Therein lies the rub. Most, if not all, FSSPX priests (as well as independent) priests operate out of buildings and property not owned by the diocese. As the bishop is the trustee of only the Church property within the diocese, he’s not really in a good position to authorize administration of the sacraments outside of Church buildings, schools, cemeteries, hospitals, bookstores, etc.
The bishop has jurisdiction over the entire territory of his diocese except inside the houses and chapels of male religious who are exempt from episcopal authority.
He has material jurisdiction over property. He has sacramental jurisdiction over people. Even a priest who is an exempt religious needs permission from the bishop to preach and celebrate sacraments to the laity in the diocese, even if it’s in the town square.
The bishop needs permission to interfere with: Franciscans, Jesuits, Dominicans, Carmelites, Salesians, Holy Cross, Benedictines, Carthusians, Christian Brothers, Alexian Brothers, Trinitarians, Redemptorists, Passionists and Opus Dei.
He may not enter their houses. He may not suppress them. He may not inerfere with anything they do or say in their houses, chapels, schools, colleges or other institutions.
Everything else that is in his diocese comes under his jurisdiction. If it’s buildings, he owns them. He is always sole proprietor. If it’s people: lay or cleric, they are all subordinate to his authority and only he can grant permission for the sacraments anywhwere.
It seems as if there are similar issues with the AO, except it takes action on the part of parishioners to comply with the agreements reached with the Vatican. For example, this article on the Maryland Episcopal Church points out that they have three years to come up with the money to buy the building (from the Episcopal Church, I assume) as part of their agreement to join the Catholic Church.
So, from the property standpoint, it appears that there are more than doctrinal issues to be resolved before the FSSPX and Vatican can agree to be in full communion.
The issue with the Anglicans is one of justice. According to Protestant tradition, the congregation owns the property. Now the Episcopal diocese says that they own it. They will have to prove that. It’s sticky, because they don’t have canon law.
You see, in Canon Law. It makes no difference what the civil government says. Canon Law trumps civil law. The reason being that the Church is international and she cannot adjust her canons to every country in which she finds herself.
Even though many church properties are registered under the name of the parish. The Church says that the real owner is the bishop. If he demands to be given the keys, bank accounts, buildings, deeds and anything inside the building, no one can deny him. He is the rightful and sole owner.
The only thing that a bishop does not own is what is owned by religious of pontifical right. These properties are like embassies. The USA has no jurisdiction on the grounds of any foreign embassy in the USA. Other countries have no jurisdiction in our embassies.
When the reconciliation takes place, all property that belongs to the SSPX will be distributed according to the terms of the reconciliation.
If they become an ordinariate, the ordinariate owns the property. If they are absorbed into the mainstream as are the FSSP, the bishop of the diocese owns the property. A third option is that the pope can claim ownership to the property and then assign it to whomever as he wishes. That’s why an ordinariate is a good option. They will have autonomy and they will keep their property. At the same time, they will have canonical status. The downside to them is that they will not have a voice in any diocese. Ordinariates may not proselytize. They must limit their ministry to those who come to them. They cannot go out looking for people. For example, the Anglican Ordinariate, the Military Ordinariate, and the Opus Dei receive people who come to them. They do no recruit. In the case of the Opus Dei, word of mouth works very well. The Military Ordinariate is a revolving door. Military families may belong only while they have a member in the Armed Forces, it an be the army of an enemy nation. It does not matter. The Ordinariate must minister to them. Once the vet becomes a civilian, these families must find a diocesan parish.
Fraternally,
Br. JR, OSF
