Let’s look at canon 392.
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Can. 392 §1. Since he must protect the unity of the universal Church, a bishop is bound to promote the common discipline of the whole Church and therefore to urge the observance of all ecclesiastical laws.**
It is the bishop’s role to protect the unity of the Church. If in his estimation, the introduction of an additional mass at a parish is unhealthy to the unity of that parish, he can prohibit or delay it. He is the pastor. The pastor of the parish is simply his delegate.
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§2. He is to exercise vigilance so that abuses do not creep into ecclesiastical discipline, especially regarding the ministry of the word, the celebration of the sacraments and sacramentals, the worship of God and the veneration of the saints, and the administration of goods.**
This would certainly apply in the case where there are not enough priests to insert another mass into the schedule. It would be an abuse to have any priest celebrate three masses unnecessarily.
Now let’s go back to SP.
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the pastor should willingly accept their requests to celebrate the Mass according to the rite of the Roman Missal published in 1962,**
The pastor must act in good faith. However, SP does not say that the pastor must provide an EF. It stops short of that.
Obviously, if the pastor is being mean, there is legitimate reason to approach the bishop. If the pastor puts legitimate reasons on the table for waiting, the bishop is not going to overrule him. No bishop wants to lose a pastor. We don’t have a long line of applicants to be pastors, especially now that male religious are pulling out of most middle class parishes. Let’s not forget that a secular priest is called “secular” for a reason. He is of the world. He has every right to resign, if he feels that he is being bullied by the bishop and the laity.
If the pastor belongs to a religious order, this is a whole other issue. No pastor who belongs to a religious order can grant permission for a public celebration of the EF by a member of his order, without the permission of the major superior. The major superior is the Superior General or the Provincial Superior. In large orders, they often delegate this to the local superior. Even if you have a stable group and you have a slot on the schedule, if the superior says “No”. The answer is no. The laity never has the right to go over the head of religious superior. That would be like going over the head of a bishop, since the religious superior is also an ordinary. In that case, the group would have to ask the bishop if he can find a priest who can celebrate the mass for it. It cannot ask the bishop to force a Salesian to celebrate an EF, if the superior has already said, “No.”
SP is very careful to ensure that there is a distinction between the right of a priest to celebrate the EF and the right of authority to determine whether or not he can celebrate it in its parish and on its time.
The key here is that the pastor is not telling the priest that he cannot celebrate an EF. He’s saying that he will not change the mass schedule to accommodate an EF. The pastor can do that, unless the bishop commands him to change the schedule. If the pastor does not change the schedule and Father already has two masses in English, he can’t celebrate a third mass without the bishop’s permission and at a time when it does not pose an inconvenience to the parish. SP is very clear.
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ensure that the welfare of these faithful harmonises with the ordinary pastoral care of the parish,**
Some people believe that SP gave priests a blank check. It did not. It gave diocesan priests permission to use the 1962 missal without asking for permission. That was it. It did not give diocesan priests permission to overrule their pastors or bishops.
It gave religious superiors permission to authorize the use of the 1962 missal in public. It did not give religious priests permission to celebrate the EF without the superior’s permission, even if that priest is a pastor or the superior is a brother. He’s still the superior.
First question: Can we use the 1962 missal? Yes, as long as you meet the criteria of SP and UE.
Second question: Can I use the 1962 missal at any time? No. You cannot upset the unity and well being of your parish or your religious community. You must coordinate with the proper authority.
Third question: Can the bishops say that I can’t celebrate the EF? No. He does not have the authority to deny you.
Fourth question: Why did the bishop say I could not insert the EF into my parish’s Sunday schedule? Because as the supreme pastor of the diocese, the harmony of the parish, the schedules and the number of masses that priests celebrate are his responsibility to oversee. He can deny permission to change a schedule or deny permission to celebrate more than on mass per day. He is not denying permission to use the missal. It would be the same reason for denial that he would have if someone asked to insert a Japanese mass.
I hope this works.
Fraternally,
Br. JR, FFV
