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i_am_a_Catholic
Guest
I think you might have missed the simpler point on this one good brotherWith all due respect, is anyone here, beside myself a major superior? Is anyone here a Canon Lawyer (I’m not)?
There are some issues here.
First:
No member of a society of apostolic life, religious order, religious congregation or diocese can be dismissed without the written consent of the Holy See. That’s Canon Law.
Second:
To be dismissed, except for child sexual abuse, there must be a trial which can only be held by the Church, not the institute that is doing the dismissing. The proper superior begins the dismissal process by making the request and presenting the evidence against the accused. The accused has the right to appeal to the Holy See. Remember Fr. Corapi. The Holy See can hand down a ruling or can send the matter to the tribunal for a trial. It’s up to the Holy See. If the Holy see hands down a ruling, there is no appeal. If a tribunal hands down a ruling, either side can appeal to the next highest tribunal all the way up to the pope himself… No institute has the legal authority to put anyone on trial. A diocese can put its men on trial, because dioceses have tribunals recognized by the Church.
Third:
If the SSPX dismisses the bishop, without going through the proper canonical process, then it is acting outside of the law. This will only create more concerns with the curia. It begs the question on the part of every major superior, “Is the SSPX a law unto itself? Why can they do this, get away with it and the rest of us cannot do this?” I doubt that the Holy See will want to tackle that question. It’s better for the Holy See to let the SSPX do its thing and then declare it illegal.
Fourth:
The only response that the Holy See can give to the rest of the major superiors around the world is that the SSPX is not in full communion with the Church; therefore, the Church has no jurisdiction. This will only affirm what many SSPX supporters have been denying. Many SSPX supporters continue to say that the SSPX is in communion with the Church and that there is no such thing as partial communion or an imperfect communion. If it is truly in full communion with the Church, it must follow due process established by the Vatican and by Pope John Paul II, not by the SSPX. Pope John Paul II was the last pope to review the laws regarding dismissal when he abrogated the right of a sex abuser to a trial before dismissal and established that any bishop (for diocesan clergy) and any major superior (for religious) could initiate dismissal proceedings without a trial or even a preliminary hearing. However, neither the bishop nor the superior can dismiss. They suspend and do the paperwork. Only the Holy See can dismiss. Bishop Fellay cannot suspend Bishop Williamson, because both of them are already suspended. Bishop Fellay has not legal right to be functioning as a priest either, except to celebrate a mass in his room. The plot thickens.
Fifth:
That’s the law. The SSPX would have to act outside of the law. If it chooses to act within the law, I foresee that Bishop Williamson is not going anywhere, since the bishop is unlikely to cooperate with a Church tribunal. If he submits to a Church tribunal and the tribunal rules against him, the tribunal has the authority to place him somewhere. The tribunal cannot leave any ordained man (deacon, priest or bishop) or any religious in solemn vows out there on his or her own. The other option would be for the tribunal to dismiss him from the clerical state. He would then be mandated to live out the rest of his days as if he were a layman (laicization). He’ll never be a layman, but he will not have any of the rights, duties or benefits of being a cleric. I don’t foresee Bishop Williamson complying.
Maybe this is why the Italian report concludes by saying that there is no official comment from the SSPX generalate and if there were to be a dismissal, it’s not in the near future.
MY GUESS is that the SSPX will wait to be regularized and then throw the problem into the hands of the Holy See. From where I sit, it sounds like the most prudent thing to do. Bishop Fellay, as the superior general, has the authority to keep any of his men out of circulatioin. Whether the man complies or not is another question that none of us can answer.
The irony here is that one of the allegations against Bishop Williamson is that he administered Confirmation without Bishop Fellay’s permission. Legally, he does not need Bishop Fellay’s permission. He needs the permission of the bishop of the diocese where the confirmations took place.
The concern is misplaced. Bishop Fellay has no jurisdiction in any diocese on this planet. He cannot grant permission to confirm. He can only grant permission to travel for the purpose of confirming. From there, it’s up to the local bishop. Yet, why is this not a concern to anyone except the Church? Administering Confirmation without the permission of the diocesan bishop is a serious violation of Church law. Confirming without Bishop Fellay’s permission is a violation of the constitutions of the SSPX. The constitutions do not trump Canon Law unless the are 200 years old or more.
Fraternally,
Br. JR, FFV![]()
Bishop Williamson will be kicked out of the SSPX. That is totally within their jurisdiction and a matter outside the Canon law of the church to begin with.
At this point (after being kicked out of the SSPX), Bishop Williamson will be in a rather odd situation for sure though …