I’ve no skin in the game, as I’m not a member of the FSSPX. And I’m no Canon Lawyer. But I have assisted the FSSPX perhaps more than they know. I did keep the TLM going in Australia, and bring back the TLM to Lourdes, and to the Josephinum, etc. But over the decades many hundreds have made comments much more erudite than those that follow, much more fulsome, going into many volumes in length. I have not read what they wrote. So, I’m a fool. Writing is my way of learning. Catch me if you can, correct me if you can. I am so willing to be admonished. Am I wrong? Let me know. It’s an act of charity to instruct the ignorant. I do mean well. Be nice.
Firstly, let’s review the relative law of the Church. We’re in Book VI, Part I, Title III, just one canon with one of the sub-paragraphs.
- BOOK VI. Penal Sanctions in the Church
- Part I. Offences and Punishments in General
- Title III. Those Who Are Liable to Penal Sanctions
- Can. 1323— No one is liable to a penalty who, when violating a law or precept:
- 4° acted under the compulsion of grave fear, even if only relative, or by reason of necessity or grave inconvenience, unless, however, the act is intrinsically evil or tends to be harmful to souls.
- Part I. Offences and Punishments in General
The next canon with just one of its sub-paragraphs adds nothing to the argument:
- Can. 1324— § 1. The perpetrator of a violation is not exempted from penalty, but the penalty prescribed in the law or precept must be diminished, or a penance substituted in its place, if the offence was committed by:
- 5° one who was compelled by grave fear, even if only relative, or who acted by reason of necessity or grave inconvenience, if the offence is intrinsically evil or tends to be harmful to souls.
The Consecrator and those consecrated spoke of a “reason of necessity.” That reason of necessity regarding liturgy, doctrine, morality, Tradition was rejected. At least the effectuating of the Liturgical Rites for the Consecrations was not judged to be “intrinsically evil.” And yet, another accusation was proffered, that the Consecrations were tantamount to an act which “tends to be harmful to souls,” viz., divisory.
But was this event of the Consecrations divisory? I was 28 years old in 1988, already with degrees in philosophy and theology, with already very many years in Rome with seminarians and priests and bishops and cardinals from all over the world. From that time until today, now with much broader experience in dozens of countries and in all sorts of situations, I can say that I have not met even one person whose soul was harmed specifically because of those Consecrations. Instead, I many times witnessed the effect such steadfastness had on the consciences of those who had themselves abandoned the faith, and yet were continuing their studies as seminarians and priests. The fact of the consecrations acted as an examination of conscience.
But it was the now canonized Pope John Paul II who employed the vocabulary of schism. But is the act of the Consecrations schismatic, incurring for those involved an automatic excommunication, later declared by the sainted Pontiff?
Let’s take a look at Book VI of Canon Law, Part II, but skip Title I about offences also against the unity of the Church, including, specifically, schism, because Canon Law does NOT consider any Consecration of a Bishop without a mandate from the Pope to be a schismatic act. Surprise, surprise. Instead, we move to just one short canon under Title III, on offences (and this is very interesting) on offenses against the Sacraments:
- Book VI. Penal Sanctions in the Church
- Part II. Particular Offences and the Penalties Established for Them
- [Title I. Offences Against the Faith and the Unity of the Church]
- Title III. Offences Against the Sacraments
- Can. 1387— Both the Bishop who, without a pontifical mandate, consecrates a person a Bishop, and the one who receives the consecration from him, incur a latae sententiae excommunication reserved to the Apostolic See.
We can all understand that this is a grave offence that does in fact deserve excommunication, but only if all things are equal, as they say. But all things are not so straightforward all the time. The Consecrations of 1988 were said to have been done for a “reason of necessity” which, ipso facto, removes it from being an act which “tends to be harmful to souls.” People understand necessity. Also, the Consecrations were not “intrinsically evil.”
An excommunication cannot legitimately be declared effected by a schismatic act if there was no schismatic act. An excommunication may certainly be declared for certain offenses against the Sacraments, such as the Consecrations without a Pontifical mandate. But wait…
The question now revolves around whether or not there was a legitimate reason of necessity. The Holy See said a thousand times that there was no reason of necessity. But, that’s the point. Of course such individuals in the Holy See are going to say that. The Consecrations are an accusation against them.
Those involved in the Consecrations had a reason of necessity. 35 years later, can we say that the Consecrator and those thus consecrated were correct? I think we can. The excommunications do not stand. They were lifted much later. But that changed nothing. The excommunications were illegitimate in the law. I think John Paul was misled. Many name names. I think Benedict thought the same about his predecessor. Bergoglio has done much to further regularize the standing of the Fraternité sacerdotale Saint-Pie-X.
The FSSPX are not in schism now. Nor were they ever.
What does that mean? That means that the Bishops always had the mandate and could always legitimately grant faculties to their newly ordained priests, and that as long as the situation perdures, any new Consecrations of bishops carries the mandate that enables the granting of faculties to priests.
All those Confessions, Last Rites, Marriages witnessed? All good, always.
Are there dangers of, say, tolerating a precedent, so that the bishops in Germany might think that they have grave reasons to consecrate bishops without a pontifical mandate? Sure, there are dangers from idiots always and everywhere. That didn’t stop Jesus. We must respect Canon Law. This doesn’t mean legal positivism. There is nothing of legal positivism in any of this argument above.
Does what I write here change everything? I think it does.
I COULD BE WRONG! Please, correct me.
UPDATE: Maybe I overthink things, but here are some analogies about the happenstance provision of the power of keys outside of “normal” ways and means:
Say a priest was automatically excommunicated because, say, all secretly, he absolved a partner in sin. No one else knows this, and he continues hearing confessions and providing absolutions, even though he has no “normal” faculties to do so. Well, well, the Church supplies those faculties (ecclesia supplet) should the penitent be ignorant to the priest having otherwise lost his faculties.
Or, say that there are no priests at all for the foreseeable future, and one has fallen into mortal sin and there is not presently any way to go to individual sacramental Confession. One is to make an act of perfect contrition, that is, not just sorry to have sinned because one dreads the loss of heaven and the pains of hell, but because one has offended God’s love for us, a personal sorrow directed to the Lord. But not only that, one is to make an intention that if it ever becomes possible, one is to make an individual sacramental Confession to a priest as soon as this is possible.
An act of perfect contrition which thus respects inasmuch as is possible the Sacrament of Confession is possible only with sanctifying grace supplied directly by God to the soul, thus flooding the soul with grace, thus bringing about the forgiveness of sin.
In the same way, it must be that any such Consecrations of bishops wrought outside the “normal” ways and means must be that which is brought to the Church if and when that becomes possible. That intention has to be there among all the participants in order for them not to be excommunicated.