Archbishop Issues Decree: Fr. Bozek Found Guilty of Simony and Other Serious Ecclesiastical Crimes; Sanctions Imposed (UPDATED)

In an official Decree of Extra-Judicial Adjudication published in the St. Louis Review today, Archbishop Burke has found Rev. Marek Bozek guilty of eight canonical delicts (ecclesiastical crimes) against Divine and Canon Law:

--Pertinacious rejection (after admonition by the Ordinary) of infallible Church doctrine that women cannot be validly ordained (cann. 750, s. 2; 1371, para 1);

--Simony (the trafficking of spiritual goods for temporal benefits) (can. 1380; see Acts 8:18);

--Prohibited participation in sacred rites (can. 1365);

--Simulation of the administration of a sacrament (can. 1379);

--Usurpation of an ecclesiastical office (can. 1381, s.1);

--Illegitimate exercise of the priestly ministry (can. 1384);

--The external violation of Divine or Canon Law, which because of its special gravity demands punishment, and which is coupled with the urgent need to prevent and repair scandal (can. 1399);

--Public incitement of subjects to animosity or hatred towards, and provoking disobedience of, the Apostolic See and the Ordinary (can. 1373).

Upon finding Bozek guilty of the above delicts, the Archbishop made several pronouncements: Because Bozek has been found guilty of simony, the Archbishop has decreed that "any convention, lease, contract, quasi-contract, hiring, loan, or other agreement, even if only tacit or evidenced from circumstances, by which any monetary increase, benefit, assumption of debt, pension, insurance, legal service or temporal advantage has been or will be provided in compensation for or in recognition of the celebration of a Sacrament" by Bozek "is hereby declared to be null, utterly void, and unenforceable because it is contrary to Divine Law and the sacred canons".

Furthermore, the Archbishop decreed, "Any baptized Catholic who is party to, directs, engages in, votes for, or authorizes the creation or execution of any of the aforementioned simoniacal conduct commits that most abhorrent sin against the Holy Spirit and is, thereby deprived of good standing in the Catholic Church and imperils the salvation of his soul."

Moreover, because the simoniacal conventions claimed to exist between Fr. Bozek and the Board or other persons are null and void, the Archbishop has imposed the ferendae sententiae penalty of restitution "of all monies and material benefits, received by the Reverend Bozek, to their baptized and non-baptized contributors alike".

Also, His Grace imposed upon Bozek the penalty of ferendae sententiae interdict by reason of having committed all eight delicts above.

Since Bozek attempted to concelebrate the Eucharist with "individuals not possessing valid Holy Orders or Apostolic Succession", His Grace also took the step of denouncing Bozek to the Holy See and the Congregation for the Doctrine of the Faith so they may exercise their reserved jurisdiction over the apparent commission of this crime.

Finally, as anticipated in recent days, His Grace has remanded an accusation of protracted contumacy in schism (can. 1364, s. 2) for a judicial penal process so that the penalty of dismissal from the clerical state can be considered. Contrary to Bozek's public accusations, this is a judicial process wherein he has the right to legal counsel and to present evidence in his favor before a panel of three judges.

Full text of Decree of Extra-Judicial Adjudication here.

Further analysis and commentary here.

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Update from full story in the St. Louis Review:

Some enlightening comments from the Review shed further light on the nature of the judicial procedures for laicization and also contain an interesting comment about the Archbishop's posture toward the St. Stan's Board:

Father Bozek has the right to a canonical penal trial, during which the Archdiocese of St. Louis will present proof that Father Bozek’s actions require his dismissal from the clerical state. Father Bozek will have the right to present his defense, and use the services of an approved canon lawyer.

The process will be conducted by three judges, who, by Church law, are required to be priests who are experts in canon law. These judges will be appointed by the archbishop. The archbishop has already assured Father Bozek that all three judges will be from outside the Archdiocese of St. Louis and the Province of St. Louis, which covers the whole state of Missouri.

After deliberating the facts, the judges will render a decision. Depending on the decision, the archbishop can impose a penalty, which includes asking for Father Bozek to be dismissed from the clerical state. If that happens, the decision will have to be ratified by the Holy See, through the Roman Rota, which is the appellate judicial court of the Catholic Church.

Both sides can appeal the decision of the three judges. Archbishop Burke did not address the status of St. Stanislaus with Father Bozek. The archbishop has said he is willing to discuss it, however, with the board of directors of St. Stanislaus Corp.

Since Dec. 29, 2005, the St. Stanislaus Kostka Corp. is no longer a part of the Roman Catholic Church. The six directors of the board, along with Father Bozek, were declared to have excommunicated themselves from the Church after the directors offered the job of pastor to Father Bozek, who already was not in good standing with the Catholic Church. Father Bozek accepted the offer, and thereby committed schism. In the Catholic Church, only a bishop can appoint priests to parishes.

The archdiocese is offering assistance to those who have invalidly received the sacraments of Penance or Confirmation or had their marriage invalidly witnessed by Father Bozek.

St. Stanislaus members received extensive coverage in the media March 2 when some parishioners spoke at a board meeting about positions that Father Bozek has taken that are in opposition to Catholic Church teachings. Cited are his support for the ordination of women as priests and offering Communion to those who are divorced and remarried without an annulment and to practicing homosexuals.

Archbishop Burke said he has not had direct contact with the members, but "I believe that many of the people who follow Father Bozek are people of good faith who have simply been deceived."

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Very interesting, that the Archbishop has declared himself willing to discuss the situation of St. Stanislaus with the Board of Directors, and has, as previously, offered assistance to members of the former parish who received invalid sacraments from Bozek. The door is wide open for any or all Board Members who have any sense, and who can read the writing on the wall. Let's pray that they take advantage of the opening.