De Suprema Ecclesiae Auctoritate - Ghirlanda (Prepared: Hastings) Flashcards
What is the principle of economy?
• Principle of economy (from Fr. Aaron’s study session)
o The Church is for the salvation of men
o Therefore, the Church has a sense of what she can and cannot do to save men
o So when the Church says we can’t do this, this is because it is part of the gift of Christ to the Church, and relates to the salvation of men
E.g., dissolving ratified and consummated marriage; the Church dissolve it because it would not be for the salvation for men
o On the other hand, if the Church has a practice of doing something through history, that means that by the principle of economy that she does have the power to do the thing for the salvation. Thus, historical precedents have value.
E.g., can’t say that auxiliary bishops are not real bishops, because the Church has had them for a long time, and by the principle of economy, she knows what she can and cannot do to save men
Talk about the Nota Explicativa Praevia #2. (From appendix to Lumen Genitum)
- A person becomes a member of the College by virtue of episcopal consecration and by hierarchical communion with the head of the College and with its members. Cf. n. 22, end of 1 1.
In his consecration a person is given an ontological participation in the sacred functions [lmunera]; this is absolutely clear from Tradition, liturgical tradition included. The word “functions [munera]” is used deliberately instead of the word “powers [potestates],” because the latter word could be understood as a power fully ready to act. But for this power to be fully ready to act, there must be a further canonical or juridical determination through the hierarchical authority. This determination of power can consist in the granting of a particular office or in the allotment of subjects, and it is done according to the norms approved by the supreme authority. An additional norm of this sort is required by the very nature of the case, because it involves functions [munera] which must be exercised by many subjects cooperating in a hierarchical manner in accordance with Christ’s will. It is evident that this “communion” was applied in the Church’s life according to the circumstances of the time, before it was codified as law.
For this reason it is clearly stated that hierarchical communion with the head and members of the church is required. Communion is a notion which is held in high honor in the ancient Church (and also today, especially in the East). However, it is not understood as some kind of vague disposition, but as an organic reality which requires a juridical form and is animated by charity. Hence the Commission, almost unanimously, decided that this wording should be used: “in hierarchical communion.” Cf. Modus 40 and the statements on canonical mission (n. 24).
The documents of recent Pontiffs regarding the jurisdiction of bishops must be interpreted in terms of this necessary determination of powers.
330: How is it that St. Peter and the Apostles came to form one college? (Latin)
“statuente Domino” -by decree of the Lord
330: How are the college of St. Peter and the Apostles and the college of the Pope and the bishops related? (Latin)
“pari relatione” Note, this does not say “eadem relatione” because the relationship is similar and not equivalent
330: What are the Pope and the College of Bishops in relation to St. Peter and the Apostles?
Successors. The pope is successor of Peter and the bishops are successors of the apostles.
331: What abides in the Bishop of Rome that was given by Our Lord to St. Peter?
The munus of Peter
331: What are the four characteristics of the RP’s ordinary power?
Supreme, Full, Immediate, Universal
331: What does “supreme” mean?
No one can overrule the RP
331: What does “full” mean?
He has power over every matter in the Church
331: What does “immediate” mean?
The RP’s power is not mediated. He can intervene directly in any matter.
331: What does “universal” mean?
It applies to the whole church.
331: What does “ordinary” mean?
As ever, it means that it is attached to an office.
331: How does Vatican I (not a typo) describe the RP’s authority? (latin)
“vere episcopalis” In other words, the RP’s authority is pastoral, directed towards a service
331: What does it meant that the RP’s power is internal to each sui iuris church?
As the visible principle of unity in the Church, this means that the RP is not outside of any of the churches, but is always inside each one. He is not a ruler over a federation of churches, but the RP of the universal Church.
332: When does RP acquire full and supreme power?
Election with episcopal consecration
332: If a bishop is elected RP, when does he become RP? (Latin)
“Accipio”
332: If a non-bishop is elected RP and accepts, does he have power before consecration? If so, what power?
Yes. He has all the power that does not require orders of itself. There is historical precedent of the election of deacons.
332: Why are there two principles of power (election and consecration)?
Because a Pope could not have supreme power if not a bishop
333: Where and when does RP have power?
Everywhere and until he’s not RP
333: What is the ratio legis for this canon?
This reinforces that the Church is not a confederation of churches
333: “This reinforces and defends the proper, ordinary and immediate power which the Bishops have in the particular churches entrusted to their care.” How?
The RP helps bishops because when someone disagrees on essential matters with the bishop related to his hierarchical communion, they disagree with the RP. This helps the RP because it urges observance of universal law by the Bishops.
333.2: What are the two ways that the RP can exercise his power?
Personal (ex. motu proprio) and Collegial (ex. synod of bishops acting with approval of RP)
333.3: Are there appeals against the RP’s sentences?
No.
333.3: Are there appeals against decisions of dicasteries acting with vicarious RP authority? When yes, when no?
Yes, generally. No, when issued “in forma specifica”.
335: What is the law when the see of Rome is vacant? (Title)
Universi Dominici Gregis, 1996, JPII
335: What is the law when the see of Rome is impeded?
There is no law currently in force.
336: College of Bishops: They are subjects of what?
Supreme and full power
336: By what two things are the college of bishops subjects of supreme and full power? How are they important and how do they function?
By hierarchical communion and force of sacramental consecration. Hierarchical communion is the circumstance that is the sine qua non. The Force of sacramental consecration is the cause, making a man a member of the college.
336: What is the relationship of the college of Apostles to the College of Bishops?
It continues in the College of Bishops.
336: Why are there two subjects of supreme and full power in the Church? What’s the ratio legis?
Bishops are more than just the Pope’s helpers. The witness of the Scripture tells us that it was the intent of Christ to found the college.
337: What are the two ways in which the college of bishops uses its supreme and full power?
- Ecumenical Council
2. United Actions Throughout the World. (This is NOT the synod of bishops. It has never been actually done.)
339: Who are the members of an ecumenical council? How is this a change from CIC17?
All the bishops and only the bishops. In the CIC17, non-bishops could be called
339: Is the ecumenical council from divine law or human law?
It is from human law, though the foundation is certainly from divine law.
339: Can a diocesan administrator go to an ecumenical council? (Or someone equivalent in law to a bishop?)
Nope. Only bishops.
341.2: When do decrees of an ecumenical council have force?
When they are approved, confirmed and promulgated.
341.2: What do “approved”, “confirmed” and “promulgated” mean?
Approved: This is done by vote with RP and Bishops
Confirmed: This is a separate act by the RP
Promulgated: The law is given life
341.2: Why would the RP ever choose not to confirm after approval?
Famous example is Lumen Gentium. Paul VI chose to rework LG after approval because there was too much disagreement for his comfort.
What is the difference between co-responsibility and participation?
Co-responsibility: everyone involved has an equal stake in a decision
Participation: somebody makes a decision and others participate (ex., by counsel)
Is the Synod of Bishops a group with co-responsibility or participation? Explain.
It can be both, theoretically. Typically, it is only participation, as the synod gives recommendations to the RP. It has never been done, but the RP could give permission to a synod to make law, in a co-responsible way.
342: How is the synod of bishops different from the college of bishops? (4 ways)
- Synod is part of the college
- Synod is of human origin and the college, divine
- Synod is competent for a particular, circumscribed area.
- Synod is not the act of the college assisting the RP, but the RP asking for help from a subset
349: What is “SRE”?
“Sanctae Romanae Ecclesiae”
349: What are the two principal duties of the cardinals?
Elect the Pope and assist the RP in governance of the Church
349: How is the college of cardinals different from the college of bishops? (4 ways)
- Not established by divine law
- Not representative of the entire Church
- Really about the Roman Church
- Does not express the mind of the College of Bishops
349: Does the college of cardinals function like an upper chamber of the college of bishops?
No
349: Why, at least nominally, do the cardinals elect the Pope?
Because they are, at least nominally, clergy of Rome, and he is the Pope because he is the Bishop of Rome
349: Why are some patriarchs cardinals?
Not unimportant political reasons
Is the college of cardinals a group with co-responsibility or participation? Explain.
Both. Generally, it is participation. But, when it elects the Pope or administers the See of Rome during the sede vacante, it is co-responsibility.
360: What is the current law that regulates the Roman curia?
Pastor Bonus. 1988, JPII
Is the Roman curia a group with co-responsibility or participation? Explain.
Participation, because it is a group with vicarious ordinary power
How is the curia arranged in terms of what it treats?
It is arranged by competences.
368: Why is this canon important?
It gives a list of particular churches.
368: Is this list of particular churches exhaustive? Explain.
No. For example, ordinariates are not included.
368: What is a territorial prelature?
A portion of the people of God inside another particular church. For example, there is a missionary seminary in France where missionaries are incardinated there and they are sent around the world.
368: What is a territorial abbey?
Obvious
368: What are apostolic vicariates or apostolic prefectures?
They are like proto-dicoeses, made in places where a diocese cannot be established, often on account of insufficient resources.
368: What is an apostolic administration, stably erected?
It is a temporary construction when a diocese cannot be made due often to political circumstances, e.g., changing borders.
369: What, essentially, is a diocese?
A portion of the people of God attached to a bishop.
369: What is a diocese not identified with that may fall within it?
Money, buildings, etc. It is about people.
369: What kind of criteria exist for membership in a diocese?
Objective criteria, not subjective.
369: Why can’t a personal prelature be a diocese?
Well, you can’t be kicked out of a diocese. The criteria are not subjective. If you live in a place, you live in the diocese. If you can choose to leave a personal prelature (or a religious order, or some other such entity), the criteria are subjective and insufficient.
375: How is it that bishops “succeed the Apostles through the Holy Spirit who is given to them”? (Latin) Why is that important?
“ex divina institutione” –> It isn’t just functional
375.2: How do the bishops receive their munera? (Latin) Why is that important?
“Ipsa consecratione episcopali” (Abl Abs.) –> This reflects the teaching of VatII that the munera are given sacramentally
375: Does munus = potestas?
Nope.
375.2: In what way can the munera only be exercised in communion with the head of the college and its members? (Latin)
“natura sua” (Abl Abs.)
375.2: For the munus regendi and munus docendi, is membership in the college ad liceitatem or ad validitatem?
Ad validitatem. (Cf. c. 124)
375.2: Which munus can be used outside of hierarchical communion?
Munus sanctificandi
377: is it divine law that bishops are appointed as they are?
No, but divine law does say that communion is essential
377: What does the pontifical mandate give?
The right to ordination
377: What does the canonical mission give?
The right to a specific office
377: When is does someone receive a pontifical mandate and not a canonical mission?
Someone over 80 who becomes a cardinal and does not request dispensation from ordination to the episcopate
381: What three kinds of power does the diocesan bishop have?
- Ordinary (by office)
- Proper (not vicarious)
- Immediate (not mediated)
381: Is a diocesan bishop a vicar or delegate of RP?
No. He is a vicar of Christ.
382: What must a bishop do at the start of his time in a diocese that affects the validity of his acts?
He must take possession
508.2: (This is somewhat unrelated, but important to remember here.) Who is delegated for internal forum issues in a diocese?
Canon penitentiary, even if there is no cathedral chapter
What are the types of bishops? (5)
Ordinary, Titular, Auxiliary, Coadjutor, Emeritus
What right do coadjutors have?
Right of succession
What can auxiliaries and coadjutors be given?
Special faculties
Who must be consulted first by a diocesan bishop, if he has them?
Coadjutors and auxiliaries
What does a diocesan bishop have to do with regard to special faculties?
He has to let the person work in the area of the special faculties because they function as a replacement of his power.
What are the two times that an auxiliary/coadjutor would be given special faculties:
- Problems. Ex–> finances. In this case, the bishop can no longer work in these areas. The guy with specfac is competent.
- Big/Difficult Diocese, No problems: This becomes a supplement to DB’s power.
What power and rights are possesed by an emeritus?
His advice should be sought
He can be buried in the cathedral
He is entitled to support from the diocese (some kind of livelihood)
What offices must these be given: Auxiliary w/out special faculties, auxiliary with special faculties, coadjutor?
Auxiliary w/out special faculties: EV
auxiliary with special faculties: VG
coadjutor: VG
