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Author Topic: Excommunicated: Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn ?  (Read 2259 times)

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Offline JeanBaptistedeCouetus

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  • “On Sunday night, May 20, when the Archbishop arrived back at the seminary at a late hour from Kansas, somewhat tired and travel-weary, no sooner had he stepped out of the car than he was served with a civil court summons in a suit to evict the Society from the seminary property here in Connecticut, a suit fled by Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn.
    Those standing by noticed and will not easily forget the look of pain on the face of the Archbishop, who it must be remembered was their Father in the priesthood. Now according to the old Code of Canon Law, anyone citing a Catholic bishop before a civil judge incurs automatic excommunication (canon 2341).Hence, according to the only Code of Canon Law which they themselves recognize, these five priests are excommunicated.”

    —Bishop Williamson, Letters from the Rector - Volume 1: The Ridgefield Letters, June 5, 1984.

    Offline Pax Vobis

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    Re: Excommunicated: Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn ?
    « Reply #1 on: November 18, 2025, 09:53:25 AM »
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  • So did the court case happen?  I assume the sspx won, since they still own the property.  


    Online Twice dyed

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    Re: Excommunicated: Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn ?
    « Reply #2 on: November 18, 2025, 10:30:10 AM »
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  • https://www.scribd.com/docuмent/286871076/Cekada-9-vs-Lefebvre

    On that web site you can read a long "summary" about the legal battle.  see screenshot for excerpt. 
    The measure of love is to love without measure.
                                     St. Augustine (354 - 430 AD)

    Offline Incredulous

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  • Now according to the old Code of Canon Law, anyone citing a Catholic bishop before a civil judge incurs automatic excommunication (canon 2341).Hence, according to the only Code of Canon Law which they themselves recognize, these five priests are excommunicated.”

    —Bishop Williamson, Letters from the Rector - Volume 1: The Ridgefield Letters, June 5, 1984.

    ABL's acceptance and promotion of Bugnini's & Montini's butchered Holy Week Liturgy.known as the1962 Missal would have made the Archbishop anathema according to St. Pope Pius V's Bull, Quo Primun.


    Of the priests mentioned in the lawsuit. I don't believe any made such a Liturgical compromise?

    Excerpt:

    "...No man whatsoever may have permission to infringe these provisions containing our permission, statute, ordinance, mandate, precept, concession, indult, declaration, will, decree and prohibition, or be so rash as to oppose them. But if anyone should presume to attempt this, he must know that he will incur the wrath of Almighty God and of his Blessed Apostles Peter and Paul."

    Given at Rome at St. Peters, in the year of the Incarnation of Our Lord 1570, on the day before the Ides of July, in the fifth year of our pontificate.

    Source: https://lms.org.uk/quo-primum
    "Some preachers will keep silence about the truth, and others will trample it underfoot and deny it. Sanctity of life will be held in derision even by those who outwardly profess it, for in those days Our Lord Jesus Christ will send them not a true Pastor but a destroyer."  St. Francis of Assisi

    Offline JeanBaptistedeCouetus

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  • ABL's acceptance and promotion of Bugnini's & Montini's butchered Holy Week Liturgy.known as the1962 Missal would have made the Archbishop anathema according to St. Pope Pius V's Bull, Quo Primun.


    Of the priests mentioned in the lawsuit. I don't believe any made such a Liturgical compromise?

    Excerpt:

    "...No man whatsoever may have permission to infringe these provisions containing our permission, statute, ordinance, mandate, precept, concession, indult, declaration, will, decree and prohibition, or be so rash as to oppose them. But if anyone should presume to attempt this, he must know that he will incur the wrath of Almighty God and of his Blessed Apostles Peter and Paul."

    Given at Rome at St. Peters, in the year of the Incarnation of Our Lord 1570, on the day before the Ides of July, in the fifth year of our pontificate.

    Source: https://lms.org.uk/quo-primum

    I am going to take his grace B. Williamsons side on this one.


    Offline trento

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  • ABL's acceptance and promotion of Bugnini's & Montini's butchered Holy Week Liturgy.known as the1962 Missal would have made the Archbishop anathema according to St. Pope Pius V's Bull, Quo Primun.


    Of the priests mentioned in the lawsuit. I don't believe any made such a Liturgical compromise?

    Excerpt:

    "...No man whatsoever may have permission to infringe these provisions containing our permission, statute, ordinance, mandate, precept, concession, indult, declaration, will, decree and prohibition, or be so rash as to oppose them. But if anyone should presume to attempt this, he must know that he will incur the wrath of Almighty God and of his Blessed Apostles Peter and Paul."

    Given at Rome at St. Peters, in the year of the Incarnation of Our Lord 1570, on the day before the Ides of July, in the fifth year of our pontificate.

    Source: https://lms.org.uk/quo-primum

    Oh so that would include Pius XII under the anathema too, according to your logic? Well, well, well...

    Offline Freind

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    “On Sunday night, May 20, when the Archbishop arrived back at the seminary at a late hour from Kansas, somewhat tired and travel-weary, no sooner had he stepped out of the car than he was served with a civil court summons in a suit to evict the Society from the seminary property here in Connecticut, a suit fled by Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn.
    Those standing by noticed and will not easily forget the look of pain on the face of the Archbishop, who it must be remembered was their Father in the priesthood. Now according to the old Code of Canon Law, anyone citing a Catholic bishop before a civil judge incurs automatic excommunication (canon 2341).Hence, according to the only Code of Canon Law which they themselves recognize, these five priests are excommunicated.”

    —Bishop Williamson, Letters from the Rector - Volume 1: The Ridgefield Letters, June 5, 1984.

    That appears to be a wrong canon number. I think you are referring to :

    Quote
    “Can. 120 Clerics, whether in sacred orders or not, who bring their ecclesiastical superiors before a lay tribunal for any reason, unless they have first obtained the written permission of their proper Ordinary, incur by that very fact an excommunication latae sententiae reserved to the Apostolic See.”

    That was abrogated by the 1983 code.

    Anyway, the code says, "their ecclesiastical superiors" which means those who have jurisdiction over them. The Archbishop was NOT their ecclesiastical superior.


    Offline Ladislaus

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    Yes, I think that their out would be that technically Archbishop Lefebvre was not their superior, since he lacked jurisdiction ... except that 2341 itself is broader and would seem to include any bishop.

    Quote
    2341  Si quis contra praescriptum can. 120 ausus fuerit ad iudicem laicuм trahere aliquem ex S. R. E. Cardinalibus vel Legatis Sedis Apostolicae, vel Officialibus maioribus Romanae Curiae ob negotia ad eorum munus pertinentia, vel Ordinarium proprium, contrahit ipso facto excommunicationem Sedi Apostolicae speciali modo reservatam; si alium Episcopum etiam mere titularem, vel Abbatem aut Praelatum nullius, vel aliquem ex supremis religionum iuris pontificii Superioribus, excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam; demum si, non obtenta ab Ordinario loci licentia, aliam personam privilegio fori fruentem, clericus quidem incurrit ipso facto in suspensionem ab officio reservatam Ordinario, laicus autem congruis poenis pro gravitate culpae a proprio Ordinario puniatur.

    I would have to agree with Bishop Williamson's assessment.

    So, in the first part, it says that if you bring a Cardinal, Legate of the Holy See, an Official of the Roman Curia, or your own Ordinary, you incur ipso facto excommunication reserved to the Holy See "in a special mode".  But, then it goes on that if you bring another bishop (abbot, etc.), "even merely a titular [bishop]" before such a judge, you incur excommunication reserved to the Holy See in a "simple form".  Now, I can't tell you the difference between excommunication reserved to the Holy See "speciali modo" vs. "simpliciter", but both are excommunication reserved to the Holy See somehow.

    Nor does this one here required that the individual dragging them into (the force of "trahere") a lay court would have to be a cleric, as per that other version.


    Offline Ladislaus

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    While I agree with the Nine's actual positions, I do wish that they had done the honorable thing and simply walked away.  I think that in quite a few cases, it was the other way around, where the Nine had accuмulated quite a few of the properties in their own names rather than in that of the Archbishop or the SSPX, and that the SSPX had to sue them to get (some of them) back ... and that was actually more consistent with US law, where, for instance, the Pope Pius XII in Rome did not own the properties of the Diocese of Chicago (except of course that he did morally and theologically).

    I can understand their reasoning to a point, where the faithful in the US had provided the money for those properties, and they felt that the faithful had a right to not be receiving Sacraments from doubtful priests, but I think that if they had taken the more dignified road, they could have hit the "reset" button much more quickly, since, even though, they ended up not having to start from scratch, they did lose a lot of support from the faithful due to the manner in which they conducted themselves, which hurt them more in the long term, and Father Cekada had to have been the worst, where he spoke in very derogatory ways to and about the Archbishop during the court proceedings ... may God have mercy on his soul.

    I know that I personally would never have dared to bring the Archbishop to court and incur that type of excommunication, and would not have somehow believed I could "epikeia" my way out of that.  I would have split from the others, and told Archbishop Lefebvre something along the lines of, "I thank you so much, Your Grace, for everything you have done for me, for my Holy Orders, and for what you are doing for the Church and Tradition, but I am required to follow my own conscience in this matter, and perhaps if you change your mind about this some day [which he actually did later ... recalling that the split was NOT about sedevacantism, as some of The Nine had not originally even been SV], you might accept me back.  Until then I believe that God calls me elsewhere."

    Offline Ladislaus

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    I am going to take his grace B. Williamsons side on this one.

    Well, that's an inadequate response to his point.  I don't agree with his point, but this type of "ipse dixit" does not suffice for a refutation.  Essentially he's saying that Archbishop Lefebvre put himself outside the Church by those compromises that inspired the Nine to break from him, and therefore he would not have been a Catholic bishop, and the Nine would not have incurred excommunication.

    I disagree with him in that I do not believe that any kind of material error due to the confusion caused by the Crisis would have rendered anyone outside the Church or "anathema", and I do believe that the Archbishop would still have been a bishop in good standing in the actual Catholic Church.  Now +Lefebvre had resigned as the Bishop of Tulle, the Superior General of the Holy Ghost Fathers, and some Titular Archbishop in Phrygia somewhere ... but I do sense that the Canon means that any bishop in good standing, whether or not they're an Ordinary or have Ordinary Jurisdiction at the time.  You would not be permitted to sue a Bishop Emeritus just because he had retired or an Auxuliary Bishop of a Diocese either.

    Online Gunter

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    “On Sunday night, May 20, when the Archbishop arrived back at the seminary at a late hour from Kansas, somewhat tired and travel-weary, no sooner had he stepped out of the car than he was served with a civil court summons in a suit to evict the Society from the seminary property here in Connecticut, a suit fled by Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn.
    Those standing by noticed and will not easily forget the look of pain on the face of the Archbishop, who it must be remembered was their Father in the priesthood. Now according to the old Code of Canon Law, anyone citing a Catholic bishop before a civil judge incurs automatic excommunication (canon 2341).Hence, according to the only Code of Canon Law which they themselves recognize, these five priests are excommunicated.”

    —Bishop Williamson, Letters from the Rector - Volume 1: The Ridgefield Letters, June 5, 1984.
    The only legal recourse would have been the JPII modernist courts using the op logic.  Quoting the 1983 code really shows where your coming from. Completely opposite world views.  


    Offline Freind

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    Yes, I think that their out would be that technically Archbishop Lefebvre was not their superior, since he lacked jurisdiction ... except that 2341 itself is broader and would seem to include any bishop.

    I would have to agree with Bishop Williamson's assessment.

    So, in the first part, it says that if you bring a Cardinal, Legate of the Holy See, an Official of the Roman Curia, or your own Ordinary, you incur ipso facto excommunication reserved to the Holy See "in a special mode".  But, then it goes on that if you bring another bishop (abbot, etc.), "even merely a titular [bishop]" before such a judge, you incur excommunication reserved to the Holy See in a "simple form".  Now, I can't tell you the difference between excommunication reserved to the Holy See "speciali modo" vs. "simpliciter", but both are excommunication reserved to the Holy See somehow.

    Nor does this one here required that the individual dragging them into (the force of "trahere") a lay court would have to be a cleric, as per that other version.

    Property matters are not included. It seems the canon specifically talks about office and religious matters being put before a civil court.

    Offline Incredulous

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    I am going to take his grace B. Williamsons side on this one.

    Bishop Williamson chose wisely in deciding to major in music rather than Canon Law.

    I've often pondered what the Bishop's boyhood dinner table conversations were like when his Dad came home from a long day working at the Zionist Brit retailer. Marks Spencer.


    :laugh1:
    "Some preachers will keep silence about the truth, and others will trample it underfoot and deny it. Sanctity of life will be held in derision even by those who outwardly profess it, for in those days Our Lord Jesus Christ will send them not a true Pastor but a destroyer."  St. Francis of Assisi