This move follows high-profile cases where spirituality was misused to justify abusive behaviour. With Pope Francis's approval, a working group has been established to study the issue and propose concrete legal changes.

The Dicastery for the Doctrine of the Faith (DDF), in collaboration with the Dicastery for Legislative Texts, announced on 22 November the formation of this group. Archbishop Filippo Iannone, head of the legislative dicastery, will lead the initiative.

The goal is to create a clear legal framework to address spiritual abuse. This has often been considered an aggravating factor in other crimes rather than a crime in its own right.

Cardinal Víctor Manuel Fernández, Prefect of the DDF, highlighted the need to refine terminology, particularly the term "false mysticism". The cardinal described it as overly broad and ambiguous. He noted its current use in cases involving alleged supernatural phenomena, such as apparitions or visions. The term has also been linked to allegations of clerical abuse.

Particular moral gravity

The DDF's 2024 Norms for Proceeding in the Discernment of Alleged Supernatural Phenomena already label the misuse of mystical experiences to manipulate or abuse as a matter of "particular moral gravity".

However, the new working group will seek to formally categorise spiritual abuse as a distinct delict in canon law.

Recent scandals have drawn attention to the misuse of spirituality for abusive purposes. Former Jesuit Marko Rupnik, for example, faced allegations that he used spiritual justifications to exploit individuals while creating religious art. Similarly, accusations against Jean Vanier, founder of L'Arche, and leaders of other Catholic movements have involved claims of mixing spiritual authority with coercive behaviour.

Cardinal Fernández has emphasised the Church's increased vigilance in addressing such issues. "Today, we are more vigilant than before when it comes to the possibility of mystical or spiritual elements being used to exploit or even abuse people" he stated.

Sources

UCA News

Catholic News Agency

English Katholisch

CathNews New Zealand

Hosted by the Canon Law Society of Australia and New Zealand, the four-day event aimed to equip attendees with tools to navigate evolving issues in Church law.

Key issues

The conference covered topics such as penal canon law, justice reform and juridical reflections on the Synod on Synodality.

Experts including New Zealand's Dr Brendan Daly (pictured) shared their insights with delegates and offered guidance on how to apply canon law in their local communities.

"The opportunity to share knowledge with such a dedicated group of professionals is always rewarding" Daly said.

"The discussions we had here in Brisbane will equip delegates with the necessary resources to apply canon law appropriately in their respective parishes, dioceses and wider Catholic communities."

Professional development and networking

The event also provided a rare chance for canon law professionals to network face-to-face. Oratory Fr Adrian Sharp, judicial vicar for the Brisbane archdiocese, emphasised the importance of connecting with colleagues from around the country and beyond.

"It's always a good chance to see our counterparts from around the country" Sharp said.

"The conference is usually the only face-to-face chance of catching up each year.

"It's good to meet those who are new to the canon law field and make connections for when it's necessary to contact them in the future."

Notable speakers and presentations

Daly is a leading expert in canon law. He delivered a session on "Spiritual abuse as a crime", shedding light on this emerging area of concern within the Church. Other international speakers included Dr Rocio Figueroa from New Zealand, Dr Edward Morgan from the UK and Dr Chad Glendinning from Canada.

Sharp highlighted a presentation on the juridical elements of synodality which he found particularly relevant. "A very topical theme, and I found it a helpful presentation" he said.

Looking forward

Fr Ken Cafe, president of the Canon Law Society of Australia and New Zealand, praised the event's turnout and engagement.

"This conference provided a welcome opportunity for our members to reconnect and delve into the critical issues facing the Church's legal framework today" he said.

Source

• Catholic Leader

But hidden in the synod participants' 40-page synthesis are some surprising gems that could lead to significant reform in the church.

The hidden gems

The first is a new stress on lay involvement.

Compared with other Christian churches, the Catholic Church is very hierarchical. This synod, especially the conversations at roundtables, was structured so that lay voices, including women and young people, were heard and respected.

"Synod path called by the Holy Father is to involve all the baptized," the report notes. "We ardently desire this to happen and want to commit ourselves to making it possible."

Secondly, the synod promotes "Conversation in the Spirit."

The term refers to a practice that "enables authentic listening in order to discern what the Spirit is saying to the Churches," the report explains.

It adds that "‘conversation' expresses more than mere dialogue: it interweaves thought and feeling, creating a shared vital space."

Third, the report acknowledges disagreements and uncertainties.

In the past, the hierarchy tended to cover them up, presenting a united front to the faithful and the world.

But on its first page the synod's report acknowledges "The multiplicity of interventions and the plurality of positions voiced in the Assembly,".

It admits "that it is not easy to listen to different ideas, without immediately giving in to the temptation to counter the views expressed."

In each following chapter, any disagreements and uncertainties are listed under "matters for consideration" that "require deepening our understanding pastorally, theologically, and canonically."

The report also acknowledges its divides.

"The Church too is affected by polarisation and distrust in vital matters such as liturgical life and moral, social and theological reflection," it reads.

"We need to recognise the causes of each through dialogue and undertake courageous processes of revitalising communion and processes of reconciliation to overcome them."

Fourth, the report addresses the concerns of women.

"Women cry out for justice in societies still marked by sexual violence, economic inequality and the tendency to treat them as objects," it says.

"Women are scarred by trafficking, forced migration and war. Pastoral accompaniment and vigorous advocacy for women should go hand in hand."

The church must "avoid repeating the mistake of talking about women as an issue or a problem.

Instead, we desire to promote a Church in which men and women dialogue together, in order to understand more deeply the horizon of God's project, that sees them together as protagonists, without subordination, exclusion and competition."

The synod concluded that in the church "It is urgent to ensure that women can participate in decision-making processes and assume roles of responsibility in pastoral care and ministry."

Fifth, it did not forget the poor, "who do not have the things they need to lead a dignified life."

Instead it insists on their dignity, cautioning the church to avoid "viewing those living in poverty in terms of ‘them' and ‘us,' as ‘objects' of the Church's charity.

Putting those who experience poverty at the center and learning from them is something the Church must do more and more."

Sixth, it charges the church with combating racism and xenophobia, saying it must take action against "a world where the number of migrants and refugees is increasing while the willingness to welcome them is decreasing and where the foreigner is viewed with increasing suspicion."

In addition, "Systems within the Church that create or maintain racial injustice need to be identified and addressed. Processes for healing and reconciliation should be created, with the help of those harmed, to eradicate the sin of racism."

Seventh, abuse in the church must be dealt with.

It suggests that the church explore the possibility of setting up a juridical body separate from the bishop to handle accusations of clerical abuse, saying, "It is necessary to develop further structures dedicated to the prevention of abuse."

Eighth, the synod participants called for reforming priestly formation.

"Formation should not create an artificial environment separate from the ordinary life of the faithful," the report said.

It called for "a thorough review of formation programmes, with particular attention to how we can foster the contribution of women and families to them."

It recommended joint formation programmes for "the entire People of God (laity, consecrated and ordained ministers)."

It also called on episcopal conferences to "create a culture of lifelong formation and learning."

Ninth, the synod called for a regular review of how bishops, priests and deacons carry out their ministry in their diocese.

This would include "regular review of the bishop's performance, with reference to the style of his authority, the economic administration of the diocese's assets, and the functioning of participatory bodies, and safeguarding against all possible kinds of abuse."

Tenth, the report took on liturgical language.

It says the texts used in Catholic rites should be "more accessible to the faithful and more embodied in the diversity of cultures."

It later suggested that liturgy and church documents must be "more attentive to the use of language that takes into equal consideration both men and women, and also includes a range of words, images and narratives that draw more widely on women's experience."

Eleventh, it raised the possibility of offering Communion to non-Catholics, or what it called "Eucharistic hospitality (Communicatio in sacris)."

Saying it was a pastoral issue as much as an ecclesial or theological one, the report noted that such hospitality was "of particular importance to inter-church couples."

Twelfth, the report took aim at what it means to be a deacon in the church.

As it is, the deaconate is largely seen as a steppingstone to priesthood.

The report questions the emphasis on deacons' liturgical ministry rather than "service to those living in poverty and who are needy in the community.

Therefore, we recommend assessing how the diaconal ministry has been implemented since Vatican II."

Thirteenth, the reform of the Roman Curia must continue.

The synod affirmed Pope Francis' statement in the Apostolic Constitution "Praedicate evangelium," released in March of 2022, that "the Roman Curia does not stand between the Pope and the Bishops, rather it places itself at the service of both in ways that are proper to the nature of each."

The synod called for "a more attentive listening to the voices of local churches" by the Curia, especially during periodic visits of bishops to Rome.

These should be occasions for "open and mutual exchange that fosters communion and a true exercise of collegiality and synodality."

The synod also asked for a careful evaluation of "whether it is opportune to ordain the prelates of the Roman Curia as bishops," implicitly suggesting that laypeople might hold top Vatican positions.

Fourteenth, the report said canon law needs updating.

"A wider revision of the Code of Canon Law," it reads, "is called for at this time" to emphasise the synodality of the church at all levels.

For example, it suggests, pastoral councils should be mandatory in parishes and dioceses. It also held up for imitation a recent plenary council of Australia.

Lastly, the synod wants to promote small Christian communities, "who live the closeness of the day-to-day, around the Word of God and the Eucharist" and by their nature foster a synodal style.

"We are called to enhance their potential," the synod's members said.

You will not find these gems written about in the media, but if we let the media tell us what to see in the synod, we might miss important opportunities for church reform.

• First published in Religion News Service
• Thomas J. Reese, a Jesuit priest, is a Senior Analyst at RNS. Previously he was a columnist at the National Catholic Reporter (2015-17) and an associate editor (1978-85) and editor in chief (1998-2005) at America magazine.

According to The Pillar and The Remnant websites Cardinal Ghirlanda (pictured), an important advisor to Pope Francis, had been tasked by the pope with drafting revisions to the conclave.

Ghirlanda called the reports "a pure lie".

The proposed alterations, as outlined by The Pillar and The Remnant, suggest a shift towards a more synodal approach.

These changes include the transformation of pre-conclave meetings (known as general congregations) into small-group discussions.

These meetings have been compared to the small-group format of the Synod on Synodality held in October.

Furthermore, participation in these meetings would be limited to cardinals under the age of 80, the ones eligible to vote for the next pope.

"I do not know anything about it, and any implication I have in it is a pure lie" Ghirlanda stated.

The Vatican's official spokesperson, Matteo Bruni, in a statement to CNA has also disavowed any knowledge of papal election reforms.

However The Pillar, citing "a senior canon lawyer close to the Vatican" reported that knowledge of the process to reform conclaves "is widespread in Vatican canonical circles, as is the role of Cardinal Ghirlanda."

Laypeople to participate

The Remnant also suggested Pope Francis is considering a proposal by Ghirlanda to allow laypeople to participate in the conclave.

This could include the selection of a new pope.

General congregations traditionally serve as preparatory meetings of the College of Cardinals.

They offer a platform for cardinals to acquaint themselves with the regulations governing conclaves.

During these gatherings, cardinals can express their views, seek clarification and make suggestions.

The papal election process and the sede vacante (the period between a pope's departure and the election of a new one) are regulated by St John Paul II's 1996 apostolic constitution, Universi Dominici Gregis and Pope Francis's 2022 apostolic constitution, Praedicate Evangelium.

However the conclave, held in the Sistine Chapel, is a strictly confidential affair.

All participating cardinals take an oath to maintain complete secrecy, subject to automatic excommunication if violated.

Sources

Catholic News Agency

The Pillar

CathNews New Zealand

It will be based in the Bishops' Conference headquarters in London and have one of two penal tribunals in Liverpool.

At a Mass on Saturday, November 4, Cardinal Vincent Nichols described the new tribunal service as "a focus of practical love and service" which would "ensure that the rights and obligations of all the Christian faithful are upheld, robustly and impartially, and that justice and equality must prevail".

He added: "This is love in action."

Read More

Annual Conference assist canonists in their ministry by providing continuous professional development.

People working in the Canon Law field came from Oceania, Great Britain and Ireland, Canada, the US and Australia joined the New Zealand hosts for the event. (Some pictured.)

Conference speakers addressed and presented papers on such current topics as "Church Records and Privacy".

"As well as Church law, the realities of our Church existing in a modern, more digital-centric world means canonists also need to keep up to date with issues such as privacy and cybersecurity," said Elizabeth Ong.

In 2020 Ong completed a Pontifical Licence in Canon Law through St Paul University in Ottawa, Canada. She is a judge of the Catholic Tribunal of New Zealand.

Other topics covered at the conference concerned presentations on vulnerable persons, the Code and Vos Estis, and Canon 1392: Clerics Abandoning the Sacred Ministry.

Consideration was also given to issues pertinent to New Zealand's present circumstances and the Royal Commission.

Ong told CathNews that it is not all papers and presentations.

She said the conference is also an opportunity to consider practical issues in Church Tribunal-related ministry and to enjoy the fellowship of others working in Canon Law.

Source: Supplied

But the Catholic Church's Code of Canon Law leaves Strickland little to no room to resist if the pontiff demands his resignation, several prominent canon lawyers told NCR.

Canon law makes it clear that the pope has "supreme, full, immediate, and universal ordinary power" in the Catholic Church and that any final decree he issues is binding and cannot be appealed.

Read More

The developers of Magisterium AI trained an AI robot on a database of 456 Church documents.

These include: Scripture the Catechism of the Catholic Church, the Code of Canon Law, the General Instruction of the Roman Missal, 90 encyclicals, seven apostolic constitutions, and 26 apostolic exhortations.

The result of all that training, according to Matthew Sanders of Longbeard, a digital marketing and design agency connected to the project, is that the Magisterium AI:

"doesn't hallucinate (make stuff up), and it also provides citations so you know where its answers were generated from."

The project, which Sanders says can prepare homilies, is backed by Fr. David Nazar, rector of the Pontifical Oriental Institute, who serves as chair of the AI's "scholarly advisory committee."

Sanders said by email that while "there is a great deal of fear around AI … there are many who feel it could be a powerful tool to share truth."

The Magisterium AI project is available online, but in a beta-testing form at present.

At The Pillar, we wondered just how good it really is — and whether it could answer questions as well as a seminary professor and a working canon lawyer.

So we put it to the test.

For theology, we asked Magisterium AI to answer the same questions as Angela Franks.

She's a professor of theology at St. John's Seminary in Boston, with specializations in "theology of the body, the New Evangelization, the Trinity, Christology, and the thought of John Paul II and Hans Urs von Balthasar."

For canon law, we asked the robot to answer the same questions as Timothy Olson, JCL, who is chancellor of the Diocese of Fargo, North Dakota, and an instructing judge in Fargo's diocesan tribunal.

We asked each expert to spend less than an hour answering the questions we gave, while the Magisterium AI answered each question in usually 1-2 minutes.

We told both the machine and the experts to answer each question in just 4-5 sentences.

We'll show you how the machine and the experts answered the questions, and give you a few notes to ponder. (Nota bene: We are not including the machine's footnotes, but we note that it has given us 3-5 footnoted references on at least every question.)

But is the machine up to snuff? Should theologians and canonists be excited for a new tool — or worried about job security? Is the AI on the right track?

Well, we'll tell you what we think, especially about who answered each question better. But we admit our own biases — we're old fashioned, and we're probably pulling for the people here.

So are we right?

You'll have to decide that for yourself.

Theology

What is baptism, theologically?

The machine:
Baptism, theologically, is a sacrament that signifies the forgiveness of sins and the cleansing of the soul. It is a participation in the paschal mystery of Christ, where the believer is configured to Jesus Christ and becomes a new creation.

Through baptism, one is incorporated into the Church, receives the promised Holy Spirit, and is justified.

Baptism is the sacrament of faith par excellence, where faith and baptism are intimately linked. It is a gift from God that is received through the Church, and it marks the beginning of a new life in Christ.

Dr. Franks:
CCC 1213 tells us: "Holy Baptism is the basis of the whole Christian life, the gateway to life in the Spirit (vitae spiritualis ianua), and the door which gives access to the other sacraments. Through Baptism we are freed from sin and reborn as sons of God; we become members of Christ, are incorporated into the Church and made sharers in her mission: ‘Baptism is the sacrament of regeneration through water in the word.'"

Pillar verdict:
The machine gave a pretty good answer here, and mentioned more things - like the Holy Spirit - than did Dr. Franks. But the machine also seemed to do a strange bit of question begging: saying that baptism is the sacrament of faith, where faith and baptism are intimately linked. Baptism is, indeed, the sacrament of faith — but does the AI's sentence mean anything?

Dr. Franks' answer is a straight excerpt from the Catechism, and a pretty clear one. We hope on future questions, she'll answer in her own words, but we'll give her this one. Read more

• First published in The Pillar. Republished with permission.

Last Thursday's incident marks the latest in a series of recent security breaches.

Two weeks ago, a man found to be mentally ill was arrested after ramming his car into the St Anne's entrance gate to the Vatican and driving through the small city-state.

Last August, climate activists entered the Vatican Museums and glued their hands to the base of the famed "Laocoön and His Sons" statue. The first-century sculpture is considered one of the most important ancient works in the Vatican.

The activists also hung a banner reading, "Last Generation: No gas and no carbon".

And in 2019, another man described as "psychologically disturbed" was arrested by Vatican gendarmes for climbing onto the main altar in St Peter's Basilica and tossing a candelabra onto the floor

Source

• Daily Mail
• Crux Now
• Reuters

Dew (pictured right) explains "Canon law requires that bishops offer their resignation to the Holy Father when they reach 75 years of age, and yesterday I reached that age."

Pope Francis has accepted his resignation.

"It is with sadness that I say goodbye and an enormous thank you to you all," says Dew.

"I will still be about and look forward to being involved in the life of the Archdiocese in other ways."

Dew remains as Apostolic Administrator of the Diocese of Palmerston North and will continue with his various Vatican roles, including appointments to the Dicastery for Evangelisation, the Dicastery for Divine Worship and the Discipline of the Sacraments, and the Dicastery for Promoting Christian Unity.

He remains eligible to take part in papal elections until he is 80.

Being archbishop "has been a privilege" that came with "many challenges and some difficulties.

"Like Jesus at times I have also had to be resolute about "taking the road to Jerusalem" (Luke 9:51).

"I have always loved this part of Luke's Gospel which follows straight after the experience of Jesus on the Mount of Transfiguration.

"It is a reminder that when we have encountered Jesus in prayer we can be resolute in dealing with challenges and difficulties."

"Never forget that we are all the chosen and beloved daughters and sons of God. We are privileged to walk together in our Church, our family of faith.

"Thank you for your prayers, love and support.

"Your constant support, your commitment to the Church, your willingness to walk the way of Jesus, tell the truth of Jesus and live the life of Jesus have been inspiring."

Since June 2022 pain in his legs meant Dew found it difficult to walk and on March 21 he had spinal surgery. After a period of convalescence, he is back walking with much more ease.

Dew had only briefly resumed his duties before Pope Francis accepted his resignation.

Simultaneous with Dew's resignation Pope Francis appointed Coadjutor Archbishop Paul Martin (pictured left) as the 8th Archbishop of Wellington.

"I wish Paul every blessing and ask that you support him in the same way as you have supported me," says Dew.

Dew wants people to pray for his successor.

"Every time you go to Mass and hear Archbishop Paul's name in the Eucharistic Prayer, please make that a sincere prayer for him," he says.

For his part, Martin says the Archdiocese will miss Dew.

"He has guided the Archdiocese of Wellington through many challenges and major changes, always with a very pastoral approach. He has also had many demanding national roles in the Church", says Martin.

Although already Archbishop of Wellington, Martin's installation as Archbishop takes place on Saturday 17th June at St Teresa's Pro-Cathedral, Karori.

Source

• NZ Catholic Bishops Conference
• Vatican
• Catholic Archdiocese of Wellington

In his 'First Things' magazine article, conservative prelate and canon lawyer Thomas Paprocki (pictured) cites an unnamed cardinal's views on how the Church should minister to LGBTQ people and divorced and remarried Catholics.

While he doesn't name Cardinal Robert McElroy, Paprocki quotes directly from a 24 January article the cardinal wrote for America magazine.

In it, McElroy called for a Church that favours "radical inclusion" of everyone, regardless of circumstances and conformance with Church doctrine.

To back his views, Paprocki's essay cites several passages in the Code of Canon Law and draws on the Catechism of the Catholic Church and St Pope John Paul II's Ad Tuendam Fidem ("To Protect the Faith").

Pointing to these, he said anyone who denies "settled Catholic teaching" on issues like homosexuality and "embraces heresy" is automatically excommunicated from the Church.

The pope has the authority and the obligation to remove a heretical cardinal from office, or dismiss outright from the clerical state, Paprocki wrote.

Referencing McElroy's critique of "a theology of eucharistic coherence that multiplies barriers to the grace and gift of the eucharist," Paprocki claimed: "Unfortunately, it is not uncommon today to hear Catholic leaders affirm unorthodox views that, not too long ago, would have been espoused only by heretics."

Although McElroy and Paprocki were both available for comment, in a 28 February interview Paprocki said he did not intend to single out a particular cardinal for criticism. Rather, he "intended the discussion to be more rhetorical.

"I think the reason I did this is because this debate has become so public at this point that it seems to have passed beyond the point of just some private conversations between bishops."

The bishop's explanation struck some observers as disingenuous.

Jesuit Fr Tom Reese, a journalist who has covered the US bishops for decades, says Paprocki's essay reflects deep divisions in the US Catholic hierarchy, plus a level of public animosity, open disagreement and strident rhetoric among bishops.

Popes John Paul II and Benedict XVI would not have tolerated it, he says.

"On the other hand, there wouldn't have been this kind of discussion under John Paul II because the Vatican would have shut it down.

"Francis has opened the Church up for discussion again and [conservative bishops] just don't like it. They're trying to shut it down by using this kind of inflammatory rhetoric, even against cardinals," Reese said.

Cathleen Kaveny, a law and theology professor, says Paprocki "should know better as a canon lawyer" than to accuse someone of heresy - which is a formal charge.

Paprocki is running together statements and teachings of different levels of authority in the Church and claiming any disagreement amounts to heresy. "And that's just false," Kaveny says.

"The underlying question ... is whether development in church doctrine can take place.

"I would recommend people read John Henry Newman on that, and look at the history of the church's teaching on usury while they're at it."

Source

• NCR Online

Francis spoke at a February 14-18 course sponsored by the Roman Rota, a Vatican tribunal that deals primarily with marriage cases.

The pope challenged the idea that canon law and the mission of spreading the Good News of Christ are separate realities.

He called on canon lawyers to promote and protect the primary right of the faithful to be evangelised and led to an encounter with Christ.

"Your work deals with rules, processes and sanctions, but since people and their salvation are the 'subjects and objects' of the church's law, their rights and concrete needs must be 'at the centre of your work,'" the pope told the course participants.

"We are accustomed to thinking that canon law and the mission of spreading the Good News of Christ are two separate realities. One might say, schematically: there is no law without evangelisation, nor evangelisation without law," Pope Francis said.

The pope cautioned against the idea of canon lawyers simply ticking off compliance and seeking convenient solutions to legal problems.

Instead, they must promote and protect the primary right of the faithful, which is to be evangelised and led to an encounter with Christ.

Canon lawyers must work for the good of individuals

"Canon law cannot be only about judicial procedures, but must also be about the pastoral care of souls," the pope said.

The goal of a canon lawyer cannot be "to seek convenient solutions to legal problems or to attempt certain balancing acts," which could result in "rigid formalistic and bureaucratic frameworks that neglect true rights," Francis said.

Canon lawyers and those involved in marriage preparation and family ministry must work together for the good of the individuals involved, the pope said. This includes ensuring that a marriage being planned will be valid and accompanying couples in crisis situations, "including directing them to the church courts when it is plausible that there is a ground for nullity".

"The most important principle, that of evangelisation, must not be forgotten," the pope said.

And since "reality is superior to any idea," the application of the law relies on the virtue of "juridical prudence that discerns what is truly just" for the individual involved and for the church community itself.

Sources

National Catholic Register

Vatican Publishing House

Monika Schmid, who who has been de facto administrator at a parish in the Swiss Catholic diocese of Chur in German-speaking Switzerland "presided" at the August 28 farewell Mass, preached the homily and concelebrated the Eucharist.

"As diocesan bishop, I have a duty to react to the events of these last few weeks (...) in the parish ...," said Bishop Joseph Bonnemain.

At the Mass, Schmid led the head of the procession, with a staff in hand as a symbol of the community's shepherd. She was surrounded by two priests, a deacon and a theologian.

At the moment of the Eucharistic prayer - the text of which had been extensively revised - the group stood around the altar.

Schmid occupied the central place at the moment of the consecration. She also recited the Eucharistic prayer. A priest held up the host and the cup.

Earlier in the Mass, Schmid based her homily on the Gospel reading of the day: "For everyone who raises himself up will be humbled, and the one who humbles himself will be raised up".

A video of the concelebration is circulating on social media.

At the end of the farewell ceremony, Schmid passed on her pastor's staff to one of the two priests present, to whom she entrusted "her" parish.

Bonnemain says he will be opening a preliminary canonical investigation into these events.

"Because of the scope of these events, I deliberately chose not to act immediately. In such a situation, it is important to carefully evaluate an appropriate procedure," he said.

"The complexity of the liturgical abuses that have taken place necessitates a preliminary canonical investigation."

The incident occurred when a conference was held on "Sacramentality and the Church", organised by the Swiss Bishops' Conference and the Swiss League of Catholic Women.

The meeting's theological and pastoral reflection raised the question of "the dispensation of sacraments by non-consecrated pastoral agents", primarily women.

While reflections begun in 2020 consider "new forms of sacramental missions for lay pastoral agents, men and women, for example the celebration of baptisms or the anointing of the sick", these don't include presiding at Mass.

The Code of Canon Law is unambiguous about this.

"In the Eucharistic celebration deacons and lay persons are not permitted to offer prayers, especially the Eucharistic prayer, or to perform actions which are proper to the celebrating priest," says canon 907.

One question concerns whether the presence of "concelebrating" ordained priests validates the Eucharistic when a lay person is also involved in reading the prayers.

It is possible the preliminary canonical investigation could place responsibility for the transgression on the ordained ministers.

"The results of this first investigation will form the basis for possible further measures.

"They will also show whether these are offences that should be dealt with by the dicastery for the doctrine of the faith and should therefore be reported to it," Bonnemain says.

Source

• La Croix

While the Franciscan University of Steubenville is most often associated with summer conferences - and has one of the oldest and most robust conference operations - it is hardly the only Catholic college in the game.

Many Catholic young people say they experience those kinds of summer conferences as real chances to buoy their faith, make friends who share the Catholic faith, consider a vocation, and - as it happens - consider where they might matriculate for university studies.

Of course, each university's approach to those conferences is different, but many of them feature a roster of lay people who give dynamic evangelical talks aimed at conversion and formation in faith.

That kind of lay preaching is not unique to summer conferences either — it is a mainstay of other large Catholic events, like the annual NCYC youth gathering, various men's and women's conferences, and diocesan stadium events meant to bolster faith in local communities.

The quality of lay preachers at such events varies considerably.

Some well-known lay preachers are known as well-formed, effective missionaries of the Gospel, while others have sometimes been accused of being grifters, theologically unformed, or simply out of their depth. Some are reskinned political columnists or activists with a tenuous connection to the Church and her magisterium.

But the place of such lay people in the Catholic Church in America - for good and for ill - is well-established.

In other countries, the phenomenon takes on different iterations.

There are popular lay Catholic preachers in Latin America who routinely draw audiences that would rival evangelists like Billy Graham.

And in Germany, the "synodal path" gatherings have pushed to see lay people, rather than clerics, to preach homilies during Mass. It seems likely that idea will gain steam in the "synod on synodality" consultations in other countries, as well.

And even if they don't pack arenas, powerful and rhetorically gifted lay preachers can use YouTube or social media to become as influential in the lives of Catholics as the priests or deacons heard from the pulpit on Sundays.

Given Pope Francis' decision last year to create norms and structures for lay people serving as catechists, it's worth asking an improbable but interesting question — one perfect, really, for the slow news cycle of summer's end: Will the pontiff next consider norms to regulate, and normalize, the role of lay preachers in the life of the Church?

In May 2021, Pope Francis published Antiquum ministerium, a motu proprio that urged local churches to recognize, commission, form, and regulate diocesan catechists, who are given a stable designation and a mission to reflect their role in spreading and proclaiming the Gospel.

The pope even called for the Holy See to promulgate a commissioning or "institution" rite for the creation of new catechists.

In places where catechists care for local communities in the absence of a priest, that role looks much different from places where catechists teach CCD classes, but the point Francis makes has universal application:

"This ministry has a definite vocational aspect, as evidenced by the Rite of Institution [to be issued by the Congregation for Divine Worship], and consequently calls for due discernment on the part of the bishop.

"It is in fact a stable form of service rendered to the local Church in accordance with pastoral needs identified by the local Ordinary, yet one carried out as a work of the laity, as demanded by the very nature of the ministry."

The whole initiative was a kind of expansion of the Code of Canon Law, which made mention of episcopal oversight for catechists, but without nearly the detail nor the precise formality Francis established in his motu proprio.

The situation is not entirely different for lay preaching.

The Code of Canon Law establishes that the homily, as a liturgical act, can only be offered by a cleric, but says apart from that:

"Lay persons can be permitted to preach in a church or oratory, if necessity requires it in certain circumstances or it seems advantageous in particular cases, according to the prescripts of the conference of bishops." Continue reading

Its episcopal appointment process could also be altered so it is more open - it could save a lot of unnecessary distress, he says.

The clerical sexual abuse scandal shows the necessity for these changes, he wrote in a paper published in Studia Canonica.

Daly wrote the paper after analysing the 213 recommendations from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse made in 2017 about the Catholic Church.

His research also included analysing the Holy See's responses to the recommendations.

The Royal Commission's final report commented on the "lack of responsibility, transparency and accountability within the Catholic Church's practices and law", Daly wrote.

These findings show "the catastrophic failure of bishops and religious superiors to deal with the perpetrators, to protect victims and potential victims and to prevent abuse."

One Royal Commission recommendation was that the Australian Catholic Bishops Conference ask Rome to establish a transparent process for appointing bishops. The process would include lay people's direct participation.

Another recommendation was that the criteria for appointing bishops be published.

The Holy See noted the documents and canonical provisions describing these criteria.

It also noted the current laity's involvement in the episcopal appointment process, stating child safety must be part of this.

The "massive failures in episcopal leadership" throughout the world raises the question of whether a different selection process would be a preventative measure, Daly said.

The job description of a bishop has changed and needs to be reflected in the qualities required of episcopal candidates.

The Royal Commission blamed "clericalism as a key cause of failures to deal with the sexual abuse of minors within the Catholic Church. This is part of the systemic failure that led to neglecting the input of laity," he wrote.

He suggested a true separation of powers and more allowance for laity in Church governance are needed.

Pope Francis believes Church renewal cannot be deferred [as] "the path of synodality is the path that God expects from the Church of the third millennium".

It will result in better decisions in all areas of the Church's life, Daly said. Many painful crimes could have been prevented if canon law had been better appreciated and implemented.

A governance review of the Catholic Church in Australia recommended wider consultation with laity during the episcopal appointment process.

This includes "ensuring that candidates for the episcopacy have proven competence in dealing with sexual abuse cases".

Its recommendations also included:

• a national protocol on seminarian selection, training and ongoing formation
• each diocesan bishop (or dioceses in combination if appropriate) establishing a panel involving women and lay men for the selection process for entry of candidates into the seminary and discernment prior to ordination
• lay people take a critical role in the formation of seminarians and evaluations of suitability for ordination
• a requirement for each diocesan bishop to consult the panel before accepting a foreign priest.

Source

• NZ Catholic

Key in the decree is an emphasis on one of the fundamentals of communication; that people need to be able to understand what is being said.

However the issue of faithfully translating the liturgical texts has been around for more than ten years, but on Friday, the Congregation for Divine Worship and the Sacraments emphasised three facets of fidelity in regard to the liturgical translations: the original text, the language in which it is translated and the ability of the congregation to comprehend the text.

"The adverb 'faithfully' [in revised canon 838] implies a threefold fidelity: firstly, to the original text, secondly to the particular language into which it is translated and finally to the comprehension of the text by the addressees who are introduced to the vocabulary of biblical revelation and liturgical tradition."

The decree also quoted Francis's 2017 instruction: "While fidelity cannot always be judged by individual words but must be sought in the context of the whole communicative act and according to its literary genre, nevertheless some particular terms must also be considered in the context of the entire Catholic faith because each translation of texts must be congruent with sound doctrine."

The new document urges attention to the way local languages are actually spoken and are evolving.

It seems to open the way to wider use in English translations of inclusive language, such as "people" or "men and women" instead of "men,".

It also seems open to translations that may not be word-for-word, nit-pickingly accurate, but still convey the teaching of the church.

Caution is also urged.

"The adoption of vernacular languages in the liturgy must, among other things, take into account that the fundamental criterion is the participation of the people in the liturgical celebrations and not other types of considerations, such as social issues or issues related to identity."

Francis is on record as saying that changes to canon law take precedence over the norms for translation contained in a 2001 instruction from the Congregation for Divine Worship and the Sacraments

"One can no longer hold that translations must conform in every point to the norms of [the 2001] 'Liturgiam Authenticam' as was done in the past."

In 2017, the time since the pope's original announcement, New Zealand's bishops expressed their desired to collaborate with English speaking Bishops' Conferences around the world to consider the possibility of an alternative translation of the Roman Missal and the review of other liturgical texts.

As a liturgist commented to CathNews, the new decree may actually challenge the earlier collegial intention of the New Zealand bishops and their colleagues to have one English translation.

"Just because various countries, nationalities and cultures speak English does not mean they use the English language in the same way".

"As the decree says, 'the congregation must be able to comprehend the text' ".he said.

Source

• NCR Online
• CathNews
• CathNews
• Image: Vatican News

Also, throughout New Zealand and Australia, parishes are being combined or merged with other parishes. Major questions arise concerning leadership and the role of priests. Church buildings are sometimes being sold for profane use or used as educational facilities, rather than as places of worship.

These changes in parishes raise a number of pastoral and canonical issues concerning leadership, ownership of property, consultation and the procedures required. In fact, suppressions and alterations to parishes elsewhere in the world have been successfully challenged by recourse to the Holy See.

Scripture

The early Christian community is described in Acts 2:42: "... they devoted themselves to the apostles' teaching and fellowship, to the breaking of bread and the prayers". This text expresses four key elements of Christian communities at any time in the history of the church: (1) education, (2) community life, (3) Eucharist, and (4) prayer. Besides being a compendium of the principal norms of church life, they express basic constitutive elements of parish life today.

Origins of Parishes

Parishes came into existence in the history of the church in the fourth century. Christianity spread rapidly once the Emperor Constantine issued his Edict of Toleration of Christianity in 313. By 380 the Emperor Theodosius recognised Christianity as the official religion of the Roman Empire.

The spread of Christianity into rural communities necessitated the appointment of priests to look after these communities and to serve the faithful. This development led to what we know now as parishes.

Council of Trent

The Council of Trent encouraged the establishment of parishes. When people could not receive the sacraments because of distance or inaccessibility, the council encouraged the establishment of new parishes even if the priests involved were opposed to this.³

1917 Code

Parishes became an established church structure in canon law. The 1917 Code required that, for the care of souls, the diocese should be divided into distinct territorial parts called parishes.⁴ However, parishes that were not territorial, such as ethnicity- or language-based groupings, required the special approval of the Apostolic See.⁵

Vatican II

While the Second Vatican Council did not provide a precise definition of a parish, it frequently expressed its insights in a variety of documents. The Constitution on the Sacred Liturgy spoke of:

... groupings of the faithful. Among these the parishes, set up locally under a pastor who takes the place of the bishop, are the most important: for in some manner they represent the visible Church constituted throughout the world ... Efforts also must be made to encourage a sense of community within the parish, above all in the common celebration of the Sunday Mass.⁶

This council document recognises the importance of the parish in the life of the church. It is the parish where most people experience what it is to be church, and it is from the Sunday liturgy that the sense of community flows.

Parishes are envisioned as basically Eucharistic communities. The Decree on the Pastoral Office of Bishops in the Church stated: "In carrying out their work of sanctification parish priests should ensure that the celebration of the Eucharistic Sacrifice is the centre and culmination of the entire life of the Christian community".⁷

The church is experienced most of all in the Sunday Eucharist celebrated in the local community. That has always been the case. Even when the church has been persecuted behind the Iron Curtain and in all kinds of circumstances in history, Christians have continued to meet, in the catacombs and other similar places, for the celebration of the Eucharist. If Christians stopped gathering to celebrate the Eucharist, they might have been safer since they would have been more difficult to apprehend. However, it is an essential part of being Christian that Christians gather together to celebrate the Eucharist united with Christ.

Role of Priests

Vatican II reminded parish priests of their duties within the parish. These duties included leading the people to have a wider sense of church life, something which goes beyond the parish:

... parish priests and their assistants should carry out their work of teaching, sanctifying and governing in such a way that the faithful and the parish communities may feel that they are truly members both of the diocese and of the universal Church. They should therefore collaborate both with other parish priests and with those priests who are exercising a pastoral function in the district.⁸

Thus, the council fathers highlighted the interconnectedness of the communities of the faithful in parishes. Since "Parish priests are in a special sense collaborators with the bishop",⁹ there is an essential relationship between the parish communities and the diocesan community.

Parishes in some manner "represent the visible Church constituted throughout the world".¹⁰ Parishes are in some ways images of the church. Through these often small and scattered local communities which are part of the diocesan and universal Church, "Christ is present through whose power and influence the One, Holy, Catholic and Apostolic Church is constituted".¹¹

Priests "gather the family of God ... and lead it in Christ".¹² The whole purpose of their authority is to build up the body of Christ. The building up of the Christian community is essentially through the Eucharist because "no Christian community is built up which does not grow from and hinge on the celebration of the most Holy Eucharist".¹³ This is particularly true of Sunday celebrations of the Eucharist.

Collaborative ministry by priests and lay faithful is an essential part of parish life. The Decree on the Apostolate of the Laity stated: "The laity should develop the habit of working in the parish in close union with their priests ... The laity will continuously cultivate the `feeling of the diocese', of which the parish is a kind of cell; they will be always ready on the invitation of their bishop to make their own contribution to diocesan undertakings".¹⁴

Rationale for Parishes

The Decree on the Life and Ministry of Bishops pointed out that "the parish exists solely for the good of souls".¹⁵ Logically, Vatican II taught that "the same concern for the salvation of souls should be the motive for determining or reconsidering the erection or suppression of parishes and other changes of this kind".¹⁶ Clearly the council fathers appreciated the need for changes to existing parishes forty years ago.

Pope Paul VI issued the apostolic letter, motu proprio, Ecclesiae Sanctae, on August 6, 1966, to implement some of the decisions and decrees of the Second Vatican Council. He stated in number 21, concerning the erection, suppression and changes of parishes:

§1 Every effort should be made that parishes in which, because of an excessive number of the faithful, or too large a territory, or for any other reason, apostolic work can be done only with difficulty or less effectively, be divided or dismembered in the way best suited to the circumstances. Likewise, parishes which are too small should be united insofar as the situation demands and circumstances permit ...

§3 A diocesan Bishop can on his own authority erect or suppress parishes or change them in any way, after hearing from the Council of Priests.¹⁷

Both the Vatican II and the post—Vatican II documents consistently taught that the "good of souls" is the principle for making decisions about parishes. These souls, that the bishop is concerned with, are not just the souls of parishioners in a parish, but include all those in the diocese.

1983 Code

A parish is described in canon 515 §1 as "a definite community of the Christian faithful established on a stable basis within a particular church". A decree of the diocesan bishop formally constitutes a community as a parish.

The parish is a public juridical person from the law itself.¹⁹

This means that the parish is recognised in canon law as having legal standing; it is a subject of rights and obligations. The parish owns its own property which it administers in its own name. In a parallel way, corporations are recognised in the secular law as legal systems.

The parish property is not owned by the individual parishioners, or even by them and the parish priest.

A parallel is the Trust Fund for the Remuneration and Sustentation of Clergy, which is not owned by the priests of the diocese.

The diocese does not own the parish property either, even if it is vested in the name of the bishop as corporation sole, or by some other similar instrument of secular law.

Of its nature a public juridical person is perpetual.²⁰

Hence, once established, the parish has a right to permanent existence.

It is an artificial, legal construct that continues to exist when individual parishioners die, or when the parish priest is appointed to another parish. Parish property is owned by the parish as a juridical person according to the basic principle of church ownership expressed in canon 1256. ²¹

Parishes acquire, retain, administer and alienate property on their own authority. ²²

A parish is a public, non-collegial juridical person made up of an aggregate of persons. ²³

It is `public' because, having been constituted by competent ecclesiastical authority, it acts officially in the name of the church.²⁴ The parish priest acts in the name of the parish, representing the parish in all legal matters, so it is non-collegia1.²⁵

Each parish has its own finance committee to assist the parish priest in administering the assets of the parish.²⁶

The Congregation for the Clergy has outlined four possible parish modifications:

i extinctive union (sometimes known as merger): A and B unite to form C, only C remains (cf can. 121)

ii extinctive union (sometimes also known as merger, or as amalgamation): A is subsumed into B, only B remains (by analogy to can. 121)

iii total division: A is divided into B and C, only B and C remain (cf. can. 122)

iv suppression: A is extinguished ... nothing remains (cf. can. 123).²⁷

Any modification of a parish requires a just cause: "A parish is a community of the faithful which, being a juridic person ipso iure, is perpetual by its nature (cf. can. 120 §1, and can. 515 §§1, 3). It cannot be extinguished or even notably altered without just cause".²⁸

The congregation also reminds everyone that "the principal motivation for modifying a parish is a concern for souls (Christus Dominus, no. 32) and this modification should be undertaken when the good of the faithful requires it (Apostolorum Successores, no. 214)".²⁹

So that any decision is not pastorally damaging or ineffective, there needs to be full and genuine consultation with parishioners. Pastorally effective consultation is far more demanding than merely fulfilling the minimal requirements of canon law. Lawrence Di Nardo gives the example of someone on an administrative board:

... who said that canon 515 §2 of the Code of Canon Law permits the bishops to "erect, suppress or alter parishes" provided he "has heard the presbyteral council." This simple action would seem to make the process very efficient. Just gather a list of the parishes to be suppressed, present them to the priests' council, elicit their counsel and then issue decrees suppressing those parishes and the issue is resolved.³⁰

But Di Nardo raised the issue of the rights of the parishes and parishioners in the parishes to be closed, and how they could vindicate their rights. Subsequently the Pittsburgh diocese embarked on a five-year process of parish reorganisation. This process involved wide consultation with priests and parishioners. Pittsburgh diocese would claim that the faithful were informed and participated effectively in the decisions affecting them and had an opportunity to defend their rights as parishes were restructured.³¹

James Coriden likewise asserts the rights of parishioners to know about matters that will affect their community whether they originate from within or outside the parish.³²

Furthermore, the canon law on financial matters needs to be observed, because, for one thing, non-observance of canon law can impact on collections. Another factor is that, if parishioners become disillusioned, there is always the risk that people will cease going to Mass if they have to travel some distance to a church. Secular law requirements also need to be kept in mind in relation to trust funds and intentions of donors.

However, when circumstances require it, a diocesan bishop can suppress an existing, public juridical person.³³

When a diocesan bishop suppresses a parish, the parish assets then belong to the next highest juridical entity, which would be the diocese.

However, the diocesan bishop could only take this course of action if there were no more parishioners living within the parish. If a new parish acquires the parishioners, it acquires the assets. The intentions of the donors have to be respected.'

Usually, the diocesan bishop is combining or merging parishes in a diocesan restructuring. When the diocesan bishop merges a parish with another parish to form a new parish, a new juridical person is created.³⁵ This new juridical person acquires the assets and debts of both former parishes. Then the parishioners, as well as the assets and debts of both parishes, belong to a new juridical person that has been constituted.

Another possibility is for the diocesan bishop to divide the parish, and either join the parts to other parishes, or make the parts of the original parish into new parishes.³⁶ In such a situation, the diocesan bishop must be careful to see that the intentions of donors and founders are faithfully fulfilled. All acquired rights have to be observed.

Parish Priest and His Role

The parish priest ³⁷ is the spiritual head of the parish and so canon 519 states:

The parish priest is the proper pastor of the parish entrusted to him. He exercises the pastoral care of the community entrusted to him under the authority of the diocesan Bishop, whose ministry of Christ he is called to share, so that for this community he may carry out the offices of teaching, sanctifying and ruling with the cooperation of other priests or deacons and with the assistance of lay members of Christ's faithful, in accordance with the law.

The duties and responsibilities of his offices are spelt out in detail in canons 528-530 and 534.

The parish priest is the centre of a parish community and he leads the community in Christian living most of all by his example. Therefore, a parish priest normally resides among his people and serves them.³⁸ The same provision applies to assistant priests who work with the parish priest and share his duties.³⁹

Parishes Entrusted to a Clerical Religious Institute or a Clerical Society of Apostolic Life
When a parish is entrusted to a clerical religious institute (such as the Society of Mary) or to a society of apostolic life (such as the Columbans), the diocesan bishop must appoint one of the priests as the parish priest or as the moderator.⁴⁰

The parish may be entrusted to the religious institute or the society of apostolic life in perpetuity or for a determined period of time. In either case, there should be a written agreement between the diocesan bishop and the competent superior defining the work to be accomplished, the persons to be assigned and the financial arrangements.'"

Team Ministry in a Parish

Priests can be assigned to care for a parish or a number of parishes in what is often called a "team ministry". Canon 517 §1 states: "Where circumstances so require, the pastoral care of a parish, or of a number of parishes together, can be entrusted to several priests jointly, but with the stipulation that one of the priests is to be the moderator of the pastoral care to be exercised. This moderator is to direct the joint action and to be responsible for it to the Bishop".

The whole group of priests is responsible for what happens in the parish or parishes. However, one priest must be appointed by the diocesan bishop as the moderator to coordinate the activities of all the priests. Edward Sweeney argues that "the term in solidum usually means that each member of a group operating in solidum is personally responsible to see to it that all of the obligations of the group are fulfilled and has personally all of the rights arising from the obligations of the group and from membership of the group".⁴² The priests have stability in office and must have all the qualities to be a parish priest. Each is bound by the obligation of residence according to canon 543. If the moderator ceases from office, by taking up a new appointment, or if he dies, the parish does not become vacant. In such a case, the most senior priest, by appointment to the parish or parishes, fulfils the moderator's function until a new moderator is appointed.⁴³

There is no mention in canon 517 of a shortage of clergy being a reason for this approach to pastoral care. 'Ihe "circumstances" mentioned could well include shortage of clergy, but they could also include other reasons such as priests being involved in other ministries such as being teachers or tribunal judges.

Only one priest can be the "moderator"." He alone takes possession of the parish.⁴⁵ Canon 543 §2, 3° makes it clear that in all legal matters, it is the moderator alone who represents a parish."

Pastoral Care of a Parish by a Deacon, Lay Religious Community or Layperson

Because of a shortage of priests, canon 517 §2 allows for the appointment of a person or persons who are not priests to participate in the exercise of pastoral care in a parish:

If, because of a shortage of priests, the diocesan Bishop has judged that a deacon, or some other person who is not a priest, or a community of persons, should be entrusted with a share in the exercise of the pastoral care of a parish, he is to appoint some priest who, with the powers and faculties of a parish priest, will direct the pastoral care.

This canon, while still allowing great flexibility, requires that every parish has a priest with the powers and faculties of a parish priest.

The 1997 instruction on Certain Questions Regarding the Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priests pointed out that non-ordained people could not have the title of "parish priest" or "moderator" as these persons always had to be priests or bishops.47 Nor could these laypersons be called "community leader".⁴⁸

The appointment of a priest with the powers and faculties of a parish priest implements canon 526 §1: "A parish priest is to have the parochial care of one parish only. However, because of a shortage of priests or other circumstances, the care of a number of neighbouring parishes can be entrusted to the one parish priest". The second paragraph of canon 526 demands that there be only one parish priest or moderator in each parish.49

The canon speaks of a "shortage of priests".

This shortage could be because of a general shortage of priests, or it could be because priests are unavailable for appointment as parish priest because of appointments to other ministries and responsibilities such as a seminary position.

It is possible for the priest to be fulfilling duties in more than one parish because there are not many parishioners and the parishes are relatively close to one another. The priest appointed can certainly rely on lay people to do many things with and for him.

However, when a priest becomes available, canon 151 requires the bishop to make an appointment as soon as reasonably possible.⁵⁰

Canon 517 §2 is dealing with an extraordinary situation.

Although it might have become common practice in some dioceses, it is not considered to be the norm.

However, it is in accord with the Directory on the Pastoral Ministry of Bishops, number 198, which speaks of how the bishop in relation to all members of the faithful "shares the apostolic mission and to them he entrusts responsibilities, according to the norms of prudent pastoral cooperation".

Accordingly, the layperson, deacon or lay religious community sharing in the pastoral care of the parish should not limit the involvement and activity of all the parishioners in the life of the parish.

James Provost, writing about "Canon 517: Priest as Moderator of Parish", sums up the situation:

... the priest moderator in a canon 517 §2 situation may be the pastor of the parish who is aided by deacons and others in a "pastoral team" arrangement. He may be the pastor of a neighbouring parish who has been entrusted with the pastoral care of this other parish, and who is aided in this additional parish by a deacon or others; or he may not be a pastor at all, but moderates the participation in pastoral care provided by a deacon or others for a parish without its own pastor. In the first two situations, the priest is indeed the "proper pastor" of the parish in question In the third situation, however, there is a priest who moderates the pastoral care given by a deacon or others.⁵¹

This priest in the third situation is provided with the powers and faculties of a parish priest, and is the priest who directs the pastoral care. John Renken points out that such a priest is the community leader but is not technically the parish priest.⁵²

Any deacons, lay religious, or laity collaborating in the pastoral care do not have the full care of souls, which can only be exercised by a priest.⁵³

While a certain degree of authority can be delegated to them, the responsibility for pastoral care remains with the priest directing the pastoral care in the parish.

Altering Parishes, and the Consultation Involved

Canon 515 §2 states: "the diocesan bishop is not to erect, suppress,
or notably alter parishes without hearing the presbyteral council".
This is the only canon in the 1983 Code to use the word "notably".

Since the parish is essentially a community of Christ's faithful, what "notably" means is really about the number of parishioners involved in any change.⁵⁴

Many groups such as the diocesan pastoral council may advise the bishop, but the involvement of the council of priests, which aids the bishop in the governance of the diocese, is crucial. It would be a mistake if the task force or some other planning group completed a total package and then informed the council of priests of the result. The impression could be given that the council was being consulted too late for its advice to be significant.

The consultation with the council of priests must be genuine consultation. The bishop cannot simply tell them what he plans to do, or announce what is going to happen before the council meets.

The consultation has to take place prior to a decision being reached in the matter. Otherwise, instead of being consultation it would be a rubber-stamping of a decision that had already been made. Recourse against diocesan restructuring has been successful where there has not been genuine consultation. "Between 1985 and 1995, the Apostolic Signatura handled 22 cases of recourse involving parish closures and/ or relegation of a church to profane use."⁵⁵ Two of these cases of recourse were successful, and both times it was because a diocesan bishop had not properly consulted the council of priests. The recourse could be taken by a priest who disagrees with the decision, or even by an individual parishioner.

When a legal act calls for the advice or the consent of others, they must be convoked and polled according to legal requirements. The statutes for the council of priests might spell out how the consultation may take place. Some statutes allow for phone consultation to take place. But it is best that canon 127 be carefully followed, with the council of priests actually meeting, so that the consultation follows the letter and the spirit of the law:

Canon 127

§1. When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or the advice of some college or group of persons, the college or group must be convened in accordance with Can. 166, unless, if there is question of seeking advice only, particular or proper law provides otherwise. For the validity of the act, it is required that the consent be obtained of an absolute majority of those present, or that the advice of all be sought.

§2 When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or advice of certain persons as individuals:

1° if consent is required, the Superior's act is invalid if the Superior does not seek the consent of those persons, or acts against the vote of all or any of them;

2° if advice is required, the Superior's act is invalid if the Superior does not hear those persons. The Superior is not in any way bound to accept their vote, even it if it is unanimous; nevertheless, without what is, in his or her judgement, an overriding reason, the Superior is not to act against their vote, especially if it is a unanimous one.

§3 All whose consent or advice is required are obliged to give their opinions sincerely. If the seriousness of the matter requires it, they are obliged carefully to maintain secrecy, and the Superior can insist on this obligation.

When the council of priests is convened, the issue should be presented for advice, and each member of the council of priests should have the opportunity to give his advice. It is very important that accurate minutes be kept of that portion of the meeting so that the advice given by each member is clearly recorded. It should be recorded, as well, which members had no opinion about what should happen. These minutes can then clearly establish that true consultation has taken place. Finally, when a vote is taken it is important to record who voted for and against a proposal, who abstained and who the tellers were.

Respecting the Intentions of Donors

In altering parishes, bishops have to respect acquired rights of donors and founders and any acquired rights." In some instances people may have donated money to start a parish or build a church. They may have to be consulted to know their intentions prior to a major change being made to a parish. These donors are in a different situation to parishioners who, under canon 222, donate money to generally support the parish including maintaining the church building(s).

While people who can demonstrate a genuine involvement in the parish need to be involved, and while they may have acquired a right to pastoral care in the parish, the bishop is not subject to their veto because it is the bishop who has the final responsibility concerning parishes. Canon 122 requires the bishop to respect their acquired right to pastoral care in canons 213 and 214 in particular, but the bishop can amalgamate or alter a parish without their consent. A parallel to this whole situation is the consultation that happens when a diocese is divided or dioceses are amalgamated. The Apostolic See does not give each individual member of Christ's faithful in the diocese, who has donated money to the diocese, a determining say about the decision."

A parish is part of the broader community of the church.⁵⁸ The Catholic Church is a communion of local Eucharistic communities, not a federation of community churches. As the letter of the Congregation for the Doctrine of the Faith, on May 28, 1992, stated: "in every particular Church, the one, holy, catholic and apostolic Church of Christ is truly present and active. For this reason, the universal Church cannot be conceived as the sum of the particular Churches, or as a federation of particular Churches".⁵⁹ It would be contrary to the nature of the church to have someone, or one community, undermining the communion or pastoral welfare of the rest of the diocese.

Once the diocesan bishop has consulted the council of priests and those whose intentions and rights must be respected, he must make a decision about the proposed matter. When the diocesan bishop has made his decision, he should issue a proper decree, notarised by the chancellor, so there is a verifiable juridical act.

It is always advisable to have on record a list of dates and consultations that have taken place.

Church Buildings

Merging parishes does not necessarily mean or include closing church buildings or turning them over for secular purposes. Often, when parishes are merged, country churches are closed. This is the source of huge upset, especially when church buildings are sold directly to other ecclesial communities for them to use as places of worship. Decisions like this only add to the difficulties of the situation. Sometimes the churches are used as parish meeting places or for religious education purposes. This is quite different from giving them over for profane use, such as allowing them to be sold so they can be converted into houses or haysheds. There is a completely separate procedure for alienating or reducing a church to profane use to the procedure for altering parishes. The Congregation for Clergy explains:

There is a clear disposition both in law and in tradition that a sacred edifice which has been given over perpetually for divine worship should retain that sacred character if at all possible, and only a grave reason to the contrary is sufficient to justify relegating a church to profane but not sordid use (cf. can. 1222 §2). Even more so, altars do not lose their dedication or blessing when the church does, and can never be turned over to profane use for any reason (cf. canons 1212 and 1238).⁶⁰

A bishop has to consult the council of priests when building a new church.⁶¹ When a church is being relegated for profane use, the bishop has to obtain the consent and not just the advice of "those who legitimately claim rights regarding the church".⁶² He also must ascertain that relegating this church to profane use will not impair the good of souls. People do not have a right to pastoral care in a particular church building. The good of souls includes the souls of all Christ's faithful in the diocese for whom the bishop has obligations to provide pastoral care. One particular group of the faithful should not be receiving a level of pastoral care in a way which leads to other members of the faithful being deprived.

Those who could claim rights regarding a church building would include donors.⁶³ Those with rights certainly would not include all current parishioners. The person responsible for the juridical person of the parish is the parish priest." While it is advisable that the bishop consults with all current parishioners, the required consent is that of the parish priest.

Once the bishop has the consent of all those who legitimately claim rights in relation to the church and has consulted the council of priests, he could grant permission for profane use. The bishop needs to consult only the council of priests. It might not be wise for him to do so, but he could act contrary to the advice that has been given by the majority of members. A definite decree should be made and there should be a record of all the consultations, minutes, consents and votes.

Conclusion

The present situation clearly calls for vocations to the priesthood and religious life to be more valued and to be more actively promoted.

In the short term, bishops, priests, religious and parishioners often face very difficult decisions concerning parishes as the clergy age and decline in numbers, while other factors such as the urban drift from the country accentuate the problem. Everyone can see that changes are inevitable. However, as Pope Francis reminds everyone:

The parish is not an outdated institution; precisely because it possesses great flexibility, it can assume quite different contours depending on the openness and missionary creativity of the pastor and the community. While certainly not the only institution which evangelizes, if the parish proves capable of self-renewal and constant adaptivity, it continues to be "the Church living in the midst of the homes of her sons and daughters."⁶⁵

For a long time official church documents and canon law have allowed for changes to come about. 'The law is clear about who makes the decisions and provides the procedures to bring about change. How successfully changes come about often depends upon clerical leadership, the consultation process, education and individual Christians living their vocations in new ways. There is no doubt that changes to parishes will be more smoothly introduced when people feel listened to, a consensus is reached, and lay leaders are properly trained. Ultimately, all those involved with diocesan restructuring need to appreciate as Saint John Chrysostom said in the fourth century: "You cannot pray at home as at church, where there is a great multitude, where exclamations are cried out to God as from one great heart and there is something more: the union of minds, the accord of souls, the bond of charity, the prayer of priests".⁶⁶

• Brendan Daly is a priest from the diocese of Christchurch and a Doctor of Canon Law. He taught at Holy Cross College, Dunedin and then at Good Shepherd Theological College, Auckland. In 2002 he became principal at Good Shepherd College and is now a Lecturer at Te Kupenga. Brendan is a judge on the Tribunal of the Catholic Church for New Zealand.
• Chapter in Canon Law in Action, Chapter 7: Parishes: Leadership and Other Issues associated with Clustering and Mergers ¹.
• Republished with permission.
• Footnotes are available as PDF only.
• Download Chapter 7 of Canon Law in Action "Parishes: Leadership and Other Issues associated with Clustering and Mergers"

There are reasons to think it heralds a new and even uglier era in American Catholicism.

As Catholics were still reeling from Pope Francis' abrogation Friday (July 16) of his predecessor's guidance on the traditional Latin Mass, "Summorum Pontificum".

Indeed, while this author was struggling to finish an article about that event, The Pillar, a Catholic publication, released what it called "an investigation" in which data identifying Burrill's phone seemed to indicate he had frequently used Grindr, a popular dating app in the gay community, and that he had left geolocation tracks to and from gay clubs.

That is all we really learned from The Pillar's "investigation."

And, here is an important place to pause.

I am a sinner. So are you. So is Monsignor Jeffrey Burrill.

Not one of us has a personal life that would withstand the sort of scrutiny The Pillar has applied to Burrill.

Every single one of us has had a shameful moment we regret, and I suspect most of us must be caught up in cycles of sinfulness that we repeat less because we want to than because we are sinners and cannot help being sinners.

Like anyone else, Burrill's sins are between him and God.

Like any other priest, we can say his bishop belongs in that conversation too.

But unless there is some reason to think he has harmed someone else, I feel sure his sins are none of my business, as much as my sins are none of yours.

As a Catholic, I am bound to believe all of that.

I am not sure what the investigators at The Pillar believe.

I feel comfortably sure that before they embarked on their "investigation," they must not have thought about the Code of Canon Law, which states, "No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy." (Canon 220)

They must also not have thought about the Catechism of the Catholic Church, which says, "everyone should be careful to interpret insofar as possible his neighbour's thoughts, words, and deeds in a favourable way" (Catechism 2478) because "detraction and calumny offend against the virtues of justice and charity." (Catechism 2479).

I can see plainly they did not heed St. Paul, who pointed the finger at himself as a sinner (1 Timothy 1:15) before pointing to others.

Whatever we may say of their practice of Catholicism, The Pillar's investigators paid little heed also to the canons of ethics for journalists.

How did they get their story?

The Society for Professional Journalists' Code of Ethics encourages journalists to "avoid using undercover or other surreptitious methods of gathering information" and admonishes that "Pursuit of the news is not a license for … undue intrusiveness."

What story did they get here?

That Burrill might have broken his vow of chastity and (consensually) used other people for impersonal sex?

The Code of Ethics also tells journalists to "avoid pandering to lurid curiosity, even if others do." And perhaps more importantly, it says, "avoid stereotyping."

There we also need to pay some attention.

The Pillar has less gotten hold of a story than it has published an innuendo.

And, the innuendo should worry us.

The Pillar writes that the data it has from Burrill's phone "suggests that he was … engaged in serial and illicit sexual activity," at the same time he was coordinating responses to the sex abuse crisis for the U.S. Conference of Catholic Bishops.

Although Pillar acknowledges "there is no evidence to suggest that Burrill was in contact with minors through his use of Grindr," the article goes on in the same paragraph to say his use of the app presents a conflict of interest in his role responding to sex abuse because such apps are sometimes used to solicit or traffic minors.

A few paragraphs earlier the article quotes another priest seeming to make a similar leap regarding Burrill's behaviour: that "regularly and glaringly failing to live continence" can become "only a step away from sexual predation."

That equivalence is the ugliest part — conflating consensual sexual behaviour (if Burrill even was part of any, which we do not know) with sexual abuse.

This is the hook on which the "story" hangs, a long-discredited link between sexual abuse and homosexuality. It is hard to call that something other than a slur and a sin against the LGBTQ+ community.

Not to mention, the article's allegations, if true, "out" Burrill's sexuality without his consent — a widely condemned practice.

And, all of that is a bit much to take.

But I fear in fact there is something worse.

I agree with what Monsignor Kevin Irwin wrote today in the National Catholic Reporter, that Pope Francis last week unmasked "the silent schism that has taken place and continues in the American Catholic Church."

We Catholics have been at each other's throats for decades, mostly quietly and with some veneer of restraint.

The façade has been falling, and those days might be over.

Now, The Pillar has opened the way further with this no-holds-barred exposé.

I do not say this idly.

After mere hours, the comments on The Pillar's tweet of the story already see people enthused about going after "bishops … engaged in questionable activity," and asking "what the laity should be doing (to) shine a light into all these dark corners."

We saw centuries ago what Christians — unburdened by their Christianity — in their conflicts with other Christians can look like. I fear we are seeing it again.

That is what schism brings.

That is where the spirit of division leads.

Pope Francis was not wrong to unmask what already is underway, but The Pillar is wrong to push this spirit of division even further along with what I only can call the worst sort of tittle-tattle tabloid journalism.

And, I fear we have not yet seen the worst.

A long ugly season awaits American Catholics.

No one is safe and — it seems — all is permitted.

• Steven P. Millies is associate professor of public theology and director of The Bernardin Center, at Catholic Theological Union.
• First published by RNS.
• The views expressed in this commentary do not necessarily reflect those of Religion News Service.

The Catholic Church says the moon is a part of Florida — sort of.

An obscure church law — the 1917 Code of Canon Law — says that when an expedition sets out to discover new territory, that new land becomes part of the diocese that was home to the expedition.

So Diocese of Orlando is the largest Catholic diocese in the world and out of this world at 14.5 million square miles, moon included.

On June 1, Pope Francis promulgated revisions to the Code of Canon Law detailing crimes and punishments.

The new "Book VI: Penal Sanctions in the Church" takes effect on December 8.

Most of the revisions have to do with crimes of sexual abuse and the responses (or non-responses) of bishops and religious superiors.

Some have to do with financial crimes.

And then there is the one about women's ordination: "Can. 1379 § 3.

Both a person who attempts to confer a sacred order on a woman, and the woman who attempts to receive the sacred order, incur a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished by dismissal from the clerical state."

While the folks on the right can barely contain their glee, and more folks on the left are heading for the door, there is nothing new about this tiny sentence in a much longer document.

In fact, the Congregation for the Doctrine of the Faith presented the same wording and the same penalty in a 2007 General Decree.

Then, in 2010, Pope Benedict XVI presented nearly identical modifications to legal norms regarding "grave delicts."

Francis now presents an entirely new law book.

On the whole, he repeats or strengthens the ways canon law can chasten, punish or even dismiss offenders in a broad variety of crimes. And he includes laity as well as clerics.

Francis also codifies some interesting concepts. For example, drunkenness is not a defence.

In fact, one is doubly responsible if the crime occurs during willful drunkenness, and the penalty for a drunken crime must reflect that greater responsibility.

Then again, there are a lot of loopholes: It seems that ignorance of the law is indeed an excuse.

Finally, there is some new language: Twice "means of social communication" are mentioned, once for exciting contempt for religion or the church, another for recording confessions and releasing the information.

"Technology" also makes an appearance, in relation to pornography and grooming vulnerable individuals.

The revisions to this particular book of canon law actualize things Francis has spoken about; in particular, they more clearly describe sexual abuse crimes and the punishments thereof.

Some complain he has not gone far enough, and others complain about an apparent favouring of secrecy, but on the whole, the revised and new canons seem a step in the right direction.

But then there is that new canon about ordaining women, which seems dropped in from nowhere.

Maybe so, maybe no.

Recall, the wording duplicates the CDF's 2007 decree and Benedict's 2010 modifications to legal norms.

Proponents of women moving into the clerical ranks may be disappointed, but there is nothing new.

However, the new canon specifies "a sacred order."

That could be just priesthood, at least if history is to be respected.

By the time the canonist Gracian collected canon laws in the 12th century, few women and fewer men were ordained to the diaconate as a permanent vocation.

The law developed so that no (man) could be ordained a deacon unless he was destined to become a priest.

Only more modern arguments conjoin the diaconate and the priesthood, such that that the diaconate is part of the priesthood.

It is not.

The Orthodox have no such confusion, and Ecumenical Patriarch Bartholomew I has said nothing bars the ordaining women deacons.

In fact, to conjoin the two orders is to argue for women priests, because there is a long and documented history of women sacramentally ordained as deacons.

What the church has done, it can do again.

The important thing to remember is that the now codified restriction against ordaining women, at least as deacons, is a "merely ecclesiastical law."

That is, it can be changed.

Recall, if you will, that Francis modified canon law to allow all laity — male and female — to be installed as lectors and acolytes.

That represented a development of doctrine. And the current discipline is that all persons who are ordained deacons must first have served in these two installed lay ministries.

We know "merely ecclesiastical laws" can be modified. So does Francis.

The best news in all this came at a press conference when Bishop Juan Ignacio Arrieta, secretary of the Pontifical Council for Legislative Texts, answered an interesting question.

Catholic News Service asked why the revised canon does not specify priestly ordination, thereby leaving open the question of women deacons.

After all, there is now a second study commission on women deacons.

Arrieta said that law reflects current church teaching, and "If we come to a different theological conclusion, we will modify the norm."

• Phyllis Zagano is a senior research associate-in-residence at Hofstra University, in Hempstead, New York. Her most recent book is Women: Icons of Christ, and her other books include Women Deacons: Past, Present, Future. Study guides for both books are available for free download at sites.hofstra.edu/phyllis-zagano/.
• First published by ncronline.org. Republished with permission.