What was God’s will for His Church after Pope Pius XII’s death?

by T. Stanfill Benns | Oct 7, 2022 | New Blog

+Feast of the Holy Rosary+

I would like to announce a new page on the website for spiritual reflection entitled, The Healing Pool (see front page under the Prayer Society logo). In these stressful times it is important to take a moment to refresh ourselves with spiritual  nourishment, even if only briefly. It can change our entire outlook and give us the strength we need to carry on. These reflections will be posted as often as possible, so bookmark the link. A great translation of a very consoling spiritual work, courtesy of a reader in Spain, will be available soon. I also hope to begin to offer some spiritual perspective here regarding situations we might easily find ourselves experiencing some day, with so many already suffering in different parts of the world from various disasters and persecutions.

New information

In the past few months, several key articles (see the three recent articles on the site’s home page) have been posted explaining why Traditionalists cannot and do not constitute the continuation of Christ’s Church on earth. These articles are the culmination of decades of study regarding the Church’s teachings and laws prior to the death of Pope Pius XII. They represent the final demonstration of serious positive doubt that all must use as the basis for developing certitude necessary to adjudge our present situation. These articles prove that Traditionalist operations must be avoided under penalty of mortal sin because the Church — not this author — teaches they are not members of the Catholic Church and that their Orders are apparently invalid. This according to Canon Law and the teaching of approved theologians.

The conclusions of these articles are further strengthened by the following information, made available by a reader below, on the ability of the pope to make certain conditions necessary to sacramental validity:

“Others say that if the pope forbids a bishop to chrism, then chrism does not confer character. For although the pope cannot take away the sacrament of confirmation, he can, nevertheless, determine, as to the form, persons, and days, by whom, in what form, and on what days, it is to be conferred, as is said below concerning baptism. C. 1. And if it can establish anything about the persons conferring the Sacrament, then it can also take away from a certain person, the power of chrismation, even though he be a bishop. And they say the same thing about baptism. However, if the pope were to do such things without the knowledge of others, and without grave cause, he should not be supported, for he would be acting against the general good of the Church.

“But… if the bishop were to forbid someone to baptize, baptism would be no less valid for that reason. For the bishop has no power to establish anything about this, as the pope has…. So, they say that the pope can do this because of the privilege given to him: All that you bind on earth, etc. Which makes him have this power by [divine] institution and command Wherefore he is to be obeyed in all spiritual things and in things concerning the soul, unless they are contrary to the faith or specially forbidden to him…

 “And it certainly seems right to say what they say of the pope, that THE SUPREME PONTIFF CAN ESTABLISH IN THEORY AND IN FACT, THAT IF THE SACRAMENTS CONFERRED BY SUCH PERSONS ARE NOT VALID, THEY WILL INDEED BE INVALID. We also admit that he can prevent bishops from chrism and priests from baptizing. But in this case the prohibition does not apply without there being a constitution establishing when the collation of the sacrament is valid, even if it is done against the command of the bishop” (Pope Innocent IV; https://archive.org/details…). Protecting the Church against wolves and hirelings during an interregnum in an infallible document entered into the Acta Apostolica Sedis, and therefore available to all the public, definitely constitutes grave cause. It also satisfies the requirement of being issued in the form of a constitution (Vacantis Apostolicae Sedis).

We obey even the opinions of the popes. But this is something Traditionalists refuse to do.

Obligation to inform

Before proceeding with what follows below, it is necessary to remind readers of betrayed-catholics’ longstanding position regarding Traditionalist works on doctrinal matters. First of all, any papal document, whether binding or not, that is signed by the Roman Pontiff is considered under Canon Law as incontrovertible evidence; also the decisions of the Rota and the Sacred Congregations. As Abp. Amleto Cicognani notes in his Canon Law, the Roman Pontiffs and the Holy See are “…the primary, ordinary and abiding source of law.” This would include the teachings of the ecumenical councils, and Trent, especially, is a source of Canon Law. In addition, any pre-October 1958 work by an approved theologian or canonist — and especially, where Canon Law is concerned, those dissertations which assay and summarize the various scholastic and canonical works — are to be taken as superior to anything taught by Traditionalists. But these works cannot and must not be the “go to” sources for what the Church legislates and teaches, only secondary sources.

Having essentially usurped the papacy and ignored the teaching of the continual magisterium all these years, Traditionalists have a true antipathy for Canon Law because it issues directly from the papacy. This is the real reason why the shills they employ go out of their way to defame and discredit anyone who works from a Canon Law perspective. And these attacks become increasingly more vituperative in proportion to the force of the truths which must be presented For Can. 999 states: “All the faithful are bound by obligation to make known to the ordinary or to the pastor before the ordination any impediment to sacred orders of which they have knowledge.” Well there definitely is knowledge to be had of impediments and disqualifications to both ordination and consecration and even worse. And in lieu of valid clergy not pointing them out, it would be a serious sin of omission not to make these deficiencies public.

The pray-at-home position would unquestionably stand on its own regardless of any proofs that Traditionalist Orders are most likely invalid, since serious doubt alone about such Orders suffices to withdraw oneself from all Traditionalist sects. If nothing else, even stronger evidence would help those wishing to attain certitude to better achieve it. But Catholics are not allowed to remain in a state of doubt if such doubt can possibly be resolved. “Anxieties arising from a doubtful law should be removed; peace of conscience should not be disturbed by a doubtful fact,” Abp. Amleto Cicognani states in his Canon Law, referring those with such doubts to ecclesiastical authorities. We have no authorities to consult except those who have written about these topics when we still had a true pontiff. And God’s honor and glory is at stake, as well as the good of souls. Again, not to act would be a grave sin, because our neighbor is in spiritual peril. But this is not something that Traditionalist pseudo-clergy, or their followers for that matter, seem to be very concerned about. Once the matter has been made public and and the danger exposed, nothing further is required from those offering the information. The Holy Ghost must act on souls with His graces, which no human can provide.

 Canon Law and interpretation

The studies of Msgr. Joseph C. Fenton and those authors he cites and recommends in his works, as well as other reliable sources, have been used to document what is written on this site. Approved canonists generally referred to by those bothering to apply Canon Law to this situation include Revs. Woywod-Smith, Revs. Bouscaren-Ellis, Rev. Ramstein, Abp. Amleto Cicognani, Rev. Charles Augustine and others. Under Can. 17, Abp. Cicognani states that no one is able to authentically interpret the law for himself; only the legislator, his successor and those to whom the lawmaker has committed the power to interpret the law may interpret the law authoritatively. When a skilled canonist acting under the proper authority interprets the law, it is called doctrinal, and this is what the dissertations quoted on this site are considered. No one after October 9, 1958 has the right or the authorization to evaluate these works and arrive at conclusions contrary to them. This is why no works of our own, per se, exist on these matters. We simply cite the works of approved authors and their commentary, although explanations are offered to help the reader relate them to the current situation.

All works here are based on the conclusions of others applied to the situation today. Accusations Canon Law has actually been interpreted on this site are simply false. Laypersons can certainly cite Canon Law and challenge Traditionalist interpretation of the laws, pointing out that the laws are not being followed. This, however, cannot be confused with actual interpretation. Interpretation means an explanation or opinion of what something means(Cambridge Dictionary) or the extent of its application. Or it can be defined as the act of reframing, or otherwise showing your own understanding of something. If some issue is explained based on my own understanding and opinion, that is my explanation. If instead  documents are presented that offer these explanations from approved sources, that is not MY interpretation, but the interpretation of those who are quoted.

In providing these sources, the rules of Canon Law under Can. 17 must be followed, (an act of obedience, not interpretation). Documents from the magisterium or the ecumenical councils or Sacred Congregations are used to demonstrate the origins of the law and the mind of the lawgiver. And if parallel passages of the Code are mentioned, this is referencing, not interpreting them. What they state and what the pre-1959 commentators say they state stands for itself. Merely citing canons and pointing out that they apparently have not been followed according to their previous understanding by approved theologians does not constitute private interpretation. Traditionalists make no attempt whatsoever to follow these rules, and this speaks volumes regarding their supposed superiority in being able to interpret the law. In their Canon Law Digest commentary on Can. 17, Vol. 5 (1963), the canonists Bouscaren and O’Connor wrote the following:

“His eminence, the president of the Pontifical Commission for the Authentic Interpretation of the Canons of the Code, Maximus Cardinal Massimi, declared shortly before his death… that it was his personal opinion he no longer preferred to give authentic replies since all the canons were already sufficiently clear in their obvious meaning.  It is interesting to observe that no officially promulgated replies have since been given for the Code of the Latin church since his death [in 1954].” So this very experienced cardinal, the last of his kind, believed that the Code should be taken exactly as it stood, supplemented by the authentic interpretations already given for over 35 years. And pointing to the canons themselves, exactly as they stand — also the authentic interpretations found in the Canon Law Digest — is all I have ever tried to do. Pope Pius XII, after all, had already said this. For he infallibly declared in his 1945 election law Vacantis Apostolicae Sedis (VAS) that during an interregnum, Canon Law cannot be corrected, changed or dispensed from, and he invalidated any future attempts to do so.

 The papacy, Canon Law and God’s will

Pope Pius IX, in dealing with schismatics in Armenia who were resisting papal discipline wrote:

“They call Our attention to the customs and canons of their churches as if We had abandoned the provisions of the sacred canons. We might respond to these men in the same way Our predecessor St. Gelasius did when the Acacian schismatics brought the same false accusation against him: ‘They cite the canons against Us without knowing what they are saying since they show that they are themselves in opposition to the canons by the very fact that they deny obedience to the first See although its advice is sound and correct.’ For these are the very canons which recognize the full, divine authority of blessed Peter over the whole Church. Indeed, they proclaim that he lives and exercises judgment in his successors to the present time and forever, as the Council of Ephesus affirmed.” (Quartus Supra).

If Catholics sincerely believe that Pope Pius XII was the last true pope, then all that he taught and decided during his reign, everything written and approved by institutions known to be loyal to the Holy See prior to his death must be carefully adhered to and followed, not interpreted or piecemealed to suit what others style as an “emergency.” No one now leading Traditionalists, even if they received an education in “conservative” institutions in the 1960s, 1970s were instructed by those approved by the Holy See; already Liberals and Modernists had infiltrated even conservative universities and colleges. And certainly those attending Traditional “seminaries” were mis-instructed, at best. Most of the detailed works on various canons and other topics are one-of-a-kind and cannot be duplicated. Because they provide these invaluable detailed histories of law and practice that today could not even be accomplished owing to a lack of access to materials, they must be considered the governing sources for any credible work.

According to Volume IX (iii) of the Catholic Encyclopedia concerning Canon Law’s constitution, Rev. Francis J. Schaeffer writes in this volume: “The ultimate source of Canon Law is God, whose will is manifested either by the very nature of things (natural Divine law) or by Revelation (positive Divine law) …To attain its sublime end, the Church, endowed by its Founder with legislative power, makes laws in conformity with natural and Divine law. They are, properly speaking, the active sources of Canon Law. Their activity is exercised in its most solemn form by the ecumenical councils…(these) councils, especially…Trent, hold an exceptional place in ecclesiastical law… The sovereign pontiff is the most fruitful source of Canon Law: …From the earliest ages the letters of the Roman Pontiffs constitute, with the canons of the Councils, the principal element of Canon Law; … they are everywhere relied upon and collected, and the ancient canonical compilations contain a large number of these precious decretals.” If we wish to know the will of God, and the mind of the Church as it has been consistently expressed throughout the ages, we need only look as far as Canon Law.

St. Francis writes: “Obedience to the Commandments, both divine and ecclesiastical, is of obligation for all, because THERE IS QUESTION HERE OF THE ABSOLUTE WILL OF GOD WHO HAS MADE SUBMISSION TO THESE ORDINANCES A CONDITION OF SALVATION.” (Holy Abandonment, Rt. Rev. Dom Vital Lehody O.C.R., page 9). Commenting on St. Francis’ observations, Rev. Lehody writes: “… Rules are ordinarily the chief means at our disposal for the purification of our souls. Obedience detaches and purifies us continually by the thousand renunciations it imposes, and still more by its demand for the mortification of our judgement and self-will… The signified will must be considered the fixed and regular path amidst the accidental and variable events of life, the tasks of our days and of every instant.” (Holy Abandonment, pages 18 and 22). And Holy Scripture tells us we must obey God, in His signified will, not men who are not even lawful pastors.

Likewise we read in the Vatican Council documents: ‘…the faithful…are bound by the duty of hierarchical subordination and true obedience, not only in those things which pertain to faith and morals, but also those which pertain to the discipline and government of the Church, so that the Church of Christ, protected not only by the Roman Pontiff, but by the unity of communion as well as the profession of the same faith, is one flock under one highest shepherd. This is the doctrine of Catholic truth from which no one can deviate and keep his faith and salvation,’” (DZ 1827). Here, then, is the final answer to all those who dare to assail Canon Law. They cannot understand that it is not inequitable LAWS that bind us, but the failure to obey these laws and make them known to those who are in ignorance concerning them. Obeying the law is nothing more than the will of God; and all canon laws are presumed still binding under the very laws governing the canons unless certainly proven to have ceased altogether. Since the laws governing discipline cannot work to the detriment of the faithful or the destruction of the Church, we know that “He who walks with the law walks safely.”

 Traditionalists and obedience

Below is a summary from an article that has been available on this site for many years (https://www.betrayedcatholics.com/free-content/reference-links/4-heresy/what-constiutes-material-heresy-and-schism/).This will provide readers with a better idea of the status Church membership wise of Catholics exiting Vatican 2. Please do read the entire article for a better understanding of this subject.

The theologian Rev. Adolphe Tanquerey writes: “All theologians teach that publicly known heretics, that those who belong to a heterodox sect through public profession, or those who refuse the infallible teaching of the AUTHORITY OF THE CHURCH, are excluded from the body of the Church, even if their heresy is only material heresy,” (Manual of Dogmatic Theology, Vol. II). And as Msgr. J. C. Fenton notes in his “The Teaching of the Theological Manuals,” (The American Ecclesiastical Review, April 1963): “If the theses taught by Tanquerey were opposed to those of ‘the most authentic Catholic tradition of all ages,’ then thousands of priests, educated during the first part of the twentieth century were being led into error.”

Canon Mahoney states in his work: “The liberal view [is that] baptized non-Catholics in good faith are members of the body of the Church precisely because they are not excommunicated…The view diametrically opposed to this is [that] the excommunication of heretics applies to material as well as formal heretics…If a choice had to be made between these two views…, there is no question that the second fits in best with Catholic discipline …” (Questions and Answers,    “All canonists and moralists agree that those who are heretics or schismatics and know they are wrong cannot be given the Sacraments of the Church unless they renounce their errors and are reconciled with the Church. Numerous decrees of the Holy Office put this point beyond controversy” (commentary on Can. 731, A Practical Commentary on Canon Law, Revs. Woywod-Smith).

Surely those leaving the Novus Ordo or various Traditionalist sects knew that they were wrong, or why else would they have left? Even if they had not yet reached adulthood, doesn’t Canon 2314 and 2294 require that they renounce their errors and be absolved and abjured by certainly valid bishops in communion with the Roman Pontiff, also be released from heresy and infamy of law by the Holy See? A pre-1958 article from The Jurist further notes that no young man aspiring to become a priest could even be considered for ordination unless he had been dispensed from any irregularity by the Sacred Congregation of the Sacraments and also dispensed from infamy of law by the Holy See. Furthermore, the person under consideration here had been raised in a Methodist sect whose baptisms are considered valid by the Church but was still considered under censure because he had not converted before the Church’s required age of discretion (14). So where does that leave those of us baptized into the Church and raised with at least some Catholic teaching? The young man here is adjudged to be in good faith only because he was raised in a Protestant sect.

The Jurist article notes further that “To insist that one 14 and older cannot be held guilty of censures is to deny the Church’s right to establish and enforce censures. This teaching of the Jansenist heretics is condemned by Pope Pius VI” (in Auctorem Fidei). And while Pope Pius VI did not condemn the proposition of the inability of the Church to pronounce ipso facto excommunication as heresy per se, after the conclusion of the Vatican Council in 1870, such denial of the Church’s right to establish and enforce censures amounts to a denial of the supreme jurisdiction of the Roman Pontiff. This was the teaching of the Church on heresy prior to Pope Pius XII’s death, but Traditionalists have ignored it and disputed it. They cannot and will not accept it as God’s written will. And they continue to believe they are practicing Catholics while in reality they are not even members of the Church.

This means then that those of us accepting and participating in the Novus Ordo after the age of 14 were at least material heretics, like it or not. And we had no one to absolve us and no Holy Office to dispense us. We were unable to request the Sacraments from anyone because we were no longer members of the Church. Under Can. 682, yes, the laity has the right to receive from the clergy the spiritual goods and necessary means to salvation. HOWEVER, excommunicates cannot receive the Sacraments even if there were certainly valid priests not excommunicated for heresy and schism to administer them. And certainly valid priests would be obligated to refuse them the Sacraments when not “legitimately” requested (Can. 467). The entire Traditionalist movement was founded on an error, as explained in last week’s blog.  For pseudo-bishops, as Pope Pius IX characterized them, could never perpetuate Christ’s true Church on earth and the misinterpretation of Canon Law, dispensed from and ignored in order to accomplish their imposture, was null and void from the beginning.

Most importantly, what all this ultimately means for those following Traditionalist sect leaders is that under Canon Law they are obligated to observe the penalties for heresy and schism (Can. 2232) owing to the notoriety of their offenses. There is no substitute for the absolution from censures and infamy of law that must accompany the Profession of Faith, (Can. 2250, §1-3; 2294-2295). And all those who have not received such absolution cannot posit legal ecclesiastical acts according to Can. 2315, nor can laity receive the Sacraments, (Can. 2241), if there were valid Sacraments to receive. According to Revs. Woywod-Smith, “The Holy See insists that converts from heretical or schismatic sects be not received into the Church until they have first abjured the heresy or schism and been absolved from the censure,” (Instruction of the Sacred Congregation of the Propaganda, July 20, 1859). And under Canon Law, there is no one to validly absolve from these censures.

Also, whether it involves simulation of the Sacraments or the possibility of a valid Eucharistic consecration, inducing a man to say mass and communicate himself, as well as communicate others, is a mortal sin of sacrilege and cooperation in sin. Grave sin abounds in these sect affiliations. And there is no one to absolve from them.

 Conclusion

Those continuing after all these years to remain with Traditionalists despite information available to them explaining that they are living outside the Church in mortal sin will most likely never leave these groups. They simply cannot internalize the fact that they exist outside the Church’s divine structure, trapped in a web of hypotheses and theories — based almost entirely on the opinions of theologians — concerning Her constitution and continuation. And it is a web that has been intricately woven by Traditionalists leaders and their operatives wishing only to engage in constant turf wars to enhance their positions of power, retain their Internet presence and secure their financial future. This has all been pointed out before.

When he left this earth, Pope Pius XII bequeathed everything he had ever written to the faithful — his last will and testament. Vacantis Apostolicae Sedis was the first document before the eyes of the faithful, the cardinals and bishops included among them, following his death. Not only does it bind us as an infallible document but as a testimony to how this Pontiff and all his predecessors wished the Church to conduct itself during an interregnum. He was telling us how to preserve the Church, speaking with Christ’s voice. No one listened. The laws were not to be changed, corrected or dispensed from, especially his papal election law, and any changes or dispensations were made null and void. So the laws regarding the commission of heresy, (even material heresy) apostasy and schism (Canons 2200 and 2314), and the practices of the Church regarding those laws, were to remain in full force.

God has given man free will. It was the will of Traditionalists to have their mass and sacraments at any and all costs, regardless of God’s signified will expressed in His laws. Even when made aware that Traditionalist pseudo-clergy lacked jurisdiction in the 1980s, they failed to correct themselves because these Traditionalists convinced them they had jurisdiction through other channels. They did not check this out, in most cases; they did not read the encyclicals of Pope Pius XII and previous popes with a truly docile and submissive attitude, minus the interpolations of Traditionalists. Nor did they study the Catechism of the Council of Trent or the Vatican Council decrees or even their Baltimore Catechism, for that matter. And they failed the one test that any true Catholic should easily pass — there can be no claim to authority and no Catholic Church without a certainly legitimate pope.

Most Traditionalists would agree that we are suffering the passion of Christ’s Mystical Body on earth. Did they think this would be any less painful than Christ’s own Passion? Did they really believe that they would be required to suffer nothing? Do they not remember Christ’s agonized cry from the cross, “Eloi, Eloi, lamma sabacthani?” They should not be surprised then when even those who claim to love and serve God come in the guise of St. Peter ,who would soon betray Him, and urge them to escape their sufferings. When Peter cut off the ear of the high priest’s servant, did not Our Lord restore the ear and tell him to put his sword away, saying to him, “Shall I not drink the cup that the Father hast given Me?” And in Col. 1: 24: “Who now rejoice in my sufferings for you and fill up those things that are wanting of the sufferings of Christ, in my flesh, for His body, which is the Church.”

As Rev. Lehody wrote above: “… Rules are ordinarily the chief means at our disposal for the purification of our souls. Obedience detaches and purifies us continually by the thousand renunciations it imposes, and still more by its demand for the mortification of our judgment and self-will…” Our wills must be sublimated to the Divine, through His signified will and will of good pleasure. If it is not in perfect agreement with that will, if we are not refusing to cooperate in the sins of Traditionalists and the Novus Ordo by avoiding all their services; if we are not observing the censures imposed on us, renouncing our errors and doing penance for our sins, we are defying God’s will and will not save our souls. That almost no one would do penance for their sins in the end times, regardless of the many punishments God would send, is predicted in several places in the Apocalypse. Time is running out. “Go out from her, my people; that you be not partakers of her sins, and that you receive not of her plagues. For her sins have reached unto heaven, and the Lord hath remembered her iniquities” (Apoc. 18: 4-5).

Traditionalists were incapable of receiving valid consecration

by T. Stanfill Benns | Sep 29, 2022 | New Blog

+St. Michael the Archangel+

October Prayer Intention

“O Queen of the Holy Rosary, deliver us from the violence of heresy spread abroad, this intolerable moral corruption, and the attacks of our enemies.” (Pope Leo XIII has granted a plenary indulgence to those who recite the Rosary on the Feast of the Holy Rosary Oct. 7, or within its octave, and who prays for the intentions of the Holy Father.)

Introduction

Not long ago I had occasion to address CMRI pseudo-clergy regarding their claims to possess a sort of charter granted by Canon Law — permission to operate under the pretense they possess a legal fiction in law as a corporation inside the Church. But according to Canons 99-100 to which they were referring, in order to be considered a physical or moral person capable of possessing such a title under a legal fiction of law they would first need to prove (a) they were still members of the Catholic Church not excommunicated for heresy, apostasy or schism; (b) competent ecclesiastical authority had created them as some sort of collegiate or other body, an impossibility and (c) they were validly appointed.

In his A Manual of Canon Law. p. 130, Rev. Matthew Ramstein, (S.T.D, Mag., J.U.D, OFM, 1947) writes under the heading, Legal or Moral Persons: “To be such, a moral person in the Church must have obtained a charter of incorporation either in virtue of the law or by decree of the competent ecclesiastical superior…” Paragraph three reads: “Where the law itself does not confer corporate personality, this must be obtained from the competent ecclesiastical superior.” This we find in Can. 147: “An ecclesiastic office cannot be validly obtained 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.” Canon 686 reads: “No society is recognized in the Church unless it has been erected by competent ecclesiastical authority or …approved by it.” There is no Traditionalist who can produce any such charter as referred to above since Traditionalism has never even been considered for approval by the Holy See as a corporate personality. Nor are there any laws that they can construe as granting them such status.

 This is just one more pathetic attempt by Traditionalists to gain some sort of legal recognition for themselves, since they possess no jurisdiction and only questionably valid orders. They cannot claim to issue from competent ecclesiastical authority without the papal mandate, assignment to a diocese and papal permission to establish seminaries. Schismatics such as Thuc and Lefebvre lost all status as such legal persons under Canons 188 no. 4 and 2314 by their adherence to the Novus Ordo church, so are scarcely considered competent ecclesiastical authorities. Power comes with canonical appointment to an office, not from one’s status as a moral/legal person. Traditionalists continue to invoke epikeia to “supply” jurisdiction and boast that nothing can invalidate Orders once conferred if the prescribed matter and form are used (and the intention is present). They never fail to remind their opponents that even orders conferred by heretics and schismatics are valid if illicit. But epikeia has been irrefutably proven as unable to supply for jurisdiction (see https://www.betrayedcatholics.com/epikeia-negates-the-churchs-divine-constitution/).

And now Traditionalist claims to possess valid Orders is about to be disproven by the very canons they use to try and justify their existence.

The great undoing

In the same section of the Code as Canons 99-100, under the general heading Bk. II: Laws Concerning Persons, we find Canons 103-104, under Ramstein’s subheading: “General Principles Applicable to both Legal and Moral Persons: § 1 Force, fear, fraud and error as determinants of legal 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…” (Can. 104). Merriam-Webster defines conditio sine qua non as “an indispensable condition.” West’s Law Dictionary repeats the same definition giving the example of a father who leaves his keys in the car, his young son who starts the car and backs over a playmate, with the father’s carelessness being the condition sine qua non for injury to the playmate. Revs. Woywod-Smith comment on this canon:

“The rules concerning actions done through physical compulsion or violence, moral force or fear, deceit or error are all taken from longstanding rules of Canon Law and moral theology, and the commentaries of approved theologians and canonists may be consulted for a further study of these interferences with the free will and deliberation of human actions” (A Practical Commentary on the Code of Canon Law, 1957). During an interregnum, lack of a papal mandate constitutes a condition sine qua non in order for the valid consecration of a bishop to take place. This is clear from the pontifical for episcopal ordination itself which says the consecration cannot take place without the mandate. The mandate is an indispensable condition for proceeding to the consecration. Pope Pius XII teaches in his 1945 election constitution Vacantis Apostolicae Sedis (VAS) that:

• Even the Sacred College of Cardinals cannot exercise the jurisdiction enjoyed by the pope during his lifetime. Any attempts to usurp such jurisdiction (and issuance of the papal mandate for consecration of bishops is one of them) are declared invalid.
• All acts of jurisdiction must be left to the future pope.
• No corrections, changes or dispensations can be made regarding the rights, papal laws and canon laws of the Church. Any attempts to circumvent these rights and laws are null and void (invalid).
• Only the cardinals are able to resolve any doubts regarding VAS (preamble and para. 4)

(See https://www.betrayedcatholics.com/vacantis-apostolicae-sedis-vindicated/).

In his constitution, Pope Pius XII anticipated actors who would attempt to change the laws of the Church: ”Likewise we command that 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, nor attempt in any way to subtract directly or indirectly from the rights of the same on the pretext of a relaxation of attention or by the concealment of actions perpetrated against these same rights, even after the death of the Pontiff or in the period of the vacancy. On the contrary, We desire that the College ought to watch over and defend these rights during the contention of all influential forces.” Another translation of VAS reads: “Nor may the sacred College of Cardinals detract wheresoever from the laws of the same either directly or indirectly, through a species of connivance or through the simulation of crimes perpetrated against the same laws. After the death of the pontiff or in time of vacancy it will and ought to guard and defend against the same contentions of all men.” So it is clear that the pope and his predecessor, whose constitution says the same, believed they needed to do all in their power to protect Church law from those conniving against it.  No one can argue that given what we have today.

Canonists comment on error and conditio sine qua non

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 — pretending the Church could be perpetuated with questionably valid bishops alone minus the Roman Pontiff — definitely caused them to act as they did. There would have been no consecrations performed if VAS had been acknowledged as an infallible decree and simply followed. There would have been no justification for these consecrations if Traditionalists had not invoked epikeia, which in no way possible could ever substitute for Divine jurisdiction (please see link to epikeia article above).

The actions of bishops beginning with Lefebvre and Thuc, and those they “consecrated” without the papal mandate constituted fraud (dolus, in Can. 104). It was perpetrated on those wishing to remain Catholic after Vatican 2, who believed that Traditionalists were telling them the truth —that episcopal consecrations and subsequent ordinations of “priests” were certainly valid, and they possessed confessional jurisdiction in virtue of epikeia and Can. 2261 §2; (or as Anthony Cekada taught, directly from Our Lord Himself). All of these claims have been examined at length on this site and proven to be false. For decades these men have withheld the true teaching on Divine jurisdiction from their followers, hiding the fact that they lack any apostolicity and are not lawful ministers according to Church teaching. What they have done is to deceive their followers by presenting to them what is known in scholastic philosophy (logic) as a fallacy extra dictionem, under the heading ignorantio elenchi. A subordinate form of this fallacy is “…argumentum ad ignorantiam, or appeal to the ignorance of the hearers, tricking them by statements they are unable to [properly] test” (Logic, Joseph B. Walsh, S.J., 1940).

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 substantial if it affects the substance of an act; otherwise it is accidental. But a circumstance which does not of its nature affect the substance of a transaction (for example the age of a horse in a contract of sale) may, by the express stipulation of the parties, be made a condition sine qua non. In that case it is substantial not by nature, but by express agreement. Error is said to be the cause of the contract if but for the error the contract would not have been entered into otherwise. 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. The same is true if the error, though not substantial by nature, is made so by a condition sine qua non. Any other error leaves the act valid unless the law provides otherwise” (Canon Law, a Text and Commentary, 1946).

Traditionalists guilty on both counts

Canon 104 applies to two separate actions by Traditionalists. First, Traditionalists committed a substantial dogmatic error by shrugging off VAS as a mere “ecclesiastical law” which had either ceased to exist because it could no longer be implemented or a law to which epikeia could be applied. In reality, VAS was an infallible decree binding on all Catholics. It is clearly infallible given the language used in the constitution itself. It is also entered into the Acta Apostolica Sedis. Moreover, this constitution, like its forerunner, Pope St. Pius X’s (Vacante sede apostolica), is a codification of papal election law which dates back to the earliest centuries. While rewriting Pope St. Pius X’s previous constitution, Pope Pius XII was careful to substantially retain the original codification in his own constitution. VAS infallibly declares that any acts during an interregnum which violate papal law or attempt to correct, amend or dispense from these laws or canon law itself are null and void. (To read the first four paragraphs of this constitution go to https://www.betrayedcatholics.com/vacantis-apostolicae-sedis/). Epikeia is defined not only by modern theologians but by the ancients as a correction or emendation of the law (The History, Nature, and Use of Epikeia in Moral Theology, Father Lawrence Joseph Riley, 1948, The Catholic University of America Press, Inc.).

Traditionalists gravely erred in denying the Divine constitution of the Church, employing epikeia to correct or dispense from canon law without even pretending to present credible research to justify such an unprecedented exception to Church teaching and practice. They refused then and refuse now to even acknowledge the existence and binding nature of VAS, while daring to acknowledge Pope Pius XII as the last true pope. They flagrantly defy their obligation to address the fact that because they disobeyed an infallible decree whose existence, import and effects were never even publicly presented or discussed, VAS invalidated the “sacramental” acts issuing from this presumed permission. This does not only indicate that they erred, it proves that they deliberately acted as they did in order to be recognized as valid hierarchy and the continuation of Christ’s Church on earth. This deception, coupled with Can. 104 and VAS, nullifies everything they have done.

Secondly, in VAS Pope Pius XII infallibly forbids any usurpation of papal jurisdiction. The pope alone has the right to approve the appointment of bishops, the establishment of dioceses in which seminaries may be erected: these are all jurisdictional acts. According to Can. 215, “The Supreme Authority of the Church has the exclusive right to erect dioceses…” (Decisions entered into the AAS also reflect the restriction of erecting religious foundations to the Roman Pontiff.) Canon 331 states: “…The Holy See has the exclusive right to pass judgment on the suitability of any candidate for the episcopate.” Canon 1518 also tells us: “The Roman Pontiff is the supreme administrator of all ecclesiastical goods.” Woywod-Smith comment: “The legal person who holds title to church property and goods is not free to use and dispose of these goods at will… The Roman Pontiff is by his very office the supreme administrator.” (So what about all those fancy churches and residences?)

Canons 953 and 2370 demand the presentation of the papal mandate proving the priestly candidate has been approved by him and appointed to a diocese by the pope prior to consecration. This necessity of the mandate is reiterated in the pontifical for episcopal consecration itself; without it, the consecration cannot proceed. This constitutes a conditio sine qua non — an indispensable condition specifically confirmed by Canon Law and VAS — which declares that acts usurping papal jurisdiction are null and void if even attempted. Since VAS is the higher law governing all activity during an interregnum, and especially given its infallible nature, it clearly prevails over any other law. It lays down conditions which must be obeyed until a true pope is canonically elected.

We return to the example above for the existence of a conditio sine qua non. “But a circumstance which does not of its nature affect the substance of a[n] [trans]action… may, by [the] express stipulation [of the parties], be made a condition sine qua non. In that case it is substantial not by nature” (but by command of the Supreme Pontiff, whom all are bound to obey if they wish to be saved.) Here Bouscaren and Ellis used the example of parties agreeing to a contract, so the example is not exact. What this basically boils down to, however, is that the Church requires that the specified matter, form and intention be observed to guarantee validity in each of the seven sacraments. The reception of the papal mandate is not part of these three requisites necessary for validity. It is, though, an added indispensable condition, not able to be omitted during an interregnum, for the Sacrament of episcopal Orders to be validly conveyed.

Bouscaren and Ellis state: “…If but for the error,” the instance or act would not have occurred. “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. The same is true if the error, though not substantial by nature, is made so by a condition sine qua non.” The act of consecration was nullified in advance, not after the fact. It could not happen, therefore, the pope infallibly teaches, it did not happen without his permission. The person consecrating was forbidden to act and incapacitated from conveying orders without the mandate. He appeared to convey them, but his acts were empty gestures; the recipient received nothing. Even if there was a question of whether Canon 104 states that either error or what “amounts to a conditio sine qua non” must be present. In this case, in two different instances — both error and conditio sine qua non — were present. If there is any question about whether VAS amounts to such a condition, the law itself solves the problem: “…otherwise the action is valid, unless the law states the contrary…” (Canons 103-104).

Well VAS is the prevailing law in this case and it DOES state the contrary. And this is not the only problem Traditionalists have with their Orders, as the following article points out in great detail: https://www.betrayedcatholics.com/necessary-intention-in-traditionalist-orders-lacking-2/, There are also other conditions, which refer to some future event, (such as obedience to a true pope when elected or Sanborn’s alleged pledge to adhere to the material-formal position prior to his “consecration” by McKenna) which invalidate episcopal consecration, according to the opinion of several approved and respected theologians. All this, coupled with what is presented here, at the very least establishes serious positive doubt about these consecrations that no truly sincere Catholic could possibly ignore. And no one may receive Sacraments where there is a solid doubt regarding their validity without committing grave mortal sin.

“But not even a pope can invalidate Orders received!”

The theologian Suarez explains as follows: “In the first place, when a law establishes a substantial form for some act, then in no case can that act subsist without the form thus laid down. If that form be disregarded, then invalidity will result from the attempt to posit the action. For, as there can be no valid Sacrament without the form designated by Our Lord (nor in regard to it can there be any epikeia or dispensation by one other than by Christ Himself), the same must be said cum proportione of every act devoid of the SUBSTANTIAL FORM DESIGNATED FOR IT BY LAW. In the second place, every invalidating law either disqualifies entirely the person involved from positing the act in question or disqualifies him from making a contract except in accordance with the form designated by law. Now, this incapacity which has been effected by law cannot be removed by epikeia.(Ibid., Father Lawrence Joseph Riley, The History, Nature, and Use of Epikeia in Moral Theology).

In his Canon Law, Abp. Amleto Cicognani makes almost an identical statement under Can. 16 regarding both disqualification and the fact that incapacity cannot be removed by epikeia. He further comments that: “No ignorance of invalidating or disqualifying laws excuses from their observance; namely no ignorance of the aforementioned laws can make acts valid which they have rendered invalid nor can it make persons capable of acting whom they have declared incapacitated from acting. Nor can subjects be excused from the observance of these laws, for the matter is in no way dependent on the will of the agent but on the contrary depends entirely on the will of the legislator who issued such laws because the common good required it… Canon 2199 rules that the imputability of an offense depends on the evil will (dolus) of a delinquent, or on the extent to which his ignorance of the violated law or his omission of proper diligence was culpable…”

Fr. Riley adds to this quote in his conclusions: “Epikeia can never confer the capacity to act. Epikeia cannot bestow upon him the power which he does not now possess, nor can epikeia restore the power which the law has withdrawn.” VAS withdrew the power of bishops to consecrate without the papal mandate. Pope Pius XII did not nullify anyone’s Orders, as Traditionalists sneeringly allege against those questioning the validity of their pseudo-clergy: he withdrew the power of those attempting to confer them without the papal mandate during an interregnum, so that whatever they did had no effect. And this is assuming they ever validly received any Orders in the first place which only a true pope could determine! The ACT of episcopal consecration (or ordination) is not nullified — the ones attempting to convey Orders and those attempting to receive them are declared incapable of ACTING and receiving. This is a very important distinction. You can scarcely nullify something that could never take place to begin with. It is no different than declaring a marriage invalid before it ever occurs if either party is not of canonical age (Can. 1067); the persons attempting to marry are declared incapable of receiving the Sacrament of matrimony. This same principle is simply applied to episcopal orders in Pope Pius XII’s election law (VAS).

Conclusion

“A prohibitory law of its very nature admits the excuse of ignorance or moral incapacity and on this basis will frequently cease in its cogent force. Not so an invalidating law. Invalidation is not premised on an obligation but is derived from the will of the legislator who seeks to protect the common good of society and wishes to safeguard it more compellingly from fraud, injury and danger. The inviolable observance of invalidating laws is constantly urgent because their transgression presents a far graver danger to society itself” (Doubt in Canon Law, Rev. Roger Viau, S.T.L, J.C.L., 1954, pg. 69; Catholic University of America dissertation). And VAS is definitely an invalidating and prohibitory law, not to mention an infallible one. Above we see the reasons why such laws cannot be relaxed to accommodate the wishes of Traditionalists disingenuously claiming they act on behalf of the common good.  As proven in previous works, their violation of Canon Law and papal law work to the destruction, not the salvation, of the faithful.

Canon 21 reads, “Laws enacted for the purpose of guarding against a common danger bind, even though, in a particular case, there is no danger.” And as history amply proves, during the vacancy of the Holy See, there is definitely danger — danger of an attempted takeover of the Church, of lay interference in the election, of unworthy candidates elevated to the episcopate and the papacy, of the violation of papal law and Canon Law on which the Church’s foundation is laid — all these are deadly serious reasons for invalidating future acts that would lead to these things. And the teachings found in VAS are not just fears harbored by Pope St. Pius X and Pope Pius XII but are a reflection of precautions taken throughout the centuries by occupants of the Holy See. The hierarchy has been forbidden to exercise any sort of papal jurisdiction or attenuate Church law during an interregnum since the early Middle Ages. This is verified in a footnote to VAS.

SSPX “priests” eager to become bishops, who could never have been ordained because a true pontiff did not exist to appoint bishops to the dioceses in which these seminaries were erected, rushed in to “save the Church,” only to decimate it. Having usurped papal jurisdiction in establishing such seminaries without pontifical approval, Lefebvre and other “bishops” were automatically incapacitated from validly conferring orders on anyone. Canon 104 is set in stone because VAS says so, and VAS cannot be contradicted unless Traditionalists would like to deny the supreme jurisdiction of the Roman Pontiff over the Church. But these men are the real deal and are going to eventually hold a papal election? Either we believe in the Church Pope Pius XII left to us or we believe in nothing. Traditionalists must choose or pay the ultimate price.

Liberal “Catholicism” fuels papal election delusions, Pt. 3

by T. Stanfill Benns | Sep 22, 2022 | New Blog

+St. Thomas of Villanova+

It seems like another lifetime ago, but when my children were teens we lived in South Texas not very far from the banks of the Guadalupe River. One year following a spate of heavy rains the river overflowed its banks and threatened several towns lying nearby, ours being one of them. Where we lived at the time, the neighbors hosted country western barn-style dances, held under a large, covered carport-type structure. The evening the river was due to crest, one of these dances was attended by a good-sized crowd, as the rain beat down noisily on the tin roof. Everyone assured us the waters would not reach the area where we lived at the time. As I watched the twirling figures in the distance, it reminded me of a song from my youth — about a young man playing in a dance band on the Titanic. He asks a member of the audience to dance with him, even though the iceberg is looming just over his shoulder on the starboard bow.

Despite assurances from the neighbors, I was not taking any chances. As my husband and family looked on in amusement, I shifted all my books to the upper level of our bi-level residence, packed to-go bags for each family member and carefully watched the forecast. We went to bed that night serenaded by the tunes of the dance band, with the river due to crest in the early morning hours. When I opened my eyes the next morning, the first thing I noticed was the humid warmth of the room and the silent ceiling fan blades above our bed – the power was off. I whipped back the covers and ran to the window to see — water spread out over the entire landscape.

To get a better view I looked out the front door and breathed a sigh of relief. The trailers down the road had water up to their skirting but the flood waters had stopped just short of our steps. My prayers to Our Lady of Guadalupe had been answered and I murmured a heartfelt thank you to her. Our EMT-trained daughter was dressed and ready to go as a motorboat pulled up down the road to visit those needing flood assistance. Off she went with her to-go bag as I waved goodbye. A few South Texans died that day and many along the river lost their homes, for the second time in two years. As close as the waters came, it paid to be prepared. But the behavior of the folks drinking and making merry at the dance the night before never left me.

Eat, drink and be merry

Once again, I am watching as the ship begins to take on water and even those who should know better dance to the tunes of the band. Or is it the pied piper they are mesmerized by? I have to believe it is the latter. All this was choreographed long ago, by those engineers of doctrinal warfare plotting the destruction of the Catholic Church first, then the rest of mankind: as the Church goes, so goes the world. While everyone dismisses doom and gloomers, even some of those who were once skeptical about the precarious state of affairs globally and nationally are noticeably becoming uneasy, waiting anxiously for the next shoe to drop. How close everything is to the universal collapse is anyone’s guess, but I don’t think that those who rationally assess what is happening have any doubts that it could come at any time.

Those on the “Catholic” front who should be wearing sackcloth, adding ashes to their food and  preaching prayer and penance are instead merrily planning an illegal conclave. How far these plans will go and whether they will be realized or not is anyone’s guess. It puts one in mind of the Bible verse: “As in the days of Noe, so shall also the coming of the Son of man be.  For as in the days before the flood, they were eating and drinking, marrying and giving in marriage, even till that day in which Noe entered into the ark. And they knew not till the flood came, and took them all away; so also shall the coming of the Son of man be” (Genesis 6:1-7; Mark 13:32-37; Luke 12:35-48). And regarding the “reign” of the pseudo-clergy over the people, we hear this from Holy Scripture: “They have reigned, but not by me: they have been princes, and I knew not: of their silver, and their gold they have made idols to themselves, that they might perish… They shall offer victims, they shall sacrifice flesh, and shall eat it, and the Lord will not receive them” (Hosea 8: 4, 13).

Why is it that no one can see that there is nothing new under the sun here, that all this has happened before? Who has ever considered God’s will in any of these manmade Traditionalist movements? And especially now in these conclave plans to “resurrect” His Church by breaking the very laws He set down to keep it in existence?! For as the prophet Jeremiah warned: “Because you have sacrificed to idols, and have sinned against the Lord: and have not obeyed the voice of the Lord, and have not walked in his law, and in his commandments, and in his testimonies: therefore are these evils come upon you, as at this day” (Jer. 44: 23). Whether we participate in such evils or not, we will all pay for these sins. And by ignoring Pope Pius XII’s Vacantis Apostolicae Sedis this is exactly what they are doing. This also happened before the “election” of the “Kansas thrift-store pope” David Bawden in 1990. Like Traditionalists today, Bawden had everyone convinced that Pius XII’s election constitution was only “an ecclesiastical law;” that in this “emergency” he would not wish his law to bind, when this is precisely why it was written — to protect the Church from being hijacked.

A page from a false pope’s playbook

What is really amazing here is that in calling for this conclave, Traditionalists are following Bawden’s very own instructions, a man they have ridiculed for decades. In a website article posted a few years ago, Bawden (now deceased) wrote:

“Excommunicates and those under suspension may vote. However they are admonished to observe the effects of the censure in ALL of their other activities as required by Canon Law. It might be wise for them to refrain from voting, but they may if they wish and we may not forbid them… Anyone, who has committed heresy in public should publicly and in writing renounce it, and this should be required for admission to the election, as proof of desire to return to the Church. They must also observe the censure of excommunication. All electors must accept the sede vacante and the jurisdiction of the Pope elected in this election. Such acceptance should be in writing and made by a vow to accept the Pope so elected. (Anyone: who does not have this level of belief should attempt to obtain it or prove why this election should not be held.) After the election all of the electors will have to show their acceptance of this Pope as supreme head of the Church. Before the election begins this vow should be made publicly by all electors individually in the presence of the other electors.”

This is basically everything that Traditionalists are advocating. But at that time Bawden, knowing his own limitations, was making concessions the Church would never make.  He had already publicly admitted in 1982, eight years before his election, that he was a heretic for belonging to the SSPX. (This letter was not discovered until long after his “election.”) The excerpt above was his initial attempt to contact those with whom he corresponded and prepare the groundwork to convene an election. Traditionalists may deny they have ever admitted to committing heresy with its subsequent excommunication, deposition and legal infamy, but they have done so at least implicitly by invoking Can. 2261 §2 to claim supplied jurisdiction. Why would they need to invoke it if they were not excommunicated?  And what other excommunications could they possible be referring to?

Minimalism started the downhill slide

How did it come to this? In one word, minimalism — a term you have heard on this blog many different times; a fatal error Msgr. Joseph C. Fenton crusaded against in his articles for The American Ecclesiastical Review and Pope Pius XII later condemned in Humani generis. We have seen, in articles and comments posted here, how even some of those calling themselves pray-at-home Catholics reduce papal decisions to meaningless formulas that need not be obeyed, and that is minimalism. Msgr. Fenton defines minimalism as follows:

“Ultimately theological minimalism was a device employed by liberal Catholics to make the rejection of authoritative papal teaching on any point appear to be good Catholic practice. Sometimes it took the crass form of a claim that Catholics are obligated to accept and to hold only those things which had been defined by the explicit decrees of the ecumenical councils or of the Holy See. This attitude…was condemned by Pope Pius IX in his letter Tuas Libenter (DZ 1683). Another crass form of minimalism was the opposition to the Vatican Council definition of papal infallibility. The men who expressed that opposition sometimes claimed to hold the doctrine of papal infallibility as a theological opinion but they showed a furious hostility to the definition which proposed that doctrine as a dogma of divine and Catholic faith” (“The Components of Liberal Catholicism,” The American Ecclesiastical Review, July, 1958).

In other words, minimalism was an attack on papal authority. No matter what the popes taught, it could be undercut and explained away, and a good “emergency” was all that was needed for it to be utilized to its full extent. Already in the 1950s the Modernists were in complete control, if covertly, and Pope Pius XII knew this, predicting, “…after me, the deluge.” So where does this attack on papal authority, this watering down of papal and conciliar teaching, censures levied in Canon Law and the faithful observance of moral laws lead? A reader recently supplied the following, from an unidentified source, but it is so compelling that it needs to be included here. It explains where eventually minimalization leads, and how truly dangerous it is, which is why Pope Pius XII condemned it in the first place. And it perfectly illustrates the very tactics used by Traditionalists for decades.

“If you bring up the obligation ‘We have to accept Catholic dogma or become heretics,’ the liberal Catholic will answer,‘Yes, but the dogmas have to be interpreted broadly so that almost no one really falls into heresy.’ There is always a minimization, a restriction to avoid reaching the final consequences and not reach a more complete and richer understanding of Catholic truths. This attitude of soul evolves. That is, no liberal Catholic remains in the same position. It is like a leprosy that progresses and eventually consumes the whole person. If the person has a long life, at its end he will have lost or almost lost the Faith.

“Summarizing, these are the basic characteristics of the liberal Catholic:

• He takes a contradictory position, which accepts two radical and opposed mentalities.
• He is hypocritical because he says he wants to serve God when he wants to serve himself.
• Also, he lies to himself by veiling the concessions he makes.
• He is resentful, revengeful and deceitful.
• His error evolves towards apostasy.”

The front presented by Traditional groups is that they are religious conservatives, even ultra-conservatives; but while they may be ultra-conservative from a political standpoint ,but doctrinally they are actually liberal progressives, if held against the Catholic standard as it existed during the reign of Pope Pius XII. This is why their behavior so closely corresponds to what is described below.

Traditionalists paint themselves as liberal Catholics

Nothing better describes the contradictory position of some Traditionalists, at least, than the material-formal dichotomy, or the very idea that the Catholic Church could truly exist for an extended period minus bishops lacking jurisdiction. Nor can anything more certainly typify hypocrisy than the condemnation of someone who professes views to justify a claim, (Bawden), then the subsequent use of those very same views to support a papal election by the laity. Bawden’s concessions made to voters, clergy and religious alike are carefully veiled with precautions; this doesn’t lessen the fact they simply are not and cannot be condoned by the Church. And Traditionalists embrace these same concessions.  Deceit is more or less the hallmark of Traditionalism as will be explained in greater detail below. For they have managed to convince hundreds of thousands over the years that they possess certainly valid orders, can constitute Christ’s Church without a pope and can substitute epikeia, a shaky legal principle at best, for jurisdiction that proceeds only directly from God Himself, so is a matter of Divine law. When reprimanded or prodded, these “good Catholics” will immediately resort to hateful invective, even to calumny, defamation and any other manner of evil to defend themselves. One pseudo-cleric actually stooped to falsifying a translation of the Council of Trent!

Another good example of concessions made by Traditionalists is the fact that those participating in Trad discussion forums as well as social media sites, in order to be allowed to comment, must tolerate various positions allowed to be discussed among members as though they each possessed some grain of truth. These include such topics as the material-formal thesis, the Siri stupidity, conservative Novus Ordo practice passing as “semi-Traditionalism,” or even what is presented as the pray-at-home position (sufficiently subservient to those holding contrary positions to merit toleration). This is nothing less than a mortal sin against truth. It can be described only as doctrinal relativism — the condemned philosophical position that “all points of view are equally valid and that all truth is relative to the individual.”  This reduces to what these people truly are, practitioners of the likewise condemned errors of Traditionalism/Fideism, which denies that the faithful can arrive at certitude regarding Catholic truth. It also is a form of Indifferentism, which tolerates all beliefs as equally acceptable.

As for apostasy, the belief in a non-Christian religion, think on this for a moment. If Traditionalists truly believe Christ came to earth to die for our sins, open the gates of Heaven  and establish a Church intended by Him to last forever; if they truly believe that He appointed St. Peter and all his legitimate successors, canonically elected, to head that Church, and if they believe that Christ gave these successors of St. Peter His own power to bind and loose, then how could they possibly question the authority of a Vacantis Apostolicae Sedis, a Cum ex Apostolatus Offiicio, or any other document of the extraordinary OR ordinary magisterium?!  On questioning or disregarding these pronouncements, always prefaced with the pronoun “We,” to indicate the popes are speaking with Christ’s own authority, are they not questioning and denying Christ Himself, who promised to bind and loose? Isn’t this outright heresy and schism, and are not heresy and schism ranked alongside apostasy in Cum ex…and Can. 2314?

The journalist Louis Veuillot, in his 1866 work The Liberal illusion predicted what we are seeing today among these liberal Catholics parading as the true Church: “Which way would these liberal Catholics go, caught as they would be between the true Catholics anathematizing them and the true disbelievers demanding guarantees of the repudiation of Catholicism? … If such liberal Catholics …furnish the guarantees demanded by those in the opposing camp, they will cut themselves off from true Catholics; they will commend liberty for imposing silence on the enemies of liberty. They will lend a hand to persecuting the true Catholics and in so doing they will become apostates from the faith, while still remaining only half-hearted liberals.” One couldn’t find a better confirmation of what has been said above. Pope St. Pius X warned us in his encyclical Pascendi dominici gregis that the injury to the Church is more certain whenever the knowledge of Her is more intimate.

If nothing else but to dodge the growing objections to their inability to possess canonical mission jurisdiction, first raised by several authors in the 1980s and maintained by this author since that time, Traditionalists may very well feel the pressure to elect a pope, to provide at least some semblance of legitimacy. But their pride will not permit them to admit it is no longer possible because they themselves are questionably ordained and consecrated and are ineligible to vote. All those bishops who might once have been able to gather and elect have since passed away. Those claiming to be clerics today possess no jurisdiction of any kind, and epikeia cannot and does not supply it. Apostolicity no longer exists; the Divine grant of jurisdiction has been allowed to expire. Does this mean the Church Herself no longer exists? No, because Christ is still the head of His Mystical Body, there are still Catholics on earth who love Him and keep the faith, and He has promised to be with them until the consummation.

As explained in an earlier blog, Pope Pius XII commanded the faithful to fulfill the duties of the hierarchy in their absence. But ONLY in accordance with the rules of faith, morals and ecclesiastical discipline; nothing can be done contrary to the implicit or explicit will of the Church. Yet everything Traditionalists have done is contrary to that will. Faith has been so minimized by these men that it no longer resembles the true Catholic Faith. And this has been reflected in their morals — the Shuckardt affair, the Trento debacle, the St. Gertrude the Great scandal; also various scandals that have hounded the SSPX and cast a shadow over certain independent groups. How is this any different than the Novus Ordo or even Protestant sects? Why do the people following these pretenders drift aimlessly from sect to sect, settling doctrinally and morally for whatever they can get?

Coercive persuasion and the three D’s

According to Robert Jay Lifton (1961) in his definitive work on mind control, Farber, Harlow, and West (1957) described the Korean thought reform system used to brainwash prisoners of war as the “DDD syndrome”: debility, dependency, and dread. Anyone leaving the disaster that was created by Vatican 2 and the new mass suffered severe psychological debility. They were extremely traumatized and vulnerable, and those offering to provide what they wanted and felt that they needed knew this. Over time they had learned to become dependent on the clergy, for everything, and had no idea how to sort out what was happening to them. Attempts to curb this dependency by establishing Catholic Action groups prior to Vatican 2 met with only a modicum of success. Dependency on the clergy was pronounced and bled over even to those not certainly validly ordained or consecrated, after the death of validly ordained priests. These men were only too happy to persuade vulnerable Catholics that they had to preserve the Latin Mass and receive the Sacraments. This dread of being deprived of Mass and Sacraments — graces these men insisted were absolutely necessary to salvation — fueled their continued flight from group to group over the years, after scandals broke and infighting erupted.

Tell me that this does not describe a cult-like mentality. And the sad fact about such a mindset is that those suffering from it are unable to realize it and withdraw — why it is called the operation of error. They mistook the Church for a religious version of the nanny state and cannot disengage themselves from the Traditionalist teats. Now they are preparing to elect the ultimate cult leader, and yes that is all any “pope” they might elect will ever be. They cannot face the reality of our situation, that God has pronounced His judgement on a guilty people who refused to honor Him and His Vicar on earth, by depriving them of Mass and Sacraments, just as Holy Scripture predicts. These people are so irrational they would rather risk their very souls than admit that no certitude regarding the validity of their clerics can be had at all without a decision by a CANONICALLY ELECTED pope. The Catholic Encyclopedia, commenting on Pope Leo XIII’s Apostolica Curae, tells us that even a slight doubt regarding orders must be referred to the Holy Office for a determination and that this usually involves conditional ordination. Some sedevacantists even admit this regarding the Thuc consecrations.

The real crime here committed by Traditionalists and those who cooperate with them in any way is and always has been crass indifference to the enormity of the sins of sacrilege and idolatry, sins specifically and directly offensive to God. Those in good faith who pray at home do so to avoid these loathsome and grievous sins — it is as simple as that. They hearken to the words of Christ, who has taught, “If you love Me, keep My commandments,” and “Obedience is better than sacrifices.” Electing a Traditionalist grand poohbah and calling him pope will not unite Traditionalists nor render them obedient. It will only further entrench them in their errors and officially brand their pseudo-pope as yet another antichrist. And the mark of this antichrist will be the very liberal Catholicism they have so long condemned in their Novus Ordo brethren.

Papal election law forbids laity, censured clergy, to elect, Pt. 2

by T. Stanfill Benns | Sep 15, 2022 | New Blog

+Feast of Our Lady’s Seven Sorrows

O Mother most sorrowful, pray for us who have recourse to thee!

Last week’s blog mainly addressed the material formal issue. This week, as promised, the claim that those who left the Novus Ordo and became members of some Traditionalist sect of any kind did not become heretics or schismatics will be examined. But first a word needs to be said about the disinformation being spread regarding lay papal elections and the use of the Western Schism in way of analogy to the current situation.

Some have falsely stated that in one election, one lay person elected a pope. Wrong. A thorough overview of history on this topic tells us that yes, lay persons nominated the papal candidate and the laity helped in confirming the nomination. What it does not say is that first the cardinals and the clergy had to approve the candidate selected. Second, times were so tumultuous at this point in Church history that not to go along with the powers that be would have been to forego a papal election entirely. Historians agree that during this time, when the laity played a role in papal elections and when certain laymen and other unworthy candidates to the papacy were elected, was one of the darkest times for the Church. But the men elected then were not heretics and did not preach heresy from St. Peter’s Chair. Nor did the openly foment schism prior to their election. This was an exception to the general rule and cannot be pointed to as justification for a papal election today. For a general history of papal elections in the Church and the laity go to:

As far as the Western Schism goes, I have been pointing out for over a decade that it cannot be used as a true analogy to the situation as it has existed since Oct. 9, 1958, for several reasons. The Western Schism wasn’t even a true schism so-called, and historians agree on this. It was rather a confusion over who was validly elected pope and should be paid obedience. The best answer to how the situation should be viewed is given by St. Antoninus:

 “The question was much discussed and much was written in defense of one side or the other. For as long as the schism lasted each obedience had in its favor men who were very learned in Scripture and Canon Law, and even very pious people, including some who – what is much more – were illustrious by the gift of miracles. Nonetheless the question could never be settled without leaving the minds of many still in doubt. Doubtless we must believe that, just as there are not several Catholic Churches, but only one, so there is only one Vicar of Christ who is its pastor. But if it should occur that, by a schism, several popes are elected at the same time, it does not seem necessary for salvation to believe that this or that one in particular is the true pope, but just in general whichever of them was canonically elected. The people are not obliged to know who was canonically elected, just as they are not obliged to know Canon Law; in this matter they may follow the judgment of their superiors and prelates.”

And this is where a distinction needs to be made. The cardinals and bishops engaged in this schism were validly ordained and consecrated. Over a period of nearly 40 years, the jurisdiction of the hierarchy was not extinguished, because there was a true pope all along in the line of Urban VI. As the Catholic Encyclopedia explains, the true pope, Gregory XII, lifted all the censures any of the hierarchy might have incurred prior to the resolution of the schism and the election of Pope Martin V (see also https://www.betrayedcatholics.com/articles/a-catholics-course-of-study/canon-law/the-truth-about-the-western-schism-and-supplied-jurisidiction-the-truth-about-the-western-schism-and-supplied-jurisidiction/). None of the cardinals and bishops electing Martin V labored under these censures.  No questions existed concerning membership in forbidden societies, lack of proper intention, the mental state of the consecrator or the actual pontifical in use. We are sailing in uncharted waters today with no captain at the helm of the ship; the situation is entirely unprecedented. Nothing then prevented the valid election of a true pope to end the schism because there had been one all along; it was a continuous succession with existing hierarchy emanating from that succession. But this is not the case today. And the reason it is not the case is that there has not been and is not today any valid Pius XII bishop to lift the censures for heresy and schism precisely because the canonical mission necessary for legitimate succession no longer exists.

Traditional “clergy” all incurred censure for heresy and schism

Let us take a quote from Donald Sanborn on public defection from the Faith: “Defection from the faith must be legally known, which happens either by declaration or by notoriety. But the notoriety requires that not only the fact of the crime be publicly known, but also its imputability (Canon 2197). In the case, however, of defection from the Catholic Faith, either through heresy or through schism, it is necessary that the defection be pertinacious in order that it be imputable…. Defection from the Catholic Faith on the part of conciliar popes, although it be public with regard to fact, is not public with regard to imputability” (The Material Papacy https://www.sodalitiumpianum.com/the-material-papacy/). A summary of what Sanborn teaches in this piece is provided below, followed by my objections.

Sanborn: 1. Heretics who are born into non-Catholic sects, who err in good faith, are not members of the Church, I concede; heretics, however, who have been baptized in the Catholic Church, who err in good faith, are not members of the Church, I deny.

Objection: Dom Charles Augustine, in his A Commentary on Canon Law, Vol. 8, pg. 335 writes: “Charity does not require mental gymnastics in order to excuse what is manifest, [evident, obvious, not obscure]. However, the thesis here defended does not depend on identifying pertinacity as defined by the moralists, but as defined by canonists: conscious rejection of dogma on the part of a baptized person… Obstinacy may be assumed when a revealed truth has been proposed with sufficient clearness and force to convince a reasonable man.” (For a primer on what the CHURCH, not Sanborn, considers to be heresy, see the article at https://www.betrayedcatholics.com/1-22-15-material-heresy-and-membership-in-the-church-pt-ii-proofs/).

Sanborn: 2. Excommunication is either latæ sententiæ or declared. If it is the first, the argument does not hold, because censures against heresy require imputability, that is, notorious pertinacity.

 Objection: See Augustine above. Also, based on decisions issued by the Holy Office, Revs. Woywod-Smith wrote: “Nevertheless, in the external forum they are not free [from the penalties of Can. 2314] for, according to Can. 2200, when there is an external violation of Church law, malice is presumed in the external forum until its absence is proved. The Holy See insists that converts from heretical or schismatic sects be not received into the Church until they have first abjured the heresy or schism and been absolved from the censure, (Instruction of the Sacred Congregation of the Propaganda, July 20, 1859). Sanborn should have spent time in his article offering proofs from approved sources that he and the Roman usurpers should not be held guilty of heresy, schism and other grave crimes in order to overcome the presumption stated in Can. 2200. Given his inability to find any bishops in the 1990s willing to consecrate Traditionalists, it should be clear that there was no one left to abjure form heresy and receive him or anyone else back into the Church.

The censure for heresy is incurred, regardless of pertinacity or notoriety, unless and until it is taken before an ecclesiastical judge. The judge is the one who determines the nature and extent of the crime and whether it is imputable, pertinacious and notorious. The only difference here is that Can. 2232 does not require the delinquent to observe the censure publicly until an ecclesiastical hearing has been held, unless he is “conscious of his offense” or “the offense committed is notorious.” Woywod-Smith note under Can. 2233 that “penalties latae sententiae are automatically contracted by the offense.” And Can. 2232 states that “a penalty latae sententiae automatically (ipso facto) binds the offender in both the internal and external forum.”

Sanborn: 3. Those who have received Catholic baptism are legally members of the Church until they cease to be either through pertinacious and notorious heresy, pertinacious and notorious schism, or pertinacious and notorious apostasy/excommunication.

Objection: Here Sanborn is assuming that Traditionalists cannot be proven to be any of the above, owing to his false interpretation of pertinacity and imputability. However, a schismatic is defined by Rev. Szal and other theologians as: “One who, having received baptism and still retaining the name of Christian nevertheless refuses obedience to the Supreme Pontiff,” (while yet recognizing him as the head of the Church) “or refuses to communicate with those members of the Church subject to him.” In the strict sense, Szal noted, the following elements also are essential for schism to exist: “One must withdraw directly (expressly) or indirectly (by one’s actions) from obedience to the Roman Pontiff and separate oneself from ecclesiastical communion with the rest of the faithful; one’s withdrawal must be made with obstinacy and rebellion; in relation to those things by which the unity of the Church is constituted; yet despite this formal disobedience the schismatic must recognize the Roman Pontiff as the true pastor of the Church.”

It is hard to see here how this does not describe Traditionalist sect members, who have followed who they believe to be bishops for decades, indirectly denying the necessity of the papacy by their actions. This despite the fact that all Catholics know it is the papacy — not the Mass and Sacraments — which defines the Church. Despite decades of warnings from this author and others that these so-called bishops and priests cannot and do not continue Christ’s Church on earth without the pope, they have obstinately adhered to them — but this is not pertinacity?! They have refused to have anything to do with those who have separated from these pseudo-clerics, refused to dishonor the Sacraments and who have insisted on following only papal teaching. The Canon Law Digest notes several instances of those reduced to the lay state or declared vitandus who have established sects or intruded themselves into some ecclesiastical position without approval by the Holy See. Copies of this are available on request.

Sanborn: 4. The (Roman usurpers’) defection from the Catholic Faith is neither declared nor notorious as cited above and therefore there is neither tacit renunciation nor censure.

Objection: Whenever there is a doubt of law on any given matter, one consults the old law — in this case the footnote to Can. 2314 on heresy and schism. The old law for this Canon is Cum ex Apostolatus Officio, and as explained in our last blog it is most certainly still in effect as a footnote to the Code. This bull leaves no doubt that no declaration is needed and demands only that the heresy of the offender, be he bishop cardinal or pope, be CLEAR. If Paul 6’s heresy was not clear, why did nearly half the Church leave after Vatican 2? Why would they leave a Church they knew they must be members of to be saved if they believed it was still the Church?

Sanborn: 5. The right of electing is not jurisdiction. It is not a right of making law. It is not an office. It is merely a moral faculty of designating legally him who should receive supreme authority. Nothing therefore, is required for the possession and for the exercise of this right except that someone be legally designated by him who has the legal right to designate the electors of the pope.

Objection: The right to elect is a privilege that is granted with the offices assigned to Cardinals appointed by the pope and to certain other clerics and religious by their respective superiors. This right is lost through the commission of heresy, schism or apostasy, as Cum ex… explains. This bull is also the old law for Can. 167 n. 4, which declares the votes of heretics at an ecclesiastical election invalid. Indirectly, Paul IV’s bull Cum ex… and another bull regarding the election of those promoting themselves for election during the lifetime of a reigning pontiff are referred to in Pope Pius XII’s Vacantis Apostolicae Sedis, which bars cardinals from the election who have tacitly resigned their offices by lapsing from the faith. This is a reference to Can. 188 n. 4, whose parent law is Cum ex.

Sanborn: 6. it does not pertain to the faithful, but to competent authority to legally [publicly] accuse him who has been elected to the papacy of not intending the good of the Church… [But he admits this could be done privately]. The faithful have no right to condemn legally someone elected to the papacy, but only with a private judgment by comparing the changes of Vatican II with the previous magisterium and practice… The faithful cannot give their assent to formulas which are contradictory. Because, however, the “magisterium” of Vatican II contradicts the previous magisterium, the faithful cannot not accuse, by private judgment, him who promulgates this “magisterium,” in the same way that the faithful of Constantinople accused Nestorius” (a bishop who kept his See for three years after being accused of heresy by the faithful).

Objection: False, Mr. Sanborn. Canon Law gives us this right and you have no power or authority to dismiss it or to deprive us of it. “Any of the faithful may at all times denounce the offense of another for the purpose of demanding satisfaction… or to get damages for losses sustained through the criminal act of another [regarding crimes] 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,” (Can. 1935). Canon 2223 refers us to Can. 1935. Under this heading for Can. 2223, “Rules by Which the Judge or Superior Must Be Guided in the Imposition of Penalties,” we also find: “It is as a rule left to the discretion of a superior to declare a penalty latae sententiae; but he must issue thedeclaratory sentence if an interested party demands it or if the public welfare requires it.” Canon 1325 binds us also to defend the faith in such situations when our silence, subterfuge or manner of acting would indicate we are in agreement with the errors. So Sanborn also is advising the faithful to ignore their obligations and cooperate with heresy.

Pope Paul IV: “It shall be lawful for all and sundry who would have been subject to persons so promoted and elevated, had these not first strayed from the Faith or been heretics, or incurred or incited or committed schism…to depart with impunity at any time from obedience and allegiance to said promoted and elevated persons and to shun them as sorcerers, heathens, publicans, and heresiarchs…ALL may implore the aid of the secular arm against those so advanced and elevated,” (Cum ex Apostolatus Officio, 1559).

Pope Alexander VII: (proposition condemned and prohibited as at least scandalous): “Although it is evidently established by you that Peter is a heretic, you are not bound to denounce him if you cannot prove it,” (DZ 1105).

St. Thomas Aquinas: “If the faith were endangered, a subject ought to rebuke his prelate even publicly. Hence Paul, who was Peter’s subject, rebuked him in public, on account of the imminent danger of scandal concerning faith,” Summa Pt. II-II, Q. 33, Art. 4, Reply Obj. 2).

Throughout his article, Sanborn quotes nothing to support his argument on heresy, a topic he could have been and should have been familiar with. All this is explained in the following articles: https://www.betrayedcatholics.com/free-content/reference-links/4-heresy/what-constiutes-material-heresy-and-schism/ (please note especially the quotes from The Jurist); and on the topic of pertinacity https://www.betrayedcatholics.com/free-content/reference-links/4-heresy/pertinacity-and-heresy/ These articles refute, from pre-October 1958 sources, all that Sanborn says above. And yet he keeps saying it and reinforcing it. But there is a reason for that.

Nearly all of us at some time were (unwitting) members of the Novus Ordo church, a schismatic sect. Some of us left the minute the new mass was introduced, such as myself, at the age of 17; In 1967, at the age of 17, Donald Sanborn began a four-year stint in a Novus Ordo seminary, leaving there for the SSPX in 1971. He presumably was required to attend the NOM until he left. Marcel Lefebvre ordained Sanborn a priest in 1975. In 1983, Sanborn left the SSPX on doctrinal grounds to join the SSPV. He later left the SSPV when Clarence Kelly rejected the validity of bishops consecrated by Peter Martin Ngo dinh Thuc. He started his own group, the Roman Catholic Institute and later founded Most Holy Trinity Seminary, headquartered in Florida. In 2002, he was consecrated a bishop by “Bp.” Robert McKenna, who himself was consecrated by Thuc “bishop” Guerard des Lauriers. (It was des Lauriers who wrote the material-formal thesis.) So this man changed his non-Catholic sect affiliation four different times, and both he and Anthony Cekada, having [according to them, anyway] studied Canon Law, were well aware of the nature of heresy and schism in the censures. But of course they are going to do everything in their power to make it appear that even material “cardinals” are not guilty of heresy. So if not them, then who? Not Traditionalist pseudo-clergy apparently!

Sanborn, from what he states above, disassociates non-Catholics from heretics and schismatics. But this is not what Rev. Ignatius Szal notes in his work The Communication of Catholics with non-Catholics (1948): “The general norm governing the communication of Catholics with schismatics is enunciated in Canon 1258… This Canon does not expressly mention schismatics but uses the more general term non-Catholic, a term which includes all those who are not of the true faith, namely heretics, schismatics, infidels and apostates… Consequently, schismatics are comprehended in the present law in exactly the same way as communication with all other non-Catholics.” Rev. John Bancroft says basically the same thing in his Communication in Religious Worship with non-Catholics (1943). But he includes in his definition everyone outside the Church, whether validly baptized or not, since the most accepted canonical definition includes infidels (p. 2). So Sanborn’s definition, not being supported by any proofs, obviously is incorrect. And since he and his confreres are the survivors of more than one of these non-Catholic sects — without being able, as are the laity in most cases, to excuse themselves on the grounds of ignorance — they are at least schismatics.

Schismatics cannot vote in elections nor be elected

Because Traditionalists possess no juridical status in the Church, ordinary or otherwise, and also because they have incurred the censures for schism, heresy and the vindicative penalty of infamy of law, they cannot act as electors under Canons 167 and 188 n. 4, and the parent law for both these canons is Cum ex Apostolatus Officio. Both canons forbid those who have fallen away from the faith from voting, and if they do so their vote is invalid. Can. 188 n. 4 is explicitly mentioned in Pope Pius XII’s 1945 election constitution VAS. Of course material-formal proponents long ago trashed this constitution as only an “ecclesiastical law” but obviously they never read it. Because the pope anticipated maneuvers such as theirs and infallibly proclaimed that if they attempted to dispense from it, correct it or dismiss it, or correct or dispense from any canon laws during an interregnum, such acts would be null, void and invalid (see https://www.betrayedcatholics.com/vacantis-apostolicae-sedis-vindicated/). Sorry to burst your bubble, boys.

And yes, in an emergency situation even valid bishops and senior clerics not heretics or schismatics can elect, in the absence of the cardinals. After carefully studying the matter, they would need to adjust the law, according to the method provided in the canons, to account for present circumstances. In the whole, however, it could be followed with care, using one of the alternatives Pius XII provides. But sadly there are no electors known to exist who are not under censure for heresy or schism. In fact, in neither the Thuc or the Lefebvre camp can it be said there is any certainty regarding the transmission of Orders, and without the Roman Pontiff to supply there can be NO jurisdiction, so apostolicity — that divine guarantee of perpetual succession promised to the Apostles — does not exist in Traditionalists. All inclusion of the laity in any ecclesiastical election is forbidden under pain of invalidity of the election (see https://www.betrayedcatholics.com/vacantis-apostolicae-sedis/, para. 32). And Pope Pius XII decrees infallibly in VAS that any attempt to violate the provisions of his constitution are null and void. Pope St. Pius X was the one to first exclude all lay involvement in his previous election law, which is substantially restated in VAS.

In the preamble to VAS, Pope Pius XII reminds cardinals electing “…to apply themselves with watchful care and to devote their energies to useful rules in the weighty business DIVINELY ENTRUSTED TO THE CHURCH, to wit, electing the successor of Blessed Peter, Prince of the Apostles, who on this earth is the Vicar of our Lord and Savior Jesus Christ, and as supreme Pastor and Head feeds and rules all the Lord’s flock.” A papal election, then, is a matter of Divine law, the power of jurisdiction flowing, as Ludwig Cardinal Billot wrote “…directly from God through Christ, and from Christ to his Vicar, and from the Vicar of Christ it descends to the remaining prelates without the intervention of any other physical or moral person” (Ludwig Cardinal Billot, S.J., Tractatus De Ecclesia Christi (Rome: Aedes Universitatis Gregorianae, 1927), Vol. 1. p. 524). Papal elections can be conducted only by valid and licit hierarchy because they are an act involving the application of jurisdiction conveyed by Divine right.  Even a layman could be elected, but prior to his acceptance and ordination/ consecration he would need to be deemed “fit” by the proper examination, just as every other candidate for Orders. This Pope Pius XII teaches in his address to the Second World Congress for the Lay Apostolate, Oct. 5, 1957.

Was Six ans se sont entered into the Acta Apostolica Sedis? Yes it was, and we find proof of this in a most unlikely place. It is listed as footnote #3, Chapter IV — The Laity, in Paul 6’s “Lumen Gentium,” given November 21, 1964, (cfr. Pius XII, Allocution “ecoule’s, 5 Oct. 1957: AAS 49 [1957], p. 927. De “mandato” et missione canonica, cfr. Decretum De Apostolatu laicorum, cap. IV, n. 16, cum notis 12 et 15.) This inclusion in the AAS, according to Pius XII’s Humani generis, means it is binding on all the faithful.

Conclusion

In Six ans se sont, Pope Pius XII clearly laid down the roles of both laity and clergy. Earlier, he had already made clear distinctions in these roles in his authoritative interpretation of Can. 147 §2 (ecclesiastical offices cannot be “validly obtained without canonical appointment …which is the conferring of an ecclesiastical office by the competent ecclesiastical authority in harmony with the sacred canons.” This interpretation is also a document of the ordinary magisterium: see  AAS 42-601). Bouscaren and Ellis point out that this also applies to the papacy. In his Canon Law dissertation Canonical Elections, (CUA, 1939), Anscar John Parsons states in the opening paragraphs of Chapter I that:

“Canonical election is one of the methods employed by the Church for providing worthy incumbents for ecclesiastical offices. The Code sets forth the principle of public law that no office can be VALIDLY obtained in the Church unless it is duly granted by competent ecclesiastical authority” (and the footnote he lists to that paragraph is Canon 147). “This principle is a clear deduction from the teachings of fundamental theology. The Church is a perfect society hierarchically constituted and therefore its posts of jurisdiction and power cannot be seized by force nor obtained by usurpation. Even though a candidate for ecclesiastical office be elected by a group of voters presented by a noble family, or nominated by a king, these actions are devoid of affect unless they are followed by a formal act of the ecclesiastical authority.” This is why Can. 219 of the 1917 Code of Canon Law states that: “The Roman Pontiff legitimately elected obtains from the moment he accepts the election the full power of supreme jurisdiction by divine right.” Pope Paul IV’s Cum ex… also mentions the necessity of “canonical election,” and propositions in Denzinger denying the necessity of canonical election were enacted before the Code was introduced (DZ 650, 652, 674; condemnation of the errors of John Huss and Wycliffe)

The papacy is undeniably an office. And Traditionalists and all other non-Catholics, on numerous counts, are undeniably incapable of electing or being elected to that office according to the Sacred Canons. Pope Pius XII’s Vacantis Apostolicae Sedis infallibly forbids anyone to violate these canons; if any attempt is made to do this, it is null and void. So Traditionalists are dead in the water. If they wanted to claim any connection at all to the pontificate of Pope Pius XII and the Divine continuum Christ established on earth for His Church, they would have obeyed all the Canons and papal decrees and ceased functioning long ago. This was the only way to maintain that “ritual contact” with the Church necessary to remain Catholic. But they are non-Catholics, heretics and schismatics, like it or not. Any attempt to “elect a pope” will be just one more laughable faux pas automatically annulled by Pope Pius XII.

Only God is not laughing. And they would all do well to read the signs of the times — to prepare for the punishment that He will soon send us all for heaping even further attacks and insults on His cherished Bride, the Church.