4.12. How can traditional clergy operate without Church approval today? Is there a principle like epikeia that permits this during a crisis?
Yes. In extraordinary circumstances, when normal channels of Church authority are unavailable or compromised, Catholic moral theology recognizes the principle of epikeia — a virtue that governs how law is rightly interpreted and applied when literal observance would contradict the law’s original purpose.
Definition of Epikeia
Epikeia (Greek: ἐπιείκεια) is a moral principle taught by the Church, especially by pre-Vatican II theologians, that allows for the non-application of a human ecclesiastical law when strict observance would frustrate the law’s purpose or endanger souls. It is never used to dispense from divine law or dogma, but it can apply to ecclesiastical discipline, such as canonical jurisdiction or procedural norms.
“Epikeia is a virtue allied to justice which permits the equitable application of the law in cases where following the letter of the law would cause undue harm.”
St. Thomas Aquinas explains that epikeia is a part of justice and prudence and “consists in doing what the lawgiver would have intended if he had foreseen the situation.” (Summa Theologiae, II-II, q. 120)
Application to Today’s Crisis
In normal times, priests and bishops require ordinary jurisdiction (i.e., authority granted by the Church) to licitly administer certain sacraments (e.g., confession, marriage). This jurisdiction is usually conferred by the Pope or local bishop through canonical mission and delegation.
But today, those lawful superiors do not exist — or rather, they are public heretics who have defected from the Faith, and thus cannot validly confer mission or jurisdiction.
According to traditional Catholic theology and canon law:
A heretic is incapable of holding ecclesiastical office (Pope Paul IV, Cum Ex Apostolatus Officio, 1559; St. Robert Bellarmine, De Romano Pontifice).
Jurisdiction can be supplied in times of necessity — this is known as supplied jurisdiction, or ecclesia supplet (Canon 209, 1917 Code of Canon Law).
In the absence of a true pope and hierarchy, validly ordained traditional Catholic priests and bishops exercise supplied jurisdiction, and epikeia applies to explain why the Church’s laws are not violated when they administer the sacraments without ordinary canonical mission.
“In cases of necessity, where it is impossible to approach lawful superiors, epikeia can be lawfully applied to interpret and suspend purely ecclesiastical laws — provided the law’s end is preserved, and no divine precept is violated.”
Historical Precedent
During persecutions — such as under the Roman Empire, in Japan, or in Communist China — priests operated without canonical mission or episcopal oversight, yet the Church has always recognized the validity and necessity of their actions to preserve the faith.
Today, traditional clergy act not out of rebellion, but out of fidelity to the Church, to ensure that the faithful have access to:
Valid and reverent sacraments,
True Catholic doctrine untainted by Vatican II,
And lawful spiritual guidance during a time of unprecedented ecclesiastical eclipse.
Conclusion
The principle of epikeia, together with the Church’s doctrine on supplied jurisdiction, explains how traditional priests and bishops may lawfully act in a time of extraordinary crisis, when lawful superiors are absent or heretical, and souls are in danger. Their mission is not self-invented — it is a continuation of the Church’s perennial mission to teach, sanctify, and govern — even amidst the greatest apostasy the Church has ever seen.
Suggested Readings:
Pope Paul IV, Cum Ex Apostolatus Officio (1559)
St. Thomas Aquinas, Summa Theologiae, II-II, q. 120
Canon 209, 1917 Code of Canon Law
Fr. Dominic Prümmer, Manuale Theologiae Moralis (in Latin)
Historical reference: Fr. Anthony Cekada, "Traditional Priests, Legitimate Sacraments" (SSPV)