It is not an insult is an opinion expressed by every non-traditionalist canon lawyer I have ever read, to wit, that supplied jurisdiction does not exist when a person is fully aware of the irregular status of the priest and knows the priest does not have faculties for that Sacrament. Supplied jurisdiction is aimed at unintentionally receiving confession from a priest that does not have faculties, not deliberating shunning proper authority.
This really should not be an issue. There is no reason anyone who attends an SSPX Mass would be denied confession through a regular parish priest.
I’ll offer an example in support of Pnewton’s point. In my community the Vicar suspended one of the ordained brothers for disobedience. Once suspended, he remained a member of the order. That cannot be taken away from him. He also remains an ordained priest. In effect, he remains both a brother and a priest. However, the Church does not supply him with faculties simply because he wishes to hear confessions. He has no canonical status. The Church provides out of mercy for the penitent, not for the confessor.
If we agree that the Church provides to the priest of the Society, then we would have to agree that the Church also provides for a Franciscan who disobeyed a direct order from his superior, under the vow of obedience.
However, if we keep finding exceptions to the rule of suspension and saying that the Church provides, then suspension is meaningless. Where do you draw the line?
The Church draws the line by saying that it provides faculties for cases when the person does not know or when even if the person knows, there is no other resource. If Father X has been laicized for child sexual abuse and he comes across an auto accident on the road, he can validly and legally hear the confession and grant absolution. Why? It’s not out of mercy for Fr. X. It’s out of mercy for the penitent who needs a priest and Fr. X, now Mr. X, happens to be the one on the scene.
The Church supplies is a law of mercy for the good of the penitent, not the priest. When the penitent’s welfare is not at stake, there is no need for the Church to supply.
By the way, the individual brother in question did eventually obey and his faculties were restored. This has been the rule since I’ve been in religious life . . . that’s a very long time. That story had a happy ending. I hope this one does too.
Fraternally,
Br. JR, OSF
