J
jmj1984
Guest
As for the obedience issue, of course Br Jr, is right. Obedience is crucial, however if a lower and higher law conflicts then one must follow the higher, is this not true obedience?
If the TLM was never suppressed then the Papal Bull that enforced the tridentine was likewise not abrogated. This Bull explicitly stated that no one, whether it be a bishop, cardinal, patriarch or religious superior could forbid those under his jursidiction from celebrating the Tridentine Mass. ‘**Furthermore, by these presents [this law], in virtue of Our Apostolic authority, We grant and concede in perpetuity that, for the chanting or reading of the Mass in any church whatsoever, this Missal is hereafter to be followed absolutely, without any scruple of conscience or fear of incurring any penalty, judgment, or censure, and may freely and lawfully be used. Nor are superiors, administrators, canons, chaplains, and other secular priests, or religious, of whatever title designated, obliged to celebrate the Mass otherwise than as enjoined by Us. We likewise declare and ordain that no one whosoever is forced or coerced to alter this Missal, and that this present document cannot be revoked or modified, but remain always valid and retain its full force notwithstanding the previous constitutions and decrees of the Holy See, as well as any general or special constitutions or edicts of provincial or synodal councils, and notwithstanding the practice and custom of the aforesaid churches, established by long and immemorial prescription - except, however, if more than two hundred years’ standing. **’ Quo Primum
Now it is a principle of law that a document is only completely abrogated if explicitly abrogated, implicit abrogation only applies to those sections irreconciliable with later law. Leaving aside any controversy or polemics about whether it could or could not bind later popes, according to the principles of law which are used by canon law the Bull remains in force until abrogated. Now since the only act which could have been claimed to abrogate it was the apparent abrogation by Pope Paul VI, which we are now told by Pope Benedict XVI in SP did not in fact take place, the Bull is still in force, therefore all the priests and religious that were persecuted for disobedience were not in fact disobedient rather they obeyed a higher law, that of the Holy See which remained in force despite or perhaps because of its venerable antiquity.
Of course this is only a theological opinion.
If the TLM was never suppressed then the Papal Bull that enforced the tridentine was likewise not abrogated. This Bull explicitly stated that no one, whether it be a bishop, cardinal, patriarch or religious superior could forbid those under his jursidiction from celebrating the Tridentine Mass. ‘**Furthermore, by these presents [this law], in virtue of Our Apostolic authority, We grant and concede in perpetuity that, for the chanting or reading of the Mass in any church whatsoever, this Missal is hereafter to be followed absolutely, without any scruple of conscience or fear of incurring any penalty, judgment, or censure, and may freely and lawfully be used. Nor are superiors, administrators, canons, chaplains, and other secular priests, or religious, of whatever title designated, obliged to celebrate the Mass otherwise than as enjoined by Us. We likewise declare and ordain that no one whosoever is forced or coerced to alter this Missal, and that this present document cannot be revoked or modified, but remain always valid and retain its full force notwithstanding the previous constitutions and decrees of the Holy See, as well as any general or special constitutions or edicts of provincial or synodal councils, and notwithstanding the practice and custom of the aforesaid churches, established by long and immemorial prescription - except, however, if more than two hundred years’ standing. **’ Quo Primum
Now it is a principle of law that a document is only completely abrogated if explicitly abrogated, implicit abrogation only applies to those sections irreconciliable with later law. Leaving aside any controversy or polemics about whether it could or could not bind later popes, according to the principles of law which are used by canon law the Bull remains in force until abrogated. Now since the only act which could have been claimed to abrogate it was the apparent abrogation by Pope Paul VI, which we are now told by Pope Benedict XVI in SP did not in fact take place, the Bull is still in force, therefore all the priests and religious that were persecuted for disobedience were not in fact disobedient rather they obeyed a higher law, that of the Holy See which remained in force despite or perhaps because of its venerable antiquity.
Of course this is only a theological opinion.