Before getting into a discussion regarding the canonical status of the SSPX, I think a brief overview of its origins and development is in order. The SSPX was formally erected as a provisional pious union on November 1st, 1970 by Bishop François Charrière, which is equivalent to today’s association of the faithful. The SSPX lost its juridic status on May 6th, 1975 after Charrière’s successor, Bishop Pierre Mamie, suppressed the society in response to Marcel Lefebvre’s 1974 declaration,[1] which essentially accuses the Second Vatican Council of heresy. According to canonist Fr. John Lessard-Thibodeau,
The juridic personality the SSPX gained upon its erection 01 November 1970 was lost on 06 May 1975 when it was suppressed [cf. canon 120.1 of the 1983 CIC]. Consequently lacking juridic personality, the SSPX does not exist juridically and thus has no canonical status. Since a juridic person comes into existence either de iure or by decree of competent authority (c. 114), the mere fact that the SSPX has cohesion and self-declared leadership does not constitute them as a juridic person. As such, the SSPX is de facto an organized consortium of Catholics, but it is not de iure a Catholic organization.[2]
On July 22nd of 1976,[3] Lefebvre incurred the penalty of suspension a divinis after the ordination of several priests and deacons on June 29th of the same year.[4] On June 30th, 1988 Marcel Lefebvre proceeded with the consecration of four bishops, despite receiving several warnings beforehand. As a result, he incurred a latae sententiae excommunication alongside those who he consecrated.
Prior to the promulgation of the 1983 Code of Canon Law, canon 953 of the 1917 CIC required the approval of the Roman Pontiff for episcopal consecrations. Canon 2370 also inflicted the penalty of suspension ipso jure (by the law itself) on those who consecrated bishops without papal approval. Additionally, those who received ordination from excommunicated bishops incurred ipso facto suspension reserved to the Holy See. Canon 2372 of the 1917 CIC states:
Those who receive orders from one who is excommunicated, suspended, or interdicted by a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic, contract ipso facto a suspension a divinis reserved to the Apostolic See. Be he who in good faith is ordained by any of the above mentioned persons lacks the exercise of the order so received until he is dispensed.
On April 9th, 1951 the Holy Office changed the censure to a latae sententiae excommunication reserved specially to the Holy See.
A bishop of any rite or dignity whatever who confers episcopal consecration on a cleric who has not been nominated by the Holy See, or expressly confirmed by the same, and also the person who received such consecration, even if impelled by grave fear, are subject ipso facto to excommunication reserved specialissimo modo to the Holy See.
Theologians usually distinguish between two kinds of schism: pure and mixed schism. Schism is defined by Canon 1325, §2 of the 1917 CIC as the refusal to be subject to the Roman Pontiff or be in communion with members of the Church subject to him. Mixed schism entails a combination of both heresy and schism. The case of the SSPX is unique since they don’t profess any heresy; although an argument can be made that some of their positions are rash or even proximate to heresy.
Members of the SSPX usually try to avert the accusation of schism by claiming that they accept the authority of the Roman Pontiff and submit to his legitimate doctrinal and disciplinary decrees. They will simply argue that they are morally bound to recognize and resist heresy and the abuse of authority. In this particular case, they accuse the Second Vatican Council of teaching heresy, and Paul VI of acting outside his legitimate authority in the promulgation of the Novus Ordo Missae. Although not strictly defined, dogmatic theologian Joseph Pohle gives the theological note of “certa” to the thesis that the Church has authority to institute entirely new liturgical rites.[5] Theologians usually assign the censure of “rash” to the contradictory position.[6]
Likewise, the implicit accusation that the entire college of bishops, with the exception of a few, could fall into or be suspect of heresy is proximate to heresy since it implicitly denies the indefectibility of the Episcopal college. That the entire body of bishops cannot be suspect of heresy is required by the formal visibility of the Church, which states that the Church instituted by Christ must express the four marks in such a way as to give one moral certainty that this is the true Church of Christ. One of the four marks is apostolicity which can be subdivided into apostolicity of doctrine and government. One cannot reasonably conclude that the Church has retained apostolicity of doctrine if the entire body of bishops adheres at least implicitly through its union with the Pope to heretical doctrine.
In any event, the sheer fact that one claims adherence to the Papal office and magisterium doesn’t excuse one from the delict of schism. One may also be a schismatic indirectly by his actions. As canonist Fr. Ignatius Szal notes,
Strictly considered, a schismatic professes belief in the sovereign power and primacy of the Pope, but out of malice refuses to be subject to him and to obey him as the Head of the Church and the Vicar of Christ on earth. Such schism is called pure schism.
To constitute the delict of schism in the strict sense, the following conditions are required:
1) One must withdraw directly (expressly) or indirectly (by means of one’s actions) from obedience to the Roman Pontiff, and separate oneself from ecclesiastical communion with the rest of the faithful, even though one does not join a separate schismatical sect;
2) one’s withdrawal must be made with obstinacy and rebellion;
3) the withdrawal must be made in relation to those things by which the unity of the Church is constituted; and
4) despite this formal disobedience the schismatic must recognize the Roman Pontiff as the true pastor of the Church, and he must profess as an article of faith that obedience is due the Roman Pontiff.[7]
The consecration of bishops in direct defiance of papal orders is per se a schismatic act, since it entails the creation of another magisterium. The schismatic nature of Lefebvre’s 1988 consecrations was noted by John Paul II in his letter to Lefebvre. JP II writes,
With a paternal heart, but with all the gravity required by the present circumstances, I exhort you, Reverend Brother, not to embark upon a course which, if persisted in, cannot but appear as a schismatical act whose inevitable theological and canonical consequences are known to you. I earnestly invite you to return, in humility, to full obedience to Christ’s Vicar.[8]
Although the excommunications were lifted in 2009 by Pope Benedict XVI, that doesn’t negate the schismatic nature of Lefebvre’s actions, or the continued ordination of SSPX priests. All of the SSPX clergy remain suspended a divinis without any legitimate ministry in the Church. Members of the SSPX also continue refuse to be subject to their local bishops in disciplinary matters, as well as refuse to commune with fellow Catholics in the ordinary form of the Mass. In conclusion, we have legitimate grounds for assuming that the SSPX is schismatic properly speaking and not merely disobedient.
The SSPX usually appeal to the principle of epikeia to argue in favor for the 1988 consecrations and the continued ordination of priests. This principle essentially states that when the law of the Church becomes harmful to the public welfare, those laws no longer remain binding (at least temporarily). As canonists John Abbo and Jerome Hannan note,
A law ceases to exist when it ceases to be reasonable; for then its whole purpose of promoting the welfare of the community is defeated. This occurs in two ways: when the law becomes useless (negatively) and when the law becomes harmful (positively). In both ways, law ceases intrinsically. If not the whole purpose, but only the partial purpose of the law is defeated, the law survives. Moreover, even though the purpose of the law should cease absolutely but only in respect to certain provisions of the law, the latter would survive as to those portions still motivated by an adequate purpose.[9]
However, their appeal to epikeia would only be justifed if the SSPX could demonstrate that the Novus Ordo Missae was illicitly promulgated. To establish this point, adherents of the SSPX argue that the promulgation of the Novus Ordo Missae by Paul VI is in direct violation of canon 13 of the seventh session of Trent and the apostolic constitution Quo Primum of Pius V.
1. Canon 13 of the Seventh Session of Trent
The most common objection raised against the liceity of the Novus Ordo Missae is based on the 13th canon of the seventh session of Trent, which forbids pastors from tampering with the ceremonies surrounding the sacraments. The canon reads:
If anyone says that the received and approved rites of the Catholic Church, accustomed to be used in the administration of the sacraments, may be despised or omitted by the ministers without sin and at their pleasure, or may be changed by any pastor of the churches to other new ones, let him be anathema.[10]
There are generally two arguments adduced from this canon: (1) the term “pastor” extends to the pope; and (2) that the Church does not have the authority to institute entirely new liturgical rites surrounding the Eucharist. I will address the second objection first. The term “rites” refers to all the ceremonies surrounding the Sacraments, not merely the Eucharist. This is evident from John Calvin’s Antidote,
What they mean by the received and approved Rites of the Church every one is aware. Hence by this caveat they establish whatever superstitions human presumption has superinduced on the pure ordinances of the Lord. The genuine rite of Baptism is simple, and the administration of the Supper simple, if we look to what the Lord has enjoined.
In other words, the term “rites” in the 13th canon is equivalent to the more generic term “sacramentals.” No Catholic, of course, would deny that the Church has authority to institute entirely new sacramentals. Such would be in violation of canon 1145 of the 1917 CIC. In his commentary on canon 1145, Fr. Charles Augustine notes,
The Apostolic See alone can institute Sacramentals, authentically interpret those in use, or abolish or change some of them. This is not a dogma, as the Council of Trent has not defined this power directly, but only negatively determined that the rites accompanying the administration of the Sacraments may not be arbitrarily condemned, omitted, or changed. Our text claims the exclusive power of instituting Sacramentals for the Holy See. This is not surprising if we remember the general saying: Lex orandi, lex credendi. The Sacramentals are the living expression of the faith and hope that is in the Church. However, this does not mean that no Sacramentals were instituted without the concurrence of the Apostolic See. For more than one of them, especially the rites surrounding the administration of Baptism, are undoubtedly of Apostolic origin. This explains why the Holy See has consistently refused to depart from such practices as anointings, spittle, breathing, even among nations who were opposed to these rites. The legislative and ministerial power of the Church alone can declare which rites by their external sign signify the blessing or favor that God wishes to bestow.[11]
Here we need to distinguish liturgical rites which are of “apostolic origin” and things which pertain to Apostolic Traidtion. This is the difference between smaller case and capital case Tradition. Dogmatic theologian Fr. Joseph Pohle also understands the term “rites” in the 13th canon to refer to sacramentals. He writes,
Thesis IV: Though the Church has no right to institute Sacraments, she possesses the power to institute sacramentals.
This proposition may be qualified as "certa"
Proof. In the three preceding theses we have explained what the Church cannot do in regard to the Sacraments. The present one defines what she can do.
There are two kinds of sacramentals: (1) such as accompany the administration of the Sacraments (e. g. the exorcisms pronounced in Baptism, the use of salt, the anointing of the forehead), and (2) such as may be used independently of the Sacraments and have a quasi matter and form of their own (e. g. the different ecclesiastical blessings). The former are called sacramental ceremonies, the latter sacramentals in the strict sense of the term.
1. That the Church has power to institute sacramental ceremonies or rites, is clear from the following declaration of the Tridentine Council: "If anyone saith that the received and approved rites of the Catholic Church, wont to be used in the solemn administration of the Sacraments, may be contemned, or without sin be omitted at pleasure by the ministers, or be changed by every pastor of the churches into other new ones, let him be anathema."
a) In proof of this dogma the Holy Synod adduces the example of St. Paul, who concludes his remarks on the Eucharist with these words: "And the rest I will set in order, when I come." There is abundant Patristic evidence for the antiquity of the sacramental ceremonies employed by the Church. Most of those now in use can be traced far beyond the ninth century, as a glance at the Sacramentary of Gregory the Great and the writings of Rhabanus Maurus, Alcuin, and Isidore shows. In the early days of Christianity different ceremonies were in vogue, as may be gathered from the works of Tertullian.
The theological argument for our thesis rests mainly on the fact that the Church possesses legislative power to ordain whatever she judges fit to beautify her services and promote the salvation of souls. The sacramental ceremonies serve both these purposes by giving visible expression to the ideas that underlie the sacred mysteries of religion, and by stimulating, nourishing, and augmenting the devotion of the faithful.[12]
In fact, the Council of Trent explicitly affirmed its authority to institute entirely new liturgies surrounding the Eucharist in the twenty-first session. The Council declares:
Chapter II: The power of the Church as regards the dispensation of the Sacrament of the Eucharist.
It furthermore declares, that this power has ever been in the Church, that, in the dispensation of the sacraments, their substance being untouched, it may ordain, or change, what things soever it may judge most expedient, for the profit of those who receive, or for the veneration of the said sacraments, according to the difference of circumstances, times, and places.
The Catechism of Trent and Sacramentum Ordinis of Pius XII define the “substance of the sacrament” as the matter and form of the sacrament. According to canonist Fr. Frederick McManus,
Liturgical law of divine origin is small in content under the New Dispensation. There is little beyond the “Do this in commemoration of me” of the Last Supper, or the substantial requirements for the sacrament of Baptism. Over and above this, outside of the substance of the Mass and the sacraments, the ordering of divine worship belongs to the Church alone. Such law comes within the scope of the Church’s power to rule, a power which includes the legislative, judicial, and executive functions of the ecclesiastical society.[13]
He continues,
The ordering of the sacred liturgy belongs exclusively to the Church. Next there must be discussed: Where in the Church does the authority over the liturgy repose? Again, the question of this jurisdiction is part of the larger matter of the Church’s constitution. To give a brief answer, the Roman Pontiff possesses a power over the liturgy that is supreme and, in modern times, exclusive. To phrase it differently, the jurisdiction of the Pontiff is complete and absolute, but the exercise of that power may or may not be exclusive; since the sixteenth century it has been exclusive in all liturgical matters of importance.
This doctrine has been challenged, and that even in the modern period. Among the errors of the Synod of Pistoia, for example, there were ritual aberrations that had to be condemned by Pius VI. And in the nineteenth century, nearly three hundred years after the unification of the Roman liturgy, a group of confusing neo-Gallican rites existed in France. These, initiated under the authority of local Ordinaries, formed a theoretical and a practical opposition to papal rights over sacred worship.
The matter of liturgical law based on custom may be put aside in discussing the identity of the ecclesiastical legislator. In the Church custom derives its force as law from the consent of the competent superior, whoever that may be. Theoretically, then, the liturgical law might come from the Roman Pontiff (or from an Ecumenical Council approved by him), from the Bishop ruling his diocese, or from the other members of the Church, clerical or lay.
The last alternative has barely to be mentioned. It is a Protestant theory of ritual law, contrary to the hierarchical constitution of the Church. The words of Christ are clear enough: “All that you bind on earth shall be bound in heaven, and all that you loose on earth shall be loosed in heaven. In the case of the liturgy as with other ecclesiastical law the Church is a sheepfold ruled by shepherds whose authority is from God.
Again, the Bishop in his diocese or any body of bishops acting independently of the Roman Pontiff have no power over the law of liturgy. In other words, their jurisdiction is exercised subject to the successor of Peter. To suggest that the local Bishop has power limited only by the territory of his diocese is, in fact, to limit the supreme power of the Sovereign Pontiff. Moreover, because of the necessary connection between doctrine and worship, the independent exercise of liturgical authority by inferior prelates infringes upon the teaching office of the chief pastor.
The supreme authority of the Roman Pontiffs in matters liturgical is included in their power to rule the Church, defined by the Council of Florence as a “full power of feeding, ruling, and governing the Church universal.” The doctrine is amplified in the teaching of the Vatican Council:
…. This power of jurisdiction of the Roman Pontiff, which is truly episcopal, is immediate: pastors and faithful of whatever rite and dignity, taken individually and all together, are bound by the duty of hierarchical sub- ordination and true obedience to it, not only in matters of faith and morals, but also in what pertains to the discipline and rule of the Church spread through the whole world.
This general authority of the Apostolic See has been repeatedly referred to the regulation of the sacred liturgy. So Clement VI asserted the fullest power of jurisdiction in this matter and Benedict XIV explained that changes of ritual belong not to private, but to public authority, namely, to the head of the Church universal. Similarly, Pius VII required of Ordinaries that they should enforce liturgical law rather than make it. And Pius IX declared that it is insufficient to be united to the Holy See in faith and dogma, but that Catholics must be subject to the Roman Pontiff with regard to “rites and discipline.”
In 1947 Pope Pius XII insisted upon papal authority over liturgical worship in his encyclical letter on the Catholic liturgy. He argued especially that the potestas ordinis requires the hierarchical government of the worship of God by His Church, to the exclusion of private authority, clerical or lay. And his teaching agreed exactly with the fundamental norm of present law: “To the Apostolic See alone belongs the right to order the sacred liturgy and to approve the liturgical books.”[14]
…
The right to enforce the existing liturgical law is the first of the Bishop’s powers over sacred worship. There are repeated in- stances which uphold the Bishop’s right to compel the observance of the rubrics and of decrees issued by the Holy See. Pius XII, paraphrasing the two principal canons determining this mattersums up the doctrine on the relation of the bishops to the Roman Pontiff in the regulation of the holy liturgy:
It follows that the Sovereign Pontiff alone has the right to permit or establish any liturgical practice, to introduce or approve new rites, or to make any changes in them he considers necessary. It is the right and duty of bishops, in their turn, to enforce vigilantly the observance of the canonical rules on divine worship.[15]
This also undermines the first objection regarding the term “pastors” applying to the pope. Clearly, canon 13 was forbidding local priests and bishops from tampering with the liturgical ceremonies surrounding the sacraments. It nowhere denies the Supreme Pontiff from doing so. To properly interpret the 13th canon we need to understand its historical context and purpose. According to late 19th century theologian Fr. John Hogan (1829 – 1901), the 13th canon was issued by the Council to address protestant objections concerning the Church’s authority not only in instituting new liturgical rites but also its ability to bind consciences in liturgical matters. He writes,
Protestantism, as we know, was a revolt against the whole organization and outward life of the Church. Her sacramental rites were almost entirely thrust aside, with their underlying doctrines, by the first so called reformers; and in what they retained of them, the instructive and beautiful ceremonial of Christian ages gave way to a cold and lifeless ritual. It was in opposition to this that the Council of Trent formulated the 13th Canon of its 7th Session.[16]
Fr. James O'Kane’s (1825 – 1874) adds, “It is evident that to maintain the proposition condemned by the canon of Trent would be implicitly to maintain that the Church has not power to institute ceremonies or require their observance under pain of sin, which is an error in faith.”[17] For anyone that disputes this point, I submit to you none other than the interpretation of St. Robert Bellarmine. He writes,
The Ceremonies instituted by the Church cannot be omitted without sin, even without scandal. This depends upon another question, whether Ecclesiastical laws oblige in conscience. We disputed on that point in On the Roman Pontiff, book 4, ch. 15 et seqq. The particular reason is from Paul in Romans 13:1-2, “There is no power except from God, moreover, those things which have been ordained by God, therefore he who resists the power of God resists the ordination of God, while he that resists Him acquires damnation.” And in v. 5, “Therefore, out of necessity be subject, not only on account of wrath, but even on account of conscience.” Such a teaching, even if the Apostle applies it to princes in particular times, when he added in verse 4, “If you do badly, fear, for he carries a sword without cause;” nevertheless, the general teaching is on all those having power, as Calvin concedes in The Institutes, 4,10 § 5, and it is clear from those words in verse 1, There is no power but from God. For that very proposition is equivalent to this, All power is from God. Moreover, in the Church it cannot be denied that there is a certain power of those that have been put before others, since in Scripture it says, “He that is in charge in solicitude ( Romans 12:8), and “I write these things while I am absent so that when I am present I will not deal with you more harshly according to the power which the Lord gave to me.” (2 Corinthians 13:10). Or again, “Obey those that have been put over you.” (Hebrews 13:17). Therefore, it is effected that he that does not preserve the laws of the Church will sin in conscience. All these things show it: “They resist the ordinances of God; they acquire damnation for themselves, be subject from necessity; not only on account of wrath, but also on account of conscience.” (See loc. cit.) But in particular, that ceremonies are not all of free observance is proven from the fact that grave conflicts arose in the Church on account of ceremonies, and laws were imposed under the severest penalties in regard to ceremonies, and at length they were held as heretics who did not obey. Such are all the manifest arguments that this matter is not free: for conflicts do not come about from matters that are free.[18]
In the section quoted above, Bellarmine cites his treatise On the Roman Pontiff. For the sake of posterity, I will reproduce the relevant section here:
So far we have proven that the Supreme Pontiff is a judge of controversies which arise in the Church and that he is certain and infallible in his judgment. Now follows the third question:
Whether the Supreme Pontiff can compel the faithful to believe or do that which he has judged. The same thing is understood about other bishops, save for proportion. But before we come either to our arguments or those of our adversaries, it will be worthwhile to record a few things on the state of the question, as well as the opinion of our adversaries.
Therefore, first it must be noted that we do not speak about the Pope as a temporal prince of a certain province. In this manner, it is certain that he can impose laws on his subjects and also turn to them with the sword. The heretics do not deny this in regard to the arrangement wherein the Pope is a temporal prince, although they deny it is fitting for him to exercise such a rule. We will speak more on that matter in the next book. Therefore, now we only treat on the Pontiff as he is the Pontiff of the whole Catholic Church. Moreover, we ask whether he may have true power over all the faithful in spiritual matters just as temporal kings have in temporal affairs, to the extent that, just as they can make civil laws, so also the Pope can make ecclesiastical laws truly obliging in conscience as well as punish transgressors with spiritual penalties at least, such as excommunication, suspension, interdict, irregularity, etc. We will treat on temporal or civil power which the Pope has either directly or indirectly in the following book. At present we are only discussing the spiritual or ecclesiastical, whose end is eternal life.[19]
…
Lastly, it must be noted that the opinion that teaches there is no authority in the Church to make laws that oblige the faithful in conscience pleases many heretics. So formerly the Waldenses thought, as St. Antoninus attests. Marsilius of Padua taught the same thing in a book titled Defender of Peace, against which Albert Pighius wrote; John Wycliffe taught the same thing, from where it was gathered that the decretals of the Popes were apocryphal, and only stupid men devoted themselves to recognizing them. Jan Hus later taught the same thing, as John de Wessalia notes in a little book on his condemnation that was made at Moguntium, in 1479, the first of which was that the prelates of the Church could not make a law which obliges in conscience but could only exhort men to keep the commandments of God.
Thereafter in our own times, all Lutherans and Calvinists teach the same thing. Above all Luther in his book On the Babylonian Captivity, in the chapter on Baptism: “By what right does the Pope constitute laws over us? Who gave him the power of placing the liberty that was given to us through Baptism captive, when neither the Pope nor a bishop nor any man should have the right to constitute one syllable over a true Christian unless it were done by the consent of the same.” He teaches similar things in his book on Christian liberty, which Iodocus Clicthouseus refutes, as well as John of Rochester [Fisher] in his attack on the assertion of article 27. Yet Luther most vehemently treats it in his explication of the vision of Daniel, and that he might condemn ecclesiastical laws even by his deeds, in the year 1520 he publicly burned the whole body of canon law, as John Cochlaeus writes in the life of Luther.
Melanchthon teaches the same thing in the Augsburg Confession and in his defense of the same; so does Calvin; the opinion of all of them is nearly the same, and can be reduced to certain headings.
1) They teach that bishops and hence even the Pope can constitute a certain order in the Church to preserve useful discipline, such as to define on what day men should go to church, who should sing the Psalms and how, or the Scriptures that must be read in the Church, etc.; but still, such constitutions do not oblige in conscience, except by reason of scandal, so that one would be free to keep or not keep these laws in a manner without scandal to others. But the Pope or bishops cannot constitute any true law which is not expressly in Scripture.
2) They teach that not only can the Pope or bishops not make a new law, but neither can they compel Christians to keep the law of God by a command from authority. Even if it occurs in the form of judgment in proceeding against transgressors, still they can only resort to exhortation, advice and rebuke to make men preserve the law of God.
3) They teach that while there is a power of excommunicating in the Church (that is, of rejecting incorrigible men from the body), nevertheless, they do not mean this power is in the Pope or the bishop per se, but only in the Church, which for them means the body of ministers along with the consent of the people. This should not be a wonder, since they deny the Pope is greater than a bishop, or a bishop greater than a priest in regard to authority. Moreover, they grant nothing to priests except that they can preach and minister the Sacraments to those men over whom a secular magistrate commands.
But in the Catholic Church it has always been believed that bishops over their dioceses (as well as the Roman Pontiff over the whole Church), are true ecclesiastical princes, who can impose laws that oblige in conscience, judge in ecclesiastical cases, and at length, punish by the custom of others—all without the consensus of the people or the counsel of priests. We will briefly prove these things.[20]
The 13th canon was never understood as forbidding the Supreme Pontiff from altering or creating entirely new liturgical rites. For example, St. Alphonsus Liguori notes in his History on the Council of Trent,
There is no doubt whether the Church has the power to establish and change the rites or ceremonies applied in the administration of the Sacraments, as the Council of Trent itself teaches (Sess. 21, cap. 2). Nevertheless, this power belongs to the Church alone, which is why it forbids any other from changing the rites, otherwise, as St. Augustine says (Epist. 54, alias 118) new things constituted by the ministers would disturb the order and the common peace of the Church.[21]
Likewise, Italian theologian Giovanni Perrone (1794-1876) writes,
This definition directly affects the power whereby the Church was instructed by Christ to institute those things which concern the administration of the Sacraments, save for their substance [i.e., form of the sacraments], precisely as this same Council declared (Sess. 21 cap. 2) saying, ‘It furthermore declares, that this power has ever been in the Church, that, in the dispensation of the sacraments, their substance being untouched, it may ordain, or change, what things soever it may judge most expedient, for the profit of those who receive, or for the veneration of the said sacraments, according to the difference of circumstances, times, and places.’ This is why, in the same way, to scorn the approved and received rites of the Church or to omit them at one’s pleasure, or to change them into new rites on one’s own private authority, is also to deny the power conferred upon the Church by Christ which, which cannot altogether be done. [Footnote 3] “(171) That the Church was equipped with this power by Christ is certain: 1) From the Apostle [Paul], in 1 Cor. 11, when he wrote many things on the Sacrament of the Eucharist, and he concludes in verse 34, ‘What remains, I will set in order when I come’.”
Footnote 3:
Here we must note both in regard to this and in regard to some other theses of this sort, so far as these are on faith, so much also they contain a fact joined with a right. A fact in the present proposition is that the rites or other ceremonies which are taken up in solemn administration of the Sacraments; certainly these are neither divinely instituted nor contained in divine revelation. Right is the power conferred upon the Church by Christ to establish rites or ceremonies of this sort; moreover, this right is certain from divine revelation. Besides, to deny, scorn or teach that these rites can be omitted without sin is at least indirectly to attack the very right which is suited to the Church by divine institution; accordingly this is against the faith.[22]
2. Quo Primum
Neo-traditionalists also frequently cite Pius V’s apostolic constitution Quo Primum (1570) in attempt to undermine the liceity of the Novus Ordo Missae. There are generally two arguments adduced from Quo Primum: (1) Pius V explicitly states that the Roman Missal may not be changed; and (2) that suppressing immemorial customs is an injustice. Concerning the first point, Pius V writes,
We order and enjoin that nothing must be added to Our recently published Missal, nothing omitted from it, nor anything whatsoever be changed within it under the penalty of Our displeasure.
In his article, “What changes were made to the Tridentine Missal before 1962?” Fr. Aaron Williams lists several changes that were made to the Roman Missal after the promulgation of Quo Primum. He notes,
Though Pope Saint Pius V, in his apostolic constitution Quo Primum, promised the wrath of Saints Peter and Paul upon anyone who would attempt to change the Missale Romanum of 1570, the Tridentine Missal did in fact undergo many minor (and sometimes even major) alterations before it reached the 1962 form in use today in the Extraordinary Form of the Roman Rite.
In 1605, Pope Clement VIII recognized that in the mere thirty-five years since the publication of the Missale Romanum many editorial changes were made by independent publishers without permission, particularly in relation to certain ancient scriptural citations from the Old Latin versions. Publishers were rendering these texts according to the official Vulgate edition. Pope Clement ordered that these texts be restored to their more ancient versions. However, in 1634 Pope Urban VIII reversed this decision by ordering that scriptural texts in the Missal reflect those of the Vulgate edition. Though no rubrical changes occurred, he also ordered some rubrics be re-worded to be more understandable.
No further changes were made to the Missal itself until 1884 when Pope Leo XIII ordered a revision of the calendar. By that time, the calendar was becoming so full of feasts that many saints were being omitted entirely—being superseded by other feasts on the same day. In addition to the removal of these feasts, Leo XIII also ordered a restoration of rubrics which, though never changed in the official versions, were being altered in local printings particularly in France and the surrounding regions. Leo XIII also established the custom of the traditional ‘Prayers after Low Mass’ which, though not part of the Missal itself, were nevertheless mandatory.
In 1920, Pope Benedict XV ordered a major revision of the Breviary and a sizable alteration of the Missal, which was envisioned by Pope St. Pius X, though never initiated before his death. This revision included the addition of several feasts, and a rubrical reform of the calendar, particularly relating to the practice of seasonal commemorations and the restoration of Lenten ferial days. Other feasts were added in the 20th century including Christ the King on the last Sunday of October (1925), the elevation of the Feast of the Sacred Heart to that of a first class (1932), and the Votive Mass of Our Lord Jesus Christ, Eternal High Priest (1935).
Pope Pius XII made perhaps the most significant changes with his reform of Holy Week in 1955, but he also introduced several other feasts including the Assumption, the Immaculate Heart of Mary, and St. Joseph the Worker. Permission was also given for the usage of vernacular hymns during low Mass, and the reading of the lections in the vernacular. And, of course, in 1962, Pope St. John XXIII issued a new edition of the missal which added the name of St. Joseph to the Roman Canon and removed the term ‘perfidious’ from the Good Friday intercession for the Jews.[23]
It should also be noted that Pius V issued similar prohibitions against making changes to the Breviary in his papal bull, Quod a nobis (9 July 1568).[24] It not only prohibits pastors for altering the breviary, but it also suppresses all local Breviaries that were not older than two hundred years. Pius V writes,
Having thus forbidden to anyone the use of any other, we order that our breviary and form of praying and chanting be kept in all churches around the world... according to the custom and rite of the Roman Church, except the aforesaid institution or custom exceeding two hundred years: stating that this breviary, at any time, may not be changed in whole or in part, except nothing whatsoever can be added to it or taken away from it...[25]
In his letter to Archbishop Studium Pio (August 16, 1842), Pope Gregory XVI lists the Breviary as one of the Rites of the Church. He writes,
Nothing would be more desirable than to see observed by all those under your care and in every place the constitutions of Saint Pius V, our Predecessor of immortal memory, who wished that no one should be dispensed from the obligation of adopting the Breviary and the Missal published, according to the mind of the Council of Trent for the use of the Roman Rite, except those who for over two centuries had used a different Breviary or Missal.
a) Immemorial Custom
In his apostolic constitution Quo Primum, Pius V permits the usage of liturgies older than 200 years. He writes,
This new rite alone is to be used unless approval of the practice of saying Mass differently was given at the very time of the institution and confirmation of the church by Apostolic See at least 200 years ago, or unless there has prevailed a custom of a similar kind which has been continuously followed for a period of not less than 200 years, in which most cases We in no wise rescind their above-mentioned prerogative or custom. However, if this Missal, which we have seen fit to publish, be more agreeable to these latter, We grant them permission to celebrate Mass according to its rite, provided they have the consent of their bishop or prelate or of their whole Chapter, everything else to the contrary notwithstanding.
Canon 30 of the 1917 CIC distinguishes three kinds of customs: particular, centenary and immemorial. Particular customs are those which have been observed for at least thirty years, centenary customs are those which have been observed for at least one hundred years, and immemorial customs are those which have been observed for as long as anyone in the community can remember. Some argue that the suppression of immemorial customs (in this case the Usus Antiquior) is an injustice against the patrimony of the Church. There is a twofold problem with this argument.
First, in his article, “Immemorial Custom and the Missale Romanum of 1962,” Fr. Anselm Gribbin argues that once an immemorial custom has become a universal law it no longer retains the force of custom. Second, even if the Usus Antiquior did retain the force of custom, there is nothing preventing the Church from abrogating it. Canon 5 of the 1917 CIC explicitly states that the Church may revoke even universal and immemorial customs. The canon reads:
Customs presently in force, whether universal or particular, but against the prescriptions of these canons, if they are indeed expressly reprobated, are to be corrected as a corruption of the law, even if they are immemorial, nor are they permitted to revive in the future; other customs, clearly centenary or immemorial, can be tolerated if Ordinaries determine that, due to circumstances of person or place, they cannot be prudently removed; other customs are considered suppressed, unless the Code expressly provides otherwise.
That being said, Paul VI never
thought he was replacing the Old Roman Rite with an entirely new one. In his correspondence with Jean Guitton, Paul
VI wrote, “I have kept the canon of St. Pius V in the four canons of the new
liturgy, where it holds the first place.”[26]
Although it can be credibly argued that the revision of the Latin rite under
Paul VI is so extensive that it effectively creates a new rite in all but name,
while suppressing one of the ancient rites of the Church. Even on that
assumption, I see no basis for denying that it is within the competence of the
supreme authority to establish new liturgical forms, as none of the ancient
forms as we know them date to apostolic times. For example, according to some
estimates the Liturgy of St. John Chrysostom is 80% new from the Liturgy of St.
James; whereas the Maronite rite, which owes a lot to the Liturgy of St. James,
is basically a new rite created in the 8th century. No one would
argue, however, that these rites are illicit on the basis that they differ
radically from their liturgical predecessors. Although there’s a strong case
that it is a great loss to suppress one of the ancient liturgies for any
reason, but it would be much more difficult to prove that the Church has no
authority to do so. After all, there are undoubtedly many local ancient
liturgies that have been lost to history, being replaced the Byzantine and
Roman rites. In any event, Pope Benedict XVI declared that the old form of the
Latin rite should not be suppressed; indeed that it was never suppressed.
In his correspondence with Paul VI, Jean Guitton noted that the primary issue with the new missal was not the canons but the offertory. Neo-traditionalists argue that the changes made to the offertory essentially entails a rejection of the sacrificial dimension of the Mass. Ratzinger notes, however, that the “sacrificial dimension was never located in the Offertory, but in the Eucharistic Prayer, the Canon.”[27] He continues by addressing the etymology of the term “Offertory,” which is derived from the Latin offerre. As Ratzinger notes, “offerre” does not mean to sacrifice but rather to prepare. The idea was simply that the altar had to be prepared for the Eucharist. This was seen as an external preparation for what was to take place.
[1] https://sspx.org/en/1974-declaration-of-archbishop-lefebvre
https://sspx.org/en/%E2%80%9Ci-adhere-eternal-rome%E2%80%9D
[2] John Lessard-Thibodeau, “Arriving at the Juridic Status of the Priestly Fraternity of Saint Pius X,” 44. https://ruor.uottawa.ca/bitstream/10393/37735/1/Lessard-Thibodeau_John_%202018.pdf
[3] https://www.sspxasia.com/Documents/Archbishop-Lefebvre/Apologia/Vol_one/Chapter_12.htm
[4] https://www.sspxasia.com/Documents/Archbishop-Lefebvre/The-Ordinations-of-June29-1976.htm
[5] Joseph Pohle, The Sacraments: A Dogmatic Treatise (Volume I), edited by Arthur Pruss (St. Louis, Mo: B. Herder, 1915), 111-113.
[6] https://christianity.stackexchange.com/questions/50422/how-does-the-catholic-church-prioritize-different-sources-of-information-in-comi
[7] Ignatius Szal, “Communication of Catholics with Schismatics,” (Washington: CUA 1948), 1-2.
[8] Letter of His Holiness Pope John Paul II to Archbishop Marcel Lefebvre (9 June 1988). Theological Centrum Documentation Service, Vol. VIII, No. 8, August 1995, 12-13.
[9] John A. Abbo & Jerome Daniel Hannan, “The Sacred Canons: A Concise Presentation of the Current Disciplinary Norms of the Church,” Volume 1 (St. Louis: B. Herder Book Co., 1960), 44.
[10] H. J. Schroeder, O.P., Canons and decrees of the Council of Trent, (St. Louis, MO: B. Herder Book Co,. 1941), 53.
[11] Charles Augustine, A Commentary on the Code of Canon Law, Book III, Volume IV (St. Louis: B. Herder Book, 1920), 559-560.
[12] Joseph Pohle, The Sacraments: A Dogmatic Treatise (Volume I), edited by Arthur Pruss (St. Louis, Mo: B. Herder, 1915), 111-113.
[13] Frederick McManus, “The Congregation of Sacred Rites,” Canon Law Stuides No. 352, (Wshington: CUA, 1954), 6.
[14] ibid., 9-11.
[15] ibid., 13-14.
[16] John Hogan, “The Art of the Liturgy,” in American Ecclesiastical Review, Volume 13, (Philadelphia, PA: American Ecclesiastical Review Co.. 1895), 323.
[17] James O'Kane, Notes on the Rubrics of the Roman Ritual Regarding the Sacraments in General (Dublin: James Duffy, 1867), 47.
[18] Robert Bellarmine, Controversies T. III, lib. 2, De Effectu Sacramentorum, ch. 31. https://lumenscholasticum.wordpress.com/2021/07/05/bellarmine-on-trent-sess-vii-can-13-the-sacramental-rites-and-ceremonies-2/?fbclid=IwAR2m5FPXX0ZHwjB9TDp-gD636p3JEE80itVNc3d9NFCqxtfCzH530EURu0s#more-734
[19] Robert Bellarmine, On the Roman Pontiff, Volume II, Book 4, translated by Ryan Grant. (Post Falls, ID: Mediatrix Press, 2016), 235.
[20] ibid., 237-238
[21] Alphonsus Liguori, Opera Dogmatica, Tr. V Concilii Tridentini Decreta et Canones, Disp. V, Sess. VII, Decretum de Sacramentis, n. 35. (Translation by Ryan Grant).
[22] Giovanni Perone, Praelectiones Theologicae, T. 3, De Sacramentorum Ritibus, pp. 44-46: 169. [Quotes Sess. VII can. 13] 170. (Translation by Ryan Grant)
[23] https://adoremus.org/2019/03/q-what-changes-were-made-to-the-tridentine-missal-before-1962/
[24] https://books.google.com/books?id=-cXYqusIEx8C&dq=breviarium%20romanum&pg=PP9#v=onepage&q&f=false
[25] https://books.openedition.org/pur/110216?lang=en
[26] https://www.academia.edu/37099150/Paul_VI_and_Jean_Guitton_on_Archbishop_Marcel_Lefebvre
[27] Joseph Ratzinger, God is Near Us: The Eucharist, the Heart of Life (San Francisco: Ignatius Press, 2003), 66.
