A
Andreas_Hofer
Guest
Can. 27 - Custom is the best interpreter of law.I do not agree with the thesis here advanced – and since I was quoted in its context, I wish to clarify the fact that I very much disagree.
When I used to offer Mass according to the Vetus Ordo, I did so in careful compliance with its rubrics – just as I am conscientious about complying with the rubrics when I offer Mass in the Novus Ordo. When I offer Mass according to the Novus Ordo, while I am not unaware of the rubrics governing the Missal of Saint John XXIII, I would not consider the former rubrics as any sort of an “interpretive guide”.
Certainly, as one common example, the orans posture I adopt as I celebrate the Novus Ordo does not replicate the posture I would use in the Vetus Ordo.
So also for the showing of the consecrated host and chalice. Yes, the verb is the same in the Vetus Ordo and the Novus Ordo but the circumstances are normally quite distinct. I am certainly not interpreting how to comply with the rubric in one by how I comply with the rubric in the other. What was prescribed for showing in the Vetus Ordo (and which I have also seen done in an exaggerated fashion that is not particularly aesthetically pleasing) would be a gesture I would not replicate in the Novus Ordo since it is not normally necessary for the congregation to see beyond my body in order to see the Eucharist being held aloft…so the elements are held just above my eye level rather than above my head.
Canonists disagree as to which classes of custom (secundum, praeter, contra legem; optional, factual, legal) this canon actually refers, but the general rule is ancient and clear: when in doubt, see if there is a (historic and/or widespread) consensus of practice that could shed light. You’ve amplified my more limited assertion of the old Missal as an “important interpretive guide” into a much stronger norm for replication than I presented, and of course if the assertion were that one must comply as closely as possible with EF rubrics in order to say the OF properly I would join you in rejecting it. But by rejecting the former law as *any * sort of interpretive guide you reject the custom ‘according to the law’ that should be a resource, indeed, canonically among the best of resources, for interpreting similar language across alterations in discipline.
In this particular case I was not attempting to assert that one must show the Eucharist in exactly the same manner as in the EF, merely that to demonstrate that turning from side to side is hardly the only way in which showing might be accomplished (especially when one considers that the OF rubrics continue to presume ad orientem celebration and make no mention of turning to execute this showing). Custom according to the law would also reveal to us that when the popes turn in all directions at the elevation we ought not to *presume *that this is meant to be replicated by other priests and bishops (if they consider it appropriate) because it alerts us to the fact that by turning the popes are upholding a norm that was exclusive to their solemn Masses and thus, historically, intentionally different from other occasions.
But granted that we are working within the new flexibility created by the OF rubrics, I still stand by my assertion that not all licit options are of equal value, and this because of the role of factual custom. Beyond simply not committing outright liturgical abuses, and thus the creation of scandal, our liturgical tradition also used to warn priests against creating *admiratio * (surprise or astonishment) among the faithful. Thus factual custom - that which is not considered legally binding but still thoroughly expected - also shows its head. There are certain things which were once prescribed and no longer are, yet due to the near universal continuity that was brought about by an at least implicit or unconscious deference to previous rubrics the faithful now have certain expectations of how things are supposed to be done and they get upset and/or suspicious if a priest licitly departs from this customary practice. The OF does not say the priest must hold the Eucharist in both hands (or, for that matter, between thumb and index finger of those hands), but this came over so resolutely form the EF that some people are “astonished” when they witness a priest hold up the host with just one hand. The priest was within the letter of the law to do so, but if he has avoidably elicited that astonishment through inattention to factual custom (that arose, in turn, due to custom ‘according to the [previous] law’) he has used his freedom poorly.