Bishop Brian Noble of Shrewsbury has appealed against a ruling by the Congregation for Clergy in Rome which said he had wrongly applied canon law when closing a church in Merseyside.Last year Bishop Noble ordered Ss Peter and Paul, known as "the Dome of Home", to be closed on the grounds that it cost too much to maintain and that the congregation was not big enough.
But the congregation said the bishop had "incorrectly applied" canon 1222 §2".
This stipulates "et dummodo animarum bonum nullum inde detrimentum capiat" - that the good of souls not be harmed by the bishop's closure of a church.
The ruling came after parishioners lodged an appeal with the congregation last year.
The parishioners, campaigning under the banner of Save Our Unique Landmark (SOUL), announced last week that they would take legal action against the diocese.
They claimed the diocese had confirmed it would "not abide by its written pledge 'to be bound by the decision of the Congregation in Rome'" and had refused to to re-open the church despite the Vatican ruling.
The Ss Peter and Paul parish now worships at a nearby Anglican church under a temporary church-sharing arrangement.
An official at the Congregation for Clergy said last week: "We've received it [the appeal] and it's under consideration as any appeal would be. The information presented by the diocese is under consideration."
The official said that after the congregation's ruling had been made all parties had a right "to have it reviewed and then further reviewed by the Apostolic Signatura [the highest judicial authority in the Church besides the Pope]."
Asked how long the process was likely to take, the official said: "It depends on the situation. This one is complicated, and so depends on the nature of the particular case. If you have a church which is falling down around you and no one can afford to pull it together then you're in a different world. Where there are many elements to be considered and differences in views with regards to the facts of this case, that requires more time."
The Diocese of Shrewsbury would not confirm or deny that it had appealed against the decision from Rome.
A spokesman said: "The Diocese of Shrewsbury does not comment on anonymous or unattributable sources and the diocese stands by its statement already issued to you."
A previous statement by the diocese said the Vatican ruling had confirmed that "the procedures for closing the church of Ss Peter and Paul, New Brighton, were carried out correctly".
It said: "In addition [the diocese] also notes that the primary concern, which it shares, is that the Catholic community should have a permanent place of worship. Everything will be done to achieve this objective."
Cathy Nelson, a leading member of the SOUL group which is campaigning to save Ss Peter and Paul, said there was a "marked absence" on the part of the diocese of any "consideration for the welfare of our spiritually damaged community".
The Grade II-listed Ss Peter and Paul church was built in the 1930s with money raised by Fr Tom Mullins, known at the time as "Pope of the Wirral".
The church was called "the Dome of Home" because it could be seen from out at sea by sailors as they made for the Mersey.
One parishioner, Tom Tolond, was present at its first Mass in 1935 as an altar server and also at one of the final Masses last year.
+++++++++++++++++++++++++++++++++++++++++++++
Disclaimer
No responsibility or liability shall attach itself to us or to the blogspot ‘Clerical Whispers’ for any or all of the articles placed here.
The placing of an article hereupon does not necessarily imply that we agree or accept the contents of the article as being necessarily factual in theology, dogma or otherwise.
SIC: TCH