This was John Cameron’s answer to me some time ago when I asked him what a stable group meant. John’s forum member name is cameron_lansing and he is a canon lawyer. I thought this would be of interest to all.
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“What is the definition of “stable group”? I couldn’t find a minimum number or minimum percentage of people required. Without a definition who decides what that means?”
What constitutes a group of the faithful adhering to the former liturgical tradition that can be said to be continuously existing in a parish so that the pastor is to freely accept their petition to celebrate the Mass according to the 1962 edition? (“In paroeciis, ubi coetus fidelium traditioni liturgicae antecedenti adhaerentium continenter exsistit” in article 5§1). This seems to suggest that there is some existing and identifiable group with a history of adherence to the extraordinary use rather than a group which now arises completely anew.
Must this group consist of territorial parishioners or could it be a group of people from areas outside of the parish? The former case would appear the more likely one that would apply to a pastor, since he is responsible to provide or to make provision for those in his parish (see cc. 515, 527-530). The latter case would suggest the need for the ordinary, here the diocesan bishop, to make provision, possibly even by the personal parish mentioned in the m.p.
The text of article 5§1 reads “continenter” or “continuously” to describe the existence of the group rather than “stabiliter” or “stably” (as one of the translations would suggest), but perhaps not too much of a nuanced difference is intended. “Stabiliter” in canonical language would impose a heavier weight than “continenter.” It is used to something which exists in law, such as a parish, or an ecclesiastical office. Given the sense of the m.p. that we “generously open our hearts and make room for everything that the faith itself allows,” I do not think that is the intention. The pastor has room for discretion, but his decision to deny can be appealed to the ordinary, and that further decision can be referred to Ecclesia Dei.
“Let’s say there is a stable group in a parish but there are no priests who know the Latin Mass (that could be most parishes). How can such a Mass take place then? Some people might argue that a congregation can learn prayers by heart but don’t need to understand Latin (I don’t agree with that) but a priest would have to understand what he was saying/praying.”
The m.p. also states that “Sacerdotes Missali B. Ioannis XXIII utentes, idonei esse debent ac iure non impediti.”
The language is strongly preceptive (debent - they must) and contains two aspects to consider. The first aspect “ideoneus” refers to a basic suitability or fittingness and thus an aptitude or competence to do something appropriately or properly. A priest who could not celebrate properly according to the Johannine Missal would not be expected to do so. The ordinary could make recourse to Ecclesia Dei. (The other aspect, “iure non impediti,” means they must not be prevented by law. )
Ut responsum ideonum fuisse spero.
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