Limiting Diocesan Bishops’ Authority: Recent Decrees From Pope Francis

Q:  I would like to ask a question about diocesan bishops and episcopal authority, but I don’t know how to formulate it.  I hope you’ll bear patiently with me, there’s a confused jumble of ideas in my head!

These ideas mostly center around the many decrees (if that’s the right word) of Pope Francis regarding what bishops can and can’t do.  For example, they can’t allow the Old Mass in their dioceses without permission now; they can’t allow the establishment of new religious orders in their dioceses without permission now; they can object to Fiducia Supplicans, according to Cardinal Fernandez’s explanation, except that in another sentence he says they can’t because Pope Francis said so.  I am not a theologian … [but] to me this all seems random and inconsistent.  Excessively restrictive too, as if bishops are nothing but papal minions.

… Another idea I have floating in my brain concerns subsidiarity, and the 20th-century emphasis on allowing local parishes and dioceses to make many decisions for themselves, instead of mutely waiting for Rome to tell them how to do every single thing and even how to think….  For years we heard that centralized power in the Church was bad, in fact Pope John XXIII wanted to let the bishops at Vatican II tell him their opinions and what they wanted to do.  If “the spirit of the Council” is our Catholic “guiding light,” why does so much of what the Pope says and commands seem to restrict what bishops may want to do?

If I am confusing multiple separate issues in the asking of this “question” I would greatly appreciate your help in clarifying them….—Tamara Continue reading

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Fiducia Supplicans and the Magisterium

Q:  When reading news about Fiducia Supplicans, and then reading the declaration itself, I was struck by this statement it contains about the Church’s Magisterium:

Such theological reflection, based on the pastoral vision of Pope Francis, implies a real development from what has been said about blessings in the Magisterium and the official texts of the Church.

I always thought that the “Magisterium” was the body of Catholic faith as it has always been taught by the Church, and it can’t be changed.  Can it really be “developed,” as the text claims?

At first, I assumed that this was a theological question and not a matter for canon law.  Then I began to realize that at least it seems like Pope Francis and Cardinal Fernández [the Prefect of the Dicastery of the Doctrine of the Faith] may actually be violating the Magisterium by making a declaration contrary to it.  This sounds a lot like heresy….  That subsequently led me to read your post, “Can a Pope Commit Heresy?” which shows that canon law is possibly involved here.

… [T]he more I read and research and objectively try to understand what Fiducia Supplicans means, and what the Pope is doing by making this declaration, and what this implies for the Catholic Church, the more confused I get.  Is there a simpler way to make sense of this?  Can canon law help? —Paul Continue reading

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When Christmas Falls on a Monday: Holydays of Obligation, Part III

Q:  If a solemnity is a precept [i.e., a holyday of obligation] in my country and it falls on a Saturday or a Monday, is going to just one Mass enough to fulfill the precept?

For example, if a festivity is a precept in my country and it falls on a Saturday, if I go to Mass on Saturday, after 4 pm, do I need to go to Mass again the next day, on Sunday, to fulfill the precept of the Church? Or if the festivity falls on a Monday, does going to Mass on Sunday, after 4 pm, exempt me from going to Mass the following day, on Monday?

I have read defenders of different positions on the subject … [and] most of the authors have doctorates in Canon Law or Moral Theology.  This question … is far from being a question any canonist could answer…. –Fábio Continue reading

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Removing a Bishop From His Diocese: The Case of Bishop Strickland

Q: I don’t need to tell you, practically the whole Catholic world is looking at the removal of Bishop Strickland from [his diocese of] Tyler, [Texas,] and wondering what happened and why.  From the perspective of canon law, what did the Pope do procedurally?  Was it a valid action? … My Catholic friends and family are confused… —Mirella Continue reading

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Who Controls Ecclesiastical Property?

Q: I am hoping that you can resolve a debate we are having about the term “ecclesiastical property.”

Some Catholic friends and I were talking about how the US bishops tried to seize [the Catholic television station] EWTN from Mother Angelica [its foundress], and she told them, “I’ll blow it up first!”  One friend said the bishops had the right to intervene, because it’s a Catholic entity and so legally that makes it ecclesiastical property.

I myself disagreed, however, because bishops don’t have the right to take over Catholic institutions that they didn’t create and don’t control.  Otherwise, I think that bishops could seize profitable Catholic universities and hospitals and other institutions whenever they pleased….  Could you explain for us what “ecclesiastical property” is in canon law, and what power Catholic bishops have over it? –Elizabeth Continue reading

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