Concerning an SSPX Dossier on Sedevacantism - Novus Ordo Watch

is entirely without jurisdiction both before <strong>an</strong>d after the act in question; he has jurisdiction,
supplied by the Church, only in the act itself. 9
Finally, it is alleged by da Silveira that, “it is commonly admitted that the schismatic eastern rite
bishops (they are also heretics) possess a jurisdiction which the Popes tacitly concede to them.” If
he refers to ordinary jurisdiction, then I deny that this is factual. It is not “commonly admitted” at
all. It is commonly denied, as far as I have read. What is somewhat commonly admitted, but by no
me<strong>an</strong>s universally, is that the priests of the Oriental schismatic sects may absolve validly by supplied
jurisdiction.
For example, speaking of the oriental schismatics, Mura says, “As a rule we must make exception for
the sacrament of pen<strong>an</strong>ce, which requires for its validity not only the power of order but also the
power of jurisdiction. Since jurisdiction resides only in legitimate pastors, it follows that schismatics
are habitually deprived of it <strong>an</strong>d c<strong>an</strong>not absolve validly except in d<strong>an</strong>ger of death, when the Church
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gr<strong>an</strong>ts jurisdiction to all priests.” This is the pure doctrine of St. Thomas <strong>an</strong>d indeed, the common
teaching of theologi<strong>an</strong>s, as far as I am aware.
But of course, this has nothing to do with habitual jurisdiction, with which we are exclusively
concerned.
Consequent upon each of these points, da Silveira’s conclusion is also denied, by which he argues
that heresy “does not eliminate ipso facto <strong>an</strong>d necessarily the jurisdiction itself. Just as a tree c<strong>an</strong>
conserve life even for some time after its roots are cut off, so also, in frequent cases, the jurisdiction
perdures even after the fall into heresy of him who possessed it.” This conclusion is directly contrary
to the doctrine of St. Thomas, <strong>an</strong>d of St. Robert, <strong>an</strong>d to the Code of C<strong>an</strong>on Law, <strong>an</strong>d as I hope has
been illustrated, it rests upon faulty arguments <strong>an</strong>yway.
10. Returning to Fr. Boulet, we see that next he addresses the question of papal jurisdiction <strong>an</strong>d
heresy.
9 Bouscaren & Ellis, C<strong>an</strong>on Law, A Text <strong>an</strong>d Commentary, 2nd Ed. Bruce, Milwaukee, 1953, p. 141.
Emphasis in the original.
10 The Nature of the Mystical Body, Ernest Mura, R.S.V., Herder, 1963 (tr<strong>an</strong>slated from the French, first
published in 1936), p. 275.
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