I had to translate this lengthy commentary so I could not post it earlier, but it represents yet another clear-eyed commentary on the latest
Bergoglio show of autocratic even if illegitimate and unwarranted force by a respected Vaticanista who, until Amoris laetitia, had tried to
give this pope and his pontificate every benefit of the doubt. No longer, obviously...
The Order of Malta: Looking at
the roots of the confrontation
Translated from
January 25, 2017
“Distinguished members of the Sovereign Council, I hereby inform you that His Eminent Highness Fra’ Matthew Festing, Grand Master of the Order, submitted his resignation on January 24 to the Holy Father Francis who accepted it”.
That is how the Cardinal Secretary of State Pietro Parolin begins his letter to the members of the highest governing body of the Order of Malta. The letter, dated January 25, also stipulates that from hereon, it would be the Grand Commander who would take on the reins of government
ad interim.
The letter constitutes the final act of a very harsh controversy, without precedent, between the Order and the Holy See but also within the Order itself. But it certainly is not the conclusion of an episode which still has many obscure aspects.
Recapitulating, let us recall that the now ex-Grand Master, Robert Matthew Festing, an Englishman from Northumberland, son of a British military officer, descendant of a Knight of Malta who was martyred in 1539, wrote out his resignation during a face-to-face confrontation – which we can imagine would have been rather dramatic - with Pope Francis. Why did he do so?
The crisis began last November when the Grand Master, the sovereign authority in the Order, dismissed the Grand Chancellor (foreign minister as well as chief executive) Albrecht Freiherr von Boeselager, a German jurist, son of Baron Philipp von Boeselager, a cavalry officer who was involved in the failed assassination attempt on Hitler on July 20, 1944.
The facts in contention date back to the time when Boeselager was the Grand Hospitaller (in charge of the Order’s worldwide charitable work), with the accusation that, in the context of humanitarian and medical assistance made available by the Order, he did not prevent the distribution of condoms and artificial contraceptives, and even of abortifacients, in Africa and Asia as a measure against the transmission of HIV/AIDS, which is, of course, a violation of Catholic teaching, therefore, considered a grave misconduct by an official of the Order whose goal is not merely to assist the poor and the sick but also to defend the faith.
But
Boeselager rejected all the accusations [Did he? Initial reports quoted him as defending what he did because he did so as ‘a liberal Catholic’], refused to take responsibility for the charges and twice refused the invitation to resign his post, even when the invitation became a direct order). Therefore, a disciplinary proceeding was also initiated against him.
At this point, the Holy See intervened. Informed of what happened, Pope Francis on December 22
[16] days after Boeselager was dismissed] created an investigating commission to “gather facts that will inform the Holy See completely and as soon as possible” to shed light on the whole affair.
The five members of the Vatican commission are Archbishop Silvano Maria Tomasi, former Vatican observer at the UN office in Geneva; Gianfranco Ghirlanda, Jesuit canonist from the Gregorian University; Count Jacques de Liedekerke, who was Grand Chancellor of the Order in 2001-2004, a Belgian lawyer who founded international legal study centers in Brussels and Antwerp; Marc Odendahl, a Swiss financial expert and administrator of various founjdations; and Lebanse bankere Marwan Sehnaoui.
[The presence of two finance professionals in the five-man commission is interesting, to say the least.].
Festing immediately rejected any Vatican intervention in the internal governance of the order, calling it ‘unacceptable’. He said Boeselager’s dismissal was “an inernal act of governance of the Sovereign Order of Malta which consequently falls solely under the Order’s competency”. In a successive statement, Festing reaffirmed his firm intention not to cooperate with the Vatican commission,
“if only to safeguard the order’s sphere of sovereignty
with respect to initiatives of a form objectively – i.e., beyond intentions which are juridically irrelevant - meant to question that sovereignty or at any rate, to delimit it”.
The sovereignty and autonomy of the Order: that is what Festing was defending. Indeed, it must be remembered that the Order of Malta has a constitutional charter, last reformed in 1977, which states that
“the Order is a subject of international law and exercises sovereign functions” (Art 3, par. 3)
by its own organs of government, its own legislative organs, and its own courts.
Under international law, the Order of Malta is a sovereign State - it issues its own passports, it has diplomatic relations with more than 100 countries around the world, and it is represented at the United Nations and the European Union exactly as the Holy See is.
That is why Festing did not hesitate to send an official note in which he speaks of a ‘mistake’ by the Vatican Secretary of State to even form the investigating commission.
But the Holy See was not backing off.
Its investigation continued and finds out that Boeselager had not committed any irregularity, or at least, not in the terms presented by Festing. [How long did that investigation last? A few hours????] At this point, it was clear that the dispute was really beyond just the specific case of Boeselager’s actions – that it had become a true and proper confrontation betweem Festing and the Vatican.
Since the Cardinal Patron of the Order (i.e., the pope’s nuncio to the Order) is Cardinal Raymond Burke - whom Francis had demoted from president of the Supreme Tribunal of the Apostolic Signatura and is one of the Four Cardinals who sent the pope a letter on their DUBIA about Amoris laetitia (a letter which the pope never answered), and because Burke, throughout the confrontation, has sided with Festing –
the question is whether the Boeselager case is really the casus belli for a conflagration with a much wider scope
Underlying this confrontation are
the economic and financial interests of the Order (it has been revealed, for instance, that a generous Frenchman recently donated 120 million Swss francs to the Order deposited in Liechhtenstein), and
the internal conflicts in the Order, which have been going on for some time,
regarding both the management of its assets, as well as what the Order ought to be: one, as it has always been, which has a strong religious brand that upholds correct Catholic doctrine, or should it be something more secular, more like an NGO that is not bound by any religious restrictions?
Before attempting an answer, let us first try to understand better what the Order is. We can be aided here by the most recent study on the Order – the book
L’Ordine di Malta. Storia, giurisprudenza e relazioni internazionali ((De Luca editori d’arte, 2016), by Piero Valentini.
The author, a military official in Italy’s Financial Guard Service, is a ‘devoted donor’ – one of the categories into which members of the Order can belong to – and as such, he carries out volunteer service in the Order’s Italian aid corps involved in civil protection and humanitarian assistance.
Starting with the Order’s motto (
Tuitio fidei et obsequium pauperum –
’defense of the faith and service to the poor’ – Valentini reconstructs the Order’s history, sets out its international juridical status (even with relation to the Holy See, with which it has a co-equal status under international law), explains the origins and the nature of this juridical status, delineates the functions of the Order’s officials, and illustrates the activities of the Knights of Malta in the contemporary world.
So we find out that the Order if Malta, whose history begins in the 11th century, with the defense of and assistance to pilgrims visiting the Holy Land, is not just one of the oldest Catholic religious orders, but is effectively (as Festing made clear in his initial responses to the Vatican investigation) a primary entity in international law.
Most of its present membership of 13,500 (knights and dames) are lay persons, all vowed to exercise Christian charity, but some of them are consecrated persons, like Festing himself
[but von Boeselager is not].
One becomes a member by co-optation, and in the past, by tradition, the Knights of Malta belonged to European nobility
[Boeselager is a noble Festing is not] although today, nobles are in a minority. But members must be of proven faith and Christian practice, have undisputed morality, and have earned merits related to the Order’s goals.
Today, the Order works especially in the field of medical and social assistance as well as in humanitarian interventions. It works in more than 120 countries, and has diplomatic relations with 104 of them. It manages numerous institutions to carry out its work: hospitals, ambulatory facilities, medical centers, institutes for the aged and the disabled, homes for terminally ill patients. When natural calamities occur anywhere like earthquakes and floods, Malteser International – which is the Order’s aid agency – is always at the front lines. Through CIOMAL (International Committee of the Order of Malta), the Order proides assistance to lepers in places of the world where leprosy continues to be a public health problem.
The highest authority in the Order is the Grand Master, who is elected for life by the General Council of the State. He is assisted by the Sovereign Council, whose members are elected by the General Chapter, which is the Order’s assembly of representatives that meets every five years.
The financing for the Order’s activities comes principally from the generosity of its own members and from private donations. In some countries, the Order has agreements with the local governments. For its activities in the poorer nations, the Order gets financial assistance from the European Commission and other international organizations.
The Order’s central seats (which enjoy extra-territorial sovereignty) are located in Rome. The organs of government and the residence of the Grand Master are located in the Palazzo Magistrale, on via Condotti. The Grand Priorate of Rome, comprising members who live in central Italy, has its seat in the Villa Magistrale on the Aventine hill. This is also the location for the Order’s Embassy to the Republic of Italy.
In his book, Valentini tackles a sensitive topic which has become very relevant in the light of recent events:
how to reconcile the Order’s sovereign prerogatives – equal to that of a true and proper State even if the Order has no territory – with the sacred and apostolic nature of a religious order that, as a religious order, is also under the authority of the Church? How to harmonize the demands of international law and canon law?
The answer lies in the statement of Pope Pius XII on January 24, 1953, which established definitively that
the Holy See recognizes the Order of Malta as a subject of international law and that consequently, “the relations between the two institutions cannot be circumscribed only by canon law but must necessarily be regulated by the norms and practices under public international law”.
In practice,
the papal statement of 1953 says that the Order of Malta is answerable to the Holy See insofar as it is an institute of consecrated life (therefore, on matters which concern the religious and spiritual competencies of its consecrated members), whereas, as an entity with the status of a sovereign State, it is independent of the Holy See in civilian matters.
Thus, the Order has a dual juridical configuration within which – as we are seeing these days – there is room for maneuvering by whoever wishes to make one or the other configuration prevail.
[But is it not quite clear that the Vatican’s canon law authority over the Order as an institute of consecrated life only concerns the religious and spiritual activities of the few consecrated Knights of Malta? Festing’s exercise of his authority as elected Sovereign of the Order does not concern his religious or spiritual life at all, although one can now see that as a consecrated Knight, he does owe obedience to the Holy Father, and could not therefore disobey him when he was summarily asked to resign!]
It must be noted nonetheless that in the Annuario Pontificio which lists all the organisms of the Holy See, the Order of Malta is not listed among the religious orders, but among the embassies accredited to the Holy See. [Obviously, because of the overwhelmingly lay membership of the Order, the Holy See post Pius XII and pre-Bergoglio never considered the Order as a regular religious order as, say, the Jesuits or the Franciscan Friars of the Immaculate.]
Now, let us put Valentini’s book aside, whose contents go far beyond the few facts mentioned here, and turn our attention to the letter sent by Cardinal Parolin on January 25 to the members of the Sovereign Council, in which he announces:
“In order to help the Order in the process of renewal which is considered necessary, the Holy Father will nominate his personal delegate whose powers he will define when he makes the appointment”.
Therefore, the pope thinks ‘a process of renewal’ is ‘necessary’ and that such a process will be led by the pope himself through a personal representative. A renewal towards what? With what objectives? On the basis of what principles?
Right now, we do not know, but
it is clear that the pope wants to carry out substantial changes, that he wants to direct these changes himself, and therefore maintains that he has the juridical power that will allows him to do this – far beyond his competency which covers only the religious and spiritual practices of the Knights who have taken monastic vows.
Cardinal Parolin continues:
The Holy Father, on the basis of the evidence that emerges from the information provided to him, has decided that all the acts committed by the Grand Master after December 6, 2016, are null and invalid. The same is true of the acts of the so ereign Council, such as the election of a Grand Chancellor ad interim.
December 6, 2016, was when Grand Master Matthew Festing, in full possession of sovereignty and in the presence of Grand Commander Ludwig Hoffmann von Rumerstein and by the representative of the pope, Cardinal Raymond Burke, presented Grand Chancellor Albrecht Freiherr von Boeselager with a list of incorrect actions and behavior for which his resignation was requested.
And, as we said earlier, Boeselager, despite his vow of obedience to the Grand Master, refused to resign, even after Festing was then obliged to make the request an order.
Now, it is clear that to declare null and invalid all the actions by Festing and the Sovereign Council after December 6 – including the election of a temporary Grand Chancellor – means not just to repudiate and totally write off the government of the Order but to inflict on it (and has done so already) a heavy penalty. This is the clearest way to show that it is the pope who is in command here.
It must be noted that Parolin’s letter also contains an expression of thanks to Festing for the work that he has done – which is customary in such cases. Yet the letter concludes this way.
The Holy Father, acknowledging the great merits of the Order in carrying out so many works to defend the faith and to serve the poor and the sick, expresses all his solicitude for the Order and hopes for the collaboration of everyone at this sensitive and important moment for its future. The Holy Father blesses all the members, volunteers and benefactors of the Order and supports them with his prayers.
[While I realize that the pope probably had nothing to do with the wording of this letter, especially of these ‘customary diplomatic pleasantries’, my first reaction was ‘Never has a papal blessing ever sounded so fake’.]
In short, while the axe has fallen on Festing’s head, the pope has made clear that he considers the entire Order in his grip.
Before closing, it seems opportune to recall the words that Benedict XVI said to the members of the Order on February 9, 2013, just two days before he announced that he was renouncing the papacy when, with ‘affectionate thoughts for all of you’, he expressed his gratitude for the Order’s work in favor of the neediest. Particularly noteworthy is what Papa Ratzinger said, recalling the first days of the Order:
The occasion for this meeting is the ninth centenary of the solemn privilege Pie postulatio voluntatis dated February 15, 1113 by which Pope Paschal II placed the new ‘hospitalier fraternity’ of Jerusalem named after John the Baptist, under the protection of the Church and made it sovereign, constituting it into an order of ecclesial right, with the faculty of freely electing its own superiors without the interference of any lay or religious authority.
Note the expressions “…made it sovereign… with the faculty of freely electing… without interference…”.
Then, in another passage, Benedict XVI, citing the Order’s motto,
«Tuitio fidei et obsequium pauperum», said:
These words summarize very well the charism of your Order which, as a subject of international law, does not aim to exercise powers and influences of a worldly character, but wishes to carry out in full freedom its own mission for the integral good of man, body and soul, looking towards both individuals as well as the community, especially those who have the greatest need for hope and love.
Note well: “…as a subject of international law” and ‘in full freedom’.
Let us see what comes next...
Has anyone in the Bergoglian media cheering squad come up with any attempted defense at all of this pope's shameless and shameful power-grab and obvious intention to ride roughshod to trample down any opposition to his will???
I am translating next Marco Tosatti's latest commentary on Bergoglio's power games.
P.S. Apparently Austin Ivereigh, who has turned out to be Bergoglio's most ardent paladin in the AL and Malta wars, has come up with a rationale for the pope's actions against the Order: It goes back to alleged actions by the Knights of Malta in Argentina to depose him as Archbishop of Buenos Aires and a whole load of allegedly related series of events that may or not have any merit at all. Andrea Gagliarducci goes into all of it on the premise that ‘one must understand’ anything this pope does in the light of his experience in Argentina.
http://www.mondayvatican.com/vatican/pope-francis-and-the-order-of-malta-a-key-to-understanding-this-pontificate
Which is all fine – we get the Peronist/caudillo authoritarianism, as well as the unilateral ultraliberal policies and actions of the then Archbishop of Buenos Aires with respect to (or probably, better said, without respect for) orthodox Catholic practice. But it surely does not earn Bergoglio any brownie points for allowing his personal pique/vendetta/whathaveyou against the Knights of Malta to cause him to go overboard with a shameless power grab as he has done! Mr Gagliarducci, 'understanding' this pontificate does not in any way diminish i8ts faults nor the gravity of these!
BTW, Ivereigh also adds that when Festing was head of the UK Knights of Malta, he took part in some cover-up of an abuse case, so let’s see how the truth shakes out in that.
The Vatican vs the Order of Malta
Too many questions without answers
in a strange and ugly story
Translated from
What an ugly and strange story we are witnessing with regard to the Order of Malta these days. A story which we are learning bit by bit through dramatic episodes as they are revealed, but with the impression that we are missing many other elements, perhaps very important. [I should say! – since we now have the Ivereign account about Jorge Bergoglio’s personal recriminations against the Knights of Malta in Argentina for having allegedly worked against him years ago in Buenos Aires.]
What we are seeing is an internal confrontation – officially because of the anti-Catholic distribution of condoms, contraceptives and even abortifacients by the Malteser charitable institutions in Asia and Africa – between the now pope-dismissed Grand Master, an Englishman, and the pope-reinstated Grand Chancellor (under whose term as Grand Hospitaller the distribution of the anti-life drugs took place), a German. The latter having the impressively ‘violent’ support of the pope. A position that can only be astounding in a pontiff who does not stop preaching about ‘mercy’.
Behind the scenes, some refer to an old battle that has gone on for years between the German and British chapters for control of the Order which has a formidable treasury. And this, after the Germans had completely deprived the Italian chapter of all authority, according to those who are privy to internal affairs in the Order.
Complicating all this is also the fear – present for years in Vatican circles – that members of a very different group, Freemasonry, have managed to infiltrate the ranks of the Order. Not for any spiritual reasons, but because they see the possibility of doing business profitably as members of the Order.
The Order is of course a sovereign State which issues its own passports and has other sovereign prerogatives, and it does charitable and humanitarian work around the world, which means it has excellent contacts. So it makes for quite a tempting target.
It is probably this element which is referred to in one of Edward Pentin’s reports on this crisis. He says that Cardinal Raymond Burke, Patron of the Order, met with the pope on November 10 to discuss the problem of the distribution of anti-life agents. The pope was said to have been ‘ very concerned’ by what the cardinal reported. And reportedly told Burke explicitly that he wanted the Freemasons out of the Order, asking for appropriate action. On December 1, Burke received a letter in which the pope underscored the cardinal’s duty to promote the spiritual inteersts of the Order and thus prevent any affiliation with groups – or practices – that are contrary to Catholic morals.
On the other hand, there was an ongoing internal process against the Grand Chancellor who was accused of having allowed – or at least of not having been vigilant enough – against the distribution of contraceptives by the Order. He refused to resign his position as first requested and then ordered, and was consequently expelled for disobedience. Which he quickly protested to the Vatican [where he has powerful friends, including the Cardinal Secretary of State].
His appeal found a ready audience. The Boeselager family name is in the Gotha list of the Holy See’s economic experts [ and his younger brother was recently named, amid all this brouhaha, as one of the members of the IOR’s Board of Supervisors] . There are all sorts of connections between that world and Vatican diplomacy, which is under the Secretariat of State.
The Vatican created an investigating commission of which three out of five members prominent figures international Catholic financial initiatives, especially in the Swiss-German area. And almost overnight, this commission presented a report to the pope which was heavily weighted against the Grand Master.
Who, in the meantime, with every valid juridical reasons, rejected the right of the Holy See to interfere in an internal matter of the Order, much less to order a commission to investigate the Order internally. Cardinal Secretary of State Parolin acknowledges that the pope did write a letter to Cardinal Burke advising dialog and not the expulsion of anyone.
Then the story quickly took a more dramatic turn. The Grand Master was called in by the pope, who imposed resignation upon him – who knows how. A Vatican letter then spoke of a 'pontifical delegate’ to be named, immediately raising the thought that the Vatican was taking over the Order administratively [ as it did with the Franciscan Friars of the Immaculate], but it was then made clear that the papal delegate would be concerned only with ‘the spiritual renewal of the order’ [effectively shunting aside Cardinal Burke, whose duty that is as Patron of the Order].
There will be a convocation of the Chapter General and the election of a new Grand Master, but meanwhile, the once dismissed Grand Chancellor has been re-integrated, since the pope has declared that all acts by the Grand Master and his Sovereign Council starting from December 5 are null and invalid. Of course, the law experts are questioning this, but if the interested parties – namely, the Knights themselves – soon proved only to eager to swallow this toad, surely no one can protest in their name!
So, these are the pieces of the puzzle, and anyone can move them as they wish and try to find some sense. Of course, too many pieces are missing, which means that all that many questions remain open.
Is it possible that this whole episode was caused by the distribution of contraceptives in areas where there is a high risk of AIDS? Since I started covering the Vatican, I was always told that in mission areas, when a Catholic spouse has HIV, Catholic missions have allowed the use of condoms.
Is it all because of Cardinal Burke’s ‘rigidity’, as some Vatican circles suggest, in order to add one more blow against the cardinal who is one of the Four who wrote the letter on the DUBIA to the pope. And is not exactly loved by this pope? Could be. But he did get a letter from the pope. Perhaps he understood from his conversation with the pope that he should advise the Grand Master to be ‘severe’ about anti-Catholic elements and practices within the Order. Except that the Vatican soon disavowed him.
There is at least one recent precedent at the Vatican. When Cardinal Pell was given the task of reforming the financial structure and administration of the Vatican, he was told to proceed as he thought best without bothering who might be affected. Like the good football player that he was, the Australian cardinal did exactly that. Except that little by little, he discovered that his Secretariat for the Economy was being peeled off, layer by layer, like an onion. With the pope’s approval.
A friend of mine who has great experience in business, particularly Vatican affairs and finances, thinks that the real key to this whole drama is to be found in the colossal fortune of the Order, and the possibility that it could use this clout to influence the affairs of the Church. [But why would they want to do that all of a sudden? In the past, they impacted the Church by offering their support in material and human resources when the Church had to fight her terrestrial enemies, as at the Battle of Lepanto.]
Why did the pope decided to act so ruthlessly? Did he do it on his own initiative, or was he pushed or advised to do so? Some say that one of the possible reasons is his love for (and closeness) to the Church in Germany.
Also, what did the Pope say, show, or threaten the Grand Master with, who the day before they met, had been so firm in his statements of upholding the sovereignty of the Order, and then in minutes, was prevailed upon to sign a resignation letter then and there, and who knows what else?
Certainly, the outcome of the pope’s audience with the Grand Master is not an example of the ‘dialog’ that he had advised just a few days earlier to resolve the dispute between the Grand Master and the Grand Chancellor. But in the Vatican, no one is surprised at the pope’s capacity to be violent – not physically, but morally. And as we have seen, in small things and large, dialog with the pope seems to be very much like that of the Queen of Hearts with Alice: “Off with their heads!”…
I said this is an ugly and strange story. I would have preferred not to witness it, and especially not that the pope is a protagonist in it.
[Modificato da TERESA BENEDETTA 31/01/2017 03:23]