CURRENT JURIDICAL QUESTIONS
Preliminary Considerations
1.
My observations on juridical questions regarding the ordained
priesthood, which are posed by the situation of the Church in our time, rest on
the theological truth that the ministry of the ordained priest is constitutive
of pastoral life in the Church. Any
canonical consideration of the actual circumstances of priestly life and
ministry must always respect the irreplaceable vocation and mission of the priest
in every aspect of the Church’s life, as it is preeminently seen in the
celebration of the Eucharistic Sacrifice.
Pope Benedict XVI, commenting on “priestly ordination as the
indispensable condition for the valid celebration of the Eucharist,” observes:
As a result, priests should be
conscious of the fact that in their ministry they must never put themselves or
their personal opinions in first place, but Jesus Christ.... The priest is above all a servant of others,
and he must continually work at being a sign pointing to Chirst, a docile instrument
in the Lord’s hands.... The priesthood,
as Saint Augustine said, is amoris officium, it is the office of the
good shepherd, who offers his life for his sheep (cf. Jn 10:14-15). (Pope Benedict XVI, Post-synodal Apostolic
Exhortation Sacramentum caritatis, “On the Eucharist as the Source and
Summit of the Church’s Life and Mission,” 22 February 2007, no. 23)
In a similar way, the Servant
of God Pope John Paul II wrote:
Priests are engaged in a wide
variety of pastoral activities. If we
also consider the social and cultural conditions of the modern world it is easy
to understand how priests face the very real risk of losing their focus
amid such a great number of different tasks.
The Second Vatican Council saw in pastoral charity the bond which gives
unity to the priest’s life and work.
This, the Council adds, “flows mainly from the Eucharistic Sacrifice,
which is therefore the centre and root of the whole priestly life.” We can understand, then, how important it is
for the spiritual life of the priest, as well as for the good of the Church and
the world, that priests follow the Council’s recommendation to celebrate the
Eucharist daily: “for even if the faithful are unable to be present, it is an
act of Christ and the Church.” In this
way preists will be able to counteract the daily tensions which lead to a lack
of focus and they will find in the Eucharist Sacrifice – the true centre of
their lives and ministry – the spiritual strength needed to deal with their
different pastoral responsibilities. Their daily activity will thus become truly Eucharistic. (Pope John Paul II, Encyclical Letter Ecclesia
de Eucharistia, “On the Eucharist in Its Relationship to the Church,” 17
April [Holy Thursday] 2003, no. 31)
The consideration of juridical
questions regarding the priestly ministry must takes its start from the
Eucharistic nature of the priestly life and ministry as constitutive of the
life of the Church.
2.
More specifically, it is important to keep in mind that the pastoral
care and direction of the faithful in parishes, above all through the
celebration of the Eucharistic Sacrifice, is always the first work of the
priest. Specialized priestly
ministries: 1) assist the parish ministry in areas in which it is difficult for
the parish priest to provide the priestly ministry which is required, for
example, chaplaincy in Catholic schools, on university campuses and in
health-care institutions; 2) serve all of the priests and the other faithful of
the particular Church in offices of the Diocesan Curia or other Diocesan
institutions; 3) carry out the essential work of priestly formation at the
Diocesan Seminary; or 4) provide priestly ministry in the missions and for the
military. Reflecting upon the
essentially Eucharistic nature of the priestly life and ministry, the Servant
of God Pope John Paul II observed:
All of this shows how
distressing and irregular is the situation of a Christian community which,
despite having sufficient numbers and variety of faithful to form a parish,
does not have a priest to lead it.
Parishes are communities of the baptized who express and affirm their
identity above all through the celebration of the Eucharistic Sacrifice. But this requires the presence of a
presbyter, to whom alone it belongs to offer the Eucharist in persona
Christi. When a community lacks a
priest, attempts are rightly made somehow to remedy the situation so that it
can continue its Sunday celebrations, and those religious and laity who lead
their brothers and sisters in prayer exercise in a praiseworthy way the common
priesthood of all the faithful based on the grace of Baptism. But such solutions must be considered merely
temporary, while community awaits a priest. (Ecclesia de Eucharistia,
no. 32)
The parish “remains the
fundamental unit in the daily life of the Diocese”, and the priest, by the
grace of the Sacrament of Holy Orders, makes present Christ, Head and Shepherd
of the parish (Pope John Paul II, Post-synodal Apostolic Exhortation Pastores
gregis, “On the Bishop, Servant of the Gospel of Jesus Christ for the Hope
of the World,” 16 October 2003, no. 45).
3.
My particular observations are informed by my years of service as a
Diocesan Bishop and my years of service at the Supreme Tribunal of the
Apostolic Signatura, from 1989 to 1995 as Defender of the Bond, and, since June
27th of last year, as Prefect.
The Apostolic Signatura receives recourses against single administrative
acts which have either been taken by a dicastery of the Roman Curia or
confirmed by a dicastery of the Roman Curia, in which it is alleged that the
law was violated either in the procedure followed or in the decision itself
(Pope Benedict XVI, Lex propria Supremi Tribunalis Signaturae Apostolicae,
21 June 2008, art. 34, §1). Such
recourses not infrequently regard the parish or the parish priest.
Parish
1.
The parish is, by definition, a stable community of the faithful, within
the particular Church. As a stable
community of the faithful, it must have the pastoral care and direction of the
parish priest who is assigned by the Diocesan Bishop (can. 515, §1). Although the parish is not of divine law, it
is necessary for the Diocesan Bishop’s exercise of pastoral charity on behalf
of the faithful entrusted to his care.
The parish, in fact, from the early centuries of the Church, has proven
to be a most effective institution in which Christian households, in a
particular geographical territory or of a particular liturgical rite, language
or culture, come together for the sake of building up the life of the family
(the “domestic Church” [Lumen gentium, no. 11]), and of the particular
and universal Church. Can. 374, §1,
therefore, requires the Diocesan Bishop to divide the particular Church into
parishes (cf. 383, §2).
2.
In his apostolic exhortation published after the Tenth Ordinary General
Assembly of the Synod of Bishops (September 30-October 27, 2001), the Servant
of God Pope John Paul II declared:
It was upon the parish,
however, that the Synod Fathers felt it proper to focus their attention,
realizing that it is this community, pre-eminent among all the other
communities present in his Diocese, for which the Bishop has primary
responsibility: it is with the parishes above all that he must be
concerned. The parish, it was frequently
stated, remains the fundamental unit in the daily life of the Diocese (Pastores
gregis, n. 45b).
The essential elements of
parish life can be derived from the description of the obligations of the
parish priest: the proclamation of the word of God in its entirety; the
centrality of the Holy Eucharist; the pastoral care of all the faithful,
including the correction of what is wanting, and solidarity with the Diocese
and the universal Church (cann. 528-530).
3.
The parish is constituted by two elements: a) the community which shares
the Christian life, above all, by participation in the Holy Eucharist (local
Church, local community of faithful); and b) the parish priest or pastor
who makes the Bishop present in the parish and who, even though he is the
proper pastor of the parish, is in hierarchical communion with the Bishop for
the sake of the unity of the Body of Christ in the particular and universal
Church.
4. Given the nature of the parish, it is
only the Diocesan Bishop who can erect a parish or suppress it or alter it in
some way. To take any of these three
actions, it is required that the Diocesan Bishop hear the Presbyteral Council
in the matter (can. 515, §2). The
consultation of the Presbyteral Council underlines the importance of the parish
in the life of the whole Diocese and the unity of the priests, as the Bishop’s
principal co-workers and counselors, with the Bishop in providing for the
pastoral care of the particular Church (can. 384).
5.
Hearing the Presbyteral Council is not a formality unrelated to the
substance of the decision regarding the parish. The Code of Canon Law tells us that when the counsel of
certain persons is required for a single administrative act, the act is
invalid, if, in fact, the Superior has not heard the persons in question (can.
127, §2, 2º). Can. 127 makes it clear
that the Superior is not obliged to follow their counsel, even if they all
agree, but that, at the same time, he is not to act contrary to their counsel,
especially if all are in agreement, except for a reason which he judges to be prevailing
(can. 127, §2, 2º). Those who are
offering their counsel to the Diocesan Bishop are held to express their mind
with sincerity and, according to the gravity of the matter under consideration,
to observe secrecy (can. 127, §3).
6.
The members of the Presbyteral Council will be prepared to open their
minds to the Diocesan Bishop in the matter of the erection, suppression or
alteration of a parish, when they have been able to study the documentation
regarding the proposed single administrative act. Depending upon the complexity of the question and the time given
for the study of the documentation, it can be foreseen that sincere counsel may
require that the matter be considered at more than one meeting of the
Presbyteral Council. Given the importance
of their counsel, the record of the discussion must be carefully kept in the
minutes of the meetings of the Presbyteral Council.
7.
In addition to the consultation of the Presbyteral Council, it is
important to remember that the Diocesan Bishop himself is required to study all of the necessary
documentation and to hear those whose rights may be harmed by the act (can.
50). With regard to the parish, it
cannot be a question of having a personal right to the existence of a
particular parish but of rights pertaining to the spiritual ministrations
provided through the parish and of rights pertaining to the goods of the
parish. In the suppression of a parish
which still has members, for example, the goods of the parish, by right, follow
the members of the parish to their new parish or parishes (cann. 120-123).
8.
After having studied the matter thoroughly and having heard those whose
rights are affected by the decision, and after having received the counsel of
the Presbyteral Council, the Diocesan Bishop can proceed to take the single
administrative act, namely, the issuance of a decree by which he erects,
suppresses or alters a parish. Church
law requires that the decree be given in writing and that it express in summary
form, at least, its motives (can. 51).
9.
Regarding the suppression or alteration of a parish, it must be recalled
that the question of a change in the public juridic person of the parish is a
distinct from the question of a change in the disposition of the parish church
as a sacred building (can. 1222, §§1-2).
A change in the disposition of a parish church, therefore, requires a
distinct single administrative act which must be properly prepared. If it is proposed to reduce the parish
church to a profane, but not unbecoming, use, the church must be in such a
condition that it can no longer be used for sacred worship and, at the same
time, cannot be restored (can. 1222, §1), or there must be other serious
reasons why it should not be used for sacred worship any longer (can. 1222, §2). In the latter case, the Diocesan Bishop must
fulfill three requirements: 1) he must consult the Presbyteral Council; 2) he
must have the consent of those who legitimately claim rights to the church
building; and 3) he must make certain that the good of souls is not harmed in
some way (can. 1222, §2). The reduction
of a parish church to a profane, not unbecoming, use, unless it has, in fact,
already occurred, must be done by decree (can. 1212).
Pastorate of Parish
1.
The parish priest or pastor provides the pastoral care and direction of
the flock in each parish, in virtue of the Sacrament of the Priesthood, by
which he is configured to Christ, Head and Shepherd of the flock. His pastoral care cannot be reduced to the
administration of the Sacraments, which is the highest exercise of his priestly
ministry, but must also include the teaching of the faith and the governance of
the community of the faithful in his care (cann. 528-530).
2.
Surely, especially in large parishes, parish priests need the assistance
of others: parochial vicars (cf. cann. 545-548), resident priests, permanent
deacons, catechists, teachers and administrators in the Catholic school,
visitors of the sick, financial administrators, secretaries, and so forth. If the work of the others is to be
effective, they must receive their direction from the parish priest and relate
their service to his pastoral office and care.
The assistance given by a parochial vicar or resident priest who has
full-time responsibility for a specialized priestly ministry is, of course,
distinct, for it is a direct exercise of the ordained priesthood and is carried
out in the unity of the presbyterate with the Bishop.
3.
In some cases, because of the shortage of priests, the Bishop may need
to confide the care of more than one parish to a single pastor who is assisted
by a team of co-workers (cann. 526, §§1-2; and 534, §2). For the integrity of each parish, however,
the office of parish priest must be respected and honored:
Some Bishops, because of a
shortage of priests, have chosen to establish so-called “Pastoral teams”,
composed of a priest and some members of the faithful – deacons, religious and
laypersons – who are given the task of carrying out pastoral activities in
several parishes combined into one, even if not formally so. In some cases, the exercise of pastoral care
for one parish has been bestowed upon one or more deacons or others members of
the faithful, with a priest who directs them while also holding other
ecclesiastical offices. In such cases,
it is necessary to establish clearly and concretely, not simply juridically,
that it is the priest who is in charge of the parish and it he who is
answerable to the Bishop for its governance, while the deacon, the religious,
and the lay persons assist him with their collaboration. Obviously, only sacred ministers are
permitted to perform those functions which require sacred orders. The Bishop is to instruct the faithful that
this is a temporary situation due to a shortage of priests eligible for appointment
as pastors, which he will remedy as soon as it is possible (Congregation for
Bishops, Directory Apostolorum successores, “For the Pastoral Ministry
of Bishops,” 22 February 2004, n. 215c).
4.
When respect for the right of the faithful to the ministry of the parish
priest is neglected or totally absent, the Catholic identity of the parish
begins to erode and disappear. The
faithful begin to see the parish as a democratic unit and fall into
congregationalism. Also, faith in the
Holy Eucharist and the Holy Priesthood begins to weaken or even give way to
error, for example, describing a Sunday prayer service as “the deacon’s Mass”
or “Sister’s Mass.” Also, in the minds
of the faithful, the Holy Eucharist itself becomes separated from the Eucharistic
Sacrifice offered on the altar of the parish church. The faithful begin to view the deacon or the religious sister or
lay ecclesial minister as their pastor.
Resentments build between the parish priest and the other ministers who
can begin to believe that the only difference between their ministry and the
ministry of the parish priest is their inability to offer the Holy Mass, hear
Confessions, and administer the Anointing of the Sick, which sacramental
actions reserved to the priest begin to be viewed as mere functions.
5.
The transfer of the parish priest is governed by cann. 1748-1752. The transfer itself is done by a decree in
which the motives of the transfer are indicated in, at least, a summary fashion
(can. 51), even if the motives have been communicated already through the
process of the transfer. The process is
carefully articulated to safeguard the good of the parish priest and the good
of all the faithful.
6.
The removal of the parish priest is decreed “[w]hen the ministry of any
parish priest has for some reason become harmful or at least ineffective, even
though this occurs without any serious fault on his part” (can. 1740). In carrying out the removal of a parish
preist, the process which is detailed in cann. 1740-1747 must be followed
assiduously. The Diocesan Bishop should
be especially attentive to the appointment of the stable body of parish priests
from whom he is to choose two members for consultation in such cases (can.
1742, §1). Waiting to establish this
body of parish priests, until a case of removal of a parish priest is at hand,
will only encourage accusations of partiality in the choice of the parish
priests to consult.
Parish Priests Working and
Living Together
1.
Several priests may be assigned to work together in the service of a
group of parishes, in a manner in which each of the priests has responsibility
for the whole parish ministry (in solidum). In such a case, one of the priests is to be the moderator who
directs the joint action of the group and responds to the Bishop (can. 517,
§1). Such a case is viewed as
extraordinary. The norm remains a
single pastor for each parish (can. 526, §1).
2.
There is also the possibility of several parish priests, each serving
individual parishes, sharing the same rectory.
While the arrangement fosters priestly fraternity, it presents the
difficulty of the pastor living away from his people (can. 533, §1). The question must be asked: Can the goal of
priestly fraternity be better served by the priests in a given area making the
concerted effort to plan and to be faithful to time spent together?
Pastoral Planning and the
Shortage of Priests
1.
The shortage of priests is not a given.
We must trust that God will call forth a sufficient number of men to
serve His people as their true shepherds.
At the same time, our very trust in God’s call demands of us active
engagement in the apostolate of priestly vocations (can. 233, §§1-2). On the part of some, over the years, the
failure to foster priestly vocations was connected with a single-minded
promotion of the apostolates of the non-ordained. In truth, there is no authentic promotion of the ecclesial
service of the non-ordained, which is not connected with a vigorous fostering
of priestly vocations.
2.
The shortage of priests can become a self-fulfilling prophecy. Obsession with it demoralizes very much the
apostolate of priestly vocations. Men
are to be encouraged to consider a priestly vocation not because they are
needed to make up for a shortage of priests but because God is calling them.
3.
Realistic pastoral planning must include a vigorous program of promotion
of priestly vocations. The Diocesan
Bishop bears a principal responsibility for the apostolate of priestly
vocations (can. 385), while at the same time he is to lead all of the faithful
to fulfill their responsibility for the promotion of priestly vocations (can.
233, §1). It should be noted that
parents and parish priests have a particular responsibility to assist the men
who are hearing the call to the ordained priesthood (can. 233, §1). Regarding the service of the family in the
fostering of priestly vocations, Pope Benedict XVI has observed:
The pastoral care of vocations
needs to involve the entire Christian community in every area of its life. Obviously, this pastoral work on all levels
also includes exploring the matter with families, which are often indifferent
or even opposed to the idea of a priestly vocation. Families should generously embrace the gift of life and bring up
their children to be open to doing God’s will.
In a word, they must have the courage to set before young people the
radical decision to follow Christ, showing them how deeply rewarding it is (Sacramentum
caritatis, no. 25).
4.
The non-ordained and the ordained need to be prepared to work together
for the Church, in accord with the instruction of the Holy See in the matter
(Congregation for the Clergy, Pontifical Council for the Laity, Congregation
for the Doctrine of the Faith, Congregation for Divine Worship and the Discipline
of the Sacraments, Congregation for Bishops, Congregation for the
Evangelization of Peoples, Congregation for Institutes of Consecrated Life and
Societies of Apostolic Life, and Pontifical Council for the Interpretation of
Legislative Texts, Instruction “On Certain Questions regarding the
Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priests,
15 August 1997).
Specialized priestly ministry
1.
There is a critical need of the priest chaplain in the Catholic school,
who makes the Bishop present in one of the Church’s primary works of Catholic
education. The priest chaplain’s
ministry is both to the students and to the faculty and staff.
2.
The pastoral care of students at the university requires the stable
appointment of priests to celebrate the Sacraments for them, to lead them into
a deeper understanding of their Catholic faith, and to give them counsel,
especially in questions pertaining to faith and reason, and to the moral life,
specifically, to the living of the faith in a totally secularized society (cf.
can. 813). The priest chaplain on
campus also provides pastoral care to the faculty and staff of the university,
and to others who are associated with the campus ministry.
3.
There is likewise an essential need of the priest chaplain in Catholic
healthcare facilities, who provides the healing ministry of Christ the Priest
to those who are seriously ill, are undergoing serious surgery, or are
dying. The chaplain also provides an essential
priestly ministry to the families of the seriously ill or dying, and to
healthcare professionals.
4.
Our armed forces, dedicated to the security and freedom of all, have a
particular need of priestly care, especially because of the severe stress of
military life and because of the dangers in which soldiers frequently find
themselves. The qualities of a priest
military chaplain, at present, make it imperative for each Bishop to consider
fitting priests whom he may be able to release for the priestly care of our
armed forces.
5.
The Church is essentially missionary.
Fidelity to our missionary identity includes generosity in providing
priests for the service of the missions in which the shortage of priests is
especially severe.
6.
The Diocesan Seminary, if it is provide a sound priestly formation of
those called to serve as diocesan priests, requires a solid corps of priest
faculty members who not only provide human, spiritual, intellectual and
pastoral formation, but are an example of the fruit of such formation in a holy
priestly life:
The Bishops first of all
should feel their grave responsibility for the formation of those who have been
given the task of educating future priests.
For this ministry, priests of exemplary life should be chosen, men with
a number of qualities: “human and spiritual maturity, pastoral experience,
professional competence, stability in their own vocation, a capacity to work
with others, serious preparation in those human sciences (psychology
especially) which relate to their office, a knowledge of how to work in groups”
(Propositio 29) (Pope John Paul II, Post-synodal Apostolic Exhortation Pastores
dabo vobis, “On the Formation of Priests in the Circumstances of the
Present Day,” 25 March 1992, no. 66).
The Diocese which is blessed
to have its own seminary must prepare, in a consistent way, a number of priests
who can be available for the service of priestly formation at the Diocesan
seminary.
7.
The Archdiocesan Curia, “the structure employed by the Bishop to express
his pastoral charity in its different aspects,” requires the service of a
number of priests (Pope John Paul II, Post-synodal Apostolic Exhortation Pastores
gregis, “On the Bishop, Servant of the Gospel of Jesus Christ for the Hope
of the World,” 16 October 2003, no. 45).
Certain offices, particularly those involving the vicarious exercise of
the Bishop’s jurisdiction, must be held by a priest, for example, the offices
of Vicar General, Judicial Vicar, Adjutant Judicial Vicars, Episcopal Vicar,
and Moderator of the Curia. The service
of a certain number of priests in the Archdiocesan Curia and in other
Archdiocesan institutions, in addition to those serving in offices which
require a priest, more effectively guarantees the presence of the Bishop’s
pastoral charity in all of the work of the Curia. In addition to the Diocesan Curia, the Diocese may also have
responsibility to provide required priest personnel for the interdiocesan or
regional tribunals of first or second instance. Priests who serve in the Archdiocesan Curia must be properly prepared
by further studies, for example, the study of Canon Law by the priests who
serve as judges in judicial processes regarding the sacred reality of Christian
Marriage.
8.
Communion in the universal Church also means that, from time to time,
the Holy See or the Conference of Bishops or another institution or agency of
the Church may request the service of one of the Diocesan priests.
Deanery
1.
In the second section of the same canon which requires the Diocesan
Bishop to divide the Diocese into parishes, the Code of Canon Law
provides for vicariates forane or deaneries, in order that the pastoral
activity in neighboring parishes can be coordinated and due care of the priests
serving in the parishes can be given by the Diocesan Bishop (can.
374, §2). The deanery is clearly
at the service of the parish, for the responsibilities of the vicar forane or
dean center around the promotion of sound pastoral activity in all of the
parishes of the deanery, and the care of the priests of the deanery, so that they
may carry out their irreplaceable mission in the parish or parishes entrusted
to them (can. 555, §§1-4). The Diocesan
Bishop is to hear the vicar forane or dean before the appointment of a pastor
within his vicariate forane or deanery (can. 524), and he may consult him
before the appointment of a parochial vicar (can. 547).
2.
The Diocesan Bishop has the responsibility to establish vicariates
forane, as he deems fitting and helpful, and to alter them. The Directory for the Pastoral Ministry
of Bishops suggests the helpfulness of “common statutes for
deaneries, to be approved by the Bishop after consulting the Presbyteral
Council” (Apostolorum successores, no. 217). These statutes would contain the following: 1) the parishes
belong to each vicariate forane; 2) the title of the priest in charge of the
vicariate forane, the manner of his selection, the term of his service, and any
special faculties which the Diocesan Bishop may give him; 3) the nature of
meetings of the vicariate forane; and 4) the membership of the vicars forane on
other Diocesan consultative bodies (Apostolorum successores, no. 217).
3.
It is recommended that the Diocesan Bishop meet regularly with the
vicars forane, “in order to address the problems of the diocese and to be duly
informed regarding the situation of the parishes” (Apostolorum successores,
no. 218).
4.
The Directory for the Pastoral Ministry of Bishops also addresses
the establishment of pastoral regions under the care of an Episcopal Vicar (Apostolorum
successores, no. 219; cf. can. 476).
Conclusion
In conclusion, the following
points need to be underlined:
1.
A sound ecclesiology and a sound theology of the ordained priesthood
must always be the foundation of our treatment of juridical questions
pertaining to the ordained priesthood and the ministry of the ordained priest;
2.
In addressing juridical questions regarding the parish and the parish
priest, the ordained priesthood as constitutive of the life of the Church must
always be kept in mind and respected;
3.
Priestly formation, especially pastoral formation, needs to help those
in formation to develop the virtues needed to sustain a distinct priestly
identity while also working together with the non-ordained in carrying out the
mission of the Church;
4.
Programs to prepare the non-ordained to serve the Church in a full-time
or part-time capacity must underline the essential relationship of the ministry
of the non-ordained to the ordained ministry;
5.
A sound ecclesiology demands a view of the Church which is truly
catholic and, therefore, is conscious of the need of the particular Church to
be generous in providing for the needs, including the needs of priestly
ministry, of the universal Church.
(Most Rev.) Raymond L. Burke
Archbishop Emeritus of Saint Louis
Prefect of the Supreme Tribunal of the
Apostolic Signatura