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We have already established that the SSPX is part of the Latin Church. Therefore, this code covers the SSPX as much as it covers the Dominicans, Franciscans or Maryknoll.Can. 1 The canons of this Code regard only the Latin Church.
**Can. 694 §1. A member must be held as ipso facto dismissed from an institute who:
1/ has defected notoriously from the Catholic faith;
2/ has contracted marriage or attempted it, even only civilly.
Not applicable here§2. In these cases, after the proofs have been collected, the major superior with the council is to issue without any delay a declaration of fact so that the dismissal is established juridically.**
The allegations must be juridically proven. This requires a hearing. A superior cannot make a unilateral decision.**
Can. 696 §1. A member can also be dismissed for other causes provided that they are grave, external, imputable, and juridically proven such as: habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; stubborn disobedience to the legitimate prescripts of superiors in a grave matter; grave scandal arising from the culpable behavior of the member; stubborn upholding or diffusion of doctrines condemned by the magisterium of the Church; public adherence to ideologies infected by materialism or atheism; the illegitimate absence mentioned in ⇒ can. 665, §2, lasting six months; other causes of similar gravity which the proper law of the institute may determine.**
**Can. 697 In the cases mentioned in ⇒ can. 696, if the major superior, after having heard the council, has decided that a process of dismissal must be begun:
1/ the major superior is to collect or complete the proofs;
2/ the major superior is to warn the member in writing or before two witnesses with an explicit threat of subsequent dismissal unless the member reforms, with the cause for dismissal clearly indicated and full opportunity for self-defense given to the member; if the warning occurs in vain, however, the superior is to proceed to another warning after an intervening space of at least fifteen days;
The major superior has to comply with all of these steps, because the member has rights, even Bishop Williamson, despite that he’s a rather difficult man.3/ if this warning also occurs in vain and the major superior with the council decides that incorrigibility is sufficiently evident and that the defenses of the member are insufficient, after fifteen days have elapsed from the last warning without effect, the major superior is to transmit to the supreme moderator all the acts, signed personally and by a notary, along with the signed responses of the member.**
Even after there is a hearing and a vote, there is more.Can. 699 §1. The supreme moderator with the council, which must consist of at least four members for validity, is to proceed collegially to the accurate consideration of the proofs, arguments, and defenses; if it has been decided through secret ballot, the supreme moderator is to issue a decree of dismissal with the reasons in law and in fact expressed at least summarily for validity.
Even after the hearing and everything is signed, the Vatican must approve the dismissal. Even after the Vatican approves the dismissal, the individual has 10 days to appeal. Once he files an appeal, the dismissal is suspended, pending the outcome of the trial.**
Can. 700 A decree of dismissal does not have effect unless it has been confirmed by the Holy See**, to which the decree and all the acts must be transmitted; if it concerns an institute of diocesan right, confirmation belongs to the bishop of the diocese where the house to which the religious has been attached is situated. To be valid, however, the decree must indicate the right which the dismissed possesses to make recourse to the competent authority within ten days from receiving notification. The recourse has suspensive effect.
In the section on Societies of Apostolic Life, Canon Law says:
Can. 731 §1. Societies of apostolic life resemble institutes of consecrated life; their members, without religious vows, pursue the apostolic purpose proper to the society and, leading a life in common as brothers or sisters according to their proper manner of life, strive for the perfection of charity through the observance of the constitutions.
Can. 746 For the dismissal of a definitively incorporated member, ⇒ cann. 694-704 are to be observed with appropriate adaptations.
The SSPX asked to have the excommunications lifted, according to the law. To dismiss one of its members, and not follow the law is an inconsistency. They cannot pick and choose when they will or will not follow the law.
If they say that they are Catholic, they are bound to comply with the law.
If they choose not to follow the law, then they have no one to blame but themselves if there is a lack of trust on the part of those of us who are willing to believe that they want to be part of the Church, not above the Church.
Fraternally,
Br. JR, FFV