Obviously, you have not been around here very long. I’m not one to “cherry pick”. I’m quite orthodox in my theology and law and very knowledgeable of Church history and language.
You cannot have disobedience when something is not prohibited or when the contrary is not commanded. Nor can you have disobedience when the individuals involved are incorrectly applying a concept. That’s not how Canon Law works. Canon Law always gives the greatest benefit of the doubt to the individual. What we’re trying to do here is to narrow that benefit, which is contrary to the legal tradition of the Church.
On another note, the Franciscans never received an indult for CITH. There was not such thing in the 13th century. Superiors made these decisions unilaterally. You must remember that Francis of Assisi was a religious superior in solemn vows.
At the time, there were no religious in simple vows, because there were no such things as religious congregations. There were only religious and secular orders. Orders are governed by abbots or their equivalent: Priors or Ministers. Abbots, Priors and Ministers have proper jurisdiction as if they were bishops, even if they are not priests, as was the case with Francis.
The concept of an indult came into existence in the 16th century with the founding of the Jesuits.
The Franciscan custom of CITH is not an indult, but a true Catholic tradition.
In addition, the “novus ordo” as you call it was simply the cover title for the rubrics of the revised mass of Pope John XXIII. After that edition, there have been three revisions and the term has no longer been used. It is simply called the Roman Rite or the Ordinary Form. Novus Ordo is a disparaging term used by radical traditionalists, not the canonical term used by the Church.
The introduction of CITH into the revised missal cannot be called an innovation, because it does not pass the canonical or liturgical test for innovation. The test is very specific. An innovation must be something that has never been done in the Church. The use CITH is much older than the Ordinary Form of the Mass. It is not limited to the Roman Rite. It is has been used in other rites as well, long before the 1960s. What we have here is a case of generalization of a practice.
The same is true about many other changes to the liturgy. What people refer to as “novelties” are actually very old practices that were not common to the average layman, but were common in other settings and they were generalized. One such generalization is communion while standing. It has been in use for 2,000 years, but not in Europe, except in houses of Cistercians, Franciscans, and other conventual orders. It has also been in use in other Latin rites including the Bragan Rite and the Mozarabic Rite, both of which are Latin rites.
What was done was to take these practices and to generalize them to the Roman Rite. One can argue whether it was a good idea or not. One can argue whether it was generalized correctly or not. One cannot say that this is a novelty, when in fact the Church did not pull it out of its sleeve, but simply took something that was already in the Church and made it available to a larger population. That’s not innovation. That’s generalization. They invented nothing new.
Words have meaning. When we use terms such as novelty and innovation, we reduce the significance, the value and the intent of an action. At times, people will use these terms with no ill will intended. They are simply repeating what they hear other people say. But very often, the Traditionalist world, one hears these terms deliberately used with the full intent of demeaning, rejecting and even condescending. That’s not part of Catholic tradition.
If we’re going to defend tradition the first tradition that we must protect is respect. If we examine our Catholic tradition one of the hallmarks of our saints and leaders is their demeanor. It’s always a very respectful one in tone and deed. In this world of traditionalism, we often seem to behave as if we have the right or the obligation to be condescending, dismissive and at times even crude in how we refer to the sacred, the clergy, or the Church in general. That’s something that we need to avoid like a plague. It does not make for good evangelization. On the contrary, it only makes enemies. The object must always be to draw men toward divine union, not to repel them with our attitude.
Fraternally,
Br. JR, FFV