Ask Fr. Leo: Queries on penitential rites and annulment

Q:

Dear Fr. Leo,

   When I was at Mass in Florida, they did an unusual penitential rite. I didn’t catch it all because it caught me by surprise, but it was not the “I confess,” or the “Lord have mercy” one. It only had two parts, and it was over before I knew what was going on. Any idea what they were doing? Was it Catholic? – B.

A:

Dear B, 

Believe it or not, there are actually three options for what is properly called the Act of Penitence at the beginning of Mass. But before we get into that, let’s put the Act of Penitence into context. After the Sign of the Cross, the presider invites the people to call to mind their sins “and so prepare ourselves to celebrate these sacred mysteries.” It is a marvelously egalitarian communal expression acknowledging that none of us is without sin, yet none of us is beyond God’s mercy. It is also a way for all of us to become even more properly disposed, not just as individuals, but as the People of God gathered in the name of Christ. We are called by name; we are saved as a people. 

There are three options for the Act of Penitence. Form A is the Confiteor (“I confess” in Latin), the prayer that begins “I confess to Almighty God…” followed by the words of absolution by the presider and then the Kyrie without the invocations, or “tropes,” as they are more properly known.

Form B is very rarely used in the United States. It looks like this: 

 Presider: Have mercy on us, O Lord.

 Response: For we have sinned against you. 

 Presider: Show us, O Lord, your mercy. 

 Response: And grant us your salvation. 

Then the priest says the words of absolution and the Kyrie without invocations follows. 

Form C is the Kyrie with the tropes. This can be done by the presider, a deacon, or a cantor. There are eight sets of suggested tropes in the Roman Missal approved for use in the United States. They lend themselves to certain liturgical seasons or common situations of society. They can also be composed for the specific needs of the congregation. However, in doing so, the invocations are never to be about our sinfulness, but rather they are to emphasize the greatness and marvelous acts of God. Thus, we get things like, “Lord Jesus, you are mighty God and Prince of Peace…” or “Lord Jesus, you come in word and sacrament to strengthen us in holiness…” and so on. 

My guess is that the presider used Form B. As I said, it is very rarely used in the United States, but it is an option. 

Q:

Dear Fr. Leo,

   A canon law question for you. A few years ago, my brother got married to a woman who grew up without religion and was unbaptized. She had a terrible prior marriage right out of high school to a Hindu fellow who only wanted a green card. Recently, she decided that she would like to become Catholic and get baptized. Does she need to get an annulment and get their marriage blessed in the Church?  – L 

A:

Dear L, 

Assuming that is the first marriage for your brother, the canonical solution for your sister-in-law is the Pauline Privilege. This is a canonical process that has its origins in the experience of the early Church. Sometimes when a person became Christian, their pagan spouse would divorce them and abandon the marriage. Later on, that person would want to marry a Christian. Sympathetic to these people, St. Paul allowed the dissolution of the first marriage in favor of the second. See 1 Corinthians 7:12-15. 

In modern times, we see a few of these, especially in the fall when Order of Christian Initiation of Adults (OCIA) kicks into gear. To process a Pauline Privilege case, the tribunal uses a simple form and gathers certain documents, including a photocopy of the marriage license and the final divorce decree for the petitioner. For example, in your sister-in-law’s case, we would need to establish that she has never been baptized and that her former spouse has never been baptized. This second part can be a little tricky, but it can be done. We also establish that the marriage began and was ended definitively, thus the marriage license and final divorce decree. Once we have everything in place, upon her baptism the first marriage is dissolved in favor of the faith and her marriage to your brother becomes valid and sacrament. Pretty darn cool. 

Ask the OCIA director at your parish or call the tribunal for more information.

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