Canon 1335. Canon 144.
Read a commentary on them if need be, such as from the New Commentary of the Code of Canon Law.
Canon Law is made for the salvation of souls.
All of the above is online.
Very generous laws.
Just read the New Commentary of the Code of Canon Law on both of those two canons.
The commentary on Canon 144 states that it must be a
common error, not just a matter of ignorance. The error must be of such a nature taht it is capable of gaining the assent of a prudent person.
For example, if a priest of the SSPX started to hear confessions within a Catholic Church (one that is generally known to be in communion with the Bishop of Rome), his absolutions would be valid for the penitents who confessed to him. A prudent person would have no reason to question whether or not he had faculties to hear confessions.
On the other hand, if this same SSPX priest was to hear confessions within an SSPX chapel, a prudent person would have every reason in the world to question whether this priest would have faculties to hear confessions given him by the local Ordinary.
Having said that, though, the
Commentary does also bring up a valid point which I hadn’t considered (thank you for talking me into referring to it): such a common error could have been
induced by faulty teaching. SSPX parishioners could have been deceived over a long period of time by their priests and bishops into believing that they had valid faculties. In such a case, it appears that the absolution (or other sacraments requiring faculties) would be valid for that particular set of parishioners. On the other hand, it wouldn’t apply to a reasonably well informed Catholic who had not been subjected to that erroneous teaching.
Likewise, it seems that if the SSPX parishioners **understand **that neither the Holy See nor the local Ordinary have granted faculties to the SSPX priest in question but allow him to minister the sacrament(s) to them anyway, it also appears that this Canon would not apply.
As you say,
Canon Law is made for the salvation of souls.
After reading the
Commentary, that’s my **lay **understanding. But, as with anything else, only a canon lawyer would be able to give any kind of an expert opinion on the subject and only a tribunal would be able to arrive at a conclusion.
As for Canon 1335, that canon merely talks about a common principle that any kind of censure does not apply in the danger of death. That is pretty well common knowledge, I’d think.