by T. Stanfill Benns | Nov 18, 2024 | New Blog
+Dedication of the Basilicas of Sts. Peter and Paul+
In an effort to be as concise as possible, a more complete canonical evaluation of the invalidity issue is presented below. We stated in the last blog regarding the validity of LibTrad orders that both Lefebvre and Thuc were guilty of communicatio in sacris under Can. 2314 § 3, first for joining the Novus Ordo sect and participating in Vatican 2 and secondly for founding their own traditionalist sects. Over time, the invalidities piled up, as more research was done and Church teaching was better understood. This preponderance of evidence renders these men and any other “bishops at large” as schismatic non-Catholics unable to receive or convey Orders validly, and as Pope Pius IX and Pope Pius XII have officially proclaimed, this pertains to the Oriental rites as well. The following is the final proof needed to decide this issue.
Infamy of law invalidates acts
The first article documenting this invalidity appeared on my website in 2009. Canon 2314 §3 declares that by the commission of heresy, apostasy or schism the offender also incurs infamy of law ipso facto. The canonists Revs. Woywod-Smith explain the effects of infamy of law under Can. 2294 §1: “The person who has incurred… an infamy of law… cannot validly obtain ecclesiastical benefices, pensions, offices and dignities, nor can he validly exercise the rights connected with the same, nor perform a valid, legal ecclesiastical act” (all emph. within quotes in this article is the author’s). When imposed in the form of a penalty attached to law, this sentence takes place immediately. And only the pope can dispense from this vindicative penalty (Can. 2294 §3).
The canonist Rev. Charles Augustine writes under Can. 2294 § 1: “Legal infamy involves irregularity according to Can. 984 n. 5 and therefore no layman affected by it can receive the tonsure or any other order without an Apostolic dispensation… Legal infamy entails disability or disqualification for any ecclesiastical benefits, pension, office, dignity and if conferred the act is invalid (Can. 2391)… An infamous person must be prevented from cooperating in sacred functions…” (Not surprisingly, Peter Cardinal Gasparri notes in his Fontes that Cum ex… is the parent law of Can. 2294 §1). By Apostolic dispensation is meant dispensation by the pope. Abp. Amleto Cicognani, in his work Canon Law (1935), teaches:
“An inhabilitating law renders a person incapable of performing a valid act. Properly speaking, it is a species of invalidating law for the effect is the same, with this difference only, that an inhabilitating law is not issued directly against a certain act but rather against a certain person, e.g., canons 2294 [on infamy], 2390 §2, 2394 §1and 2395, etcetera.” Canon 2394 §1 reads: “If a person by his own authority takes possession of an ecclesiastical benefice, office, or dignity… before he has received the necessary letters of confirmation, or institution, he incurs the following penalties: (1) he becomes automatically disqualified for the benefice, office or dignity. The canonists Revs. Woywod-Smith, in their commentary, reference the Holy Office’s decision on Can. 147 and the ipso facto excommunications for violating it under Can. 2394. Cardinal Gasparri lists Charitas and Etsi multa as the sources for Can. 2394.
“Those who have been assigned to the divine ministry at least by the first tonsure are called clerics… (Can. 108). “Only clerics can obtain the power of either orders or ecclesiastical jurisdiction…” (Can. 118). Here we see that all those exiting the Novus Ordo and joining traditionalist sects, then later entering SSPX or Thucite “seminaries,” could not receive tonsure validly without the papal dispensation, far less have become priests or bishops at the hands of Lefebvre or Thuc. Not only were the candidates barred from receiving this sacramental, but no valid acts could proceed from Lefebvre, Thuc or any others suffering infamy of law. There is also the invalidity infallibly proclaimed in Pope Pius XII’s Vacantis Apostolicae Sedis and Pius VI’s Charitas. These traditionalists are NOT Catholic and cannot be successors of the Apostles. Can. 2314 §3 also imposes the deposition of Can. 188 §4, even including degradation, and as Cardinal Gasparri notes in his Fontes, Cum ex… is the parent law or old law from which both these canons originate (see Canon 6 §1-6 on what canons are contained in the Code).
Incapable of valid acts as vitandus
And then there is the matter of the consideration of these men as vitandus, by Pope Pius IX (Etsi multa), Pope St. Pius X (condemnation of Arnold Harris Mathew, Acta Apostolicae Sedis, year III, vol. III, no. 2, February 15, 1911) and, by implication, Pope Pius XII in the official interpretation of Can. 147. A reference is noted beneath Can. 147 directing readers to the condemnation of a Czechoslovakian priest named John Dechet as a vitandus for reception of the office of Administrator from lay authority. Given by the Sacred Consistorial Congregation this condemnation reads: “The Sacred Congregation therefore reminds clerics and the faithful that they must treat the aforesaid priest according to the norm of Can. 2261 §3 of the Code of Canon Law (AAS 42-195).” Beneath this declaration is a reference to the “New Penalty for Occupying or Retaining Office; see C. 147.”
Can. 2261 §3 reads: “From a minister who is an excommunicatus vitandus, or who has been excommunicated by a condemnatory or declaratory sentence, the faithful may ask for sacramental absolution only in danger of death.” Although a declaration from the Holy See is required to determine someone a vitandus, this is now impossible. Because there is a doubt of law about whether Lefebvre and Thuc, also any other bishops exercising orders after Pius XII’s death are to be considered vitandus, the Code refers us to Canon 18 which states: “The ecclesiastical laws are to be interpreted according to the proper meaning of the terms of the law considered in their context. If the meaning of the terms remains doubtful or obscure one must have recourse to parallel passages of the Code (if there are any) or to the purpose of the law and its circumstances and the intention of the legislator.”
We have presented above the intended mind of the lawgiver on who must be considered a vitandus. Lefebvre, Thuc and any others acting after Oct. 9, 1958 — all violated the law enacted by the Council of Trent which states that, “In the ordination of bishops, priests and other orders… those who by their own temerity take these offices upon themselves are not ministers of the Church…[but] thieves and robbers…(DZ 960). “If anyone says that those who have been neither rightly ordained nor sent by ecclesiastical and canonical authority but come from a different source are lawful ministers of the word and of the Sacraments, let him be anathema [cf. 960]” (DZ 967). LibTrads immediately seize on the word lawful and say this does not mean invalid, but they entirely ignore the context of the condemnation. It is anathema to believe they can function as Catholic clergy. As later papal definitions prove, the Church clearly wishes them to be considered as vitandus and for the faithful to avoid them.
Can. 2261 §3, however, renders invalid the acts of not only vitandus, but those under a declaratory sentence. In his 1947 A Manual of Canon Law, Rev. Matthew Ramstein, S.T. Mag., J.U.D., OFM, writes: “A penalty latae sententiae (of a sentence already pronounced) is a determinate penalty which is so attached to the superior’s precept, that it is incurred immediately upon the commission of the offense, as if the sentence were already passed…The sentence which imposes a ferendae sententiae penalty established by the law is called a condemnatory sentence; that which imposes a penalty latae sententiae established by the law is called a declaratory sentence… But unless the delinquency is notorious, i. e., not only public but inexcusable from the point of imputability in the eyes of the public, [he] need not observe the penalty in the external forum” (p. 679-80). So either way, these men, even if validly ordained and consecrated, (which they definitely were not) could act only in danger of death.
Invalid and incapacitated according to notoriety of law
How can one possibly deny that what Marcel Lefebvre and Peter Martin Ngo Dinh Thuc did publicly was a reckless and deliberate violation of Canon Law? Lefebvre and Thuc were bound to KNOW the law. They both celebrated the Novus Ordo Missae and signed Vatican 2 documents. They later were both publicly known and recognized universally as renegade bishops. Proofs of Lefebvre’s ordination and consecration by a Freemason as well as his involvement in Freemasonry himself, also Thuc’s mental incompetency, have been available for decades. Whether we classify them as acting in obedience to the usurpers as valid popes or as purportedly validly consecrated before Oct. 9, 1958, both suppositions end in excommunication. VAS absolutely invalidates their acts. And even Paul 6 and John Paul 2 excommunicated them for their consecrations. A notorious act must be known as criminal or morally imputable, impossible to conceal and “not to be excused by any excuse admitted in law” (Can. 2197). The constant flux from traditionalist sects and the controversy surrounding them shows that their pseudo-clergy were recognized as doubtful. Lefebvre, Thuc et al never credibly denounced the usurpers or called for a papal election. They were undeniably notorious.
No declaratory sentence required
But LibTrads contend that for lack of a declaratory sentence — a hearing in the case regarding their excommunication for heresy and communicatio in sacris and for acting without the papal mandate — there is doubt about both their heresy and their excommunications. This error was condemned as follows by Pope Pius VI in Auctorem fidei: “The proposition which teaches that it is necessary according to the natural and divine law, for either excommunication or for suspension, that a personal examination should proceed and that therefore sentences called ipso facto have no other force than that of a serious threat without any actual effect” (DZ 1547). Of course the canons themselves, VAS and Pope St. Pius X’s election laws removed all doubt. But even aside from that, the very fact of their notoriety removes any need for a declaratory sentence. We read from Abp. Cicognani, quoting the theologian Chelodi, that according to Can. 2232 §1:”The notoriety of an offence is held equivalent to a declaratory sentence” (page 703-704). Commenting on Can. 2232, Rev. Charles Augustine writes:
“It is left to the discretion of the superior to declare a penance has been incurred, that is to issue a declaratory sentence. However this sentence must be issued if the interested party insists or if the public welfare demands it, in the case of a corrupter or briber or a dangerous heretic.” We are then directed to Can. 1935, under the heading “Criminal Trials,” which states: “The faithful may, at all times denounce the offense of another for the purpose of demanding satisfaction or out of zeal for justice to repair some scandal or evil… Even an obligation to denounce an offender exists whenever one is obliged to do so either by LAW or by special legitimate precept or by the natural law in view of the danger to faith or religion or other imminent public evil.” Canon 2223 states it is as a rule left to the discretion of the superior to declare a penalty latae sententiae but he must issue the declaratory sentence if an interested party demands it or if the public welfare requires it.”
From a minister who is an excommunicatus vitandus, or who has been excommunicated by a condemnatory or declaratory sentence, the faithful may ask for sacramental absolution only in danger of death” (Can 2261 §3). There is also Can. 2265, §1 and §2, which states: §1, “Every excommunicated person whatsoever… (1) is forbidden to make use of the right of election, presentation or nomination; (2) is incapable of acquiring dignities, offices, benefices, ecclesiastical pensions, or any position in the Church and (3) cannot be promoted to orders. §2 Acts exercised in violation of the prohibitions in (1) and (2) are not invalid unless they were done by an excommunicatus vitandus or by a person excommunicated by a declaratory or condemnatory sentence.” So not only did Lefebvre and Thuc correspond to the definition of a vitandus, they also were to be considered as excommunicated by a declaratory (latae sententiae) sentence and were deemed by Canon Law as incapable of acting validly, as insisted upon by this author and others for years.
The faithful would be violating Can. 1325 and become heretics themselves for their silence if they failed to admit the violation of these canon laws and denounce the actions of Lefebvre, Thuc, any other bishops — and all whom they invalidly ordained and consecrated — as heretics and schismatics incapable of performing a valid act. Moreover, failure to do so is a denial of the condemnation by Pope Pius VI of the following proposition: “That the Church does not have authority to demand obedience to its decrees otherwise than by means which depend on persuasion, insofar as it intends that the Church has not conferred on it by God the power not only of directing by counsel and persuasion but also of ordering by laws and of constraining and forcing the inconstant and stubborn by exterior judgment and salutary punishments” — (leading toward a system condemned elsewhere as heretical; Auctorem fidei, 1794, DZ 1511). Not only must we defend the faith, but we must also obey the Sacred Canons.
Canon 104: Error invalidates acts
Canon 104 reads: “Error annuls an action, when the error concerns the substance of the action or amounts to a conditio sine qua non — that is to say, if the action would not have been done except for the error; otherwise the action is valid, unless the law states otherwise…” The canonists T. Lincoln Bouscaren and Adam Ellis comment: “Substantial error invalidates an act according to Canon 104. Error means a false judgment of the mind. Ignorance and inadvertence, though not identical with error, have the same juridical effect… Error is of law if it concerns existence or meaning of the law; of fact if it concerns any other fact. Error of law or a fact, if it is substantial, renders an act null and void.” And certainly the error of invalidity and illiciety is substantial; the acts of Trad pseudo-clergy null and void.
Rev. Charles Augustine states under Can. 104: “Whether deceit is committed by hiding the truth or telling a lie or by some machinations employing both words and deeds is immaterial. But it is important to ascertain whether the deceit practiced is the cause of one’s acting in such a way… Deceit generally causes error and therefore the canon speaks of error. Error is a state of mind in which one approves falsehood for truth. It differs from ignorance which is a lack of due knowledge” (A Commentary on Canon Law, 1931). The deceit practiced — hiding the true teachings of the popes and Canon Law to make it appear that they possessed orders and epikeia could replace jurisdiction; that they could represent the Church without the pope — this subterfuge definitely caused those involved in traditionalist sects to act as they did. But now that they know better, Catholics must do better.
Conclusion
As stated here repeatedly, to refute the teachings of the above Canons and prove only illiciety, while maintaining validity, LibTrads would need to disprove the most recent decisions of the Holy Office, the Code itself, VAS, and many other binding papal documents. In truth this cannot be done because the Church does not contradict Herself. They had the answer to what should be done in the absence of the Pope in Vacantis Apostolicae Sedis — elect a true pope according to the Sacred Canons. But all the cardinals, all the bishops failed to act. Cardinals lost the right to elect in voting in Roncalli, known to be a suspected heretic; the silence and inaction of the bishops on whom the election devolved ended any hope of ever again being able to elect a true pope.
In the latter days of his papacy, Pope Pius XII granted the faithful the following commission, in a document entered into the AAS: “Especially in countries where contacts with the hierarchy are difficult or practically impossible Christians…MUST, with God’s grace, assume all their responsibilities. Even so nothing can be undertaken against the explicit and implicit will of the Church or contrary in any way to the rules of faith or morals or ecclesiastical discipline.” It would be AGAINST the rules of faith and morals, of ecclesiastical discipline were the faithful NOT to invoke their right to publicly declare these imposters INVALID, NULL and VOID under Can. 1935. And that is why it matters that those praying at home acknowledge LibTrads not as just illicit, but undeniably invalid.
So the proofs above are Q.E.D. — quod erat demonstrandum. Or short and sweet, what has just been demonstrated cannot be refuted.
More comments from our readers
From Anon.
“I am now convinced that the orders after Pope Pius XII died are invalid. Thank you for directing me to Canon 2294.”
From D.M.
“To me the liciety v. validity is a not an issue as none are even now or ever were Catholic. Had one stood up in 1958 and said ‘we need another Conclave to get rid of this Modernist’ it would be different but seeing they all fell into line, Paul IV and Pope Pius XII in VAS takes over. End of story.”
From M.L.
“I’ve been thinking over some points on the validity of ordinations after Pope Pius XII, especially regarding the Church’s requirements for proper intention and for ministers to be “duly promoted.” Pope Leo XIII emphasized in Apostolicae Curae that, “In the ordination of bishops and priests, there is required besides the matter and the form, the minister, who is a duly promoted person, and the intention of doing what the Church does.”
“With this in mind, could ordinations performed without papal authority lack the necessary intention and legitimacy, if the minister’s intention is not aligned with the Church’s requirement for apostolic succession, and if they themselves are not “duly promoted” as the Church demands? Can’t it be said that what the so-called traditionalist spokespeople after Pius XII—empowered by the devil—were really able to do was craft a deceptive narrative that buried the truth known by true Catholics today and offered to souls seeking to enter the Ark. Rites done by valid ministers don’t guarantee validity if their so-called ‘ministers’ were not ‘duly promoted’ under a pope, as Apostolicae Curae outlines. Without the proper intention to do what the Church does in conferring the apostolic succession the way that the Church does, and without due promotion, validity is in very serious doubt—and their illicit rebellion, placing them outside the true Church, only underscores their lack of authority.
In light of our discussions and your articles, I felt compelled to reply, especially given the relentless spread of flawed reasoning and deceptive arguments among traditionalist circles. These opponents falsely claim that mere external adherence to the rites of the Church ensures validity, ignoring the critical necessity of papal unity and sacramental intention as the Church has always understood it. Their distorted narrative has led many to confusion and even despair, as they downplay God’s providence and misconstrue the role of His Holy Church. Few of us remain today who see through these deceptions and can articulate the truth that answers and dismantles their fallacies. And yet, we are equipped with a powerful defense: the Rosary, our great weapon, and true devotion to the Blessed Mother, who strengthens our faith and guards our fidelity.
As Christ Himself questioned, “When the Son of Man comes, will He find faith on the earth?” (Luke 18:8). We must hold fast, in this sense, to the true faith — the faith unwaveringly loyal to the Church as He established it. In this small remnant of the faithful, we find ourselves defending the apostolic continuity, purity of sacramental intention, and unity under Christ’s Vicar, keeping watch for His return and the restoration of His Church.
Your article provides a powerful exposition on the implications of Vacantis Apostolicae Sedis (VAS) for understanding valid episcopal authority during a papal interregnum. The constitution’s infallible assertion, specifically through Pope Pius XII’s directive, highlights that consecrations without a papal mandate are “null, void, and invalid.” This decree confirms that apostolic succession cannot be sustained without unity under a canonically elected Pope, rendering “traditionalist” consecrations invalid, not merely illicit. Pope Leo XIII’s Apostolicae Curae also underscores that a valid sacrament requires the intent to “do what the Church does,” which is incompatible with rejecting the Church’s teaching on the necessity of papal primacy. Your detailed treatment of these sources refutes the Gallicanist-like argument that bishops can perpetuate apostolic succession without the head bishop, the Pope.
Your second article offers a compelling and comprehensive defense of Vacantis Apostolicae Sedis (VAS) and its crucial role in preserving the Church’s integrity during interregna. I appreciate how thoroughly you addressed the necessity of papal authority in ensuring apostolic succession, pointing out that consecrations without the papal mandate are “null and void” by decree of Pope Pius XII. Your arguments against the notion that bishops could perpetuate apostolic succession independently are especially powerful. It resonates with what we’ve discussed about Apostolicae Curae and Pope Leo XIII’s insistence on the need for sacramental intention aligned with the Church’s understanding of unity under the Pope. I think this analysis beautifully clarifies how VAS refutes traditionalist claims and makes a clear distinction between lawful sacramental intention and invalid acts separated from papal authority. Thank you for sharing such a precise and valuable piece.
Your reflections make it clear that these so-called traditionalists have fallen into a grave error, misled as “children of the devil,” who have manipulated narratives to exploit the fears and vulnerabilities of the faithful. It was their initial lack of trust in God’s providence and love, and a failure to lean on the Blessed Virgin’s intercession, that opened the path to apostasy. This same distrust continues to sway those who, even after the great apostasy, are unable to muster the courage to truly live by faith, rather than seeking the security of what they can see or control. As Pope Pius XII reminded us in Vacantis Apostolicae Sedis, any attempt to act outside papal authority is “null and void,” making clear that sacramental validity requires a true and obedient intention to serve within the structure Christ established through His Church.
Trads often dismiss key ecclesiastical rulings as “merely disciplinary” without recognizing the significance of their binding nature, particularly when set forth in the Acta Apostolicae Sedis. I absolutely agree with you on the infallibility of Humani generis and the tragic missteps made by those who choose to downplay it. Your point about the visible and tangible aspects of faith really resonates, and it’s a valuable reminder of St. Paul’s teaching on the unseen essence of faith. The contrast you draw with Protestantism is poignant—modern Trads do risk reducing the Church’s mysteries to a mere formalism that lacks the true essence of faith.
Who could have foreseen that we would be born into a time such as this, where in these dark latter days we are called to endure the absence of the Eucharist and the guiding hand of a true Vicar? Our plight bears a suffering scarcely imaginable. The early pilgrims, though they often could not partake directly, at least knew these sacraments and offices were present in the world. But now, we find ourselves in a desolate landscape, clinging to faith amid profound loss. Were it not for the grace of Almighty God, poured forth through the loving hands of the Blessed Mother, how could we endure?
Thank you again for allowing me to reflect on these matters, and may God bless you in your work to clarify the faith for those striving to follow it faithfully.
by T. Stanfill Benns | Nov 10, 2024 | New Blog
+25th Sunday after Pentecost+
Introduction
Readers are still unsure they can obtain certainty regarding the invalidity of Traditionalist orders received following the death of Pope Pius XII. By borrowing proofs from various site articles, I have once again tried to summarize what I think will help dispel the confusion created by Traditionalist “theologians” on this topic. These men make it appear that orders are superior to jurisdiction, when in fact the two are inseparable; BOTH are now required for validity. As one reader, M.L., commented:
“I’ve been reflecting on the subtle but crucial distinction between Traditionalists and true Catholics. It seems that while some Trads acknowledge the concept of validity versus liceity, their approach often stops at legality, missing the true spirit of faithfulness. They have become adept at navigating the technicalities of validity BUT SEEM TO LACK THE DEEPER SUBMISSION TO DIVINE LAW THAT TRANSCENDS MERE RUBRICS. Many simply echo their predecessors in a way that places the appearance of sanctity above its essence. These clerics, in their outward mastery of tradition, even Latin, create an enticing façade but in reality wield influence over the faithful more as a spectacle than as true shepherds.
“This has led me to conclude that genuine holiness now requires a prudent separation from such influences, lest we too fall into their error. God’s faithful remnant must remain vigilant, preserving their distance so as to avoid contracting the same spiritual malaise. Yet, we should never cease to share the truth in charity; some, by the grace of God, may yet receive it. And so, we walk the fine line of standing apart from this corruption while remaining a light for those still capable of seeking God sincerely.”
Amen to that. And please forgive me if I sometimes underestimate the damage that years of indoctrination by Trad pseudo-clergy has truly wrought and appear to have little sympathy for readers “not quite there yet.” The urgency of abandoning error sometimes overrides the patience required in the workings of grace. We begin below by addressing the means used for decades to deceive Catholics regarding the core issues of invalidity and liceity.
Tools of deception
First, we begin with the over-emphasis on Orders versus jurisdiction, when both are necessary to Apostolic succession; of the need of Mass and Sacraments as opposed to the dogma that that a true pope must be canonically elected. This shift of emphasis was a tool used by the Modernists even before Pius XII’s death. It is described in an article by Rev. Albert F. Kaiser, in The American Ecclesiastical Review, December-January, 1953-54 (“The Historical Backgrounds and Theology of Mediator Dei”) as “heretical exclusivism,” the minimizing and edging out of one dogma by emphasizing another. Orders was falsely portrayed as the all-important “gold key” in the keys of orders and Divinely instituted jurisdiction, sidestepping that of the Supreme Pontiff. The necessity of the Mass and Sacraments (the Anglican chant that “It is the Mass that matters,”) was stressed outside the papal direction required to assure the faithful that only valid and licit clergy would celebrate it. Traditionalists insisted that the Mass and Sacraments were the primary, almost exclusive means of grace, discounting prayer and good works.
Canon 196 reads: “The Catholic Church possesses by divine institution the power of jurisdiction or government. This power is twofold: that of the external forum and that of the internal forum.” Traditionalists NEVER explained to their followers that to become a true successor of the Apostles, one must possess both Orders AND jurisdiction, which they brazenly tried to explain away by invoking the non-applicable, meta-juristic principle of epikeia (see HERE). Nor did they explain it is a dogma that the faithful are bound to follow only lawful pastors, possessing jurisdiction (DZ 967, 968). The pseudo-priest Anthony Cekada wrote in 2003:
“Now, if a person has seriously and duly used the proper matter and form for performing or administering a sacrament, he is by that very fact presumed to have intended to do what the Church does.” (Pope Leo XIII, Apostolicae Curae, 13 September 1896; on Anglican orders.) The theologian Bernard Leeming S.J. cites this teaching as a confirmation of previous theologians who “all agreed that the outward, decorous performance of the rites sets up a presumption that the right intention exists…. The minister of a sacrament is presumed to intend what the rite means… This principle is affirmed as certain theological doctrine, taught by the Church, to deny which would be at least theologically rash.” (Principles of Sacramental Theology, Westminster MD: Newman 1956; pgs. 476, 482.)
Cekada, however, neglects to include a crucial quote from Leeming, who further notes: “In the case of bishops or priests who fall into heresy, the presumption stands that they intend to do what Christ wills unless the nature of their heresy gives ground to suspect that they are so convinced that Christ does not will a particular effect of Sacraments that they absolutely exclude this from their intention.” The effect of the Sacrament of Orders they deny is obedience to a canonically elected Roman Pontiff as head bishop to rule them, clearly stated in the rite of episcopal consecration — a necessary means of salvation for all the faithful.
Some might say, “Well the Orthodox held this intention and they are still considered valid.” Yes, but the Orthodox are not presenting as the true Catholic Church of all time; they present as exactly what they are -— a schismatic sect, recognized as such for centuries. LibTrads are actually attempting to alter the very nature of the Church’s Divine constitution and convince those believing themselves to be Catholic that the Church can exist and function without a canonically elected pope, which is a heresy (DZ 570c, 570d, 653, 674, 675). Cekada’s cherry-picked observations also presume the performance of many prerequisites necessary for both liceity and validity, primarily intention. This is contrary to the teaching and practice of the Church, as summarized below.
Church teaching on validity of Orders
The Catholic Encyclopedia on Anglican orders
“When persons or classes of persons who wish to minister at the Church’s altars have undergone ceremonies of ordination outside its fold, the Holy See is chary of doctrinal decisions but applies a common-sense rule that can give practical security. Where it judges that the previous orders were certainly valid it permits their use, SUPPOSING THE CANDIDATE TO BE ACCEPTABLE; where it judges the previous orders to be certainly invalid it disregards them altogether, and enjoins a re-ordination according to its own rite; where it judges that the validity of the previous orders is doubtful, EVEN THOUGH THE DOUBT BE SLIGHT, it forbids their use until a conditional ceremony of re-ordination has first been undergone.” Conditional ordination and re-ordination are necessary to obtain the required jurisdiction. And this only if the Church determines the candidate is fit.
One must first be properly called, investigated, qualified and validly tonsured by a bishop possessing an office — who is in communion with the Roman Pontiff — to be undoubtedly validly ordained a priest. For one must be a certainly valid priest to become a bishop, as St. Thomas Aquinas teaches. As seen above, even slight doubt forbids any use of purported orders. Determination of validity, hence the right and ability to receive jurisdiction, rests with the pope.
Pope Paul IV’s Cum ex Apostolatus Officio
This 1559 bull sets the stage for disqualification from offices and promotions. “All and sundry BISHOPS, Archbishops, Patriarchs, Primates, Cardinals, Legates… inciting or committing schism or who, in the future, shall stray or fall into heresy… being less excusable than others in such matters… are also automatically and without any recourse to law or action, completely and entirely, forever deprived of, and furthermore disqualified from and incapacitated for their rank… (para. 3). “Further, if ever at any time it becomes CLEAR that any BISHOP…[etc.]; or likewise any Roman Pontiff, before his promotion or elevation as a Cardinal or Roman Pontiff, (has strayed from the Catholic Faith, fallen into some heresy, or has incurred schism), then his promotion or elevation shall be null, invalid and void… The persons themselves so promoted and elevated shall, ipso facto and WITHOUT NEED FOR ANY FURTHER DECLARATION, be deprived of any dignity, position, honor, title, AUTHORITY, OFFICE AND POWER…” Because there is doubt and confusion regarding this matter, under Can. 6 §4 this law is now the prevailing law. Cum ex… is retained in numerous places as a footnote throughout the Code.
This may be confusing to some, so we will attempt to explain it. The important point here is that only Marcel Lefebvre and Pierre Martin Ngo Dinh Thuc, also a few others ordaining or consecrating post-1958, were validly consecrated bishops under Pope Pius XII, (although Lefebvre ‘s consecration is doubtfully valid). Cum ex… must not be applied to those calling themselves bishops today who were ordained and/or consecrated by these pre-1958 consecrated bishops. Cum ex… states in paragraph 3 of the bull that any bishop inciting or committing schism and/or falling into heresy loses forever his office as bishop. Can. 188 §4, with paragraphs 3 and 6 of Cum ex… annotated, is listed as one of this canon’s sources, (Peter Card. Gasparri’s 1917 Code in Latin with the Fontes, 1957).
The canon reads: “All offices shall be vacant ipso facto by tacit resignation in the following cases: … (4) If a cleric has publicly lapsed from the Catholic faith” (Woywod-Smith). This is how we know that both paragraphs refer to loss of office. Lefebvre, Thuc, et al publicly accepted the Novus Ordo, signed Vatican 2 documents and celebrated the Novus Ordo Missae. They were public heretics. They also incited schism by establishing their own Traditionalists sects. They lost their offices as bishops and basically were reduced to the priesthood as regards their powers. Heretical and schismatic bishops can ordain and consecrate, but the value of these orders must be officially determined by the Church before they can be declared valid. (This will be treated below.)
Thomas William Allies/Pope Pius IX
In 1865, Thomas William Allies M.A., a convert from Anglicanism, issued the third edition of a little work called The See of St. Peter. It was translated and circulated by the express order of Pope Pius IX. In this work, Allies refers to the Anglican bishops later declared invalid by Pope Leo XIII: “On the supposition that they were true bishops, they had power to administer the Sacraments, but in no particular place, nor to any particular persons. They were bishops, but they had no subjects; all acts of jurisdiction performed by them under these circumstances would be null: acts of their Order, irregular. Supposing them to be true bishops, nay, to have been consecrated by the Supreme Pontiff himself and under no canonical disabilities, THEY COULD NOT CONFER ORDERS WHICH SHOULD BE VALID IN RESPECT OF EXECUTION; as they had no jurisdiction themselves, they could confirm none… Acts flowing from Order, although done wrongly and illicitly, are yet, when done, valid; but acts flowing from jurisdiction, if done upon those over whom the doer has no jurisdiction, are absolutely invalid and null…”
Is this making sense now? Only the Roman Pontiff can provide a bishop with subjects by approving his appointment as bishop, thereby assigning him a diocese. Lefebvre, Thuc and any others abandoned the dioceses assigned them by Pope Pius XII to accept dioceses from Roncalli and Montini. They tacitly resigned their offices by accepting the usurpers, committing heresy and schism, from which they were never absolved. Their acts were null and void because they were forbidden to exercise their orders, being schismatic pseudo-bishops, and they had no subjects over which to validly exercise them. Bishops call priestly candidates from the population of their dioceses; over them they have jurisdiction. These alone they may validly ordain. This only repeats the teachings of the Council of Trent (DZ 967, 968) on those priests and bishops not “rightly sent.”
Allies continues: “All this doctrine may be summed up thus: all spiritual power of the sacerdotal character is given together with a certain consecration, and therefore the keys are given with the order; but the USE of the keys requires its proper MATTER, which is a people made subject by jurisdiction, and therefore one, before he has jurisdiction, has the keys, but has not the ACT of using them. A consequence of this is that while in all schismatics, heretics, excommunicated, suspended or degraded persons, the power of the keys remains as to its essence, yet THE USE OF THE KEYS IS BARRED THROUGH DEFECT OF MATTER… Whence, as the Church deprives heretics, schismatics, and such like, by withdrawing their subjects, either simply or partially, so far as they are deprived, they cannot have the use of the keys.” All know a sacrament is not valid if matter, form or intention is lacking.
Canon 2245, April 1951, AAS 43-217
“A decree of the Holy Office concerning the consecration of a Bishop without canonical provision is as follows: A Bishop OF WHATSOEVER RITE OR DIGNITY who consecrates to the episcopacy anyone who is neither appointed nor expressly confirmed by the Holy See and the person who receives the consecration, even though they were coerced by great fear, (Can 2229 §3, no. 3), incur ipso facto an excommunication most specially reserved to the Holy See.” Per the above, and according to the unanimous opinion of theologians, there can be NO presumption of validity until the matter is resolved by the Roman Pontiff, and only the Roman Pontiff. And notice that he states, “OF WHATSOEVER RITE OR DIGNITY,” including here all the Uniates and the Orthodox, as his supreme jurisdiction allows.
Pope St. Leo I
The Catholic Encyclopedia says of Pope St. Leo I: “[Pope St. Leo I, the Great] died 10 November, 461. Leo’s pontificate, next to that of St. Gregory I, is the most significant and important in Christian antiquity.” Pope St. Leo the Great and the author quoting him notes that other popes, not just Pope St. Leo I, taught as he did, and as Pope Pius VI would later teach in Charitas. “To Anastasius of Thessalonica, apostolic vicar in Illyria, the pontiff Saint Leo the Great told him: “Let no bishop be ordained in those churches without your approval: in this way he will take care, to make the choice with maturity, knowing that they have to pass your examination. The metropolitan who, disregarding our mandates, will be ordained without your notice, let him know that WE WILL NOT CONSIDER HIS ORDINATION AS VALID; and he will be responsible before us for the USURPATION HE PRESUMED TO MAKE OF THE HOLY MINISTRY.” (The balance between the two powers: that is, The rights of the Church vindicated against the attacks of Dr. D.F. de P.G. Vigil by Reverend Fray Pedro Gual, Vol.3, p. 202).
Szal’s Canon Law dissertation
In Rev. Ignatius Szal’s Communication of Catholics With Schismatics, (1948), Szal notes that in the late 12th century, when the antipopes Victor IV and Paschal III reigned: “These schismatics had ordained many of their adherents to the episcopate…The Third Lateran Council took action by declaring that the ordinations performed by these schismatic popes were null and void, as also the ordinations conferred by those who had been consecrated by them… The Canon used the word “irritas” in reference to the ordinations conferred by the schismatics. However the term was to be understood in reference to the execution or the EXERCISE of these orders, rather than to their validity.” In other words, they made no decision on whether they validly possessed these orders. For whether they possessed them or not, they were forbidden, under pain of invalidity, to exercise them over those not their subjects.
Pope Pius VI, Can. 147
This constitution is listed as a footnote to Can. 2370 regarding the necessity of the papal mandate for consecration: “For the right of ordaining bishops belongs only to the Apostolic See, as the Council of Trent declares; it cannot be assumed by any bishop or metropolitan without obliging Us to declare as schismatic both those who ordain and those who are ordained thus INVALIDATING their future ACTIONS…. “ Pius VI further warns they are not to function in any way, regardless of “any pretext of necessity whatsoever.” And Can. 147 states: “An ecclesiastical office is not validlyobtained without canonical appointment. By canonical appointment is understood the conferring of an ecclesiastical office by the competent ecclesiastical authority in harmony with the sacred canons.” Notice the use of canonical in Can. 2245 above. As the popes, the Council of Trent, the Catholic Encyclopedia and the theologians all teach, there can be no Apostolic succession when both Orders and jurisdiction do not exist together. So why is anyone presuming these men to be valid??
Canon 147 was based on the decree of the Council of Trent regarding orders. In 1950, the Sacred Congregation of the Council provided an official interpretation of Can. 147, citing the following from the Council of Trent: “Those who undertake to exercise these offices merely at the behest of and upon appointment by the people or secular power and authority, and those who assume the same upon their own authority, are all to be regarded not as ministers of the Church, but as ‘thieves and robbers who have entered not by the door’ … “If anyone says that those who are neither duly [rightly, properly] ordained nor sent by ecclesiastical and canonical authority but who come from elsewhere are legitimate ministers of the word and of the Sacraments let him be anathema” (Canon Law Digest, Vol. 3, T. Lincoln Bouscaren, 1954; see also DZ 967, 968).
Pope Pius XII attached ipso facto excommunications specially reserved to the Holy See to the Sacred Congregation of the Council’s interpretation for allowing anyone to be intruded into an ecclesiastical office and this is extended to any who support them. Ordinations by these schismatics and heretics — Lefebvre, Thuc, et al — can scarcely be said to have been done rightly or properly. And such men were stripped of any jurisdiction, so had no power to send anyone. It is interesting to note that directly below this instruction on Can. 147 in Bouscaren’s work, he lists a reference to Can. 2394, where it is declared that those violating this canon are considered VITANDUS. And earlier popes, in condemning such men, made it clear they were to be regarded as vitandi (more on this below).
Holy Office decree
According to a decision from the Holy Office, Nov. 18, 1931: “A lapsed Catholic who receives orders from a schismatic bishop can be received back into the Church only on the understanding that such ordinations, even if valid, will be completely disregarded, Ecclesiam non habere neque unquam habituram esse oratorem tanquam ordinatum cum que propterea nullus obigationibus statui clericali annexis tenneri” (Dr. Leslie Rumble, Homiletic and Pastoral Review: “Are Liberal Catholic Orders Valid,” 1958). One cannot validly receive orders if one is not a Catholic; there must first be abjuration and absolution from heresy. All of us, at one time, including those ordained by Traditionalists, were members of the Novus Ordo or Traditionalist sects and would need to be absolved and abjured from any censures. Membership in any non-Catholic sect qualifies one as a lapsed Catholic.
Invalidation of acts, not orders
And finally we come to Pope Pius XII’s Vacantis Apostolicae Sedis, (VAS), specifically governing an interregnum. “(1) Therefore, We declare INVALID AND VOID any power or jurisdiction pertaining to the Roman Pontiff in his lifetime, which the assembly of Cardinals might decide to exercise (while the Church is without a Pope), (2) The Sacred College of Cardinals shall not have the power to make a determination in any way it pleases concerning the laws of the Apostolic See and of the Roman Church… (3) The laws issued by Roman Pontiffs in no way can be corrected or changed by the assembly of Cardinals of the Roman Church while it is without a Pope, nor can anything be subtracted from them or added or dispensed in any way whatsoever with respect to said laws or any part of them… In truth, if anything adverse to this command should by chance happen to come about or be attempted, We declare it, by Our Supreme Authority, to be null and void.” (see full text HERE).
Lefebvre, Thuc and any others usurped papal jurisdiction by dispensing themselves and proceeding without the mandate. They also usurped papal jurisdiction by erecting seminaries without papal appointment or approval and presumed to proceed without the lifting of their censures for heresy and infamy of law by the pope. Therefore under Charitas and VAS, all that they did was null, void and invalid. This constitution is addressed to cardinals, but if even cardinals do not have such power, schismatic bishops would certainly have none!
Let us here pause to address the objection that null and void does not necessarily mean invalid despite its use in Canon Law and certain papal documents (see Charitas referenced above; also Pope Paul IV’s bull Cum ex Apostolatus Officio). Pope Leo XIII provides an authoritative definition of this term in his constitution Apostolica Curae, addressing the administration of Holy Orders: “To obtain orders nulliter means the same as by an act null and void — that is invalid — as the very meaning of the word and as common parlance requires.” And invalid is the word used interchangeably with null and void in the documents of Pope Paul IV and Pope Pius VI cited above. Leeming also lists invalid as “synonymous with null or void” (p. 266).
It is true that a pope cannot nullify a valid ordination or episcopal consecration, but VAS does not nullify orders received. It only reinforces and confirms all that is presented above, exercising the pope’s supreme jurisdiction to protect the Deposit of Faith in his absence. This should erase all doubt in Catholic minds. The Church is most vulnerable to sabotage and profanation during an interregnum. And Pius XII is clear in his intent. As Msgr. Joseph C. Fenton observes:
“It is, I believe, to be presumed that the Vicar of Christ speaks to the faithful in a way they are able to understand… Our Lord did not teach in any way but authoritatively nor does His Vicar on earth when He teaches in the name and by the authority of his Master. Every doctrine proposed by the Holy Father to the entire Church militant is, by that very fact, imposed upon all the faithful for their firm and sincere acceptance.” Please realize that any papal document, whether infallible or not, binds Catholics (Can. 1812, Pope Leo XIII). Nothing that LibTrad pseudo-clergy pretend to teach can supersede or change that.
One last objection
“But there were consecrations done throughout the centuries without papal approval, consecrations done validly though illicitly…”. This “earlier precedents” business, officially promoted by the CMRI and others, is one of the oldest LibTrad deceptions on the books. This is yet another violation of Canon Law: “A more recent law given by competent authority abrogates a former law if it is directly contrary to the former law… or if it readjusts the entire subject matter of the former law” (Can. 22). Pope Pius XII states in Ad apostolorum principis, addressed to the errant Chinese national bishops:
“Everyone sees that all ecclesiastical discipline is overthrown if it is in any way lawful for one to restore arrangements WHICH ARE NO LONGER VALID because the supreme authority of the Church long ago decreed otherwise. In no sense do they excuse their way of acting by appealing to another custom, and they indisputably prove that they follow this line deliberately in order to escape from the discipline which now prevails and which they ought to be obeying…The faithful are bound by the duty of hierarchical subordination and true obedience not only in matters which pertain to faith and morals, but also in those which concern the discipline and government of the Church.”
And from Mediator Dei, 1947: “Clearly no sincere Catholic can refuse to accept the formulation of Christian doctrine MORE RECENTLY ELABORATED AND PROCLAIMED AS DOGMAS BY THE CHURCH, under the inspiration and guidance of the Holy Spirit with abundant fruit for souls, because it pleases him to hark back to the old formulas. NO MORE CAN ANY CATHOLIC IN HIS RIGHT SENSES REPUDIATE EXISTING LEGISLATION OF THE CHURCH TO REVERT TO PRESCRIPTIONS BASED ON THE EARLIEST SOURCES OF CANON LAW.” This is an actual error condemned by Pope Pius XII in an infallible encyclical as Antiquarianism. We have no choice but to accept it with a firm assent.
Conclusion
I do not see how anyone, weighing the proofs presented here, could still remain in doubt, given the testimony of Wm. Allies, Pope Pius VI, the Holy Office and VAS. This is not a matter of understanding; it is matter of assenting firmly and irrevocably to what the popes teach and what Canon Law legislates. The invalidity of these bishops matters because the truth always matters, and we are always required to believe only the truth. Those holding them to be only illicit can offer NO papal documents proving their validity, proofs they are bound to produce to justify their belief. In a doubt of law one returns to the old law (Can. 6 §4). As seen above, Charitas is the old law governing Can. 2370 demanding the papal mandate, and Charitas teaches that the orders conveyed by these men are invalid; likewise VAS. This resolves everything. Another papal document footnoted to Can. 2370 is Pius IX’s Etsi Multa, which states:
“As even the rudiments of Catholic faith declare, no one can be considered a bishop who is not linked in communion of faith and love with Peter, upon whom is built the Church of Christ; who does not adhere to the supreme Pastor to whom the sheep of Christ are committed to be pastured; and who is not bound to the confirmer of fraternity which is in the world.” Following these words, he condemns the Old Catholic bishop Reinkin as a vitandus, calling him a pseudo-bishop. Pope St. Pius X also condemned as a schismatic, a vitandus, and a pseudo-bishop the Old Roman Catholic Arnold Harris Mathew. Validly consecrated vitandi can only validly forgive sins at the hour of death, as a priest; they certainly cannot validly ordain or consecrate. And on this head, VAS removes all doubt about any validity: their orders are invalid. These are the “precedents” real Catholics use to resolve doubts, those given to us by the Popes and the councils, as reflected in Canon Law.
The “illicit only” crowd which upholds the validity of these pseudo-clerics must understand that they do so only because they are still enmeshed in Traditionalism, whether they pray at home or not. This can be remedied by studying and fully assenting to the teachings of the popes. Don’t feel ashamed for accepting these lies for many years and for that reason be reluctant to choose the popes over the prevailing “wisdom” of LibTrads. If we can possibly help these false clerics and their followers see their errors, we must do as Canon Law directs us to do — gather forces to prevent them from functioning, not fracture into opposing pray-at-home sects. That is the true charity we owe our neighbor.
Christ alone is the truth, and His vicars speak in His name. His vicars are telling us that without the Church’s Christ-instituted head — a canonically elected pope exercising supreme jurisdiction — there can be no Church, no Catholic society, as Pope Pius IX taught. As members of the Apostolic College, bishops cannot rule in the pope’s stead; they must submit to the pope as head bishop. Deny that, and you deny that Christ ever instituted the papacy.
by T. Stanfill Benns | Nov 1, 2024 | New Blog
+Feast of All Saints+
Prayer Society Intentions for November, Month of the Holy Souls in Purgatory
“O Lord Jesus Christ, King of glory, deliver all the souls of the faithful departed from the pains of hell and the bottomless pit.” (Raccolta)
Introduction
An objection to the article refuting Gerry Matatics was sent to me by email and the topics raised are presented below for those who may be in contact with the person(s) circulating these specious and repetitive objections. My answers to the objections, stated in blue, are listed in the responses below.
On Feeneyism
Objection: Matatics no longer supports Feeneyism. He states this in his videos. It’s no different than you trying to elect a false pope and later recanting your position.
Response: It is not enough to state it, he must PROVE that he no longer supports this position by removing all traces of it as stated publicly on his website! I spent nearly two years condemning the heresies of David Bawden publicly on my website after denouncing him as “pope.” Please pay attention to the sum total of what is posted to Matatics’ website (https://www.gerrymatatics.org/GRIsGerrySede.html) as of 2019, part of which is quoted in my article. He has the obligation to correct it and publish the Church’s true teaching on this dogma as expressed by Pope Pius XII in Suprema haec sacra. I warned him about this long ago, as did others. His website copy now contradicts a truth of faith and favors a man condemned by Pope Pius XII as a heretic, and this is cooperation in heresy:
“I do not necessarily agree with or endorse every detail of every article on these other websites, especially on other matters. Particularly is this true with regard to their various views on the hotly-debated dogma extra ecclesiam nulla salus (“outside the Church no salvation”). Some of these websites take too unacceptably liberal a view of this dogma, HOLDING, FOR EXAMPLE, THAT THOSE WHO DO NOT PROFESS THE CATHOLIC FAITH COULD STILL BE SAVED — despite the clear teaching of the Athanasian Creed and infallible papal pronouncements to the contrary.
“St. Thomas Aquinas, St. Robert Bellarmine, St. Alphonsus de Liguori, and in fact every single doctor of the Church and every catechism and theological manual used by the Church for the last millennium [teaches] the remote possibility of salvation for Catholic catechumens who hold the Catholic Faith and who possess perfect charity and perfect contrition for their sins, and thus might qualify to receive the grace of the sacrament of baptism when they are unable, through no fault of their own, to receive the sacrament itself — especially if these spiritual qualities are evidenced by their martyrdom for the Catholic Faith. Such a rare occurrence would still require the existence of the sacrament of baptism and derive its efficacy from the sacrament, thus arguably not negating John 3:5 and similar papal statements. This would be the classic doctrine — not the modern liberal version thereof — of “baptism by desire” and “baptism by blood,” admittedly never dogmatically defined by any pope or council, but equally admittedly never explicitly condemned by any pope or council either. At best this teaching is a tolerable theological opinion within the parameters of Catholic orthodoxy, certainly not de fide but arguably proximate to faith.”
How can Matatics possibly state it is a tolerable theological opinion when Pope Pius XII excommunicated Feeney and issued Suprema haec sacra, based on numerous decisions of prior popes and councils?! Every aspect of the Feeneyite heresy from the teachings of the Church Herself is exposed HERE. What Matatics states above is NOT the teaching of Pope Pius XII or the Continual Magisterium — it is slightly modified Feeneyism. If Catholics would only read the popes and councils, they would know this. Witness the teachings of Pope Pius IX and Pius XII, as presented below:
Singulari quadem, December 9, 1851
“Certainly we must hold it as of faith that no one can be saved outside the apostolic Roman Church, that this is the only Ark of salvation, and that the one who does not enter it is going to perish in the deluge. But, nevertheless, we must likewise hold it as certain that those who labor in ignorance of the true religion, if that [ignorance] be invincible, will never be charged with any guilt on this account before the eyes of the Lord. Now, who is there who would arrogate to himself the power to indicate the extent of such [invincible] ignorance according to the nature and the variety of peoples, regions, talents, and so many other things? For really when, loosed from these bodily bonds, we see God as He is, we shall certainly understand with what intimate and beautiful a connection the divine mercy and justice are joined together. But, while we live on earth, weighed down by this mortal body that darkens the mind, let us hold most firmly, from Catholic doctrine, that there is one God, one faith, one baptism. IT IS WRONG TO PUSH OUR INQUIRIES FURTHER THAN THIS. “
Quanta conficiamur moerore, Aug. 10, 1863
“And here, Our Beloved Sons and Venerable Brethren, We must mention and reprove a most serious error into which some Catholics have fallen, imagining that men living in errors and apart (alienos) from the true faith and from the Catholic unity can attain to eternal life. This, of course, is completely opposed to Catholic doctrine. It is known to Us and to you that those who labor in invincible ignorance of our most holy religion, and who, carefully observing the natural law and its precepts which God has inscribed in the hearts of all, and who, being ready to obey God, live an honest and upright life, can, through the working of the divine light and grace, attain eternal life, since God, who clearly sees, inspects, and knows the minds, the intentions, the thoughts, and the habits of all, will, by reason of His goodness and kindness, never allow anyone who has not the guilt of willful sin to be punished by eternal sufferings.
“But it is a perfectly well-known Catholic dogma that no one can be saved outside the Catholic Church, and that those who are contumacious against the authority of that same Church, and who are pertinaciously separated from the unity of that Church and from Peter’s successor, the Roman Pontiff, to whom the custody of the vineyard has been entrusted by the Saviour, cannot obtain eternal salvation.”
This may sound a bit confusing but is made more understandable by the following:
Msgr. J. C. Fenton, in his The Catholic Church and Salvation, 1958, writes: “In the Mystici Corporis Christi Pope Pius XII asserts true Catholic doctrine by teaching that a non-member of the Church who is within the Church only in the sense that he has an unconscious or implicit desire of entering it as a member can possess the supernatural life of sanctifying grace. At the same time, however, he brings out a lesson much needed by some of the writers of our generation when he points out the fact that people who are within the Church only by an unconscious desire cannot be secure about the affair of their eternal salvation precisely because they ‘still lack so many and such great heavenly helps and aids that can be enjoyed only in the Catholic Church.’” And here: “…That one may obtain eternal salvation, it is not always required that he be incorporated into the Church ACTUALLY AS A MEMBER, but it is necessary that at least he be united to her by desire and longing,” (“Pope Pius XII and the Theological Treatise on the Church,” (The American Ecclesiastical Review, December 1958).
The American Ecclesiastical Review, “Questions and Answers,” January 1958, Rev. Francis J. Connell: “Those who are not actual members of the Church can be sanctified and saved if they are invincibly ignorant of their obligation to join the Church and are in the state of sanctifying grace, since such persons have an implicit desire of membership in the Church. But they are not to be reckoned as members of the Church — not even invisible members.” (Rev. Connell was Msgr. Fenton’s teacher.)
As you can see, Matatics does NOT hold to the teachings of Pope Pius IX or Pope Pius XII or to all the previous popes and councils. Nowhere does Pope Pius IX or Pope Pius XII limit baptism of desire to catechumens. Catechumens are not invincibly ignorant, nor is their desire unconscious, but conscious. Matatics is a slick operator and his teaching is heretical, because it impugns the supreme authority of the Roman Pontiff to decide such matters. Now read what I quote from Msgr. Fenton in the Feeney section of the Matatics article concerning the necessity of accepting these teachings of the Roman Pontiffs. Pope Pius XII is the only authoritative interpreter of what previous popes and councils meant in their teaching on baptism of blood/desire. And Msgr. Fenton is a highly decorated and approved theologian qualified to comment on this; Matatics is not. The best source to properly understand the Feeney heresy is Msgr. Fenton’s The Catholic Church and Salvation, available for free download at archive.org.
Publishing forbidden works
Objection: You yourself have published works in violation of Canon Law. [This] is strictly forbidden.
Response: It is a rule of Canon Law that the higher law prevails whenever there is a conflict of law. It would be a violation of Can. 1325 NOT to defend the faith. If I thought for one minute that I was violating Canon Law, I would not be writing. See the 2006 revised article on this here: https://www.betrayedcatholics.com/free-content/1-credentials/where-is-your-imprimatur/ Pope Pius XII commanded us to take up all the duties of the hierarchy in their absence. The address containing that command is entered into the Acta Apostolica Sedis and therefore is binding on all the faithful. The command of the popes, beginning with Pope Pius IX, to engage in Catholic Action, is further proof of this. Canon 1385 forbidding us to write is an ecclesiastical law dependent on the bishop, so Pope Pius XII’s command supersedes this law; it is the higher law. Moreover, as the canonists and moral theologians commonly teach and as I have stated here before, Can. 15 excuses one from an ecclesiastical law that is impossible to obey. It is today impossible to submit one’s works to a bishop.
But the law governing debates is a different matter. Permission for these must come directly from the Holy Office unless there is an emergency (Can. 1325), and there is no emergency here that cannot be resolved by resorting to previous approved works in written form. Presuming such permission from the Holy See during an interregnum is usurpation of papal authority as is infallibly stated in Pope Pius XII’s Vacantis Apostolicae Sedis. So these debates are forbidden and in fact, Pius XII says any attempt to do this outside his permission is null, void and invalid.
Written works can much better PROVE that these arguments are drawn out in obedience to the Church’s own teaching and Canon Law; I have no authority of my own. And one cannot do this effectively in videos. If any published work is challenged as contrary tom faith or inaccurate, the challenger is then expected to use the same laws and teachings to show that they are not contradicting truths of faith. This has never been done by LibTrad pseudo-clergy OR Matatics because they cannot answer the arguments. This being the case, Canon Law tells us that authoritative papal documents prove the case and cannot be contradicted (Can. 1814). What I have presented on my site is papal and canon law. Can. 1825 states: “Presumption may be… a presumption of law, which is stated in the law itself.” And the presumption about public ecclesiastical documents being genuine is stated in Can. 1814.
Canon 1827 reads: “He who has a presumption of law in his favor IS FREED FROM THE BURDEN OF PROOF, WHICH IS THUS SHIFTED TO HIS OPPONENT. If the latter cannot prove that the presumption failed in the case, the judge must render sentence in favor of the one on whose side the presumption stands.” If Matatics is such an educated oracle and defender of the faith, as his promoters and followers believe, then why has he not produced written evidence he is indeed teaching the Catholic faith? Why is he ignoring Pope Pius XII’s Vacantis Apostolicae Sedis and siding with Feeneyites?
I did not write The Phantom Church in Rome of my own accord — readers approached me and requested it be written to help them persuade family members and friends to leave the Traditionalist movement. I have emails to prove this. It is primarily a summary of previous writings and articles on my site. Is it reasonable to think that without some sort of explanation people not well educated in the faith would understand the relevance of things written in normal times if not explained in relation to what is happening today? I don’t think this is at all realistic.
Patrick Henry
Objection: He seemed to be off the Recusant bunch… Because he is older, I think he’s very confused about what is going on.
Response: He is not that much older than I am. I have known Henry since the mid-1980s and have had various exchanges with him. He has repeatedly attempted to direct readers away from my site. He may be getting older, but he has employed various people and methods to discredit me. So he doesn’t seem confused to me. Like Matatics and all LibTrads, he rejects the necessity of the papacy in order that bishops may exist, a denial of papal authority and an endorsement of the Gallicanist heresy. It is also the rejection of the teaching in Mystici Corporis Christi and Ad Sinarum Gentum that bishops receive their powers only through the Roman Pontiff, not directly from Christ.
Matatics correction
Objection: Much of the information you mention is only word of mouth, not from him personally. His website is very outdated and no longer functional. He doesn’t know everything that’s going on with the Recusants… This could be construed as slander.
Response: I am in touch with others who assure me he is aware of the sect and is associated with several of them or their children. I would not have said so otherwise. See the article here on why I am not about to approach him. https://www.betrayedcatholics.com/does-gerry-matatics-respect-his-fellow-catholic-writers/ The moral theologians teach we don’t have to attempt fraternal correction if there is good reason to believe it will not do any good. One does not commit slander when revealing a false reputation in order that others may not be deceived. (Revs. McHugh and Callan). And I will not tolerate heresy on the Internet from anyone. I was recently told by one individual that Matatics told him/her if s/he believed anything I wrote, he wanted nothing to do with them. So I seriously doubt anything I say would convince him. If Matatics is not associated with the recusant sect, he has the obligation to say so publicly, since they are clearly not Catholic and he is the one who first invented the inappropriate recusant reference. Matatics must be the one to prove he is not in violation of papal teaching; I long ago proved my case.
Objection: No one should follow just one person’s “take” on the Church; they should be pointed to the actual documents. No one can claim to have a higher moral authority.
Response: I have never claimed to possess a “higher moral authority.” I only point people to the documents of popes, councils, Canon Law and pre-1959 approved sources — they are the authorities. I then demonstrate the interconnections, which the Church Herself allows me to do. There is a proposition against the scholasticism of St. Thomas Aquinas which the Church long ago condemned. It states: “That… from one matter another matter cannot be inferred or concluded, or from the non-existence of one, the non-existence of the other” (DZ 554). I don’t offer people a “take” on the Church: I offer them the testimony of the popes, the councils, Canon Law and approved theologians as the scholastic method teaches. It is against reason to state that by offering this, inferences cannot be drawn from them, as this proposition attests. Traditionalism and Fideism are heresies that teach that the faithful cannot reason out their faith for themselves, and listening to present-day “Traditionalists” is what got us into this mess in the first place.
Conclusion
These are the same arguments that have been leveled in defense of these online LibTrad preachers for years. The more things change, the more they stay the same. Truth today seems to be measured in the number of “likes” you can rack up for your videos and how many followers read and subscribe to them. Of course we should be listening to the popes about how to measure things such as this, since Pope Pius IX condemned the notion that: “Authority is nothing more than numbers and the sum of material strengths” (Syllabus of Errors, DZ 1760); in other words the voice of the “majority” is no measure of truth. But then he lived in a world without Facebook or YouTube, so who is going to believe he has any credence today?
