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Pope Saint Paul VI (3 April 1969): “Although the text of the Roman Gradual—at least that which concerns the singing—has not been changed, the Entrance antiphons and Communions antiphons have been revised for Masses without singing.”

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Views from the Choir Loft

Roche’s Rescript • “Canonically Binding? Yes or No?”

Jeff Ostrowski · February 25, 2023

ARLIER THIS WEEK, Arthur Cardinal Roche (who currently serves as CDW prefect) claims to have personally received new legislation from Pope Francis. Specifically, it’s a document dated 20 February 2023, signed by Cardinal Roche, which is being referred to as “Roche’s Rescript.” This document makes a significant modification to TRADITIONIS CUSTODES, an apostolic letter (16 July 2021) which attempted to hinder the growth of the Extraordinary Form. TRADITIONIS CUSTODES had declared: “It belongs to the diocesan bishop, as moderator, promoter, and guardian of the whole liturgical life of the particular Church entrusted to him, to regulate the liturgical celebrations of his diocese.” However, according to the new legislation, Cardinal Roche claims that authority to allow the Extraordinary Form to be celebrated in a parish church belongs to Roche alone, and not to the local bishop.

What is the canonical status of Roche’s Rescript? Some considerations:

(1.) Those who apply any legislation are supposed to take into consideration what is known as “the mind of the lawgiver.” Therefore, it should be remembered that Pope Francis recently (26 September 2021) declared that: “The Holy Spirit does not want closedness; He wants openness, and welcoming communities where there is a place for everyone.”

(2.) When it comes to the mind of the lawgiver, Pope Francis recently (3 February 2023) declared about Canon Law: “We must observe the code, because it is serious, but the heart of the pastor goes beyond it.”

(3.) When it comes to the mind of the lawgiver, Pope Francis approved “Quo Magis” (22 February 2020), which adds to the Extraordinary Form a PREFACE for the dedication of a new church.

(4.) The Church teaches that “salvation of souls is the greatest law.” Bishops must consider the serious scandal that would be caused if Catholics who (literally) paid to have certain parishes built—and I know of many—were kicked out of their own parish just because Cardinal Roche says they must be kicked out. Cardinal Roche doesn’t even know these people! This new requirement seems absurd, unworkable, and contradictory.

(5.) It seems almost satanic to say that parish churches may be used for all kinds of other things (concerts, elementary school pageants, awards ceremonies, and so on) but not for the Sacrifice of Calvary, wherein the Second Person of the Blessed Trinity becomes present on our altars and offers Himself to His Heavenly Father.

What is to be done?

(A.) It is helpful to remember that bishops must use common sense. In every single diocese, bishops are ignoring liturgical laws. To give just one example, Vatican II explicitly mandated that “the Latin language is to be retained by clerics in the divine office” (SC §101). But bishops currently claim that—due to circumstances that have evolved—it would be imprudent to impose that law immediately. Therefore, they dispense their people from it, along with billions of other items they don’t follow. [Several are listed here.] Bishops justify such actions by saying: “It is impossible to follow this law at this moment.” If ever there were a case that merited such justifications, surely the “Roche Rescript” presents such a circumstance.

(B.) Walk into any parish, and you will hear “other texts” replacing the Proprium Missae mandated by the Ordinary Form. If somebody replaces those texts, they are supposed to have explicit permission from the EPISCOPAL CONFERENCE or from the local bishop. Yet, no bishop follows this rule. I’m serious! Walk into any church and listen to what replaces the prescribed Entrance Chant. Listen to what replaces the prescribed Offertory Chant. Listen to what replaces the prescribed Communion Chant. How is such a thing allowed? Again, the bishops say: “It is impossible to follow those laws at this moment owing to certain customs that have developed and therefore trump the letter of the law; we must use prudence.” Indeed, this deplorable, widespread, near-universal abuse of the Proprium Missae makes it absolutely impossible to accept that TRADITIONIS CUSTODES has anything to with maintaining ritual unity.

(C.) On 20 November 2012, the USCCB secretariat for Divine Worship made the astounding claim that church musicians are free to assume a bishop’s (constant and continuous) approval of things he doesn’t even know about. (!) As far as I know, Cardinal Roche has done nothing whatsoever to address this situation. Therefore, some have argued the same procedure—“tacit permission”—could be used with this new system Roche is attempting to implement, wherein Cardinal Roche attempts to act as “moderator, promoter, and guardian of the whole liturgical life” for each diocese instead of each local bishop.

(D.) Any bishop can redesignate churches as “non-parochial” if he feels so inclined. Some bishops have already done this, because they noticed that Cardinal Roche was attempting to arrogate to himself more and more of their rightful authority.

(E.) In terms of the 20 February 2023 “rescript” by Cardinal Roche, this seems to have an impact going forward only. In other words, parishes which already received the ‘dispensation’ from their local bishop before 20 February 2023 would not be affected by this new legislation.

(F.) The local bishop—and not Arthur Cardinal Roche—is the “moderator, promoter, and guardian of the whole liturgical life in his diocese.” The local bishop can lawfully allow the Extraordinary Form in any parish church—just as when parish churches are used for concerts, elementary school pageants, awards ceremonies, and so forth.

Conclusion • We live in a confused world. All of us our sinners. Unfortunately, church laws sometimes contradict one another. Father Valentine Young once told me (I’m paraphrasing): “Disciplinary church laws are made by sinful men, and that’s why they often have to be replaced with new laws. If it were otherwise, we would not need new legislation.” Saint Paul wrote:

“At present, we are looking at a confused reflection in a mirror; then, we shall see face to face; now, I have only glimpses of knowledge; then, I shall recognize God as he has recognized me.” (I Corinthians 13:12)

I wish I could join a diocese in which the local bishop obeys 100% of the laws of the church—but such a diocese does not exist. It is puzzling to see certain bishops ignore laws they don’t like yet embrace laws they do like. Immediately after Vatican II, in spite of what the Council explicitly mandated, certain bishops completely banned Latin in their dioceses! Monsignor Johannes Overath made a list of them (cf. “Crux et Cithara,” 1983). It must have been very confusing to be a priest in such a diocese. I hope these considerations help put things into perspective. At a minimum, there is doubt about how a bishop should view this recent “update” Cardinal Roche says he received.

Finally, we must remember that Canon Law (932 §1) stipulates:

M The eucharistic celebration is to be
M carried out in a sacred place,
M unless in a particular case
M necessity requires otherwise;
M in which case the celebration
M must be in a fitting place.

Opinions by blog authors do not necessarily represent the views of Corpus Christi Watershed.

Filed Under: Articles Tagged With: Bishop Arthur Roche, Roche Rescript February 2023, Traditionis Custodes Motu Proprio Last Updated: February 28, 2023

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About Jeff Ostrowski

Jeff Ostrowski holds his B.M. in Music Theory from the University of Kansas (2004). He resides with his wife and children in Michigan. —(Read full biography).

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Corpus Christi Watershed

President’s Corner

    Why A “Fugue” Here?
    I believe I know why this plainsong harmonizer created a tiny fugue as the INTRODUCTION to his accompaniment. Take a look (PDF) and tell me your thoughts about what he did on the feast of the Flight of Our Lord Jesus Christ into Egypt (17 February). And now I must go because “tempus fugit” as they say!
    —Jeff Ostrowski
    New Bulletin Article • “12 October 2025”
    My pastor requested that I write short articles each week for our parish bulletin. Those responsible for preparing similar write-ups may find a bit of inspiration in these brief columns. The latest article (dated 12 October 2025) talks about an ‘irony’ or ‘paradox’ regarding the 1960s switch to a wider use (amplior locus) of vernacular in the liturgy.
    —Jeff Ostrowski
    “Reminder” — Month of October (2025)
    Those who don’t sign up for our free EMAIL NEWSLETTER miss important notifications. Last week, for example, I sent a message about this job opening for a music director paying $65,000 per year plus benefits (plus weddings & funerals). Notice the job description says: “our vision for sacred music is to move from singing at Mass to truly singing the Mass wherein … especially the propers, ordinaries, and dialogues are given their proper place.” Signing up couldn’t be easier: simply scroll to the bottom of any blog article and enter your email address.
    —Jeff Ostrowski

Quick Thoughts

    “American Catholic Hymnal” (1991)
    The American Catholic Hymnal, with IMPRIMATUR granted (25 April 1991) by the Archdiocese of Chicago, is like a compendium of every horrible idea from the 1980s. Imagine being forced to stand all through Communion (even afterwards) when those self-same ‘enlightened’ liturgists moved the SEQUENCE before the Alleluia to make sure congregations wouldn’t have to stand during it. (Even worse, everything about the SEQUENCE—including its name—means it should follow the Alleluia.) And imagine endlessly repeating “Alleluia” during Holy Communion at every single Mass. It was all part of an effort to convince people that Holy Communion was historically a procession (which it wasn’t).
    —Jeff Ostrowski
    “Canonic” • Ralph Vaughan Williams
    Fifty years ago, Dr. Theodore Marier made available this clever arrangement (PDF) of “Come down, O love divine” by P. R. Dietterich. The melody was composed in 1906 by Ralph Vaughan Williams (d. 1958) and named in honor of of his birthplace: DOWN AMPNEY. The arrangement isn’t a strict canon, but it does remind one of a canon since the pipe organ employs “points of imitation.” The melody and text are #709 in the Brébeuf Catholic Hymnal.
    —Jeff Ostrowski
    Did they simplify these hymn harmonies?
    Choirs love to sing the famous & splendid tune called “INNSBRUCK.” Looking through a (Roman Catholic) German hymnal printed in 1952, I discovered what appears to be a simplified version of that hymn. In other words, their harmonization is much less complex than the version found in the Saint Jean de Brébeuf Hymnal (which is suitable for singing by SATB choir). Please download their 1952 harmonization (PDF) and let me know your thoughts. I really like the groovy Germanic INTRODUCTION they added.
    —Jeff Ostrowski

Random Quote

In 1951 (and again in 1952 and 1955) the Sacred Congregation of Rites gave permission to the bishops of the whole world to celebrate the “Vigil of the Lord’s Resurrection” as much as possible in conformity with the ancient ceremonial: the most noticeable change was to transfer the ceremonies to the late evening of Holy Saturday. During the experimental period the text of the Missal remains unchanged, and a special “Ordo Sancti Sabbati” has been published.

— Charles Richard Anthony Cunliffe (1955)

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  • “Reminder” — Month of October (2025)

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