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FOLLOWING COIINCH. SPEECH
The Southern Cross, October 7, 1965—PAGE 7
Panel Discusses Church Divorce Stand
By Father John Donnelly
VATICAN CITY (NC)—The
possibility of changing the
Church’s stand on divorce was
discussed at the meeting of
the U. S. bishops’ ecumeni
cal council press panel here
after the topic was brought
up in council debate.
Earlier in the day (Sept.
29), Archbishop Elie Zoghbi,
Melkite Rite patriarchal vicar
for Egypt, had called for a re
consideration of the Church’s
ban on divorce and remarri
age in cases of abandonment
and mental illness. To back
up his appeal he cited the
centuries-old practice of al
lowing divorce in the Eastern
churches—both Orthodox and
once even the Catholic—and
the writings of the Fathers of
the Church, both Eastern and
Western.
Can the Church, he asked,
demand “heroic virtue” of
spouses left’ to face a life of
solitude unless the Church
intervenes?
(Later, at Monday’s council
session, Archbishop Zoghbi
pointed out that in his Sept.
29th council speech, which
he said had a “strictly pas
toral purpose,” he had not
once used the word “di
vorce.” What he intended to
suggest for families disrupted
by mental illness or desertion,
he said, was a dissolution of
the marriage bond similar to
the so-called “Petrine Pri
vilege”.
The “Petrine Privilege” is
the name given to declarations
by the Church that a marriage
is dissolved by her power when
the question of the faith of the
Catholic party is involved in
continuance of the existing
bond. It is similar to the “Pau
line Privilege” in that it is
a dissolution of only the na
tural bond and not of the sa
cramental marriage. A mar
riage would be sacramen
tal only if both parties were
baptized in a Christian faith.
It differs from the “Pauline
Privilege” in that it is granted
for a marriage, even when
performed within the Catholic
Church, in which one of the
parties is already baptized.
The “Pauline Privilege” con
cerns marriage between two
nonbaptized persons one of
whom later becomes a Ca
tholic. The Church’s common
teaching is that sacramental
marriage once consummated
cannot be dissolved.)
At the press panel experts
on the Eastern churches,
canon law and Scripture sug
gested possible avenues of ap
proach for a further review.
Although the Church’s com
mon teaching states that a
marriage validly performed
and consummated between two
baptized parties cannot be nul
lified, a guest panelist, Msgr.
John Quinn, canon law ex
pert from Chicago, suggested
that a study could be made of
the word “consummation.”
Though the Church has been
interpreting this in the phy
sical order, he said, “only
10% of marriage relations are
in the physical order--90%
are on the psychological
level.” He suggested a study
to determine whether marri
ages not “consummated in the
psychological order” could
not be dissolved.
A panel member Father
Francis J. Connell, C.SS.R.,
agreed with the possibility of
such a study, but said that
even if its conclusion were
favorable, the Church’s prin
ciple would remain intact:
“Consummated sacramental
marriage--one between two
baptized persons of no matter
what religion--cannot be nul
lified.” Father Connell is a
former dean of the school of
sacred theology at the Catholic
University of America.
Another area of study is
suggested by history, accord
ing to a guest panelist, Father
John Long, S. J., of New York,
expert on Eastern churches of
the Vatican’s Secretariat for
Promoting Christian Unity.
He noted that in the Byzantine
Orthodox Church the only pos
sibilities of divorce are adul
tery and death.
Some, he said, have inter
preted the word “death” in
the sense of “moral death —
that is, long separation, un
certainty as to whether the
other party is still alive, in
curable disease, even exile to
Siberia among the Russians.
These were the practices to
which Archbishop Zoghbi re
ferred.”
He said the archbishop had
in mind this custom goingback
at least to the sixth century
and mentioned specifically in
the code of Emperor Justinian.
The Byzantines have always
accepted this, he said, though
Byzantine-rite catholics are
now bound by 1949 legislation
against it.
Father Long said the prac
tice can be traced up to the
11th century at least, even
when Orthodox and Catholic
Eastern-rite Churches were
united.
Another instance, he noted,
was the practice of the Coptic
Church, at least between the
sixth and eighth centuries, of
allowing divorced and remar
ried persons to return to the
sacraments, “the Church re
fusing to pronounce on the va
lidity of a second marriage.”
He said he considered it
particularly significant that
during the attempts to heal
the schism in the Eastern
Church at the Council of Flo
rence (1438-43), “the Ortho
dox practice of allowing di
vorce was not even brought
up as a stumbling block to
unity.’ ’
Another historical prece
dent was cited by panel mem
ber Father Robert Trisco,
professor of Church history
at Catholic University. He
said that permission for di
vorce in case of adultery is
to be found in the writings
of several of the early Church
Fathers of the East, and some
even in the Western Church.
And in the early Middle Ages
the “Penitential of Theo
dore,” Church legislation set
down by the Archbishop of
Canterbury and followed ex
tensively throughout Britain
and northern Europe, allow
ed divorce and remarriage in
the case of a woman’s being
carried off by a warring tribe.
Another panelist said that
“if the Church is going to
conduct a meaningful dialo
gue with the Orthodox, it must
reconsider its interpretation
of Scripture regarding di
vorce.” Father Francis J.
McCool, professor at Rome’s
Pontifical Biblical Institute,
continued:
“Our teaching is based on
the Gospel of Mark — the
oldest of the Gospels on which
the others are based. But
in Matthew 19, 19, though the
condemnation of divorce is
clear, there seems to be an
exception made in the case
of ‘adultery’ or ‘unfaithful
ness,’ depending on the trans
lation. Many think that Mat
thew’s words were meant to
be a softening of the doctrine
apparently contained in
Mark.”
Father Connell said the
Church believes it has the
power to break marriages
which are not sacramental,
and to make decisions —when
it is a question of sacramen
tal marriage—whether a real
bond has been contracted. A-
side from these cases, “the
common teaching” of the
Church since the Council of
Trent (1545-63) at least, has
been that marriage is indis
soluble.
Msgr. Mark J. Hurley, vice
chancellor of theSan Francis
co archdiocese, said that even
regarding cases over which
the Church claims to have au
thority in allowing remar
riage, “there has been a tre
mendous loosening in the last
few years.” He cited the re
cent greater facility in ob
taining decrees of nullity in
cases involving mental ill
ness, or dissolutions of non-
sacramental marriage bonds.
Many members of the world
press attending the panel ses
sion, one of the liveliest since
the council began, expressed
astonishment at the openness
and honesty of the panelists
in reviewing the Church’s
struggle with the divorce
problem. Some told the N.C.
W.C. News Service that they
had no idea such reapprai
sals were taking place with
in the Church. Others said
it was the first time they
had ever realized the Catho
lic stand on divorce was not
“just an intractable doctrine
thrown out by the Church and
supported in spite of the ago
nizing problems it causes,”
but a real difficulty for the
Church itself.
‘DEICIDE’ CHARGE DROPPED
Revisions Add Strength
To Statement On Jews
By Father John Donnelly
VATICAN CITY (NC)-With
the distribution in the council
of the amended schema on the
Church’s relations with non-
Christians, what was rumored
widely has now become a cer
tainty: the word “deicide”
(God-killing) is no longer used
in the text in condemning an
ti-Semitism.
The word which has become
a cause celebre since the do
cument was first introduced
was contained in its fourth
section dealing with the
Church’s attitude toward the
Jews. The text termed un
christian the conduct of
Christians who charged --and
still charge --the Jewish peo
ple with “deicide” because of
the Gospel account of Christ’s
death.
At the meeting of the U. S.
bishops’ council press panel
following the distribution of
the revised text, regular and
guest panelists seemed un
animous in assessing the new
text as stronger than the old
one in condemning anti-Semi
tism, including the addition
of the word “anti-Semitism”
itself. Though “deicide” will
no longer be contained in the
text if the council Fathers ap
prove the new version, pane
lists pointed out, it is con
tained in an explanatory note
with a clear explanation for its
omission.
Why was it omitted? Fa
ther Robert Trisco, Church
history professor at the Ca
tholic University of America,
said some Fathers wanted
it removed to avoid any no
tion of “collective guilt” on
the part of the Jewish peo
ple for Christ’s death. Others
thought the word is ambigu
ous, and that it may imply
that the Church is abandon-
in the teaching that Christ
was God.
Guest Panelist Msgr. John
Oesterreicher, director of the
Institute of Judaeo-Christian
Studies at Seton Hall Univer
sity, Newark, N. J., said
the explanatory note points
out that the word “deicide”
has an ugly ring and must
disappear from the Christian
vocabulary. The priest, a
convert from Judaism, said
he was convinced that the new
wording is stronger than the
former even with the omission
of the word.
Father Thomas Stransky,
C.S.P., of Milwaukee, an of
ficial of the Vatican’s Secre
tariat for Promoting Chris
tian Unity, which framed the
document, said the removal of
the controversial word was
done after “serious question
ing by the secretariat itself
whether it would substantially
change the text.”
“It is a complex question,”
he said. “The word itself
has many overtones, and its
use is so emotion-packed that
some thought it should be eli
minated. Others — for the
same reason — thought it
should be kept. Some thought
it indicates the incorrect theo-
lgical notion that God was
crucified (rather than Jesus
in His human nature). Others
felt that it was being used as
a political club and that its
retention would encourage
such use.
“The secretariat decided
there was not a substantial
change in omitting the word.
That is why we are putting
it to a vote.”
He said that when the coun
cil comes to vote on this and
other amendments to the text
accepted in substance during
last year’s council session,
it will require a two-thirds
vote of the Fathers to accept
the new wording. Unless two-
thirds of the Fathers vote to
remove the word “deicide”,
it will remain in the text.
Father Stransky said he felt
that “most of us are forget
ting that this chapter four on
the Jews is only one of five
in the schema. Future his
torians may well judge the
document in the light of the
other chapters. It is in fact,
the first time in history that
the Church will have recog
nized offically the good con
tained in non-Christian reli
gions, such as the Moslem,
Hindu, Buddhist and others,
and will have attempted to
reach out to them as bro
thers.”
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ACCLAIMED by members of the Catholic Press Association and the Interna
tional Union of the Catholic Press, Pope Paul enters St. Peter’s basilica to
celebrate Mass attended by the two groups. (NC Photo)
OCTOBER 4th
Council Meeting Echoes
Pope’s U.N. Peace Plea
By Father John P. Donnelly
(N.C.W.C. Newsservice)
VATICAN CITY (NC) - As
Pope Paul VI winged his way
across the Atlantic to address
the world’s political leaders
at the United Nations, the
world’s bishops met in the
ecumenical council to support
him with prayer.
NEW YORK (NC)—Viewing
the Pieta in its setting in the
Vatican Pavilion at New
York’s World Fair, Pope Paul
VI expressed confidence that,
“through the intercession of
our Blessed Lady,” his
prayers to Christ for peace
will bear fruit.
After viewing the sculpture,
shortly before enplaning for
Rome, His Holiness said:
We have come to see the
beautiful setting for the mas
terpiece of Michelangelo, the
Pieta. It is easy to under
stand how so many millions
of visitors have been attracted
by this precious sculpture in
tended to honor the Blessed
Lady and her crucified Son.
We are confident that it
has moved countless souls
and has given inspiration to
artists, to imitate the genius
The day’s debate (Oct. 4)
made perfectly clear their
solidarity with his message
of peace and brotherhood a-
mong all men and the abandon
ment of the armaments race.
Coadjutor Archbishop
Pierre Veuillot of Paris call
ed on the council Fathers to
address themselves specifi-
of this great artist.
W e have offered our prayers
to Christ, the Good Shepherd,
whose message of peace and
concord we have come to pro
claim and we are confident
that through the intercession
of our Blessed Lady our pray
ers will bear fruit.
As we gazed on this moving
masterpiece, we could not but
think of the religious convic
tions which moved the young
Michelangelo to such heights
and to such a magnificent re
sult. We feel that these same
religious convictions can
move men in a similar way to
seek peace and harmony
among the peoples of this
world.
We bless all of you, invok
ing upon you an abundance of
heavenl y blessings and
graces.
cally to the “greatestproblem
facing modern science”
how to control and use the po
wer of the mighty nuclear for
ces they had released.
The opening Mass—for the
feast of the great symbol of
peace,St. Francis of Assisi—
was celebrated by Bishop Si-
ro Silvestri of Foligno, near
Assisi, where St. Francis gave
his rich garments to the poor
and set about his mission to
preach peace and brotherhood
among all men.
During the Mass the world’s
bishops recited in unison the
prayer of the faithful after
the Creed;
For the Holy Church of God,
that as a sign of peace among
nations it might shine to all
men of good will.
For Pope Paul, that he might
show the family of nations the
way to peace.
For all who govern nations,
that they might be moved by
the desire in the hearts of
all men for peace and pro
mote justice and unity among
all peoples.
For public institutions fos
tering peace among nations,
that they might check the
growing preoccupation with
armaments and direct the
thoughts of all men toward
peaceful efforts.
For all who suffer the ef
fects of war and persecution,
so that one universal peace
may be restored to the world
and so that they may find con
solation.
POPE PAUL SAYS ,
Blessed Virgin Will
Aid In Peace Quest
ONLY 54 AGAINST
Heavy Vote For
Revamped Curia
VATICAN CITY (RNS)
The Second Vatican Council,
at its 137th general congre
gation, voted overwhelmingly
in favor of reorganization of
the Roman Curia. It also
endorsed internationalization
of the Curia and the Vatican
diplomatic service, tradition
ally composed of Italians.
Seven votes were taken on
the introduction and first
chapter of the schema on the
Pastoral Office of Bishops.
lates in favor and 51 opposed.
Involved in the vote also was
a proposed reform in the sys
tem of papal nunciatures and
apostolic delegations through
which the Church is repre
sented in countries around the
world.
The proposal for interna
tionalizing the Curia and also
the Vatican diplomatic service
was approved by a 2,041 to 54
vote.
The schema represents a
practical application of the
Council’s teaching on colle-
giality which was set forth in
the Constitution on the Church,
approved last year. Among
other matters, the schema,
which has already won gene
ral approval treats of the au
thority of local bishops in re
lation to the c uria.
The vote on reorganization
of the Curia showed 2,070 pre
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