Ministerium Iustitiae Volume II
The Lex propria and More recent Contentious-Administrative Jurisprudence of the Supreme Tribunal of the Apostolic Signatura
Translated and Compiled by William L. Daniel
Librairie Wilson & La Fleur, Chambly, Qc, Canada, 2021, 762 pages
ISBN: 9782924974087
The importance of this book to English speaking Canonists cannot be overstated. Together with Volume I of this opus, it changes the entire practice and ministry of canon law in the Church. Latin is still the official language of the Catholic Church. Canonists who do not have the necessary proficiency in Latin to translate legal sentences, and very few do, have been practicing canon law with the proverbial one hand tied behind their back, until this and Volume I were published. Having this resource available will enrich and enhance the practice of canon law in the Church, and as a result, the Church’s ministry to its people seeking justice in the Church.
In this second volume Professor Daniel once again provides a valuable tool in his excellent and thorough translations into English, of fifty-three causes, decrees and themes of the Supreme Apostolic Signatura. These come from the Signatura beginning with a cause from 2006 on “The Exercise of and Readmission to Priestly Ministry” and ending with the 2014 contentious-administrative recourse on “Abandonment of Recourse”. What is nestled in between is a myriad of legal nuggets involving everything from a pastor’s loss of office (for different reasons) to several causes concerning suppression of a parish.
Professor Daniel groups the topics of the sentences to those concerning priestly ministry, parishes and sacred places, members of religious institutes and associations of the faithful, and miscellaneous matters. He completes this work with the answers to eleven procedural questions that were decided before the Signatura. Even though these decisions are not the most recent, they concern many contemporary questions involving interesting issues with lay people, Church employees, and parishes.
Some of the decisions are dry and at times littered with Roman high handedness. But this is due to the original author of the sentence and not the translator here. Professor Daniel has remained faithful to every letter of the decisions in the English translations. That can disclose much about the personalities of the judiciary of the Supreme Apostolic Signatura. Professor Daniel finds the case involving Bishop Antoni Stankiewicz most interesting in light of Bishop Stankiewicz’s work at the Apostolic Tribunal of the Roman Rota before he served in the Supreme Apostolic Tribunal. (Page 143). In many ways his written sentence here reflects that experience, which no one else at the Signatura mirrors.
This tome begins with a full translation into English of the Lex propria of the Signatura. This is a necessary tool to master before reading the sentences within. It gives a clear insight into the law that governs the Signatura itself, and its history to this fruition. Authors commonly refer to three sections of competency of the Apostolic Signatura and use terminology of Pope Paul VI in Regmini Ecclesiae universe. They are the strictly judicial matters, the contentious-administrative matters, and the disciplinary-administrative matters. Exploring this in the Lex propria before diving into the decisions within can be most important.
Before each sentence there is a summary of the case in a nutshell form. This is most helpful in understanding for future use in legal research and canonical writing based on the sentences. Finally for the technical layout are the four Appendices in this book. As if translating these decisions was not hard work enough, Professor Daniel has added four remarkable appendices of subjects, norms cited, persons and decisions. These Appendices add to the inestimable value of this book.
Many of the decrees and sentences of this Volume II have already been published in canon law journals internationally. Those translations have been in the vernacular of that journal. Some of the sentences here have not been previously published. Professor Daniel points out that those unpublished pieces were shared by the Signatura for the purpose of enriching this Volume (along with Volume I) for the purpose of promoting knowledge of Signatura jurisprudence. This volume is the answer to the prayers of all English-speaking canonists. As required by the Signatura, the original Latin and Professor Daniel’s translations are side by side on every page. That is because the only official text of these decrees and sentences is the Latin text, drawn up by the authority of the Apostolic Signatura. The English translation has been reviewed by the Apostolic Signatura and its publication authorized by it, but the work of Professor Daniel is considered unofficial and private, used only to assist canonists and in facilitating the study of the Signatura jurisprudence.
As stated, this is the second of two volumes. Each were ten years in the making. Both should be on the nightstand of every English-speaking canonist to be savored decision by decision, much like a great collection of short stories. Professor Daniel is humble in acknowledging two entities necessary for the completion of this work. He very warmly thanks the late Doctor Ernest Caparros for his conception of the translations for publication. Professor Daniel’s most important thanks go to his family with his wife Meredith, their seven children and his own parents. Perhaps one of these lovely progenies can be inspired to learn Latin in their father’s footsteps? Professor Daniel has tried but no takers, yet.
When he started Volume I, Professor Daniel anticipated producing a series of five volumes. More canonists are not going to learn Latin to this level in the future. Five volumes? Please, do not stop there!