Some lnteresting Canonical Insights

by Father Tom Finn C.M.

St. Anthony's was established as a Parish under the law in vogue at that time, which is The Code of Canon Law of 1917.

According to that code, without an Indult of The Apostolic See, a Parish cannot be united to a moral person like the Congregation of The Mission (The Vincentians), completely. This means that the moral person is itself, The Pastor.

It can be said that when St. Anthony's was established, its habitual care belonged to The Vincentians. Its actual care was in the hands of a Vicar, who is know as the Parish Priest.

This Parish Priest, a Vincentian, has the office conferred on him by the Archbishop after being presented to him by the provincial. The Archbishop observes the requirements of the law to determine that priest's suitability.

Once The Apostolic See has joined a Parish to a community any subsequent changes to the Parish will also required the agreement of The Apostolic See. This could even apply to boundaries.

The history of St. Anthony's shows that this is what has happened here. During the war communications with Rome was extremely difficult, so the Apostolic Delegate had e~tensive powers to act on behalf of the Apostolic See. The actual giving the care of St. Anthony's Parish to the Vincentians was in a letter of the Apostolic Delegate, Archbishop John Panico to Archbishop Gilroy which ran:

"By virtue of the Special Faculties given to us by the Holy See of 15 September 1940, and having being petitioned, we grant the Indult, after observing all that is demanded by law, of uniting the Parish of Marsfield completely (pleno iure) to the Congregation of The Mission. Anything to the contrary not withstanding. Given from the residence of the Apostolic Delegation, Sydney, 21 May 1942. "

Once this was done, Fr. Richard Macken C.M., the Vincentian Provincial presented Fr. Eddie Lyons C.M., to Archbishop Gilroy to be appointed the actual Parish Priest and hereby fulfil the Vincentian Community's obligations to the Parish.

An interesting application of this law occurred when the Parish of North Ryde was formed in the mid 1950s. It was Fr. Rossiter C.M., the Provincial, and not Fr. Hayes C.M., the Parish Priest, who meet with the Parish Priests of the neighbouring Parishes to discuss boundaries. This is clear in a letter of Mons. T. Wallace, to Cardinal Gilroy when there was a discussion on the boundaries for the new Parish of North Ryde. He says:

"I have made tentative boundaries agreed to by Father Reeve and Father Coughlin. Father A. Hayes, C.M. said it would be necessary to consult Father Rossiter, C.M. who is in New Zealand and that possibly the case would have to be sent to Rome!! I can finalise these boundaries quite easily."

In 1983, the law of 1917 was abrogated. Now all Parishes come under the authority of the diocesan bishop and the care of that Parish is given to a Priest as its proper pastor, appointed to that office by the bishop. The bishop may entrust a Parish to a clerical community like the Vincentians, but not in a way for the community to be the Parish Priest. The community, through the provincial, simply presents a Priest to the bishop, who then will appoint him as Parish Priest.

All changes associated with the Parish belongs solely to the bishop after proper consultation. For example, boundary changes belong to the bishop after consulting his presbyteral council.