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Archie_Leech
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remnantnewspaper.com/Archives/2010-1031-mccall-fellay.htm
…With specific references to the Society, Bishop Fellay explained that the Holy See has been pursuing a two-pronged policy – an official de jure policy contradicted by de facto actions. He noted how the official line is embodied in the document released by the Secretary of State after the 2009 decree nullifying the excommunication of the Society’s bishops. According to this unsigned document, the Society does not exist legally and enjoys “no legal standing in the Church”, with the SSPX priests exercising their ministry “illicitly.” Yet, the Holy Father speaks and takes concrete actions that run contrary to this, oftentimes even recognizing the legal and valid existence and ministry of the Society priests.
His Excellency described this situation as the “principle of action” which refers to a mode of interpreting and applying legal norms…
Bishop Fellay demonstrated the application of this “principle of action” in the case of the Society through several examples, most of which have never been previously publicized. First, he mentioned the issue of SSPX confessions. As most Catholics know, there are certain grave sins, the remittance of which is reserved to the Holy See alone. Under Church law if a priest hears the confession of a person who has committed one of these reserved sins, he is obligated to report the matter to the Holy See within thirty days to receive permission to absolve as well as guidance for the imposition of an appropriate penance. His Excellency indicated that from time to time Society priests have heard such confessions, and that, in every case, the required notification was sent to the Holy See. In each of these cases, the response received from the Vatican was that “all was good and licit” and that the permission for the SSPX priest to absolve was granted.
What inference are we to draw from this? Obviously, the Society priests can validly hear confessions. If the Society priests lacked any form of jurisdiction to hear confessions, the Holy See would have replied that the penitent needed to confess to a priest with legal jurisdiction to hear confessions. By definition, we are here dealing with grave matter and hence mortal sin (assuming all other conditions are present). Yet even still, the Holy See replied to the SSPX that “all is good and licit.” The Holy See is thus making a de facto recognition of SSPX jurisdiction to hear confessions, a position that the Society and a number of canonical experts have maintained for years in the face of what is obviously a difficult legal situation.
The second example cited by Bishop Fellay related to those priests who leave the Society of St. Pius X after having received ordination from one of her bishops. According to Church law and practice, a priest who receives Holy Orders outside the Church (i.e., from a bishop who though validly possessing the episcopal powers has nevertheless separated himself from the Catholic Church) is prohibited (upon return to the Catholic Church) from ever exercising the priestly powers conferred at his illicit ordination. He retains the indelible mark of the priesthood but is permanently forbidden to exercise the related powers.
Yet, Bishop Fellay explained, whenever a priest ordained by a Society bishop left the Society but wished to remain a priest, the Holy See allowed him to exercise priestly powers. Again, the legal conclusion is inescapable: The SSPX priests were not ordained “outside the Church”. Although His Excellency did not mention any names, we know from the case of the founders of the Fraternity of St. Peter, to the priests of the Institute of the Good Shepherd, to the priests of St. John Vianney in Compos, Brazil, to a long list of individual priests ordained by a SSPX bishop—that they all have been permitted to exercise their priestly power. They were not, therefore, ordained “outside the Church” in the eyes of the Holy See. (This is not the case with one or two isolated priests being granted an exceptional derogation from this norm, but rather the consistent practice of allowing all these priests to exercise their priestly functions.)