Vatican official explains new authority of bishops to defrock priests

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Vatican City, Jun 5, 2009 / 11:54 am (CNA).- During an interview today with Vatican Radio, the Secretary of the Vatican’s Congregation for Clergy, Archbishop Mauro Piacenza, clarified that bishops around the world have not been granted “automatic” powers to defrock priests, but only the capacity to proceed more speedily in cases that were not considered by the current Code of Canon Law.
The new powers granted to bishops were announced by a letter sent to all episcopates from Cardinal Claudio Hummes on April 18 and are aimed at filling some legal voids present in the current Canon law. The archbishop explained that they are not a “blank check” to automatically defrock priests, as some members of the Italian press have recently claimed.
The changes authorized by Pope Benedict XVI allow bishops to proceed with the laicization of priests only in some cases, such as when a priest leaves the ministry by his own will; when he asks the bishop to be dispensed from the commitment of celibacy; or when a priest leaves the priesthood without telling the bishop and enters into a civil marriage, has kids and “is not interested in solving his canonical situation.”
“In those cases, for the good of the Church and his own good,” Archbishop Piacenza explained, “the power to give a dispensation to the priest is requested as an act of charity, especially if he has children, since the children have the right to a father in good standing with the Church.”
“In these cases, it is the bishop who has to take the initiative,” the archbishop added.
Nevertheless, he clarified that “there is nothing ‘automatic,’ there is no ‘automatism’ in the timing of the cases, each case has to be carefully and rigorously examined.”
“All the other rights and duties of the bishops in exercising their juridical authority remain unchanged,” Piacenza continued.
“On a daily basis, the vast majority of priests live according to their own identity and carry on their own ministerial duties faithfully. But in few cases, the Holy See has to intervene in a subsidiary manner, to repair the scandal, reestablish justice and help the sinner amend his course.” the archbishop explained.
According to the new regulations, the bishops can begin the procedure to declare the loss of the clerical state for those priests who “have attempted marriage, even if only civil,” and “after the proper warning have not made changes.” Also the bishop can proceed in cases where the priest is “guilty of grave external sins against the sixth commandment,” which is: “You shall not commit adultery.”
“Priestly celibacy,” Archbishop Piacenza concluded, “is a gift that the Church has received and wants to preserve, convinced more than ever that it is good for herself and the world.”
 
The laity has to be very careful to understand this properly. We have a tendency to want every bishop in town to excommunicate or dismiss every errant priest at the drop of a dime. That is not what this is saying.

The statement is saying that the bishop can now initiate the process and even request that it be sped up. The Congregation on the Clergy can grant the dispensation, not the bishop.

In canon law, the bishop could not initiate the process, only the Holy See or the individual priest could do so. This gives the bishops room to request that someone be dismissed and begin to gather the paperwork etc. But it limits the bishops to certain specific situations.

We cannot expect the bishops to initiate this process against every errant priest. It’s only for those who have sinned against the 6th commandment.

It must also be understood that the bishop has authority over secular priests. Priests who are religious do not fall under the authority of the bishop. Therefore, the bishop cannot initiate this process in their cases. The decree does not mention the religious superiors.

There is a void in the statement. In canon law religious superiors of clerics have the same ordinary authority as bishops. They grant and take away faculties to preach, absolve and witness marriages. The question is whether this statement includes superiors of friars, monks and clerical institutes. It may, but it is not clear from this article. We would have to read the decree itself to know for sure.

Then there is the question of religious vows. Just because a priest is dismissed from the clerical state does not mean that he is dismissed from religious vows. That’s another state. Priests in religioius orders or religious congregations are members of two different states: 1) clergy and 2) religious. The laws that govern one are not the same as those that govern the other.

If you are a friar or a monk you are automatically in solemn vows. These vows are more binding than the vows made by religious in congregations. They have the same bond as the sacrament of marriage.

The complexities here have to be addressed as well. Traditionally, if the Holy Father dispensed a priest from the vow of celibacy he would also dispense him from the vows of chastity, poverty and obedience and the individual returns to the rank and file of the faithful.

The statement in this article does not address those priests who have the privilege of Holy Orders AND Religious Life. It will be interesting to see what the actual document says.

Fraternally,

Br. JR, OSF 🙂
 
Thank you for the comments JReducation. Seems like reality is more difficult that paper and each case can have different approaches depending on the nature of the priest. But one thing is sure, this can generate a more agile decision making process for handling discipline in the clergy.

Best,
 
Thank you for the comments JReducation. Seems like reality is more difficult that paper and each case can have different approaches depending on the nature of the priest. But one thing is sure, this can generate a more agile decision making process for handling discipline in the clergy.

Best,
It certainly is a big help to bishops. Because under the law as it stands, you have to wait for the individual to ask for the dispensation or for the person to be so steeped in sin or some illegal action that it becomes a public scandal. Then when the bleep hits the fan, you can take action.

With this new understanding, action can be sped up before the fan starts to spin.

Fraternally,

Br. JR, OSF 🙂
 
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