SSPX a "pious union" ad experimentum for 6 years

A Chronology Of the SSPX's Foundation: "ad experimentum"

Part I

A Summary

1969, April 3Novus Ordo Missae was promulgated ("Catholic," Apr. 1983, p.3.}
1970, Oct. 7Ecône was established. ("Catholic," Jan. 1987, p.6.)
1970, Nov. 1The decree of foundation was signed by Mgr. Charriere. Ecône Full Stop, Fortes in Fide, by Fr. Noél Barbara. This issue is/was downloadable from Jim McNally's http://fred.net/jmcnally/

The photocopy of the "Décret d'erection de la 'Fraternité Sacerdotale Internationale Saint Pie X" is plainly exhibited in the November 1980 issue of "The Angelus."

Bishop François Charrière of the Diocese of Fribourg in Switzerland agreed to allow the Society of St. Pius X to come into his diocese and set up their seminary at Ecône. He did so on an ad experimentum basis of six years. In other words, they were on probation

Bishop Charrière is cautious in his approval of the SSPX, decreeing as per the following:
  1. The "International Priestly Society of St. Pius X" is erected in our diocese as a "Pia Unio" (Pious Union)… for a period of six years ad experimentum...

    While the Society was canonically established, a "competent Roman Congregation" never established the Society as per the decree of Bishop Charriere. The tacit approval of Rome was withdrawn during the first six years and the Society, it should be noted, had no authority to operate outside of Bishop Charriere's diocese. It had, therefore, no authority to established itself in other countries wherever it pleased.

    The Code of Canon Law states that "Confraternities or pious unions are not to be erected except in a church or a public or at least a semi-public oratory (c.712,§ 1).

    Where was the "church or public or at least a semi-public oratory" ?

    But, Lefebvre was not even authorized a Confraternity; he was authorized a Pious Union _ which is not the same thing.

    The requirements for a seminary are quite different. The Canon Law states: "Every diocese should have, in a suitable place chosen by the Bishop, a seminary, that is, a college where, according to the resources and extent of the diocese, a certain number of young men are trained for the clerical state." (c.1354 1917 Code of Canon Law).
1975, Jan. 24Bishop Mamie wrote to the Sacred Congregation for Religious insisting that "having made a careful study of Mgr. Lefebvre's declaration, he considered it a sad but urgent necessity to withdraw the approval given by his predecessor to the Society of St. Pius X."(34)
1975, April 26Bishop Mamie received a reply dated this day in which Cardinal Tabera, acting as Prefect for the Sacred Congregation for Religious, urged Bishop Mamie to withdraw his canonical approval from the SSPX immediately.(35)
1975, May 5In a letter addressed to Archbishop Lefebvre on this day Bishop Mamie would inform him "that after long months of prayer and reflection he had reached the sad but necessary decision that he must withdraw all the acts and concessions granted by his predecessor to the Society of St. Pius X."(36)
1975, May 5 … on the same day that Bishop Mamie suppressed the SSPX, Archbishop Lefebvre received a decision from the Commission of Cardinals which had been convoked by Pope Paul VI to investigate both Lefebvre and the SSPX.

Within the text of their decision, the following conclusions were drawn and the subsequent course of action taken:
Now such a Declaration appears unacceptable to us on all points. It is impossible to reconcile most of the affirmations contained in the document with authentic fidelity to the Church, to the one who is responsible for Her, and to the Council in which the mind and will of the Church were expressed. It is inadmissible that every individual should be invited to submit papal directives to his own private judgment and decide for himself whether to accept or reject them...

It is with the entire approval of His Holiness [Paul VI] that we communicate the following decisions to you:
  1. "A letter will be dispatched to Mgr. Mamie according him the right to withdraw the approval which his predecessor gave to the Fraternity and to its statutes." This has been done in a letter from His Excellency Cardinal Tabera, Prefect of the Congregation for Religious.

  2. Once it is suppressed, the Society "no longer having a juridical basis, its foundations, and notably the Seminary at Ecône, lose by the same act the right to existence."

  3. It is obvious -- we are invited to notify it clearly -- "that no support whatsoever can be given to Mgr. Lefebvre as long as the ideas contained in the Manifesto of 21 November continue to be the basis for his work."(42)

1976, June 10The Apostolic Signatura rejected Archbishop Lefebvre's appeal on the grounds that the Holy Father had approved the decision of the Commission of Cardinals in forma specifica.(45) This would be confirmed by Pope Paul VI personally in a letter to Archbishop Lefebvre in which the Holy Father stated: "Finally, the conclusions which [the Commission of Cardinals] proposed to Us, We made all and each of them Ours, and We personally ordered that they be immediately put into force."(46) Hence, no further recourse was possible for Archbishop Lefebvre, for under c*. 1880, "there is no appeal: (1) from the sentence of the Supreme Pontiff himself or from the Signatura Apostolica..."(47) Consequently, the SSPX and their seminary were unquestionably suppressed as a juridical person within the Church.
1976, June Against Lefebvre's intention, substituting on behalf of the Vatican Secretariat of State, Mgr. Benelli sent Mgr. Amborio Marchioni, the Papal Nuncio at Berne, the following instruction:
You should, at the same time, inform Mgr. Marcel Lefebvre that, de mandato speciali Summa Pontificis, in the present circumstances and according to the presciptions of [c*.] 2373, 1o, of the Code of Canon Law, he must strictly abstain from conferring orders from the moment he receives the present injunction.(51)
1976, June 30In spite of all objections, Lefebvre proceeded with the ordinations on 30 June 1976.
1976, July 1Paul VI replied on 1st July by striking the priests ordained with a suspensus a divinis.
1976, July 1Cardinal Tabera authorized Mgr. Mamie (Bishop Charriere's successor) to withdraw canonical approval from the SSPX, and Lefebvre was suspended on 1 July, 1976.
1976, July 11The Apostolic Nuncio in Switzerland attests that Lefebvre received the formal monitum.
1976, July 29The Pope suspended Lefebvre a divinis. According to canonist Peter Vere, this meant Lefebvre was "now forbidden by the Holy See from the exercise of holy orders, a prohibition reserved to the Holy Father personally. In other words, his suspension was now perpetual until its absolution, and applicable to more than simply the ordination of seminarians to major orders" (Vere and William Woestman, O.M.I., "A Canonical History of the Lefebvrite Schism").

Lefebvre said, "This conciliar church is schismatic because it has taken as the basis for its updating principles opposed to those of the Catholic Church… The church that affirms errors like these is both schismatic and heretical. This conciliar church is just not Catholic."


Sources:

AN OPEN LETTER TO CONFUSED "traditionalists" by F. John Loughnan
http://jloughnan.tripod.com/openlett.htm

A CANONICAL HISTORY OF THE LEFEBVRITE SCHISM, Master's Seminar - DCA 6395, Prof. William Woestman, O.M.I., Faculty of Canon Law, Saint Paul University, Ontario, Canada, 1999
Copyright by Pete Vere, September, 1999
http://www.catholicculture.org/docs/doc_view.cfm?recnum=1392#CANONICAL ESTABLISHMENT

HOLIER THAN THOU - How Rejection of Vatican II Led Lefebvre into Schism, By Brian O'Neel
http://www.catholic.com/thisrock/2003/0304fea2.asp

William (Bill) Grossklas' AGENDA website:
http://home.earthlink.net/~grossklas/section5.htm

THE BISHOP SPEAKS, Louis Vezelis O.F.M. (A sedevacantist)
http://friarsminor.org/xxii3-11.html






Quote:

ECÔNE ERECTED

OPINIONS

MONITUM, SUSPENSION and MORE OPINIONS

Footnotes from "AN OPEN LETTER TO CONFUSED 'traditionalists'"

  1. "Catholic," Jan. 1987, p.6.
  2. Ibid. Apr. 1983, p.3.
  3. Ecône Full Stop, Fortes in Fide, by Fr. Noél Barbara. This issue is downloadable from Jim McNally's http://fred.net/jmcnally/
  4. http://smac.edu/history/mgrlefebvre.html
  5. Paris Lecture, March 1973 at the invitation of the Union des Intellectuals and the Club de la Culture française. A Bishop Speaks, Mgr. Marcel Lefebvre, Writings and Addresses 1963-1975, p.159.
  6. Letter from Fr. Coache to Fr. Barbara, 21 Feb. 1974, recorded in Ecône Full Stop, Fortes in Fide.
  7. Declaration of Archbishop Marcel Lefebvre, "Catholic," Jan. 1987, p.6, and Ecône Full Stop, Fortes in Fide.
  8. Who Sent, by Hutton Gibson
  9. Ecône Full Stop, Fortes in Fide, by Fr. Noél Barbara
  10. Ibid.
  11. Le Figaro, 4 August 1976, reported in Ecône Full Stop, Fortes in Fide.
  12. France-Soir: 4 August 1976, reported in Ecône Full Stop, Fortes in Fide.
  13. Le Figaro, 4 August 1976, reported in Ecône Full Stop, Fortes in Fide.
  14. " Roman Catholicy Fr. Daniel L. Dolan, June 1983. Dolan entered Ecône in January 1973. He was one of the nine U.S.A. Society priests expelled from the SSPX by Archbishop Lefebvre and became a schismatic Thuc line bishop in 1993.
From:
AN OPEN LETTER TO CONFUSED 'traditionalists' by F. John Loughnan
http://jloughnan.tripod.com/openlett.htm

End Quote







Quote:

1.1 THE CANONICAL ESTABLISHMENT AD EXPERIMENTUM OF THE SSPX

"An eminent prelate of the Roman Church, Marcel Lefebvre had been Superior General of the Missionary Holy Ghost Fathers and Metropolitan Archbishop of Dakar, Africa, with many dioceses under his authority."(9)  Under the pontificate of Pius XII, Archbishop Lefebvre was named the Apostolic Delegate for French-speaking Africa,"(10) and in 1959, "Pope John XXIII named him to the Coetus Internationalis Patrum, the central prepatory committee charged with drawing up the schema for the Second Vatican Council."(11)  "The son of the alleged stigmatic Gabrielle Lefebvre (née Watine),(12) the Catholic Faith always played a central role in Marcel Lefebvre's life.  Therefore it would come as no surprise that Lefebvre pursued an active role at the Second Vatican Council, often being identified by various participants and observers as a cornerstone of the ultra-conservative camp.(13)
In October of 1970, having received permission from Bishop Nestor Adam of Sion, Switzerland, Archbishop Lefebvre undertook to found a religious institute with a central house of studies in Ecône, Switzerland.(14)  As Fr. Oppenheimer explains, "He [Archbishop Lefebvre] did this at the instigation of a number of young seminarians who had sought him out for an authentic priestly formation during that time of confusion in the Church."(15)  It is important to note that Archbishop Lefebvre's followers have always maintained that Lefebvre never sought to recruit them, but rather that they approached him after the Second Vatican Council.   Regardless of how factually correct this claim is, it served as an early foundation of Archbishop Lefebvre's mystique among his followers, which at the time of the episcopal consecrations in 1988 would allow him to convince many of them that a sufficient state of emergency existed within the Church to disregard the lack of papal mandate.  Thus it was in light of the above historical background that Archbishop Lefebvre's followers claim to have obtained permission from François Charrière, the diocesan bishop of Lausanne, Geneva, and Fribourg to found the SSPX as a priestly society "of common life without vows,"(16) in accordance with canons(17) 673-674, and 488: o3, o4, of the Pio-Benedictine Code in force at the time of the establishment of their seminary and priestly society.(18)

That the SSPX was canonically constituted according to the Pio-Benedictine Code is generally accepted, however, some ambiguity exists as to the object of their establishment.  For if one looks at the decree canonically establishing the SSPX, one sees that Bishop Charrière is cautious in his approval of the SSPX, decreeing as follows:
  1. The "International Priestly Society of St. Pius X" is erected in our diocese as a "Pia Unio" (Pious Union).

  2. The seat of the Society is fixed as the Maison Saint Pie X (St. Pius X House), 50, rue de la Vignettaz, in our episcopal city of Fribourg.

  3. We approve and confirm the Statutes, here joined, of the Society for a period of six years ad experimentum, which will be able to be renewed for a similar period by tacit approval; after which, the Society can be erected definitely in our diocese by the competent Roman Congregation.(19)
Beginning with the second article of the decree establishing the SSPX, its intention is fairly self-explanatory.  Bishop Charrière establishes the SSPX's headquarters at a fixed address within the territorial boundaries of his diocese.   Thus, there is little ambiguity in the second article in need of explanation.

Similarly, most of the third article in the aforementioned decree establishing the SSPX is easily understandable.  By establishing the SSPX ad experimentum for a period of six years simply means that the SSPX is being established on an experimental basis for the duration of six years.  Once the duration of the experimental period is completed, their renewal may be approved tacitly for a similar period of time, at which point the SSPX may seek permission from the competent Curial Congregation to be erected definitively in the diocese of Lausanne, Geneva, and Fribourg. Again, these canonical precautions taken by Bishop Charrière are clear as to both their intent and purpose.

Nevertheless, a canonical ambiguity remains in the third article as to the intention of Bishop Charrière in establishing the SSPX, for the decree states: "We approve and confirm the Statutes, here joined, of the Society..."  In looking at the first article, it is obvious that Bishop Charrière is referring to the SSPX, which he erects as a pious union.  Yet SSPX supporters specifically claim that the SSPX's statutes stated the SSPX was founded as a priestly society "of common life without vows,"(20) in accordance with cc*. 673-674, and 488: o3, o4.   Thus a canonical ambiguity exists within the decree establishing the SSPX, which the SSPX's supporters have been forced to admit in the following commentary upon the decree:
The Bishop's use of the expression "pia unio" here is a little confusing. A "pia unio," as [cc*.] 707-708 make clear, is not normally a moral person.  It means a lay association.  A religious "society of common life," as the approved statutes of the Society of St. Pius X specify it is, described in [c*.] 673, is really very much like a religious institute but without public vows.  It is possible that Bishop Charrière intended here "pia domus" since it is quite normal to erect a "pia domus" as the first step towards a new religious institute.(21)
To briefly explain this controversy, the SSPX claim according to their constitutions that they were erected in accordance with the norms of c*. 673, which in Latin uses the word societas to describe "a society of men or women who lead a community life after the manner of religious under the government of superiors and according to approved constitutions, but without the three usual vows of religious life."(22)  Such a society would differ from a pia unio, the word used by Bishop Charrière in his decree establishing the SSPX.  Therefore, it would appear that the SSPX was established in accordance with the definition of a pious union of the faithful provided by c*. 707 §1,(23) which Fr. Charles Augustine translates as follows: "Associations of the faithful founded to further some piety or charity, are known as pious organizations."(24)

Although the issue of inscription arising from this ambiguity would cause some difficulty between the SSPX and the relevant ecclesiastical authorities, the two main differences that came to light were juridical status and the right of suppression -- the second of which will be addressed in the following chapter.  With regards to juridical status, as Woywod notes in his commentary on c*. 708, "for the erection of pious unions the approval of the Ordinary suffices...though they are not legal persons."(25)  Hence, even though the approval of the diocesan bishop was required to formally erect the SSPX, as a pious union it would not be considered a juridical person within the Catholic Church.

This apparent ambiguity arising from the decree erecting the SSPX would be further compounded in a letter to Archbishop Lefebvre from Cardinal Wright, Prefect of the Sacred Congregation for the Clergy. Cardinal Wright congratulated Archbishop Lefebvre on the founding of his new Associatio, taking pains only to refer to the SSPX as a Fraternitae Sacerdotalis in brackets.(26)  And thus in utilizing the word "association" which is more in keeping with c*. 707, it would appear that Cardinal Wright recognized the canonical erection of the SSPX as merely that of a pious association of the faithful.


Part 2 of "A Chronology Of the SSPX's Foundation: "ad experimentum"





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