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VINDICATING OUR
RIGHT TO THE TRUTH
In the lead article of this issue, Dr. Liccione did an excellent
job of defining a very, very crucial theological issue. Now
we need to consider what faithful Catholics can do when their
rights to know and live by the truth (cc. 217 and 748, §1) are
threatened, even by those who teach and govern in the name
of the Church. Unfortunately, we cannot offer a “magic bullet”
that will quickly and effectively put an end to the abuses. Canonical
processes simply do not work that way and the tools
we have at our disposal are far from perfect. Nonetheless, we
believe that the general principles that we will outline here, if
properly put into practice, might provide at least some measure
of relief until such time as the competent ecclesiastical
authorities act in a decisive way to address the crisis.
First, we will provide the texts of canons 747 through 752
except for canons 748 and 750, which appear above the lead
article, together with some very short comments. The primary
purpose of these canons is to define rights, obligations, the
scope of authority and the meaning of terms. Next we will
show the text of the canons that provide penalties for violating
the canons in the first group. Finally, we will offer some
suggestions on actions that you might take — and some that
you should avoid — to vindicate your rights.
DEFINING CANONS
It is the obligation and inherent right of the Church, independent
of any human authority, to preach the Gospel to all
peoples, using for this purpose even its own means of social
communication, for it is to the Church that Christ the Lord
entrusted the deposit of faith, so that by the assistance of the
Holy Spirit, it might conscientiously guard revealed truth,
more intimately penetrate it, and faithfully proclaim and expound
it.
Canon 747, §1
The Church has the right always and everywhere to proclaim
moral principles, even in respect of the social order, and to
make judgments about any human matter in so far as this
is required by fundamental human rights or the salvation of
souls.
Canon 747, §2
Canon 747 sets forth the fundamental rights and obligations
of the Church. The following canon, the text of which is
on the front page, states the rights and obligations of everyone
on this earth. It is interesting to see that the Latin text of canon
748 begins with the words “Omnes hominem.”Thus is applies
to all men, without exception.
In virtue of his office the Supreme Pontiff is infallible in his
teaching when, as chief Shepherd and Teacher of all Christ’s
faithful, with the duty of strengthening his brethren in the
faith, he proclaims by definitive act a doctrine to be held concerning
faith or morals. The College of Bishops also possesses infallibility in its teaching
when the Bishops, gathered together in an Ecumenical
Council and exercising their magisterium as teachers and
judges of faith and morals, definitively declare for the universal
Church a doctrine to be held concerning faith or morals;
likewise, when the Bishops, dispersed throughout the world
but maintaining the bond of union among themselves and
with the successor of Peter, together with the same Roman
Pontiff authentically teach matters of faith or morals, and are
agreed that a particular teaching is definitively to be held.
Canon 749, §2
“Certain individuals have a special mission to proclaim the
Word of God as contained in divine revelation. In order to be
protected from error in this special mission, they are given,
through divine assistance, the charism of infallibility.” (E. Caparros,
et al., eds., Code of Canon Law Annotated (CCLA),
prepared by the University of Navarre (Spain) and Saint Paul
University (Canada), Wilson & Lafleur: Montreal, 1993, p.
582.)
“If c. 749 presents the doctrine of the subjects and objects of
infallibility, §1 of c. 750 (text on the front page) rather considers
the divine and Catholic faith.” (CCLA, p. 584.) The second
paragraph was added to c. 750 in 1998 by the Motu Proprio, Ad
tuendam fidem, “in order to specify the firmness that must be
given to doctrines on faith and morals.” (Ibid, p. 585.)
Heresy is the obstinate denial or doubt, after baptism, of a truth
which must be believed by divine and catholic faith. Apostasy
is the total repudiation of the Christian faith. Schism is the
withdrawal of submission to the Supreme Pontiff or from communion
with the members of the Church subject to him.
Canon 751
Not all forms of error add up to heresy. Thus, the rejection
of those propositions that must be held definitively is a very
serious violation and can result in a penalty. However, the
penalty is not automatic (latae sententiae) but must be imposed
by canonical process.
While the assent of faith is not required, a religious submission
of intellect and will is to be given to any doctrine which
either the Supreme Pontiff or the College of Bishops, exercising
their authentic magisterium, declare upon a matter of faith or
morals, even though they do not intend to proclaim that doctrine
by definitive act. Christ’s faithful are therefore to ensure
that they avoid whatever does not accord with that doctrine.
Canon 752
Strictly speaking, the teaching referred to in this canon falls
outside that proclaimed by the solemn magisterium, the ordinary
and universal magisterium or that which is proposed
definitively. Nevertheless, it must be received with obsequiumand failure to do so can result in a penalty.
PENAL ACTIONS
An apostate from the faith, a heretic or a schismatic incurs a
latae sententiae excommunication, without prejudice to the
provision of Can. 194 §1, n. 2; a cleric, moreover, may be punished
with the penalties mentioned in Can. 1336 §1, nn. 1, 2
and 3.
Canon 1364, §1
Heresy is limited to that which must be believed by divine
and Catholic faith in accord with c. 750, §1. Any other rejection
of Catholic teaching on faith or morals would be subject to the
provisions of c. 1371. Although the penalty is incurred by the
offense itself, the full legal effects do not take place unless the
penalty is officially declared by the competent authority. Canon
194 provides for the loss of ecclesiastical office of “one who
has publicly defected from the Catholic faith or from communion
with the Church.” Canon 1336 permits additional expiratory
penalties, including dismissal from the clerical state.
The following are to be punished with a just penalty:
1° a person who, apart from the case mentioned in canon 1364
§ 1, teaches a doctrine condemned by the Roman Pontiff, or
by an Ecumenical Council, or obstinately rejects the teachings
mentioned in canon 750 § 2 or in canon 752 and, when warned
by the Apostolic See or by the Ordinary, does not retract;
2° a person who in any other way does not obey the lawful
command or prohibition of the Apostolic See or the Ordinary
or Superior and, after being warned, persists in disobedience.
Canon 1371
A just penalty can be severe or mild in accord with the circumstances.
Since there is no provision for penalties to be incurred
latae sententiae, then they can be imposed only by an
administrative or a judicial penal process.
WHAT TO DO?
Catholic doctrines concerning the sanctity of human life at
all stages, marriage and family life, the immorality of samesex relations and the admission only of baptized males to the
sacrament of orders are under attack not only by those outside
the Church but by those within as well. The latter include
members of the clergy as well as members of religious communities
and the damage they have done to souls incalculable.
In addition to their grievous offenses against the teachings of
the Church, those responsible are violating the rights of faithful
Catholics to know and live by these same teachings. All of
us are responsible for doing whatever we can to see that they
are called to account. If necessary, we have the right and duty
to call upon the competent authority to intervene. Such a petition
is called a denunciation.
A denunciation is roughly the same as a criminal complaint
in secular law. As private citizens, if we have knowledge of
criminal activity we are required to report it to the proper authorities
and cooperate with any subsequent investigation.
At that point, we have discharged our obligation. We cannot
take the law into our own hands and we have no right to demand
a specific penalty in the event that the offender is found
guilty. Generally speaking, the same is true in the Church’s
legal system.
Whenever a denunciation is under consideration, a large
measure of prudence is called for, especially concerning the
use of the word heresy. As we have seen in this issue, not all
error rises to that level and to falsely accuse someone of it,
even if they are indeed guilty of a lesser violation, could be a
violation of c. 1390, which states: A person who calumniously denounces
an offence to an ecclesiastical Superior, or otherwise injures
the good name of another, can be punished with a just penalty, not
excluding a censure.
If you have a particular concern about the matters discussed
here, the Foundation can assist you in presenting the evidence
that you have gathered and in preparing the required documents.
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