Wednesday, March 12, 2014

Wednesday of the First Week of Lent
March 12, 2014

Prayer:

Look kindly, Lord, we pray, on the devotion of your people, that those who by self-denial are restrained in body may by the fruit of good works be renewed in mind.

Scripture:

Remember your compassion, O Lord, and your merciful love, for they are from of old. Let not our enemies exult over us. Redeem us, O God of Israel, from all our distress. (Psalm 24)

Question of the Day:

What is meant by the "form of marriage?"

You have submitted a very complex and difficult question. However, I will attempt to give a somewhat simplified response. Prior the 16th century and the Council of Trent (1545-1563) the exchange of consent (vows) was generally done privately, between the bride and groom — there was really no public manifestations surrounding the solemnization of marriage. All that was necessary for the marriage to be considered valid in the eyes of the Church was this exchange of consent between the parties. This caused some major head-aches, especially in regard to hidden or secret marriages. A person could say they were not married, (when in reality they were) and so take another partner. Who would really know since there were no witnesses and no formal requirements. In a nutshell, abuses set in. One of the purposes of law is to help correct abuses and promote good order in society.

To curb abuses surrounding marriage, especially these so-called "secret marriages," the Council of Trent in 1561 issued the famous decree entitled Tametsi. This document tried to ensure that in the Church for a marriage to be considered valid and lawful, then some kind of form would be necessary. This form would require individuals to have their marriage witnessed by the Church’s minister, usually the pastor of one of the parties who resided. However, the decree was not universally known due to various difficulties in publicizing it.

It was not until 1908 that the form we generally use today in celebrating marriage became common place. Issued on August 2, 1907 by Pope St. Pius X, the decree Ne Temere required the presence of the Ordinary or parish priest or another delegated priest to ask for and receive the matrimonial consent of the bride and groom. In addition to the sacred minister, two other witnesses were also required for marriage to be considered valid and lawful in the Church. There does exist an extraordinary form of marriage, but that is a question for another day.

So basically the canonical form of marriage can be described as the presence of five individuals - the bride and groom, the priest or deacon and two other witnesses. Who is bound by this form of marriage? All baptised Catholics who have not left the Church by a formal act.

However, for a good reason, a dispensation (from the local Ordinary) from canonical form can be granted in the case of marriage between a Catholic and a non-Catholic, i.e., the wedding in this case could take place in the Church and in the presence of the minister of the non-Catholic party.
 

Monday, March 10, 2014

Tuesday of the First Week of Lent
March 11, 2014

Prayer:

Look upon your family, Lord, that, through the chastening effects of bodily discipline,
our minds may be radiant in your presence with the strength of our yearning for you.
Through our Lord Jesus Christ, your Son, who lives and reigns with you in the unity
of the Holy Spirit, one God, for ever and ever. Amen.

Scripture:

O Lord, you have been our refuge, from generation to generation; from age to age, you are.
(Psalm 89)

Question of the Day:

The Place of Canon Law and the Role of a Canonist in Today’s Church?

In the minds of some people Canon Law is perceived as an outdated, academic exercise, serving no other purpose than "fixing up" whatever goes wrong in the Church and individual lives. Others see it as an obstacle whereby more barriers are erected and hurdles thrown up to keep the clergy and faithful in their place and maintain the status quo at whatever cost. Unbearable and cumbersome rules ands regulations of an age long forgotten in the memories of countless numbers - is that how Canon Law is perceived at the end of the millennium? Or, can there be another perception? Can the practice of Canon Law be considered a useful and much needed ministry undertaken for the sole purpose of serving Christ’s faithful as they constantly strive to respond to the call of holiness issued by the gospels and the Second Vatican Council? Can Canon Law be seen today as an aid in assisting "the salvation of souls?" This canonist finds the question proposed to be a legitimate, challenging and even an intriguing query needing reflection and explanation.

Law - nothing can be as weary, taxing, unimaginative and constricting as the subject of law - be it civil, criminal, property or ecclesiastical. Unfortunately, many individuals view the law with great suspicion, considering it to be a burdening, legalistic, game-playing exercise - a discipline full of loop-holes, insensitive and uncaring individuals, demanding its "pound of flesh". All in all, law is viewed with contempt to say the least. On the other hand, law can be a source of great comfort - a freeing and stabilizing element in a world fulled of uncertainty. The one who exercises the practice of law is called to be one who challenges, searches for truth, lifts burdens, listens with compassion, reassures. Law exists for the protection of rights, the prevention of arbitrariness, the healing of relationships, the restoration of justice and the good of society.

From early Jewish times, law has played an extremely important part in the worship, business and everyday life of the human community. Law found itself playing a necessary and useful purpose in the preservation of order and justice within the community of believers. From its role of service, the law sometimes became a great weight on the shoulders of God’s people - reducing worship of God to mere ritualistic observance of rules and regulations — instead of freeing —it held captive. Regardless, law has its rightful and essential place - to keep the community together — free from error and strife — holding up worthwhile and life-giving traditions.

New Testament times were born out of the Mosaic tradition. The early Church remained faithful to Jewish ordinances at least up to the Council of Jerusalem ( ca. 50AD). The ordinances were adapted allowing for the vital growth of the Church to extend to the far reaches of the Roman Empire.

Countless examples can be found in the Gospels where Jesus both challenged mere ritualistic expressions of the law. However, he upheld the importance and function of an orderly community and individual observation of the law which is meant to set free not oppress God’s people.

In order for new communities of faith to flourish in the early Church, law for the purpose of order and proper conduct had to be devised. With the Council of Jerusalem - old practices were put aside and new customs adopted especially in the area of liturgical practice and personal conduct. From Apostolic Times to the Middle Ages and well into our own times, there has been a love/hate relationship with law. Reaching its pinnacle in the 12th and 13th centuries, Canon Law has been both the weakening and strengthening of ecclesiastical life. At times , yes, it has been harsh, cruel, exacting, impersonal - tearing apart the very fabric of church life - reducing the call to holiness to the mere ritualistic and legalistic keeping of (at times) outdated, human regulations. However, at other times throughout its history, especially during times of great tempests and threatening moments, Canon Law has provided that sense of purpose, security and vision needed to allow the Church to be that beacon of hope, stability and consolation in a world knowing only darkness and confusion.

What is needed at the end of this millennium is a healthy respect and appreciation of canon law. The law exists, not to reduce the church to being only a keeper of rules, but a source aiding discipleship and holiness to flourish among all God’s people. Canon Law exists to be at the service of the Church during good times and bad; at moments of crisis and jubilation. Canon Law acts as a custodian of the things of God upholding tradition and allowing for new and great possibilities to thrift. A canonist could be described in the words of St. Paul as a "servant of Christ and of the mysteries of God." (1Cor 4:1).

The tasks facing Canon Law and the canonist on the eve of the millennium involve some serious issues which have always surfaced at one time or another during the Church’s history. The following is by no means complete but it helps identify what it is that a canonist does whether working in chancery, tribunal, teaching, consultation, etc. — matters of Catholic identity; the rights and duties of Christ’s faithful; misconduct and abuse ; marriage and celibacy; divorce and cases of nullity; resolution of conflicts and disputes; liturgical abuses; creation of structures to incorporate and coordinate gifts and ministries of the ordained and laity; clergy assignments, drafting of contracts for employees ; financial matters (temporal goods); administrative matters and accountability; role of women in the Church; fostering respect for the visible Body of Christ.

Father John Beal, Dean of the Faculty of Canon Law at Catholic University of America, Washington, DC addressed the Thirty-First Annual Conference of the Canon law Society of Australia and New Zealand. In his address he stressed that the role of the canonist in the Church today is "to bring from the store room things new and old, to maintain peace in the household of faith, to see that the needs of the faithful are not neglected and that other ministers carry out their responsibilities, to insure that the mysteries of God entrusted to the household of faith are not squandered but support the building up of the community in faith and charity."

Without doubt, indeed Canon Law is to be considered pastoral ministry and its practitioners are invaluable resources in today’s Church not to hound and hunt down dissenters but to assist in building up the household of faith founded on the cornerstone of Christ Jesus whose kingdom is one of "truth, justice and peace..." (Preface of Christ the King).

In the words of Father Beal, the purpose of Canon Law is "to create an ecclesial order that does not stifle charity, grace and charisms but facilitates their development and growth in the life of the individual members of the faithful and the Church as a whole." In the final analysis canonists should be "faithful and prudent stewards — who make the transition from airy abstractions to the concrete messiness of everyday life."

Sunday, March 9, 2014

Monday of the First Week of Lent
March 10, 2014

Prayer:

Convert us, O God our Saviour, and instruct our minds by heavenly teaching, that we may
benefit from the works of Lent. Through our Lord Jesus Christ, your Son, who lives and
reigns with you in the unity of the Holy Spirit, one God, for ever and ever. Amen

Scripture:

This is the favourable time, this is the day of salvation.
(2 Corinthians 6)

Question of the Day:

What is meant by the Latin Church?
The Code of Canon Law at canon 1 addresses this notion of the Latin Church. The Roman Catholic Church is made up of twenty-two sui iuris or autonomous churches. Although having the same beliefs, the same sacraments and being in communion with the Bishop of Rome (the Pope), the churches differ in the way that they celebrate this common faith. What makes them different usually surrounds language, culture and history. One of twenty-two autonomous churches making up the universal (Roman Catholic) Church, is the Latin Church or what was formally called the Latin Rite. We are most familiar with this as it is the predominant church/rite of which we as Catholics here in Canada belong. The Latin Church follows the Code of Canon Law promulgated in 1983 while the other twenty-one sui iuris churches follow the Code of Canon Law of the Eastern Churches, promulgated by Pope John Paul II in 1990.

The division of the universal Church into East/West or Oriental/Latin came about in the year 293. Under the Emperor Diocletian those churches in the Eastern part of the Roman Empire came to be known as Oriental while those in the West belonged to the Latin Church. Each autonomous church is presided over by a Patriarch or major archbishop. In addition, within these twenty-two churches are found six different rites: Roman, Byzantine (Constantinopolitan), Alexandrian, Antiochene (or Syrian), Armenian and Chaldean. There are two ancient Eastern rites with further sub-divisions: the Antiochene rite and the Alexandrine rite. Furthermore, in many parts of Canada and the United States along with the Antiochene rite can be found the Alexandrine rite (Coptics) and the Byzantine rite (Ukranians, Melkites, Ruthenians, etc).

There are three basic ways in which a person becomes incorporated in one of these twenty-two autonomous churches: baptism, transfer of rite, and reception into full communion.

Saturday, March 8, 2014

First Sunday of Lent
March 9, 2014




The Glory of These Forty Days: Click here to listen



Prayer:

Grant, almighty God, through the yearly observances of holy Lent, that we may grow in
the understanding of the riches hidden in Christ and by worthy conduct pursue their effects.

Scripture:

Man does not live on bread alone, but by every word that comes from the mouth of God.
(Matthew 4:4)

Question of the Day:

Are all writings of the pope known as encyclical letters, or are there other documents one should know about?

Although one of the most common of papal documents known to the vast majority of Catholic people is the encyclical letter, yes, there are other types of documents. Some come from the pope himself, while others are issued from other Vatican sources. The main documents can be divided into legislative (binding in law) and non-legislative texts. The first type includes the following:

(1) Decretal Letter: This is the most solemn form of papal pronouncement, used to make known an article of faith. For example: the canonization of a saint.

(2) Apostolic Constitution: Issued by the pope himself, this is a most solemn legal document and usually deals with matters of Church doctrine or discipline or other important questions. For example, the 1983 Code of Canon Law was promulgated by Pope John Paul II in the Apostolic Constitution Sacrae Disciplinae Legis,


 (3) Motu proprios: This form of legislative text is the most commonly used document today. Written on the pope’s own initiative and directed to the Church at large, it deals with vital Church matters.


Non-legislative documents include the following:

(1) Encyclical Letters: These are letters of the pope directed to either a very specific group of individuals or to a large audience. Encyclicals are not binding in law and usually deal with matters of morals or social issues, whereby advice is given or greater light shed on doctrinal questions. This type of papal document belongs to what is known as the pope’s ordinary teaching authority. For example: Pope John Paul II’s Encyclical Letter, Evangelium Vitae (The Gospel of Life), 1993.


(2) Apostolic Letters: Usually these are sent to a particular person or groups ( for example, to a Bishop’s Conference) and outline social and pastoral teachings. For example, Pope Paul VI’s Apostolic Letter, Octagesimo Adveniens , 1968 to Maurice Cardinal Roy, Archbishop of Quebec on the 80th Anniversary of Pope Leo XIII’s Encyclical, Rerum Novarum.

(3) Apostolic Exhortations: In more recent years, this sort of document has been issued at the conclusion of Synods of Bishops stating the teachings put forward by such synods. One could call them advisory documents of sort. For example, Pope John Paul II’s Apostolic Exhortation, Familiaris Consorto, (The Role of the Christian Family in the Modern World), 1981.

It is important to keep in mind that although these three secondary documents are not law-binding texts, they are not to be totally disregarded as having no importance. These documents usually include important Church teaching and should not be dismissed as having no relevance.

In addition to the above-mentioned documents, one could point out other significant papal documents used at appropriate times and occasions. These are common declarations, mutual letters, congratulatory letters, homilies, addresses and various other types of messages, to name but a few.

Furthermore, it needs to be mentioned that The Documents of the Second Vatican Council are regarded as legislative texts and take the form of constitutions (pastoral/dogmatic), decrees, declarations and messages. Although not legislative in nature, the Roman Curia also issues various types of documents including decrees, instructions, letters, directories, norms, statutes, etc.
 

Friday, March 7, 2014

Saturday After Ash Wednesday
March 8, 2014

Prayer:

Almighty ever-living God, look with compassion on our weakness and ensure us your
protection by stretching forth the right hand of your majesty.

Scripture:

I do not wish the sinner to die, says the Lord, but to turn to me and live. (Ezekiel 33)


Question of the Day:


What is the Church’s position on cremation? If it is allowed, can my ashes be scattered over the river or could I have them buried in my back yard?

To answer your first question, we turn our attention to canon 1176, § 3, which states:"The Church earnestly recommends that the pious custom of burial be retained; but it does not forbid cremation, unless this is chosen for reasons which are contrary to Christian teaching."

Prior to Vatican II and the renewal of Church liturgy, cremation was not very common place, especially in this part of the world. Since the mid-1960's, cremation has become more popular in many North American areas. Although the custom of burying the dead remains the preferred one in the Church, cremation is allowed, except for reasons which are contrary to the teachings of the Church. One could mention here, using cremation as a way to try and disprove the resurrection of the dead. In this situation, cremation would be seriously frowned upon. It must be kept in mind, that there are many ways of disposing of the remains of the deceased and cremation is one of those ways. The Liturgy Commission of the Canadian Conference of Catholic Bishops has prepared and made available a brochure on the subject of cremation and associated matters. This is available on their web site at http://www.cccb-publi-cecc.com.
The answer to the second part of your question is a bit more complicated. Although I can find nothing in the law preventing ashes being scattered or buried in a place not designated for such purposes - some common sense needs to prevail here. There seemed to be some confusion on this whole matter earlier over the disposal of the cremated remains of John F. Kennedy Jr, his wife and his sister-in-law and many others. A little chat with a grief counsellor may be helpful, before you decide on scattering ashes over water-ways of any kind or burial of ashes in your backyard or anyone else’s. A decision made hastily in this situation may be regretted some years later.

Please Note:

If you have any questions for the canonist, please send an email to canonist1998@gmail.com 
and your question will be answered.
Friday After Ash Wednesday
March 7, 2014
Memorial of Sts. Perpetual and Felicity

The martyrdom of Saint Perpetua and Saint Felicity offers a very powerful example of the new world
created by the birth of Christianity.

Prayer:

Show gracious favour, O Lord, we pray, that we may have strength to accomplish with sincerity
the bodily observances we undertake.

Scripture Passage

Is not the fast that I choose: to loose the bonds of injustice, to undo the thongs of the
yoke, to let the oppressed go free, and to break every yoke? Is it not to share your bread
with the hungry, and bring the homeless poor into your house; when you see the naked,
to cover them, and not to hide yourself from your own kin? Then your light shall break forth
like the dawn, and your healing shall spring up quickly; your vindicator shall go before you,
the glory of the Lord shall be your rear guard. Then you shall call, and the Lord will answer;
you shall cry for help, and he will say, Here I am.

The Lord Hears the Cry of the Poor: http://www.youtube.com/watch?v=Ys7X2sRMkZg

Wednesday, March 5, 2014

Pope Francis' Ash Wednesday Homily

Here is a translation of the Pope’s homily from the celebration of the Eucharist today in the Basilica of Saint Sabina, with the rite of blessing and imposition of ashes.


"Rend your hearts and not your garments” (Joel 2:13).
With these penetrating words of the prophet Joel, the liturgy introduces us today into Lent, indicating the characteristic of this time of grace to be the conversion of heart. The prophetic appeal constitutes a challenge for us all, no one excluded, and reminds us that conversion is not reduced to exterior forms or vague resolutions, but it involves and transforms the whole of existence, from the center of the person, from the conscience. We are invited to undertake a journey in which, challenging routine, we force ourselves to open our eyes and ears, but especially our heart, to go beyond our “little vegetable garden.”
To Be Open to God and to Brothers. We live in an ever more artificial world, in a culture of “doing,” of the “useful,” where without noticing it we exclude God from our horizon. Lent calls us to “rouse ourselves,” to remind ourselves that we are creatures, that we are not God.
And we also risk closing ourselves to others, forgetting them. However, only when the difficulties and the sufferings of our brothers draw us in, only then can we begin our journey of conversion toward Easter. It is a journey that includes the cross and renunciation. Today’s Gospel points out the elements of this spiritual journey: prayer, fasting and almsgiving (cf. Matthew 6:1-6.16-18). All three entail the necessity not to allow oneself to be dominated by things that appear: what counts is not appearance; the value of life does not depend on the approval of others or on success, but on what we have within.
The first element is prayer. Prayer is the strength of a Christian and of every believing person. In the weakness and fragility of our life, we can turn to God with the confidence of children and enter into communion with Him. In face of so many wounds that do us harm and that could harden our heart, we are called to plunge ourselves into the sea of prayer, which is the sea of the boundless love of God, to relish His tenderness. Lent is a time of prayer, of a more intense, more assiduous prayer, more able to take charge of the needs of brothers, to intercede before God for so many situations of poverty and suffering.
The second qualifying element of the Lenten journey is fasting. We must pay attention not to practice a formal fasting, which in truth “satiates” us because it makes us feel good. Fasting makes sense if it truly breaks our security, and also if it obtains a benefit for others, if it helps us to cultivate the style of the Good Samaritan, who bends over his brother in difficulty and takes care of him. Fasting entails the choice of a sober life, which does not waste, which does not “discard.” Fasting helps us to train the heart to the essential and to sharing. It is a sign of awareness and of responsibility in face of injustices, abuse of power, especially in dealings with the poor and little ones, and is a sign of the trust that we place in God and in His providence.
The third element is almsgiving: it indicates gratuitousness, because alms are given to someone from whom we do not expect to receive anything in return. Gratuitousness must be one of the characteristics of a Christian, who, aware of having received everything freely from God, namely, without any merit, learns to give to others gratuitously. Today gratuity often is not part of daily life, where everything is sold and bought. Everything is calculated and measured. Alms help us to live the gratuity of gift, which is freedom from the obsession of possession, from fear of losing what one has, from the sadness of the one who does not want to share with the other his own wellbeing.
With its invitations to conversion, Lent comes providentially to awaken us, to shake us from torpor, from the risk of going forward out of inertia. The exhortation that the Lord addresses to us through the prophet Joel is strong and clear: “return to me with all your heart” (Joel 2:12). Why do we have to return to God? Because there are things that are not well in us, in society, in the Church and we are in need of changing, of turning, of being converted! Once again Lent comes to address its prophetic appeal, to remind us that it is possible to realize something new in ourselves and around us, simply because God is faithful, He continues to be rich in goodness and mercy, and is always ready to forgive and start over again. With this filial trust, let us begin our journey!


Quote for March 6th

[Tenderness and mercy] are the heart of the Gospel. Otherwise, one doesn’t understand Jesus Christ, or the tenderness of the Father who sends Him to listen to us, to cure us, to save us.

- Pope Francis, interview with Il Corriere della Sera
March 5, 2014


Ash Wednesday, March  5, 2014

"Lent stimulates us to let the Word of God penetrate our life
and in this way to know the fundamental truth: who we are, where we come from,
where we must go, what path we must take in life..."

- Pope Emeritus Benedict XVI
.

The Season of Lent

Lent is the yearly celebration by the Church of its corporate conversion in Jesus Christ. During Lent, the liturgy prepares catechumens to celebrate the Paschal Mystery by the various stages of Christian initiation. It also prepares the faithful for Easter as they recall their baptism and do penance in preparation for the greatest feast of the year.

Lent has two main purposes It recalls or prepares for baptism, and emphasizes a spirit of penance. Through forty days of closer attention to God's word and of more fervent prayer, believers are prepared to celebrate the Paschal Mystery. Lenten instructions stress these baptismal and penitential themes.

During Lent, it is important to teach the social consequences of sin as well as the fact that the heart of the virtue of penance is hatred of sin as an offense against God.

The Church encourages penitential practices that are external and social, reflecting the circumstances of individuals and communities, as we pray and do penance for sinners.

(The above is taken form the Ordo: The Liturgical Calendar 2013/2014 published by the Canadian Conference of Catholic Bishops [CCCB] .

Ash Wednesday is a universal day of fast and abstinence from meat.

Miserere Mei Deus (Prayer for Mercy)
Click here to listen

Have mercy on me, God, in your kindness. In your compassion blot out my offense. O wash me more and more from my guilt and cleanse me from my sin. My offenses truly I know them; my sin is always before me. Against you, you alone, have I sinned; what is evil in your sight I have done. That you may be justified when you give sentence and be without reproach when you judge. O see, in guilt was I born, a sinner was I conceived. Indeed you love truth in the heart; then in the secret of my heart teach me wisdom. O purify me, then I shall be clean; O wash me, I shall be whiter than snow. Make me hear rejoicing and gladness, that the bones you have crushed may revive. From my sins turn away your face and blot out all my guilt. A pure heart create for me, O God, put a steadfast spirit within me. Do not cast me away from your presence, nor deprive me of your holy spirit. Give me again the joy of your help; with a spirit of fervor sustain me, that I may teach transgressors your ways and sinners may return to you. O rescue me, God, my helper, and my tongue shall ring out your goodness. O Lord, open my lips and my mouth shall declare your praise. For in sacrifice you take no delight, burnt offering from me you would refuse; my sacrifice, a contrite spirit. A humbled, contrite heart you will not spurn. In your goodness, show favor to Zion: rebuild the walls of Jerusalem. Then you will be pleased with lawful sacrifice, holocausts offered on your altar.