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QUESTION 11
Wasn't ARCHBISHOP LEFEBVRE excommunicated for consecrating bishops unlawfully?
JUNE 29, 1987

Archbishop Marcel Lefebvre, experiencing failing health, aware of his episcopal duty to pass on the Catholic Faith and seeing no other way of assuring the continued ordination of truly Catholic priests, decided to consecrate bishops and announced that, if necessary, he will do so even without the pope’s permission.

Operation Survival

Above:  "Operation Survival" on June 30th 1988.  From left to right:  Bishops de Galleretta, Tissier de Mallerais, de Castro Mayer, Archbishop Lefebvre, and Bishops Williamson and Fellay

   
After Holy Communion, the newly consecrated bishops are given their croziers and then enthroned at the Altar

The four new bishops after receiving their crosiers and being enthroned

JUNE 17, 1988

Cardinal Gantin, Prefect of the Congregation for Bishops, officially warned the Archbishop that, in virtue of canon 1382 (1983 Code of Canon Law), he and the bishops consecrated by him would be excommunicated for proceeding without pontifical mandate and thereby infringing the laws of sacred discipline.

JUNE 30, 1988

Archbishop Lefebvre, together with Bishop de Castro Mayer, consecrated four bishops.

JULY 1, 1988

Cardinal Gantin declared the threatened excommunication (according to canon 1382) to have been incurred. He also called the consecrations a schismatic act and declared the corresponding excommunication (canon 1364 §1), as well as threatening anyone supporting the consecrations with excommunication because of “schism".

JULY 2, 1988

In Ecclesia Dei Afflicta, the pope repeated Cardinal Gantin’s accusation of schismatic mentality and threatened generalized excommunications (cf. QUESTION 12).

Now, the excommunication warned of on June 17, for abuse of episcopal powers (canon 1382), was not incurred because:

Bishop Antonio De Castro Mayer explains why it is duty to carry out the consecrations with Archbishop Lefebvre

Bishop de Castro Mayer
 gives a brief sermon during
 which he declares that his
participation in the ceremonies
serves as a profession of Faith.

  1. A person who violates a law out of necessity* is not subject to a penalty (1983 Code of Canon Law, canon 1323, §4), even if there is no state of necessity1:

  • if one inculpably thought there was, he would not incur the penalty (canon 1323, 70),

  • and if one culpably thought there was, he would still incur no automatic penalties2 (canon 1324, §3; §1, 80).

FOOTNOTES FOR ITEM 1

* ("The state of necessity, as it is explained by jurists, is a state in which the necessary goods for natural or supernatural life are so threatened that one is morally compelled to break the law in order to save them."  (Is Tradition Excommunicated? p. 26 [APPENDIX II])

1 And yet objectively there is. (Cf. Is Tradition Excommunicated? pp.27-36 [APPENDIX II])

2 Excommunication for unlawful consecrations (canon 1382) or schism (canon 1364) are of this kind.

  1. No penalty is ever incurred without committing a subjective mortal sin (canons 1321 §1, 1323 70).  Now, Archbishop Lefebvre made it amply clear that he was bound in conscience to do what he could do to continue the Catholic priesthood and that he was obeying God in going ahead with the consecrations (Cf. the Sermon of June 30, 1988, and Archbishop Lefebvre and the Vatican, p. 136 [APPENDIX II]). Hence, even if he had been wrong, there would be no subjective sin.

  2. Most importantly, positive law is at the service of the natural and eternal law and ecclesiastical law is at that of the divine law (PRINCIPLE 8).  No “authority,” [PRINCIPLE 9] can force a bishop to compromise in his teaching of Catholic faith or administering of Catholic sacraments. No “law,” can force him to cooperate in the destruction of the Church. With Rome giving no guarantee of preserving Catholic Tradition, Archbishop Lefebvre had to do what he could with his God-given episcopal powers to guarantee its preservation. This was his duty as a bishop.

  3. The Church’s approving the SSPX (QUESTION 2) allow it what it needs for its own preservation. This includes the service of bishops who will guarantee to maintain Catholic tradition.

 MORE ARTICLES RELATED TO THIS TOPIC
THE 1988 CONSECRATIONS: A Theological Study;  Parts I - III
Taken from the July & September 1999 editions of SI SI NO NO

THE 1988 CONSECRATIONS:  A Canonical Study:  Parts I - III
Taken from the November 1999, January 2000, & March 2000 editions of SI SI NO NO

A CANONICAL STUDY
German canonist Fr. Rudolph Kaschewsky briefly explains in this July 1988 article how the 1988 Consecrations did not incur excommunication, nor were they a schismatic act

FR. SCHMIDBERGER'S CONFERENCE ON THE SSPX'S NEGOTIATIONS WITH ROME
Given on February 22, 2001 in Kansas City, MO

ROME, SSPX, CAMPOS, ASSISI, ETC.
A conference given by Bishop Fellay in Kansas City, MO on March 5, 2002

SSPX UPDATE
A two-part conference given by Bishop Fellay conference given on December 19, 2002 In Kansas City, MO.  The first part deals with the SSPX and Rome, while the second deals with the SSPX's overseas missionary work

ONE YEAR AFTER THE CONSECRATIONS
An interview made by Fideliter with Archbishop Lefebvre about the state of the SSPX, the Church and Catholic Tradition one year after the 1988 Consecrations

TWO YEARS AFTER THE CONSECRATIONS
A conference given by Archbishop Lefebvre on September 6, 1990 to his priests in Econe, Switzerland that brilliantly summarizes the reasons for the Society's position and the status of Catholic Tradition in light of the 1988 Consecrations

JUNE 1988 LETTER TO POPE JOHN PAUL II FROM THE SUPERIORS OF THE SSPX
Summarizes the causes of the failure of the 1987-88 discussions with Rome and that the papal mandate for consecrating a bishop was implicitly given

 
 

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