Joseph Cardinal Ratzinger on the So-called SSPX "Hawaii Five"
His Excellency, the Most Reverend Joseph Anthony Ferrario, with aforesaid Decree, declared Mrs. Morley excommunicated on the grounds that she had committed the crime of schism and thus had incurred the "latae sententiae" penalty as provided for in Canon 1364 §1 of the Code of Canon Law.
This Congregation has examined carefully all the available documentation and has ascertained that the activities engaged in by the Petitioner, though blameworthy on various accounts, are not sufficient to constitute the crime of schism.
Since Mrs. Morley did not, in fact, commit the crime of schism and thus did not incur the "latae sententiae" penalty, it is clear that the Decree of the Bishop lacks the precondition on which is founded.
This Congregation, noting all of the above, is obliged to declare null and void the aforesaid Decree of the Ordinary of Honolulu.
Now, I'll just go and find the relevant information and post it - AGAIN.
Even in doing this I KNOW this tactic will be tried again, and again, and again, and again.....
September 4, 1995
Feast of Pope St. Pius X
Scott M. Windsor, Sr.
P.O. Box 11502
Prescott, Arizona 86304-1502
USA
Cardinal Joseph Ratzinger
Prefect, Congregation for the Doctrine of the Faith
Vatican City, Europe
Your Holiness,
My name is Scott Windsor, I live in Prescott, Arizona, USA, which is in the Roman Catholic Diocese of Phoenix under Bishop Thomas O'Brien. I am a convert and a "Traditionalist" Catholic. I truly appreciate the beauty and holiness of the Tridentine Mass. I am married and the father of five, and am extremely concerned for the well-being of all our souls.
In our diocese the Tridentine Mass is not licitly celebrated. Our only options for this Mass are:
1) through "independent" priests or
2) the Society of St. Pius X (SSPX).
Where I live, in Prescott, we only have the SSPX for the Traditional Latin Mass. As a side note, Bishop O'Brien has been petitioned several times to allow the "Indult Mass" here and has been approached by (at the request of some local Prescott parishioners) the Priestly Fraternity of St. Peter; all requests have been denied.
I have been well aware of the encyclical Ecclesia Dei , issued by the Holy Father on July 1, 1988 and the ramifications listed therein for those found in "formal adherence" to it. I have struggled with this for a long time, and then last Summer I was made aware of an incident in Hawaii wherein the Bishop of Honolulu (then Bp. Ferrario) had issued a "Canonical Warning" to a Ms. Morley. The particular charges that Bp. Ferrario named against Ms. Morley and the others, was that of schism and "ipso facto" excommunication (at which point he then referenced Ecclesia Dei).
In reading your response to Ms. Morley, you stated that there was "no formal schism, in the strict sense" plus the "charges lacked foundation and hence validity." You also indicated that the actions they were involved in were grave indeed, (assuming you meant the radio productions and the questioning of the soundness of Novus Ordo Missae, and other public embarrassments to the local church), for which you suggested alternative measures including interdict. My concerns for the attending and supporting the local SSPX mission seemed answered and I became more comfortable in my attendance and support there.
Lately, some of my friends on a computer bulletin board service (BBS) have challenged me, stating that I am a schismatic and need to reconcile myself to Holy Mother Church. I have listened to their arguments with earnest and thus have some renewed concerns that I know would be best answered by you.
My specific questions are:
Am I being schismatic in attending the Society of St. Pius X mission here in Prescott?
What does the Hawaiian Case mean to me in Prescott, Arizona, or any other person in a Society of St. Pius X chapel?
In all humbleness and sincerity, I am,
Faithfully yours,
Scott M. Windsor, Sr.
Rome's response follows
PONTIFICIA COMMISSIO ECCLESIA DEI
N. 117/95
Rome, 29 September 1995
Mr. Scott M. Windsor, Sr.
P. O. Box 11502
Prescott, Arizona 86304-1502
U.S.A.
Dear Mr. Windsor,
Thank you for your letter of 4 September 1995 addressed to His Eminence Cardinal Ratzinger. It has been transmitted to this Pontifical Commission as dealing with matters related to our particular competence.
We are aware of the lack of authorized celebrations of the Mass according to the 1962 Roman Missal in the Diocese of Phoenix and we can appreciate your desire to assist at the traditional Mass. We also recognize your earnest desire to remain in full communion with the Successor of Peter and the members of the Church subject to him, a desire which obviously prompted you to write this letter. In order to answer your questions we must explain the Church's present evaluation of the situation of the Society of St. Pius X.
There is no doubt about the validity of the ordination of the priests of the Society of St. Pius X. They are, however, suspended "a divinis" , that is prohibited by the Church from exercising their orders because of their illicit ordination.
The Masses they celebrate are also valid, but it is considered morally illicit for the faithful to participate in these Masses unless they are physically or morally impeded from participating in a Mass celebrated by a Catholic priest in good standing (cf. Code of Canon Law, canon 844.2 ). The fact of not being able to assist at the celebration of the so-called "Tridentine" Mass is not considered a sufficient motive for attending such Masses.
While it is true that the participation in the Mass and sacraments at the chapels of the Society of St. Pius X does not of itself constitute "formal adherence to the schism", such adherence can come about over a period of time as one slowly imbibes a mentality which separates itself from the magisterium of the Supreme Pontiff. Father Peter R. Scott, District Superior of the Society in the United States, has publicly stated that he deplores the "liberalism" of "those who refuse to condemn the New Mass as absolutely offensive to God, or the religious liberty and ecumenism of the postconcilliar church." With such an attitude the society of St. Pius X is effectively tending to establish its own canons of orthodoxy and hence to separate itself from the magisterium of the Supreme Pontiff. According to canon 751 such "refusal of submission to the Roman Pontiff or the communion of the members of the Church subject to him" constitute schism. Hence we cannot encourage your participation in the Masses, the sacraments or other services conducted under the aegis of the Society of St. Pius X.
The situation of at least one of the "independent" priests in the Diocese of Phoenix to whom you allude is somewhat different. He and the community which he serves have declared their desire to regularize their situation and have taken some initial steps to do so. Let us pray that this may soon be accomplished.
Finally, we may say that "the Hawaiian case" resulted in a judgment that the former Bishop of Honolulu did not have grounds to excommunicate the persons involved, but this judgment does not confer the Church's approbation upon the Society of St. Pius X or those who frequent their chapels.
With prayerful best wishes, I remain
Sincerely yours in Christ,
Msgr. Camille Perl
Secretary