These documents did not carry the weight of law. They were meant to clarify a false assumption, that being that the Tridentine form had been abrogated. They fraternally ask the bishops to make possible a wider availability of the EF of the mass. There was a deliberate reason why the Holy See did not write these documents as law.
First: You can’t order a bishop to provide the Extraordinary Form of the mass if his diocesan priests don’t want to celebrate it. Law can never order the unreasonable.
Second: Only secular priests that belong to dioceses can celebrate the Extraordinary Form without asking for permission. If you are a religious or a secular priest who belongs to a society of apostolic life, the documents are clear that you must look to the major superior and the laws that govern your community to see if you can celebrate the Tridentine Form in public or not. The permission was given for priests of religious orders to celebrate the Tridentine Form in private. However, there is a catch here. If you belong to a religious order, the superior of the house decides if and when you can celebrate mass. In essence all that the pope did was to say to priests who are religious, "when you have permission to celebrate mass in private, you may use the Tridentine Form; but you may never use the Tridentine form in public unless your superior grants permission. Superiors cannot grant that permission, if the Tridentine form is not allowed by the laws that govern the religious community or the society of apostolic life. Only the chapter can give the superior the authority to allow or prohibit what’s not already in Canon Law or in the constitutions.
As you can see, when you have so many exceptions, you cannot impose on the bishops such a command. You have to word it as a request. Bishops cannot force diocesan priests to celebrate the Tridentine mass and they certainly cannot dictate to religious superiors. Male religious superiors are of equal rank to a bishop. They are Ordinaries.
This allows the bishops room to decline, drag their feet, think about it and for some of them, finding a priest who meets the requirements is a real problem. I know one bishop who found a priest who knows Latin fluently. He asked him. The priest asked his superior and the superior said, “Only on special occasions.” I know another diocese that had no one step up to the plate and volunteer to celebrate it.
An order can only command that which is doable. These documents cannot make this a law, because it would be setting the bishops up for non-compliance. When people say that the bishops are disobeying the pope because they are not providing the EF, they are mistaken. The pope never ordered them to do so. He requested it. It is not disobedience. It’s not something that I would do, but it’s not disobedience. If the pope requested something from me, I’d try my best to make it happen and if I can’t make it happen, I would let him know that I tried. We have to be very careful to know what we’re talking about when we use canonical language. Disobedience is a very strong canonical term.
The Holy Father cannot do that, because it is not his place to micromanage the Church. That’s the reason that we have a Holy See. Below the Holy See, we have departments, committees, and below them we have dioceses and religious orders. The pyramid exists for a reason. It has existed since the time of the Apostles. It’s just bigger today, because the Church is spread farther.
Aside from the size of the Church, which does not allow the pope to micromanage it, there is a matter of priorities. Each papacy has its own priorities. For this papacy the priorities are the conversion of Europe, continuing dialogue with Muslims and Jews, theological development, and the abuse problem.
The pope is only one man. He already has his agenda set. When these things come up, they have to be handed over to the proper authorities to handle. It is frustrating to have to wait and see, but there is no way that we can expect the pope to deal with so many things.
He is still a priest. He has to stop to fulfill his priestly obligations, at least to pray his breviary. Generally, unless he’s traveling, his workday is about 6 hours. The rest of his time is spent attending to his priestly duties and to his research and writing.
We can’t ask him to micromanage. It’s not his place to do that. In order to do so, he would have to clone himself and burn himself out.
We have to be patient.
Fraternally,
Br. JR, OSF