A Final Commentary
by Christopher Ferrara – Summer
2002
Rather than addressing the controversy engendered
by Father de Montjoye’s article, Father Devillers presents
a number of legal arguments (binding upon no one) to the effect that
all SSPX clergy can be considered schismatics, even though the Pope’s
1988 motu proprio contains no such conclusion.
To recall the real issue, Father de Montjoye, going
far beyond the motu proprio, has declared that all the
priests of
the SSPX, not
just the four bishops, are schismatic “non-Catholic ministers” who “do
violence” to the Holy Eucharist whenever they confect it. Father
de Montjoye further opines that any of the faithful who communicate
at SSPX Masses participate in sacrilege and rebel against divine
law, which forbids the active participation of Catholics in non-Catholic
worship.
Father Devillers does not deny that I have accurately presented
Father de Montjoye’s views. Nor does he comment on the peculiarity
of this sudden return to a rigorous application of the Church’s
traditional teaching on schism at the same time the Vatican has abandoned
such rigor in its dealings with indubitable schismatics of all stripes,
including the 100 illicitly consecrated bishops of the communist-controlled
CPA. Here it should be noted that in 1994 the bishops of the CPA,
whose very constitution rejects submission to the Roman Pontiff,
issued a “pastoral letter” calling upon all Chinese Catholics
to support China’s genocidal “population control” policies.
Yet in September 2000, during a visit to China, the Vatican’s
Cardinal Etchegaray praised “the fidelity to the Pope of the
Catholics of the official church [CPA]” while also praising “the
heroic fidelity of the silent Church”—i.e., the Catholic
bishops, priests and laity who are brutally persecuted by the Jiang
regime for refusing to join the supposedly “faithful” Catholics
of the CPA!1 Cardinal Etchegaray even went so far as to declare, “Basically
it is a question of one Church, and one common faith, trying bit
by bit to overcome the unhappy separation into ‘underground’ and ‘official.’”2
This is only one small part of a factual context in which Father
de Montjoye’s condemnation of the SSPX appears very strange
indeed.
As I demonstrated in my article, Father de Montjoye’s extreme
views on the SSPX are not supported by any public ecclesiastical
document binding upon the Church, much less by the Vatican’s
actual practice toward manifest schismatics such as the CPA bishops.
Quite the contrary, as I showed from various official and unofficial
Vatican statements, it is clear that on a practical or existential
level (putting aside the strict letter of the motu proprio) the Vatican
prelates who have care of the matter have not treated the SSPX as
truly and properly schismatic, even as to the four bishops. Here
Father Devillers has not really addressed the evidence.
First of all, Father Devillers fails to discuss the official letter
of the Ecclesia Dei Commission by Monsignor Perl (Protocol No.
539/99, September 28, 1999), which advises that Catholics who attend
Mass
at SSPX chapels incur no penalty if they do so “because of
the reverence and devotion which they find there, because of their
attraction to the traditional Latin Mass and not because they refuse
submission to the Roman Pontiff.” Father Devillers thus concedes
my point that Monsignor Perl would hardly have given such advice
if, as Father Montjoye claims, SSPX priests were non-Catholic ministers
who “do violence” to the Sacrament with every Mass they
offer, or if lay participation at SSPX Masses were a violation of
divine law through active participation in non-Catholic worship.
Obviously, Monsignor Perl could not have viewed worship in SSPX chapels
as non-Catholic when he described it as “the traditional Latin
Mass.”
Father Devillers cites a 1996 document from the Pontifical Council
for the Interpretation of Legislative Texts (PCILT) (not published
until 1998) on what might constitute “formal adherence” to
the declared schism where SSPX priests are concerned. The very quotation
provided by Father Devillers, however, demonstrates that the PCILT
text merely expresses opinions without the force of ecclesiastical
law:
[I]t seems to this pontifical Council that such formal adherence
would have to imply two complementary elements:
a) one of internal nature, consisting in a free and informed agreement
with the substance of the schism, in other words, in the choice
made in such a way of the followers of Archbishop Lefebvre which
puts
such an option above obedience to the Pope (...)
b) the other of an external
character, consisting in the externalizing of this option,
the most manifest sign of which will be the exclusive
participation in Lefebvrian “ecclesial” acts, without
taking part in the acts of the Catholic Church (...)
In the case of the Lefebvrian deacons and priests there seems no
doubt that their ministerial activity in the ambit of the schismatic
movement is more than evident sign of the fact that the two requirements
mentioned above (n.5) are met, and thus that there is a formal
adherence. (my emphasis)
Observations about what “seems” to be the case with SSPX
priests can hardly bind the universal Church, especially in view
of the later advice of Monsignor Perl, who is Secretary of the Pontifical
Commission Ecclesia Dei, which commission Father Devillers admits “is
the one competent here.” In fact, Monsignor Perl’s 1999
letter notes that the Holy See has never defined the term “formal
adherence.” Thus, not even Monsignor Perl cites the 1996 PCILT
document as binding on the faithful.
Father Devillers states that Cardinal Cassidy’s letter of May
3, 1994 “does not affirm there is no schism but only that SSPX
is not under his competence since the Society of St. Pius X does
not constitute another Church or Ecclesial Community in the meaning
used in the Ecumenical Directory.” But Father Devillers does
not mention Cardinal Cassidy’s statement in the same letter,
which I quoted, that “the situation of the members of this
Society [SSPX] is an internal matter of the Catholic Church.” Father
Devillers does not answer the question of how a true and proper schism
could be viewed as an internal Church matter.
Concerning the letter from Cardinal Castrillon Hoyos to Bishop
Fellay, Father Devillers asserts that the two sentences in which
the Cardinal
states that he “does not consider them [SSPX clergy] schismatic are both in the past tense, as though he did not have this impression
any longer.” One may of course disagree with Father Devillers’ speculation
about the Cardinal’s present state of mind. But leaving that
aside, Father Devillers overlooks an obvious question: How could
Cardinal Castrillon Hoyos have acquired the “impression” that
SSPX clergy are not schismatic if, as Father de Montjoye claims,
the schismatic status of all SSPX clergy, bishops and priests alike,
is beyond dispute? At any rate, a fair reading of the Cardinal’s
letter as a whole shows that he (unlike Father de Montjoye) does
not write the SSPX clergy out of the Church, but rather suggests
that some SSPX adherents (whom he does not name) lack faith in “the
authentic tradition” of the Church, which is not the same as
saying that they are not Catholics. The necessary implication is
that the Cardinal still regards the generality of SSPX clergy, including
Bishop Fellay himself, as Catholic brethren in an irregular situation.
By no stretch of the imagination can the Cardinal’s letter
support Father de Montjoye’s extravagant claim that SSPX clergy
are non-Catholic ministers committing daily sacrileges and transgressions
of divine law.
In this connection Father Devillers quotes Father Gerald Murray
as follows: “The Society of St. Pius X and those who frequent
their chapels must realize that continuing on a path of defiance
and separation from the Holy See, and from the Church in general,
will inevitably lead them further and further away from Catholic
unity and into undeniable schism.” But how could SSPX be led
into “undeniable schism” if it is already supposed to
be in such a state?
Father Devillers also cites Father Murray’s argument that the
SSPX bishops are bound to observe the public effects of the 1988
excommunication since they did not contest it by way of administrative
recourse, even if the excommunication may be inoperative in the internal
forum due to lack of subjective culpability. But what does this have
to do with the question of schism on the part of the bishops and
the priests of the SSPX, the latter never having been declared excommunicated?
Schism is a state, not a penalty like excommunication. That is, schism
cannot be imposed as the punishment for some act. The state of schism
either exists or it does not.
In this regard, Father Devillers concedes that Cardinal Castillo-Lara
admitted to the press that the episcopal consecrations of 1988
were not in themselves a schismatic act since the Code of Canon
Law does
not treat illicit episcopal consecrations as per se schismatic.
If that is true, then there was no canonical basis for the declaration
of schism because the motu proprio cites only the 1988 episcopal
consecrations as grounds. While Father Devillers quotes Cardinal
Castillo-Lara’s later “clarification” that the
1988 consecrations merely “concretized” a preexisting
schism, there is no Vatican pronouncement nor any evidence, that
the SSPX was in schism before 1988. The Cardinal’s opinion
thus appears to be without basis in law or in fact.
As we can see, Father Devillers’ own cited authorities only
underscore the point that despite the letter of the motu proprio,
there is a legitimate tendency, even among Vatican prelates, to view
the SSPX as being in a situation that does not really fit into the
existing canonical category of a true and proper schism.
I conclude by noting Father Devillers’ statement that “I
do find some serious confusion in the way Mr. Ferrara presents the
question of the canonical status of the Society of St. Pius X (SSPX).” In
this he is quite correct. My presentation evinces “some serious
confusion” because it describes a seriously confused situation.
It is a situation without precedent in Church history, like so many
other things in the postconciliar landscape. My basic point, which
Father Devillers does not address, is that in view of this confusion
Father de Montjoye is hardly in a position to declare what the Vatican
has refrained from declaring: that SSPX priests and bishops are non-Catholics
who do violence to the Eucharist, and that any Catholic who participates
in their Masses transgresses divine law by partaking in non-Catholic
worship.
The Latin Mass , for which I write this article, has indicated to
me its strong support for the Priestly Fraternity of St. Peter’s
important work in the cause of Tradition, particularly its vibrant
North American apostolate with a seminary full of exemplary candidates
for the sacred priesthood. Likewise, any reader of The Latin Mass
knows of its strong support for the Pope and his delegates in their
effort to regularize the SSPX, a delicate process in which charity
and diplomacy are essential to success. Given that the thing to be
desired is a unification of the various groups with a “charism
in service of Tradition” (to recall Cardinal Castrillon Hoyos’ description
of the SSPX), Father de Montjoye’s astonishingly harsh condemnation
of SSPX clergy could not have been more inopportune. What remains
unexplained is why this condemnation was published, and why it appeared
when it did.
Notes
1 Zenit, September 28, 2000.
2 Catholic World News, September 25, 2000.