Took your bishop long enough to comply with Canon Law
I think that is why Pope Benendict included that in Sacramentum Caritas. That is an Apostolic Exhortation, which is primarily a vechile that does not teach anything new, but reminds us to do what we should have been doing all along.
In S.C, Pope Benedict asks of the bishops and priests
The part 'to use Latin and execute Gregorian chant" is in a ‘continuing’ sense, in that the action goes forward. Not only are they to learn Latin, but to use the Latin texts and Gregorian chant regularly.
The preist I mentionted earlier, the one who took the time between ordination and the start of his first assignment to learn the EF from the priests of St. John Cantius, was ordained 4 years ago. Our seminary has been in compliance re Latin for since at least the late 90’s.
I urge caution and charity when using the term “compliance” and when quoting this statement by the Holy Father.
First, the statement itself is not law or binding. It was not delivered that way. The Holy Father says, “I wish”. Law has very deliberate wording and there is a very deliberate format for making legal decrees. For example, when we read SP and the Holy Father says that all secular priests may celebrate the EF without permission, he uses the legal format. He avoids words such as “I wish, I think or It may be a good idea.” The wording is very direct. “They may celebrate.” That’s a law. At some point, it will most likely be inserted into Canon Law.
Second, you said above that it took the bishop this long to come into compliance. We can’t make such statement. The US Conference of Bishops has had a dispensation from the Latin from Pope John Paul II. That dispensation has never been retracted. Individual bishops can make use of the indult not to teach Latin or not make use of it, since the indult covers all the bishops. They don’t have to ask for permission individually. The remains in place because many dioceses cannot afford their own seminaries.
In the case where several dioceses or even dioceses and religious share a regional seminary, the seminary must accommodate to the shareholders. That’s why these indults were granted. You can’t be out of compliance, if you’ve been exempted from the law.
With every law, bishops and religious superiors always have one of four possibilities.
- Apply immediately – that’s pretty straightforward.
- Apply by X date or Y number of years
- Apply when the conditions allow it
- Apply when it is not contrary to ordinary law – this is for religious, it refers to their particular laws
If there is a situation that does not allow for any of the above, the individual bishop, the conference of bishops or the religious superior can ask for an indult.
The issue with indults is that normally, bishops and religious superiors don’t share the information with the general public. They share it when asked. People may not know that there is an indult or dispensation from the law and jump to the conclusion that someone is non-compliant.
Having been in religious life for many years and working for dioceses for many years, I can assure you that for every law there are three exceptions that are in some letter that only a few have ever seen.
Of course, we have to graciously accept when a priest simply says, “No, I don’t want to celebrate the EF.” SP gives the secular priest that choice and we cannot hold it against him. I know a secular priest who is a very holy and devout man. He has been asked four or five times and he has always said, “Thank you for the request, but I’d rather not.”
Many dioceses and religious communities who have not studied Latin or do not do so now, are not guilty of anything. They have permission not to do so, just as they have permission to decline the invitation to celebrate the EF. In our eagerness to see an EF mass, we must exercise restraint and allow diocese and religious communities to do it or not do it on their terms, when their terms are in keeping with the law or they are an exception to the rule. If someone violates the law, then we have a legitimate complaint.
Fraternally,
Br. JR, OSF
