Sessio and Missio

I believe I have to some extent identified a characteristic that is fairly widespread in Continuing Anglicanism, and which seems to be at the root of many conflicts and contestations of power, especially between bishops. There is another aspect, which I will discuss later, which is the notion of the fewness of the saved and the idea that the priesthood should also concern only the few.

The heart of this matter is the concept of ecclesiastical jurisdiction and the mission. It is based on the saying of St Paul (Rom 10): And how shall they preach, except they be sent? The Apostles were sent on their mission by Christ. Christ was sent by the Father. We priests are sent by our Bishop. This is a fundamental notion of the Church, and none of us acts by our own authority.

During my years in the Roman Catholic traditionalist world, I came across various attempts to formulate a theological explanation for the ‘crisis’ in the Catholic Church, namely (as those people perceived it) the ‘heresies’ of ecumenism, religious freedom and the liturgical rites promulgated by Paul VI. One very colourful thesis was by a Dominican priest of the old Roman school, Fr Michel Guérard des Lauriers, who briefly taught theology at the SSPX seminary at Ecône, Switzerland. Fr Guérard des Lauriers was a theologian in the tradition of Cajetan, a commentator of St. Thomas Aquinas in the fifteenth and sixteenth centuries. His main idea in what came to be known as the Cassiciacum Thesis, named after the review in which it was published, Cahiers de Cassiciacum. The idea was one that had been developed by St Robert Bellarmine. Taking it further, Guérard des Lauriers deduced that Popes John XXIII and Paul VI were Popes materially, but not formally.

The notions of matter and form are a part of Aristotelian metaphysics – hylomorphism, taken from the Greek words hylé and morphé, respectively meaning matter and form: everything has matter and form. The matter of a chair is wood, and its form is what differentiates it as a chair from a table or a window frame. If matter can be separated from form, which I doubt, and if there is anything in Guérard des Lauriers’ theory, the Pope would have the outside appearance of being a Pope (elected by Conclave, sitting [sessio] on the Throne of St Peter, etc.) but deprived of the authority (missio) received from Christ to govern, teach, and sanctify the Church. As the theory goes, if the papa materialiter recanted his ‘heresies’, he would then become formally Pope as well as materially.

This might seem to be gobbledegook to most of us, and I detest this kind of theology! But it is an effort to explain a situation in which the Pope is believed to be infallible but this particular Pope is believed not to be infallible. What is interesting is the distinction made between sessio and missio, namely that a legitimate priestly ministry may be possible in certain circumstances without having or being under the jurisdiction of a diocesan Ordinary and the authority of the Pope. If the Pope and the bishops are in heresy, then it is legitimate to defy their authority and yet have a legitimate ministry by virtue of the canonical principle of epikeia (the law is interpreted according to the intention of the Legislator – salus animarum seprema lex, the salvation of souls is the supreme law).

Now, some people in the traditionalist world of the 1970’s and 1980’s simply denied any legitimacy of the Pope and either established their own sedevacantist communities with their own bishops, or even adopted the so-called conclavist position. In the logic of this extreme deduction through a partial interpretation of facts, a Church without legitimate authority and the magisterium is intolerable. It is a vicious circle, for there is no way authority can be restored, except by means of electing a Pope. The solution was to have a “conclave” in order for the alleged virtual handful of traditionalist Bishops to elect one of their own as a legitimate Roman Catholic Pope. As things happened, very few sedevacantist bishops were remotely interested in something that, in their view, would not produce a legitimate Pope. Finally, some of the laity made attempts at such a “conclave” and elected a person to be proclaimed as Pope. Three examples are reasonably well-known, a Michael I living in Kansas USA and followed by his family and a few faithful via the Internet and Pius XIII, a former Franciscan priest, now deceased. The third is probably a hoax, called Alejandro Tomas Greico, who took the name of Alexander IX.

As conclavism was discredited by these and other more questionable individuals, attention began to be turned to finding Catholic bishops who were never “compromised” by participation in Vatican II. Some compassed sea and earth to find bishops in Africa, Communist China, the Eastern European countries, Russia and elsewhere. One community of priests in America finds bishops to ordain its seminarians. The men are ordained illicitly but receive a priesthood of unquestionable validity. In the absence of legitimate jurisdiction and Christ’s mission through the Church, through the normal channels, these people sought the most creative solutions.

I have discovered that the same instinct exists in Continuing Anglicanism. It begins with the notion put forth by the Affirmation of St Louis:

The Dissolution of Anglican and Episcopal Church Structure

We affirm that the Anglican Church of Canada and the Protestant Episcopal Church in the United States of America, by their unlawful attempts to alter Faith, Order and Morality (especially in their General Synod of 1975 and General Convention of 1976), have departed from Christ’s One, Holy, Catholic and Apostolic Church.

The Need to Continue Order in the Church

We affirm that all former ecclesiastical governments, being fundamentally impaired by the schismatic acts of lawless Councils, are of no effect among us, and that we must now reorder such godly discipline as we strengthen us in the continuation of our common life and witness.

The Invalidity of Schismatic Authority

We affirm that the claim of any such schismatic person or body to act against any Church member, clerical or lay, for his witness to the whole Faith is with no authority of Christ’s true Church, and any such inhibition, deposition or discipline is without effect and is absolutely null and void.

The absence of authority in the mainstream Anglican Communion we left compels us to “reinvent” the Anglican Communion. That is the heart of Continuing Anglicanism – Anglican sedevacantism. It is not in the nature of Anglicanism to seek to elect a Pope, but it is to elect Bishops claiming the ordinary jurisdiction (sessio) as the bishops they claimed to replace.

As bishops of different Continuing Churches compete in their claims for ordinary territorial jurisdiction, there is the root of “alphabet soup” conflicts.

That is my diagnosis. My recommendation is simple, redefining the notion of episcopal jurisdiction as service to the faithful and the clergy as the particular church manifests itself in reality. This colludes with my reflections on independent sacramental churches.

I’ll leave off here and address matters as brought up by comments.

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Halloween

Of course the old Saxon word means Hallow Even, the Eve of All Hallows, the Vigil of All Saints. The Germans still say Heilig for holy or saint. But we must not forget that All Hallows and All Souls have been planted on the ground of the old pagan feast of death. Many people in this country who are not practising Catholics will still visit the cemeteries and honour the departed. Cremation is still relatively rare here, though bodies are typically buried for thirty years before either the concession is renewed or the remains are put into the charnel house of the cemetery.

Here in France, some of the customs have been imported from England and America, and children dress up as witches, zombies, Dracula, Frankenstein and every other macabre figure. Though many of us might not admit it, we are all drawn to the “dark side”, the macabre and the image of death.

Usually, nowadays, it is the taste for horror films, stories of serial killers and their execution on the gallows or the electric chair. From the dawn of history, humanity is preoccupied with death and the macabre. The image above is a vision of hell on earth – murder, executions and torture, atrocities, disease and horror.

Too much of an obsession with the “dark side” can be a sign of mental illness, but more moderately, it is natural. It is also a catechetical way to remind people that death and evil exist, and that these realities have to be accepted and enlightened by the order of divine grace as light dissipates darkness. There is also the eschatological theme in the liturgy as we approach Advent. Here in the northern hemisphere, the days are growing short and the cold gains over the last remnants of the summer. Man in the middle ages allowed himself to have fun as he purged away sin and darkness, a different spirit from that of the reformer and those who harp on about the decline of faith and morals.

Surely the feasts of All Saints and All Souls enable us to sanctify the old pagan feast, and forms yet another example of going gently with people when imposing Monotheistic orthodoxy. Christianity has always been a balance between the old feasts of fertility, life and death and their full realisation in Christ.

A little tolerance goes an awfully long way.

So watch out for the fangs that go “munch” in the night!

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Sinking of the Bounty

Here is a picture I found in the Daily Telegraph site.

Even knowing that nearly all the people aboard were rescued, this death of a ship is indeed a sad sight to behold.

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The TAC Bishops and Outside Scrutiny

The Roman Catholic lawyer Mourad has just sent another comment to Fr Smuts blog in response to Fr Robert, the “Irish Anglican”.

I have esteemed this lawyer’s input for some time. It deserves our attention. It shows a distinction that many overlook between legal procedure and mob rule. In the USA, until about the beginning of the twentieth century, a village community could get away with lynching a person who committed a heinous crime. They would just take the man out and hang him from a tree. That might seem to be justice for a man who has raped and killed a child, for example.

Even the legitimate law and its application are not infallible, from the police, the public prosecutor, the defence lawyer to the judge and jury, and so forth. Innocent men have been condemned and executed by miscarriages of justice, but law is more likely to weigh evidence and look at both sides of the affair to render a fair judgement than a crowd hanging a man in anger. That is the point of law. You are more likely to get justice with the application of law than by mob rule. In order for that to happen, there are strict rules to follow to ensure fairness and impartiality.

One way to ensure that we believe that there has been such fairness and impartiality is to publish the entire proceedings as recorded or stenographed.

This is the point of my own criticism of the tribunal set up by the bishops of the regrouped TAC to judge Archbishop Hepworth. It may be argued that the former Primate is guilty of having engaged actions that destroyed the TAC and offered an alternative between entering (or reconciling with) the Roman Catholic Church or going bust in ecclesial terms (paraphrasing what they might actually have said). It may appear that some of us (myself included) were expendable, and I would have cause to be as bitter and vengeful as others.

The point is that this was not a lynching, and nor was it a legal procedure that can be recognised by any other than the closed circle of the TAC bishops. Perhaps, they conducted an inquisitorial trial and dispensed with the rules of evidence and public accountability. One element is missing – they are not the Roman Catholic Church with standing in the world, but rather are being seen increasingly as an independent sacramental church among hundreds of others, competing for credibility and being discredited when someone does something wrong elsewhere. It’s tough! Existence is precarious for us all.

Fr Smuts took note of my posting Bishop Botterill on the TAC Tribunal of yesterday in Still More on Archbishop John Hepworth. He contented himself by saying that the official line was that Archbishop Hepworth was “guilty as charged” under section 10 of the Concordat. Fr Smuts has been prattling on about the former Primate being caught with his fingers in the till – but section 10 of the Concordat and Bishop Botterill’s letter (published with his permission) don’t talk about money. Yet it still isn’t good enough. We don’t have the exact text of the charges as put before the three judges or documentation about the deliberations, the weighing of evidence and a reasoned conclusion.

Perhaps it was intended to be secret and they were wearing Klu Klux Klan hoods or Monty Python flying goggles and red robes as they burst into a room crying “Nobody expects the Spanish Inquisition”! We live in a critical and cynical world, and insofar as our churches are public and have a public reputation to maintain, we are accountable to our members and clients. If we engage legal procedures, they cannot be both secret and credible. A choice has to be made.

Those bishops appointed a tribunal which was presided over by a bishop who is also a Queen’s Counsel in Canada, therefore a lawyer. This tribunal’s acts will be scrutinised by the outside world, at least by the few who care about the TAC and marginal churches of Anglican tradition. They presumed to judge their former Primate, the one they elected for that responsibility, so this was a weighty and important matter. So we on the outside are scrutinising this action, and find that it is not adequate or complete to command our credence.

I am not defending my former Archbishop or saying that he was entirely blameless for what happened. Perhaps I would be more understanding had the bishops decided to get on a plane to Australia and hang the Archbishop from a tree! I am brought to think of Oscar Wilde’s Ballad of Reading Gaol:

Yet each man kills the thing he loves
By each let this be heard,
Some do it with a bitter look,
Some with a flattering word,
The coward does it with a kiss,
The brave man with a sword!

I can only repeat that as far as I concerned, if the former Primate is guilty of acting in a way that destroyed the TAC and caused Christians to lose their faith or membership of a Christian community, that guilt is shared by the very men who elected him and allowed him to remain in situ for so long.

The image that comes into my mind is one of a person humping heavy baggage in an airport or living with a ball and chain shackled to his leg like in the old penal colonies. The self-justifier has to live with the curse of the past and shared responsibility. I have discussed this before. In 1945, every man, woman and child in Germany had to live with the guilt of Hitler and the Nazis for the war and the Holocaust. Only in time did the world forgive the German nation as it embraced democracy and repented of its past. People can be in “communion of sin” as in prayer and holiness. I am convinced that all the TAC bishops, except for those who have been received into the Roman Catholic Church share the guilt of not taking responsibility from November 2009, as soon as the Apostolic Constitution appeared.

Where is the repentance of the TAC bishops?

Now, until those bishops can come up with a reason for us to believe in their total innocence and the complete guilt of their scapegoat, I will not be satisfied with anything less than procedural rigour and transparency in this purported application of law.

* * *

Update: Fr Smuts has just had kittens! About 70 years ago, other people in authority in some countries were telling their subjects not to question their orders. Yet, an international legal authority ruled that they still had moral responsibility.

In It’s a Sad Day…, Fr Smuts accuses me of dividing the Church and being a bad Christian witness. Now I have already heard about secrecy, unaccountability and putting appearances of Church unity over justice.

Now until this thing becomes transparent, I assume it to be unjust, and I protest. I don’t doubt others are doing so too. If Archbishop Hepworth is a bad man, so are those who elected him and kept him in place for so long. They are stuck with the stigma, at least as far as I’m concerned. There is blame all round.

All the bishops have to do is publish the text of the canonical charges and their reasoned conclusions in the terms of the laws infringed.

It’s time there was an Ordinariate in South Africa! 🙂

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Ecclesiastical Courts

I thought I ought to do a brief article about this subject. I have no pretences at being an expert in canon law, but I am not entirely ignorant of the subject, having studied it for three years as part of my theology at Fribourg University.

Here is a good all-round article on ecclesiastical courts. It covers both penal and contentious matters, and also questions like the validity of the Sacraments and marriage nullities. See also Inquisitorial System. Here is a glossary of terms by the Congregation for the Doctrine of the Faith.

The procedure is described here:

Canonical Trials

Canonical proceedings are inquisitional rather than adversarial, adjudicated by a presiding judge and two collegiate judges. Criminal allegations contested by the accused are conducted according to the Code of Canon Law. (1983 CODE c. 1501-1670; c. 1717-1731; and c. 1732-1739.) According to DiNardo, a prosecutor – called the Promoter of Justice – presents evidence that has been gathered by an Auditor through witnesses, documents, or other means. The accused is represented by an Advocate, who possesses at least a licentiate in canon law. Most U.S. constitutional rights, including the right to remain silent, do not apply. “The court has some power over witnesses within the community of the faithful,” Lena says. “While the Bishop cannot compel testimony, witnesses can feel a strong sense of duty or obedience to testify.” Rules of evidence in federal and state civil or criminal proceedings also do not apply. “Though evidentiary privileges exist, there are no rules of exclusion, such as a hearsay rule,” Lena says. “Hearsay goes to the weight of the evidence rather than to admissibility.” At the discretion of the presiding judge, witnesses may or may not be represented by a “consulting attorney,” who also must be a canon lawyer. “The instructing judge commonly denies witness requests for representation,” says Thomas P. Doyle, a canon lawyer for 26 years who lives in Maine and has represented chief complaining witnesses in ten canonical trials. “The atmosphere is intimidating, and the language of the court is confusing. There’s very little sensitivity to what the witness is going through. At one trial in Pennsylvania, I could tell the witness was having a severe emotional reaction talking about his sexual abuse. He went outside the hearing room and vomited all over, and I told the court, ‘There’s your testimony.’ ” At the outset of the trial, according to Doyle, all participants – judges, advocates, witnesses, and the accused – are obliged to sign an oath of “pontifical secret.” The penalty for breaking that oath could be excommunication. “I advise witnesses to refuse to sign,” Doyle says. “Despite the pressure, the canonical court cannot refuse to hear testimony from a witness who refuses.” A Notary for the diocese then sees that trial documents are appropriately signed and sealed. In a canonical court the standard for determining guilt is “moral certitude,” defined by DiNardo as “a practical judgment on the part of the judge based on the available proofs, considered as a whole and not a collection of isolated factors.” According to the Q&A on canonical trials by the U.S. Conference of Catholic Bishops, penalties upon conviction range from suspension from priestly duties to “a life of prayer and penance” or dismissal, referred to as a “dispensation from the obligations of the clerical state.” The priest is no longer counted as a cleric, but remains within the Church in a different legal status. “I’ve never seen damages awarded to a victim” of clergy sexual abuse, Doyle says. Both the verdict and any imposed penalty may be appealed to the CDF in Rome. Appeals may take years, and a decision of the supreme tribunal is final. Doyle estimates that 200 to 300 canonical trials are in progress around the United States, though most of those involve marriage annulments.

It’s not a good idea to be involved in a canonical trial, since the procedure can be secret and the rules of evidence in civil law do not apply. Accountability? One would certainly hope that Anglican ecclesiastical courts would be a little more enlightened than something that clearly does not have its place in the modern world! Erastianism and French laïcité seem not to be such bad things!

In the case of Archbishop Hepworth, most of us would not recognise the credibility of a procedure that reveals neither the exact charges in opposition to the canons in question (referring to the 1983 Roman code of canon law if the TAC does not have its own code of law – I have not seen one except the Concordat and the various books of canons of some local Churches [for example] – and the Concordat is too vague and general) and reasoned conclusions.

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Mayhem in the US

I’ve just been looking at the grim news as Hurricane Sandy slammed into the New Jersey coast and combined with weather systems from Canada and northern USA to make a super storm. Millions are without electricity and the damage is enormous. Lives have been lost.

All we can do is pray and thank the brave men and women engaged in rescue and shelter work.

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Bishop Botterill on the TAC Tribunal

Some of us seriously question the tribunal recently conducted in India by some of the present hierarchy of the TAC. In the blogs, there are essentially two voices still discussing the question, that of Fr Smuts in Hepworth Redux and Deborah Gyapong in The signing of the Catechism of the Catholic Church and By their fruits ye shall know them . . ..

I kept out of the whole thing knowing that there are two clashing interests – one of rebuilding the remains of the TAC on the basis of its strongest elements in South Africa and India, and maintaining the influx into the pro-ordinariate and ordinariate communities in Canada, the USA, Australia and the UK. The former has chosen to scapegoat Archbishop Hepworth, as this seems to be the way of justifying a refusal of the Anglicanorum coetibus movement and attempting to restore the pre-2007 status quo.

I personally do not identify with either side of this dispute, and seriously question the procedure of the trial held against Archbishop Hepworth.

This is a very long posting, so I will put in an insert more tag.

Continue reading

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Hurricane Sandy

Latest Hurricane Sandy's Satellite Photos and Videos (Updating Live)

It was just yesterday that I became aware of Hurricane Sandy, a continent-sized storm turning towards New York and the north-eastern states, and perhaps parts of the Canadian coast. It makes my discussion of European autumn and winter weather almost obscene!

Boating has made me take an interest in meteorology, to learn to read clouds and conditions as can be observed. As much as possible, I’m out of the water when the weather gets rough! We all get anxious when extreme weather becomes increasingly frequent. Is it us with our machines and our pollution? Is it the cycles of the sun and us humans doing no good? I too saw the film The Day After Tomorrow. The theme is the melting of the ice caps causing the Gulf Stream to stop and the new ice age. Can you imagine the entire human race having to move to the Equator? If something like that happens, most of us will die from cold and hunger. However, most of what I have read maintains that such an event would not happen in that short time frame.

All the same, we depend on our planet and its climate. It’s possible that Mars was once like earth, whether or not it had life on it, and then something happened to the planet’s magnetism and all the water evaporated out of the atmosphere. Could Mars be a reflection of Earth in the future? It certainly should teach us humility, because we can live only within a fairly narrow range of temperatures and we need so much water and food.

We can but pray, that the storm will turn eastwards out to sea (but we Europeans don’t want it here!!!), or that as many people as possible can be protected and saved. If you live in those areas, please be assured of our prayers.

Update – events at sea:

A replica of the HMS Bounty built for the famous 1962 film Mutiny on the Bounty has been abandoned off the North Carolina coast. 14 out of 17 persons on board have been saved and 3 are still missing. The ship has sunk.

Here is a modern cruise ship struggling in the heavy seas of Hurricane Sandy. The Captain is doing exactly the right thing, taking the waves at about 45 degrees to avoid the risk of capsizing, but the roll is terrifying. Please, no jokes about seasickness!

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An Elegy of the Sea

As we lay up our boats for the winter, we had our end-of-season board meeting of the sailing club. We made our resolutions for next year, in particular having repairs done to the winch and the addition of a light winch for catamarans and dinghies reserved to the club. It’s quite hard to haul a boat up the ramp by hand, and mine is a very light vessel, a little heavier now with its wooden mast, gaff and boom. We discussed getting the boat licence for those who didn’t yet have it – coastal and then offshore. It’s essential for each of us to have the capability of going on a rescue mission with the club’s Zodiac. Of course, some rescues have to be left to the professionals, but I’d be willing to risk my neck to save a life – within reason. I have already done so! The expression – Worse things happen at sea! – is so true… Also, some of us would like to graduate from dinghies and really go to sea! These are good folk. Some of us who go sailing for pleasure, and others go fishing in motor boats, and others are just lovers of the sea.

Just after the meeting, the heavy wooden beams were slotted into their housings in front of the downstairs clubhouse doors facing the sea. That should resist the winter maelstrom and waves of the sea, and the onslaught of shingle from the beach.

On getting home this afternoon, I made the door of our new garden shed, and it still needs varnishing. Otherwise it’ll be rotten before you can say Jack Robinson! The weather here in Normandy is like the south of England – wind and rain – and plenty of it! Then I made a nice cup of tea and looked at my e-mail and web sites. I was moved to find “O dark dark dark. They all go into the dark…” written by Fr Michael Gollop, an Anglican priest in Wales who has a holiday home over in the Vendée, near where I used to live. He was kind enough to link to my previous posting about laying up the boat.

Isn’t it amazing, how we try to keep the sailing season going as long as possible! The dinghies have to be laid up now, unless the more intrepid of us find a day to attempt a river cruise. Eventually, the yachts too have to be laid up for the winter. Fr Gollop quotes a lovely essay by Sir Arthur Quiller-Couch called ‘Laying up the Boat’. So true!

Who knows what next year will bring. This year, the weather was fair enough for a sail before the end of February! The water was cold, but I had my full wetsuit on. That is rare. A la volonté de Dieu!

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Saints Simon and Jude

Today is the feast of the holy Apostles Simon and Jude. Here is something Pope Benedict XVI said on them in October 2006. In the Sarum calendar, this feast is celebrated as an Inferior Double like the other Apostles, and has a higher priority than the twenty-first Sunday after Trinity, which is simply commemorated.

Needless to say, the feast of Christ the King in the Roman rite was instituted only in 1925 by Pius XI and celebrated on the last Sunday of October. In the rite of Paul VI, it takes the place of our Sunday next before Advent. One can understand this happening in the 1920’s in the midst of the various emerging totalitarian regimes in Europe, especially Hitler and Mussolini. Paul VI obviously wanted to emphasise the eschatological dimension of this feast rather than relativise the fascination the Dictators had once held over their people in Germany and Italy. This was made possible by the system of per annum Sundays, and in this way Christ the King would not eclipse the first Excita Sunday (which is not in use in the 1969 rite), so-called because of the first word of the Collect.

The notion of a Kingship of Christ is badly understood by some, thinking it confers political power on the hierarchy of the Church, and should therefore bind Church and State in a Throne and Altar alliance. Before Pilate, Christ had said that his kingdom was not of this world. It is an eschatological notion, symbolised by the Christ Pantakrator icon in the apses of medieval western and Byzantine churches.

In my opinion, this notion is adequately re-presented in the feast of Christ’s Epiphany and in the final Sundays after Trinity leading into Advent. As I follow the Sarum calendar, I do not celebrate the feast of Christ the King, or the Sacred Heart for that matter.

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