Dee S,
However, as I already noted, Canon Law is not Divine Law and was not received from God. Yes, it is promulgated by the same Church Christ gave the powers of binding and loosing, so it is important. But, it is not part of the deposit of Faith, it has been changed, and can theoretically be in error. The Church is protected from error on Faith and Morals, not Canon Law. Finally, yes, someone earlier did make the express claim that all of the Pope’s words are law, which is patently false.
We are agree that not all contained in the Canon Law is Divine Law.
But even if it is not divine, if it is only a norm, if it is only temporary, we owe assent to the authority who put them in place. Now this part, obedience, is part of Deposit of Faith.
Of course the ecclesiastical law can be changed, but we never have the rights to overstep our boundaries. Meat abstinence on Friday is a pious ruling. Divine? Absolutely not. But you expect the faithful to obey in good conscience.
Priest laicization is an ecclesiastical law, serious as it is. What is contained in the Deposit of Faith is the person ordained is ordained for life. Also included in the Deposit of Faith is the legitimate authority power to give/restrict faculties.
Can the norm of laicization, all rights and responsibility of a laicized priest be changed? Of course.
Should a laicized priest, who cannot accept the laicization in good conscience advertising Mass everywhere? Hey, once a priest is always a priest, right? So why have ‘a part time job’ offering requiem Masses and keeping the stipend privately? The parish church priest is too busy anyway and his Mass schedule already full until the next decade…
True that the pope private interpretation as provided in interviews or personal writings are not law. He must put his mind into official promulgation. When he does, it have the effect of a law. Can be universal if he intend it to be universal, can be proper to individual cases.
With the SSPX, the Popes did put themselves clear following proper procedures. Trough the official letter Ecclesia Dei, trough the Summorum Pontificium, trough document Universae Ecclesiae, and trough official relations of Ecclesia Dei commision and CDF.
All contained there are proper interpretation of the law and have the effect of law per canon 16 of 1983 Code of Canon Law.
Objectively we know the ruling of the legislator (the Pope), in a formal and proper channel of giving interpretation of the law (the letter Summorum Pontificium), that the SSPX clergy are all suspended a divinis, have no canonical place in the Church.
Did the Pope take the consideration of “emergency”? John Paul give the ruling that the bishops are excommunicated after several correspondence with Mgr. Levebre personally and trough the CDF, negotiating and agreeing about having a bishop for the SSPX, including about his motive and “state of emergency” of the Church. The ruling is? The legislator (John Paul II) said it didn’t apply, wrong interpretation.
This judgement is confirmed by Benedict XVI, because he maintained the validity of the excommunication by lifting it and ruled the suspension of all SSPX clergy.
From the law side of seeing things, no, you can’t budge the law anymore to justify the SSPX position. Their case reached the highest possible tribunal already, which the Sacred Tradition said, demand obedience.
The last position a person can do if unable to accept it is, “Here I stand, I can do no other, so help me God. Amen” with all its consequences.