Confessions

The argument as I understand it:

Common error of the penitent about the faculties/jurisdiction of the priest in the confessional should not hinder their confession. If most reasonable Catholics in that area think that priest has faculties, if it turns out he doesn’t the Church supplies the jurisdiction to make the absolution valid.

I can see this covering some penitents who have confessed to SSPX priests, but not all.

1. Pope Francis was concerned the confessions were invalid enough to grant jurisdiction in 2015.

2. People have the internet. They have non-SSPX Catholic relatives, or other priests in their network. Once the penitent knows SSPX might lack jurisdiction/faculties, this is not common error anymore. I expect > 50% of confessions are not with people innocent enough of the problem to qualify for Common Error.

But the Pope has remedied this now, so don’t need to deep dive here.

Marriages

Can. 1116 §1. If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only:

1/ in danger of death;

2/ outside the danger of death provided that it is prudently foreseen that the situation will continue for a month.

§2. In either case, if some other priest or deacon who can be present is available, he must be called and be present at the celebration of the marriage together with the witnesses, without prejudice to the validity of the marriage before witnesses only.

“grave inconvenience” which is not defined by the law itself, thereby being open to interpretation…

We can know some things a grave inconvenience could be and could not be.

It could be: frontier life, war time, Elizabethan persecution, etc.

It could not be: there are 18 parish priests, and 2 FSSP priests in good standing in my city that I never approached.

Canon 1335

This section I do believe is relevant to SSPX priests. This law talks about if a latae sententiae excommunication hasn’t been declared yet, here’s when they can offer sacraments.

But the SSPX priests barriers to offer sacraments are

1. no jurisdiction
2. no incardination to a bishop with assignment
3. being suspended

not a undeclared latae sententiae excommunication.