THE LAW

The pertinent sections of Canon Law which are of importance to the patrons of the SSPX (indeed, to all Catholics) respecting the administration of the sacrament of matrimony are follows:

MATRIMONY

Canon 1111

Section 2 - To be valid the delegation of the faculty to assist at marriages must be given expressly to specified persons; if it is a question of a special delegation, it is to be granted for a specific marriage; however, if it is a question of a general delegation, it is to be granted in writing.

COMMENT: As Society priests have not approached the local bishops for this faculty they are not "specified persons" as referred to in this canon and they most assuredly do not have such a grant in writing from the local bishop. Being married before a Society priest is no different, for a Catholic, than being married by a Justice of the Peace, a Protestant minister, or a ship's captain. In other words, it is no marriage at all.

It should be noted that in these canons the law uses the word valid and not licit (lawful, permitted, properly). A priest administering sacraments without the proper authority may be doing something illegal but the sacraments confected would still have the desired effect for the faithful. The administration of the sacraments would have been illicit but not invalid -- except in the case of Penance and Matrimony. In the case of these two sacraments the law uses the word valid - not licit. Therefore, confessions and marriages are without effect as these canons have not been observed.

It would seem the reason these two have been excluded is because the mind of the Church most likely intended a penalty upon the laity for adherence to an errant cleric (or schismatic sect) acting beyond authority and, therefore, in opposition to the Church. It is clear from these canons that the laity are not free to adhere to priests lacking faculties.

With respect to the part of Canon 969, section 1, after the semicolon, it must be remembered that, ultimately, all authority for the dispensing of the sacraments resides with Rome. Therefore, no superior of the Society is able to grant lawful faculties as he (as with all Society priests) is not in communion with Rome and does not possess legitimate authority to grant faculties.