There are two, maybe more, canonical questions not to be confused. I would suggest that those who have never been religious superiors take the time to find out the canons before commenting, because you may do more harm than good. And no, reading them from the Code of Canon Law is not helpful enough, because for each of those codes that governs institutes of consecrated life, societies of apsotolic life, secular orders, and secular institutes, the Sacred Congregation has a plethora of rules. The canons are just the skeleton. The Sacred Congregation holds the final word on how the canons are to be applied.
All of us who have ever been superior and those who are superiors always apply to the Sacred Congregation to answer these questions. Ecclesia Dei is not the right commission to answer this question. Ecclesia Dei has no authority over institutes. It’s authority is to oversee the integration and compliance of the Ecclesia Dei institutes, but not compliance with matters of erection. That is not within the competency of Ecclesia Dei.
The Sacred Congregation for Institutes of Consecrated Life and Socities of Apostolic Life governs the erection of institutes, societies and associations. Ecclesia Dei does two things. It protects the Traditionalist groups and it helps bishops with the issues that govern the implementation of UE and SP.
The question on the table is whether or not the Third Order of the SSPX is canonically erected? The answer is, that it can be canonically erected by either a diocesan bishop within his diocese and under his oversight or as an association of Pontifical Right under the authority of the Sacred Congregation.
The second canonical question is whether it is truly an order or a public association of the faithful? The most likely answer is that it is not an order since the last religious order founded in the Latin Church was the Jesuit Order. No other religious or secular orders were founded after the Jesuits. A good example of this is the OCDS. The Discalced Carmelite Order Secular exists as a branch of the Discalced Carmelite Order, because when it was founded, there was a ban on new orders. They remain part of the Discalced Carmelite Friars and Nuns, with the same rule, but their own constitution. Whereas the SFO (Secular Franciscan Order) is not the same as the Franciscan Friars (OFM, OFM Cap, OFM Conv, OSF, TOR, MFVA, CFR, etc). At the time they were founded, Pope Gregory IX, who had been a very close friend of St. Francis, waved the prohibition on new orders to allow for this one. The same would happen with the Jesuits. The prohibition was waved, out of the respect that the Holy See had for Ignatius. The prohibition has never been waved again. Every other group is either a prublic or private association of the faithful. Some of them are religious congregations and some are secular associations, often called third orders, because it’s shorter than those long names.
The third canonical question is the status of the Priestly Society of St. Pius X. This is a separate question from that of the third order of the SSPX, because the Sacred Congregation can treat all of the SSPX as one legal person or as several legal persons. It it treats all of them as one legal person, then the answer would be “negative.” The SSPX third order is not canonical. If the Sacred Congregation treats them as separate legal persons, it can rule that the third order is canonical and that the priestly fraternity is not.
This has nothing to do with the status of the priests and bishops of the SSPX. They can be a canonical society of apostolic life and still have no canonical place in the Church. The canonical place of which the Holy Father spoke has to do with the exercise of priestly ministry. It does not extend to other aspects of the spiritual and Christian life. For example, the SSPX sisters and brothers have a canonical place in the Church. The do not need the permission of the Vatican to move around. Any bishop can welcome them and hand over a ministry to them, as long as they govern themselves and not allow the SSPX priests and bishops to govern them. They have never been penalized. The canonical penalties have nothing to do with their way of life. It’s about the ordinations and doctrinal differences. It’s not about the consecrated life.
This leads to the last canonical question. When the members of the SSPX third order make profession, who receives the profession? Canonically, a profession must be received by the canonical superior of the third order and by a canonical representative of the Church. This can be the same person. For example, every minister (superior) of a Secular Franciscan (SFO) fraternity is a canonical representative of the Church, because they are an Order of Pontifical Right. He receives the profession in the name of the order and the name of the Church.
The question is whether or nor the superior of the SSPX third order has the canonical authority to represent the Church.
None of this is going to be found in canon law. It’s all found in the Modus Procedendi of the Sacred Congregation Consecrated Life and Societies of Apostolic Life.
I hope this helps.
Fraternally,
Br. JR, OSF
