Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
EXEGESIS ON MOTU PROPRIO SUMMORUM PONTIFICUM BY BENEDICT XVI 123 cate of Benedict XVI.11 In this, the right to celebrate the whole Sacra Liturgia with the various books approved in 1962 was recognised; in other words, the Roman Missal, the Roman Ritual and the Roman Pontifical for conferring orders, and the Divine Office according to the Roman Breviary of that date. But moreover, this is accepted as a consequence of the recognition of a ritus proprius for the established canonical institute. For that reason, it is not unfounded to consider the exclusive use of the aforementioned liturgical books to be a right, that is, a canonically recognised and well-founded right, the suppression or reduction of which would always necessarily require the consent of its owner, in so far as it is an essential aspect of the ritus proprius. III. Rights which recognized by the Motu Proprio Summorum Pontificum The promulgation of SP canonically consolidates ecclesiastical facts, as this “liturgical right”, which is now empowered by SP in a general way erga Ecclesiam. The motu proprio is the result of a better understanding about what, in reality, the liturgical ecclesial act is, and about the variety in its rites. The right recognised by Benedict XVI in SP and developed by the Pontifical Commission Ecclesia Dei in the UE instruction also surpasses all the previous dispositions, establishes a new canon norm with improved criteria and a more correct theological foundation. For the first time since the post-conciliar liturgical reform, the issue is no longer, for example, to grant an indult to those faithful who wish to celebrate Holy Mass according to the typical edition of the 1962 Roman Missal. On the contrary, SP looks to state clearly the obligation that bishops have to tutor, attend and support the wishes, which are also the rights of the faithful. Therefore, all priests of the Latin Church, whether secular or religious, “do not require any special permission” - these are the literal words of SP art. 2 and UE n. 23 - to celebrate according to the typical edition of the 1962 Roman Missal, in the same way as they don’t need to do so with St. Paul Vi’s Missal, if they have the canonical licence to exercise their ministry. If up until 1984 the decision of celebrating Holy Mass following the typical edition of the 1962 Roman Missal, even without the participation of any faithful, required the permission of the Ordinary, and since 1984, as we have already seen, it was enough to have an authorisation from the diocesan bishop, now SP determined that this decision should be in the hands of “the pastor or rector of the church, or the priest responsible” {UE n. 16). But the function 11 Cf. Pontificia Commissio Ecclesia Dei, Deer. Notre Seigneur (8 sept. 2006): La Documentation Catholique 103 (2006) 970.
