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Additional Proofs of John Lilburne in Causa: Lilburne-Dowling 301 00 165

In response to the question "Is there anything else you would like to add?", Most Reverend Hart stated, "It has been the practice of this Archdiocese of Melbourne only to have instituted lectors who are transitional."

Here I believe he identifies the key issue in this case: the practice in this Archdiocese towards instituted readers. The interrogations of Very Reverend McKenna, Very Reverend Dowling, and Most Reverend Hart reveal how the practice towards instituted readers differs from that in Canon law and liturgical law.

Two main issues emerge about instituted readers:

Is it permanent?
Does it give a rank, office or precedence in the Church?

Permanence

Some instituted readers are ordained as deacons. In this sense the ministry of instituted reader can be transitional.

However Church documents emphasize the permanence of this ministry, as opposed to it being a temporary appointment. I have used bold type to highlight where this occurs in the following Church documents:

Catechism of the Catholic Church, Second Edition (St Pauls, Strathfield NSW, 2000, page 239), n 903:

Lay people who possess the required qualities can be admitted permanently to the ministries of lector and acolyte. [Footnote 436: Cf. CIC, can. 230.1]. "When the necessity of the Church warrants it and when ministers are lacking, lay persons, even if they are not lectors or acolytes, can also supply for certain of their offices, namely, to exercise the ministry of the word, to preside over liturgical prayers, to confer Baptism, and to distribute Holy Communion in accord with the prescriptions of law." [Footnote 437: CIC, can. 230.3].

Catechism of the Catholic Church, 1671: "Certain blessings have a lasting importance because they consecrate persons to God, or reserve objects and places for liturgical use. Among those blessings which are intended for persons - not to be confused with sacramental ordination - are the blessing of the abbott or abbess of a monastery, the consecration of virgins and widows, the rite of religious profession and the blessing of certain ministries of the Church (readers, acolytes, catechists, etc.)."

Ceremonial of Bishops, 790 "Unless they have already done so, candidates for ordination are to receive these ministries ...". The permanent nature of institution is clear, since it is not to performed on someone a second time.

Canon 1050, 3°: "for those to be promoted to the diaconate, certificates of the reception of baptism, of confirmation and of the ministries mentioned in Canon 1035."[Footnote 1: The Code of Canon Law - New Revised English Translation, (Harper Collins, London, 1997) 235.] This indicates that there should be a certificate for the institution of a reader, emphasizing its permanence.

Canon 230.1: "Lay men whose age and talents meet the requirements prescribed by decree of the Bishops' Conference, can be given the stable ministry of lector and of acolyte ...".[Footnote 2: ibid, 49.]

The Rite of Institution of Readers, n 5: "Then all stand, and the bishop, without his miter, invites the people to pray: Brothers and sisters, let us ask God our Father to bless these servants who have been chosen for the ministry of reader. Let us pray that they may be faithful to the work entrusted to them ...".

The Most Reverend Hart stated, "It has been the practice of this Archdiocese of Melbourne only to have instituted lectors who are transitional." It raises the question of what happens to someone like me, an instituted lector, who is no longer in transition to the priesthood. Will the archdiocese no longer "have me"? Am I to be exiled, excommunicated, or executed?! Or am I no longer to be regarded as an instituted reader, since the archdiocese does not have them? What would happen if a so called"permanent instituted reader" were to come into the diocese from elsewhere? Would he be stopped at the border! It seems that the "practice" has been not to recognize them, which is an illegal practice. It is as if a diocese could decide whether or not to have instituted readers. But Pope Paul VI's Motu Proprio Ministeria quaedam, n IV is clear on this point: "Two ministries, adapted to present-day needs, are to be preserved in the whole Latin Church, namely, those of reader and acolyte."[Footnote 3: Documents on the Liturgy (Liturgical Press, Minnesota, 1982) page 909, n 2929.]

The Very Reverend Dowling replied to Question 6 "I must be honest and say that I wondered whether his exclusion from the Seminary would be a bar to his reading here at the Cathedral."

It is as if the ministry of instituted reader were considered as reserved to candidates for the sacrament of orders. Yet Pope Paul VI wrote in the opposite in the Motu Proprio Ministeria quaedam, n III: "Ministries may be assigned to lay Christians; hence they are no longer to be considered as reserved to candidates for the sacrament of orders." [Footnote 4: Documents on the Liturgy (Liturgical Press, Minnesota, 1982) page 909, n 2928.]

Rank, Office or Precedence?

Very Reverend McKenna .... Question 7 is particularly interesting:

"Would a Corpus Christi College Seminarian believe that institution as a lector gave him any rank or office or position or status or authority or precedence in the Church?
If he did believe that, it would not be on the basis of instruction from the Seminary."

His answer casts doubt on the rank, office and precedence that the Church gives instituted lectors. He seems to think that believing that an instituted reader has a rank, office, position, status, authority or precedence in the Church is a false belief, one that would not be based on the Seminary's instruction. In fact, the following Church documents emphasize the rank, office and precedence of instituted readers. Again I have used bold text to highlight this.

Rite of Institution, the Bishop's homily: "As readers and bearers of God's word, you will assist in this mission, and so take on a special office within the Christian community;" [Footnote 5: The Rites, Volume 2 (Liturgical Press, Minnesota, 1991) 104. Enclosed is a document I received at the seminary before institution, which includes this homily.]

Motu Proprio Ministeria quaedam, first paragraph: "The conferring of these functions often took place by a special rite, in which, after God's blessing had been implored, a Christian was established in a special class or rank for the fulfillment of some ecclesiastical function." [Footnote 6: Documents on the Liturgy (Liturgical Press, Minnesota, 1982) page 908, n 2922.] The ministries are described as "offices" throughout this document.

Canon 230

Catechism of the Catholic Church, n 903.

General Introduction to the Lectionary for Mass, n 51 and 54.

General Instruction to the Roman Missal (1975) n 66.

Instruction, In ecclesiasticam futurorum sacerdotum, On Liturgical Formation in Seminaries, 3 June 1979, (Sacred Congregation of Catholic Education), n 13:

The seminarians should have concrete experience of the mystery of the Church as hierarchical, namely, as having an ordered variety of members and distinct ministries. To this purpose it is helpful that in the seminary there be deacons, acolytes, and readers who are imbued with the spirituality of their own offices and who exercise their ministries in the liturgical services. Thus the proper office of the ministerial priesthood will be clear to all the students, as well as the offices of deacon, reader and acolyte. [Footnote 7: Documents on the Liturgy (Liturgical Press, Minnesota, 1982) page 877, n 2792.]

General Introduction to the Book of Blessings, n 18(d) "An acolyte or a reader who by formal institution has this special office in the Church in rightly preferred over another layperson as the minister designated at the discretion of the local Ordinary to impart certain blessings." [Footnote 8: Book of Blessings (Liturgical Press, Minnesota, 1989) page xxviii.] This text in Latin is: "Acolythis atque lectoribus, qui peculiari munere in Ecclesia e collata ipsius institutione funguntur, facultas quasdam benedictiones impertiendi iure prae ceteris laicis tribuitur, de iudicio Ordinarii loci." [Footnote 9: Rituale Romanum - De Benedictionibus (Liberia Editrice Vaticana, Vatican City, 1993) page 14.]

Ceremonial of Bishops, n 31:

The office of reader was historically the first of the lesser ministries to emerge. This office exists in all the Churches and has never disappeared. Readers receive institution for an office proper to them: to proclaim the word of God in the liturgical assembly. Hence at mass and in other rites of the liturgy readers proclaim the readings other than the gospel reading. When there is no cantor of the psalm present, the reader also leads the assembly in the responsorial psalm; when no deacon is present, the reader announces the intentions of the general intercessions.

Whenever necessary, the reader should see to the preparation of any members of the faithful who may be appointed to proclaim the readings from Sacred Scripture in liturgical celebrations. But in celebrations presided over by the bishop it is fitting that readers formally instituted proclaim the readings and, if several readers are present, they should divide the readings accordingly. [Footnote 10: Ceremonial of Bishops (Liturgical Press, Minnesota, 1989) p 25. The Latin text is in Caeremoniale Episcoporum [Liberia Edritrice Vaticana, Vatican City, 1995) 19.]

Ceremonial of Bishops, n 794:

I. INSTITUTION OF READERS

794. The reader is appointed for a function proper to him, that of reading the word of God in the liturgical assembly. Accordingly, he is to proclaim the readings from Sacred Scripture, except for the gospel reading in the Mass and other sacred celebrations. [Footnote 123: See MQ, no. V: DOL, no. 2930.]

In addition the reader is entrusted with the special office of instructing children and adults in the faith and of preparing them to receive the sacraments worthily. [Footnote 124: See The Roman Pontifical, Part II. Institution of Readers and Acolytes, ch. 5, Institution of Readers (hereafter, IR), no. 4, the bishop's words concluding his homily.] [Footnote 11: Ceremonial of Bishops (Liturgical Press, Minnesota, 1989) p 219. The Latin text is in Caeremoniale Episcoporum [Liberia Edritrice Vaticana, Vatican City, 1995) 184.]

Directory for Sunday Celebrations in the Absence of a Priest, n 30 (Congregation for Divine Worship, 2 June 1988):

In the absence of both a priest and a deacon, the pastor is to appoint laypersons, who are to be entrusted with the care of these celebrations, namely with leading the prayers, with the ministry of the word and with giving holy communion.

Those to be chosen first by the pastor are readers and acolytes who have been duly instituted for the service of the altar and of the word of God. If there are no such instituted ministers available, other laypersons, both men and women, may be appointed; they can carry out this responsibility in virtue of their baptism and confirmation. [Footnote 25: See CIC, can. 230, 3.] [Footnote 12: Directory for Sunday Celebrations in the Absence of the Priest (United States Catholic Conference, Washington, 1988) 10.]

Instruction on Certain Questions Regarding the Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priests, Article 1.3:

The non-ordained faithful may be generically designated 'extraordinary ministers' when deputed by competent authority to discharge, solely by way of supply, those offices mentioned in Canon 230.3 [Footnote 56: Cf. Pontifical Commission for the Authentic Interpretation of the Code of Canon Law, Response (1 June 1988): AAS 80 (1988), p. 1373.] and in Canons 943 and 1112. Naturally, the concrete term may be applied to those to whom functions are canonically entrusted e.g. catechists, acolytes, lectors etc. [Footnote 13: Instruction on Certain Questions Regarding the Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priests (St Pauls, Strathfield NSW, 1997) 26.]

General Instruction to the Roman Missal (2000), n 101: "In the absence of an instituted reader, other lay people may be designated to proclaim the readings from the Sacred Scriptures." [Footnote 14: Institutio Generalis Missalis Romani July 2000 - An English Language Study Translation by the Secretariate for the Liturgy of the National Conference of Catholic Bishops (Washington, 2000) 22.] The Latin text is: "Deficiente lectore instituto, alii laici deputentur ad proferendas lectiones sacrae Scripturae ..." [Footnote 15: Institutio Generalis (Liberia Editrice Vaticana, Vatican City, 2000) 40.] . This document retains the instructions of the 1975 General Instruction to the Roman Missal, regarding the reader being in the entrance procession and sitting in the sanctuary. (What was in 148 - 149 is now in 194-195).

So returning to the question, "Would a Corpus Christi College Seminarian believe that institution as a lector gave him any rank or office or position or status or authority or precedence in the Church?" The documents above show the rank, office and precedence that an instituted lector should have in the Church. From these it follows that there would be position, status and authority. If seminarians did not believe this, it would be wrong for them to be instituted, since they would not understand their role as instituted readers.

Status of the Third Edition of the Roman Missal and Ceremonial of Bishops

I think it is important that the status of the Caeremoniale Episcoporum be clarified. Questions were asked about it in the interrogations of Very Reverend Dowling and Most Reverend Hart. Confusion could arise from the Media Release of 7 August 2000 (copy attached) about the General Instruction to the Roman Missal (2000):

The current General Instruction remains the authoritative text, until the translation of this third edition for the English speaking world has been approved by the Australian Catholic Bishops Conference and then confirmed by the Vatican's Congregation for Divine Worship and the Sacraments.

The National Conference of Catholic Bishops/United States Catholic Conference Committee on the Liturgy, in the November 2000 Newsletter (enclosed) included part of a letter from Archbishop Tamburrino, Archbishop Secretary of the Congregation for Divine Worship and the Discipline of the Sacraments. He wrote:

the Congregation for Divine Worship and the Discipline of the Sacraments would wish to raise an additional point of clarification occasioned by the impression given by some statements of a largely informal character diffused by a number of Conferences of Bishops. ....

Anticipating the length of time the printing operation might take, the Congregation resolved to issue in extract the text of the Institutio Generalis to permit the Bishops to begin preparation of accurate translations of it into the liturgically approved languages and the appropriate formation of the clergy and catechesis of the faithful.

The Institutio Generalis will have force of law at the moment when the promulgation of the above mentioned edition of the Missale Romanum appears in its third Latin edition along with the promulgating decree, any vacatio legis being specified at that time. It now appears that by the time of publication any part of the vacatio legis will still be unexpired. ...

the provisions of the new Institutio Generalis in themselves have immediate effect as of the date of publication of the full Missal. They are, consequently, not dependent upon the decisions of the diocesan Bishop nor the Conference of Bishops. ...

The point is that Church law is not dependent on a local translation being made by the Conference of Bishops. To the best of my knowledge, having systematically searched through Notitiae last year, there are not yet approved translations, for Australia, of De Benedictionibus (the Book of Blessings) or of Caeremoniale Episcoporum (the Ceremonial of Bishops). Despite this, they are universal Church law, both having been promulgated in Latin in 1984, and are to be followed, in accordance with Canon 846.

When the new Roman Missal will be published is unclear. The Newsletter of September-October 2000 (enclosed) included a speech by Archbishop Lipscomb where he said "As we await the imminent publication of the Missale Romanum, edito typica teritia ...." (page 39). But on the next page of the same publication it has: "The Institutio Generalis Missalis Romani (General Instruction) becomes universal law of the Church upon its publication as part of the Missale Romanum (in Latin). This publication is expected shortly after NCCB consideration of the revised Appendix to the General Instruction in June 2001."

Since the Institutio Generalis has been published for "formation of the clergy and catechesis of the faithful", it would also seem appropriate that it be taken into account regarding the role of instituted readers.

My Status as an Instituted Reader

Some of the responses seem to raise uncertainties about whether I continue to be an instituted reader, since I am no longer a seminarian. Here I am thinking of Very Reverend McKenna Q5, Very Reverend Dowling Q6, and Most Reverend Hart Q10.

I want to emphasize, therefore, that my understanding for the institution was that I it was a ministry I was taking on for life, that it was no dependent on me being ordained. I believe the words of the application letter tendered by Very Reverend McKenna support this understanding: "I appreciate that this step obliges me to nourish my life constantly with the Word of God ...".

Valid reasons for preventing me from functioning as an instituted reader would be for the penalties of excommunication (in accordance with Canon 1331), interdiction (Canon 1332), or as a penalty in accordance with Canon 1336 (where an offender can be punished with "deprivation of power, office, function, right...").

I would like to have recorded in the evidence the fact that I functioned as an instituted reader (wearing vestments, in the entrance procession, and doing one of the readings) for the Mass at Catholic Theological College on 9 November 2000. Archbishop Pell was the Celebrant and Reverend Portelli the Master of Ceremonies, but they made no objection to me reading in this way.

The Readers at the Cathedral

The system of rostered readers at the Cathedral does not seem to have been rigidly adhered to. Readers from the Seminary were used for the Mass at which they were instituted on Sunday 27 February 2000, which was organized at fairly short notice. According to Kairos (28 May - 4 June 2000), page 21:

Show business personality, Bert Newton, will take to the stage of a different kind on Sunday, 28 May - the sanctuary of St Patrick's Cathedral. Bert, presently appearing in a leading role in the musical 'The Sound of Music', will be one of the readers at the special Mass to mark World Communications Day. Others to assist in the 11.00 am Mass will be actors Bud Tingwell, Patricia Kennedy and other media persons who will take part in the Offertory Procession.

The Kairos of 11 - 18 June 2000, page 5, had a picture of Patricia Kennedy at the lectern with the report:

The 34th World Communications Sunday was celebrated in the Archdiocese of Melbourne on Sunday 28 May at St Patrick's Cathedral. In what was an initiative of the Dean, Fr Gerard Dowling and his committee, members of the Catholic media came together in a first of what is planned to be an annual event.

I also recall Eddie McGuire reading for the Footballer's Mass, which I believe took place on Sunday 27 August 2000. So it seems that when it was considered important, the roster was changed. But the right of an instituted reader to read was either not considered important enough, or it was deliberately opposed.

To the best of my knowledge none of the rostered readers are instituted readers. Some of the readers are women, who cannot be instituted as readers. The readers hardly ever wear vestments - the only two exceptions to this I can recall are at the Mass when the readers were instituted on 27 February 2000 and a Mass at which Monsignor Elliott was the celebrant.

The Practice of Instituted Readers as Altar Servers

In the past year, instituted readers from Corpus Christi College have been frequently used in the Cathedral as altar servers. But despite them clearly being available to read, this has been done by those who are not instituted readers, who do not wear vestments. I see this as a further breach of my rights under Canon 846, that the liturgical books be faithfully observed. Specific recent cases of this I observed were with Fabian Smith at the 11.00 am Mass on Sunday 21 January 2001 (at which Very Reverend Dowling was the celebrant) and Peter Damien McKinley at the 11.00 am Mass on Sunday 28 January 2001 (at which Very Reverend Dowling was a concelebrant).

Proposed Questions to Very Reverend Dowling

Very Reverend Waters, in his letter of 13 February 2001 responded to suggested questions being put to Very Reverend Dowling. While some of my evidence above discusses issues I raised in QQ 8-10, I do not insist that they be put to him, leaving that decision to Very Reverend Waters.

Conclusion

I will point out the ongoing nature of this issue. I continue to regard myself as being available to read at the Cathedral, having made myself available by my letter of 4 July 2000. To date, I have not been permitted to read there, which I attribute to Very Reverend Dowling.

[Signed] John Lilburne

JOHN LILBURNE
23 February 2001

Enclosed Documents

A document I received at the seminary before institution, which includes the homily for the Institution of Readers.

Letter from Bishop Manning, 10 August 2000, with Media Release of 7 August 2000.

Newsletter of November 2000, of National Conference of Catholic Bishops/United States Catholic Conference Committee on the Liturgy.

Newsletter of September-October 2000

Kairos (28 May - 4 June 2000), page 21

Kairos of (11 - 18 June 2000), page 5

Books

I have the following books. I intend to leave these with the Tribunal, but this may be impractical. I could bring them in if there were any questions about them.

Documents on the Liturgy (Liturgical Press, Minnesota, 1982)

Book of Blessings (Liturgical Press, Minnesota, 1989)

Rituale Romanum - De Benedictionibus (Liberia Editrice Vaticana, Vatican City, 1993)

Ceremonial of Bishops (Liturgical Press, Minnesota, 1989)

Caeremoniale Episcoporum (Liberia Edritrice Vaticana, Vatican City, 1995)

Directory for Sunday Celebrations in the Absence of the Priest (United States Catholic Conference, Washington, 1988)

Instruction on Certain Questions Regarding the Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priests (St Pauls, Strathfield NSW, 1997)

Institutio Generalis Missalis Romani July 2000 - An English Language Study Translation by the Secretariate for the Liturgy of the National Conference of Catholic Bishops (Washington, 2000)

Institutio Generalis (Liberia Editrice Vaticana, Vatican City, 2000)

[This correction is from page 48 of the Acts]:

Today I saw Peter-Damien McKinley instituted as a reader at St Patrick's Cathedral, at the 11.00 am Mass. So I was incorrect in believing he had already been instituted. Hence I was wrong in writing in my Additional Proofs, page 9, that a case of an instituted reader not reading when he was available was: "Peter Damien McKinley at the 11.00 am Mass on Sunday 28 January 2001".

My belief that Peter Damien was an instituted reader was mistaken. It was based on him being a seminarian, who was senior to those in second year. It had been the intention to institute such seminarians last year, as indicated by the document submitted by Very Reverend McKenna. It now seems to me that Peter Damien was not available for the institution ceremony on 27 February 2000.

I regret this mistake in my evidence, and request that this correction be added to the Acts of the case.

JOHN LILBURNE
Sunday 25 February 2001.