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Author Topic: Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction  (Read 1456 times)

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Offline vidi

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+Fellay said in an interview with Angelus Magazine :(http://rorate-caeli.blogspot.com/2013/06/for-record-sspx-superior-general-bp.html)

Quote
But we must distinguish two kinds of jurisdiction. There is a normal, ordinary jurisdiction of a Superior General over his members and there is ordinary episcopal jurisdiction. As bishops, we have no ordinary jurisdiction right now, but as Superior General, I do have the other kind. They are not the same.


I am confused. Anyone can tell me what is the difference between "normal and ordinary jurisdiction of a SG" and "ordinary episcopal jurisdiction"?


Offline Matto

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Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
« Reply #1 on: June 17, 2013, 04:27:00 PM »
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  • I thought that as superior general, Bishop Fellay has no jurisdiction except the supplied jurisdiction necessary to give out the sacraments.
    R.I.P.
    Please pray for the repose of my soul.


    Offline Neil Obstat

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #2 on: June 17, 2013, 09:26:15 PM »
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  • .


    It seems to me that +F really covets the prospect of having ordinary
    jurisdiction.  He came into the position of SG without having had any
    experience whatsoever as a leader of any group.  He was not a pastor
    who cared for souls, nor a missionary converting pagans or protestants,
    nor an evangelist nor a regular confessor, nor prior in charge of other
    priests.  He was not qualified for the job of SG.  All he had done was
    bursar for ABL and the SSPX, and then was consecrated bishop, when
    he gave confirmations, sermons and ordinations.  He was never even
    head of a seminary like +W was for many years.  

    Now, after 19 years playing with the power levers of the Society, he
    has come to the point where he WANTS MORE POWER.  This is not
    enough.  It's been fun, but it's not enough.  He wants more.  

    So, seeing the opportunity to have ordinary jurisdiction (or so he
    thinks!) by having the Society normalized, he basically puts his own
    self-interests in front of the good of the Faithful and the priests of the
    Society by pursuing normalization at all costs.  Then he lies about it.

    So when +F says "normal and ordinary jurisdiction of an SG" don't
    believe him.  It's probably a half-truth at best.  The SG has authority
    over the Society priests because they GAVE it to him by way of making
    a promise, and perhaps by signing a contract.  But he has no ordinary
    jurisdiction over anyone or any thing.  And he has absolutely no
    jurisdiction over the Faithful, since they have not promised him anything,
    but he does have ownership of their chapel because he stole that,
    basically, very deliberately and methodically, for 19 years.  

    He has no jurisdiction over the Faithful but he does (as any priest does)
    have supplied jurisdiction for giving necessary sacraments.  Even so, he
    seems to enjoy making threats that he can take away the supplied
    jurisdiction of other priests who do not do things the way he wants them
    to.  This is borderline pathologically unwell.  




    .--. .-.-.- ... .-.-.- ..-. --- .-. - .... . -.- .. -. --. -.. --- -- --..-- - .... . .--. --- .-- . .-. .- -. -.. -....- -....- .--- ..- ... - -.- .. -.. -.. .. -. --. .-.-.

    Online Mithrandylan

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #3 on: June 17, 2013, 09:37:55 PM »
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  • He's not really saying anything.  I'm not even really sure that 'jurisdiction' is the word to use.  He's simply saying that he enjoys whatever power comes from being the Superior General of a religious fraternity.  That's not jurisdiction in the sense of having sacramental faculties, and the power to bind and loose, which is ordinary episcopal jurisdiction.  He's talking about jurisdiction in the sense of Bob of Bob's Liquor Store having jurisdiction over Mike at the counter.  A purely natural, hierarchical 'jurisdiction' over the other members in the order, by which he has a right to give orders to*.

    IMO, it is irresponsible to speak of these two 'kinds' of jurisdiction.  The language of the Church really only means jurisdiction in one sense, and it is the sense which none of our traditional clergy enjoy (ordinary jurisdiction, with the power to bind and loose).  The given excerpt seems to conflate these two concepts of 'jurisdiction', or imply that they are somehow related or similar, when they are not at all.  



    *Orders, as in demands, directions, instructions, etc.  And of course, any order that compels a subordinate to act in a manner unbecoming of or dangerous to the Catholic faith should be resisted.
    "Be kind; do not seek the malicious satisfaction of having discovered an additional enemy to the Church... And, above all, be scrupulously truthful. To all, friends and foes alike, give that serious attention which does not misrepresent any opinion, does not distort any statement, does not mutilate any quotation. We need not fear to serve the cause of Christ less efficiently by putting on His spirit". (Vermeersch, 1913).

    Offline Machabees

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #4 on: June 17, 2013, 09:53:55 PM »
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  • Quote from: vidi
    +Fellay said in an interview with Angelus Magazine :(http://rorate-caeli.blogspot.com/2013/06/for-record-sspx-superior-general-bp.html)

    Quote
    But we must distinguish two kinds of jurisdiction. There is a normal, ordinary jurisdiction of a Superior General over his members and there is ordinary episcopal jurisdiction. As bishops, we have no ordinary jurisdiction right now, but as Superior General, I do have the other kind. They are not the same.


    I am confused. Anyone can tell me what is the difference between "normal and ordinary jurisdiction of a SG" and "ordinary episcopal jurisdiction"?


    The use of the term "jurisdiction" has had its run around over the years.  However, legalistically that above quote of Bishop Fellay is correct to say it that way.

    It is easy to understand that all 4-Bishops do not have "ordinary episcopal jurisdiction".  ABL made sure that was understood.  It is the use of that word when Bishop Fellay is using it towards the role and function of the Superior General's office.  It is no different to use the same word, legally, when applied also to the religious office of a District Superior, and in the secular office of a Father of a Family, or a CEO of a company, etc

    They all have "jurisdiction" that crosses over the many different heads and layers of "departments" to fulfill the common good of the whole.


    Offline Zeitun

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #5 on: June 17, 2013, 10:12:02 PM »
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  • Quote from: Machabees
    They all have "jurisdiction" that crosses over the many different heads and layers of "departments" to fulfill the common good of the whole.


    Yet it doesn't extend outside the organization?

    Offline Machabees

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #6 on: June 17, 2013, 10:58:08 PM »
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  • Quote from: Zeitun
    Quote from: Machabees
    They all have "jurisdiction" that crosses over the many different heads and layers of "departments" to fulfill the common good of the whole.


    Yet it doesn't extend outside the organization?


    Correct.

    Offline Zeitun

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #7 on: June 17, 2013, 11:14:25 PM »
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  • So who is Bishop Fellay's direct superior?


    Offline donkath

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #8 on: June 17, 2013, 11:18:56 PM »
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  • Bishop Tissier de Mallerais:

    "Archbishop Lefebvre told us: "You are bishops for the Church, for the Society; you will give the sacrament of Confirmation and confer Holy Orders; you will preach the faith." That is all. He did not say, "I confer these powers to you"; he simply indicated to us what our role would be. The jurisdiction that he did not give us-which he could not give us-and which the pope refused to give us, has been supplied by the Church, who gives it to us because of the state of necessity of the faithful. It is a suppletory jurisdiction, of the same nature as that which is accorded to priests by Canon Law in other cases of necessity. An example would be the jurisdiction to administer the sacrament of confession validly in the case of common error or positive and probable doubt, of right or of fact, about the jurisdiction of a priest (canon 209). In such a case, the Church has the habit of supplying the jurisdiction that might be lacking to the  minister: "Ecclesia supplet."

    http://www.the-pope.com/Tissier.html

    In "A handbook explaining the positions of the SSPX on the Pope, the New Mass, and the new (1983) Code of Canon Law."  Question 9 (para 3) states:

    "Jurisdiction is ordinarily given by mandate from the Pope or diocesan Bishop, or perhaps delegated by the parish priest.   The Priests of the Society of Saint Pius X do not have jurisdiction in this way (Ordinary*).
    Extraordinarily, however, the Church supplies jurisdiction without passing by the constituted authorities.  This is foreseen in the 1983 Code of Canon Law...."
    "In His wisdom," says St. Gregory, "almighty God preferred rather to bring good out of evil than never allow evil to occur."

    Offline donkath

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #9 on: June 17, 2013, 11:28:20 PM »
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  • Quote from: Zeitun
    So who is Bishop Fellay's direct superior?


    If his claim relates to the Church's interpretation of Ordinary jurisdiction (not the legalistic as explained earlier) then he has exposed himself as having come directly under the Pope for his Superior in order to receive Ordinary jurisdiction.  

    Otherwise, it looks as if he has no superior (???)
    "In His wisdom," says St. Gregory, "almighty God preferred rather to bring good out of evil than never allow evil to occur."

    Offline Against the Heresies

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #10 on: June 18, 2013, 12:28:37 AM »
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  • Quote from: vidi
    +Fellay said in an interview with Angelus Magazine :(http://rorate-caeli.blogspot.com/2013/06/for-record-sspx-superior-general-bp.html)

    Quote
    But we must distinguish two kinds of jurisdiction. There is a normal, ordinary jurisdiction of a Superior General over his members and there is ordinary episcopal jurisdiction. As bishops, we have no ordinary jurisdiction right now, but as Superior General, I do have the other kind. They are not the same.


    I am confused. Anyone can tell me what is the difference between "normal and ordinary jurisdiction of a SG" and "ordinary episcopal jurisdiction"?


    Mgr. Fellay just tries to get the "disobedience" under control, by claiming that he has some kind of ordinary jurisdiction over the members of the SSPX. So "rebels" are revolting against the Church (and it's legitime authority, Mgr. Fellay) and reveal therefore their uncatholic attitude.

    That's of course nonsense! (And he knows that. Proof below.)

    The only jurisdiction the Superior General of the SSPX has is called: "potestas dominativa".

    Quote from: Can. 501 §1 CIC/1917
    Superiores et Capitula, ad normam constitutionum et iuris communis, potestatem habent dominativam in subditos; in religione autem clericali exempta, habent iurisdictionem ecclesiasticam tam pro foro interno, quam pro externo.



    Proof: The SSPX has always emphasized that their priests have no ordinary jurisdiction e.g. in administering the sacrament of penance. (They gain the necessary jurisdiction case by case as extraordinary jurisdiction.)
    If the Superior General has ordinary jurisdiction, than he could conferre his priests the necessary jurisdiction for administering the sacraments...

    Maybe Mgr. Fellay shoud study some canon law befor he ist talking about his power. The result will be that infact his power is "a very limited one"! (This phrase is from Mgr. Fellay's CNS interview about the councils teaching on religious liberty).


    Offline Stubborn

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    Ordinary jurisdiction of a Superior General vs. Ordinary jurisdiction
    « Reply #11 on: June 18, 2013, 06:10:29 AM »
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  • Written in 1992, he goes into more detail than this of course, but what Fr. Wathen states below makes a certain amount of sense imo.

    "The Society of St. Pius X began as, and has remained, a "pious union" of priests. There is no canonical jurisdiction within it. The priests of the Society obey their "superiors" by what may be described as a "gentlemen's agreement." In the eyes of the law, they are just so many independent priests working together. They have authority over their own property, of course, but no pastoral authority over the people, who owe them the gratitude and cooperation of guests. In all respects, the law sees the priests of the Society as being without canonical status."

    "But Peter and the apostles answering, said: We ought to obey God, rather than men." - Acts 5:29

    The Highest Principle in the Church: "We are first of all under obedience to God, and only then under obedience to man" - Fr. Hesse