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.cit., p 261.407Jungmann, op.cit., p 403; cf.Jedin, Das Konzil von Trient und die Reform des RömischenMessbuches, p 55.A similar type of weekday ferial lectionary was authorised in 1964.408On the customary character of liturgical legislation concerning the Mass before 1570, cf.C.Vogel, Medieval liturgy: an introduction to the sources (English translation), Washington 1986, pp1-20; Noirot, Liturgie (droit) in: Dictionnaire de Droit catholique, VI,.Letouzey et Ané 1957, pp535-594; F.Cimitier, La liturgie et le Droit canonique, in: Liturgia, Paris 1930, pp 29-58.95Two canonists have produced recent studies on the legal aspects of the BullQuo primum409.We are thus brought to a reflection on the relation of liturgicaltradition and ecclesiastical law.The significance of Quo primum is thatliturgical tradition became, for the first time, a subject of ecclesiastical law.The observance of the liturgy became binding under pain of canonicalsanctions.Historians are brought to ask themselves if this event marked theend of liturgical tradition and the beginning of an oppressive system ofjuridism and rubricism410.The Bull of Saint Pius VThe Bull Quo primum was a complete innovation in the history of ecclesiasticallaw.It was the first act of liturgical legislation binding on the whole Church,that the Roman Missal was to become the standard for every Church411.OnlyChurches that could prove at a custom of at least two hundred years standingwould be allowed to retain their own particular rite, by virtue of immemorialcustom412.Both the Roman Rite and other liturgies with a custom of morethan two centuries were thus codified.Liturgical rites thus became a subject ofcanon law.The Bull Quo primum made a law of existing liturgical custom, and was an actof the Council of Trent, for Pius V made reference to its decrees.The Councildecreed the restoration of the Missal, and the Pope ordained its publication.All contrary liturgical custom ceased with the promulgation of Quo primum:henceforth the only Missals allowed were to be the Roman Rite of 1570, andother liturgies of more than two hundred years of custom.This Bullconfirmed the right to use these traditional local rites, and gave all priestswithout exception the right to lay aside an approved rite in favour of the 1570Roman Missal413.In giving this latter right, Pius V conferred a privilege414,also known as an indult: Furthermore, by this present and by virtue of Our Apostolic authority Wegive and grant in perpetuity that for the singing and reading of Mass in anychurch whatsoever this Missal may be followed absolutely, without anyscruple of conscience or fear of incurring any penalty, judgement or censure,409Neri Capponi, Some juridical considerations on the reform of the liturgy, Florence 1975;Raymond Dulac, La Bulle Quo primum, in: Itinéraires, 162 (1972), pp 13-47410Cf.Klauser, op.cit., pp 129-135 (Ch IV, iii, The Congregation of Rites and its working methods).411Capponi, op.cit., p 12.412Ibid., pp 12-13.413Dulac, op.cit., p 40.414Ibid, p 42.Pius V uses the words concedimus et indulgemus, giving a favour from the strictapplication of the letter of the law.96and may be freely and lawfully used.Nor shall bishops, administrators,canons, chaplains and other secular priests, or religious of whatsoever Orderor by whatsoever title designated, be obliged to celebrate Mass otherwise thanenjoined by Us.We likewise order and declare that no one whosoever shall beforced or coerced into using this Missal; and this present Constitution cannever be revoked or modified, but shall for ever remain valid and have the forceof law, notwithstanding previous constitutions or edicts of provincial orsynodal councils, and notwithstanding the usage of the churches aforesaid,established by very long and even immemorial prescription, saving only usageof more than two hundred years 415.According to this privilege, a priest of the Archdiocese of Milan normally usesthe Ambrosian Rite, but he may at any time take the Roman Missal, but maynot be obliged to do so.Nor may he be forbidden from adopting it if he sowishes.One element is missing in the Bull: that of the eventual introductionand promulgation by a Pope of a new rite distinct from that codified in 1570.Having decreed the time that the legislation would come into legal force, PiusV continued by laying down rules for the safeguard of the Missal s integrity.He imposed stiff punishments for printers who did not reproduce exactly theliturgical texts, threatening them with temporal sanctions orexcommunication.He prescribed the same on any publisher or booksellerwho dealt in illegal missals.In the penultimate paragraph, he decrees that no-one whosoever is permitted to infringe or rashly contravene this notice ofOur permission, statute, ordinance, command, direction, grant, indult,declaration, will, decree and prohibition [ Pobierz caÅ‚ość w formacie PDF ]