Now, the excommunication warned of on June 17, for abuse of episcopal powers (canon 1382), was not incurred because:
- A person who violates a law out of necessity* is not subject to a penalty (1983 Code of Canon Law, canon 1323, §4), even if there is no state of necessity:
- if one inculpably thought there was, he would not incur the penalty (canon 1323, 70),
*and if one culpably thought there was, he would still incur no automatic penalties (canon 1324, §3; §1, 80).
I am currently reading “Apologia Pro Marcel Lefebvre” by Michael Davies. It is fantastic. His Excellency was a man of God and was certainly not excommunicated. He has upheld the ancient traditions while the heretics and modernists continue a great apostacy in our society. Read the book and stop slandering SSPX when you are not using Canon Law properly.
You are simply incorrect. Mr. Davies’ opinion weighed against that of the Vicar of Christ on Earth (again, the Supreme Legislator IN canon law)? I’ll go with the Pope, since, OBJECTIVELY, that’s all there is to go on:
From the motu proprio Ecclesia Dei:
“1. With great affliction the Church has learned of the unlawful episcopal ordination conferred on 30 June last by Archbishop Marcel Lefebvre, which has frustrated all the efforts made during the previous years to ensure the full communion with the Church of the Priestly Fraternity of St. Pius X founded by the same Mons. Lefebvre. These efforts,
especially intense during recent months, in which the Apostolic See has shown comprehension to the limits of the possible, were all to no avail.”
Further:
“3. In itself, this act was one of
disobedience to the Roman Pontiff in a very grave matter and of supreme importance for the unity of the church, such as is the ordination of bishops whereby the apostolic succession is sacramentally perpetuated. **Hence such disobedience - which implies in practice the rejection of the Roman primacy - constitutes a
schismatic act.(**3) In performing such an act,
notwithstanding the formal canonical warning sent to them by the Cardinal Prefect of the Congregation for Bishops on 17 June last, Mons. Lefebvre and the priests Bernard Fellay, Bernard Tissier de Mallerais, Richard Williamson and Alfonso de Galarreta, have incurred the grave penalty of excommunication envisaged by ecclesiastical law.(4)” They were warned.
"a) a
Commission is instituted whose task it will be to collaborate with the bishops, with the Departments of the Roman Curia and with the circles concerned, for the purpose of facilitating full ecclesial communion of priests, seminarians, religious communities or individuals until now linked in various ways to the Fraternity founded by Mons. Lefebvre, who may wish to remain united to the Successor Peter in the Catholic Church, while preserving their spiritual and liturgical traditions, **in the light of the Protocol signed on 5 May last by Cardinal Ratzinger and Mons. Lefebvre;" **The Archbishop already had a deal. It wasn’t precisely what he wanted, but it isn’t for us to dictate terms to the Holy See. No necessity existed and he knew it. Why? Because he signed the protocol.
I’m not slandering ANYONE, I’m stating the what the Pope and the Holy See have stated. If you need more, here’s a link to a letter from Msgr. Perl (secretary of the EDC commission) written in 1998:
ewtn.com/library/CURIA/CEDSSPX2.HTM
He clearly states that the Archbishop and the four bishops are suspended, the priests suspended ad divinis, and the laity are warned against imbibing a spirit of schism.
Again, I’m not slandering anyone. I’m stating objective fact.