That’s all well and fine, but I don’t think it reasonable to expect Bp. Fellay to agree to something that necessitates getting permission(s) from every diocese the SSPX presently or may in future operate in. I expect they will want full faculties given them, with some mechanism, commission or rule governing future expansion or difficulties in dioceses.
If he accepts a prelature, these priests must get their faculties from the diocesan bishop that hosts them. Opus Dei is the only prelature right now. Every Opus Dei priest must get faculties from the local bishop.
The prelature is autonomous. The local bishop does not govern it or make policies for the prelature. However, the laity is not autonomous. The laity belongs to the bishop of the diocese where the layman resides. It is the bishop’s role to decide who can and who cannot hear the confessions of the people for whom he’s responsible. He’s not interfering in the affairs of the prelature in any way.
If the prelature were to be given faculties in every diocese, then the prelature would be overstepping the rights of the local bishops to protect their laity. This is why Opus Dei asks for faculties. It wants to minister to the people who approach them, but it also respects the right of the bishop to know and decide who is ministers to his people in his jurisdiction.
This raises the question of jurisdiction. If jurisdiction is so irrelevant, then why not simply grant universal faculties to hear confession?
Each diocese constitutes an autonomous local Church. You can’t have universal faculties, since there is no such thing as one universal diocese. Every bishop is an Apostle and every Apostle is the legal head of his Church. They govern in communion with the Bishop of Rome.
The issue of jurisdiction is not about where the penitent goes to confession, but who is hearing the confession and where he is hearing it. Jurisdiction controls the confessor, not the penitent.
Why can’t SSPX priests licitly hear Confession as such?
Currently, the SSPX cannot hear confessions validly. Liceity does not even enter into the picture. We worry about something being legal, when it’s valid. When it’s invalid, there is not need to worry about law.
The answer is the same. Only an Apostle with Ordinary Jurisdiction can grant a priest permission to absolve except in danger of death. In danger of death, the Church supplies. This means that death must be imminent. It does not mean that I may die today, if I were to be hit by a bus. That does not constitute danger of death.
The other way that the Church supplies is when the penitent approaches a priest for confession, not knowing that the priest has no faculties. In the case of a suspended priest, which applies to the SSPX, he has an obligation to tell the person that he cannot hear his confession. There are other situations in which a priest may not have faculties, but he can assume that the Church will provide, since he is in good standing with the Church.
Even if the SSPX priests were not suspended, they still need a bishop with Ordinary Jurisdiction to grant them faculties. None of the bishops of the SSPX have Ordinary Jurisdiction. Even if these bishops were not suspended, their status would be like an auxiliary bishop. Auxiliary bishops cannot grant faculties, unless the Ordinary delegates them to do so.
That’s the advantage of the prelature. One of the SSPX bishops would become the Prelate. He runs the prelature as if it were a diocese without boundaries. This allow them to minister around the globe. It also allows them to have their own seminary and their own clergy. However, because the Prelate cannot be an Ordinary, he cannot grant faculties and he must ask permission of the local bishop to enter his diocese.
Why can’t he be an Ordinary? Because to be an Ordinary you must be either the Ordinary of the Diocese or a male religious superior. These to can grant faculties in their respective jurisdictions.
The term Prelate means that he is the pope’s vicar. Hence the term Personal Prelature. The pope is really the head of the prelature. The prelate answers to him. The relationship between the pope and the prelate is much more intimate than that between the pope and the diocesan bishops. Like everything in life, it has its pros and cons.
Also, how can a priest be certain of the status of any given layman, who may be excommicate (for example) or labour under some other impediment?
He can’t. He has to take what the penitent says at face value. The law does not require that the confessor know this. The law requires that the confessor hear the confession and grant absolution if the person says that he’s sorry for his sins. If the penitent deceives the confessor, the absolution is invalid. It’s that simple.
Is that not effectively commanding them?
Politely requesting is not the same as commanding. Politely requesting is done through the Nuncio. It’s a diplomatic dialogue between the Holy Father and the local bishop. Like all diplomatic dialogues, there is the element of persuasion and the element of compromise on both parts.
In a command, there is no attempt to persuade the other person to see the benefit of what you want. You’re simply giving an order, nor are you willing to compromise with the other person in order to get what you want.
The tradition of the Church for the past 100+ years has been that popes, bishops and religious superiors reserve commands only for situations when dialogue is no longer an option.
Fraternally,
Br. JR, FFV
