Traditionis custodes, a cruel and incoherent document, exceeded in incoherent cruelty by the Responses to the Dubious Dubia™, must fail.
Together, they do something unprecedented: they attack diocesan bishops.
However, for all the bishops out there who are wondering what to do about this enormous headache two-fer,
Canon 87: “A diocesan bishop, whenever he judges that it contributes to their spiritual good, is able to dispense the faithful from universal and particular disciplinary laws issued for his territory or his subjects by the supreme authority of the Church. He is not able to dispense, however, from procedural or penal laws nor from those whose dispensation is specially reserved to the Apostolic See or some other authority.”
Your Excellencies, Fathers, read the aforementioned documents carefully.
There is nothing in them that blocks can. 87. There is nothing in them “reserved to the Apostolic See or some other authority”.
The only thing that sort of comes close is when, in a Response, the Congregation that a bishop can ask the Congregation for a dispensation about parish churches. HOWEVER, that doesn’t mean that the bishop can’t grant the dispensation himself! Sure, a bishop can ask, but he doesn’t have to.
This does not mean that bishops can dispense with whatever law they want. But it does mean that, in the case of TC and the DD they can apply can. 87. Furthermore, the DD are of doubtful legal force at all. (HERE – IMPORTANT)
Meantime, BISHOPS, FATHERS! I have invited readers here to be a Custos Traditionis, turning the sock inside out. HERE
I explain it in greater detail there, but in a nutshell:
I propose…
… an informal association of prayer and penance dedicated to two petitions offered to the Blessed Virgin Mary, which are
- the softening of hearts of those interpreting Traditionis custodes (bishops, Roman Congregation officials);
- the overturning of, or reversal of, or major amendment of Traditionis custodes.
YOUR COMMITTMENT…
- recite the beautiful and powerful Memorare prayer DAILY;
- make an act of physical or material penance for the two intentions ONCE A WEEK.
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The first thought that comes to my mind as I think about this is that as clumsily as the Motu Propio was written, the fact that dispensation per Canon 87 was generally not reserved to Rome was probably an oversight.
On the other hand, I also entertained the more perversely charitable speculation that this clumsiness was a deliberate way to dodge conflict by technically allowing an option for those bishops who care deeply enough about the extraordinary form to exercise it, while still granting those who dislike it the authority to be severe, and in general giving a formal, stern, disapproving glare from Rome.
My second thought is that we seem to have received clarification intended fix one part of the presumed oversight regarding Canon 87:
“He is not able to dispense, however, from procedural or penal laws nor from those whose dispensation is specially reserved to the Apostolic See or some other authority.”
In article 4, the English text says that in the matter of priests ordained after the publication of the Motu Propio who wish to celebrate according to the older Missal, the bishop shall “consult” with Rome.
Father Hunwicke has pointed out that the Latin text for the motu propio was released this week. The Latin does not translate as “consult” but “ask permission.” I read that as reserving authority regarding article 4 to Rome with respect to Canon 87.
The response highlights this, as well. To add insult to injury, the response also interjects the point that the Latin text of the Motu Propio is the official version.
Thank you iamlucky. I was thinking that too. It sounds like dispensation is reserved for the Apostolic See if the bishop is required to ask permission for new priests to say the Traditional Mass. I am hoping I am incorrect.
The saddest part about this for me has been hearing my son, who is only 10 but has told us he wants to be a priest since pretty much as soon as he could talk, say that he might not want to be a priest after all if he is not allowed to say the Traditional Mass.
@Elly @seminarians and all future priests:
All priests ordained after TC should just carry on and offer the TLC as soon as they are ordained, with or without Vatican approval. Remember that Quo Primum specifically establishes that the TLM can be said freely and without any limitations. As has already been established, the decrees in TC are both incoherent and right out illegal. Not to mention unpastoral and go against the salvation of souls. All new priests should just shrug it off and say the TLM. If to do that it is necessary to go to a private chapel, catacombs or in some home, then so be it.
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