Is this even an āactualā third order? Do they have a place in the Church? What I mean is, they were established by excommunicated bishops and suspended priests. Somehow, I canāt imagine they have the authority to create a third order. Iāll plead ignorance of canonical law on this one because I truly have no idea, so please, someone correct me if I am missing something here.
Thatās a very good question. Third Orders come in two forms.
- They can be public associations of the secular faithful that are part of a religious order, such as the Lay Dominicans and Order of Discalced Carmelites Secular.
- They can also be public associations of the secular faithful that are autonomous, but follow the rule of a given founder, such as the Secular Franciscans. They are not part of the friars, they were founded by Francis and he wrote a different rule for them and left them to run themselves.
In both cases, their status and statutes must be approved by the Sacred Congregation for Consecrated Life and Societies of Apostolic Life. The other way to function is to have the approval of the local diocesan bishop. In that case, the particular third order is a diocesan association of the secular faithful.
To have canonical status in the Church itās profession (promises, vows or other form of commitment) must be approved by Rome or by the local bishop. Even if the members are making private vows, the local bishop must approve them.
There is law in the canons that allows the faithful to form organizations and associations on their own for the good of the Church. This could be applied to this community. However, there is another canon that says that no organization or association can use the name Catholic without the permission of the local bishop. On December 10 and amendment to Canon Law kicked in. This is about 10 new statutes that Pope Benedict has added to Canon Law. They concern charitable works. One of those says that no charitable work may call itself Catholic without the consent of the local bishop.
There is definitely room in Canon Law for these Catholics to form an association and call it whatever they want. They are not a third order until their statutes are approved by either the Sacred Congregation or by the local bishop. Until such time, they remain a private association. This is fine. This is allowed. However, they cannot publicly use the name Catholic until they have permission from a bishop who has the authority to grant such permission. Even an auxiliary bishop does not have such authority. Only the Ordinary of the diocese does.
I offer that it is a bit presumptuous to state what the Pope will do in a hypothetical future situation concerning the SSPX and perhaps we should refrain from declaring who the Pope will decide is or is not a schismatic.
Itās not presumptuous at all, since thatās the law. When one violates a law that carries a specific penalty, the pope does not have to do anything. The penalty is activated by the person violating the law.
Since there is a law about ordaining bishops without a papal mandate and there is a law about intentionally breaking communion with the Bishop of Rome, should they choose to ordain a bishop without such a mandate, the excommunication takes place automatically.
We canāt forget that they were warned by the Holy See that if they did not come into full communion with the Holy See there could be a break that would do incalculable damage and that it would be their fault, not the Vaticanās fault. I canāt recall the exact wording of the sentence, but people probably remember this statement issued by the Holy See.
To respond to your statement, itās not presumption. Itās knowledge of the law. Unless the Holy Father changes the law or dispenses them from the law, we can only operate by speaking from the law as it is right now. Therefore, we can say that if they ordain another bishop without a papal mandate they will be excommunicated and they will be in schism.
Even though we may like the SSPX, we must be very careful not to assume canonical exceptions for them that are not in the books. Canonical exceptions only exist when the reigning pope says so, such as the Jesuits. Theyāre exempt from almost every canon that has to do with religious life, but theyāre a very special order and these exceptions were negotiated by St. Ignatius. The SSPX has not negotiated any exceptions, yet. Until they do, we can safely speak from Canon Law.
However, I will warn this. One must make sure that one understands the tradition of Canon Law. Just reading the law is not enough. Canon Law often means more than what it says. There are points that are not in writing, but are in the mind of the person who wrote the law. One must know about these. Thatās how the commentaries and courses come in helpful.
Fraternally,
Br. JR, FFV :christmastree1: