The Catholic |
No 313 |
Online edition of selected articles |
OCTOBER 1998 |
A MOTU PROPRIO TO RESCUE ALL An invincible canonical device against every heresy and apostasy On the 9th May of this year we made our devout pilgrimage to the Holy Shroud of Turin; on the 18th of that same month John Paul II signed the motu proprio "Ad tuendam fidem" before himself visiting Turin on the 24th; and then, precisely at midday on the 29th, my libellus initiating the process against the sanctions of the Bishop of Troyes was received by the Tribunal of the Apostolic Signatura within the time required, sine qua non. Several months ago any attempt at establishing a connection between these various events would have been artificial and pretentious. But today our thoughts often go back to that month of May, the month of Mary, in an act of thanksgiving: not only because those months will turn out to be the most important for us in this year of 1998, but also because it is there that we see coming together all the elements that assure us of beholding the triumph of the counter-reformation and the dawn of the renaissance of the Church, whereas elsewhere the darkest clouds continue to accumulate on the horizon. Indeed, the plans for the Great Jubilee of the year 200 are taking shape. Admittedly its general features were established in 1994 by the Apostolic Letter Tertio millennio adveniente, but that document passed almost unnoticed at the time, lost amidst all the other pontifical theories and plans, each vying to be more utopian than the other. But today, we are no longer faced with vague desires, but facts and realities, and without a doubt the Pope will stick to them. The calendar is quite precise: from 24 to 28 October 1999 an interreligious gathering will take place in Rome, similar to the one called by the Pope at Assisi in October 1986; then on 8 March 2000, Ash Wednesday, a ceremony of "begging for forgiveness" is planned, and a statement of "repentance" will be published, which will almost certainly contain an express reference to the crimes of the Inquisition the Catholic Inquisition. A SUPERNATURAL EVENT It was in this troubled context that John Paul II published at the end of June an Apostolic Letter, given motu proprio and addressed to the whole Church. We immediately procured this document from Rome itself, so that we could make it known to our readers in the July-August edition of the CRC. It dealt with the three teaching categories of the Catholic Magisterium contained in the Profession of Faith, which the Church requires to be taken by theologians and those members of the faithful involved in the works of the Church. Without more ado, we accompanied this difficult text with our own profession of faith, one that was wholly impregnated with the spirit of this new law: ad tuendam fidem, to protect the faith. It was simply a way of translating into more mystical terms what we already thought we could see just below the surface of these juridical texts.
However, it was still necessary to interpret these texts, to pass them through the sieve of theology and canon law. And this is what we did in the CRC for last September. The result of this objective and impartial analysis gave us some cause to rejoice: the new legislation is coherent, well-founded, precise, and therefore effective against any dogmatic or moral disorder. It only remained for us to point out certain ambiguous aspects of the text which require caution, since they could eventually if taken together with the new postconciliar doctrinal tendencies such as episcopal collegiality favour a machiavellian application of the law. However, the simple fact of unmasking the manoeuvre in advance should discourage any such intentional abuse, either in the Churches or in Rome itself. So what is it that is so comforting and so weighty in this text? First of all, it should be said that, as a new canon inserted into the Code, it has the character of permanence; it cannot be neglected or forgotten about like so many other documents of these recent pontificates. It would even be very difficult for a future Pontiff to abrogate it, since he would have to provide very strong arguments were he minded to abolish and cast into oblivion the arguments which provide the motu proprio with its very title and its principal purpose: TO PROTECT THE FAITH! From now on this text is part of the Churchs law, and it does not matter who may invoke it, even if they do so against the authorities who fail to apply it. It is also quite evident that the tone used by the Pope is one of command, a circumstance highly unusual in contemporary pontifical documents, which are normally overflowing with tolerance and irenic circumlocutions. And this tone is used right from the outset: «To protect the faith of the Catholic Church against errors arising from certain members of the Christian faithful, especially from among those dedicated to the various disciplines of sacred theology » The rest of the document is in the same vein, as cool and as threatening as the introduction, establishing sanctions against those who should infringe against its measures, prescribing the insertion of a new canon into both the Latin and Eastern Codes of Canon Law, and ordering that it should be published with immediate effect, «all things to the contrary notwithstanding». Should anyone dare disregard it, he would one day have to repent, either in this world or the next. OUR ENTIRE, LONGSTANDING ACCORD With joy we note how this law aids and defends our counter-reformation combat. Its contents perfectly coincide with what is at issue in our Roman process, which is summed up in the following passage taken from the hierarchical recourse we sent to Cardinal Ratzinger on 5 July 1997:
«Everything that the Acts of the contemporary Magisterium teach whilst referring explicitly and legitimately to the constant and universal Magisterium of the Church, and everything that they decide in a decisive manner without there being any need to have recourse to solemn definitions, will have our total support, yesterday, today, and tomorrow. What joy! «As regards the doctrines that the Magisterium has declared or will declare in opposition to the Religion of yesterday, out of concern for modernity, for the cult of man, for ecumenism, or other novelties of this kind which do not spring from the deposit of the faith, we shall permit ourselves to manifest our sadness and our disagreement with them. We shall not condemn them however, since we do not have the power for this, but we shall continue to use all our resources to denounce them to the Authorities and to put the faithful on guard against what does not come from God but from men.» In such cases, therefore, it is a matter of evaluating the authority and the value of each doctrine, and of sifting the wheat from the chaff in accordance with the rules of the Church. Up to now the Code had only made a bipartite distinction between revealed infallible truths high up on their pedestal and all the rest lumped haphazardly together in a heterogeneous category. But with the motu proprio a decisive and salutary promotion has been established: definitive truths, connected to dogmas, have been released from this residual category and have acquired their own distinctive note of guaranteed certainty. Henceforth the third category contains only the teachings of the so-called "authentic" magisterium, teachings that are non-definitive, amongst which lie the conciliar novelties. Thus "disqualified" and left exposed, these novelties will at last have to be examined one by one so that their many errors and horrors may be detected. They can then be cast out of the three honest categories of the Catholic faith. This final process of separating those novelties compatible with the Catholic faith from those which insolently contradict it, still remains to be carried out. For this task also the motu proprio could turn out to be a valuable instrument, since it securely identifies the list of doctrines that either belong to or are related to the deposit of the faith, and it is this which constitutes the yardstick against which all the novelties must be measured. Once the Church has been liberated from the hotchpotch of damaging novelties today threatening her very existence, she will be able to recover and she will spring back to life again. AND WHAT OF US, THE WRETCHED "REJECTS"? The question we are asked is always the same : what can we do to promote this process, this doctrinal examination of the novelties, this salutary revision? Requests to the Holy Office, Letters to the Sovereign Pontiff, Letters to the Cardinals, approaches to our diocesan bishop, Books of accusation taken personally to Rome everything has been tried, but nothing ever gives. It is as if we had come up against a Power that was both deaf and mute, obstinately refusing to question the conciliar gains, even though their fruits should prove disastrous in the eyes of all. But patience We are fully assured that Heaven will recompense our perseverance. Already, following the sanctions taken against me by the Bishop of Troyes last year, new proceedings have been initiated, and this time they are binding on the Roman authorities. On 29 May I registered my canonical process with the Supreme Tribunal of the Apostolic Signatura. In this I accuse the diocesan bishop and the Congregation for the Doctrine of the Faith, amongst other things, of misusing their power and denying me justice. It is now for the Tribunal to deal with this accusation in a legal process, and then to repair the moral and ecclesial damage occasioned, by instituting the doctrinal process that we have continually requested for thirty-three years. THE REBIRTH OF THE COUNTER-REFORMATION As the motu proprio was signed only a few days before we presented our recourse before the Signatura, but published several days after this, the two documents are clearly contemporary. Let us immediately raise an issue that needs to be clarified. What relationship is there between our process and the motu proprio? At first sight, none, and this is all to our credit. The process before the Apostolic Signatura is an administrative, disciplinary act in which I request the annulment of the sanctions taken by the Bishop of Troyes in July last year, 1997, and which the Congregation for the Doctrine of the Faith confirmed last March, 1998. The motu proprio, on the other hand, is a law of the universal Church with a scope that is evidently general and binding on all the Catholic faithful; it deals with the value of the Churchs magisterium and with certain doctrines that must be held definitively. It therefore concerns the doctrinal order rather than the disciplinary order. We fully recognise this new category of definitive truths, to the extent that their connection with revealed and infallible dogmas has always been perceived by the ecclesiastical magisterium. Given the situation of our canonical process, it is very reassuring for us to have established our agreement on this point with certainty. It is the progressivists and the anarchists who should tremble, even if in practice it is highly unlikely that sanctions will be taken against them. So, should we liken this motu proprio to the Treaty of Versailles, about which Jacques Bainville said that it was «too strong with regard to what was weak in it, and too weak with regard to what was strong in it» ? Only the future will tell, but one may well be apprehensive For today the Pope wishes to halt the advance of all those who are overtaking him on his left, but he cannot do this as he lacks the appropriate instruments, thanks to the Council which disowned the Inquisition, the Index, and all condemnations and anathemas. So if he really wishes to put an end to this rebellion, the options are simple: either proceed to solemn ex cathedra judgements which he does not yet seem disposed to do or else act like Saint Pius X and all his holy predecessors by taking up the arms of ordinary canonical justice against the partisans of heresy, excommunicating them by name. HOWEVER, WARE THE ADVERSARYS MACHIAVELLIANISM Now, should it ever transpire that this law were fallaciously cited to promote the conciliar novelties to the category of infallibility, this would constitute a violation of the very law itself. In other words, there would have to be a juridical defect somewhere, and so it would be possible and indeed legitimate for any member of the faithful to uncover this and to denounce it. The editorial for Septembers CRC envisages this possibility in some detail, listing the conditions that would allow a doctrine to be promoted to the rank of a definitive teaching. On the other hand, should Rome finally consent to address these doctrinal questions, these unending controversies surrounding the conciliar novelties, conscientiously, then the motu proprio could turn out to be the indispensable ad hoc tool to differentiate between the various doctrines, between the true and the false, the good and the bad, all of which have already been categorised by canon law. SO HAS THE POPE "RETURNED" ? In itself then this document acts as a sharp check, a reactionary measure. For us it is a visible sign of the assistance of the Holy Spirit to His Church. The Pope has acted as Pope and has introduced regulations into Canon Law that will be very useful in the future. But the future «Sire, the future belongs to God.» A good number of readers, not necessarily the most naïve of them, immediately took this news at face value and rejoiced to see the counter-reformation rapidly giving way to the Catholic renaissance, for good this time, in a climate of general amnesty. It is here that a reading of volume IV of "Pour LÉglise" becomes indispensable, especially for the younger generations. Alas, it is not yet available; our Brother Francis is working on it methodically, and its appearance should not be delayed much longer. But the more studious may already refer to the 1978 and 1979 volumes of the CRC collection or to the Liber accusationis II (1983); there they will discover the solution to this enigma of 1998, the probable solution for the year 2000. What enigma? The mystery of the double face of our Pope John Paul II, capable on one hand of defending faith and morals against the extreme progressivists and on the other hand of sticking fully to his whole Jubilee 2000 programme and interreligious gatherings in the style of Assisi-1986. Read the following bold analysis of the mind of the Pope as revealed in his very first speeches, and fear to see it verified in a simple cursory reading of his latest encyclical, Fides et ratio. I found it in The League section of the CRC for January 1979 [French edition only], several months after the election of the new pope: «I think that it will be a long time before we will have to modify our view of HH John Paul II. We will not let ourselves be carried away with enthusiasm at the announcement of every firm recall to doctrine or discipline. Nor will we fall into despair when we hear him describe himself as the spiritual son of Paul VI or praise UNO or receive African terrorist leaders. No. Only the faith is essential, and in this we are 100% in union with him [the motu proprio]. The conciliar reform and its expected renewal belongs to the domain of open questions, and in this we are only 50% behind him [our outstanding process]. As for the rights of man and religious liberty [and its ecumenical gatherings], our support for these is 0%; we are in formal disagreement and we will not hide it.» Twenty years later, we come across the following three paragraphs in the Popes homily this 18th October in Saint Peters: «After twenty years of service on the see of Peter, I cannot today help asking myself these questions: Have you supported all this? Have you been a diligent and vigilant steward of the faith within the Church? Have you sought to bring the great work of Vatican II closer to the men of today? Have you sought to respond to the expectations of the Churchs faithful and also to that hunger for truth which the world experiences, outside the Church? » It is high time to give a fully truthful answer to these questions.
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THE DECREES OF ECCLESIASTICAL AUTHORITY |
OUR CANONICAL RESPONSES |
| 1. Suspension inflicted by Mgr Le
Couëdic (25 August 1966) Lettres à mes amis vol.IV, no 235, p.8 |
1. Request that the suspension be
cancelled or remitted (19 March 1997) CRC no 296, May 1997, p. 3 |
| 2. Penal precept raised by Mgr
Daucourt (9 May 1997) CRC no 297, June 1997, p. 5 |
2a. Request that the precept be revoked (13 May 1997) CRC no 297, June 1997. p. 6 2b. Hierarchical recourse against the precept (5 July 1997) CRC no 298, July 1997. p. 3 |
| 3. Interdict inflicted by Mgr
Daucourt (1 July 1997) CRC no 298, July 1997, p. 32 |
3a. Request that the interdict be revoked (4 July 1997) CRC no 298, July 1997, p. 33 3b. Hierarchical recourse against the interdict (23 July 1997) CRC no 300, September 1997, p. 3 |
| 4. Letter-decree of the Congregation for the Doctrine of the Faith (24 March 1998) CRC no 308, April 1998, p. 1 |
4. Libellus instituting the process
before the Supreme Tribunal of the Apostolic Signatura (24 May 1998) Confidential document |
The first act of the bishop, Mgr Daucourt, was to issue a penal precept, by virtue of his episcopal authority and of canons 49 and 1319. He imposed five demands on our Father, accompanied by the threat of an interdict should they not be followed. Here are these categorical demands: To stop accusing the Second Vatican Council, the Pope and the bishops in communion with him of heresy, schism and scandal; to stop provoking the faithful to contestation against the Holy See and the authority of the bishops; to cease publication of the CRC; to quit the direction of both the masculine and the feminine groups known under the name of the Little Brothers and Little Sisters of the Sacred Heart, and to reside somewhere other than Saint-Parres-lès-Vaudes; and finally: to bind himself to observe the suspension of 1966 wherever he might be in the diocese. It is true that a bishop normally has full authority to give orders in his diocese, and he must be obeyed by all Catholics while they remain within the boundaries of his territory, unless these orders are improper, immoral or illicit. But, of course, it is not for the one to whom the orders are addressed to decide of himself that a violation of the law excuses him from obedience. It is for a superior authority or an ecclesiastical tribunal to declare whether or not he is right. This is where canon law comes fully into play. It provides for a system of recourse, in three stages, which the faithful can use when they maintain that certain orders are illicit, in other words, that they ignore some law of the Church. These three stages are (in order): the bishop himself, a Roman congregation, and finally the Supreme Tribunal of the Apostolic Signatura. It is very rare for priests or members of the faithful to present such recourses, mainly because canon law is something unknown and reserved only to a few specialists, but also because of the strict and very brief time limits in which the recourse must be presented: ten days or two weeks depending on the particular case. It is a condition sine qua non: one day late and it is not accepted. In our case, on the day he received the precept, 9 May last year, our Father considered that it was impossible for him to follow these draconian orders, since they did not respect the law of the Church and did not take into account the circumstances. But above all, a matter that had been in the hands of Rome for the last thirty years, prudently managed and spoken of as little as possible so as not to create waves, could not be regulated by a simple "clumsy" decree of the local bishop. So on the 20th May our Father presented to the bishop himself a request for revocation of this penal precept. This was the first stage of the recourse: to urge the selfsame authority that had imposed the contested act to revoke its decision. The bishop offered not the least reply to this request. Silence FROM TROYES TO ROME But his precept had put the wheels of canon law in motion, and here everything is provided for, even silence. In fact canon law treats such silence as a denial of the recourse, and this automatically opens the way to the second stage, called a hierarchical recourse. So it was that on 5 July 1997 our Father asked the Congregation for the Doctrine of the Faith to pronounce on this precept. As it concerned doctrinal questions and opposition to the conciliar novelties, it was for Cardinal Ratzinger and his congregation to deal with the matter. So once again, the three books of accusation found their way back into the Vatican files, this time as documentary evidence. Now, this recourse had not yet reached Rome when the bishop precipitately enacted a second decree, dated 1 July 1997. This time he renewed the suspension inflicted on our Father thirty years earlier, on 25 August 1966 (!), and imposed an interdict on him within the diocese of Troyes. This was the second main element of this whole affair, and still today it is like the sword of Damocles hanging over us all. The interdict was to come into immediate effect throughout the whole diocese, and among other things it meant that he would be debarred from receiving the sacraments and would no longer be able to say Mass at Maison Saint-Joseph. Unless, once again, the wheels of an administrative recourse were put into motion. Against this new decree our Father therefore presented, on 4 July 97, a request for revocation followed by a second recourse to Cardinal Ratzinger, automatically entailing a suspensive effect. This is worth emphasising, for it is of capital importance. This suspensive effect, as the phrase indicates, keeps the sanction pending until every possible recourse is exhausted. If, after having followed the three stages provided for by canon law, the applicant does not win his case, the sanctions immediately regain their full force. If today our Father can say Mass each morning with a clear conscience, it is due to this suspensive effect automatically granted by canon law, in canons 1736 and 1353. It makes one admire the goodness and wisdom of these immemorial ecclesiastical laws. It would indeed be absurd to put into effect a decision of a lesser authority while the superior authorities, duly apprised, have not definitively pronounced on its legitimacy. After these two hierarchical recourses had been despatched (in July last year), there began a long anxious wait for a reply from the Roman congregation. This reply, which should normally be received within three months, eventually took nine months before it arrived, on 29 April last. But it had already been drawn up, well in advance! And we had already received reports of Mgr Daucourt returning from a visit to Rome and even of the Turin religious authorities having consulted Cardinal Ratzinger with regard to our pilgrimage. These reports were typified by phrases like: the appeal will not achieve anything, one cannot reply to a sophism (sic!), the suspension will be maintained, etc Number 308 of the CRC (April 1998) published the full text of this Roman decision. Here is its pronouncement: «This Dicastery after having attentively re-examined the complex and delicate question has decided not to accept the aforesaid appeal and to confirm, for an indeterminate period of time, the measure of suspension "a divinis" adopted by you with regard to this priest.» This is not the place to criticise such a decision. But one can at least say that this text is not clear and leaves several points obscure: does it intend to pronounce on both appeals (precept and interdict) or simply on one only? It appears to confirm the suspension, but it does not breathe a word about the interdict: is it therefore abrogated? As for the suspension, is it the old suspension of 1966 which has been extended, or is it a new sanction? This lack of precision is unworthy of an administrative act emanating from a Roman congregation. Let us not forget that we are here at the second stage of our appeal, now lodged with Rome, and that it is a penal process, as sanctions have been inflicted. One would therefore expect a reply that was rather more serious, reasoned and canonical. Moreover, this evasion makes it all too apparent that the signatories are uncomfortable about the substance of the case, and they try to distract attention away from the real issues. In formulating his sanctions Mgr Daucourt had committed the blunder of speaking about doctrinal questions, and even about «the religion of man who makes himself God in place of the authentic Catholic faith». But Cardinal Ratzinger and the other member Cardinals wanted to avoid the doctrinal questions about the Council and preferred instead to search out new complaints amongst their anonymous depositions: complaints about the Eucharist and mystical theology. We are faced here with what administrative law calls a misapplication of authority, a key phrase worth remembering. The congregation abdicated its proper responsibilities, the very responsibilities for which it was created (doctrinal studies in defence of the faith), but it nevertheless confirmed the bishops sanction, alleging new reasons which had received no previous mention in the case. These flagrant illegalities justified an appeal and a passing to the third stage of the system of canonical recourses. UNDER THE SECRECY OF THE TRIBUNAL On 24 May last, the feast of Our Lady Help of Christians, our Father signed the libellus destined for the supreme Tribunal of the Apostolic Signatura, in order to enter a process for the cancellation of the sanctions inflicted on him, that is the interdict and the suspension. It contained twenty-one pages, closely argued and bearing solely on the questions of legality, since the Tribunal is only competent to deal with the legality of the whole matter. This libellus was not made public, for the simple reason that it may only be circulated between those who are party to the process. In fact the secretary of the Tribunal must, according to the rules, communicate it immediately to the Cardinal Prefect of the Congregation for the Doctrine of the Faith and the Bishop of Troyes, so that they may each prepare their response. This is probably what is happening at this moment: the Congregation and the bishop are preparing their replies and their evidence. From a canonical point of view, there is no difficulty in our having to wait patiently and letting the Roman consultors study the files, since, whichever way we look at it, the current situation (inluding the suspensive effect) is very favourable to us. It was useful to remind ourselves today of the importance of this process. The definitive sentence of the Tribunal will tell us whether the sanctions have been annulled or else whether they will begin to produce their effects. We should make this one of our prayer intentions Adhuc sub judice lis est (the process is still before the judges).
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