"Monday, November 03, 2008
IMPORTANT
From Spanish blog La Cigüeña de la Torre:
On the Holy Father's bureau stands a prepared decree which will lift that of excommunion, of 1988, which applied to the consecrating [Archbishop Marcel Lefebvre and Bishop Antonio de Castro Mayer] and consecrated bishops [Bishops Bernard Fellay, Bernard Tissier de Mallerais, Alfonso de Galarreta, and Richard Williamson]. I mean removing the decree, and not absolving of the excommunication.
The thesis of the subjective element, extenuating or mitigating of fault, and, therefore, of the penalty, according to Canons 1323, 4 and 7, and 1324, 1, 8, and 3, has prevailed.
The information sounds highly credible, it matches recent events (including the Rosary Crusade), and Spanish conservative Catholic lawyer Francisco José Fernández de la Cigoña usually only posts on future events (such as the nomination of Bishops) when he is truly certain of the matter. Nonetheless, even if the information is accurate, there is no way of knowing when the Holy Father will sign the document, or when it will be made public.
The referenced canons of the Code of Canon Law (CIC) are the following:
Can. 1323 The following are not subject to a penalty when they have violated a law or precept:
...
4/ a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls;
...
7/ a person who without negligence thought that one of the circumstances mentioned in nn. 4 or 5 was present.
Can. 1324 §1. The perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed:
...
8/ by a person who thought in culpable error that one of the circumstances mentioned in can. 1323, nn. 4 or 5 was present;
...
§3. In the circumstances mentioned in §1, the accused is not bound by a latae sententiae penalty"
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