Mere Tradition with Kennedy Hall

Kennedy Hall

Catholic Tradition. No more, no less. meretradition.substack.com

  1. 28 jul

    By What Instrument? Ecclesia Dei Fulfilled

    Author’s note: Since the release of the documents regarding the July 1 SSPX consecrations, it has become public knowledge that Catholics, who are under no penalty, are being treated as criminals, even publicly so, and often in chapels and parishes run by Catholic priestly societies committed to the Traditional Mass. This is not the only place it is happening, but the fact that it is happening in those places is most disheartening. These events have inspired the following essay, which concerns the legal problem we are facing in general, but with some specific emphasis on the situation as it pertains to parishes committed to the Traditional Mass. Now, this article is not intended as an apologetic for the SSPX. I have made that case elsewhere, and men far more qualified than I am have made it in a million other places. Instead, I am taking the various documents released since 1 July and assessing the responses to them in light of canon law and the practice of the Church. My claim is narrow: the framework by which the lay faithful attached to the Society have been declared excommunicated cannot be applied consistently to anyone. The logic of the documents used as the foundation for the treatment of the lay faithful undercuts the very application of those documents. We do not need to absolve the Society of any wrongdoing here. We need only show that the instrument meant to condemn the priests and the faithful does not exist. It is unfortunate that so much of this conversation has become litigious, centred on canon law. Nevertheless, this is the ground on which the opponents of the Society have planted their flag. There are many other ways to argue for the innocence of the Society and of the faithful it serves, and I believe they are much stronger in the end, because the laws of the Church exist to serve her supernatural mission, which is the salvation of souls — and that mission is not accomplished by a code of human law. I hope readers will keep that in mind. At the same time, for those who want pedantic canonical proof, I hope this article will be useful. Before we continue, I ask the critic to keep this in mind before constructing an emotional argument in the comment section about topics that are not discussed here. Links mentioned in the Audio Recording: Mexico Pilgrimage: https://kennedyhall.ca/mexico https://realestateforlife.org/ https://www.icatholicmobile.com/ Mere Tradition with Kennedy Hall is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. I. What Was Actually Issued Three documents are in play, and almost every commentator has treated them as though they were one. They are not. They differ in kind, in the intention of their authors, and — decisively — in juridical force. The Decree of 2 July is a declaratory decree. It declares that six named men have incurred latae sententiae excommunication: two consecrators and four consecrated, under canons 1387 and 1364 §1. Six men are named. Technically, Bishop Fellay was not penalized in the same way as the others, and only the charge of schism was reserved to him. In any event, against no other person does the Decree declare, impose, or inflict any penalty whatsoever. No priests and no laymen are named. The Explanatory Note accompanies the Decree. It is a nota esplicativa. It is not a law: canon 7 provides that a law comes into existence when it is promulgated, and canon 8 specifies the manner. It is not a general decree with legislative force under canon 29. It is not a general executory decree under canon 31. It is not even an instruction under canon 34 — and canon 34 §2 is worth reading slowly, because it provides that instructions do not derogate from laws, and that any provision in them irreconcilable with law lacks all force. And, a document outlining how SSPX faithful and priests can be “reconciled” has been released as well. We should break this down for the average — normal! — reader who does not spend endless hours reading about canon law. It helps to think of it the way a lawyer thinks about the difference between a statute and a press release. The Church does not treat every document that comes out of Rome as binding. She is quite precise about which ones are, and the Code sets out the categories. A law is the strongest instrument, as it binds the faithful; canons 7 and 8 provide that it comes into being only when it is formally promulgated, published in the proper manner and in the proper place. A general decree under canon 29 is a law by another name, issued by someone with legislative power for a whole community. A general executory decree under canon 31 is one rung down: it does not make new law, but sets out how an existing law is to be applied. An instruction under canon 34 is lower still: it clarifies a law’s provisions and directs those charged with carrying it out. And canon 34 §2 is vital, because it tells you what happens when one of these lesser documents strays. Instructions do not derogate — that is, detract — from laws. Whatever cannot be squared with the law has no force at all. These are the principles of the Church, and they reflect a long and coherent canonical tradition. A document explaining a law can never override the law it explains. This raises a significant difficulty. An explanatory note is not found anywhere in the list above. It is not a law, not a general decree, not an executory decree, not even an instruction. It is an annex — a statement of how the officials of a dicastery understand a situation. That is not nothing; it tells you a good deal about the mind of the men who wrote it. But if a mere instruction lacks all force where it conflicts with law, we are entitled to ask what force belongs to a document that ranks beneath an instruction, and how it came to be treated as sufficient to declare a man cut off from the sacraments. That the Note has been used as a legal apparatus is alarming. We cannot know intentions, but we can plainly see canonical incompetence and incoherence, if not outright malice. Again, we cannot impute malice infallibly — but the harmful misuse of law is doing real damage to souls, and the men who have done this are culpable one way or another. The Prassi, the procedures document meant to help SSPX Catholics “come back into the Church,” is guidance directed to nuncios and Ordinaries for handling those who present themselves. Again, it is founded on a Note that has no legal force and, as we will see, is internally incoherent when the source material is considered. The Note exhorts the faithful to abstain from participating in the celebrations and activities of the Society. Exhorts. An exhortation is not a precept. It is an encouragement. And it is worth keeping in mind that this particular encouragement comes from a cardinal who has encouraged the blessing of unions that cry out to Heaven, and who has discouraged, in no uncertain terms, the use of theological titles for Our Lady that are deeply embedded in the devotional and theological tradition of the Church. If any traditionalists would like to hammer the SSPX with the contents of the Note, I would exhort them to follow Cardinal Fernández’s other exhortations as well — that is, if they wish to be truly obedient sons of the Church. I would exhort them to welcome any Fiducia Supplicans events that take place “spontaneously” in their parishes. And I would exhort them to make sure they tell their congregants that it is always inappropriate to use the title “Co-redemptrix” to define Our Lady’s cooperation. So: no more traditional Marian lectures, please, without the proviso that Catholics should not use outdated terms because Tucho said so. At any rate, canon 49 defines a singular precept as a decree by which an obligation is directly and legitimately imposed upon a determined person to do or omit something. A precept has a form, an author with executive power, and a determinate addressee. An exhortation in an annex has none of these. And where there is no obligation there can be no violation; where there is no violation there is no delict; where there is no delict there is no penalty. Rome possesses instruments for binding the faithful. They were not used. Consider, too, that it is highly unlikely Cardinal Fernández does anything without first consulting the Holy Father. You are free to draw your own conclusions. So the position after 2 July, strictly speaking, with no recourse to any Society apologetic, is this: six men have been penalized. No priest of the Society has been penalized by any juridical act. No layman has been penalized by any juridical act. Everything that has followed — the pulpit announcements, the diocesan instructions, the refusals to commune with SSPX attendees, as at some FSSP locations — has been done to people against whom nothing has been declared. II. The Remission That Remits Nothing Mere Tradition with Kennedy Hall is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Here is where the framework becomes an indictment of itself. Suppose, for the sake of argument, that a layman really has incurred an undeclared latae sententiae excommunication for schism under canon 1364 §1. What does the law itself prescribe? Canon 1357 §1. In the internal sacramental forum, any confessor may remit an undeclared latae sententiae censure of excommunication or interdict, where it is difficult for the penitent to remain in a state of grave sin for the time necessary for the competent superior to provide. The excommunication of canon 1364 §1 is not among those reserved to the Apostolic See. It is remissible in the confessional. Any confessional. Anywhere on earth. What this shows is that there is no need for any process of reintegration for any SSPX layman — assuming they need to be reintegrated at all, which I do not believe, but which I w

  2. 24 jul

    Catholic Tradition: Preserved by “Disobedience” Whether You Like It or Not

    Over the years, I have thought a lot about obedience, as I am sure you have, and something about how the topic is considered has always seemed “off” to me. Eventually, I realized that the major issue with how Catholics tend to talk about obedience is that they talk about it in abstract terms rather than concrete terms. Obedience as such is a morally neutral or indifferent abstract concept. For obedience to mean something and be either virtuous or vicious, it must have a concrete human act as its object. The abstract concept of obedience does not exist in reality. One cannot be “obedient” in the sense of living in a general state of obedience. For one to be obedient, one has to obey a particular order or command to concretize the concept of obedience and actuate it as an action in the concrete. And the object of obedience makes the act of obeying either good or bad. One can obey a command, but the obedience itself is not a virtuous or vicious thing; rather, what command is being obeyed and to what end is what makes it virtuous or vicious. Furthermore, circumstances can change whether an actuation of the abstract concept of obedience is good or bad, even when the actions themselves are the same, to the point where there is a qualitative change in what is happening — meaning that the good or bad action becomes a different kind of thing. We can break this down into three parts to help us understand: Mere Tradition with Kennedy Hall is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. 1. You obey real actions, not hypothetical ones. When someone tells you to obey, they’re not asking you to obey some vague category of action floating in your head — they’re asking you to do (or not do) one specific thing, right now, in this exact situation. “Don’t kill” isn’t really the command; “don’t kill this person, in these circumstances” is. So when we ask whether obedience was owed, we can’t just ask “was the bare action bad?” We have to ask “was this actual act, with everything surrounding it, bad?” 2. Whether something is right or wrong depends on more than just the action itself. Take walking. Walking, by itself, isn’t good or bad — it’s neutral. But walking to rob someone’s house is bad, and walking to clear your head is fine. Same action, different outcome, because the circumstances — especially why you’re doing it — change everything. Same with giving money to the poor — good in itself, but if you’re only doing it to be seen and praised, it curdles into something selfish. One bad ingredient can spoil the whole thing, even if the core action was fine on its own. 3. Sometimes the “circumstance” isn’t just a detail — it becomes the whole point. Usually we think of circumstances as minor add-ons: where, when, small details around the main action. But sometimes a circumstance is so significant that it actually changes what the action is, not just how good or bad it is. Stealing is bad. But stealing from a church isn’t just “extra bad theft” — it’s a different kind of offence (sacrilege), because the location isn’t incidental; it’s central to what makes the act wrong. In cases like that, the “detail” stops being a detail and becomes part of the core action itself. Saint Thomas Aquinas explains this third concept in detail: “The process of reason is not limited to a single term; from any point, it can always go further. This is why what, in an act, is considered as a circumstance added to the object which determines the species of the act can then be considered by reason, when it orders, as a principal condition of the object which determines that species.” “Thus, appropriating another’s property derives its nature from the fact that this property belongs to another: this is what constitutes the nature of theft. If we then consider place or time, these are merely circumstances. But since reason can also order according to place, time, and other similar conditions, it can happen that the condition of place, in relation to the object, is considered contrary to the order of reason. For example, reason dictates that one must not commit an offence in a sacred place.” “Therefore, stealing someone else’s property from a sacred place adds a particular opposition to the order of reason. Thus, the place, which was previously only a circumstance, is now considered a principal condition of the object, insofar as it is contrary to reason.” “In this way, whenever a circumstance relates to a particular order of reason, favourably or unfavourably, it is necessary that this circumstance confer upon the moral act its kind, making it specifically good or specifically bad.” (Summa Theologica, I-II, q. 18, a. 10.) A circumstance can affect an act’s morality in two very different ways. Sometimes the circumstance is what defines the act — it’s the reason a neutral or good act becomes evil in the first place. When that happens, the circumstance stops being a side detail and becomes part of the act’s essential moral character. Other times, the act’s moral character is already fixed by its object alone — good or bad — and the circumstance just makes it more or less so. Here the circumstance is incidental; it adjusts the degree, not the kind. The difference: does the circumstance determine what kind of act this is, or just how much good or evil is already there? Only the first kind can turn a neutral act into something evil or good in itself. Mere Tradition with Kennedy Hall is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. The SSPX and Obedience Applied to the SSPX situation: staying quiet and not consecrating bishops is, by itself, a neutral act — neither good nor bad. I imagine some readers will take offence to this statement, because we associate sacramental acts with something good. Yes, of course the acts in general are good, but the context changes things. For example, a valid priest could confect the Holy Eucharist in a satanic ceremony, and it would be evil to do so — the object of the act (a satanic ceremony and the desecration of the Eucharist) is vile, even though the Eucharist is, of course, good. Similarly, the consecration of a bishop as an action is morally neutral, and why it is being done makes all the difference, even though the conferral of the sacramental character, in its own proper existence, is always good. These distinctions make it possible for morally evil sacramental actions to exist, while the nature of the sacramental character remains not evil in itself. But in the case of the Society, to decide to postpone the consecrations indefinitely would not be a morally neutral act, given the circumstances. For the sake of this essay, we will assume that the reader is aware of the proper arguments for the State of Necessity, and of the intentions of the Society which pertain to their circumstances. Keeping these realities in mind, we understand that there is a state of public and grave necessity for many souls, and it is the opinion of the leadership of the Society that the two remaining living bishops consecrated by Archbishop Lefebvre are insufficient to keep up with the rapidly growing demand for Traditional sacraments worldwide, which include Confirmation and priestly ordination. So the Society was faced with a decision: obey a command from the Pope to forgo the consecrations, or disobey the command in order to move forward with the consecrations, for the sake of the continued existence of the Society and for the faithful who depend on it for the sacraments. Again, I am assuming the reader is at least familiar with the arguments regarding this topic. Now, even if you disagree with the Society’s reasoning, please try to understand the question of obedience under these circumstances. Again, obedience as an abstract concept is morally neutral and does not produce virtue in and of itself; therefore, what is being obeyed — the object — must be considered. As hard as it is for modern Catholics to understand, the Pope does not have magical powers to make good evil and evil good. A command from the Pope can have as its object a good or an evil outcome, depending on what is commanded, and the fact that the Pope commands it does not magically make it good. I imagine any reasonable person could picture a scenario in which a pope ordered Catholics living in adultery to receive Communion anyway. This is easily imagined because of the legacy of Pope Francis. Of course, he did not order Catholics to do so, but he clearly believed it was good for Catholics living in such a state to do so; therefore, it is conceivable that, if the situation arose, a command of that sort could be given. Obviously, one would have to disobey that command if they knew the teachings of the Church. The present circumstances are not so obvious or clear to many, which is understandable; nonetheless, the logic still stands. I hope that even the most ardent defenders of the recent popes would agree that disobeying the command of a pope is morally required under certain circumstances. You may draw your own line in a different place, but hopefully we can agree that not all disobedience of a papal command would be sinful. In any event, the concrete decision before the Society was not an abstract case study from a university philosophy class. It was decided that to obey in that circumstance would produce an evil, which would include a general acceptance of all the post-conciliar reforms, magisterial texts, etc. — including, of course, the more ludicrous documents of recent years, of which I am sure you are all aware. The reader must remember that the conditions for mere dialogue to begin — dialogue that could eventually result in a hypothetical permission to consecrate — were set by Cardinal Fernánde

  3. 21 jul

    A Consideration of the Risk of Sedevacantism and Disunity in the SSPX

    Note: I made a mistake with some terms that I have fixed in the text, but the audio hasn’t been fixed yet. The mistake was in how I characterized the Des Lauriers position, and I mixed up some terms. I will fix the audio tomorrow. My apologies to anyone who believed I misrepresented their position. I’ve decided to discontinue using Taylor’s name in the titles of these essays written in consideration of the podcast he produced about the SSPX. The reason I have made that decision is that I personally get quite annoyed when other writers/podcasters do what can be called “clout chasing,” which is what happens when they use the name or likeness of another creator in order to drive traffic to their work. Of course, I wasn’t doing that, but the internet is a stupid place with a lot of stupid opinions, so I thought I would take that element out of the situation to avoid the perception of that reality. In any event, in this essay we will consider the opinion that within the structure of the SSPX, there is an inherent risk of sedevacantist mentalities as well as a risk of disunity that could lead to fracturing or breakaway groups. In the first essay in this series, I categorized those objections as: * Internal-unity/schism-risk argument * Sedevacantist-harbouring concern LINKS MENTIONED IN RECORDING: Mexico Pilgrimage: https://kennedyhall.ca/mexico https://realestateforlife.org/ https://www.icatholicmobile.com/ The Internal-unity/schism-risk argument refers to the groups, loosely called the “SSPX Resistance,” that broke away from the SSPX around 2012. For the sake of this essay, it would be too cumbersome to give a detailed overview of that history, because it is complicated and the various personalities are not unified. Nonetheless, below we will take a brief look at the phenomenon for a bit of context, and, if the reader is so inclined, I did produce a longer podcast going over the topic. I would recommend listening to that or watching it after you have read this if you desire more information. The Sedevacantist-harbouring concern that Marshall mentions is a real mentality that is not uncommon in Tradition as such. I will also add that a variety of theories about the invalidity of certain post-conciliar papacies is not unique even to Traditional circles. The thesis that Pope Benedict remained pope even after his resignation is common in both Traditional circles and mainstream circles. Alas, we live in an age wherein such scandal, both moral and doctrinal, stems from the various pontificates, and it is only natural for members of the faithful to essentially throw up their hands and find an “anti-pope” solution to be the most fitting answer to the quagmire. Nevertheless, we will discuss this topic below and give some context on the sedevacantist situation that is often not considered. Mere Tradition with Kennedy Hall is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Internal-Unity/Schism-Risk As was mentioned above, a brief overview of the SSPX Resistance will be offered here. The so-called SSPX Resistance traces its origin to the internal crisis within the Society that erupted in 2012, when Bishop Bernard Fellay, then Superior General, pursued doctrinal discussions with the Holy See under Benedict XVI that culminated in Rome’s offer of a “Doctrinal Preamble” as the basis for a canonical regularization of the SSPX. Bishop Richard Williamson, along with a number of priests and religious who shared his alarm, viewed any practical agreement absent a genuine conversion of Rome on the errors of the Council as a betrayal of Archbishop Lefebvre’s own stated principles — namely, that no canonical status should be sought until Rome had unambiguously returned to Tradition. Williamson’s public dissent, expressed most notably through his Eleison Comments (an email newsletter), led to his expulsion from the Society in October 2012, and around the same period several other priests — Fr. Chazal and Fr. Pfeiffer among them — were likewise expelled or departed for holding the same position. Out of this expulsion emerged an informal but loosely organized network of priests, religious, and laity who considered themselves the true continuators of Lefebvre’s line of total resistance to the post-conciliar Roman authorities, in contrast to what they saw as an SSPX leadership drifting toward compromise. The Resistance solidified as a distinct, if loosely structured, movement without any single superior general or unified canonical framework, operating instead as a constellation of independent priories and chapels bound more by shared conviction than by common governance. This informality was thrown into sharp relief in 2015, when Williamson, acting on his own volition and without attempted recourse to Rome, consecrated Fr. Jean-Michel Faure a bishop in Brazil, a move that even many within the Resistance found difficult to justify canonically, since it lacked the kind of state-of-necessity argument Lefebvre himself had marshalled for the 1988 Écône consecrations. The episode exposed the structural weakness inherent to a movement, and further fragmentation followed in the years after. What holds the Resistance together to this day is less a common governance than a common diagnosis: that the SSPX’s post-2012 trajectory toward normalization with the conciliar Church represents an abandonment, whether gradual or decisive, of the very principles for which Lefebvre founded the Society in the first place. Now, as I said, there is more that could be said, but a couple of things are worth noting. It was not only Williamson and the priests who left the Society who had concerns about the negotiations between Fellay and the Vatican at the time, because the situation was precarious. This is not to fault Fellay, and, to Fellay’s credit, he never did compromise the Society or the principles of Archbishop Lefebvre. In speaking with members of the Society, I have been told that there was a period of concern within the Society about the direction proposed at the time; nevertheless, even those who disagreed felt it was irresponsible to air their grievances publicly or to jump to any conclusions when nothing concrete had actually happened. As it stands, no compromising agreement with the Vatican that would have thrust Modernist principles into the structure of the Society was ever reached, and Bishop Fellay did an excellent job guiding the ship during that internal tempest. In any event, we must move on from the historical consideration and address the notion that since something like this has happened before, it could happen again. Well, all I can say is that there is no guarantee that it could not happen again, because this will only be known to history after this whole saga has run its course. At the same time, we must also accept the fact that this sort of thing is not uncommon in the history of religious congregations within the Church. In addition, there is a trend that we tend to see when we look to history. Call to mind the formation of the Franciscans under Saint Francis. Saint Francis was an extraordinary Saint, to put it mildly, and the Franciscans grew rapidly throughout his life and continued to grow exponentially after he died. Nonetheless, something unfortunate took place not long after he died, which caused a rupture in the congregation, and a dissident group emerged that was called the Fraticelli. Thanks for reading Mere Tradition with Kennedy Hall! This post is public so feel free to share it. The Fraticelli emerged in the decades following the death of Saint Francis of Assisi in 1226, as a reaction against what a faction of the Franciscan order regarded as a betrayal of Francis’s own rule and testament regarding absolute poverty. Francis had bound his friars to a radical renunciation of property, both individual and corporate, and his Testament attempted to foreclose any future relaxation of that ideal by his successors. Within a generation, however, the order split between the Conventuals, who accepted papal permission to hold property corporately and adapt the rule to the practical needs of a growing international order, and the Spirituals, who insisted that Francis’s original poverty was binding in its strictest sense and could not be dispensed by any pope. Figures like Peter John Olivi supplied the Spirituals with a theological framework, arguing that Christ and the Apostles had possessed nothing even in common, a position that increasingly took on an apocalyptic cast under the influence of Joachimite prophecy, casting the controversy as a decisive moment in salvation history rather than a mere dispute over religious observance. The rupture became formal and irrevocable under John XXII, who in the 1320s condemned the Spirituals’ core doctrine outright, declaring in Cum inter nonnullos that to assert Christ and the Apostles owned nothing was heretical, and moved decisively against the recalcitrant friars. Those who refused submission, now properly called Fraticelli, were driven out of the order and into clandestine communities scattered through central Italy, sustained by a hardened conviction that John XXII had fallen into heresy and had therefore forfeited the papacy itself — a conclusion some of them extended to the entire post-Nicholas III papal line. It is fascinating that the Fraticelli were essentially sedevacantists concerning John XXII’s ruling on the topic of property ownership, because John XXII infamously taught a legitimate heresy, or at least grave error, about the state of souls before the Second Coming, which he recanted on his deathbed. Deprived of any formal structure and increasingly persecuted as heretics by the Inquisition, the Fraticelli persisted in isolated pockets for well over a century, their communities dwindling but not entirely extinguished until the fifteenth century. Some members

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