the Faith; and the Congregation immediately set to
investigating and considering the Dubium. A reply to this
Dubium was issued on 1 February 2008. The reply makes it quite
clear that the suggested inclusive language formula was invalid.
[see Document No.I]
Father John Boyle, lecturing in theology at Wonersh, has written a
short comment on the whole situation [see Document No.II].
Monsignor Roch Pagé, the well-known
Canadian Canonist, gave a paper to the 41st Annual Conference of the
Canon Law Society of Australia and New Zealand (17-20 September
2007) at Christchurch, New Zealand. His paper was a development of
some ideas produced in a paper given at The James Provost Lecture
Series in March 2005 in Washington. This paper was entitled "The
Future of the Parish and Present Canonical Legislation." Monsignor
Gordon Read considered the paper and suggested that the title might
be entitled "Whither the Parish"! The reason for this suggestion is
that a conclusion from the Christchurch paper might well be that the
territorial parish is a thing of the past.
There are two problems involved with this topic. One concerns the
reduction in the number of clergy who serve in parishes. The other
is the reduction in the number of people attending Mass. But the two
problems have to be confronted at the same time, although the
problems are essentially different. The Code itself provides for the
shortage of priests in Canons 517 §2 and 526 §1. But the Code does
not confront the decline in religious practice. However, the
question to be asked is whether alternative structures must be
considered whereby the Bishop can meet the needs of a shrinking but
not necessarily less zealous community. The paper given by Monsignor
Pagé can be read in extenso in Proceedings of the 41st Annual
Convention of the Conference of the CLSANZ 17-20 September 2007, pp
15-36. Monsignor Gordon Read’s comment is in Document No.III.
On 19 December 2007, the Congregation
for the Doctrine of the Faith issued a decree
warning of a Latae Sententiae penalty for one who attempts to
confer a Sacred Order on women as well as for the women in question.
This decree became necessary because of a number of attempted
ordinations of women as bishops and priests; and the subsequent
ordinations conferred by these women.
Various names of persons excommunicated have already been published
by the ecclesiastical authorities. A few of them are: Kathy Redig,
Kathy Sullivan Vanderberg, Patricia Fresen, Rose Marie Hudson and
Elsie Mae McGrath; and one Romulo Antonio Braschi who had ordained
these women. There was another batch of women also “ordained” by
Romulo Braschi made up of Christine Mayr-Wonetzberger, Adelinde
Roitinger, Gisela Forster, Iris Mullen, Ida Raming, Pia Brunner and
Dagmar Braun Celeste (aka Angela White). Monsignor Gordon Read, in
his comment, points out that the CDF has focused simply on the act
of simulating a sacrament (and taking part in such action) rather
than the issues of faith or schism. [see Document No.IV]
The Universe of 25 May 2008 carried a
headline “Police track down rebel nuns to a new base in Eastern
Poland”. One must admit that this headline (and others slightly more
lurid) provide a flicker of slightly greater interest than the
Pope’s red shoes, the newly pallium or more lace on the papal alb.
The Congregation of Sisters of the Family of Bethany was founded as
a Diocesan Congregation in 1930, but was made “of pontifical right”
in 1992. The work of the Order was based on helping priests in their
parish work – teaching religion, visiting the sick and working as
sacristans and Church helpers. This was an active Order with St
Martha as its model. The principal House was in Kazimierz Dolny. The
Superior General was Sister Jadwiga Ligocka. However, Sister Jadwiga
felt that the inspiration of the Sisters of the Family of Bethany
should actually be St Mary Magdalen, with a more contemplative
lifestyle.
Apparently the “private revelations” to Sister Jadwiga led to her
refusal to co-exist with the local Bishop or with the Congregation
for Religious in Rome. In spite of the appointment of a new Superior
by the Congregation for Religious, Sister Jadwiga paid no attention.
A Court Officer was charged with the eviction of Sister Jadwiga and
her companions; and was initially unable to gain access to the
Convent. However, the police forced an entry into the building.
During these proceedings Sister Jadwiga was arrested and charged
with a breach of the peace. She and her adherents disappeared for a
while but have now been discovered in Eastern Poland. Monsignor
Gordon Read considers the canonical implications of this absorbing
tale. [see Document No.V].
The 1983 Code included some changes and
instructions for the structure of dioceses. Two Canons were included
in the Code which would hardly have set bells ringing in the ears of
many Canonists. These are Canons 431 §1 and 435. The first of these
dealt with the grouping together of neighbouring particular Churches
into ecclesiastical provinces. This would have hardly been of any
significance in this country.
However, the L’Osservatore Romano (English edition) for 9
April 2008 reported that the Diocese of Lille had been raised to the
level of a Metropolitan See; and that the former Metropolitan See of
Cambrai would now be the suffragan of the new Metropolitan See. This
was a strange demotion. However, a great deal of history lay behind
this alteration. The historical background has been studied by
Monsignor Gordon Read who presents his commentary on the whole
matter at Document No.VI.
The new translation of the Roman Missal
continues on its way. The whole project of the new translation has
been on the way since 2002. One of the elements of all this work has
been the nomenclature used for the work. Various terms used to
indicate the stages of the translation around the English speaking
world were based on parliamentary terms. All of this concerns eleven
Conferences of Bishops that make up ICEL, namely: Australia, Canada,
England and Wales, India, Ireland, New Zealand, Pakistan,
Philippines, Scotland, South Africa and the USA.
The Green Book is the initial draft translation of the 2002 Roman
Missal in English (which includes the appendices). This version will
be circulated to all the Conferences listed above. The Bishops of
these Conferences are invited to submit comments. When these
comments have been studied a version will be produced to be called
the Grey Book. This will be studied and the final version will be
called the White Book which needs to be agreed by two thirds
majority and this will be submitted to the holy see for its
recognitio. It is understood that the approval and confirmation
of the new Roman Missal in English will be completed by the end of
2009. Monsignor Read has written a commentary on the whole procedure
at Document No. VII.
It is certainly not clear as to why the
Vatican Secret Archives announced its publication of a book
called The Processus Contra Templarios in October 2007. Was
it pure and clear eyed concern with history and scholarship and the
recent discovery of a misfiled document relating to the Knights
Templar; or was it responding to the interest that had been
stimulated by The Da Vinci Code? The latter had produced very
strong interest in the Knights Templar. The luxury edition of the
Processus has been produced with a print run of 800 in October
2007; with the cost per volume of $8,377!
Following this announcement, Monsignor Gordon Read did some research
and decided there was considerable interest in the document produced
by the report of an investigation by the Church Authorities in 1308;
and the subsequent dissolution of the Order in 1312. There is also
interesting material about the disposition of the wealth of the
Templars. The principal hand in the dissolution was King Philip IV
of France; and to him eventually went a large tranche of the Templar
wealth; and also to the Knights Hospitaller St John (Knights of
Malta). The process of the investigation of 1308 seemed to reveal
very little of wrong doing by the Templars. It would appear that the
chances of the Templars remaining undisturbed (though perhaps
reformed) would have been much greater had not Philip IV cast his
eye upon the Templar wealth. As Monsignor Read comments “the end of
the Templars was the result of their success, popularity, politics,
power and money. [See Document No. VIII]
The Code of Canon Law indicates that
everyone can enter marriage who is not prohibited by law (Canon to
refuse Marriage 1058). The Code indicates that the civil authorities
have the right to issue regulations with regard to the civil effects
of marriage (Canon 1059). The present situation in this country is
that the Home Office reserves to itself the right to decide whether
or not a person may marry. This “right to decide” has nothing to do
with whether a person is free to marry. The “right to decide” arises
from regulations here about a person’s immigrant status.
Outside ordinary situations, where there is a matter of immigrant
status, the picture becomes very clouded. It has been pointed out
that “the only category of persons who normally have no right to
marry are slaves”. There were great celebrations in this country in
March 2007 to commemorate the 200th anniversary of the abolition of
slavery. The Abolition of the Slave Trade Act dated from 25 March
1807. However, slavery itself was only outlawed in 1883. Wide
comment was made at the time that there are still examples of
virtual slavery in the situations of some domestic Filipinos or
immigrant prostitutes or labourers. (Recall the case of the twenty
one Chinese cockle pickers drowned in Morecambe Bay in February
2004). The situation is highly complicated and needs teasing out.
Father David Ardagh-Walter, a parish priest in London’s Tollington
Park goes into the situation at Document No.IX.
Canon 1095 no .3 indicates that “those
who because of causes of a psychological nature who are unable to
assume the obligations of marriage cannot contract a valid
marriage”. However, as Canonists are aware, the matter does not stop
there. The matter of perpetuity must be considered. Father Lawrence
Wrenn talked of this “perpetuity” in the 1970 edition of his
Annulments; also in the 1978 edition. His understanding of
perpetuity then was as follows: He said: “Incompetence is considered
to be present when at least relative to the marriage in question, it
is incurable or when curable only by (1) a miracle; (2) illicit
means; (3) means which involve probable danger to someone’s life;
(4) means which involve serious harm to one’s health; or (5)
probably unsuccessful means.
However, in the later editions of Wrenn’s Annulments (1983)
and The Invalid Marriage (1998), he indicates that the
perpetuity to be considered is not the perpetual incapacity for
assuming the obligations of marriage but rather the capacity for
assuming the obligations perpetually.
In Document No.X Father John Hadley who lectures in Philosophy,
considers the matter of perpetuity from a philosophical point of
view. He starts from the premise that he has grave difficulty in
understanding a lack of something; “surely we could only understand
what is there”.
The whole concept of the perpetuity involved in Canon 1095 no.3 is
the topic of a paper by Lynda Robitaille at Document No.XI. The
paper by Lynda Robitaille was originally published in Studies in
Church Law No.1, 2005, pp. 315-358. That paper is reproduced
here by kind permission of the Editor of Studies and of Ms. Lynda
Robitaille herself.
The increase in immigration to this
country has meant that there have been more Catholics of the Eastern
Rites settling here. Most Canon Lawyers will have come across
members of the Ukraine Exarchate (based at the Ukrainian Cathedral
in London). They may also have discovered members of the Chaldean,
Melchite and Maronite Churches. They will also be aware of the Code
of Canon Law for the Eastern Church. If an Eastern Rite Catholic
approaches a Tribunal there is much scampering around to find what
to do and who to do it and where.
Perhaps the apex of general knowledge in Tribunals about Eastern
Rites (Catholic and non-Catholic) concerns cases involving defect of
Form. There is certainly no widespread knowledge of numbers of
members of Catholic Rites. Happily this was a specific question
which needed an airing, The Judicial Vicar of Southwark, Father
Derek Vidler, has prepared a study of the functioning of the Eastern
Rites. His paper is at Document No.XII
Although reform and renewal had been
part of the aim of the Council of Trent, the actual reform of the
law of the Church took much longer to come to life. It was after the
traumatic events of the French Revolution and the Napoleonic Empire
that the need for reform took shape. The birth of nation states and
the emergence of the system of liberal government radically modified
the juridical and institutional relationships between Church and
State.
The new situation after the First
Vatican Council provided the emergence of two elements: the Pope is
deemed as infallible at the moment that he ceased to be Pope and
Monarch. This situation demanded the reform of Canon Law. The
problem then was whether there was merely the need to catalogue the
canonical material since the middle ages and pruning away what had
fallen into disuse; or whether there was a need to re-think the
whole of the Church’s laws along the lines of the Napoleonic
Reforms. Although preference was given to the latter, the weight of
opinion in Rome itself was heavily in favour of the first position.
It was said that this meant the task was so immense that neither
Pius IX or Leo XIII dared to begin it.
In fact, the task fell on the shoulders
of Pius X, elected in 1903. Papa Giuseppe Sarto distinguished
himself by breaking the pattern of inertia and was not too
intimidated to confront the difficulties; and chose the right person
for the supervision of the work which would involve the entire
Catholic universe. He chose Cardinal Pietro Gasparri, at that time
in his early fifties. This whole background is written up in article
in L’Osservatore Romano, 4 June 2008, p.314. [See Document
No.XIII]
The seventh in the series of the
Lyndwood Lectures will be given by Archbishop Peter Smith,
Archbishop of Cardiff on Wednesday, 5 November 2008. The time is
6.30 pm for 7. The talk will be in the Cathedral Hall. It will be
followed by a buffet, supper and wine. The cost is £30 per ticket.
The topic chosen by the Archbishop is Engaging with the State for
the Common Good; Some Reflections on the Role of the Church. The
Lyndwood Lecture is given every two years under the auspices of the
Ecclesiastical Law Society and The Canon Law Society. Tickets may be
obtained from Ms Kate Dunn, Canon Law Society, Candida Casa, 8
Corsehill Road, Ayr, KA7 2ST [tel: 01292 266 750] with a cheque for
£30 made payable to the Canon Law Society of GBI.
Congratulations are offered to the new
Judicial Vicar of the of Clifton. He is Father Richard Dwyer. Father
Dwyer was ordained in 1980; and after a number of pastoral
appointments he studied Canon Law at Loeven between 1997 and 1999.
He was appointed Associate Judicial Vicar of Clifton in 2002; and
Judicial Vicar to follow Monsignor Billy Mitchell in December 2007.
His Tribunal Administrator is the Reverend Deacon Vincent Calder.
The 42nd Annual Conference of the Canon
Law Society of Australia and New Zealand will be held between 15-18
September 2008 at The Holiday Inn Hotel, Hindley Street, Adelaide,
South Australia. Present at the Conference will be Bishop Geoffrey
Robinson, who will talk on the topic of The Pope and Bishops’
Collegiality and he will also give a talk on The Sensus Fidei of
All Catholics.
The Bishop of Nottingham, Bishop Malcolm
McMahon, wrote the introduction to a book called The Office of
Dean, Episcopal Vicar and Vicar General with the Bishop in the
Current Structures of the Diocese of Nottingham. He referred to
a set of discussions which have taken place in Nottingham about the
roles of the people mentioned in the title. He said that those
discussions had presented a welcome opportunity to consider the good
and the less good aspects of “our current working arrangements, so
that we would be able to define our roles with greater clarity, and
thereby improve the governance of our diocese”. Paul Robbins has
reviewed the booklet [Document No. IV]. He finds it an interesting
and handy reference book although he does remark on the absence of
any information about the Tribunal. The booklet can be obtained
from: The OGF Office, Diocesan Centre, Mornington Crescent,
Mackworth, Derby, DE22 1BD. A voluntary contribution of £5 is
suggested to cover postage and printing; and presumably an A5
stamped addressed envelope.
Sincere condolences of the Society are
extended to the Diocese of Clifton and to his family on the sad news
of the death of Monsignor “Billy” Mitchell on 29 August 2008 at the
age of seventy-two. Monsignor Mitchell had been the Judicial Vicar
of the Clifton Diocesan Tribunal. He had taken over from Monsignor
Joseph Buckley. An obituary for him appears at Document No.XV.
