This was on the Rorate Coeli comment page:
I read the entire article and there ae several points that are not quite kosher. No one ever said that the FSSP is guilty of anything, not even the bishop.
The second point that requires some legaal clarification is the statement that the bishop does not have the authority to modify the way that communion is distributed in the EF… This is inaccuarate. The bishop is the supreme liturgist in his diocese. He has the athority to grant dispensations as logn as they are not from the matter and form. Receptiion of communioin on the tongue is neither matter nor form. It is part of the Extraordinary Form, but if you suspend it for a time, you are not changing the Extraordinary Form. You are changing the manner of distributing communion, not the form of the mass. It is the form of the mass that no bishop can change Of course, a major religious superior can permanently change how you receive communion in the Tridentine or the Ordinary forms. Even there, he can ony make that permanent change in his jurisdictioin, not in the diocese. Just as the indult to receive communion in the hand has been granted to those who attend the OF, there is nothing is law that says that it cannot be extended to those who attend the EF. It must be understood that an indult is not pa erment change and is subject to review by the proper authorities. Often the laity don’t know that the bishops do have the authority to make temporary exceptions. All long term-changes must come from the USCCB and approved by Rome.
Even when a Roman Congregation has issued a decree, bishops, abbots, and major supeiors of men have the authority to grand dispensations from their excecution. They may not make general policy that is in conflct with the decree, unless they are exempt from it by canon law or what is also known as common law. Common law would be the rule and constitutions of a religious order of pontifical right. These writings always trump the decrees of the congregations, unless the Holy Father personally intervenes and abrogates the article in thje rule or the constitution that is in conflict with the decree. Most peple don’t know this. That’s why Summorum Pontificum made explicit mention of regular priests needing to take up the issue of the EF with their major superiors according to the norm of particular law, meaning the common law of the religious order. Pope Benedict did not authorize to have Summorum Pontificum applied over the desires of the major superiors or the rules of the founders. No Sacred Congregation has authority over a religious founder.
If the question about this bishop and the communion in the hand were taken up in an ecclesial court, the canon lawyers would be able to prove, without a doubut, that there have been and are currently presedents that grange bishops, abbots and male religious superiors the authority to make temporary changes in the manner of distributing communion, despite the decrees of the Sacred Congregation. It would then be up to the Sacred Congregation to defend itself by proving that its decree trumps precedence. This can be done if they have a bull on their decree. Without a bull, even with the pope’s signature, the decree does not trump practice. The rule of the Church is that if something has been in practice for 100 years or more, the practice becomes a rule until it is abrogated by canon law or the pope. So, if it has been practice for bishops, abbots, and religious superiors to grant dispensations from certain regularions in the liturgy for 100 years or more, then it is defensible in a court of law. The fact is that bishops, abbots, and major superiors of men have been making exceptions and granting indults on how communion is received for hundreds of years. The Benedictine abbots, Franciscan ministers, and Carmelite priors have been granting dispensations and indjults, unchallenged, on the manner that the Eucharist is received since the Middle Ages.
Finally, the argument that receiving the Eucharist in the hand is a sacrilege is not valid. It is not. It’s not even a sin. This argument comes from a mistaken statement made by Thomas Aquinas. He made it with good intentions. But he was mistaken. He said that only the consecrated hands of the priest could touch the host. This was only the case for a short time in the history of the Western Church and only in some palces. Deacons have always been one of the three normal ministers of holy communion. Deacons are not consecrated persons. Most of them are secular men. The deacon’s hands are not consecrated.
Among Franciscans, where the number of ordained friars is deliberately kept smaller than that of lay brothers and permanetn deacons are only allowed by permission fomr the Minister General for very good reasons, our lay brothers and cloistered nuns (going back to Clare) have always taken care to take communion to the sick members of the community whould could not attend mass at the local parish. Only when a house had an ordained friar, did they have mass at the house. Therefore, there is no such sacrilege. Carmelites and Benedictines have had the same practice, although less frequent among the Carmelites, because they are a clerical order.
Clarity is important in understanding any situation. Otherwise we may find outselves in a position of reacting, rather than looking for solutions. Reacting is the furthest form of behavior from good Catholic mystical theology. Mystics do not react. Like Mary, the msytic stands at the foot of the cross and ponders. Like Mary, the msytic growths in self-control, dignity and charity in the face of perceived sins and errors. That is our universal call to holiness.
Let us discuss this situation as if we were Mary, with a contemplative attitude and behavior, not a reactionary or emotional one.
Fraternally,
Br. JR, OSF
