Update on the MP Article 5: The "Stable Group" question. From The Canon Law Society of Great Britain and Ireland.
I pulled this from Father Z's blog, WDTPRS.com
-----I got a fascinating e-mail from frequent commenter and canonist Tim Ferguson.
I urge you bloggers in the UK to make this known.
You must read this (with my emphases and comments:
This is very good indeed. What a marked contrast to the dreadful statements we have read from some bishops in the UK.In the mail today was the latest (September 2007) edition of the Newsletter of the Canon Law Society of Great Britain and Ireland. Among the many gems in this newsletter are articles addressing the invalidity of marriages celebrated by the SSPX (from a couple authors with a couple different perspectives) and commentary by Msgr. Gordon Read on Summorum Pontificum.
I thought your readers would be interested in his commentary on Summorum Pontificum Article 5:
This article deals with public Masses in the context of parishes or other churches open to the public such as hospital or cemetery chapels or shrines. The apparently straightforward wording conceals a number of issues. What is meant by ‘stable group’? the Latin reads ‘coetus fidelium traditioni liturgicae antecedenti adhaerentium continenter exsistit’. ‘Coetus’ means ‘group’ implying at least three people. [YES! YES! That is what WDTPRS has been saying!] The word order implies that ‘continenter’ qualifies ‘exsistit’ rather than ‘adhaerentium’. [YES!] What does it mean? If the author had intended ‘stable’ in the canonical sense he would have used ‘stabilis’. [YES!] The term does not, then, appear to mean a formal group with established membership. On the other hand it would go beyond the wording to require such a group to have existed continuously since 1970. What it specifies is an identifiable group with some kind of continuing existence, as distinct from a one off request from an ad hoc group.
This does not imply that he cannot listen to a request from an ad hoc group, but rather that a continuing group has a right to be listened to - libenter suscipiat. In other words, the parish priest is not simply to rebuff such a request, but to see how their good can be harmonised with the wider good of the ordinary pastoral care of the parish, without the danger of discord. Equally, he is supposed to be responding to a request, rather than simply imposing his own desire unasked on an unwilling community. [This deserves discussion.]
The second and third paragraphs indicate when such Masses may be celebrated. These are permitted not only on weekdays, but also Sundays and holy days. Note that the document says una etiam una tantum. It envisages one Mass on Sundays and holy days, but does not strictly preclude more than one. [YES!] The wording is concessionary rather than limiting in tone. The parish priest may also permit such celebrations to accompany wedding, funerals, pilgrimmages and other occasions.
It is for the parish priest, rather than an assistant priest, to grant permission. There is no suggestion that he is under an obligation to celebrate the Mass himself. He may be unwilling or feel unable to do so. The celebrant must be free from any impediment, e.g. suspension or excommunication arising from adherence to SSPX, or reception of orders without documentation, etc. He must also be idoneus, or "qualified", i.e. have sufficient understanding of the text and rubrics as to be able to celebrate worthily. Common sense will be needed here. [YES!]
In the case of non-parochial churches, it is for the rector to give permission. If there is no rector, as may well be the case for a hospital chapel, then presumably it devolves to the local parish priest. What is less clear is the case of an advertised Mass in a private chapel or oratory, e.g., that of a stately house. If it is advertised, it does not seem to fall under article 2, but neither is it a parish Mass. It would seem to me that at least as a matter of courtesy, the permission of the parish priest should be asked, in case it becomes a source of division, and in case of difficulty, the matter should be referred to the Ordinary.
I am very interested to know what impact this has.
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