Unhappy about the letter of the Holy Father to the Argentine Bishops: a note on the question of communion for divorced and remarried

Father Giovanni

UNHAPPY ABOUT THE LETTER OF THE HOLY FATHER TO THE BISHOPS OF ARGENTINE: A NOTE ON THE ISSUE OF COMMUNION TO DIVORCED REMARRIED

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If the Pope wants to change the law - and has the power to do so - however, must set aside that unhappy letter, evidently written on impulse to the Argentine bishops. That, remains a private document, which shows the generous soul of the Pope, but lacks juridical prudence, so it is worthless, not for the content, which can be valid - it is in fact up to the Pope to decide -, but for the shape.

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Author John Cavalcoli OP

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Giovanni Cavalcoli, ON

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The fathers of’Patmos Island they have in mind, as priests and theologians, who Peter is in his role as Vicar of Christ the Good Shepherd, but also the Vicar of Christ, outside the exercise of his infallible ministry, can fall into error, how Peter fell there and how many of his Successors fell after him [cf. WHO], without detracting from the supreme authority of Peter, linked by dogma of faith to the mystery of the Church.

It is known that the Bishops of the Buenos Aires Region they asked the Pope about their "interpretation" oflove joy, from which it would appear that she grants Eucharistic Communion to the divorced and remarried. And the letter with which the Pope approved this "interpretation" is equally well known..

We must observe with regret that this granting of Communion to the divorced and remarried is not an interpretation, my a change of the law contained in love joy, which confirms the provisions of St. John Paul II in Family member company to n. 84, that is to say, the prohibition of communion for the divorced and married, excluding those who choose to live in a state of sexual continence.

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As I have already had the opportunity to explain publicly on several occasions on the island of Patmos and elsewhere, the Pope has, under the power of the keys, the right at its discretion to change the laws of the Church, although founded on divine right. Now the law of the exclusion of the divorced and remarried from Eucharistic Communion is one of these [see our previous articles from October 2015 in the archive of’Patmos Island, WHO , WHO , WHO].

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the Episcopal Conference of Argentina

The content of the Pope's letter it is therefore inherently in line with its jurisdictional power, however lacks legal form, whereby, if one doesn't happen healing formal, it is legally invalid, for the reason that I said and I repeat: The Pope's letter is not an interpretation, but a change in the law. While the love joy prohibits Communion with the aforementioned restriction, The letter admits.

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Until this happens healing, for now the rule of the Family member company, which is tacitly but validly confirmed in love joy. In fact, it is a common rule of legal exegesis that a legislator who returns to the matter dealt with and regulated by a previous legislator, unless explicitly introduced by the new legislator, he confirms the dictates of the law desired by the previous legislator.

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a group of members of the Episcopal Conference of Argentina

Now this is precisely what the Pope did in love joy for the simple fact of not having explicitly changed the disposition of St. John Paul II. So it has implicitly but validly confirmed. It follows that now as now the norm established by St. John Paul II and confirmed in love joy. However, it should be noted that the love joy contains, with respect to the Familiar Consortium, two novelties, which can act as a premise for a change in the law:

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– The admission that the divorced and remarried they can be in grace. Now, if one is in grace, It may receive Communion.

– The note 351, in which the Pope mentions "cases" in which the sacraments could be granted to the divorced and remarried.

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I observe however:

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collect and …

Ad 1m: an account is the premise from which a law can be derived and an account is the law itself. The premise alone is not true law. The legislator himself must draw the consequences. Only then will there be a true law. It can be said that the Pope did this in his letter. But our case presents the difficulty that these consequences they are contrary to a previous law.

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The legislator by itself, as I said, has the right to draw the said consequences, but he must clearly state that he has changed the previous law and not that "interpreted" it. Only in this case the new law is valid and binding.

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Ad 2m: a law must determine the cases in which it is to be applied or not applied, which is not done here, and cannot be stated in the conditional, as given here, ma all’imperative o all’indicative. For this he notes it 351 it has no legal value and does not at all abolish n. 84 from the Familiar Consortium.

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Conclusion

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… throw the balls, always has its risks.

If the Pope wants to change the law - and he has the right to do so - he must set aside that unfortunate letter, evidently written on impulse. That, remains a private document, which shows the generous soul of the Pope, but lacks juridical prudence, so it is worthless, not for the content, which can be valid - it is in fact up to the Pope to decide -, but for the shape.

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I therefore allow myself to suggest to the Holy Father to issue a new document, possibly in the form of Motu proprio, in which, giving up talking about "interpretation", that is a legal monster, say with unequivocal clarity and evangelical frankness that abolishes the law of St. John Paul II and grants Communion to the divorced and remarried in certain cases.

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It would not be the first time that the Church has changed its laws, but this must be done in due form, to show the face of divine mercy, as well as to reassure traditionalists and penalty takers, and also block the anomistic and treacherous attempts of the modernists and lax. There is a midpoint between the harshness of legalism and anarchist liberalism: legal prudence, which is justice and mercy.

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Varazze, 14 September 2016

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Text of the letter to the Argentine Bishops

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16 replies
  1. hector says:

    Rev. Fathers,
    once again your exemplary clarity is well deserved! We pray that many pastors will make it their own.
    Unfortunately I fear that the letter to the Argentine bishops, has already achieved its goal and not only on the media level. Kasper teaches.
    In this regard, Forte's confidence came back to mind, never denied ” If we speak explicitly… you don't know what they're up to… make sure there are conditions, I'll draw the conclusions then.. ”
    (http://www.zonalocale.it/2016/05/03/-nessuno-si-deve-sentire-escluso-dalla-chiesa-/20471?e=vasto ).
    At the end of October in Lund a’ another step on the Kasper agenda: we must fear the fall of another bulwark?

  2. father ariel
    Don Paolo from Genoa says:

    I find the last two different articles of the fathers of the island of Patmos illuminating: the essay explaining the book by A. Socci (p. Ariel), and this brief but decisive and illuminating on certain papal expressions(p. Giovanni).
    From both of these writings, for which I thank you deeply, I understand, and also acquired the tools to broadcast, that the pope, you respect, follow and obey, regardless of its human limitations and defects.
    You are doing an extraordinary job in spreading sound doctrine.
    Thank you!

  3. father ariel
    Ariel S. Levi di Gualdo says:

    Venerable Brother in the Sacred Priestly Order.

    While your comment was being posted, I read it; and I won't hide from you that it produced the effect on me “stabbed”.

    This is why I decided to comment it with a prayer request addressed to you: I've just turned years old 53, I too was born in August like Father Giovanni, he 9 and I the 19.

    Even if the Pauline thought remains in me "for me to live is Christ and to die is gain", I would like to ask you for prayers so that God may grant me long life; or at least a life long enough for me to be able to, in the Church and for the Church, do deserved justice also to the many priests who, Comets, they have come to ask God for the grace of death, for the reasons charitably enclosed beyond your lines.

    With devout priestly fraternity

    Ariel

  4. father ariel
    Don Mauro F. says:

    If I had the opportunity, I would personally take this article to the Holy Father at the house of St. March. They might perhaps have pity on a poor old priest of 84 years and let me in, if anything after Eugenio Scalfari, than having more than 90, has, by seniority, and maybe even more, right of way over me.
    Belated wishes, Dad, for yours 75 year old (9 August), and may God grant you many more years of valuable literary and publishing activity.
    I hope I've reached the end of the line, given the times they live, this is the grace that I ask of God every day: Now let your servant, Dominated, according to thy word in peace; …

  5. father ariel
    Don Angelo Rossit says:

    Rev.mo the father, I read Your writings and books since 2009, I therefore know the very high level of your veneration for the popes, to any pope, including of course the reigning pontiff, and reading your short comment, perhaps wrongly, I told myself: if the father prof. Giovanni Cavalcoli has come to complain “lack of prudence”, it means that the situation is quite serious, never irreparable, This no, but quite serious yes, it sure is.
    A sincere remembrance in prayer for you and Fr. Ariel.
    With deep devotion to you

    Angelo, presbyter

  6. father ariel
    Gianni Costanzo says:

    The pope does not assume the responsibility of contradicting a divine law and unloads this contradiction on the Argentine bishops …

  7. father ariel
    Giorgio Ghergon Mastropasqua says:

    It seems that this Hierarchy wants to shrug off any moral responsibility by charging it to the faithful who would thus have to take full responsibility for their own acts. It seems paradoxical to me, because it seems to take on the appearance of an inversion of roles between guides and guided, a powder’ as if from above they were saying to the couples in question “You really can't be continent? Think that a greater evil will emerge for the children than not having access to the Eucharist, and? If yes and you think so, You are welcome, stand in line for Communion..” That, in my opinion, it's like saying “your business, we wash our hands of it”. Of course, the huge risk is that in the end they will all be lined up with a thousand internal excuses, with various remorse but, theme, largely for the most part with that rampant pride of the usual “seen, we were right!” With yet another mortification for the Church and an avalanche of sacrilegious communions. Thanks to Father Giovanni who clarified the matter very well. I hope that from up there they are just as clear and that if this thing really passes, I hope not, that it is objectively a very prudent and truly rare permission for well-analyzed even rarer cases and not the usual spread of abuse without the slightest control by the usual wreckers.

  8. father ariel
    Don Stefano Bellobuono says:

    Once in his article (can't remember which, but I remember the sentence) father Ariel wrote that if the Church, as the Pope says, And “a field hospital”, in the emergency room of this hospital to rescue the injured, We us priests. And we priests, not a day goes by now, that you do not find yourself in the embarrassment of having to answer questions from the faithful who ask for clarifications on certain expressions of the Pope, like for example this one.
    I do not personally know the Dominican father Giovanni Cavalcoli, I have been reading him for years and have read several of his books, but something tells me that until a few decades ago, his, very refined and very attentive theologian which he is, it would never have occurred to him to invite the Pope to be cautious.
    So let's put it in these terms: how could today, a bishop, call back (for instance) one of his priests to express himself more prudently, if not running the serious risk of being answered that the first to speak sometimes a … nonsense, it is precisely the Pope in his extemporaneous expressions?

    • father ariel
      Drafting of the Island of Patmos says:

      Jesus Christ be praised!

      Reverend Presbyter.

      If it may be of interest to you, The article you refer to was published on 18 May 2015 and can open it by clicking WHO

      The Editorial Staff

    • father ariel
      Giovanni Cavalcoli, ON says:

      Dear Don Stefano,

      the Supreme Pontiff must always be listened to and obeyed in his doctrinal teachings, dogmatic and moral, as here he exercises his office of teacher of the faith that confirms the brethren (“strengthen your brethren“); on this point he enjoys the assistance of the Holy Spirit promised to him by Christ.

      Here he cannot be judged or corrected or reprimanded by anyone, nor in the name of Scripture, nor in the name of Tradition, and whoever does this is either a schismatic or a heretic or simply a fool.

      Instead, regarding the pastoral service (“trap oats meas“), that is, the jurisdictional and governing power of the Church and of souls, this power does not always necessarily reflect the Pope's faith, but it always reflects his moral conduct.

      On this level the Pope, however holy, remain like all of us fallible and sinner and therefore, as history abundantly demonstrates, can be subject to all seven capital sins.

      It might even end up in hell, as Dante suggests, who nevertheless had the utmost respect for the Pope as Vicar of Christ.

      What then is the duty of the good subject of the Pope? Accept his doctrinal teachings and put the moral guidelines into practice.

      But where the subject – from the layman to the Cardinal – ascertains defects in moral conduct or government, it is not forbidden to him in principle and indeed it can be very useful for the Pope and for the Church, following the example of the saints, for example Saint Bernard of Clairvaux, St. Francis of Assisi, St. Dominic of Guzman, Saint Catherine of Siena or Blessed Antonio Rosmini, as well as that of true reformers (not Luther's!), to expose, modestly, frankness and filial trust, of critical remarks, suggesting how to correct oneself regarding the defects of his moral conduct or his pastoral care or his way of expressing himself, helping him in his ministry, praising his merits and good qualities, defending him from enemies and slanderers and warning him against imposters, and from false friends and collaborators.

      I learned these things working in the Secretariat of State since 1982 al 1990. It is a true school that teaches how to collaborate with the Pope with loyalty and frankness, without flattery or secret or latent rebellion, leading by example and praying for him.

      • tomorrow says:

        For me it is not always easy to distinguish when the Pope speaks as a teacher of faith and morals and when, instead, he speaks as a private doctor or makes considerations that are solely related to pastoral care, above all because pastoral care is almost always linked to dogma. In my view, also different theologians, in making such distinctions, can come to different conclusions. Therefore, I would invite the Fathers of the Island of Patmos to group in a single article the links of the published articles that have already covered this topic, so that the discussion can restart from what has already been said and illustrated: this prevents readers from asking the same questions. Furthermore, it cannot be excluded that in the discussion already developed there may still be aspects to be further clarified. Obviously, readers who are interested will also have to, in turn, take the time to carefully reread the articles already published on this topic and the answers that have been given to other readers' questions. I add one last consideration: this blog lacks a section where some articles, even if old, can be highlighted.

        • father ariel
          Drafting of the Island of Patmos says:

          Dear Reader.

          You are right. Indeed, before the end of the current year, we already plan to “restoration” the site it hosts The Island of Patmos.

  9. father ariel
    Antonio Maria Colasanti says:

    Dad, but at the Holy See, people like you of the island of Patmos, who collaborate with the Pope, there aren't any more? If I'm not mistaken, once, of papal texts, even commas and sighs were examined and weighed …
    Thank you for your frank clarification.

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