For those who may not be aware, the Archidiocese of St. Louis recently received a most unwelcome Christmas present.
One of its parishes has gone into schism.
The parish in question, St. Stanislaus Kostka Parish, was a personal parish for those of Polish language or heritage.
For decades the parish has acted in a manner that has been a thorn in the sides of the archbishops of St. Louis. The previous archbishop, Justin Rigali, took canonical steps to deal with the parish before his transfer to Philadelphia. The unwelcome task of having to deal with the parish then fell to his successor, Archbishop Raymond Burke.
The directors of the civil corporation of St. Stanislaus Kostka Parish, which have legal control of the parish under civil law, have modified the bylaws of the corporation to eliminate any reference to the authority of the archbishop or the pastor assigned by the archbishop over the parish.
Rigali and Burke have both insisted that the bylaws be amended to correct this, in accord with canon law, and the Congregation for the Clergy in Rome has insisted that they do so as well.
The directors have refused to do so and have conducted a campaign in the local media against Archbishop Burke, alleging that–among other things–the dispute is over money and that the archbishop is trying to seize the funds of the parish so that it will be unable to properly serve the faithful of the parish.
The Archbishop points out that he has no authority to seize the parish’s funds, but he does want to make sure that the funds are being properly used for the good of the faithful of the parish and that they are not being misappropriated. To that end, he has called for a public audit of the parish’s goods to prevent any misappropriation.
The Archbishop has gone to great lengths to try to reconcile the parish, including a pastoral visit by the Most Reverend Ryszard Karpinski, auxiliary bishop of Lublin in Poland and the delegate of the Polish Conference of Bishops for Polish faithful living outside their homeland.
But instead of pursuing reconciliation with the archdiocese, the parish–which has already been under interdict–has now hired an AWOL priest from a neighboring diocese to attempt to exercise priestly ministry there.
This constitutes an act of schism both on the part of the directors and the priest. Archbishop Burke, one of the most respected canonists in America, writes:
The act of schism, committed by the board of directors of the civil corporation of St. Stanislaus Kostka Parish, was the hiring of a suspended priest, that is a priest who is not in good standing in the Church, for the purpose of attempting to celebrate the sacraments and sacramentals at St. Stanislaus Kostka Church. The priest in question, Father Marek B. Bozek, a priest of the Diocese of Springfield-Cape Girardeau, has left his priestly office of assistant pastor of St. Agnes Cathedral in Springfield against the explicit direction of his bishop, the Most Reverend John J. Leibrecht, and after Bishop Leibrecht had explained to him more than once the gravity of his action and its consequences.
The fact of the matter is that only a priest who is not in good standing would agree to employment by a group of parishioners without the appointment of the diocesan bishop, that is, a group of parishioners who are breaking communion with the Church. All priests serve in communion with the diocesan bishop who serves in communion with the Roman Pontiff. When Father Bozek left his assignment without his bishop’s permission, he was rightly suspended. The penalty of suspension prohibits him from the exercise of his priestly office (cf. can. 1333, §1).
A priest, who knowingly and willingly chooses to attempt to exercise priestly ministry outside of the communion of the Church and, thereby, assists and encourages others in breaking communion with the Church, clearly also commits the ecclesiastical crime of schism. To be clear, it is not only the members of the board of directors of the civil corporation of St. Stanislaus Kostka Parish who are in schism, but also the priest whom they have presumed to hire and who has agreed to be hired.
As a result of this tragic circumstance, the parties in question have automatically excommunicated themselves, and the implications are grave. Archbishop Burke spells some of them out:
The ordained priest who goes into schism, in addition to being bound by the above-listed prohibitions, is also rendered irregular for the exercise of Holy Orders (cf. can. 1044, §1, 2º). In other words, he may not exercise the Sacrament of Holy Orders which he has received. Any Mass celebrated by a suspended and excommunicated priest is valid, but illicit. To knowingly and willingly celebrate the Holy Mass, when one is legitimately prohibited from doing so, is a most grave sin. A priest under the penalty of excommunication does not give valid sacramental absolution (cf. can. 966, §1). Neither can he validly officiate at a wedding (cf. can. 1108, §1).
The celebration of the Sacrament of Confirmation by a schismatic priest is invalid because he no longer has any faculty to do so, either by universal Church law or the granting of the faculty by the diocesan bishop (cf. can. 882). Baptism and the Anointing of the Sick are conferred validly but not licitly (cf. cann. 862; and 1003, §§1-2).
The faithful who approach a schismatic priest for the reception of the sacraments, except in the case of danger of death, commit a mortal sin. All of the faithful of the archdiocese should guard against any participation in the attempt to celebrate the sacraments or sacramentals at St. Stanislaus Kostka Church. Also, they should caution visitors and others who are unaware of the status of St. Stanislaus Kostka Parish, lest they unknowingly participate in the schismatic acts.
Finally, since the civil legal control of St. Stanislaus Kostka Parish belongs exclusively to the members of the board of directors of the civil corporation and they have chosen to lead the members of the parish into schism, I will be obliged to suppress St. Stanislaus Kostka Parish. It is not possible for St. Stanislaus Kostka Parish to remain a parish of the Archdiocese of St. Louis and, at the same time, to operate completely independently of the Apostolic See and the Archdiocese of St. Louis.
READ THE FULL TEXT OF THE ARCHBISHOP’S PASTORAL LETTER.
MORE BACKGROUND ON FR. BOZEK (WARNING: .pdf).
An additional canonical problem is pointed out by Edward Peters, one of the most respected lay canonists in the country. On his blog, he notes:
Fr. Bozek needs to know something here: contumacy for an excommunication imposed for an act of schism is itself punishable, this time, by penal dismissal from the clerical state (1983 CIC 1364 § 2). Moreover, once imposed, penal dismissal from the clergy—not being a censure (1983 CIC 1336 § 1, 5°)—is not reversible by what amounts to offering a sincere apology. Indeed, reinstatement of a “defrocked” priest is reserved to Rome (1983 CIC 293) and is so rare as to be non-existent.
Fr. Bozek should stop and think about that and let the parties to the dispute in St. Louis work out their situation in accord with law.
In other words, if Fr. Bozek does not promptly reverse himself, he could PERMANENTLY destroy his ability to minister as a priest in the Catholic Church.
GET THE STORY.
To all this, I’d like to append two additional thoughts:
1) I am aware that ethnic tensions can, over time, lead to schisms. Ethnic tension between Greeks and Latins played a major role in the Great Schism, and the same thing can happen on a small scale.
But I’m detecting that something else may operating below the surface here. Remember the public audit that the Archbishop has called for? The one to make sure that there is no misappropriate of parish funds? Just suppose that there were misappropriate of funds going on at St. Stanislaus Kostka Parish. Y’think that the desire to avoid an audit and the exposure of this misappropriation could play a role in why the directors of the parish civil corporation seem hell bent on schism despite everything that has been done to reconcile them to the Church?
If it were exposed, misappropriation of funds (or other goods) could result in a loss of power for the individual directors or fines or (for all I know) even jail time. Those could be powerful incentives NOT to reconcile with the Church and allow the audit to be conducted.
And then the directors of the civil corporation seem notably concerned with money–charging (falsely) that the Archbishop wants to seize the parish funds . . . which THEY control.
I have no proof of any wrongdoing, and I am not making any allegations of wrong doing. But my spider sense is tingling and I am suspicious.
2) In his pastoral letter, Archbishop Burke writes:
Let us, through the intercession of Our Lady of Czestochowa, implore our Lord Jesus Christ, the Divine Mercy, on behalf of the reconciliation of those who have gone into schism. Christ, Divine Mercy Incarnate, accomplishes all things. Let us place the dolorous situation of St. Stanislaus Kostka Parish into [his] all-merciful and loving heart.
Amen.