NOTE TO USERS This reproduction is the best copy available. UMI" nm u Ottawa L'Universitd canadienne Canada's university FACULTE DES ETUDES SUPERIEURES Isttl FACULTY OF GRADUATE AND ET POSTOCTORALES U Ottawa POSDOCTORAL STUDIES L'UniversiuS canadienne Canada's university Robert Ryan AUTEUR DE LA THESE / AUTHOR OF THESIS Ph.D. (Canon Law) GRADE / DEGREE Facultyof Canon Law >ACUTirECOLTDlPA^^^ The 2004 Instruction Redemptionis Sacramentum on Abuses in the Celebration of the Eucharist Background, Analysis, Reception and Interpretation TITRE DE LA THESE / TITLE OF THESIS Dr. John Huels DIRECTEUR (DIRECTRICE) DE LA THESE / THESIS SUPERVISOR EXAMINATEURS (EXAMINATRICES) DE LA THESE / THESIS EXAMINERS Wojciech Kowal _ FrancisMorrisey Kevin McKenna _ _Lynda Robitajlle Gary W. Slater Le Doyen de la Faculte des etudes superieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoral Studies THE 2004 INSTRUCTION REDEMPTIONS SACRAMENTUM ON ABUSES IN THE CELEBRATION OF THE EUCHARIST: BACKGROUND, ANALYSIS, RECEPTION AND INTERPRETATION by Robert J. RYAN A dissertation submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law Ottawa, Canada Saint Paul University 2009 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A 0N4 OttawaONK1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-60315-4 Our file Notre reference ISBN: 978-0-494-60315-4 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformement a la loi canadienne sur la Privacy Act some supporting forms protection de la vie privee, quelques may have been removed from this formulaires secondaires ont ete enleves de thesis. cette these. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. 1+1 Canada © Robert J. Ryan, Ottawa, Canada, 2009 Abstract This work examines an Instruction on the Eucharist, Redemptionis Sacramentum, published by the Vatican's Congregation for Divine Worship and the Discipline of the Sacraments in 2004. This Instruction was mandated by Pope John Paul II in his 2003 encyclical letter on the Eucharist, Ecclesia de Eucharistia. In the first chapter, "The Remote History of the Instruction," the thesis considers how, from the time of the early Church, concern for the proper celebration of the Eucharist as well as the elimination of abuses in its celebration have been a characteristic of the Church's life and the object of legislation and supervision at various levels: the Apostolic See, Ecumenical Councils, local bishops and synods, and even those in political authority. Over time, this wide- ranging juridical authority over the liturgy narrowed considerably. The thesis examines the factors that gave rise to increasing centralization in the Apostolic See of authority over the liturgy, most notably in the centuries between the Council of Trent (1547-1563) and the Second Vatican Council (1962-1965). The latter Council restored to the bishops some measure of authority over the liturgy, but the Apostolic See retains ultimate control over the publication of the Latin liturgical books and the approval of their vernacular translations. The second chapter, "The Proximate History of the Instruction," examines key theological, canonical, and pastoral issues on matters related to the Eucharist that were of particular concern to the Apostolic See during the period from the promulgation of a new Roman Missal in 1970 to Redemptionis Sacramentum in 2004. Among these were certain liturgical abuses occurring in various places which the Apostolic See sought to eradicate by its instructions and by promoting liturgical education and greater vigilance over the liturgy by local bishops. The third chapter, "The Instruction Itself," first reviews doctrinal matters treated by Pope John Paul II in Ecclesia de Eucharistia that are foundational for understanding many of the disciplinary directives of Redemptionis Sacramentum. The latter text is then examined and analysed in depth, both on the matters of concern in earlier documents of the Apostolic See as well as the new discipline and novel features of this Instruction. The final chapter, "Reception, Canonical Issues, Remedies," considers the reception of the Instruction in canonical scholarship and in the local churches as represented by statements and policies of various conferences of bishops and individual bishops. The author also examines the document from a technical-juridical perspective, in particular, the question of whether the text exceeds in some places the limits of instructions as they are defined in canon law. The thesis concludes with some suggestions, or remedies, to eliminate or at least reduce the incidence of the abuses proscribed by this Instruction. TABLE OF CONTENTS INTRODUCTION 1 1 — THE REMOTE HISTORY OF THE INSTRUCTION 9 1.1 — The Early Church 9 1.2 — The Middle Ages 17 1.3 — From Trent to Vatican II 30 1.3.1 — The Juridical Authority of the Congregation of Sacred Rites . 48 1.3.2 — The Obligatory Nature of the Rubrics of the Roman Missal ..51 1.3.3 — Reforms Leading to the Second Vatican Council 53 1.4 — Vatican II 57 1.5 — Implementation of the Constitution 66 1.6 — Preparation for the new Roman Missal 78 1.7 — Summary 81 2 — THE PROXIMATE HISTORY OF THE INSTRUCTION 82 2.1 — A New Roman Missal 83 2.2 — Doctrinal Concerns 88 2.3 — Clarifying Roles: Priesthood and Laity 99 2.4 — Preserving the Heart of the Eucharist: The Eucharistic Prayer 112 2.5 — Holy Communion 123 2.5.1 — Communion under Both Kinds 123 2.5.2 — Communion in the Hand 126 2.5.3 — Extraordinary Ministers of Communion 128 2.5.4 — Sacramental Sharing 132 2.5.5 — Special Cases 136 2.5.6 — The Proper Disposition 141 2.5.7 — Posture and Vessels 144 2.6 —Worship of the Eucharist outside Mass 146 2.7 — The Moderation of the Liturgy 155 2.7.1 — Moderation of the Liturgy in the 1983 Code 155 2.7.2 — Vigilance over the Liturgy by the Apostolic See 157 2.8 — Summary 170 3 — THE INSTRUCTION ITSELF 173 3.1 — The Encyclical Letter Ecclesia de Eucharistia 174 3.2 — Preparation of the Instruction 181 3.3 — The Preamble of the Instruction 186 3.4 — Matters Revisited 189 i 3.4.1 — Theological Concerns 190 3.4.2 — Differentiation of Roles 196 3.4.3 — The Eucharistic Prayer 209 3.4.4 _ The Communion Rite 213 3.4.5 — Worship of the Eucharist outside Mass 228 3.4.6 — Responsibility for the Moderation of the Liturgy 233 3.5 — Identifying and Reporting Abuses 241 3.5.1 — Graviora delicta 243 3.5.2 — Grave Matters 243 3.5.3 — Other Abuses 246 3.5.4 — Those Responsible for the Correction of Abuses . 246 3.5.5 — Reporting Abuses 248 3.6 — Summary 249 4 — RECEPTION, CANONICAL ISSUES, REMEDIES 251 4.1 — Reception of the Instruction 252 4.1.1 — The Canonical Doctrine of Reception 253 4.1.2 — The Reception of the Conciliar Liturgical Renewal 257 4.1.3 — The Reception of Redemptionis Sacramentum 267 4.2 — Canonical Problems with the Instruction 281 4.2.1 — The Juridical Nature of Instructions ( c. 34) 281 4.2.2 — Specific Canonical Observations 293 4.3 — Proposed Remedies to Abuses in the Celebration of the Eucharist .... 304 4.3.1 — Formation of Future Priests 305 4.3.2 — Ongoing Formation of Clergy and Other Liturgical Ministers 313 4.3.3 — Identification of Abuses in the Celebration of the Mass 316 4.4 — Summary 319 CONCLUSION 321 BIBLIOGRAPHY 328 n Acknowledgements I would like to take this opportunity to express my heartfelt thanks to all who have assisted me in completing this project. Firstly, my gratitude is due to my ecclesiastical superiors, beginning with my Ordinary, the Most Rev. Martin Currie, Archbishop of St. John's, as also his predecessors, Archbishops Brendan O'Brien, James Macdonald and Alphonsus Penney, for their support and encouragement. They have been most fatherly and kind. To the Most Rev. Luigi Ventura, Apostolic Nuncio to Canada, with whom I have been privileged to work these past three years, I extend my appreciation for both the opportunity to serve as a member of his staff as also his urging that I finish this work and affording me the time to do so. It has been an honour to work in close association with him, to see his love for Christ and the Church, as also his selfless and disinterested service to the Church in Canada in the name of the Apostolic See.