Volume
1, Chapter 7
In a letter to Mgr. Mamie
dated 31 May 1975, Cardinal Tabera reaffirmed his approval and support
for Mgr. Mamie's action in withdrawing recognition from the Society
of St. Pius X.
Within a few days of writing
this letter, Cardinal Tabera died suddenly. Let us pray that God
may have mercy on him.
31
May 1975 - Letter of Mgr. Lefebvre to Pope Paul VI
Most Holy Father,
Prostrate at
the feet of Your Holiness, I assure you of my entire and
filial submission to the decisions communicated to me by
the commission of Cardinals in what concerns the Fraternity
of St. Pius X and its Seminary.
However, Your
Holiness will be able to judge by the enclosed account1
if, in the procedure, Natural and Canon Law have been observed.2
When I think of the toleration Your Holiness shows with
regard to the Dutch bishops and theologians like Hans Küng
and Cardonnel, I cannot believe that the cruel decisions
taken in my regard come from the same heart.
If it is true
that the only ground of accusation against me that is retained
is my Declaration of 21
November 1974, I beg Your Holiness to refer me to the
competent Congregation: the Sacred Congregation for the
Doctrine of the Faith.
Oh, how I wish
Your Holiness would deign one day to welcome the members
of the Sacerdotal Fraternity of Saint Pius X and its seminarians,
with their poor superior! Your Holiness would see at once
their deep devotion to, and veneration of, the Successor
of Peter and their unique desire to serve the Church under
his shepherd's crook.
There is no
doubt that their concern to preserve a pure and full faith
in the midst of the confusion of this world's ideas joins
us with Your Holiness's concern, and if, at times, they
express it in a somewhat impassioned way, I ask Your Holiness
to pardon a zeal which is excessive but which comes from
generous souls ready to give even their blood in defense
of the Church and her Head, like the Machabees and all the
martyrs.
May Mary the
Queen, whose feast we keep today, bring Your Holiness the
assurance of our filial affection.
And may God...
Marcel
Lefebvre.
|
On 2 June 1975, Mgr. Mamie
published the Cardinals' letter of 6 May to Mgr. Lefebvre.
On
5 June Mgr. Lefebvre's lawyer lodged his appeal with the Court of
the Apostolic Signature in Rome, listing serious breaches of Canon
Law in the action taken against him and demanding the production
of evidence that the Pope had in fact authorized the Cardinals to
take their quite unprecedented action against the Society of St.
Pius X. The text of appeal is entered under 21
May 1975.
Bulletin
No.17 of the International Federation Una Voce, published
6 June 1975, included a comment by its distinguished president,
Dr. Eric M. Saventhem, concerning the action taken against Mgr.
Lefebvre. His remarks included the following:
With Mgr. Lefebvre's
reply to the Abbé de Nantes known in Rome, the article
in L'Osservatore Romano {8 May 1975, p.63-67}stands revealed
as a deliberate calumny.3
But this "Reply," Mgr. Lefebvre had given an answer
to all L'Osservatore Romano's rhetorical questions
even before they were formulated. To raise them all the same,
in the Vatican's official newspaper, and without breathing a word
about the "Reply," is rank dishonesty.
The Cardinals' letter
shows the sanctions now imposed on Mgr. Lefebvre to be based solely
on the accusation that his Declaration is "incompatible with
authentic fidelity to the Church, the Pope and the Council."
Implied in this reproach is the accusation of a schismatic intent.
It is not suggested that the Declaration is in any way incompatible
with the "authentic doctrine concerning the Church, the Pope
and the Council" - the Cardinals know that they cannot
fault the text of the Declaration on doctrinal grounds. And no
proof is offered for the "schismatic intent" other than
that strange reference to the "traditional language of the
sects." One would like to know what sects the Cardinals were
thinking of and one would ask them the following question: what
about those who invoke the "Church of today" in order
to shirk obedience to the "Church of all the ages"?
Is that not much more typically a sectarian line of thought and
argument?
More profoundly though:
what are criteria for "authentic fidelity"? Surely the
chief criterion is that of total acceptance and public profession
of the Church's own doctrine concerning Herself and particularly
Her supreme hierarchical authority, i.e. the Pope and any legitimate
council whose decisions the Pope has endorsed? In that case the
accusation of "lack of authentic fidelity" would have
to be made in the first place against those who, like Professor
Küng, have openly attacked this doctrine. And if the Cardinals
have found it necessary, in the case of Mgr. Lefebvre, to withdraw
the ecclesiastical approbation which makes Ecône a proper "seminary,"
then Professor Küng should have long since been deprived
of his missio canonica, i.e. the authority by virtue of
which he instructs future priests in fundamental theology.
Nothing can be more
arbitrary than the Cardinals' decision - and this notwithstanding
the fact that it is said to be fully endorsed by the Holy Father
himself. There is no evidence of this endorsement, to begin with.
Moreover, it is unheard of that a senior member of the episcopal
hierarchy (Mgr. Lefebvre has been a bishop for nearly 30 years
and has held high Curial offices as Apostolic Delegate for the
French-speaking parts of Africa) should be "disciplined"
without due process - before either the Congregation for Bishops
or the Congregation for the Faith - and that sentence should be
passed in the name of the Holy Father without the "accused"
having appeared before his judge: since he founded the Fraternity
in 1969 Mgr. Lefebvre has twice made a formal request to be received
in audience by His Holiness and in both cases no audience was
in fact granted.
Suffering from so
many defects, both as regards form and equity, the decisions of
the Cardinals' Commission cannot bind anyone in conscience - least
of all the Archbishop himself. Life at Ecône is continuing
without change and Mgr. Lefebvre is consulting his many friends
in Rome as to the proper procedure with which to appeal against
the Roman judgment.
On
10 June 1975 Mgr. Lefebvre's appeal was rejected on the grounds
that the condemnation of the three Cardinals had been approved in
forma specifica by the Pope and that therefore no appeal was
admissible. Had this appeal gone forward it would have been necessary
to produce the "express mandate" of the Holy Father authorizing
the three Cardinals to act against Mgr. Lefebvre and also the approbation
in forma specifica of the action which they took. There is
every reason to believe that no such documents exist and that therefore
the action taken against Mgr. Lefebvre was uncanonical and automatically
void. Had these documents existed there is not the least doubt that
the Commission of Cardinals would have produced them. The decision
against Mgr. Lefebvre could then have been set out, as was that
against Fr. Coache, which, although unjust, at least denoted an
observance of the correct legal procedure. The decision against
Fr. Coache was phrased as follows:
On 1 March 1975 there was
a meeting of the Commission of Cardinals which the Holy Father
had designated by a letter of the Secretariat of State No. 265
485 of 4 November 1974 to re-examine ex novo etc. The above-mentioned
decree was submitted to the consideration of Pope Paul VI who,
re mature pensa, approved it in omnibus et singulis
on 7 June 1975, and ordered that it should be notified as soon
as possible to all the parties concerned.4
It is quite clear that the
Pope's letter to Mgr. Lefebvre of 29
June 1975 (which will be found in its chronological order) was
an attempt to give retroactive legality to a manifestly illegal
process. This letter, far from allaying doubts concerning the regularity
of the procedure against the Archbishop, constituted the clumsiest
of possible public admissions that it had been irregular. This a
posteriori legalization of an illegal act will certainly scandalize
anyone in the least familiar with the most elementary principles
of jurisprudence. As Mgr. Lefebvre expressed it himself:
Has anyone ever seen, in
Canon Law, or in other legal systems, a law, a decree, a decision
endowed with a retroactive effect? One condemns and then judges
afterwards.5
A final point with regard
to Mgr. Lefebvre's appeal - it was rejected in only five days whereas
such appeals normally involve months or even a year or more of study.
On
14 June 1975, Mgr. Lefebvre's lawyers lodged an appeal with the
Supreme Tribunal of the Apostolic Signature. He did not even receive
a reply to this appeal, and in fact he discovered that Cardinal
Staffa had been threatened with dismissal if he so much as examined
any appeal coming from Mgr. Lefebvre.6
There
may be readers who find it impossible to believe that those charged
with governing the Church founded by Christ could behave in such
a manner. It will suffice to cite the case of Father Coache once
more to dispel their illusions. Among the many invaluable historical
documents published by Itinéraires is its Dossier:
The Unjust Condemnation of Fr. Coache (160 pages in length)
in its issue of January 1976. It includes numerous letters to and
from Fr. Coache, his Bishop, and various Vatican departments. Fr.
Coache had incurred the displeasure of his Bishop for the crime
of organizing a procession of the Blessed Sacrament, and he was
to be deprived of his parish. He informed his Bishop that he would
appeal to Rome against the decision and duly wrote his appeal. But
learning there was a postal strike in Italy, he delayed posting
it. Some days later the Vicar General arrived with a telegram from
the Vatican announcing that his appeal had been rejected. Fr. Coache
opened the drawer containing the envelope with his appeal in it,
showed it to the Vicar General and said: "Here's my appeal.
I haven't posted it yet!" Exit the Vicar General in confusion.
A few days later, the postal strike being over, a letter from the
Vatican confirming the rejection of his appeal arrived. The Latin
text and translation are set out below. This letter proves that
no Catholic today can presume that any statement coming from the
Vatican is true. The same goes for the "establishment"
of the "Conciliar Church" in any country. I have a number
of examples on record of straightforward lies told by prominent
Liberal clerics in England.
The text of the letter from
the Sacred Congregation for the Clergy is taken from the January
1976 issue of Itinéraires.
SACRA CONGREGATIO
PRO CLERICIS
Prot. 124205
Romae, 6 Junii
1969.
Excellentissime
Domine,
Examini subiecto
recursu Reverendi sacerdotis Coache Aloisii, istius dioeceseos,
haec Sacra Congregatio respondit: "Recursum esse reiciendum."
Velit Excellentia Tua de hac responsione certiorem facere
recurrentem, qui pareat praeceptis Ordinarii sui.
Dum haec Tecum communico cuncta fausta Tibi a Domino adprecor
ac permanere gaudeo.
Excellentiae Tuae Rev. mae addictissimus.
P. Palazzini,
a Secretis.
Excellentissimo
ac Rev. mo Domino,
D. NO STEPHANO
DESMAZIÉRES
Episcopo
Bellovacen.
|
A translation of this letter
follows.
Excellentissime Domine,
Having examined Fr. Coache's Appeal, our Sacred Congregation has
decreed: "The Appeal is rejected."
Please have the goodness to communicate this decision to the plaintiff
in order that he may obey the orders of his Bishop, etc. etc.
An
Editor Silenced
There was considerable sympathy
for Ecône and the Old Mass in England. Particularly significant
in this connection was the editorial of the Catholic Herald
of 13 June 1975 (the issue which reported the suppression of Ecône).
It began by admitting that
most of the letters received by the editor concerned the liturgy,
and that most of these letters were against the reforms. It went
on to refer to the recent episcopal pronunciamento, which
was simply a restatement of the October 1974 renewed proscription
of the Old Mass by the Congregation for Divine Worship. Describing
this as "a landmark in ecumenical history," the editorial
stated:
The present position
of the Catholic seems to be this: If he wants to attend a Tridentine
Mass, the priest who proposes to say the Mass has first to receive
permission from a bishop; if, on the other hand, the Catholic
wishes to attend a non-conformist service, at the heart of which
may be a denial of the Real Presence, he does not have to seek
permission at all. Indeed, some priests positively encourage the
faithful to attend the services of other denominations. This may
be a good thing. At the same time it adds up to a nice irony.
Those who wish to
attend the Tridentine Mass as a matter of course - while not wishing
to deprive others of the New Order - do not do so necessarily
because they love Latin. Many of them, for instance, find the
new Latin Mass tiresome. And many of those who wish to see a return
of the Tridentine rite cannot utter a word of Latin (though they
are perfectly capable of reading the crib in their missals). They
wish merely to see the old Order permitted because it had a dignity
and beauty they find lacking in the New Order.
Clearly, at any rate,
the reforms have gone far enough. The time has come for Catholics
to cry: "An end to it." Perhaps then the bickering will
stop.
It is hardly surprising that
the present Liberal establishment could not countenance the prospect
of an official Catholic weekly presenting the news objectively and
commenting upon it in balanced editorials. It was soon made clear
to Stuan Reid, the newly appointed editor, that although he had
been guaranteed editorial freedom, this meant only freedom to write
what was acceptable to the Liberal establishment. He was told that
he must either submit his editorials to censorship or have them
written for him by someone who could be guaranteed not to deviate
from the party line. Under these circumstances he felt that he had
no honorable option but to resign.
A
Priest Dismissed
On 15 June 1975, Fr. Pierre
Épiney, the young parish priest of Riddes, the nearest parish
to the Seminary at Ecône, was summarily deprived of his parish
by Mgr. Adam, because of his "refusal to submit to the Sovereign
Pontiff and to Vatican II.”
In an open letter to Fr.
Épiney, Mgr. Adam stated that this was the most cruel decision
in his 23-year episcopate but that he would be failing in his duty
if "by my silence, I were to collude with your disobedience."
Within a few days of the Bishop's decision being known over 800
of the adult parishioners had signed a petition in support of Fr.
Épiney and more have since been added. This represents almost
all the adult practicing Catholics in the parish. An earlier petition
to have Fr. Épiney removed attracted only 12 signatures.
Fr. Épiney complied with Mgr. Adam's order to vacate his
parish church on 15 June but conducted an evening vigil before the
Blessed Sacrament which concluded exactly at midnight, when he left
the Church which had been packed to the doors for the vigil.
Evidently, there is only
one serious sin in the contemporary Church - "to refuse to
submit to Vatican II." One of the grounds for the dismissal
of Fr. Épiney was that he had returned to the celebration
of the Tridentine Mass. As, to the certain knowledge of Mgr. Adam,
he has been saying only this form of Mass for several years, the
Bishop's sudden pangs of conscience are curious to say the least.
Needless to say, the real
reason for Fr. Épiney's dismissal was his refusal to obey
the diktat of the faceless Roman authority who insisted that
"no support whatsoever must be given to Mgr. Lefebvre."
On 29 June 1975, Pope Paul
VI dispatched his first letter to Archbishop Lefebvre. This letter
was made public in a dossier on Ecône published in the Nouvelliste
of Sion on 12 December
1975. (Sion is the diocese in which Ecône is situated.)
29
June 1975 - Letter
of Pope Paul VI to Archbishop Marcel Lefebvre
To our Brother
in the Episcopate, Marcel Lefebvre
Former Archbishop-Bishop of Tulle.
Dear Brother,
It is with sorrow
that We write to you today. With sorrow because We appreciate
the interior anguish of a man who sees the annihilation of
his hopes, the ruin of the initiative which he believes he
has taken for the good of the Church. With sorrow because
We think of the confusion of the young people who have followed
you, full of ardor, and now find themselves in a blind alley.
But Our grief is even greater to note that the decision of
the competent authority - although formulated very clearly,
and fully justified, it may be said, by your refusal to modify
your public and persistent opposition to the Second Vatican
Council, to the post-conciliar reforms, and to the orientations
to which the Pope himself is committed - that this decision
should still lend itself to discussion even to the extent
of leading you to seek some juridical possibility of invalidating
it.
|
The precise reason for the
Pope's "grief" at Mgr. Lefebvre's attempt to "invalidate"
the action taken against him is that he has had the temerity to
resort to the standard legal procedure and lodge an appeal to the
competent tribunal. As, according to the Commission of Cardinals
and stated expressly in its letter of 6
May 1975 (see p.59), the sole motive
for the action taken against Mgr. Lefebvre was the Declaration of
21 November 1974,
the competent authority to decide upon the orthodoxy of this letter
was the Congregation for the Doctrine of the Faith. Mgr. Lefebvre
has asked that his Declaration be examined by this Congregation,
the "competent authority," but this request has been denied.
Careful note should also
be taken of the manner in which no distinction is made between "opposition
to the Second Vatican Council, to the post-conciliar reforms, and
to the orientations to which the Pope himself is committed."
All must be accepted together as a strict package.
Although, strictly
speaking, it is not necessary to recapitulate, We do however deem
it opportune to confirm to you that We have insisted on being
informed concerning the entire development of the inquiry concerning
the Priestly Fraternity of St. Pius X, and from the very beginning
the Cardinals' Commission, which We set up, regularly and most
scrupulously rendered an account of its work. Finally, the conclusions
which it proposed to Us, We made all and each of them Ours, and
We personally ordered that they be immediately put into force.
This is the first documentary
evidence to support the claim that the Pope had given approval to
the action taken against Mgr. Lefebvre in forma specifica.
Papal approval is normally given to acts of the Curia in forma
communi. This simply gives the necessary legal status to the
curial act in question when such approval is necessary. A decree
which has received such approbation still remains the decree of
those who enacted it - it is an act of the Holy See rather than
a specifically papal act. If such an act contained legal irregularities
sufficient to invalidate it, then it would be invalid despite having
received papal approval in forma communi. Without proof to
the contrary, papal approbation should always be presumed to have
been given in forma communi. The special approbation
known as in forma specifica is granted only after the Pope
has given the matter his close personal attention in every aspect
and possibly made changes in the text submitted to him. Such approval
is indicated by such formulas as ex motu proprio, ex scientia
certa, de apostolicae auctoritatis plenitudine. This manner
of approbation transforms the act into a specifically papal one
and the steps leading up to it are considered as having only consultative
status. Normally, even if there had been legal irregularities in
the preliminary stages, these could not affect the juridical validity
of a decision which the Pope had made his own. Up to the publication
of this letter there had been no more than a gratuitous affirmation
by Cardinal Villot that the Pope had approved the steps taken against
Mgr. Lefebvre in forma specifica, thus blocking the appeal
which could have revealed, inter alia, that no such approval
had been given up to that point. The question that must be asked
is whether this letter from the Pope is an attempt to give approval
in forma specifica retrospectively. If it is not, why can
no earlier document be produced?
Thus, dear Brother,
it is in the name of the veneration for the successor of St. Peter
that you profess in your letter of 31 May, more than that, it
is in the name of the Vicar of Christ that We ask of you a public
act of submission, in order to make amends for the offense which
your writings, your speeches, and your attitudes have caused with
regard to the Church and its Magisterium.
Mgr. Lefebvre's profession
of veneration for the successor of St. Peter is the only point in
his letter of 31 May
to which specific reference is made. No answer is made to his claim
that Natural and Canon Law have been violated or that his Declaration
should be submitted for judgment to the Congregation for the Doctrine
of the Faith.
Such an act necessarily
implies, among other things, the acceptance of the measures taken
concerning the Priestly Fraternity of St. Pius X and all the practical
consequences of these measures. We beseech God that He may enlighten
you and lead you thus to act, despite your present disinclination
to do so. And We appeal to your sense of episcopal responsibility
that you may recognize the good that would thereby result for
the Church.
Certainly, problems
of another order entirely preoccupy Us equally - the superficiality
of certain interpretations of conciliar documents, of individual
or collective initiatives deriving sometimes rather from arbitrary
wilfulness (libre arbitre) than from confident adhesion
to the teaching of Scripture and Tradition, of initiatives which
arbitrarily evoke the faith to justify them. We know them, We
suffer because of them, and for Our part, We strive in season
and out of season to remedy them.
Pope Paul VI thus shows himself
to be aware of the abuses which are widespread in every aspect of
the Church's life, in doctrine, in the liturgy, in morality. He
returns to this theme on future occasions, most notably in his Consistorial
Address of 24 May 1976
and in his long letter to Mgr. Lefebvre dated 11
October 1976, which can be found under this date. In this letter
Pope Paul even concedes that these abuses are going to the extent
of sacrilege. He invariably stated that he was taking action to
remedy these abuses, but it must be stated, with all the respect
due to the Holy Father, that the anguished faithful in many countries
saw no sign at all of any action being taken to correct abuses during
his pontificate, particularly in the liturgy. To give just one example,
Pope Paul himself made it quite clear that he wished the traditional
manner of receiving Holy Communion to be adhered to in his Instruction
Memoriale Domini of 29 May 1969. But since this Instruction
was published he has legalized the abuse of Communion in the hand
throughout the West. A detailed examination of the manner in which
one liturgical abuse after another has spread throughout the world,
with the acquiescence of the Vatican, will be provided in my book
Pope Paul's New Mass. The beginning of the story has already
been documented in Pope John's Council.
But how can one use
things such as these to justify oneself in committing excesses
which are gravely harmful?
This is truly an astonishing
statement. How is it possible to condemn as harmful excesses the
training of priests in the traditional manner, and in almost total
conformity to the norms laid down during and subsequent to Vatican
II; in continuing to teach traditional doctrine and morality in
total conformity with the acts of the Magisterium dating back 2,000
years, and in conformity with such documents of Pope Paul VI himself
as Mysterium Fidei, his Credo, or his Humanae Vitae;
and in continuing to offer Mass in accordance with the Missal of
Saint Pius V, a Missal which has provided the source of the spiritual
life of so many saints in so many countries, and to which Pope Paul
himself paid tribute in his Apostolic Constitution Missale Romanum?
Such is not the right
way to do things, since it makes use of ways comparable to those
which are denounced. What can one say of a member who wishes to
act alone, independently of the Body to which he belongs?
It also quite astonishing
to find Mgr. Lefebvre's "faults" equated with the abuses
he denounces. His "faults" are to continue teaching the
traditional faith, using the traditional liturgy, and forming seminarians
in the traditional manner even if this involves disobeying the Vatican
and even the Pope himself. How can such devotion to the traditional
faith be compared with the abuses mentioned by the Archbishop in
his letter of 31 May
where he refers to the Dutch Bishops who have publicly questioned
the virginal conception of Our Lord - a doctrine fundamental to
our entire faith? Pope Paul VI did not denounce the Dutch hierarchy.
You permit the case
of St. Athanasius to be invoked in your favor.
If some Catholics claim that
there is a parallel between the case of Archbishop Lefebvre and
that of St. Athanasius, what can the Archbishop do about it? Appendix
I shows that a good case can be made for invoking such a parallel.
It is true that this
great Bishop remained practically alone in the defense of the
true faith, despite attacks from all quarters. But what precisely
was involved was the defense of the faith of the recent Council
of Nicea. The Council was the norm which inspired his fidelity,
as also in the case of St. Ambrose.
St. Athanasius defended not
so much the Council of Nicea as the traditional faith which this
very important dogmatic council taught. Mgr. Lefebvre would certainly
defend any of the traditional articles of faith restated in the
documents of Vatican II, as, indeed, some of them are.
How can anyone today
compare himself to St. Athanasius in daring to combat a council
such as the Second Vatican Council, which has no less authority,
which in certain respects is even more important than that of
Nicea?
Within the space of a few
lines the charge against Mgr. Lefebvre has been changed from allowing
himself to be compared to St. Athanasius to actually comparing himself
with the great saint - something that he has neither done nor would
ever contemplate doing! There is, in fact, a very striking comparison
between Archbishop Lefebvre and St. Athanasius. Pope Liberius subscribed
to one of the ambiguous formulae of Sirmium, which seriously compromised
the traditional faith, and he confirmed the excommunication of St.
Athanasius. It is true that Liberius acted under pressure and later
repented - but it is equally true that it was Athanasius who upheld
the faith and was canonized. The story of Liberius and Athanasius
is told in some detail in Appendix I.
It is really hard to believe
that Pope Paul VI could claim seriously that Vatican II is equal
in authority and in some respects more important than the Council
of Nicea. The Council of Nicea, the first Ecumenical Council, promulgated
infallible teaching concerned with the divinity of Christ - nothing
could be more fundamental or more important. Vatican II deliberately
refrained from utilizing that assistance of the Holy Ghost which
would have enabled it to promulgate infallible teaching. The teaching
of Nicea belongs to the Extraordinary Magisterium and those who
deny it are anathematized. The teaching of Vatican II belongs to
the Ordinary Magisterium and no such sanction is applied to anyone
rejecting it. There is thus no possible way in which the teaching
of Vatican II could be considered equal in authority to Nicea, still
less more important. When the Pope makes such claims he is expressing
his personal opinion and his views in no way demand our assent.
The question of the relative status of the two councils is considered
in Appendix III.
We beg you therefore
to meditate concerning the warning which We address to you with
firmness and in virtue of Our Apostolic authority. Your elder
(brother) in the faith, He Who has received the mission of confirming
His brothers, addresses you, His heart full of hope.
He wishes He could
already rejoice in being understood, heard and obeyed. He awaits
with impatience the day when He will have the happiness to open
to you His arms, to make manifest a refound communion, when you
will have replied to the demands He has just formulated. At present
He confides this intention to the Lord, who rejects no prayers.
In
veritate et caritate,
Paulus PP VI
The Vatican 29 June 1975
The
Significance of Pope Paul's Letter
Jean Madiran, editor of Itinéraires,
considers that the personal intervention of the Pope marks a second
and tragic phase in the campaign against the Archbishop. In the
issue dated February 1977 he writes (pp. 122-123):
What is most tragic,
in the second phase of this deplorable business, is that the Pope
has been prevailed on to condemn the one bishop who is a genuine
defender of pontifical authority, and to condemn him precisely
for that.
Mgr. Lefebvre's Declaration
of November 1974, which is in all points Catholic, has been condemned
by the Holy See "in all points," including the first.
"We cleave with
all our heart and soul to Catholic Rome, guardian of the Catholic
faith and of the traditions necessary to maintain that faith,
to eternal Rome, mistress of wisdom and truth."
To succeed in getting
the Pope to condemn the only bishop in Europe, as far as we know,
who speaks publicly in such terms, and to condemn him precisely
for that, is indeed a masterpiece of self-destruction of
the Church.
On the other hand,
those who make themselves out to be supporters of "obedience"
- and who practice it now and then - destroy authority when they
preach and put into effect an arbitrary, blind, and servile concept
of obedience. Those who "obey the Church" when she condemns
Joan of Arc, those who "obey the Pope" when he signs
and promulgates the first version, unacceptable, of Article 7,
destroy, by making a hateful caricature of it, the very authority
to which they pretend to appeal. It is only the Catholic idea
of obedience which gives a safe and legitimate foundation for
pontifical authority. They are not defending pontifical authority
but destroying it - those who say Paul VI must be obeyed because
he is a man of progress, a truly modern pope, a progressive democrat,
an open and collegial spirit, and the like: for those standards
are matters of opinion, debatable, changeable, and at the mercy
of the manipulators of public opinion with their subjective evaluations
and their presentation of them on radio and television.
Today Mgr. Lefebvre
is the only bishop in Europe and perhaps in the whole world who
proclaims aloud, and openly preaches, the true doctrine of authority
in the Church. He is disowned and attacked by the present holders
of that authority: which amounts to attempted suicide.
Pontifical authority
has only one foundation: Catholic tradition, the first monument
of which is the New Testament. All motives for obeying the Pope
which are outside Catholic tradition are false, deceptive and
fragile. Servile obedience seems for a time to insure for those
who benefit from it the enjoyment of a comfortable despotism.
But it is only an artificial construction, which sows disorder
and is doomed to destruction.
In any case, we are
not taken in! Most of those who demand from us unconditional obedience
to the spirit of the Council and to the Pope who appeals to it
are just those who, until the Council, provided the theory and
gave the example of systematic non-obedience. Those Modernists
and progressives, the theorists and practiced exponents of disobedience
to the Church, are suspect when they start crying up obedience;
and it is at once likely that the obedience they recommend is
not good.
And when the disobedience
they promote is an obedience at one and the same time unconditional
and based on worldly motives ("Paul VI is a modern Pope,
a true democrat who understands his times and is open to evolution"),
evidently that is not Catholic.
Mgr. Lefebvre states
in his Declaration that: "If there is a certain contradiction
manifest in his words and deeds (the Pope's) as well as in the
acts of his dicasteries,7
then we cleave to what has always been taught and we turn a deaf
ear to the novelties which destroy the Church."
That is Catholic
truth, immediately recognized as such, with no hesitation or uncertainty,
by any heart inhabited by theological faith.
Moreover, Mgr. Lefebvre
has proclaimed that truth with great moderation, and with great
delicacy towards the very controversial figure of the reigning
pontiff.
The
Issue Made Clear
With the Pope's letter of
29 June 1975, the issues
at stake have been made quite clear. Our attitude to subsequent
events will be governed by our reaction to the manner in which the
Society of St. Pius X and its Seminary at Ecône were suppressed.
Given that the Pope's letter of 29 June is legally acceptable as
approval of this suppression in forma specifica, it would
be technically correct to concede that the Archbishop is being disobedient.
Let it be noted here that he and his legal advisers do not accept
that even in the light of the Pope's letter of 29
June 1975 the decision against him can be considered as legally
valid. Could it be proved that the decision conformed with the strict
legal requirements of Canon Law, it was clearly an outrage against
the Natural Law, and a Catholic would be entitled to resist such
a decision.
As will be shown in Appendix
II, The Right to Resist an Abuse of Power, Bishop Grosseteste
was certainly resisting a perfectly legal papal command in 1253
- but it would surprise me if a single reader of this book would
say that this great English Bishop was wrong. What every theologian
of repute would certainly accept is that resisting the Pope is not
ipso facto wrong, what matters is the reason for resistance.
What has never ceased to astonish me from the beginning of the whole
affair is not the manner in which Catholic Liberals pour invective
upon the Archbishop - this is only to be expected - but the manner
in which self-proclaimed champions of orthodoxy condemn him for
the sin of disobedience with an alacrity which would have left the
most accomplished pharisee at a loss for words, and the manner in
which they issue their condemnations without even a pretense of
taking into consideration the reasons which have prompted Mgr. Lefebvre
to make his stand. The case can be summarized as follows:
1. The Society of Saint Pius
X was established according to all the requirements of Canon Law,
with the approval of the Vatican and the active encouragement of
the Congregation of the Clergy and its Prefect, Cardinal Wright.
2. The Society soon established
the most flourishing and orthodox Seminary in Europe at enormous
financial cost, borne by thousands of faithful Catholics all over
the world.
3. An Apostolic Visitation
of the Seminary brought to light no reason for complaint.
4. Mgr. Lefebvre was summoned
to appear before three Cardinals for a discussion which turned out
to be a trial.
5. The entire case against
him was based on a statement provoked by unorthodox opinions expressed
by the Apostolic Visitors to Ecône.
6. The entire Society was
suppressed as the result of a single statement made by only one
of its members.
7. The Archbishop rightly
insisted that if the statement was alleged to be unorthodox the
only tribunal competent to assess it was the Congregation for the
Doctrine of the Faith. He asked to have his Declaration considered
by this Congregation. His request was refused.
8. Up to this point, no public
statement had been issued quoting a specific passage in this Declaration
which was alleged to be unorthodox.
9. Not one iota of evidence
has ever been produced to prove that the Commission of Cardinals
had been constituted by the Pope according to the required canonical
norms or that the Pope had approved its decisions in forma specifica.
10. However, even had this
Commission of Cardinals formed a legally constituted tribunal with
the authority to try and condemn Mgr. Lefebvre (without considering
it necessary to mention this fact to him), it has been shown on
p. 61 that the decisions taken
against Mgr. Lefebvre were not those of the tribunal, still less
of the Pope, but of some anonymous authority.
11. At the moment when it
would have been necessary to produce the relevant documents in response
to the Archbishop’s appeal, it was stated that his appeal could
not be heard as the Pope had approved the decisions of the Commission
of Cardinals in forma specifica - the very point which the
Archbishop disputed and for which his lawyer would required proof.
12. On this basis the Archbishop
was expected to close his Seminary in mid-term and send professors
and seminarians home.
Mgr. Lefebvre claims that
this constituted an abuse of power. The reader must decide whether
he is justified in making this claim. The question at issue is this:
Is it outrageous that the Archbishop should have refused to submit
to the Pope, or is it outrageous that the Pope should have demanded
that the Archbishop should submit to such a travesty of justice?
On 22 October 1976, The
Cambridge Review, a non-Catholic publication, included an article
on the legal aspects of the treatment accorded to Mgr. Lefebvre,
part of which is reproduced below.
The
Cambridge Review Speaks Out
Archbishop Marcel Lefebvre's
stand against the new form of the Roman Mass has finally assured
full publicity to the arguments of the Catholic traditionalists.
There is one aspect of his position, however, that has received
almost no attention from the press, and which is, of course, determinedly
played down by his ecclesiastical opponents: and that is the strength
of his position in Canon Law. In what follows we shall investigate
some of the legal arguments, and in so doing we shall notice that
the vaunted "reforms" of the Second Vatican Council have
done almost nothing to reduce the Vatican 's preference for administrative
despotism over legal procedures.
Let us take, in the first
place, the attempt by the Bishop of Fribourg to suppress Lefebvre's
Fraternity of St. Pius X and hence, of course, the famous seminary
at Ecône. The position in Canon Law is this: A Bishop has
authority to suppress a religious house when it is one that he has
erected within his own diocese. But if the order to which the house
belongs extends beyond the boundaries of his own diocese, he has
no such authority, since he would be trespassing on the jurisdiction
of other bishops. Only the Holy See can suppress a congregation
that exists in more than one diocese. In fact, the Bishop of Fribourg
erected Lefebvre's Fraternity in his own diocese at Lefebvre's request.
The Fraternity is now a religious congregation, duly set up, existing
in a number of countries. In Canon Law this makes it a persona
moralis, that is to say, a legal person or corporation - similar
in this respect to an Oxford or Cambridge College.
But although the Bishop had
no authority himself to suppress the order, he was given Vatican
permission to revoke the decrees by which the order had been established.
Does this mean that the Vatican empowered the Bishop to use the
full authority of the Holy See to suppress the Fraternity in
toto - or only as it existed in his diocese? The words of the
Vatican decree leave it ambiguous. Such (no doubt deliberate) ambiguity,
and the fact that the Bishop was merely empowered and not
instructed to carry out the act of suppression indicates that the
Vatican does not wish to take responsibility for an act which it
instigated. Furthermore, according to canon lawyers, ambiguity in
such a case usually allows of a strict construction of the decree
- i.e., that only the order within the diocese of Fribourg was allowed
to be suppressed. Such shiftiness on the part of the Vatican is
not attractive.
The point of investigating
the legality of the purported suppression of Lefebvre's order is
that it illuminates the whole course of subsequent events. What
was the Archbishop to do faced with his suppression? Since the Roman
Church does, in fact, possess legal procedures, the proper and normal
course was for him to appeal against the decision to the Administrative
Section of the Signatura Apostolica - the highest Papal court.
This he duly did, after taking legal advice. Yet while his appeal
was actually before the court, a letter arrived from the Secretariat
of State which announced that the decision taken against Lefebvre
was a Papal one, against which no appeal was possible. Hence every
legal recourse by the Archbishop was blocked, and he had been denied
any hearing. The Papal action was, of course, valid in law, given
the ample authority of the Roman Pontiff; but it can be considered
illicit in its violation of natural justice, which is, after all,
supposed to be one of the foundations of Canon Law. Morally such
an attempt to deny a man's rights and frustrate his life's work,
while refusing him any legal recourse, is (to an Englishman at least)
appalling.
But these legal questions
raised in the treatment of Lefebvre are of secondary interest. What
really matters is his refusal to accept the New Mass. Here again,
the press have laid heavy stress upon his "defiance of the
Pope", etc., and no doubt the average English Catholic, brought
up on exaggerated notions of the deference due to all Papal acts,
however foolish, assumes that that is the end of the matter. Indeed,
Catholic newspapers have already resorted to the formula that Lefebvre
has "placed himself outside the Church even without being formally
excommunicated" - which neatly avoids the embarrassment of
finding grounds on which he could properly be excommunicated. In
fact the misrepresentation has been almost scandalous; and of course
the strength of Lefebvre's case in Canon Law has gone entirely unnoticed.
It is remarkable that many
Catholics are under the impression that the Second Vatican Council
went some way towards abrogating the Latin Mass, merely tolerating
it in certain circumstances. The words of Hans Küng are relevant
here:
"It could and should
be recognized that Mgr. Lefebvre is right in one aspect. There is
no doubt that post-conciliar development in a number of cases has
gone far beyond what was agreed at the Council, not only de facto
but also de jure, with the agreement of the Church leaders.
According to Vatican II, for example, Latin was to be retained in
principle as the language of the Church of what is known as the
Latin rite; the vernacular was permitted only exceptionally in individual
parts of the Church. Today with Rome's consent the whole Catholic
liturgy, even in Rome itself, is overwhelmingly in the vernacular."
The proponents of the new
forms never tire of asserting - quite falsely - that this is somehow
an outcome of the Council. This falsehood is encouraged by no less
a body than the Sacred Congregation of Rites. This body - the supreme
authority, under the Pope, in liturgical matters - has been issuing
legislation enforcing the new rite, and regularly claiming that
its decrees embody the "norms" of the Council. It has,
for instance, authorized Bishops to prescribe a purely vernacular
Mass on Sundays. This is completely opposed to the decision of the
Council that the vernacular may be permitted in certain parts of
the Mass, and that "in ritibus latinis usus linguae Latinae
servetur". The claim of the Sacred Congregation of Rites
to be carrying out decisions of the Council in thus allowing Bishops
to force priests to say vernacular Masses is entirely spurious.
But the Catholic traditionalists
can derive further support from Canon Law. It is almost universally
assumed that the Tridentine Mass has been abolished and that Lefebvre
and his are followers acting illegally in continuing to celebrate
it. But is this so? Here again the legal position is extremely interesting
and provides support for Lefebvre.
The Tridentine rite was not
invented by Pius V. It is rather the freezing of the Roman rite
at one particular stage of its development. This rite, which was
the "local" rite of the whole Western Church (with some
variants, like the Ambrosisan and Sarum rites) was in immemorial
use in the Roman Church: what is called a consuetudo immemorabilis
et particularis. This ancient consuetudo was given the
force of law by Pius V after the Council of Trent; and he decreed
that his law must never be abrogated. It is worth noting that Pius
V's legislation was the first such interference in the Liturgy by
a Pope in the whole history of the Church. Hitherto a rite was deemed
to derive its legitimacy from its "immemorial" use as
a particular tradition. Tradition, not legislation, was the claim
to legitimacy - as it still is in the Eastern Orthodox Church.
Now according to almost all
canon lawyers, if a piece of Papal legislation enforcing an already
existing rite (like Pius V’s enforcement of the Tridentine rite)
is subsequently abrogated, then the rite itself reverts to its former
status: it remains a valid and licit rite unless it is itself
specifically abrogated. (An analogy would lie in the relation
of Common Law to Statute Law.) And in fact the Pope did not
abrogate the consuetudo immemorabilis of the Latin Church,
but only Pius V's legislation. Therefore the Tridentine Mass remains
entirely licit, and no Bishop, of Northampton or elsewhere, can
properly dismiss a priest for saying it.
These are juridical arguments,
and they help one to see that the Vatican has been behaving evasively
and (one is tempted to say) dishonestly towards the traditionalists.
They do not touch those features of the new rite that for many Catholics
made their remaining in the Church merely a matter of grim loyalty.
For them the loss of any numinous quality in favor of a superficial
notion of "participation" has been most painful. Then
there are the many absurdities of the new arrangements - the handshake
which is supposed to be the equivalent of the Kiss of Peace, a liturgical
form found previously only amongst the Mormons; the odd gesture
of consecration made by priests "concelebrating" Mass
- a son of Fascist salute at half-cock. These and other attempts
to adapt the liturgy to a bourgeois imagination have wrought a serious
impoverishment.
But of course the objections
of the traditionalists are not fundamentally "aesthetic"
(if that is the right word for their sense of such impoverishment).
Lefebvre's final objection to the new rite is that its formulations
are ambiguous, that it makes a heterodox interpretation of the doctrine
possible. (An heretical interpretation of the Tridentine rite would
require the ingenuity of the Newman of Tract XI). Contrary to popular
impression, Lefebvre has never denied the validity of the new rite
itself.
For the Archbishop and his
followers, the changes in the Mass are central examples of what
they see as stealthy attempts to alter doctrine. Indeed the offense
which brought down the whole apparatus of Vatican censure upon Lefebvre
was his famous Declaration that he and his seminarians were loyal
to Rome, "but to the Rome of tradition, not the Rome of Modernists."
It is asserted by Ecône seminarians that this Declaration
was provoked by an address that one member of an Apostolic Visitation
delivered to the Ecône students, in which he was understood
to deny both the Virgin Birth and the immortality of the soul.
This Declaration led to Lefebvre's
being interrogated by an ad hoc committee of three Cardinals
(Garrone, Wright, and Tabera). Partial transcripts of these strange
proceedings have been published, and make it clear what a travesty
of any judicial proceeding it was. Garrone, who emerges as an unintelligent
man lacking self-control, hectors and shouts down the Archbishop.
At the same time it emerges that he is judge, prosecuting counsel,
and tale-bearer to the Pope. During this interrogation Lefebvre
asks that he be judged by the Holy Office, which is alone authorized
to pronounce that his declaration was heretical. This request is,
of course, refused, since no grounds could possibly be found for
an adverse judgment. Once again an avenue of appeal is blocked;
the Vatican is clearly determined that there shall be no legal process.
All this is done in the name of the Pope, and through his authority.
29
June 1975 - The
Ordinations at Ecône
The Feast of SS. Peter and
Paul, 29 June 1975, was celebrated at Ecône with the ordination
to the priesthood of three deacons. The necessary legal procedure
for their incardination in the dioceses of bishops sympathetic to
Archbishop Lefebvre had already been completed. Approximately a
thousand of the faithful were present and hundreds were unable to
find a place inside the chapel. Subject to the approval of the civil
authorities, a new and much larger chapel will eventually be built
at Ecône.
In July 1975, Mgr. Lefebvre's
second appeal was rejected. Technically, as from July 1975, the
Society of St. Pius X and its foundations no longer existed. In
the language of George Orwell's Nineteen Eighty-four, the
Seminary at Ecône, the most flourishing and most orthodox
seminary in the West, then became an unseminary. The most serious
aspect of this situation was that some members of religious orders
teaching at Ecône had to leave, as their superiors would not allow
them to remain in an institution which had no legal existence.
About a dozen students did
not return in September as a result of the changed situation. But
given the enormous pressure brought to bear upon the students and
their families, this is a significantly small proportion.
However, the number of young
men seeking to enter Ecône was still so high that dozens had to
be refused even after filling the vacancies caused by those who
had left.
15
July 1975
On 15 July 1975, Mgr. Lefebvre
wrote to thank Hamish Fraser for devoting an entire issue of Approaches
to the campaign against Ecône. This letter is significant for its
affirmation of the Archbishop's belief that Cardinal Villot was
the moving spirit behind the campaign.
Dear Mr. Hamish
Fraser,
I have read
with much interest your brochure on the war against Ecône
and I thank you for it with all my heart, for it indeed
throws light on our problems and you do so dispassionately
and with an exactitude that I like very much. It is my wish
that this brochure may have a really wide distribution.
For the moment,
I have been refused an audience with the Holy Father.
It is Cardinal
Villot himself who intervened and it is he also who nullified
the appeal to the Apostolic Signature. It is he, personally,
who took things in hand and who seems determined to encompass
our disappearance.
But we have
such a volume of support from thousands and thousands of
people that we have decided to continue despite everything,
persuaded as we are that we are doing the work desired by
the Church and by the Pope himself.
Thanking you
again for your faithful friendship, I assure you of mine
and of my prayers.
Marcel
Lefebvre
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The Catholic Herald
(London) of 25 July 1975 carried an N. C. Report stating that Mgr.
Mamie had invited the students from Ecône to contact Mgr. Adam (Bishop
of Sion) or himself in order that arrangements could be made for
them to continue their studies for the priesthood at the University
of Fribourg. Cardinal Marty, Archbishop of Paris, had associated
himself with this invitation and the bishops promised that any student
who wished could be incardinated into his original diocese or into
a religious order.
The
French daily, L'Aurore, reported on 21 July that Cardinal
Garrone had offered to arrange for the French-speaking seminarians
to enter the Pontifical French Seminary in Rome. The enemies of
Ecône were clearly distressed that, notwithstanding their machinations,
the Seminary still existed.
Footnotes
1.
The Letter to Cardinal Staffa of 21
May 1975.
2.
Non-observance of Natural and Canon Law which evidently annuls the
preceding paragraph.
3.
The article of 8
May 1975.
4.
Hanu, pp. 222-223 (191).
5. Hanu,
p. 223 (191).
6.
Hanu p. 216, 223 (185, 191)
7. The
Roman Congregations
Courtesy of the Angelus
Press, Regina Coeli House
2918 Tracy Avenue, Kansas City, MO 64109
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