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Actually,
Virginia, Father Gruner is Not Suspended
The latest article in The Wanderers
never-ending series on the "suspension" of Father Nicholas Gruner depends upon
an Orwellian notion of justice no Catholic can accept: punishment without a
crime, guilt without a conviction.
by Christopher A. Ferrara
Even a five-year-old knows
when an injustice has been committed: "Thats not fair!" is a concept any
child can understand. The capacity to recognize and be outraged by injustice is
one of the things that distinguish men from the lower animals.
Mans God-given sense
of justice tells him, first of all, that one cannot be punished for an offense
unless one has committed an offense. If the five-year-old were spanked
vigorously and consigned to his room all day for stealing cookies he had not in
fact taken, his piteous cry of "Thats not fair!" would melt the heart of
anyone who knew the truth. Few cruelties of the human condition evoke more
compassion than the knowledge that someone has been punished for nothing; and
the more severe the unmerited punishment, the greater our compassion for its
victim.
Likewise, even a child can
understand the injustice of punishing someone for failing to do that which it
was impossible for him to do. Let us suppose that our hypothetical
five-year-old was spanked by his father and sent, weeping, to his room for not
having put away his toys in his toy chest, when the father himself had
padlocked the chest so that it could not be used. One could scarcely imagine a
father who would treat his own child this way, and we would look with horror
upon such stupefying cruelty.
The law of the Church,
reflecting the justice and mercy of God, prohibits such cruel injustices by
providing that no one may be punished unless he is actually guilty of an
offense1, nor may anyone be punished for failing to do that which it
was impossible or gravely inconvenient to do.2 Thus, for example, if
a bishop were to "suspend" one of his priests for failing to perform some
arduous duty while the priest was in a hospital bed suffering from double
pneumonia, the "suspension" would be null and void because it was impossible or
at least gravely inconvenient for the priest to obey the bishops unjust
and unreasonable command.
Bashing Father GrunerAgain
With these common sense
considerations in view, I turn now to The Wanderers latest effort
to persuade us that, contrary to justice and common sense, Father Gruner is a
"suspended priest." I am referring to an article entitled "Yes, Virginia,
Father Nicholas Gruner Is Suspended" by Pete Vere and Shawn
McElhinney.3
To begin with, Vere and
McElhinney offer no documentation of their position beyond a Vatican press
release which advises that "the Congregation for the Clergy, upon a mandate
from a higher authority [Vatican-speak for the Secretary of State],
wishes to state that Rev. Nicholas Gruner is under an a divinis
suspension, which has been confirmed by a definitive sentence of the Supreme
Tribunal of the Apostolic Signatura." In other words, the anonymous author of a
press release says that the anonymous "higher authority" says that the
Congregation should say that the Apostolic Signatura says that Father
Gruners "suspension" has been "confirmed."
Notice that nowhere in this
chain of hearsay and buck-passing is there any indication of (a) who has
"suspended" Father Gruner (note well: it is not the Vatican that has done so),
(b) when he was "suspended" or (c) why he was suspended. There is
a very good reason these particulars are missing from the press release: to
reveal the particulars is to reveal that there is absolutely no basis for
Father Gruners "suspension"no offense against faith or morals, no
violation of any law of the Church, nothing. As anyone who takes the least
trouble to study the facts of Father Gruners case will appreciate, he has
been subjected to cruelty and injustice no more defensible than the
mistreatment of our hypothetical child. The case, in its essentials, can be
summarized in a few paragraphs.
The True Facts in a Nutshell
An effective advocate for
the cause of Our Lady of Fatima for nearly 25 years, by 1996 Father Gruner was
encountering fierce opposition to his work from within the Vatican bureaucratic
apparatus now controlled by Vatican Secretary of State, Angelo Sodano. This is
the same bureaucracy that hosts Vatican dinners with Mikhail
Gorbachev4, supports the godless, pro-abortion International
Criminal Court to the dismay of pro-life activists around the
world5, and explicitly renounces any effort to make
converts among the Russian Orthodox.6
Suffice it to say that the
activities of Sodanos apparatus are hardly in accord with the Virgin of
Fatimas call for the consecration and conversion of Russia to the
Catholic faith and the triumph of Her Immaculate Heart in a Catholic social
order, as opposed to a New World Order of pan-religious "brotherhood"
administered by the United Nations.
No wonder then, that the
Vaticans June 2000 "commentary" on the Third Secret refers no less than
four times to none other than Cardinal Sodanos personal "interpretation"
of the Secret and his opinion that the prophecies of Fatima "belong to the
past."7
Given the state of the
Church today, it should be obvious to any reasonable observer that the current
policies of the Sodano apparatus are rather different from what the Virgin of
Fatima called for. All of this has been demonstrated abundantly in
well-documented articles and books promoted by Father Gruners Fatima
apostolate over the years.8 A clash between Father Gruners
apostolate and Sodanos apparatuswhich now effectively rules the
Church as de facto Pope9was thus inevitable.
Recognizing that Father
Gruner has every right under Church law to advocate his views on the Fatima
Message, the Sodano apparatus devised what it thought was a foolproof plan to
silence this inconvenient priest by indirection. Father Gruners Italian
bishopwho had earlier told Father Gruner of "worried signals from the
Vatican Secretary of State"10was pressured to order him to
leave Canada and "return" to Avellino, Italy, where he had been ordained back
in 1976, unless he found a new bishop to incardinate him.11
Sodanos apparatus then took steps to prevent any other bishop in
the world from incardinating Father Gruner. At the end of this devious process,
the plan was to announce (through the Bishop of Avellino) that since Father
Gruner had "failed" to be incardinated by another bishop, he must return to
Avellino within 30 days (abandoning his entire priestly lifes work) or he
would be "suspended" for "disobedience."12 But the Sodano apparatus
did not foresee at least two developments:
First, despite all
efforts to block it, the Archbishop of Hyderabad agreed to incardinate Father
Gruner. The Archbishop issued a formal decree of incardination declaring that
"evil forces have conspired to destroy your [Father Gruners] work of
love" and that "bureaucratic forces cannot stifle Gods work."13
In subsequent canonical proceedings, the Sodano apparatus (speaking this
time through the Congregation for the Clergy) arbitrarily asserted that the
incardination in Hyderabad was "non-existent" and that Father Gruner must still
return to Avellino or be "suspended" for "disobedience" since he had "failed"
to be incardinated elsewhere. The Archbishop of Hyderabad, rejecting this
arbitrary claim, strongly reaffirmed his decree of incardination with a new
decree, after examining all the pertinent documents and finding no defect in
the incardination.14
Second, since Father
Gruner had been living in Canada with the written permission of the Bishop of
Avellino since 1978, under Italian law it was legally impossible for him to
return to Italy even if the order to return were just and valid. The Bishop had
never taken any steps to obtain proper permissions for a foreign priest to
enter an Italian diocese, including an entry visa supported by written
commitments that the Bishop provide financial support, medical coverage and
pensionfor a priest who had been absent, with his permission, for more
than 16 years and had not received one penny of support from Avellino in all
that time. The Bishop of Avellino has since ignored two written requests from
Father Gruner for an explanation of how he can be expected to "return" to
Avellino without any visa or guarantees of financial support, as required by
Italian immigration law.15 Nor has the Bishop ever responded to
Father Gruners notification that the Archbishop of Hyderabad considered
Father Gruner to be incardinated in Hyderabad.16 Clearly, the Bishop
himself has no interest in Father Gruners "return" to the Diocese of
Avellino, which would involve legal work and substantial expense for the
lifetime support and maintenance of a foreign-born priest whose services the
Bishop has never needed. The Bishop is but a pawn in a canonical game contrived
by the Sodano apparatus.
In short, Father Gruner
finds himself in a situation quite analogous to that of our hypothetical
unjustly punished child:
First, Father Gruner
has been punished for nothing. That is, he has been punished for "failing" to
be incardinated elsewhere, when in fact he has been incardinated
elsewhere. Like the child who did not steal the cookies, Father Gruner did not
"fail" to be incardinated. Even more insulting to ones sense of justice
is that those who declare Father Gruners "failure" to be incardinated are
the very ones who tried to block his incardination anywhere in the world
besides Avellino, and who now arbitrarily assert that even the valid
incardination in Hyderabadwhich Father Gruner obtained despite their
interferenceis "non-existent."
Second, Father
Gruner has been punished for failing to do the impossible. That is, Father
Gruners persecutors in the Vatican bureaucracy have done everything in
their power to make it impossible for Father Gruner to achieve incardination,
and even when he did achieve it (in Hyderabad), they called the incardination
"non-existent." Furthermore, even if Father Gruner were not incardinated in
Hyderabad (and he is), he has been punished for "failing" to return to Italy
when his return is impossible because the Bishop of Avellino has never complied
with Italian immigration law. Like the child who was punished for failing to
put away his toys in a toy chest his own father had padlocked, Father Gruner
has been declared "suspended" by the very people who have denied him the means
to avoid his "suspension."
Punishment Without a Crime
What do Vere and McElhinney
have to say about Father Gruners just claim that he cannot be suspended
because he has not committed any offense? The authors merely repeat that
"Father Gruners suspension was upheld by a sentence of the Apostolic
Signatura." What suspension? Imposed by whom? And for what reason? Recognizing
that they should make at least some effort to show what offense Father
Gruner is supposed to have committed, Vere and McElhinney write that
Father Gruner was ordered
by his legitimate ecclesiastical superior to return to the diocese of his
incardination [Avellino]
He was also warned that failure to return to his
diocese of incardination would result in his suspension a divinis
[and] subsequently his competent ecclesiastical superior followed
through with the suspension.
But here the authors
conveniently omit every one of the crucial facts I have outlined above: that
Father Gruner was ordered to return to Avellino only if he did not find
another bishop; that his very accusers tried to prevent him from finding
another bishop; that nevertheless he did find another bishop (the
Archbishop of Hyderabad); and that, in any case, it is legally impossible for
him to return to Avellino because the Bishop of Avellino has never taken any
steps to comply with Italian immigration law.
Thus, Vere and
McElhinneys argument reduces to little more than the contention that
Father Gruner is "suspended" because a press release says that a "definitive
sentence" of the Signatura "confirms" that he is "suspended"; and no one need
care if the "suspension" has any legal, moral or factual basis. As the authors
state in reply to Father Gruners objection that he has been suspended for
no real reason: "Given the fact that Father Gruners suspension was upheld
by a sentence of the Apostolic Signatura, this [Father Gruners objection]
is simply amazing." In other words, the authors essentially advocate the
Orwellian notion that the sentence is the crime, whether or not any
actual crime has been committed. For them, it is "amazing" that anyone would
think to look behind a piece of paper to see if there is any basis for what the
paper says.
Guilt Without a Conviction
But that is not the end of
the absurdity at work here. It is not merely that Father Gruner has been
"suspended" for nothing or for failing to do the impossible. Rather, Father
Gruner is declared "suspended" when, in fact, the Bishop of Avellino has
never actually issued a sentence suspending Father Gruner a
divinis.17
Even Vere and McElhinney
admit that the Bishop of Avellino merely "warned that failure to return
to his diocese of incardination [within 30 days] would result in his suspension
a divinis." But they mislead the reader when they claim that
"subsequently his competent ecclesiastical superior followed through with the
suspension." No, the Bishop did not "follow through with the suspension." In
fact, the only one who followed through in this matter was Father Gruner, who
(as noted above) twice reminded the Bishop of the legal impossibility of any
"return" to Italy absent the Bishops own compliance with Italian
immigration law, on which reminders the Bishop has never acted. Nor has the
Bishop ever responded to Father Gruners notification that the Archbishop
of Hyderabad insists that his incardination of Father Gruner is valid, and that
Father Gruner is now attached to the Archdiocese of Hyderabad (where,
incidentally, Father Gruners apostolate subsidizes an orphanage and other
charitable works).
Vere and McElhinney might
have arguedalthough they did not do sothat Father Gruners
suspension took effect automatically, without any further decrees, after the
30-day period for his supposed "return" to Italy (after 16 years!) had elapsed.
Church law describes such an "automatic" suspension as latae sententiae.
But even if the Bishops threatened suspension were viewed as a
latae sententiae penalty, the suspension could not operate against
Father Gruner, because, as mentioned above, Church law forbids the imposition
of penalties for actions that were taken out of necessity or to avoid grave
inconvenience.18 In this case, it was legally impossible for Father
Gruner to "return" to Italy, even if he had not been incardinated in India. And
even if the "return" to Avellino were not legally impossible, it would still be
gravely inconvenient because it would cause the destruction of many years of
work and commitments that the Bishop of Avellino allowed Father Gruner to
conduct without objection.
To this, Vere and McElhinney
can only reply that the provision of Church law exempting one from any penalty
in cases of necessity or grave inconvenience does not apply to any act which is
"intrinsically evil or tends to be harmful to souls." The authors then ask: "Is
not disobedience to the lawful command of ones ecclesiastical superior
harmful to souls?" But here the authors only beg the question. As I have just
shown, the command to "return" to Italy was impossible to obey and no one is
held to do the impossible. Nor was the command "lawful" since it amounted to a
punishment for something Father Gruner had not in fact donethat is, he
did not "fail" to find another bishop, and therefore he could not lawfully be
ordered to "return" to Italy for a "failure" that had never occurred. The
authors position thus reduces to the absurdity that "failure" to obey an
unfounded, unjust and impossible command is "harmful to souls" merely because
the command has not been followed. What is truly harmful to souls, not to
mention the very credibility of the Church, is the sort of ruthless abuse of
power we see in Cardinal Sodanos oversight of the persecution of Father
Gruner. Shame on Vere, McElhinney and The Wanderer for passing off the
abuse of authority and the imposition of unjust punishment as virtuous Catholic
activity. They make a mockery of Church law.
Furthermore, Church law
specifically provides that a bishop (or other legislator) may not threaten a
latae sententiaethat is, an automaticpenalty except for a
grave and malicious offense that cannot otherwise be corrected.19
But Father Gruner has not committed any offense at all, let alone a grave
and malicious offense. He is accused only of "failing" to be incardinated when
he was incardinated, and "failing" to return to a country whose
immigration law bars his return. Father Gruners "offense,"
therefore, rests on nothing but canonical thin air. This seems to be of no
concern to our authors, however, who take the position that no one may question
a piece of paper stating that Father Gruners "suspension" has been
"confirmed."
A Pharisaical Notion of "Obedience"
As we can see, the authors
avoid any discussion of the patent lack of any real grounds for Father
Gruners alleged "suspension." Instead, they rely on an empty legalism
that exalts form over substance: a command was given, a decree was issued and
nothing more can be said in Father Gruners defense. Having advocated this
cold-blooded Pharisaical notion of Church law, the authors also propose an
equally unreasonable notion of "obedience" in the Church. They assert that
Father Gruner must accept his "suspension" in order to be "consistent with our
Catholic tradition of obedience."
To support this claim, the
authors cite the example of St. Gerard, an Eighteenth Century saint who
remained silent in the face of a false accusation that he had engaged in
fornication, and they suggest that Father Gruner should likewise suffer his
"suspension" without objection. But what does remaining silent in the face of a
false accusation have to do with "obedience" to an unjust, unfounded and
impossible command of a superiorespecially when the superior in
question can no longer rightly claim authority because the priest in question
has been incardinated by another bishop? No one commanded St. Gerard to
remain silent, and thus his case in no way involved the question whether
Catholics ought to obey an unjust command and submit to an abuse of power by a
superior. The authors reference to the example of St. Gerard makes no
sense at all. Equally senseless is the authors reference to the Virgin
Marys consent to become the Mother of God. What does this have to do with
the right of the faithful under Church law not to be punished for "failing" to
"obey" unjust and impossible commands?
Equally unavailing is the
authors claim that Father Gruner should follow the example of Sister Lucy
herself, who has lived her life "as a holy example of submission and obedience
to legitimate authority." Again, the authors beg the question. Father Gruner
has the perfect right under Church law not to be punished if he did nothing
wrong, and Church law excuses one from any penalty if the act penalized was
done out of necessity or to avoid grave inconvenience. Father Gruner cannot
lawfully be punished for "failing" to do what he in fact did do, or
"failing" to "return" to a place whose civil law prevents his return. Do the
authors contend that Sister Lucy has been subjected to a similarly unjust,
unfounded and impossible command? If not, then what is the relevance of Sister
Lucys life of obedience, given that it does not involve the kind of
circumstances that confront Father Gruner?
Moreover, the authors fail
to note that as the member of a religious order, Sister Lucy was required to
take a vow of holy obedience which is more demanding than the promise of
ordinary due obedience taken by diocesan (secular) priests like Father Gruner,
who live and work in the world. A diocesan priest has many rights that priests
and nuns in religious orders do not have, including freedom of association and
the right to found and operate associations of the faithful, such as Father
Gruners Fatima apostolate.20 The Code of Canon Law provides a
whole host of protections against unjust commands for priests in Father
Gruners position, including the protections and excuses from operation of
penalties I have discussed here. Is Church law of no account? Must a priest
submit to any injustice imposed upon him, no matter what rights the law of the
Church might guarantee? In that case, why have a Code of Canon Law at all? If
"obedience" is the only law, why not repeal the Code and replace it with the
dictum: "All commands of superiors, no matter how unjust, must be obeyed."
That, essentially, is what the authors do.
At any rate, as Father
Gruner has pointed out many times, we are not dealing here with an injustice
merely personal to him, as was the false accusation against St. Gerard. Father
Gruner might well prefer to suffer the personal injustice of "returning" to
Avellino and living a quiet life with his books, rather than undergoing the
constant stress of defending his apostolate and his good name against constant
attacks from every Tom, Dick and Harry that would like to take a potshot at
him, including our two young authors. But the injustice against Father Gruner
personally extends beyond him to threaten the very existence of an apostolate
that is inarguably the worlds most effective promoter of the Message of
Fatima. If the apostolates position is correcti.e., that the
failure to consecrate Russia will lead to the worldwide calamity Our Lady of
Fatima described as the annihilation of various nationsthen
millions of lives and the eternal fate of millions of souls are bound up in
fulfillment of the Message. That being the case, the destruction of the
apostolate would have significant consequences for the Churchs common
good.
The Right to Resist an Abuse of
Power
This, then, is the primary
reason Father Gruner has resisted the contrived and fraudulent "suspension"
certain bureaucrats have tried to create out of nothing: he cannot in
conscience allow canonical trickery and coercion to crush a Catholic work of
substantial benefit to the common good of the Church. To recall the words of
the Archbishop of Hyderabad: "evil forces have conspired to destroy your work
of love
bureaucratic forces cannot stifle Gods work." Indeed, a
true example of Catholic virtue in the face of injustice is the Archbishop
himself, who had the courage to stand up to high and mighty bureaucrats of the
sort that have plagued Rome throughout the Churchs long history.
The Archbishops own
actions reflect the Catholic teaching, rooted in the natural law, that
the faithful have a God-given right to resist a prelates abuse of power,
even if that prelate is the Pope himself. The eminent 16th
Century Catholic theologian Francisco Suarez explained the same principle
as follows:
If [the Pope] gives an
order contrary to right customs, he should not be obeyed; if he
attempts to do something manifestly opposed to justice and the common good, it
will be lawful to resist him; if he attacks by force, by force he can be
repelled, with a moderation appropriate to a just defense.21
Likewise, St. Robert Bellarmine, a doctor of the Church,
taught that:
Just as it is licit to
resist the Pontiff that aggresses the body, it is also licit to resist the one
who aggresses souls or who disturbs civil order, or, above all, who attempts to
destroy the Church. I say that it is licit to resist him by not doing what he
orders and by preventing his will from being executed; it is not licit,
however, to judge, punish or depose him, since these acts are proper to a
superior.22
Thus, for example,
Polycrates of Ephesus and the synods of Asia Minor were within their rights in
refusing to obey the command of Pope St. Victor I that they abandon the
quartodeciman Easter. As the Catholic Encyclopedia notes: "The
resistance of the Asiatic bishops involved no denial of the supremacy of
Rome. It indicates solely that the bishops believed St. Victor to be abusing
his power in bidding them renounce a custom for which they had Apostolic
authority." Now, if even a sainted Pope can be resisted when he abuses
his power by trying to change a custom in the Church, all the more can Vatican
bureaucrats be resisted when they abuse their power by declaring the bogus
"suspension" of a faithful priest who has done nothing wrong, in order to
further their illicit aim of burying any recollection of the Mother of
Gods prophetic warnings to the Church and the world at Fatima.
But Vere and McElhinney not
only ignore the natural law principle that members of the faithful have the
right to resist an abuse of power, they ignore the teaching of the Magisterium
on the proper exercise of authority by a bishop over his priests. The relation
between a bishop and his priests is like the relation between a father and son.
As the Council of Trent teaches: "Bishops and all ordinaries must be pastors
not persecutors. They must rule their subjects but not dominate them. They must
love their subjects as brothers and sons..."23 This means,
obviously, that prelates, like natural fathers, have no right before God or man
to punish their priests when no offense has been committed or to "suspend" them
for "failing" to do the impossible.
In short, the notion of
priestly "obedience" the authors advocate is more appropriate to Nazi Germany
or Stalinist Russia than the Catholic Church. But is it not this very notion of
a false and blind obedience to every command that has reduced the
post-Conciliar Church to a shambles? Are we not today witnessing a situation in
which faithful priests are routinely punished for "disobedience" while true
enemies of the Church are ignored or even rewarded for their acts of
ecclesiastical treason? Do we not see precisely that condition of injustice
lamented by Saint Basil the Great at the height of the Arian heresy?: "Only one
offense is now vigorously punished, an accurate observance of our fathers
traditions."
Why?
What is to explain The
Wanderers relentless pursuit of Father Nicholas Grunerat a time
when the Church desperately needs priests of his caliber? Father Gruner is a
priest whose orthodoxy and adherence to his vow of chastity are beyond
question; a priest who has traveled the world spreading authentic Roman
Catholicism, including devotion to the Blessed Virgin; a priest whose sound
preaching and distribution of millions of Brown and Green Scapulars have helped
to obtain innumerable conversions; a priest whose apostolate supports an
orphanage in one of the most impoverished regions of the world. The answer to
the question, I believe, is that The Wanderers constant attacks on
this exemplary priest are in keeping with its general line of enabling the
post-Conciliar revolution in the Church by helpfully denouncing anyone who
opposes the "reforms" of the revolution. Be it the disastrous imposition of the
New Mass, communion in the hand, altar girls, or even papal prayer meetings
with witchdoctors, The Wanderer is there to defend the innovation and to
condemn any significant opposition to it by tradition-minded Catholics. As the
human element of the Church descends deeper into chaos and apostasy, The
Wanderer seems to have become even more obstinate in its defense of
destructive novelties which the great pre-Conciliar popes would undoubtedly
have viewed with utter horror. (Just imagine St. Pius Xs reaction to what
The Wanderer would defend as a proper Novus Ordo Mass, complete with
altar girls.)
Only this perverse
determination to defend indefensible changes in the Church could explain The
Wanderers preoccupation with Father Gruner. There are now at least a
dozen Wanderer articles attacking him on one pretext or another, even
though not even The Wanderer can deny his orthodoxy and chastity. This
is a very curious editorial priority, given the widespread moral and doctrinal
corruption in the priesthood today. One recent example of The
Wanderers bizarre anti-Gruner editorial campaign is an article
condemning Father Gruners opposition to communion in the hand and women
attending Mass with uncovered heads.24 Generally, however, The
Wanderer assails Father Gruner for his objection to the effort by certain
members of the Vatican apparatus to revise the Message of Fatima to suit their
diplomatic and "ecumenical agenda"including a 1984 "consecration" of
Russia that deliberately avoided any mention of Russia so that the Russian
Orthodox would not be offended! Confronted by Russias manifest failure to
convert since 1984indeed, the Putin regime now openly persecutes the
Catholic ChurchThe Wanderer has even resorted (in yet another
article attacking Father Gruner) to the argument that perhaps Sister Lucy
unconsciously fabricated that part of the Message which speaks of the
consecration and conversion of Russia.25
Since Father Gruner is
clearly the worlds foremost exponent of the "old"that is to say,
the authenticMessage of Fatima, The Wanderers ongoing
defense of the post-Conciliar "reform" of the Church would logically impel it
to condemn the most prominent opponent of the "reform" of Fatima. Just as
The Wanderer now defends communion in the hand and altar girls, so it
will now defend the "reformed" Fatima Message.
If the editor of The
Wanderer insists upon continuing to enable the post-Conciliar revolution in
the Church, then history will be his judge. Meanwhile, Father Gruner has a
right to his good name, for as the law of the Church reminds us: "No one may
unlawfully harm the good reputation which a person enjoys
"26
Catholics who care about justice in the Church, as opposed to empty Pharisaical
legalism, should take the trouble to examine the facts of Father Gruners
situation with an open mind. If they do so, they will have to conclude, as I
have, that no, Virginia, Father Nicholas Gruner is not "suspended," and that
anyone who claims Father Gruner is "a suspended priest" is helping to
perpetrate one of the great injustices in the Church today.
FOOTNOTES
1. The Code of Canon Law explicitly provides
that no one can be punished for the commission of an external violation of a
law or precept [i.e., particular command] unless it is gravely
imputable by reason of malice or culpability. (Can.
1321§1).
2. The law of the Church, in its mercy and its
justice, also recognizes that no one may be punished for violating a precept if
necessity or grave inconvenience prevents compliance. Code of Canon Law, Can.
1323, 2°.
3. A few words about the co-authors are in
order. The Wanderer presents Vere as "a practicing canonist" with no
mention of his own biography, which reveals that he was a former Catholic, a
former occultist and socialist, a former Protestant Pentecostal, and a former
Catholic traditionalist (affiliated with the Society of St. Pius X), before he
arrived at his latest spiritual stop, which he describes as "a harmonious blend
of charismatic action and traditionalist contemplation." Vere, who recently
obtained a canon law degree, spends a great deal of time putting out "canonical
opinions" and "advisories" condemning traditionalist Catholics for "schism" and
other imagined offenses against the Church, based on nothing more than the same
traditionalist views he himself vigorously defended as legitimate opinions
during his traditionalist phase, which ended a short time ago. When Vere is not
issuing canonical opinions questioning other peoples orthodoxy, he is
posting lengthy reviews of home appliances at amazon.com, including the George
Foreman Champ Grill, Ronco Food Dehydrator, Yogurt Maker and Beef Jerky
Machine, and the Conair Bathmat Bubble Massager (Model MBVTS), concerning which
Vere declared: "I found the bubbles intensely massaging without being
overpowering on the high setting, and simply relaxing on the low setting."
Co-author McElhinney is described as "a part-time writer and Catholic
evangelist" who operates a couple of websites promoting his own peculiar views
under the banner: "So That No Thought of Mine, No Matter How Stupid, Should
Ever Go Unpublished Again." McElhinneys contribution to Veres
article is certainly in keeping with that motto. These, then, are the pair of
commentators The Wanderer deems qualified to declare to the Church:
"Yes, Virginia, Father Nicholas Gruner is suspended."
4. News of June 27, 2000 press conference.
"Gorbachev Helps Introduce Casaroli Memoirs", Catholic World News, June
27, 2000. See also photograph published in Catholic Family News, January
2001, p. 13 showing Gorbachev at the Vatican delivering a lecture to the Pope
and world politicians during the "Jubilee of Politicians".
5. "Vatican Supports International Criminal
Court With Symbolic Donation: Pro-lifers Around the Globe Dismayed," Life
Special Report, July 5, 2002: "Pro-lifers around the globe were dismayed Monday
at the Vaticans welcoming of the establishment of the International
Criminal Court (ICC). Archbishop Renato Martino, the Vaticans
representative at the United Nations issued a release in support of the ICC and
noted that the Vatican had contributed a symbolic donation of $3,000 [30 pieces
of silver, adjusted for inflation c.a.f.] to the ICC trust fund set up
by UN Secretary General Kofi Annan."
6. See, Vatican-negotiated Balamand
Statement (1993), which declares that because of "radically altered
perspectives and thus attitudes" engendered by Vatican II, the Catholic Church
will train new priests "to pave the way for future relations between the two
Churches, passing beyond the outdated ecclesiology of return to the Catholic
Church." See also, Francis Alban and Christopher A. Ferrara, Fatima
Priest, Chapter 13, "The Balamand Connection", Fourth Edition (Good Counsel
Publications, Pound Ridge, New York, 2000), pp. 188-194.
7. "Insofar as individual events are described,
they belong to the past." See, Joseph Cardinal Ratzinger, "Theological
Commentary", The Message of Fatima, p. 43. See footnote 9 (below) for
Cardinal Sodanos "interpretation" of the Third Secret in the same
Commentary.
8. See, The Devils Final Battle,
edited and compiled by Father Paul Kramer (The Missionary Association,
Terryville, Connecticut, 2002), Chapters 5-9, "Appendix: A Chronology of the
Fatima Cover-up"; Francis Alban and Christopher A. Ferrara, Fatima
Priest, Fourth Edition, Chapters 9-13, 18-20.
9. This situation has resulted from the
restructuring of the Roman Curia by Cardinal Villot under Paul VI in order to
give the Vatican Secretary of State authority over all other Vatican
departments. (See The Devils Final Battle, pp. 96-98.) The
Secretary of State now presides even over the Holy Office (now called the
Congregation for the Doctrine of the Faith), which issued the "commentary" on
the Third Secret that explicitly relies upon Sodanos "interpretation" of
the Message of Fatima:
"Before attempting an interpretation, the main
lines of which can be found in the statement read by Cardinal Sodano on 13 May
of this year
" (The Message of Fatima, p. 32)
"For this reason, the figurative language of the
visions is symbolic. In this regard, Cardinal Sodano stated
" (The
Message of Fatima, p. 38)
"As is clear from the documentation presented
here, the interpretation offered by Cardinal Sodano in his statement of 13 May
was first put personally to Sister Lucia.
" (The Message of
Fatima, p. 39)
"First of all we must affirm with Cardinal
Sodano:
the events to which the third part of the
secret of Fatima refers now seem part of the past." (The
Message of Fatima, p. 43)
Cardinal Sodano does not, of course, have any
real theological authority to interpret the Message of Fatima, since Our Lord
did not invest the Vatican Secretary of State, an administrative office created
relatively recently, with any teaching authority in the Church. This is just
one of many usurpations of papal authority which has resulted from the
restructuring of the curia by Paul VI and the physical debility of the current
Pope during Cardinal Sodanos tenure.
10. Letter from the Bishop of Avellino to Father
Gruner, dated May 29, 1989.
11. "Incardination" means the formal attachment
of a secular (diocesan) priest to the bishop of a particular diocese. It
derives from the Latin word for "hinge."
12. Letter from the Bishop of Avellino, May 16,
1996, Protocol #102/96.
13. Archbishop of Hyderabad, November 4,
1995.
14. Second decree of the Archbishop of
Hyderabad, March 10, 1999: "Having reviewed the documents
I am satisfied
that my decree of 4 November 1995 incardinating Father Nicholas Gruner into the
Archdiocese of Hyderabad is valid and effective ... After due discernment, I am
convinced that I am acting correctly though I was partly misled by influential
people. I strongly feel that the good work he is doing in spreading devotion to
the Immaculate Heart of Mary should not be hampered
through undue
canonical or juridical pressures. May Jesus Christ be praised!"
15. Father Gruners letters of October 7,
1999 and September 17, 2000 to the Bishop of Avellino. The Bishop has never
answered these requests and to this day has failed to take the necessary legal
stepswhich only the Bishop can takefor Father Gruners
"return" to Avellino under Italian immigration law. That the Bishop has done
nothing in this regard, even though Father Gruner has twice pointed out the
Bishops responsibility to provide the necessary papers, demonstrates that
the Bishop hasnt the least interest in Father Gruners "return," but
rather is only playing along with the canonical game contrived by Father
Gruners adversaries in the Vatican apparatus.
16. Father Gruners letter of August 16,
1999 to the Bishop of Avellino states: "I send to you with this letter a copy
of the decree regarding my incardination dated 10 March 1999 in virtue of which
I must consider myself, with all the effects, incardinated in the Archdiocese
of Hyderabad
"
17. A priest who is legitimately suspended "a
divinis" cannot offer the Holy Sacrifice of the Mass. The Bishop has never
issued any decree stating that Father Gruner may not offer Mass.
18. See Canon 1323, cited in footnote
2.
19. The threat of "latae sententiae"
(i.e. automatic penalty) by the Bishop of Avellino was null and void from the
beginning. Canon 1318 does not allow the bishop to threaten a "latae
sententiae" penalty unless ("nisi") perhaps for "certain
particularly treacherous offenses (singularia quaedam delicta dolosa).
For a crime to be "dolosum" it must be a "deliberate performance of an unlawful
act ... involving trickery or deceit," and "bad faith." (Lewis & Short,
A Latin Dictionary, p. 570)
No one can reasonably claim that Father Gruner
acted "dolose" i.e. deliberately and in bad faith, when he refused to
obey a precept to reside permanently as an illegal alien in Italy. Therefore,
the threatened penalty is null and void.
Moreover, Father Gruner was not subject to "any
penalty" (nulli poenae) because one is exempt from penalty if acting
"out of grave fear, even if only relatively grave, or out of necessity or out
of serious inconvenience." (Canon 1323, 4°) Now one who is subject to
arrest by the Italian authorities, imprisonment and deportation can most
reasonably claim to have not obeyed for reasons of grave fear, necessity and
grave inconvenience. Even one, who without fault, thought that such condition
existed, cannot be penalized (Canon1323, 7°), and one who "erroneously and
culpably thought" that such conditions of grave fear, necessity or grave
inconvenience" (Canon 1324, 8°) existed is exempt from "latae
sententiae" penalties. (Can. 1324§3)
20. See, e.g. Canon 278: "Secular clerics have
the right of association with others for the achievement of purposes befitting
the clerical state."
21. De Fide, Disp. X, Sec. VI, N. 16.
22. St. Robert Bellarmine, De Romano
Pontifice, Book II, Chapter 29.
23. Council of Trent, quoted in Canon 2214 of
the 1917 Code of Canon Law: Meminerint Episcopi aliique Ordinarii se
pastores non percussores esse, atque ita praeesse, sibi subditis oportere, ut
non in eis dominentur, ses illos tamquam filios et fratres
diligent.
24. That attack on Father Gruner was responded
to at length in the article "Defending the Revolution," in the March 2003 issue
of Catholic Family News.
25. This other attack on Father Gruner by The
Wanderer was rebutted at length in the article "Pleasing Uncle Al" by
Christopher A. Ferrara, in the December 2001 issue of Catholic Family
News.
26. See Canon 221.
The Fatima Center
In U.S.A. 17000 State Route 30, Constable,
NY 12926 In Canada 452 Kraft Rd., Fort Erie, ON L2A
4M7 1-905-871-8041 or call toll-free 1-800-263-8160 www.fatima.org
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