Tuesday, 30 January 2018




Some Thoughts on Pope Francis' Motu Proprio of
3rd September 2017 - amending Canon 838


By Peter Garrick

Bishop Charles Drennan has done us all a great service by his observation that it is the principles of translation behind the new translation of the Mass that unfortunately result in its evocative language  often being marred by “clunky sentence construction and often awkward vocabulary”. (Welcom October 2017)


He sees help on the horizon with Pope Francis’ Motu Proprio Apostolic Letter Magnum Principium   which from 1 October 2017 amends Canon 838 and subsequent regulations so that authority to prepare, approve and publish liturgical texts in local languages moves to local Bishops’ Conferences.


The depth and significance of Pope Francis’ change in Canon Law so as to enable the changes envisaged in the Vatican II Constitution on the Sacred Liturgy be better implemented may take some time to appreciate.  




The below comparative table highlights the changes.


These changes in Canon Law give effect to Pope Francis’ desire to overcome the difficulties that arose from the implementation of the principles of translation contained in the Congregation for Divine Worship and the Discipline of the Sacraments 2001 document Liturgiam Authenicam which tied vernacular translations of the Roman Missal to a word by word translation of the Latin.


It is to be noted that Pope Francis introduces within the context of Canon 838 a new section to ‘recognise adaptations approved by the Episcopal Conference according to the norm of law’ which places within this Canon an affirmation of the importance of enculturation within the liturgy.




Rome still retains the responsibility to ’confirm’ (previously ‘review’) local translations.  But the initiative to prepare these has been localised to include ‘Episcopal Conferences sharing the same languages’ and ‘Liturgical Commissions’ of local Bishops’ Conferences (who among other things prepare texts for local feasts and events).


1983 Code of Canon Law
Pope Francis’ 1 October 2017 amendments:
‘in the future can. 838 will read as follows’
Can. 838 §1. The direction of the sacred liturgy depends solely on the authority of the Church which resides in the Apostolic See and, according to the norm of law, the diocesan bishop.
 
§2. It is for the Apostolic See to order the sacred liturgy of the universal Church, publish liturgical books
and review their translations in vernacular languages, and exercise vigilance that liturgical regulations are observed faithfully everywhere.

 §3. It pertains to the conferences of bishops to prepare and publish, after the prior review of the Holy See, translations of liturgical books in vernacular languages, adapted appropriately within the limits defined in the liturgical books themselves.

 §4. Within the limits of his competence, it pertains to the diocesan bishop in the Church entrusted to him to issue liturgical norms which bind everyone.

Can. 838 – §1. The ordering and guidance of the sacred liturgy depends solely upon the authority of the Church, namely, that of the Apostolic See and, as provided by law, that of the diocesan Bishop.
§2. It is for the Apostolic See to order the sacred liturgy of the universal Church, publish liturgical books,
recognise adaptations approved by the Episcopal Conference according to the norm of law, and exercise vigilance that liturgical regulations are observed faithfully everywhere.
§3. It pertains to the Episcopal Conferences to faithfully prepare versions of the liturgical books in vernacular languages, suitably accommodated within defined limits, and to approve and publish the liturgical books for the regions for which they are responsible after the confirmation of the Apostolic See.
§4. Within the limits of his competence, it belongs to the diocesan Bishop to lay down in the Church entrusted to his care, liturgical regulations which are binding on all.

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