Immemorial Custom and the Missale Romanum of 1962 (usus antiquior)
Author: Gribbin O Praem, Anselm J
Source: Usus Antiquior, Volume 3, Number 1, January 2012 , pp. 15-35(21)
Publisher: Maney Publishing
This article discusses ‘immemorial custom’ and the celebration of the Missale Romanum (1962), now known as the usus antiquior of the Roman Rite. The central aspect of this relates to an immemorial custom de iure that becomes a true law, and the question of whether it retains the bond of custom, to which the bond of law is added (an opinion held by Suarez). On this pretext, before the appearance of the Codex Iuris Canonici of 1983 and Summorum Pontificum of Pope Benedict XVI (2007), some proponents of the Missale Romanum (1962) argued that it may be used by priests, despite the appearance of a new missal and Pope Paul VI’s Apostolic Constitution Missale Romanum (1969), because the latter left the immemorial custom of celebrating the previous liturgy intact. This opinion is examined in the light of Count Neri Capponi’s study, written in the 1970s, wherein he defends it. It is shown, in the light of the Codex Iuris Canonici of 1917 and the opinions of notable canonists of customary law, particularly Gommarus Michiels and Alphonse Van Hove, that this viewpoint cannot be sustained, and should not be proposed today.
Document Type: Original Article
Publication date: 2012-01-01