Introduction - Necessary to be Read

Dear Family members of the Sons, Dear Friends of the Sons, On 11 July 2024 I was convoked to the office of the Bishop of Christchurch. The m...

Thursday, 21 November 2024

No Crime - Only Punishment.

 Corpus delicti  (Latin for "body of the crime"), in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for theft unless it can be proven that property has been stolen. 

We have not been accused of breaking any law. But the local experts in canon law sentence priests and monks who have not broken the law. 

Canon 1321§1 was violated. It states: "No one can be punished for an external violation of a law or precept unless it is gravely imputable by reason of malice or culpability".
Before a punishment a warning is required by Canon 1339§3: "The fact that there has been a warning or correction must always be proven...". There were no canonical warnings, just sudden sentences.


General Precept requiring our departure for no crime committed.
 

Since there was no corpus delicti, no external violation of the law there should be no punishment. Of course there was no warning because there were no violations to be given warning about.

Therefore let us respectfully agree that to suddenly punish a whole group of priests and monks with suspension of priestly faculties and to exile them from their homeland is wrong. It might even be an abuse of power. Catholic Faith and Discipline does not punish people who have been deemed "surplus to requirements", or because they are faithful to the old Mass.

We must hope that the bishop was simply badly advised by his canon lawyers and that soon matters will be favourably resolved so that the peace of Christ may rejoice in the hearts of all.

Wilderness of Mt St Joseph's Kakahu.
No monk or priest is surplus to requirements.
There should be no forced exile from whanau and New Zealand.

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