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THE LEGAL STATUS OF THE TRADITIONAL MASS

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THE LEGAL STATUS OF THE TRADITIONAL LATIN MASS

by Fr. Paul Leonard, B.Ph., S.T.B., M.Div.

On July 11, 1988, Pope John Paul, speaking of those

Catholics who feel attached to the traditional Latin Mass stated

in his Motu Proprio: ”…I wish to manifest my will to

facilitate their ecclesial communion by means of the necessary

measures to GUARANTEE RESPECT FOR THEIR RIGHTFUL ASPIRATIONS. In

this matter I ask for the support of the bishops and of all those

engaged in the pastoral ministry of the Church.” In this

statement, the Holy Father has made it clear that Catholics do

indeed have a right to their traditional rite of Mass, and he

makes it equally clear that the bishops and pastors must respect

this right.

Cardinal Silvio Oddi further clarified the matter when he

stated: “It needs to be said that the Mass of St. Pius V has in

fact never been officially abrogated. Paul VI’s motu proprio

instituting the new mass contained no form of words explicitly

forbidding the Tridentine rite.”1 Bishop Forester, quoted by Fr.

Brian Houghton, also explained the matter when he wrote : “The

New Ordo …is merely a licit exception, a derogation, to the

previous laws which are still in force.”2 What this means is that

THE TRIDENTINE MASS REMAINS TO THIS DAY THE OFFICIAL LITURGY OF

THE ROMAN CATHOLIC CHURCH. Legally the traditional rite remains

in force as it was mandated by Pope St. Pius V, while the Novus

Ordo is merely an exception to the rule.

Nevertheless, a great number of bishops and other

ecclesiastics who occupy positions of authority have attempted to

unlawfully suppress the traditional Roman Rite of Mass. The

intolerance and injustice which a large segment of the hierarchy

has demonstrated towards the rightful aspirations of

traditionally minded Catholics has prompted Cardinal Joseph

Ratzinger, Prefect of the Sacred Congregation for the Doctrine of

the Faith, to call for “an examination of conscience,”: “We

should allow ourselves to ask fundamental questions, about the

defects in the pastoral life of the Church…”, Cardinal

Ratzinger said.3

Certainly there may be many who will ask: “What about

Vatican II? Didn’t the Council decree that there should be a new

rite of Mass?” The answer to this question is a very emphatic

NO. The Second Vatican Council decreed that the liturgy of the

Roman Rite be revised. It did not decree a radical reform or an

entirely new rite. The Liturgy Constitution, SACROSANCTUM

CONCILIUM, reads:

The rite of the Mass is to be revised in such a

way that the intrinsic nature and purpose of its

several parts, as well as the connection between them,

may be more clearly manifested, and that devout and

active participation by the faithful may be more easily

achieved. For this purpose the rites are to be

simplified, due care being taken to preserve their

substance; elements which, with the passage of time,

came to be duplicated, or were added with but little

advantage, are now to be discarded; other elements

which have suffered injury through accidents of history

are now to be restored according to the pristine norm

of the holy Fathers, to the extent that they may seem

useful or necessary. 4

There are some key passages in this text, and elsewhere in

this conciliar document that must be examined in order to

determine if the creation of a New Order of Mass and the

suppression of the traditional rite corresponds to the express

wishes of the Second Vatican Council, or if it is rather a

rejection of both that Council and the perpetual teaching and

tradition of the Church:

  1. The rite of the Mass is to be revised…

The revision of the ancient Roman Rite is

prescribed, there is no mention of a liturgical reform

that will sweep away the old rite and replace it with a

new one.

  1. …the intrinsic nature and purpose of its several

parts…more clearly manifested…

The sacred mystery of the altar must be manifested

more clearly, it must not be obscured in ambiguities.

  1. …restored according to the pristine norm of the holy

Fathers.

Restoration means that the ancient structure and

form are to be preserved, and not be replaced with

novel inventions.

In addition to these there are other passages of this

document which express the mind of the Council in those matters

concerning the revision of the liturgy:

Finally, in faithful obedience to

tradition, the sacred Council declares that

Holy Mother Church holds all lawfully

recognized rites to be of equal right and

dignity; that she wishes to preserve them in

the future and to foster them in every way.

The Council also desires that, where

necessary, the rites be revised carefully in

the light of sound tradition, and that they

be given new vigor to meet the present-day

circumstances and needs. 5

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In order that sound tradition be

retained…there must be no innovations

unless the good of the Church genuinely and

certainly requires them, and care must be

taken that any new forms adopted should in

some way grow organically from forms already

existing. 6

--------

In this restoration both text and rites

should be ordered so as to express more clearly

the holy things they signify. 7

Here are the key passages:

  1. …in faithful obedience to tradition…

  2. …all lawfully recognized rites…to preserve them in the

future and to foster them in every way…

  1. …the rites be revised carefully in the light of sound

tradition…

  1. …In order that sound tradition be retained…there must

be no innovations unless the good of the Church genuinely

and certainly requires them…

  1. …any new forms adopted should in some way grow organically

from forms already existing…

  1. …In this restoration both text and rites should be ordered

so as to express more clearly the holy things they signify.

It is absolutely clear according to the text of SACROSANCTUM

CONCILIUM, that the traditional rite of Mass of the Roman Church

is to be preserved and restored, and it must clearly express the

dogmatic truths that it had previously expressed. The Council

very clearly did not call for the institution of an entirely new

rite of Mass, but, not unlike the Council of Trent , it intended

to revise and preserve the ancient Roman Rite.

In 1570 Pope St. Pius V revised and codified the Roman Rite

of the Mass in the bull QUO PRIMUM. It is important to bear in

mind that Pope St. Pius V did not institute the Tridentine Mass,

but he merely restored and codified the immemorial Roman Rite of

the Mass. The Council of Trent had no intention to institute a

new liturgy. “The Council of Trent (1545-1563),” Davies observes,

“did indeed appoint a commission to examine the Roman Missal, and

to revise and restore it ‘according to the custom and rite of the

Holy Fathers.’ The new Missal was eventually promulgated by Pope

St. Pius V in 1570 with the Bull QUO PRIMUM.”

In the Bull QUO PRIMUM, Pius V did not institute a new rite

of the Mass. Davies demonstrates this by citing eminent

authorities:

…Father David Knowles, who was Britain’s most

distinguished Catholic scholar until his death in 1974,

pointed out” that:

The Missal of 1570 was indeed the result of

instructions given at Trent, but it was, in

fact, as regards the Ordinary, Canon, Proper

of the time and much else a replica of the

Roman Missal of 1474, which in its turn

repeated in all essentials the practice of

the Roman Church of the epoch of Innocent

III, which itself derived from the Usage of

Gregory the Great and his successors in the

seventh century.In short, the Missal of 1570

was, in all essentials, the usage of the

mainstream of medieval European liturgy which

included England and all its rites.8

Although the rite continued to develop after the time of St.

Gregory, Father Fortescue explains that:

All later modifications were fitted into the

old arrangement, and the most important parts

were not touched. From, roughly, the time of

St. Gregory we have the text of the Mass, in

order and arrangement, as a sacred tradition

that no one has ventured to touch except in

unimportant details.9

Fortescue continues:

So our Mass goes back without essential

change, to the age when it first developed

out of the oldest liturgy of all. It is still

redolent of that liturgy, of the days when

Caesar ruled the world …The final result of

our enquiry is that, in spite of unresolved

problems, in spite of later changes, there is

not in Christendom another rite so venerable

as ours. 10

Father Louis Bouyer:

The Roman Canon, as it is today, [written before

Vatican II] goes back to Gregory the Great. There is

not, in the East or in the West, a Eucharistic Prayer

remaining in use to this day, that can boast of such

antiquity. In the eyes not only of the Orthodox, but

of Anglicans and even those Protestants who have

still to some extent, a feeling for tradition. To

jettison it would be a rejection of any claim on the

part of the Roman Church to represent the true

Catholic Church.”

Similarly, Kevin Starr in the SAN FRANCISCO EXAMINER (15 April

  1. explains:

It took the Latin Church 500 years to

evolve a worship service equal to this

awesome compelling leap to the Godhead

through the Risen Eucharistic Christ. For a

Thousand years Catholics prayed this way at

Mass. In the 16th century Council of Trent,

this 1000 year old Mass was standardized,

codified, made the norm of the universal

Church. Another 400 years went by - 400 years

of dignified compelling worship…

In his recent work, THE ETERNAL SACRIFICE, Davies makes the

important observation that:

At no time in the history of the Roman

Rite was there ever any question of a pope

setting up a commission to compose new

prayers and ceremonies. The ceremonies

evolved almost imperceptibly, and in every

case, codification, that is the incorporation

of these prayers into the liturgical books,

followed upon their development…particular

prayers and ceremonies were found in the

Missal because they were being used in the

Mass, and not vice versa. Professor Owen

Chadwick, one of Britain’s greatest

historians, remarks: “Liturgies are not

made, they grow in the devotion of the

centuries.” 11

Precisely what St. Pius V did to the ancient Mass rite of

the Roman Church is succinctly summed up by Davies:

The Bull QUO PRIMUM of St. Pius V:

  1. does not promulgate a new rite but consolidates and

codifies the immemorial Roman Rite;

  1. It extends its use throughout the Latin Church, except,

  2. for rites having a continuous usage of over two hundred

years;

  1. and grants an indult to all priests to freely and

lawfully use this Missal in perpetuity;

  1. The Bull specifies minutely the persons, times and the

places to which its provisions apply;

  1. The obligation is confirmed by express sanctions.

Since that time, no Pope has ever himself formally decreed

the abrogation or obrogation of QUO PRIMUM, and certainly no Pope

has ever presumed to abolish the traditional Roman Rite of the

Mass. From this it should already be clear that any priest of

the Roman Rite is entitled to celebrate the traditional Mass

anywhere, at any time, in accordance with liturgical laws…(and)

the laity are just as much entitled to assist at the traditional

Mass as priests of the Roman Rite are to celebrate it.

The traditional Roman Rite of Mass is the universal and

perpetual custom of the Church, rooted in Apostolic Tradition. It

cannot ever be lawfully suppressed. The proposition that the

established customary ceremonies and rites of the Roman Church

can be suppressed and replaced by the innovations and inventions

of bureaucrats is contrary to the doctrine of the Faith. The

Roman Rite, as we have seen, is the most ancient rite of Mass;

and, as Jungmann points out, it grew out of the apostolic

traditions. Concerning the Canon of that rite, the Council of

Trent declared, ” it is made up from the words of Our Lord from

apostolic traditions, and from devout instructions of the holy

pontiffs.” 12

Very clearly, the ancient Roman Rite of the Mass is not

something that a Pope instituted or decreed into existence. It

is the sacred patrimony of the Roman Church, and it cannot be

lawfully suppressed. St. Peter Canisius, Doctor of the Church,

wrote in his Summa Doctrinae Christianae: “It behooves us

unanimously and inviolably to observe the ecclesiastical

traditions, whether codified or simply retained by the customary

practice of the Church.” We see the same teaching set forth by

St. Peter Damien, also a Doctor of the Church: “It is unlawful to

alter the established customs of the Church…Remove not the

ancient landmarks which thy fathers have set.” This doctrine is

the infallible teaching of the Catholic Church, and therefore it

must be believed with divine and Catholic Faith, since it is set

forth is the Profession of Faith of Pius IV:

I most steadfastly admit and embrace Apostolic and

Ecclesiastical Traditions and all other observances and

institutions of the said Church…I also receive and

admit the received and approved ceremonies of the

Catholic Church used in the solemn administration of

the sacraments. 13

When Pope Paul VI approved the Missal for the New Rite of

Mass, he did not abolish the Traditional Rite. Pope Paul’s

Apostolic Constitution Missale Romanum is a very curious

document. Being an Apostolic Constitution, one would expect it to

solemnly decree legislation for the purpose of regulating the

discipline of the universal Church. However, Missale Romanum does

nothing of that nature.14 It does not establish any norms for the

use of the new Missal in the churches of the Latin Rite. In

Missale Romanum, Pope Paul VI did nothing but approve the text

of the new Missal. In doing so he also decreed the addition of

three new Eucharistic Prayers into the Missal and establish the

formulae of consecration to be published in the new Missal.

Hence, when Pope Paul VI declared: “We wish that these our

decrees and prescriptions may be firm and effective now and in

the future, notwithstanding, to the extent necessary, the

apostolic constitutions and ordinances issues by our

Predecessors, and other prescriptions, even those deserving

particular mention and derogation”, he made no ruling over the

discipline that governs the worship of the Church. Nothing at all

is prescribed concerning where when, and by whom this new

liturgical book must, or even may be used.

The use of the new Missal is simply not mandated. It is

nowhere mandated that this Missal is henceforth to be used in the

Churches of the Latin Rite by the clergy of that rite. The only

thing that Missale Romanum mandates is the inclusion of prayers

and formulae into the book! It derogates the laws that had

previously proscribed the publication of any new missal, but it

does not derogate the previous legislation which forbids the use

of any new missal.

Bishop Forester, in Fr. Brian Houghton’s book, MITRE AND

CROOK observes:

This has been the most puzzling history of all.

May I remind you, Fathers, that we already have two

documents of the highest conceivable authority: the

Bull QUO PRIMUM and the Constitution SACROSANCTUM

CONCILIUM, which are, moreover, in line with each

other. What happens next?

On April 3rd, 1969, a Papal Constitution entitled

Missale Romanum was promulgated purporting to be the

law governing the New Order of Mass, as yet

unpublished. In this original version it is not a law

at all but an explanatory introduction to a permission.

Even the word ‘Constitutio’ is nowhere to be found in

the text, merely in the title:

  1. There is no abrogation of previous legislation and

no clause ordering the use of the new rite.

  1. There is no sentence to show that it is

obligatory, let alone exclusive.

  1. There is no dating clause to show when it should

come into effect.

This of course did not prevent the powers that be from

saying that it was a binding law. to do so they had

recourse to a mistranslation. What is so curious is

that the mistranslation was common to all languages. I

have read it myself in English, French and Italian I am

told that it is the same in German and Spanish. How can

this possibly come about? How can all these expert

translators make the identical mistranslation? Your

guess is as good as mine.

Here is the sentence, the fourth before the end of

the original version, the fifth in the Acta:

Ad extremum, ex iis quae hactenus de novo

Missale Romano exposuimus quiddam nunc cogere

et efficere placet…

I have underlined the mistranslated words. “Cogere

et efficere” is a well known Ciceronian phrase to be

found in most dictionaries. Even if the translators

could not be bothered to look it up, it is perfectly

clear that “quiddam cogere” breaks down into “agere

quiddam con” = to work something together, which is in

the context “to sum up.” Equally, “quiddam efficere”

breaks down into “facere quiddam ex” = to make

something out, which is in the context “to draw a

conclusion.”

And what did all the translators make of it? “In

conclusion, We now wish to give the force of law to all

We have declared…”; and in French, “Pour terminer,

Nous voulons donner force de loi a tout ce que Nous

avons expose…”; and in Italian etc. It is strange, my

dear Fathers, but such is the truth: “to sum up and

draw a conclusion” becomes “to give the force of law.”

And what did I do about it? Absolutely nothing for

the simple reason that I did not bother to read the

Latin until two or three years later. Do not judge me

too severely. Have you read it?

But that is not the end. Worse is to come. The

Acta for June, 1969, were published as usual about two

months later. When it appeared, a brand new clause had

been inserted into the original document as the

penultimate paragraph. It reads: Quae Constitutione hac

Nostra praescripsimus vigere incipient a XXX proximi

mensis Novembris hoc anno, id est a Dominica I

Adventus. That is, “What we have ordered by this Our

constitution will begin to take effect as from

November of this year (1969), that is the first Sunday

of Advent.” You will notice:

  1. that for the first and only time the word

“Constitutio” appears in the text.

  1. For the first time, too, a word signifying “to

order” is introduced - “praescripsimus.”

  1. For the first time a date is given on which the

order is to become effective. This is a permission

turned into a law.

Actually, there are a couple of snags even about

this insertion. The word “praescripsimus” = We have

ordered - is not the proper term in Latin, but I shall

not bother you with refinements. More important, it is

in the wrong tense. Up to this point the legislator has

prescribed nothing at all. It is precisely in this

clause that he claims to do so. The verb, therefore

should be in the present tense: “praescribimus” = “what

We are ordering by this our Constitution”: not in the

past perfect, “what we have prescribed.” The only

explanation I can think of for this howler is

recognition by its author that he is tampering with a

pre-existing text. Moreover, the logical conclusion

from the use of the wrong tense can scarcely be what

its author intended: since nothing was prescribed,

nothing is prescribed; and the legislator, to boot, is

still prescribing nothing. What a mess! I wonder how

long a civil government would last which thus tampered

with its own laws?

There is a last remark I wish to make about this

strange document. It winds up with the usual clause de

style: “We wish , moreover, that these decisions and

ordinances of ours should be stable and effective now

and in the future, notwithstanding - in so far as may

be necessary - Constitutions and apostolic regulations

published by Our predecessors and all other ordinances,

even those requiring special mention and derogation.”

At long last - indeed it is the last word - there is a

“technical” term in the constitution, so we know

exactly where we stand: “derogation”. The New Ordo is

therefore only a permission after all. It is merely a

licit exception, a derogation, to the previous laws

which are still in force. They have not been

abrogated…It is nonsense to claim that the bull Quo

Primum has been abrogated.

After the publication of Missale Romanum there appeared

other documents emanating from the Sacred Congregation for Divine

Worship, all of which seem to implicitly assume as their point

of departure the legally unfounded notion that the New Missal has

replaced the Missal promulgated by Pope St. Pius V. Ordo Missae

specifies the rubrics for the new rite. Ordo Lectionum Missae

presents the new Lectionary for the new rite. There is an

Instruction on October 20 1969. None of these documents bears the

signature of the Pope. They are curial documents.

All of the curial legislation that would attempt to nullify

QUO PRIMUM is deficient, because no office, congregation, or

commission can validly overrule the solemn decrees of a Supreme

Pontiff. Only the Pope possesses the plenitude of power which

the Lord conferred upon Peter and his successors when He said: “I

will give to thee the keys of the kingdom of heaven. And

whatsoever thou shalt bind upon earth, it shall be bound also in

heaven: and whatsoever thou shalt loose on earth, it shall be

loosed also in Heaven.”15 While it is true that the Pope’s

subordinates exercise papal authority when it is delegated to

them, that delegated authority only exist within defined limits.

Only the Pope can exercise the full plenitude of power of the

keys, because Christ conferred that singular prerogative upon his

vicar alone. The Pope, therefore, cannot validly confer that upon

anyone, and hence, it is impossible for the officials of the

Roman Curia to exercise the supreme power of the keys to loose

what a previous pope has solemnly declared to be binding in

perpetuity. This is a power that Christ singularly bestowed upon

the Roman Pontiff, and therefore cannot be validly delegated to a

subordinate. This is precisely the juridical deficiency of the

above mentioned post conciliar curial documents, since there is

absolutely nothing of a legal nature in the Conciliar decrees

which presumes or intends to abrogate QUO PRIMUM or to abolish

the traditional Roman Rite.

After the publication of Missale Romanum, someone in the

Vatican noticed that Pope Paul’s promulgation was only an

approval for the text of the new book, and therefore someone

decided that the Missal for the New Mass needed to be promulgated

in such a manner that would authorize the use of the new Missal.

This is precisely what the bureaucrats did when on March 26,

1970, the Sacred Congregation for Divine Worship, by order of

Paul VI “promulgated” the new Missal. It acknowledges the fact

that Missale Romanum approved texts for the Missal (approbatis

textibus ad Missale Romanum pertinentibus per Constitutionem

Apostolicam Missale Romanum). The document allows the immediate

use of the Latin edition as soon as it is published and concedes

to the bishops’ conferences the authority to establish when the

vernacular editions may be used. This decree in no way attempted

to abrogate the old rite, nor did it mandate the use of the new

rite, but it merely permitted the use of the new Missal. 16

Similarly the Sacred Congregation’s Instruction of Sept. 5,

1970 does not presume to impose any obligation that would require

the use of the New Rite of Mass. It contains no nonobstat, and

when asked, Paul VI did not refer to this document as imposing

any obligation to use the New Missal.

Just what was the origin of the alleged obligation to use

the new Missal? Michael Davies explains that ”…Pope Paul VI

himself stated in his Consistory Allocution of 24 May 1976 that

‘the adoption of the (new) Ordo Missae is certainly not left up

the free choice of priests or faithful.’ This indicates that he

himself believed the New Mass to be mandatory - but,

astonishingly, as his authority for this opinion, he cited the

1971 Instruction and not his own Apostolic Constitution.” That

document was in fact, not even an Instruction but merely a

Notification. It is impossible for a mere notification made by a

Roman Congregation to overrule the solemn decree of a Supreme

Pontiff, and it is absolutely incredible that a Pope could

believe that curial bureaucrats can establish the liturgical

discipline of the Roman Church, and that they could do it by

means of a mere notification! Unfortunately, that is what Pope

Paul believed, but that was only his personal opinion which he

never expressed in any formal and legally binding decree.

Some have had recourse to the law governing immemorial

customs in order to adhere to the traditional rite without being

persecuted by various ecclesiastical authorities. The Sacred

Congregation for Divine Worship, however, has demonstrated that

it has no respect for Canon Law when the law interferes with

their agenda. According to both the old and the new codes of

Canon Law, an immemorial custom cannot be abrogated except by

explicit mention in the new legislation, and no post conciliar

legislation has ever presumed to abrogate the immemorial custom

of the venerable Roman Rite. That unfortunately did not prevent

the Sacred Congregation from issuing a ruling on 28 October 1974

which denied that the Tridentine Mass could be celebrated under

“any pretext of custom, even immemorial custom.” Unabashedly and

in dictatorial strongman fashion, the bureaucrats of the Roman

Curia seem to be saying: “To Hell with the Law, you must obey us

even if we are outside the Law.”

Davies summed up well the legal quandary of the Curia when

he wrote:

The problem faced by the Vatican as a

result of the widespread support for the

Tridentine Mass was that it had condoned its

almost universal suppression without giving

formal and binding legal sanction to this

suppression; and, furthermore, this illegal

suppression has been given support in

documents emanating from the Sacred

Congregation for Divine Worship. 17

All of the new legislation enacted by Paul VI only derogates

the previous legislation which would have prohibited the new

rite,18 but nowhere does any of Paul VI’s legislation ever

presume to abrogate, obrogate 19 or in any manner abolish the

provisions of QUO PRIMUM which explicitly “give and grant in

perpetuity that for the singing or reading of Mass in any Church

whatsoever this Missal (the Tridentine Missal) may be followed

absolutely, without any scruple of conscience, or fear of

incurring any penalty, judgement or censure, and may be freely

and lawfully used. Nor shall bishops, administrators, canons,

chaplains and other secular priests, or religious of whatsoever

order or by whatsoever title designated, be obliged to celebrate

Mass otherwise than enjoined by us.” Hence, any prelate, be he

bishop or cardinal or whatever, who attempts to forbid the

celebration of the Traditional Mass is entirely outside the law.

In fact, if any ordinary presumes to forbid the traditional Latin

Mass, he thereby refuses submission to formally enacted papal

legislation which remains in force, and therefore that bishop

falls into schism.20

The indult granted by Pope John Paul II in 1984 in no way

abolishes the traditional Mass. First of all, the document does

not mandate the use of the new Missal nor suppress the old rite.

It is only a permission: The indult permits the use of the old

Missal under certain circumstances, but there is no law that

prohibits its use when those conditions are not present.

It is very important to bear in mind that a priest is bound

in conscience under pain of mortal sin to obey the solemn

decrees whereby the Pope governs the liturgical discipline of the

universal Church. Pope Paul VI only approved the text of the new

Missal, and therefore, in accordance with Canon 18 of the new

Code of Canon Law (Canon 19 in the old Code), the derogations

mentioned in the nonobstat clause of Missale Romanum refer only

to previous legislation that proscribed the publication of any

new Missal, but it did not derogate or in any way nullify the

solemnly decreed papal legislation that prohibits the use of a

new rite of Mass. That legislation, which forbids the use of any

new rite remains in force to this day.

The traditional Roman Rite of Mass grew out of the worship

of the entire Church, and was then legally codified after the

development had already reached its term. The Tridentine Mass

was truly and fully a profession of the faith of the Catholic

Church. As Jungmann observes, “The entire teaching of the Church

is contained in the liturgy”.(Handing on the Faith)

The New Mass, on the other hand, did not spring forth from

the living worship of the Catholic Church, but was drawn up by a

commission of bureaucrats. It is not an explicit profession of

faith as was the old rite, but rather it clearly reflects the

mind-set of that relatively small group of bureaucrats and

experts. The New Mass has, as Davies points out, “in many points

every possibility of satisfying the most modernistic of

Protestants.” This was also the opinion of Cardinals Ottaviani

and Bacci, who presented to Pope Paul VI the Critical Study on

the New Order of Mass which states: “…the Novus Ordo Missae—

considering the new elements, susceptible of widely differing

evaluations, which appear to be implied or taken for granted—

represents, as a whole and in detail, a striking departure from

the Catholic theology of the Holy Mass as it was formulated in

Session XXII of the Council of Trent…”

The bureaucrats have mesmerized a considerable portion of

the bishops, many of whom believe that the New Mass is the fruit

of the liturgical reform decreed by the Council. We have seen, as

Davies points out, “the Liturgy Constitution ordering that all

rights shall be preserved and fostered…authorizing a revision

of the Roman Rite (but)…the New Mass is not an act of

obedience to a decision of Vatican II, it is a calculated

rejection of the Liturgy Constitution of that Council.” 21

SACROSANCTUM CONCILIUM stated that “the liturgy is made up

of unchangeable elements divinely instituted, and of elements

subject to change.”22 The Council, however, did not make any

declaration regarding what changes would be licit. Nevertheless,

there is a body of Catholic teaching regarding what may lawfully

be done to the liturgy which, unfortunately seems to have been

largely forgotten by the vast majority of Catholics, laity and

hierarchy alike.

Changes in the liturgy, throughout the history of the

Church, have been the result of a gradual development that took

place during the course of the centuries. This is what Canon

Smith explained in THE TEACHING OF THE CATHOLIC CHURCH, where he

says “…throughout the history of the development of the

sacramental liturgy, the tendency has been towards growth-

additions and accretions, the effort to obtain a fuller more

perfect symbolism.”23 “This”, Davies points out, “was a key point

in the Catholic Bishops’ vindication of APOSTOLICAE CURAE”:

That in earlier times local Churches were

permitted to add new prayers and ceremonies

is acknowledged…But that they were also

permitted to subtract prayers and ceremonies

in previous use, and even to remodel the

existing rites in a most drastic manner, is a

proposition for which we know of no

historical foundation, and which appears to

us as absolutely incredible. 24

Pope Leo XIII explained in his Constitution Orientalium

Dignitas, that the Church “allows and makes provision for some

innovations in exterior forms, mostly when they are in conformity

with the ancient past.” So, Pope Leo explained, that some

innovations can be made, but these are mostly changes that

restore the rite. Pope Pius XI summed up well what has always

been the mind of the Church down through the ages when he, in

Divini Cultus stated:

No wonder then, that the Roman Pontiffs have been so

solicitous to safeguard and protect the liturgy. They

have used the same care in making laws for the

regulation of the liturgy, in preserving it from

adulteration, as they have in giving accurate

expression to the dogmas of the faith.

It is not sufficient that a liturgy merely be free from any

explicit error in order to be licit. The liturgy is not only an

expression of worship, but it is also a profession of faith, and

as such it must give clear expression to the doctrine of the

faith. Pope Pius XII, in his Encyclical Mediator Dei (1947),

declared:

In the liturgy we make explicit profession of our

Catholic faith;…the whole liturgy contains the

Catholic faith, inasmuch as it is a public profession

of the faith of the Church…This is the origin of the

well known and time-honored principle: ‘the norm of

prayer establishes the norm of belief’.

Pius XI also issued statements of a similar nature: “It (the

Mass) is the most important organ of the Ordinary and Universal

Magisterium of the Church”25 ; and in his Encyclical “Quas

Primas” 1925, the same Pontiff explained that “people are

instructed in the truths of the faith and brought to appreciate

the inner joys of religion far more effectively by the

…celebration of our sacred mysteries than by any pronouncement,

however weighty, made by the teaching of the Church.” Three years

later the same Pope elaborated this point more fully in the

Apostolic Constitution Divini Cultus (1928):

There exists, therefore, a close relationship between

dogma and the sacred liturgy, as also between the

Christian cult and the sanctification of the people.

This is why Pope Celestine I thought that the rule of

faith is expressed in the ancient liturgical

formulations; he said that ‘the norm of prayer

establishes the norm of belief’.

It may be objected that the New Rite of Mass is only a

revision of the immemorial Roman Rite. This is quite simply not

true. The author of the New Mass was Annibale Bugnini and the

bureaucrats who worked under him. Concerning the New Rite,

Bugnini himself said: “It is not simply a question of restoring a

valuable masterpiece but in some cases it will be necessary to

provide new structures for entire rites…it will be a truly new

creation…“26

Likewise Joseph Gelineau S.J. : “Let them compare it with

the Mass we now have. Not only the words, the melodies and some

of the gestures are different. To tell the truth, it is a

different liturgy of the Mass. This needs to be said without

ambiguity: the Roman Rite as we knew it no longer exists. It has

been destroyed. Some walls of the former edifice have fallen

while others have changed their appearance, to the extent that it

appears today either as a ruin or the partial substructure of a

different building”

For those who are not familiar with the name of Joseph

Gelineau, Michael Davies provides the following information:

Father Gelineau was present at the Council as a

liturgical expert. He performed the same function after

the Council for the CONSILIUM, the commission set up to

implement the Constitution.”

It is a matter beyond any reasonable dispute that the Novus

Ordo Missae is a new rite of Mass, as different from the Roman

Rite as the Roman Rite is different from the Byzantine Rite. The

authors of the New Rite have explicitly stated this. What further

need have we of proof when they themselves admit so much, and are

therefore judged by the words of their own mouths?

In a well known quotation, Paul VI lamented the fact that

the Church seemed to be undergoing its own self demolition. He

was not alone in giving expression to this belief. Valerian

Cardinal Gracias made the same observation when he said that “The

Church is being threatened by a real disintegration which is

taking place within…” The Modernist Apostasy has been greatly

aided in the nurturing of this process by the replacement of the

traditional liturgy by the New Mass. The Council of Trent, as the

Critical Study on the New Mass presented to Paul VI by Cardinals

Ottaviani and Bacci explains, “by fixing definitively the

“canons” of the rite, erected an insurmountable barrier against

any heresy which might attack the integrity of the mystery.” In

the post-conciliar Church, that barrier has been torn down, and

with it has been demolished the most powerful bulwark of defense

against the Modernist Heresy, the most deadly enemy our Faith

has ever faced. 27 28

This article has been written in response to Cardinal

Ratzinger’s call for an examination of conscience. I would

therefore like to conclude this essay with a portion of a page

from Davies which presents Cardinal Ratzinger’s own observation

about the present state of the Church:

How could it be that a Council which was intended

to inaugurate an era of renewal was, in fact, followed

by a period of what Cardinal Gracias described only

too accurately as “a real disintegration”? That this is

indeed the case was observed by the outstanding French

theologian and liturgist, Father Louis Bouyer, who was

an expert adviser at the Council. “Unless we are

blind,” he remarked, “we must even state bluntly that

what we see looks less like the hoped-for regeneration

of Catholicism than its accelerated decomposition.”29

There are, of course, many in the Church today who

prefer not to face up to the reality of what is taking

place by closing their eyes. Many bishops, alas, are

numbered among them. In 1985, an Extraordinary Synod

took place in Rome…In many cases…the bishops

claimed that the hoped for renewal had indeed taken

place, and that the Church was flourishing as never

before; and they said this despite the fact that every

available piece of statistically verifiable evidence

pointed to the opposite conclusion. There was

considerable animosity manifested by European bishops

toward Cardinal Joseph Ratzinger, Prefect of the

Congregation for the Doctrine of the Faith, who had

admitted frankly that “it is incontrovertible that this

period has definitely been unfavourable for the

Catholic Church.” 30

FOOTNOTES

N.B. THERE IS A SLIGHT PROBLEM WITH THE ORDER OF THE FOOTNOTES.

1- Silvio Cardinal Oddi, Camerlengo of the Sacred College, made

this statement to Michael de Jaeghere in an interview published

in the first week of August 1988 in Valeurs Actuelles.

2- This quotation appeared in Fr. Byron Houghton’s book, MITRE

AND CROOK, and is reproduced at length below.

3- Address of Cardinal Ratzinger to the Bishops of Chile, July

13, 1988; Santiago, Chile. Published in Italian in the July 30

- Aug. 5 edition of Il Sabato, and in English by The Wanderer,

Sept. 8, 1988.

4- SACROSANCTUM CONCILIUM, par. 50.

5- ibid., par. 4.

6- ibid., par. 23.

7- ibid., par. 21.

8- cf. Davies, THE TRIDENTINE MASS, p. 21; The Tablet, 24 July,

1971, p.724.

9- Fr. Adrian Fortescue, THE MASS, London, 1917, p. 173.

10- ibid., p.213.

11- Davies, THE ETERNAL SACRIFICE; Long Prairie, 1987, p. 14.

12- D 942.

13- A MANUAL OF CATHOLIC THEOLOGY, Joseph Wilhelm and Thomas

Scannell, Kegan Paul:London, 1909.

14- It must be recalled that it pertains to the very essence of

the law that it:

  1. Must be preceptive in its wording if it is going to

make something obligatory.

  1. It must specify who are the subjects of the law, and it

must specify where and when the law will be in force.

  1. The law must be publicly promulgated in the manner

specified by law, by the competent authority.

It is manifestly evident from the above considerations that

Pope Paul’s Missale Romanum did not make the new Mass obligatory.

15- Mt. 16:19.

16- This raises the important legal question regarding the

validity of the authorization for the use of the new Missal.

Pope Paul VI only approved the text for the new Missal, but he

himself never formally authorized its use, nor did he derogate

those provisions of QUO PRIMUM which explicitly proscribe the

use of any missal other than the Tridentine Missal. Now only

the Pope himself is juridically competent to validly enact such

legislation whose validity requires the exercise of the full

plenitude of the power of the keys, and consequently the use of

the new Missal of Paul VI remains legally irregular to this day.

17- Davies, THE LEGAL STATUS OF THE TRIDENTINE MASS, Dickinson,

1982, p.35.

18- From a strict legal viewpoint which Canon Law requires in

such matters (can. 18), it can be seen that Pope Paul VI only

derogated those provisions which prohibited the publication of

any new missal; but since Missale Romanum nowhere authorizes

the use of the new Missal, none of its nonobstat provisions has

derogated the decrees which prohibit the use of any missal

other than the Tridentine Missal.

19- Legislation that abrogates explicitly abolishes previous

legislation, whereas legislation that obrogates replaces what

was there before it. Legislation that derogates leaves the

previous legislation in force while nullifying some of its

provisions. No Pope has abolished QUO PRIMUM, and therefore it

is not abrogated; no Pope has formally mandated the use of the

new Missal by a legislative decree, therefore QUO PRIMUM is not

obrogated.

20- cf. Can. 751. N.B.It is the teaching of both Suarez and

Cardinal Torquemada that by the attempt to suppress the

traditional liturgy of the Church, one falls into schism.

Cardinal Juan de Torquemada O.P., 1388-1468; Commentarii in

Decretum Gratiani (1519), and Summa de Ecclesia (1489):

In this way, the Pope could, without doubt, fall into

Schism…Especially is this true with regard to the

divine liturgy, as for example, if he did not wish

personally to follow the universal customs and rites of

the Church… Thus it is that Innocent states (De

Consuetudine) that, it is necessary to obey a Pope in

all things as long as he does not himself go against

the universal customs of the Church, but should he go

against the universal customs of the Church, he need

not be followed…”

Francisco Suarez S.J., 1548-1617, called by Pope Paul V

“Doctor Eximius et Pius” (Excellent and Pius Doctor), usually

considered the greatest theologian of the Society of Jesus:

A Pope “falls into Schism if he departs himself from

the body of the Church by refusing to be in communion

with her… The Pope can become a schismatic in this

manner if he does not wish to be in proper communion

with the body of the Church, a situation which

would arise if he tried to excommunicate the entire

Church, or, as both Cajetan and Torquemada observe, if

he wished to change all the ecclesiastical ceremonies,

founded as they are on Apostolic Tradition.”

21- Davies, POPE PAUL’S NEW MASS, p.351: “The new Eucharistic

Prayers, those introduced in 1968, and all those which have

followed since, were not required for the good of the Church

and certainly did not grow organically from forms already

existing within the Catholic Church. They thus constitute an

act of disobedience to the Council and corroborate Father

Bouyer’s claim that there is formal opposition between the

liturgy we have and what the Council worked out.” (Louis

Bouyer, THE DECOMPOSITION OF CATHOLICISM, London, 1970, p.99.)

22- SACROSANCTUM CONCILIUM, par. 21.

23- Canon George Smith, THE TEACHING OF THE CATHOLIC CHURCH,

p. 1056.

24- A VINDICATION OF THE BULL APOSTOLICAE CURAE (London, 1898),

pp. 42-43.

25- Rev.Greg. 1937, p. 79.

26- La Documentation Catholique, no. 1493, 7 May 1967.

27- Cf. POPE PAUL’S NEW MASS, p.78., Demain la Liturgie,

Paris, 1977, p.10

28- Our Lady of La Salette revealed to Melanie that Rome would

lose the Faith and become the seat of the Antichrist, but

first, according to Sacred Scripture, an obstacle must be

removed from out of the way: “And now you know what

withholdeth, that he may be revealed in his time.” (2 Thess.

2:6). The traditional Roman Rite was a barrier against all

heresy, but is no longer an obstacle to the modernist and other

heretics who have taken liberties with the new Mass. The

promoters of the Modernist Apostasy have thus far been able to

act in contempt of the Pope’s authority, and this seems to

usher in what may eventually be the fulfillment of the

following verse: “For the mystery of iniquity already worketh;

only that he who now holdeth, do hold, until he be taken out of

the way” (2 Thess. 2:7).

29- Father Cornelio Fabro, one of the most respected scholars in

the Catholic world has stated in his Problematica della

Teologia Contemporanea that the present crisis of the Church is

mord serious than any crisis in all the past history of the

Church.

30- Louis Bouyer, op. cit., p.1.

31- Davies, THE ETERNAL SACRIFICE, p.22. Ratzinger:

L’Osservatore Romano (English Edition), 24 Dec. 1984.