Archbishop Burke issues decree against Fr. Bozek: denounces him for simony and heresy

[Caesar]

Article from the St. Louis Review

And here is the decree itself by His Grace Msgr. Raymond Burke, Archbishop of St. Louis:

**Decree of Extra-Judicial Adjudication

In the Matter of the Reverend Marek Boguslaw Bozek**

Whereas I have diligently examined and considered all and each of the indications [indicia] and proofs, which have been assembled and certified in the acts of the case in question, and which have been lawfully presented before me in the extra-judicial penal process held regarding the Reverend Marek Boguslaw Bozek of the St. Stanislaus Kostka Corporation, domiciled at 1413 North Twentieth Street in the City of Saint Louis, with the postal code of 63106-3256, who has been accused of having committed the following canonical delicts:

1. Protracted contumacy in schism (cf. can. 1364, s.2);
2. Pertinacious rejection of the Church’s doctrine, referenced in can. 750, s.2, infallibly set forth, that women cannot validly receive the Sacrament of Ordination to the Priesthood; and refusal to retract the rejection of Church doctrine after due admonition by myself as Ordinary (cf. can. 1371, para. 1);
3. Simony (cf. can. 1380);
4. Prohibited participation in sacred rites [communicatio in sacris] (cf. can. 1365);
5. Simulation of the administration of a sacrament, apart from the cases treated in can. 1378 (cf. can. 1379);
6. Usurpation of an ecclesiastical office (cf. can. 1381, s.1);
7. Illegitimate exercise of the priestly ministry (cf. can. 1384);
8. The external violation of divine or canon law, which because of its special gravity demands punishment, and which is coupled with the urgent need to prevent and repair scandal (cf. can. 1399); and
9. Public incitement of the subjects of the Apostolic See or an Ordinary to animosity or hatred toward the Apostolic See or an Ordinary because of some act of ecclesiastical power or ministry, and the provoking of the same subjects to disobedience against the Apostolic See or an Ordinary (cf. can. 1373).

Therefore, after having weighed all of the proofs and the arguments with two assessors (cf. can. 1720, s. 2), with only God before my eyes, I, by this my definitive sentence, consigned to writing, declare and pronounce, by my lawful exercise of jurisdiction, the quality and preponderance of the proofs, which are extant in the acts of the case, and with moral certitude (cf. can. 1608, s.1), that the Reverend Marek Boguslaw Bozek is guilty of having committed all of the delicts in nos. 2 through 9 above. Furthermore, by this my definitive sentence, I declare that the same delicts are fully imputable to the Reverend Bozek by reason of malice (cf. can. 1321, ss. 1-3), without exempting or mitigating circumstances (cf. cann. 1323-1324), within the time limits established by the Code of Canon Law, concerning both criminal (cf. can. 1362, ss. 1-2) and penal (cf. cann. 1363, ss. 1-2; and 1720, para. 3) actions, and, therefore, are fully punishable.

Wherefore, with respect to the same Reverend Bozek, I declare and pronounce the following:

continued below…

 

[Caesar]

Firstly, with respect to the accusation that he has committed the delict of protracted contumacy in schism (cf. can. 1364, s. 2), I hereby decree and provide that said accusation against the Reverend Bozek be remanded to be heard and decided immediately, not by means of an extra-judicial penal process and decree, but by means of the ordinary judicial penal process, so that the expiatory penalty of dismissal from the clerical state may be considered (cf. cann. 1336, s.1, para. 4; 1425, s.1, para. 2; and 1364, s.2). The Promoter of Justice of the Archdiocese of Saint Louis is hereby ordered to present to the Judicial Vicar of the Metropolitan Tribunal, as soon as is possible, the libellus of accusation against the Reverend Bozek for the commission of the delict of protracted contumacy in schism.

Secondly, that, because the Reverend Bozek has been found guilty of the most grave delict of simony, a crime committed against the Holy Spirit (Acts 8:18), any convention, lease, contract, quasi-contract, hiring, loan, or other agreement, even if only tacit or evidenced from circumstances, by which any monetary increase, benefit, assumption of debt, pension, insurance, legal service, or temporal advantage has been or will be provided in compensation for or in recognition of the celebration of a Sacrament by the Reverend Bozek is hereby declared to be null, utterly void, and unenforceable because it is contrary to Divine Law and the sacred canons (cf. cann. 1290; and 1333, s. 4; Codex Iuris Canonici Pio-Benedictinus, cann. 727-729; and Decree of the Holy Office, 2 March 1679, n. 45 [DS, n. 2145]). Any baptized Catholic who is party to, directs, engages in, votes for, or authorizes the creation or execution of any of the aforementioned simoniacal conduct commits that most abhorrent sin against the Holy Spirit and is, thereby, deprived of good standing in the Catholic Church and imperils the eternal salvation of his soul.

Thirdly, by reason of having committed all of the eight delicts indicated in nos. 2 through 9 above, the Reverend Bozek is to be punished by the imposition of the following penalties:

1. The mandatory penalty of a ferendae sententiae interdict;
2. The just ferendae sententiae penalty of restitution of all monies and material benefits, received by the Reverend Bozek, to their baptized and non-baptized contributors alike, as a result of the nullity, in both Divine and Canon Law, of any of the above-mentioned types of convention, which is claimed to exist between the Reverend Bozek and the St. Stanislaus Kostka Corporation, or any other juridical or physical person, or third party.

Fourthly, and finally, for having attempted to concelebrate the Most Holy Sacrifice of the Eucharist with individuals not possessing valid Holy Orders or Apostolic Succession, the Reverend Bozek is hereby denounced to the Holy See, so that the Congregation for the Doctrine of the Faith may exercise its reserved jurisdiction over the apparent commission of this added crime.

Wherefore, the Reverend Bozek is hereby notified that, if he desires to file recourse against this decree, he is required, for validity, to submit a petition to the undersigned for the revocation or revision of the same decree and sentence, within ten useful days from publication of this same decree (cf. can. 1734, ss. 1-2).

So that all may know the contents of the present canonical decree, I order that this decree be published in the next edition of the St. Louis Review, which official publication of the Archbishop of Saint Louis, in accord with the particular legislation issued at Saint Louis, on the ninth day of November in the Year of the Lord 20078, constitutes notification by edict and execution of this my definitive Decree and Sentence.

Issued and read, at Saint Louis, on the fifth day of March in the Year of the Lord 2008.

SEAL

(Most. Rev.) Raymond L. Burke
Archbishop of St. Louis
(Rev. Msgr.) Henry J. Breier
Notary

 

[flameburns623]

Thanks for all of the information. I followed the links and learned a lot. Much obliged!

 

[Ender]

I found delict #2 the most interesting:

1. Pertinacious rejection of the Church’s doctrine, referenced in can. 750, s.2, infallibly set forth, that women cannot validly receive the Sacrament of Ordination to the Priesthood; and refusal to retract the rejection of Church doctrine after due admonition by myself as Ordinary (cf. can. 1371, para. 1)

I’m willing to bet that a lot of people are still unaware that the prohibition against female priests has been declared an infallible doctrine.

Ender

 

[lizaanne]

I love Archbishop Burke - may God grant us more and more holy men like him.

~Liza

 

[Dandelion_Wine]

That was a great read Caesar.

God bless His Grace Msgr. Raymond Burke

 

[ALLGIRLS]

I read that in the Review this weekend. I’m a little confused about the simony charge. Is that because Bozek is excommunicated, so he’s technically not allowed to offer sacraments, so any stipend he might receive would automatically be simony? Or was he actually outright charging for sacraments?

In Christ,

Ellen

 

[Corki]

Wow! The narrative in the comment of the link the OP included is the best I have read on this sad situation. I cry to think that this priest has ended up in this situation, I don’t think it was entirely of his own doing.

I hope AB Burke is made a Cardinal soon like his predesessor. His wisdom and application of Canon Law leave me awestruck. Bravo!

 

[lizaanne]

I hope AB Burke is made a Cardinal soon like his predesessor. His wisdom and application of Canon Law leave me awestruck. Bravo!

I think he serves us better where he is. If he ends up a Cardinal and goes to Rome that is one more good Archbishop lost from this country and out of touch. While I agree, it would be lovely to see him elevated, I think he serves his people and his Church better as Archbishop.

~Liza

 

[qui_est_ce]

I love Archbishop Burke - may God grant us more and more holy men like him.

~Liza

I said that to a friend in choir and she crossed herself in dismay! I think I am going to be more outspoken in my admiration for him!

 

[peregrinus_WA]

I think he serves us better where he is. If he ends up a Cardinal and goes to Rome that is one more good Archbishop lost from this country and out of touch. While I agree, it would be lovely to see him elevated, I think he serves his people and his Church better as Archbishop.

~Liza

But would be better if he came here. Right Liza?

 

[qui_est_ce]

But would be better if he came here. Right Liza?

You can’t have him, he’s ours!

 

[lizaanne]

But would be better if he came here. Right Liza?

MAN - could we use him here to be sure!!!

Can’t we clone him? Oh - right, no cloning…hmmmm…must continue to pray then.

~Liza

 

[qui_est_ce]

MAN - could we use him here to be sure!!!

Can’t we clone him? Oh - right, no cloning…hmmmm…must continue to pray then.

~Liza

You would be amazed at the animosity against him in St. Louis. Maybe there’s a silent majority?

 

[Caesar]

You would be amazed at the animosity against him in St. Louis. Maybe there’s a silent majority?

When he preached at a Lenten retreat at St. Francis de Sales Oratory yesterday on the topic of scandal in the Church he recieved a standing ovation.

Who complains about him?

 

[frommi]

I would surmise that if Abp Burke becomes Cardinal Burke, it won’t be in St. Louis…and given that his brother bishops seem to be rebuking him a tad lately…a move to another archdiocese seems unlikely in the short run…but one never knows how these things work out in the long run.

 

[qui_est_ce]

When he preached at a Lenten retreat at St. Francis de Sales Oratory yesterday on the topic of scandal in the Church he recieved a standing ovation.

Well he’s preaching to the choir there.

Who complains about him?

The liberals in my parish who attended WomenPriests and supported St. Stan’s. Even choir director had “Save St. Stan’s” bumper sticker plastered to the organ. Maybe I should go to St. Francis sometime. Haven’t been to a Latin Mass there since it became an Oratory.

I did go to a Polish mass at St. Agnes, and the people there were very pro Burke. It was refreshing.

Archbishop Burke gives good homilies. I’ll check the St. Louis Review to see his schedule. I need a breath of fresh air.

 

[qui_est_ce]

When he preached at a Lenten retreat at St. Francis de Sales Oratory yesterday on the topic of scandal in the Church he recieved a standing ovation.

Did he explain why the charge of Simony?

 

[onetruechurch]

I think he serves us better where he is. If he ends up a Cardinal and goes to Rome that is one more good Archbishop lost from this country and out of touch. While I agree, it would be lovely to see him elevated, I think he serves his people and his Church better as Archbishop.

~Liza

I like the sound of that…“ends up a Cardinal and goes to Rome” Just think, as a Cardinal he is eligible to become Pope. As wonderful as our present pope is, he is getting old and we need to have Abp Burke start the apprenticeship! I hope Pope Benedict lives many years so all his holiness can rub off on our Pope in training.

 

[qui_est_ce]

I like the sound of that…“ends up a Cardinal and goes to Rome” Just think, as a Cardinal he is eligible to become Pope. As wonderful as our present pope is, he is getting old and we need to have Abp Burke start the apprenticeship! I hope Pope Benedict lives many years so all his holiness can rub off on our Pope in training.

Cardinals can be Archbishops.