For newcomers to this debate, the canon law in question is in canons 1323, 1324 +1321. Find the complete text at
vatican.va/archive/ENG1104/_INDEX.HTM num: Mgr Lefebvre explained that he was under grave fear, based on the situation of the Church at that time, that if he did not maintain the SSPX against the tidal wave of error that was engulfing the Church; then he, being not a private citizen but a Bishop charged with continuing the Apostolic Succession under pain of mortal sin, would be guilty of dereliction of duty. This fear may or may not have been justified (I personally believe it was) but, right or wrong, it was his honest opinion. Therefore he was, according to Canon Law, exempt from penalty.num: A very interesting paragraph. Look carefully, and you will see that **it endows a subjective opinion with the force of law. ** This kind of legislation is not normal jurisprudence for the very reason that it makes the law unenforceable. The SSPX and their sympathisers have reiterated this from the very beginning. This was not in the Old Code of Canon Law. Mgr Lefebvre (and others) opposed the New Code! But, loyal sons of the Church as they were, once it was promulgated in 1983 they accepted it! Now, in 1988, they were perfectly entitled to invoke it.num: Mark well!
Even if the accused ought to have known better, if he thought the matter was serious enough, he is indemnified against the ultimate penalty of excommunication, and some lesser penalty or a penance must, under the law, be substituted…
That was dealt with in the paragraph above. The SSPX are exempted from full imputability under the law and hence are released from the ‘normal’ penalty by this provision of Canon Law. Well, that is precisely the penalty that was hurled against Mgr Lefebvre and the others in a newspaper article that ***did not have a Vatican protocol number *** and hence was not an official document carrying the force of law, but only the personal opinion of the author (who was not identified as the Pope).
There are about half a dozen reasons, therefore, why these alleged excommunications were null and void from the beginning.
But that is exactly what he did not do. In fact, to this very day no official Vatican document or source has answered the point made by the SSPX. What Pope John Paul II did was to ignore the objection. But no Court of Law on the planet would accept this.
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In fact, the one and only ***official *** action taken on the matter was Pope Benedict’s
Motu Proprio that quietly lifted the decree of excommunication, without – let it be noted – requiring one single retraction from the SSPX. To me that speaks volumes.