If they have a “St. Charles Borromeo Canonical Commission” which presumes to give dispensations reserved to the Pope himself, can they still be said to be “not in schism”?
“Questions regarding the
ST. CHARLES BORROMEO CANONICAL COMMISSION”
sspx.org/Canonical_Commission/questions_re_canonical_commission.htm
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How can the Society’s St. Charles Borromeo Canonical Commission be considered “competent” concerning that which law reserves to the Holy See?
A first principle, which is quite clear, is that the Canonical Commission is not a canonically erected body and that, consequently, it does not possess ordinary jurisdiction over the faithful any more than do the district superiors. Consequently, there can be no question of it being “competent” in the technical, juridical sense of the word, with one having the ordinary jurisdiction to decide or handle certain questions or situations.
The comparison between the Canonical Commission and the Holy See, on the one hand, and between the District Superior and the Ordinary of the place, on the other, confirms this interpretation. There is no direct correlation between the powers of one and the other, but a pure analogy. The analogy is based upon the impossibility of recourse to the Ordinary and to the Holy See (not perhaps always, but at least in general). Clearly a priest should not be left, in such an instance, just to do what he wants, simply because he has personal supplied jurisdiction.
Does not the establishment of such a commission make us look schismatic, as our accusers maintain?
To keep the spirit of the Church means to keep to its prudence and its rules as much as possible, even in the difficult circumstances that we find ourselves. This means that we should have recourse to our superiors, just as we would if they really had jurisdiction. This will safeguard the use of personal, supplied jurisdiction and keep it within the mind of the Church. It follows from this that neither the District Superior, nor the Canonical Commission, can technically give a dispensation using the power of Ordinary Jurisdiction. They can only grant the authorization for a priest to dispense in the act of administering the sacrament. This is what is clearly explained on our M-15 form, which is based upon the application of Canon 1044 (in the 1983 Code, Canon 1079), in the case of the extraordinary form of marriage"
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Does not the Commission make a claim to the pope’s primatial authority by claiming to take care of matters reserved to the Holy See?
Clearly the Canonical Commission does not have the pope’s primatial authority to govern, nor does it ever claim to do so. It is a sharing in the Superior General’s authority to guide and direct the members of the Society in their use of the personal, supplied jurisdiction, which they have in the administration of the sacraments, in the case of impossibility of having recourse. Canon 2254, °3 of the 1917 Code admits that this might be the case and grants the priest hearing confessions the authorization to dispense from censures. Canon 1357 of the 1983 Code does not speak of this, but it does not abrogate or deny it either. Consequently this prevision still exists. I believe that a clear case can be made for the Canonical Commission, itself to be the subject of supplied jurisdiction in individual cases (it would then be personal for each case). But this is not at all necessary to explain this Commission’s decisions to guide the priests in the administration of the sacraments."