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CHAPTER VIII: FOURTH DIVISION OF THE PERMANENT JURISDICTION:
PARTICULAR AND UNIVERSAL JURISDICTION
We shall first of all recall that Christ Himself entrusted to the Church
certain exceptional (or extraordinary) powers, and certain regular (or
permanent) powers; and that the regular powers of jurisdiction comprise,
by divine ordinance, two degrees. It will then be possible to enter on a
detailed study of the particular or episcopal jurisdiction, and the
universal or papal jurisdiction.
I. PRELIMINARY CONSIDERATIONS: APOSTOLATE AND EPISCOPATE
How did the apostolate give birth to the episcopate? In what sense are
the bishops the successors of the Apostles? Did the episcopate come
immediately from the hands of Christ? Did the Church receive from Him her
definitive jurisdictional constitution? We will examine the teaching of
the theologians on these points.
1. Christ's Conferring Of Certain Exceptional Or Extra-Ordinary Powers And
Certain Regular Or Permanent Powers On The Apostles: The Immediate Foundation Of
The Permanent Jurisdiction By Christ
The Church came from the hands of Christ. The Gospel itself witnesses
that it was immediately from Him that the Church received the basic
constitution which she is to keep till the end of time: "As the
Father hath sent me, so also I send you" (John xx. 21); "All
power is given me in heaven and on earth. Going therefore, baptize ye all
nations. . . and behold I am with you all days even till the consummation
of the world" (Matt. xxviii. 18-20). And that is why we are able to
profess, in the anti-modernist oath, "that the Church, the guardian and
teacher of the revealed word, was established immediately and directly [proxime
ac directo institutam] by the true and historic Christ, while He lived
among us". He gave her at once both the exceptional and temporary
powers and the regular and permanent powers.
On the Apostles whom He chose that "they should be with him" (Mark
iii. 14), for whom He performed miracles to touch and awaken their hearts
(vi. 52), to whom He explained the meaning of the parables (iv. 11) and
of the Scriptures (Luke xxiv. 45), to whom He appeared over a period of
forty days to instruct them on the Kingdom of God (Acts i. 3), and who
were to be witnesses of His life and resurrection (i. 22), the Saviour
poured out a hidden power which associated them in an exceptional way
with the foundation of His Church, enabling them to launch her on the
world with the initial impulsion which would carry her from age to age
to the end of her history. They would have authority to promulgate certain
sacraments; they would have plenary prophetic knowledge of the revealed
deposit; they would be inspired to manifest this deposit to the world;
and wherever they went they would themselves found local Churches. These
privileges are apostolic in the sense that the Apostles were their sole
depositaries. They constitute what we have called, in the most restricted
sense, "the apostolate". They were intransmissible; and if the
Church is called apostolic today, it is not because she possesses them,
but simply because she issued from them and because they presided at her
birth. They were to be found in an equal degree in each of the Apostles.
But since they were granted only in view of the foundation of a Church
which was essentially destined to be governed by a single visible ruler,
they tended of themselves to place the Apostles, in all that concerned
the government of the Church, in dependence on the trans-apostolic powers
entrusted by Christ to Peter.[832] So that the Apostles themselves were
counted among those sheep of Christ having Peter for visible shepherd.[833]
And when Peter died they would remain, as regards ecclesiastical
government, subject to the supreme and regular power over the universal
Church which would pass on from Peter to his successors.[834]
Within these exceptional and temporary privileges concerned with the
founding of the Church there lay hidden the ordinary and permanent powers
concerned with preserving the Church; powers by which the Apostles were
not only the causes of the Church's coming into being but were also her
first regular heads. These are the powers that are apostolic in the sense
that the Apostles were not their only, but their first, depositaries.
They passed as they stood to the Church, which therefore on this new
ground deserves to be called apostolic. These are the powers of order and
jurisdiction. They depend on Peter, sole visible head of the body of
the Church, and it is from him, consequently, that the other Apostles
were regularly to receive them; but, by a singular favour, they received
them in fact immediately from Christ.[835] Here we may recognize the
ordinary and permanent powers of jurisdiction which we have opposed to
the "apostolate" understood in the restricted sense, by calling
them the "pontificate".
Thus all the powers possessed by the Apostles, whether exceptional or
regular, of order or of jurisdiction, apostolate or pontificate, came to
them immediately from Christ.
2. The Opinions Of Bellarmine And Suarez On The Powers Of Order And
Jurisdiction In The Apostles
The thesis I have just set out is that which is today the most generally
accepted, and is in my opinion the only correct one. Nevertheless, it has
not been accepted by several great theologians.
Following Turrecremata's Summa de Ecclesia,[836] St. Robert Bellarmine
holds, in his De Romano Pontifice,[837] that Peter alone received
episcopal consecration immediately from Christ, and that the other
Apostles received it from the hands of Peter. If it be objected that the
apostolate supposed the powers of order and of jurisdiction and that it
was conferred by Christ directly on all the Apostles, Bellarmine replies
that the apostolate carried with it only the right to preach and a
delegated jurisdictional power of wide extension but including neither
the power of order nor the episcopate. If it be insisted that on this
view the bishops would not be successors of the Apostles, he replies that
the bishops are certainly the successors of the Apostles, not however
because the apostolate included the episcopate, but because the Apostles
were, additionally, bishops—that they were even the first bishops of
the Church although they were ordained by Peter and not by Christ. What
are we to think of this view?
Let us begin by clearing up all merely verbal disagreement. If the name
"apostolate "be reserved for the jurisdictional powers which
were the exclusive privilege of the Apostles, it is clear, as Bellarmine
says, that the bishops, not possessing these exceptional powers, would
not succeed the Apostles in any proper way, in the way in which one
bishop succeeds another;[838] they succeed the Apostles not inasmuch as
they were Apostles, but inasmuch as they were bishops. But if by
"apostolate" we mean the totality of the extraordinary and
ordinary powers conferred on the Apostles, the bishops would then
properly succeed the Apostles in respect of all the regular powers of the
apostolate, but not in respect of the exceptional powers.
This question of vocabulary once out of the way, two points of fact
remain to be cleared up, though their importance for the rest might seem
secondary. The first concerns the power of order, and the second that of
jurisdiction.
On the first point, relating to the power of order, St. Robert Bellarmine
considers that the Apostles had to receive from Peter the fullness of the
power of order; Cajetan thinks, on the contrary, that they received it
immediately from Christ, e. g. at the Last Supper, and Suarez, who is of
the same opinion, adds that it is hardly possible to allege any valid
ground for thinking otherwise.[839] These views of Cajetan and Suarez
seem to me hardly open to question, and I shall take them for granted.
On the second point, relating to the power of jurisdiction, St. Robert
Bellarmine considers that the Apostles, having received the supreme
ecclesiastical power from Christ, could not be other than extraordinary
and delegated pastors, without any possible genuine successors as far as
jurisdiction is concerned,[840] and Suarez considers similarly that the
Apostles possessed a delegated general jurisdiction, without themselves
having the transmissible ordinary episcopal jurisdiction;[841] but John
of St. Thomas believes, on the contrary, that besides the extraordinary
jurisdictional power that they had as founders, as causes of the coming
into being of the Church, the Apostles had a regular jurisdictional power
for her conservation, attached to their power of order, which would pass
as it stood to their successors.[842] Billet, who is of the same opinion,
notes that this assertion is not gratuitous but based on the idea of the
bishops as successors of the Apostles (even as regards jurisdiction), and
that it is inconceivable that during the period of foundation the Church
was not yet in possession of her final and permanent constitution.[843]
Finally, and above all, it was expressly with episcopal jurisdictional
power in view that the Vatican Council declared the bishops to be
successors of the Apostles.[844] We shall have to return to the meaning
of this assertion and to the point that here sets Bellarmine and Suarez
in opposition to other theologians.
3. Points Of Agreement: The Extraordinary Jurisdiction Of The Apostles
In the Gospel texts addressed to the Apostles in view of a mission extending
to all nations and to all times, it is evidently impossible not to
recognize—enveloped no doubt in exceptional and temporary privileges,
but nevertheless clearly formulated—the promise of the permanent, ordinary,
transmissible jurisdictional powers needed to preserve the revelation
unaltered down the ages, and for taking, as circumstances might dictate,
all the measures required for the spiritual good of souls. "The Paraclete,
the Holy Ghost, whom the Father will send in my name, he will teach you
all things, and bring all things to your mind, whatsoever I shall have
said to you" (John xiv. 26); "It is expedient for you that I
go; for if I go not, the Paraclete will not come to you: but if I go I
will send him to you" (xvi. 7); "When the Spirit of Truth is
come, he will teach you all truth" (xvi. 13); "Go ye into the whole
world and preach the gospel to every creature" (Mark xvi. 15);
"Going therefore, teach ye all nations. . . teaching them to observe
all things whatsoever I have commanded you: and behold I am with you all
days, even to the consummation of the world" (Matt. xxviii. 19-20);
if the brother who has sinned "will not hear the church, let him be
to thee as the heathen and the publican. Amen I say to you, whatsoever
you shall bind upon earth shall be bound also in heaven, and whatsoever
you shall loose upon earth shall be loosed also in heaven" (Matt.
xviii. 17-18).
4. Points Of Divergence: Does The Extraordinary Jurisdiction Contain The
Permanent Virtually Or Formally?
How are we to understand the power of jurisdiction indicated in these
great texts?
Is it only, as Bellarmine and Suarez believe, an exceptional power to
found the Church, one in which the regular power for conserving her would
be contained only in potency, virtually, analogically, as the flower in
the stem, the effect in its cause? If we take this view, the Church would
have received her definitive statute, not immediately from the hands of
Christ, but from those of the Apostles.
Was it not rather, as Cajetan, John of St. Thomas, and many modern theologians
believe, an exceptional power to found the Church in which the regular
power of conserving her was contained expressly, formally, univocally, as
a part in the whole?
In support of this second view we may bring a twofold argument:
a. All theologians admit that the Apostles possessed the plenitude of
the power of order and a mission to hand it on to the bishops, their
successors. But if the plenitude of the power of order is the basis of,
and normally brings with it, an ordinary jurisdictional power [845] is it
not natural to conclude that the Apostles, who possessed the power of
order in a regular and transmissible way, possessed also an ordinary and
permanent jurisdictional power in a regular and transmissible way, masked
if you like under their extraordinary jurisdictional power; and that they
had a mission to pass it on to their successors? The bishops then would
be successors of the Apostles not only as regards their power of order
but also as regards their regular power of jurisdiction.
b. If that is so, the proposition we meet with in the Fathers,[846] and which
the Church makes her own,[847] according to which the bishops are the
successors of the Apostles, can receive its full meaning. On the
contrary, Bellarmine and Suarez are led to maintain that the Apostles
possessed only the extraordinary and intransmissible jurisdiction, and
did not formally have the ordinary and transmissible episcopal
jurisdiction.
Hence the important consequence: according to the commoner view, which
I have adopted, the Church received her definitive jurisdictional
constitution immediately from the hands of Christ.
5. Peter's Reception, Direct From Christ, Of Not Only His Extraordinary
Apostolic Power But Also His Permanent Power Over The Whole Church
For Peter, at least, what was received immediately from the hands of
Christ was indubitably a regular ordinary power, transmissible for all
time; in virtue of it, on the precise point of the government of the
universal Church, his relation to the other Apostles was not one of
equality, but the relation of a shepherd to his flock. The Saviour made
him not merely the same promises as he made to the others, but promises
still more astonishing by which he was designated as the foundation stone
of the Church and the keybearer in this world of the Kingdom of
Heaven—"And I say to thee: That thou art Peter; and upon this rock
I will build my Church, and the gates of hell shall not prevail against
it. And 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" (Matt. xvi. 18-19)—and again: "Feed my sheep"
(John xxi. 16-17). When He made these promises, the new powers conferred
thereby were, besides the exceptional and intransmissible powers common
to all the Apostles, the regular, permanent, transmissible powers in
virtue of which, from the morrow of the Ascension, Peter and his
successors were to be the ultimate visible foundation of the Church, the
stewards of the Kingdom of Heaven, the supreme shepherds of all the sheep
of Christ. The divine Word, by reason of the mysterious love that impelled
Him to become incarnate to heal our wounds through this sensible contact,
had willed to become Himself the Master, Teacher and Visible Head of the
apostolic band, which He sent to preach the Kingdom of God; at the same
stroke He had willed to give His Church its first constitution by
organizing it around Himself as a single visible centre. When He withdrew
His visible presence from men, He had either to replace this first
organization of the Church by a new one, or else, if He wished to
preserve His work as it stood and develop it along its original lines, to
have recourse to the sole remaining solution: namely, to single out one
of the Apostles from the rest by promising him a special assistance, powerful
enough, effectual enough, to enable him to become the visible spokesman
of Christ, His Vicar on earth, a permanent visible centre of organization
for the universal Church. "Since Christ was about to withdraw His
bodily presence from the Church, "says St. Thomas Aquinas, who here
touches the root of the question, "He needed to appoint one to take
His place in governing the whole Church. Wherefore, before His Ascension,
He said to Peter: Feed my sheep; and before His Passion: Thou, being once
converted, confirm thy brethren; and to him alone He made the promise: To
thee I will give the keys of the Kingdom of Heaven; whence it results
that in order to safeguard the unity of the Church, the power of the keys
was to descend from Peter to the others."[848] And again: "If
the power of binding and loosing was given to all the Apostles in common,
nevertheless a hierarchy appears in this power, and that is why it is
given first to Peter alone, as to him from whom it should pass down to
the others."[849]
6. The Permanent Jurisdiction Distributed, By Divine Ordinance, On Two
Planes: Either Particular Or Universal
"And it cannot be said, "continues St. Thomas, "that although
He conferred this dignity on Peter, it does not pass from him to others.
For it is evident that Christ so instituted His Church that it would
endure to the end of the world. . . and that those He appointed to the
ministry then and there, were, for the good of the Church, to communicate
their powers to their successors until the end of time: especially since
He says: Behold I am with you all days, even to the consummation of the
world."[850]
As the privileged and exceptional powers of the Apostles became gradually
extinct, and their regular, permanent and transmissible powers alone
survived, it more and more appeared that, unlike the regular power of
Peter which extended over the universal Church, the regular powers of the
others were destined by their nature to feed particular flocks and to be
limited to local Churches: Timothy seems to rule in Ephesus (1 Tim. i. 3)
and Titus in Crete (Titus i. 5).
Consequently, it was due to a provision of divine law that the regular
jurisdictional power was to reside, on the one hand in the Apostles and
their successors so as to make them shepherds of a particular flock; and
on the other, in Peter and his successors, so as to make them supreme
shepherds of the universal flock. By the imprescriptible will of Christ
the hierarchy of the Church had, as regards the power of order, three degrees,
bishops, priests, and ministers, but, as regards the power of
jurisdiction, two: the supreme pontificate or Papacy [851] and the
subordinate pontificate or episcopate. "If the power of Peter and
his successors is plenary and sovereign, "wrote Leo XIII in his Letter
Satis Cognitum, of the 29th June 1896, "we are not to believe that
there is no other power in the Church. He who established Peter as the
foundation of the Church also chose twelve of them whom also he named
Apostles (Luke vi. 13). And just as the authority of Peter was to be
perpetuated in the Roman Pontiff, so the ordinary power of the Apostles
passes to the bishops who succeed them, so that the episcopal order is a
necessary part of the internal constitution of the Church. And although
their authority is neither plenary [in the sense in which that of the
Pope is plenary] nor universal, nor sovereign, they are nevertheless not
to be regarded as simple vicars of the Roman Pontiff, for they possess an
authority proper to themselves, and are very truly called the ordinary
prelates of the peoples they govern."
To define the relations between the Papacy and the episcopate—that is
between the two degrees of the fourth of the great divisions of the
permanent jurisdiction—we must apply, on the supernatural plane, the
general principle that the good of the part and the good of the whole
differ not only quantitatively according to more or less, but also
qualitatively according to species.[852] Then we shall be in a position
to determine with some precision the relations between the episcopal
jurisdiction, ordered immediately to the good of a particular Church, and
the papal jurisdiction, ordered immediately to the good of the universal
Church.
7. The Derived Divisions Arising From Canon Law
The other divisions of the power of jurisdiction do not arise from the
divine law but from the ordinances of ecclesiastical law. Just as, in
effect, the Church has extended the power of order of deacons, of the
simple ministers, to several inferior functions (sub-diaconate and Minor
Orders), so she has extended the power of jurisdiction to several
inferior levels. The power of the sovereign pontificate, participated up
to a point, has given birth to the power of the Cardinals, of the Roman
Curia, of the Legates, of the Patriarchs, of the Primates, of the
Metropolitans, of the Vicars and Prefects Apostolic, of the superiors of
religious and so on. If the Patriarchs of Alexandria and of Antioch had,
for example, according to the old ecclesiastical discipline, the right
to appoint the bishops of their provinces and to exercise other functions
of a general order, this was not in virtue of powers properly belonging
to their episcopal office; it was in virtue of added powers, which they
possessed, in reality, as vicars of Peter. The episcopal power is shared
by the Vicars-General, for example, or, in a limited way, by the simple
parish priests who can preach, administer the sacraments and grant
certain dispensations. But the jurisdiction proper to the Pope is never
devolved otherwise than partially—for example, on the Roman Congregations;
hence, although it is ordinary, that is to say attached to their office,
the jurisdiction of the Roman Congregations is not a proper but a
vicarious jurisdiction. So also the jurisdiction proper to the bishops is
only partially devolved on the parish priests; hence, although it is
ordinary, i. e. attached to their office, their jurisdiction is not a
proper but a vicarious jurisdiction. These secondary divisions of the jurisdictional
power are studied in Canon Law.
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II. THE PARTICULAR JURISDICTION PROPER TO BISHOPS
1. Unitary Episcopate And Collegiate Episcopate
The regular powers of the Apostles passed to the episcopate which, in
the beginning, was sometimes unitary, sometimes collegiate.[853] Where the
episcopate was unitary, that is to say in numberless Christian
communities, no difficulty arises. Where the episcopate appears as
collegiate, three suppositions are possible. Either we may suppose that
the presbyters, who, as the Epistles of St. Paul and St. James show,
presided together in certain Churches, were all true bishops—and they
certainly were so at Alexandria, where they replaced a deceased bishop
not only by electing, but also by consecrating his successor—and then
there is no difficulty about the transmission of the hierarchic powers.
Or we may suppose on the contrary that they were simple priests, one
only among them being truly bishop, and then the hierarchic succession
was assured by the latter. Finally, supposing that none were more than
simple priests, we should have to say that it was owing to authentic
itinerant bishops—such as Timothy and Titus to some extent were—that
the apostolic powers came down over their heads to us. Which of these
suppositions was verified in fact may be left to the decision of the
historian.[854]
2. The Episcopate, In Divine Law, Established For Particular Churches
The episcopate early appears as the authority instituted for a particular
Church, a local Church. That applies also to the collegiate episcopate
[855] no less than to the unitary. The seven angels to whom St. John
addressed his Apocalypse represent the bishops—not really angels, since
some of them are reprimanded—as identified with their respective local
Churches. Later on, towards 110 St. Ignatius of Antioch refers to the
bishop as exercising the supreme power in each local Church: "Be
careful to partake of one Eucharist; for there is but one flesh of our
Lord Jesus Christ, one cup to make us one in His blood, one altar, as there
is but one bishop surrounded by the priests and deacons."[856] His power,
according to St. Ignatius, is plenary: "Wherever the bishop appears
there also let the people be; as wherever is Jesus Christ there is the
Catholic Church. Without the bishop it is not lawful either to baptize or
to celebrate the Agape, agapen. But all that he shall approve will be
pleasing to God; and so all that is done will be sure and valid. . . A
sound maxim is to keep God in view always and the bishop. He who honours
the bishop is honoured of God; to act without the bishop is to serve the
devil."[857] Here, clearly, we have the episcopal power, and limited to a
local Church.
The bishops, says the Code of Canon Law, in a text already cited, "are
the successors of the Apostles, and, in virtue of a divine institution,
they are placed at the head of particular Churches, which they rule with
an ordinary power, under the authority of the Roman Pontiff".[858]
3. The Bishop's Powers As Shepherd Of His Own Particular Flock
The bishop is the shepherd of the flock assigned him. It can be said
that, in the widest sense, the role of a shepherd is to attend to the
preservation and propagation of life within the flock itself. In a
narrower sense, the shepherd has to lead the sheep in the right path.
These two roles, that of looking after the preservation and propagation
of spiritual life, and that of directing the belief and action of the
faithful, belong to the bishop: the first in virtue of the power of
order, and the second in virtue of the power of jurisdiction.
The bishop possesses the plenitude of the power of order. Ordinarily
it is he who confirms Christians in the grace of their Baptism. Above
all, he alone can ordain priests, and it is by their ministry that the
waters of Christ's redemption spring up day by day in every place in the
midst of the flock to preserve and propagate life—that is to say,
grace.
Besides the episcopal power of order, the bishop possesses the episcopal
power of jurisdiction. The bishop's jurisdiction over his local Church is
plenary, immediate, proper or ordinary. It can be exercised even during a
vacancy of the Holy See.[859]
a. The spiritual jurisdiction of the bishop over his flock is first of
all plenary. He has authority to teach in the name of Christ the
speculative truth to be believed. "A bishop. . . must be able to
exhort in sound doctrine and to convince the gainsayers" (Titus i.
g); and by way of comment on these words of St. Paul, St. John Chrysostom
writes: "If he does not do it, all is lost. He who does not know how
to resist the enemy, how to bring all minds captive to the obedience of
Christ, how to dispose of false reasonings, he who is unable to teach
according to true doctrine, let him not occupy the throne of doctrine.
Other qualities may be found among the faithful. . . but the thing that
characterizes the master is the power of making his word understood."[860]
He has authority moreover to lay down, in Christ's name, the
speculatively practical and practically practical truth to be observed.
Or, to turn to another way of dividing the jurisdictional powers, the
bishop, who is the guardian of faith and morals in his own diocese, has
(1) to put the faithful in mind of the great revealed teachings of the
Christian faith and the great revealed imperatives of Christian morals
(primary message); (2) to hand on to them the general prudential measures
promulgated for the universal Church (secondary message); and (3) to
exercise the canonical power himself, on his own responsibility, with a
view to assuring a better acceptance of the primary message and the
universal secondary message in his own diocese; so that in the things
that concern the salvation of souls—in those things alone, but in all
of them—he has the sole authority to legislate, to judge, and to apply
sanctions.[861] And if simple parish priests are called pastors, they are
known to be so only in a vicarious way (their ordinary jurisdiction
derives, by a provision of ecclesiastical law, from that of the bishops),
and partially (they can preach, and administer the sacraments, grant
certain dispensations, but not legislate). "Properly speaking,"
says St. Thomas, "the bishop alone is head of the Church, he alone
wears the nuptial ring of the Church, he alone possesses as of personal
right the full power of dispensing the sacraments and the judicial power
that the others only borrow. The priests who have the cure of souls are
not true rulers but coadjutors of the bishop: the weaker we are says the
bishop when consecrating them, the more we have need of such aids. And
that is why it does not belong to them to administer all the
sacraments."[862] Thus when the bishop, thanks to the plenitude of
the power of order, has given his flock Christ and the grace of Christ,
he keeps them, by the power of jurisdiction, in unity of belief and unity
of action." The bishops says the Code of Canon Law, "have the
right and the duty of governing their dioceses in both spiritual and
temporal matters, with legislative, judicial and coercive power, to be
exercised according to the rule of the sacred canons."[863] And again:
"Although the bishops either singly or sitting in local Councils
have no doctrinal infallibility, they are, nevertheless, under the
authority of the Roman Pontiff, true teachers and masters of the faithful
committed to their care."[864]
b. The bishop's jurisdiction is immediate. He can reach every member
of his flock directly without having to go through any intermediary. In
the thirteenth century there were some who contested this truth. In their
fierce struggle against the mendicant orders, Franciscans and Dominicans,
William of St. Amour and Siger of Brabant denied that jurisdiction to
preach and hear confessions could be delegated to these religious. They
maintained that the bishops, having given this double jurisdiction to the
priests, could no longer resume it and delegate it to others, and that
they themselves had no longer any right to exercise it in the parishes of
their dioceses save only with the assent of the parish priests. The
archbishop, they said, does not directly intervene in the suffragan
dioceses save only to deputise, and it is the same with the bishop in the
parishes. It was then, in defence of the mendicant orders, that St.
Thomas wrote his Contra Impugnantes Dei Cultum et Religionem, in which he
recalled the traditional doctrine on the jurisdiction of bishops and of
parish priests: "There is no parity," he says, "between
the relation of the priest to his bishop and that of the bishop to his
archbishop. For the archbishop has no immediate jurisdiction over the
diocesans of another bishop, save in matter specially referred to him
[nisi ex appellatione]; but the bishop has immediate Jurisdiction over
the parishioners of his priests, so that he can cite any one of them before
him and cut him off from communion. . . The difference arises from the
fact that the power of the priest, being imperfect, is under the power of
the bishop both by its own nature and by the divine law. The bishop is
subject to the archbishop only in virtue of a provision of the
ecclesiastical law and within its limits. The priest on the contrary, who
is subject to the bishop in divine law, is subject to him in all
things."[865]
c. Lastly, the bishop's jurisdiction is ordinary, and properly his.[866]
With the Code of Canon law [867] we may call a jurisdiction "delegated"
when it is merely lent to a person, and "ordinary" when it is affixed
to an office. Ordinary jurisdiction is called "proper" when the
office is exercised as by a second cause, and "vicarious" when
exercised as by a mere transmitter in the name of another.[868]
The full and immediate power we have thus defined is held by bishops
appointed to a diocese (residential bishops) in a proper way. The vicars
and prefects apostolic, on the contrary, appointed to mission fields
where as yet no hierarchy has been set up, hold it only, even when they
are bishops (titular bishops, or in partibus infidelium), in a vicarious
way. The residential bishops act in their own name as true second causes;
the vicars and prefects apostolic act in the name of the Sovereign
Pontiff as instruments and legates. Hence, while the vicarious
jurisdiction of the vicars and apostolic prefects, which is of
ecclesiastical law, can be made and unmade according to the will of the
Sovereign Pontiff, the ordinary jurisdiction of residential bishops,
which is of divine law, cannot be repealed. Christ who is "the
shepherd and bishop of your souls" (1 Pet. ii. 25) wished to give
His sheep dispersed through the world something more than mere itinerant
missionaries, legates simply transmitting instructions from afar; he
wished to give them responsible rulers, who should prepare them suitable
daily nourishment, live with their life, partake of their destiny both
spiritual and temporal, and share all their sufferings and joys. These
are the true pastors of whom the Vatican Council speaks, whose
jurisdiction carries on the permanent jurisdiction committed long ago to
the Apostles by which each is to feed and rule—the particular flock
assigned him, "episcopi qui positi a Spiritu sancto in apostolorum
locum successerunt, tanquam veri pastores, assignatos sibi greges singuli
singulos pascunt et regunt".[869] They are bound too, either in one
way or in another, to give their lives for their sheep.
4. The Episcopal State Of Its Nature A State Of Perfection
We may now understand what tradition means when it calls the episcopal
state a state of perfection. According to St. John Chrysostom the
episcopal life is more difficult, but also more perfect, than the
monastic life; for all the purity which the monk preserves in the desert
and which enables him to say with St. Paul: "I live, now not I, but
Christ liveth in me" (Gal. ii. 20), must be brought by the bishop
into the midst of the world, so that, with all his sheep behind him, he
may stem the current of the world.[870] St. Thomas takes up this noble
doctrine. For him, the episcopal life demands perfection, at least
initial, for its end is to bring souls to perfection; religious life
demands only the desire for perfection. "Perfection is a
prerequisite for the episcopal state and that is why the Lord, before
committing the pastoral charge to Peter, asked him whether he loved Him
more than the others. It is not a prerequisite for the religious state,
since this is meant to lead souls to perfection; wherefore the Saviour
did not say: If thou art perfect, go and sell all that thou hast, but: If
thou wouldst be perfect. . . The reason for this difference is, according
to Dionysius, that whereas perfection belongs to the bishop in an active
sense, and as in one who brings others to perfection, it belongs to the
monk only in a passive sense, as in one who is to be made perfect. To
lead others to perfection one must be perfect, but this is not needed in
order to be led to perfection."[871] We recognize here the spirit of
Christianity, calling upon man to be more than himself; the episcopal
state of life is above the life of many of the bishops, the sacerdotal
state of life is above the life of many of the priests, the Christian
state of life is above the life of many of the baptized. It is only the
saints who rise to the height of their vocation; and yet they suffer more
acutely than any from their own unworthiness. As for the others, it
remains for them to recognize their defects, to repudiate them
unceasingly in their hearts and in their lives, and to throw themselves,
when they come to die, on the infinite mercy of God.
5. The Bishop Ruler, Pastor And Foundation Of His Own Particular Church In
Christ's Name Alone
The head of the Church is the bishop; the head of the Church is Christ.
Some appear to be puzzled when we confess both these truths. They find
them irreconcilable, as though we gave the word "head "the same
meaning in both propositions. So they offer us the choice, the bishop or
Christ. And when we declare for both they talk of a bicephalous or a
polycephalous Church. Scripture, however, which says that Jesus Christ is
the foundation (1 Cor. iii. 11), also says that the Church is founded on
the Apostles (Eph. ii. 20); it says that Christ is the Shepherd (John x.
II), and the prince of shepherds (1 Pet. v. 4), and it also says that the
elders are shepherds (1 Pet. V. 2). And did not Christ Himself say to the
Apostles: "Whoso heareth you, heareth me" (Luke x. 16)? Where
these people say "juxtaposition", all traditional Christianity
along with the Scriptures says "subordination".
Consider, for example, the Epistles of St. Ignatius of Antioch. He writes
to the Ephesians: "Every steward, sent by the master to govern his
house, should be received as if he were the sender; wherefore the bishop
should be regarded as the Lord Himself" (vi. I). And to the
Magnesians: "It is the very power of God the Father that you should
reverence in your bishop. Such, I believe, is the conduct of your holy
priests: they have not taken advantage of his apparent youth; but full of
the wisdom of God they are subject to him; or rather not to him but to
the Father of Jesus Christ, the universal Bishop" (iii. I). And to
the Ephesians again the beautiful words so often cited: "You ought
to have but one mind with your bishop, and so indeed you have. Your
venerable presbyterium, truly worthy of God, is fitted to the bishop as
the strings to a harp, and so from the perfect accord of your thoughts
and your charity a chorus of praise goes up to Jesus Christ. Let each
of you enter this choir; then in the harmony of your hearts the very note
of God will sound in your unity, and you will all sing together with one
voice, through Jesus Christ, the praises of the Father; who will hear
you, and by your good works will recognize you as members of His Son.
Thus it is profitable for you to keep unbroken unity; and so enjoy a
never-failing union with God Himself" (iv).
All is not yet said on the jurisdiction of the bishops. For besides
their episcopal jurisdiction which is particular, and held as proper to
themselves, the bishops, taken together and as a college, have always
since the earliest days of the Church, participated in the papal
jurisdiction which is universal.
==================================================
III. THE UNIVERSAL OR SOVEREIGN JURISDICTION
1. Providential Reason For A Sovereign Jurisdiction
A. Monarchical Government Meets The Need Of Local Churches: Still More Of The
Universal Church
The whole jurisdictional order of a particular or local Church, explains
St. Ignatius, derives from the bishop. At Antioch the bishop was Ignatius
himself; at Smyrna, it was Polycarp; at Ephesus, Onesimus; at Magnesia,
Damasus; at Tralles, Polybius. But these local Churches were not
independent; they were parts of a whole, members of a body, portions of
the universal Church, of the Katholike: "Where the bishop appears,
there let the people be; as wherever is Jesus Christ, there is the
Catholic Church."[872]
By thus comparing the local community gathered round its bishop with
the universal Church gathered round Christ, St. Ignatius shows that the
unitary episcopate, precisely because it reflects the law that gathers
the universal Church round Christ, the Prince of Pastors (1 Pet. v. 4),
is more deeply stamped on the ecclesiastical structure than the
collegiate episcopate; that it, and it alone, answers to the need for a
definitive jurisdictional organization. In point of fact the plural or
collegiate episcopate, which might have answered special needs, very
quickly disappeared and gave place to the unitary and monarchical form;
and this change may be seen to have begun during the lifetime of St.
Paul.[873]
But St. Ignatius indicates another truth at the same time. The local
Church is not a whole, a collective person in the strict sense, a perfect
society. It exists only as a member of the universal Church, which latter
alone is strictly a whole, a collective person, a perfect supernatural
society. The universal Church, the Katholike, that is the first object of
the divine solicitude. This is what Jesus calls "my Church"
(Matt. xvi. 18), the "one flock" (John X. 16), "my
kingdom" (John xviii. 36) which is to cover all nations (Matt.
xxviii. 20). It is a single people gathered up from Jews and Gentiles
(Eph. ii. 14). Behind the seven particular Churches of Anatolia to whom
his Apocalypse is addressed, St. John personifies the unity of her
historical existence in the image of the Woman fighting against the
Dragon. For she is indeed a Person, the Spouse of Christ (Eph. v. 23; Apoc.
xxi. 2 and 9), His Body (Eph. i. 23). She alone has the promise of
indefectibility (Matt. xvi. 18), and not the local Churches; for as to
these, by reason of their laxity, their candlestick may be removed out of
its place (Apoc. ii. 5).
Thus the local Church lives within the universal Church as a part within
its whole, as a member in the body. In consequence a very natural
induction presents itself. If it is a structural law of each local
Church, a law attested in the letters of St. Ignatius, and later in the
De Unitate Ecclesiae of St. Cyprian,[874] that the supernatural unity of
belief and action cannot be maintained save by the grouping of all the
people around the bishop who, in all that concerns jurisdiction,
manifests the authority of Christ and is, as it were, a continuation of
His visible and corporeal presence—if this fundamental law is valid for
the part, how should it not be valid for the whole? Obviously we must
transpose it from the plane of the local Church to that of the universal
Church; for the universal Church is no merely material juxtaposition
but the organic assembly of all the local Churches: and a much vaster,
richer, and more complex unity of belief and action can be maintained by
the grouping of all around a single pastor; in all that concerns
jurisdiction, he is a still higher manifestation of the authority of
Christ than the bishop, and, as it were, a continuation of His visible
and corporeal presence.[875]
B. The Reason For This Need: The Church, Founded Round A Single Visible Head,
Is To Retain This Essential Structure
The fundamental reason for having a single visible head is that the
Church was from the first gathered together by the authority of a single
visible Pastor, Christ. Thus she could retain her primitive structure
after His bodily presence was withdrawn, only if He placed her under the
authority of a single visible head, and gave him the assistance he would
need to be the age-long foundation on which she would stand, the
depositary of the jurisdictional power which would open her doors or
close them, and the sovereign pastor who was to rule her. Here we
penetrate to the roots of the whole Christian hierarchy. The law of the
Incarnation is always valid; Christ continues to save us as He began, by
bodily contact with His sanctity. But, after His ascension into heaven,
where He lives under His own appearances, He could maintain a sensible
corporeal contact with us only by means of appearances not His own. So,
just as He continues to make contact with us by His substance, under the
appearances of bread and wine, so He continues to make contact with us by
His action, under the appearances of the hierarchy. To be more precise
still, He continues to make contact by exercising among us His external
and sensible authority as Prince of Pastors; no longer directly in Himself
as once He did, but through the ministry of a vicar, of a supreme visible
pastor sufficiently assisted by Him to be, in all that concerns the
jurisdictional order, the embodiment of His authority and the
continuation of His sensible and corporeal presence.[876]
C. The Witness Of The New Testament To The Primacy
That is why Jesus, having come to the regions of Caesarea Philippi,
said to that disciple who, speaking for the rest, had just confessed Him
for the first time to be the Son of the living God,[877] that to him, to
Simon son of John, an office would be entrusted; that he was to be the
basis of the work that He would build in the world and would call His
Church, not to be overthrown by all the powers of hell; that he should
keep the keys that open and close here below the gates of the Kingdom of
Heaven; that he should bind and loose consciences in the name of heaven:
"And I say unto thee that thou art Peter and upon this rock I will
build my church and the gates of hell shall not prevail against it. And
I will give unto thee the keys of the kingdom of heaven, and whatsoever
thou shalt bind upon earth shall be bound also in heaven, and whatsoever
thou shalt loose on earth shall be loosed also in heaven" (Matt.
xvi. 18-19).
That again is why, later on, having appeared to the disciples on the
shores of the Lake of Tiberias, and having eaten with them a little bread
and fish, Jesus, turning again to Peter, appointed him supreme pastor of
His sheep and of His lambs: "When they had eaten Jesus saith to
Simon Peter: Simon, son of John, lovest thou me more than these? He saith
to him: Yea Lord, thou knowest that I love thee. He said to him: Feed my
lambs. He saith to him again: Simon, son of John, lovest thou me? He
saith to him: Yea, Lord, thou knowest that I love thee. He saith to him:
Feed my lambs. He saith to him the third time: Simon, son of John, lovest
thou me? Peter was grieved because he had said to him the third time, Lovest
thou me? And he said to him: Lord, thou knowest all things: thou knowest
that I love thee. He said to him: Feed my sheep" (John xxi. 15-17). We must
either throw doubt on the Gospel or else admit that Peter is the
foundation and supreme pastor of the universal Church for as long as it
shall endure upon earth.[878]
What do we see on passing from the Gospels to the Acts of the Apostles,
from the regime which preceded the Ascension to that which followed it?
In the earlier regime, one Person only counts, one around whom the Church
is built up, the Person of Jesus. In the later, another appears at the
Church's centre, he to whom the promises were made, the person of Peter.
It is he and none other who rises up "in the midst of the brethren
"to pass sentence on Judas in their name, and to prompt them to
choose a successor (i. 15-22). It is he who explains to the Jews the
meaning of the life and death of Jesus, and of the events of Pentecost
(ii. 14-36). It is he who exhorts them to receive the gift of the Holy
Spirit through repentance and Baptism (ii. 38-41). It is he, Peter, and
not John, who heals the lame beggar at the gate of the Temple (iii.
6). He explains to the people how all the Messianic prophecies have been
fulfilled in Jesus (iii. 24). He asserts before the Elders of Israel that
apart from Christ there is no salvation (iv. 12). He discovers the double
lie of Ananias and Sapphira (v. 1-11). His mere shadow heals the sick who
lie in wait for him (v. 15-16). In the name of the Apostles he proclaims
that God must be obeyed rather than men (v. 29). He deals with Simon the
Magician (viii. 20-24). He is warned by the Lord in a vision that the
time has come for him to open the doors of the Church to the Gentiles (x
and xi). He takes up the defence of Paul and Barnabas against those who
reproached them for relying on the grace of the Lord Jesus alone and not
on circumcision (xv. 7-11). And if Paul, in order to convince the
Galatians of the excellence of his gospel and the absolute confidence it
deserves, boasts of having resisted Peter himself at Antioch, on account
of conduct that seemed to defer to the Judaizers (Gal. ii. 11-14), that
is surely an indirect testimony to the prestige that surrounded Peter in
the primitive Church. Peter's pre-eminence could have been recognized
from the beginning only because it was founded on the Gospel promise.
D. The Three Ages Of The World: The Age Of Pentecost To Be That Of The
Primacy Of Peter
Jesus, who announced the pre-eminence of Peter, also foretold the coming
of the Holy Spirit. The book of the Acts of the Apostles shows us the
simultaneous fulfilment of these two promises. The age of the Holy
Spirit, which is to be the last age of the world, will also be that of
the primacy of Peter. Can we discover the reason for this economy? It has
been remarked that we can divide the world's history into three great
epochs according to the three divine Persons, provided that we recognize
that the age of the Spirit began with the Apostles, whereas the heresies
have postponed the great outpouring of the Spirit that Jesus promised till
long after Pentecost. But if we distinguish three successive ages it is
not therefore to be thought that the reign of the Father was to disappear
before the reign of the Son began, nor that of the Son before that of the
Spirit. How are we to reckon these three ages?
With some of the ancients we can say [879] that the age of the Father
preceded the Fall. Then God governed His people without visible
intermediary and the Church was not yet constituted.
The age of the Son began after the Fall and continued till the death
of Jesus: God then decided to gather His people round a Mediator, and the
Church, which is the Body of Christ, came to birth. But first of all the
Mediator has to be hoped for, awaited: and so we have the long
preparatory period of the age of the Son which we have called the first
regime of the Church.[880] Then the Mediator appeared: God governed His
people through the human nature of Christ coming among us visibly to
effect our redemption and to organize His Church. It was the epoch par
excellence of the age of the Son. It was very short. It prepared the
imminent coming of the Spirit.
The last age of the world is the age of the Spirit. God governs His
people through the human nature of Christ, who has now entered into the
spiritualizing light of glory,[881] and preserves contact with us through
the hierarchy. This is the present regime of the Church. It is important
to note that the second age came to add new benefits to the first: the
providential action by which God had begun to sanctify the world did not
grow weaker; on the contrary, it was intensified, when the Mediator
appeared. And the third age in its turn will add new benefits to the
second: "It is expedient for you that I go: for if I go not, the
Paraclete will not come to you; but if I go, I will send him to you"
(John xvi. 7).[882] The Holy Spirit is the supreme mystical personality
of the Church; He continues to rule her in the third and last age of the
world, through the heart and mind of this Christ whom God "has raised
from the dead and set on his right hand in the heavenly places" to
make Him Head over all the Church (Eph. i. 20, 22). The supreme unity of
the Holy Spirit, as also the unity of the glorified Christ, both hidden
from our eyes, must be externally expressed, so that their single voice
may be audible to the senses of men. And they could not have chosen a
simpler instrument, a clearer "sacrament" of their single and
sovereign but invisible jurisdiction, than by investing with the supreme
visible jurisdiction a single head who should gather all the Church
around himself. Surely we have here the reason why the Gospel, which announces
the age of the Spirit, the last age of the world, tells of the
pre-eminence of Peter and his successors. We have here also the reason
why the Acts of the Apostles, which relates the inauguration of the age
of the Spirit, relates also the inauguration of the primacy of Peter and
his successors. In a word, the age of the Spirit does not suppress the
law of salvation by corporeal contact with Christ, and what has once been
given us is not to be withdrawn: "Behold I am with you all days to
the consummation of the world. "But, for immediate contact with the
passible Body of Christ, it substitutes a mediate contact with His "spiritual
Body", which is in heaven under its proper appearances and becomes
accessible to us only under the veil of borrowed appearances.
E. The Pope's Power Derived Immediately From Christ; That Of The Bishops,
Through The Mediation Of The Pope
The particular Churches are portions of the universal Church. They live
only when they share the rhythm of the universal Church. When isolated or
separated from her, their condition rapidly changes and they fall under
an alien law. The regular pulse of life slows down, narcosis sets in,
even decomposition. But the jurisdiction of their local bishops benefits
them in that these Churches are kept in close union with the supreme
source of jurisdiction in the universal Church. The bishops exercise
their jurisdiction in dependence on that of Peter.
Christ, as we have said, bestowed on the Apostles immediately, besides
certain exceptional and temporary powers of which they were the sole
depositaries, the regular and permanent powers of which they were the
first depositaries. However, although it was conferred on them
immediately by Christ, the regular jurisdiction proper to each of the
Apostles, which they would hand on to their successors, did not belong to
all of them in the same degree or by the same right. Not in the same
degree, for in Peter it was sovereign and universal while in the others
it was subordinated and particular. Not by the same right, for in Peter
it dwelt as in a fountainhead, in the others as something derived. It was
by a special favour, as we have seen, that Christ Himself bestowed on the
Apostles a jurisdictional power which, normally, was to reach them
through Peter as intermediary.[883] The consequence of this doctrine is
that as time went on the jurisdictional power would devolve differently
on the Pope and on the other bishops. On the Pope it is bestowed
immediately by Christ as soon as he is validly elected.[884] To the
bishops it is given mediately, through the Pope: the Saviour, says
Cajetan, sends down His power first on the head of the Church, and thence
to the rest of the body.[885] When a Pope is created the electors merely
designate the person, and it is Christ who then confers on him
immediately his dignity and power. But, when the Sovereign Pontiff,
either of himself or through others, invests bishops, the proper
jurisdiction they receive does not come to them directly from God, it
comes directly from the Sovereign Pontiff to whom Christ gives it in a
plenary manner, and from whom it comes down to the bishops: somewhat
after the manner of the life-pulse that begins in the heart and is transmitted
thence to the other organs. And that is why the Sovereign Pontiff must
not be conceived as merely designating bishops who then receive directly
from Christ their proper and ordinary authority; but as himself
conferring the episcopal authority, having first received it from Christ
in an eminent form.[886]
The Encyclical Satis Cognitum of the 29th June 1896 confirms all this.
Two passages are cited from St. Leo the Great on the eminent dignity of
the Apostle Peter: "The divine condescension. . . if it willed that
the other princes [of the Church] should have certain privileges in
common with him, has never given save through him what it has not refused
to the others [nunquam nisi per ipsum dedit quidquid aliis non negavit]
[887] and "Although he received many things for himself alone,
nothing was granted to any other without his participation [cum multa
solus acceperit, nihil in quemquam sine ipsius participatione transierit]".
Then Pope Leo XIII attaches to this principle the common doctrine
according to which schism, in itself, deprives the bishops of all
jurisdiction.[888] "Whence we see clearly that the bishops would lose the
right and the power to govern if they willfully separated themselves
from Peter or his successors."
However, to say that the bishops' jurisdiction comes down to them from
the Sovereign Pontiff is not to say that it comes down to them by the
mere will of the latter or in virtue of a free canonical provision. The
power to bind and to loose committed to Peter alone, the supreme pastor
of the Church, as in its source—"Whatsoever thou shalt bind on earth
shall be bound also in heaven" (Matt. xvi. 19)—is, by a
constitutional provision, to come down to the secondary
pastors—"Whatsoever you shall bind on earth shall be bound also in
heaven" (Matt. xviii. 18). The power of these last is doubtless
derived, but they hold it by the express will of Christ. Their
jurisdiction, although fully subordinated to that of the Sovereign
Pontiff, belongs to them nevertheless by divine law, not merely by
ecclesiastical law; in an ordinary and proper way, not in a delegated and
vicarious way; as an indispensable degree of the hierarchy, not as an
institution revocable by the Sovereign Pontiff. It is therefore
impossible to imagine the Papacy without the episcopate; both
institutions will endure as long as the Church endures, that is to say as
long as the world endures.
F. The Profound Kinship Of These Two Powers
Thus the jurisdiction of the Pope and the jurisdiction proper to the
bishops are bound up with each other. They are simply two forms, the one
supreme and extending over the universal Church, the other dependent and
limited to a local Church, of one same power coming from Christ, ordered
to the eternal salvation of souls, and, of its nature, spiritual.
Interfere with one, and whether you want to or not you interfere with the
other. Obviously, if with the Presbyterians you reject the jurisdictional
power of the bishops, you reject also the jurisdictional power of the
supreme bishop, of the Sovereign Pontiff. It is rather less evident
perhaps, but none the less certain, that if you reject the supreme
jurisdiction of the Pope, with the Anglican or Oriental Episcopalians,
you attack the indivisible scheme laid down by Jesus, apparent in
Scripture and stamped on the life of the primitive Church, by which the
bishop in the local Church is as the Pope in the universal Church. But if
it is true, as we have admitted, that the bishops receive their proper
and ordinary jurisdiction from the Pope, it becomes possible to give its
full significance to the truth announced by the Vatican Council when, having
asserted the primacy of the Roman Pontiff, it adds: "Far from being
an obstacle to the ordinary and immediate jurisdiction by which the
bishops established by the Holy Spirit as successors of the Apostles feed
and rule, as true pastors, the flocks respectively committed to them, the
power of the Sovereign Pontiff recognizes, confirms and defends it,
according to the words of Pope St. Gregory the Great to the Bishop of
Alexandria: My honour is the honour of the universal Church. My honour is
the strength and prosperity of my brothers. Then am I truly honoured when
the honour that belongs to each Of them by right is not refused
them."[889]
G. The Particular Power Of The Bishops Ruled, And Sometimes Limited, In Its
Exercise, By The Universal Power
The subordination of the jurisdictional power proper to bishops will
explain the limitations that sometimes affect its exercise. It can, in
fact, happen that what is needed for the general good of the Church as a
whole, runs counter—up to a point, or for a certain time—to the
immediate good of a local Church. Here again the universal outweighs the
particular, the interest of the whole body that of one of the members,
the glory of the Kingdom of God in the world, its glory in a diocese or
province. Hence in certain circumstances the supreme spiritual power can
partially restrain, in view of a greater good, not indeed the episcopal
power itself, but its exercise. At the Council of Trent, for example,
certain fully orthodox Bohemian bishops considered, that in their own
dioceses they would be better able to contend with the Hussite heresy by
re-establishing the custom of communion in both kinds for the laity; but
the Council, having in view the needs of the whole
Church, adopted a different opinion. Similarly, the Pope can for the
general good reserve to himself the granting of certain dispensations,
the infliction or removal of certain sanctions, or the exemption of
certain religious orders from episcopal jurisdiction and so on. The
tendency of this general overseeing will naturally vary with the times;
sometimes making for greater centralization, sometimes for less. But the
essential characters of the hierarchy can in no case be changed.
H. The Apostolicity Of Jurisdiction
The infinite power of the Father sustains the power of Christ the eternal
Pastor to whom all things have been committed in heaven and on earth;
Christ's power sustains the power of Peter, the universal pastor of all
the sheep; and this in its turn sustains on the visible plane, the power
of the bishops, each the pastor of the particular flock committed to him.
There we have the apostolicity of jurisdiction, a law announced in
Scripture and stamped on the origins of Christianity. It is a law of
hierarchy, of subordination.
Christ is the foundation, and none other can be laid (1 Cor. iii. 11),
and Peter too, representing Christ, is the foundation on which the Church
rests. Christ carries the Key of David, and none other can open or shut
(Apoc. iii. 7), and Peter also has the keys that open and shut the
Kingdom of Heaven. Christ is the Good Shepherd (John x), and Peter also
is the shepherd of the same sheep and the same lambs.
The Pope is the head and ruler of the Church, but only on the visible
plane, in the jurisdictional order, and in so far as he is assisted by
Christ during the limited duration of his pontificate; on account of all
these restrictions the Church cannot call herself the body of Peter, the
body of the Pope.[890] The Son of Man, hidden in the glory of the Spirit,
is Head and Ruler of the Church for all time, in an excellent and
incomparable manner, bestowing on her not only truth, but also grace:
hence the Church is truly His Body. And God Himself, in a still higher
sense, is Head and Chief at once of Christ and of the Church: "The
head of Christ is God" (1 Cor. xi. 3); and the Church is truly the
Mystical Body of the divine Word.[891]
1. The Mystery Of The Incarnation As Related To The Eucharist And The Primacy
Of Peter
To say that Peter, who was a man and could be only in one place at a
time, was chosen for head of a Church which is divine and universal,
seems to involve a union of contradictory attributes. But in
Christianity, this saying is neither isolated nor strange. It has a
familiar ring. It formulates a great mystery, but no new mystery; it is
but a particular application of the astonishing mystery of which
Christianity consists: God's will to envelop divine things in weakness,
and to enclose infinite things in space and time. He began by demanding
faith in the revelation that the fullness of the Godhead dwelt in a true
Man—corporeally, and that the Creator of heaven and earth was born on
our planet as a baby. Reconsider for a moment those two verses of St.
Luke (i. 26-27) in which, to announce the descent of eternity into time, immensity
into space, and spiritual liberty into the constraints of matter, every
kind of geographical and genealogical detail has been intentionally
accumulated. Later on came other words declaring that His Flesh would be
true meat and His Blood true drink: words uttered to unite, but seeming
to some to be intolerable, and thus dividing. Lastly, as if to keep in
step with all this, He proposed another mystery, inferior no doubt but
analogous, and chose, we will not say for His successor—that would
be blasphemous—but for His Vicar, that is to say for authorized
spokesman of His teaching and for depositary of an hitherto unexampled
power, a frail man whose inadequacy He dragged to light, and whose
denials He published in advance.[892] The Incarnation, the Eucharist, the
primacy of Peter—these are the ordered manifestations, and as it were
the successive levels, of one and the same revelation. There is a wisdom
of the world that turns away from it at once. But there is also a wisdom
that begins by being Christian, which begins to believe in the
Incarnation, and then soon, when faced with the mystery of the Eucharist,
or the mystery of the primacy of Peter, becomes disconcerted and goes no
farther. It seems to forget that God is God, that He passes through
matter without being diminished, rather turning it to His purposes and
transfiguring it. When it comes face to face with integral and authentic
Christianity it is quite ready to abuse it as materialism and paganism.
Sometimes, by an obvious blunder, it opposes to belief in the Eucharist
the words of Jesus on "the flesh which profiteth nothing"; it
opposes the Western Church as Peter's to the Eastern Church as John's, as
if the Evangelist par excellence of the Word made flesh (John i. 14), of
a new birth by water and the Spirit (iii. 5), of the communication of
life by the eating of Jesus' Flesh (vi. 58) could have revealed to the
world a Christianity that dispensed with the Incarnation, with sacramentality,
and with the visible primacy.
2. The Supreme Jurisdiction Does Not Belong As A "Proper" Power To
The Bishops
A. The Sum Of Particular Jurisdictions Does Not Amount To The Universal
Jurisdiction
The jurisdictional power is "proper" both in the Sovereign Pontiff
and the bishops. It descends from the Sovereign Pontiff, who possesses
it as its source, to the bishops, who possess it as a proper power no
doubt, but derivatively.
At the stage of the sovereign pontificate as at the stage of the episcopate,
the jurisdiction is wholly spiritual, wholly ordered to the same
supernatural salvation of souls. So that whether it be found at the one
stage or the other, it keeps its profound generic unity.
However, it appears in the bishops and in the Pontiff under forms that
are clearly distinct. The jurisdiction proper to the Pope is universal.
The jurisdiction proper to the bishops is particular. These two forms do
not differ only in a quantitative way, according to more or less. They
differ also in a qualitative way, in species. The universal Church is not
simply a sum-total of particular Churches; and the jurisdictional order
of the universal Church is not simply a sum-total of particular
orders.[893]
If therefore each bishop, in virtue of his episcopate, possesses properly
only a particular jurisdiction, it follows that the sum of the bishops
possess, in virtue of their episcopate alone, only a sum of particular
jurisdictions; which sum in no wise amounts to a universal jurisdiction.
Supposing even, as Cajetan does, that after the death of a Pope all the
bishops in the world meet and agree in a universal synod, there will then
be a quantitative and cumulative jurisdictional universality; but,
between that and the qualitative and essential universality of the
supreme pastor there remains an abyss.[894] No decision, for example,
belonging to the proper power of the Pope could be taken, no truth
implicitly revealed could be explicitly defined.[895] And the dissident
Graeco-Russian Churches, whatever fragments of authentic jurisdiction
the Church in fact allows them and they still retain, seem to admit, in
their own way, the justice of this doctrine by officially condemning
themselves to dogmatic stagnation.
B. The Church During A Vacancy Of The Holy See
We must not think of the Church, when the Pope is dead, as possessing
the papal power in act, in a state of diffusion, so that she herself can
delegate it to the next Pope in whom it will be re-condensed and made
definite. When the Pope dies the Church is widowed, and, in respect of
the visible universal jurisdiction, she is truly acephalous.[896] But she
is not acephalous as are the schismatic Churches, nor like a body on the
way to decomposition. Christ directs her from heaven. There is no one left
then on earth who can visibly exercise the supreme spiritual jurisdiction
in His name, and, in consequence, any new manifestations of the general
life of the Church are prevented. But, though slowed down, the pulse of
life has not left the Church; she possesses the power of the Papacy in
potency, in the sense that Christ, who has willed her always to depend on
a visible pastor, has given her power to designate the man to whom He
will Himself commit the keys of the Kingdom of Heaven, as once He
committed them to Peter.[897]
3. The Supreme Jurisdiction Nevertheless "Participated" By The
Bishops Associated With The Sovereign Pontiff And Forming The Episcopal College
A. The Collegiate Jurisdiction Of The Bishops United With The Pope
I have mentioned the proper jurisdiction of the bishops. It is distinct
from the jurisdiction of the Supreme Pastor. The first is ordered to the
good of a particular Church, the second to the good of the universal
Church. And we know that the good of a whole and the good of a part
differ qualitatively as to species, and not merely quantitatively
according to more or less. However, the jurisdiction proper to the
bishops derives from the jurisdiction of the Sovereign Pontiff. It is
contained in the supreme jurisdiction as the lesser perfection is
contained in the greater. It can therefore add nothing to it intensively;
it can do no more than diffuse and refract its virtue. The power proper
to the bishops and the power of the Sovereign Pontiff are indeed many powers,
but they do not together make up a higher power: "Papa cum residuo
Ecclesiae non est majoris potestatis jurisdictionis spiritualis quam ipse
solus. . . Papa cum Ecclesia reliqua non facit majus in potestate, sed
plures potestates", writes Cajetan.[898] In another field we should say
similarly that the creation of the universe adds nothing to the divine
perfection, that it does no more than refract it; so that after creation
there is no more "being", more perfection, than there was
before, although there are more "beings", more existing
subjects.
But, besides this particular jurisdiction which they possess as properly
theirs, the bishops, taken as a college, in virtue of their close union
with the Sovereign Pontiff, participate in the universal jurisdiction
proper to the Pontiff. And just as we distinguish, in the case, for
instance, of a harp, the beauty of the sound it gives out at the touch of
the strings, from the spiritual beauty lent it by the mind of the artist;
or, in the case of a human arm, its mechanical from its intelligent
activity; or in the case of Socrates' disciples or Napoleon's marshals,
their own personal qualities from the added powers they gain from the
genius of their master; so we must distinguish in the bishops the power
of particular jurisdiction which finds in each of them its proper
subject, from the power of universal jurisdiction which finds in them a
supplementary subject. I have said that the particular jurisdiction of
the bishops is distinct from the universal jurisdiction of the Pope; it
is superadded to it, not so as to make up more power, "majus in
potestate", but many powers, "plures potestates". On the other
hand, the collegiate jurisdiction of the bishops is not numerically added
to the universal jurisdiction, but is one with it.
In other words, the power to rule the universal Church resides first
of all in the Sovereign Pontiff, then in the episcopal college united
with the Pontiff; and it can be exercised either singly by the Sovereign
Pontiff, or jointly by the Pontiff and the episcopal college: the power
of the Sovereign Pontiff singly and that of the Sovereign Pontiff united
with the episcopal college constituting not two powers adequately
distinct, but one sole supreme power—considered on the one hand in the
head of the Church teaching, in whom it resides in its wholeness and as
in its source, and on the other hand as at once in the head and in the
body of the Church teaching, to which it is communicated and in which
it finds its plenary and integral subject.[899]
B. The Scriptural Basis
The great words in which Jesus laid upon His disciples the duty of preaching
the Gospel to every creature were too pregnant with meaning to
communicate all of it from the outset, and time alone could bring out
distinctly the multiple powers they conferred. Apart from the
transapostolic power promised to Peter personally, they assured the
Apostles of: (1) the extraordinary powers of founding the Church; (2) the
ordinary and transmissible powers of ruling her (a) by collegiate
participation in the universal jurisdiction of the Sovereign Pontiff (b)
by exercising a particular jurisdiction over the local Churches, as these
appear in the Acts of the Apostles, the Epistles and the Apocalypse.
The second power, the regular, permanent, collegiate power to rule the
universal Church, is not solely, but certainly comprised in Jesus'
promise to all the Apostles: "Whatsoever you shall bind upon earth
shall be bound also in heaven, and whatsoever you shall loose upon earth
shall be loosed also in heaven" (Matt. xviii. 18). These words had
previously been addressed to Peter (Matt. xvi. 19). They were addressed
now to the whole apostolic college. What does that mean if not that the
apostolic college was to share in Peter's power, that it was to share
with Peter the supreme jurisdiction over the universal Church, and that
this supreme jurisdiction was to be given first to Peter and to his
successors, so as to devolve next on the Apostles and on their
successors? [900]
The same thing emerges from Luke xxii. 31-32: "Simon, Simon, behold
Satan hath desired to have you that he may sift you as wheat. But I have
prayed for thee that thy faith fail not: and thou, being once converted,
confirm thy brethren. "Perseverance in the faith was therefore to
find its principle in Peter and thence to be communicated to the others.
And so it was to be down the ages.[901]
Lastly, the Acts of the Apostles show us the whole of the apostolic
college at work, and solemnly assembled in the first Council. For the
sake of the universal Church they have to fix the discipline governing
the reception of converts from paganism. The decision is taken not by
Peter alone, but simultaneously by all: "For it hath seemed good to the
Holy Ghost and to us. . ." (Acts xv. 28). These are the words of the
Apostles and the presbyters.
Thus, the episcopate taken alone—for example during a vacancy of the
Holy See, even though all its members are assembled and all are
unanimous—and on the other hand this same episcopate in actual union
with the Sovereign Pontiff to share in the government of the universal
Church, represent two specifically distinct forms of the jurisdictional
power. In the first the bishops perform only acts of particular
jurisdiction. In the second they exercise, conjointly with the Pope, the
acts of the supreme jurisdiction. They are not, as Melchior Cano remarks,
mere theologian-consultors.[902] They have authority to decide. They declare the
speculative truth to be believed and the practical truth to be observed
by the whole Church.
The episcopate—the orthodox and legitimate episcopate of course—has
made frequent pronouncements in the past on questions concerning the life
of the universal Church; on many occasions, for example, it has defined
the faith and imposed a uniform discipline. The episcopate owed its
oecumenical prestige throughout history, not to its own proper power but
to the virtue of the See of Peter, whose authority, either tacit or
express, never ceased to sustain it, lift it above itself, enlarge it and
enlighten it. This consideration, whose scriptural basis we have seen,
provides the key to the misconception into which those have fallen who,
neglecting the distinction between what the episcopate has of itself and
what it has from the See of Peter, have thought it possible to set up an
opposition between the power of the See of Peter and the power of
oecumenical Councils.
C. The Episcopal College Dispersed Through The World: Its Distinctive Signs
The oecumenical activity of the episcopate in union with the actually
reigning Pope, can have (the difference is merely accidental) a double
character: regular when the bishops remain dispersed over the world, each
in his own Church; and exceptional, when the bishops are assembled in
Council.
The bishops scattered over the world rule their local Churches. They
do more. Because they are closely united to the Supreme Pastor and act
with his tacit or expressed consent, they contribute to the preserving
and explaining of the deposit of revealed truth all over the world, to
the maintaining and formulating of the rules of the common discipline,
and, in a word, to the ruling of even the universal Church. If, for
example, there is question of the declaratory power, the episcopal body,
in so far as accordant with the Sovereign Pontiff, becomes an organ by
which the ordinary and daily teaching of the Church can be given to
the world with true and absolute infallibility. The divine and Catholic
faith, according to the Vatican Council, embraces all truths contained in
the word of God, whether written or traditional, and proposed to our
faith by the Church as divinely revealed, whether by way of a solemn
judgment or by the ordinary and universal magisterium;[903] and Pius IX
adds precisely that the exercise of the ordinary magisterium may be found
in dispersion all over the earth: "Divine faith is not to be restricted
to matters expressly defined by oecumenical Councils, or the Roman
Pontiffs, or the Apostolic See: but extends also to matters set forth as
divinely revealed by the ordinary magisterium of the whole Church
dispersed throughout the world".[904] If now there is question of
the canonical power, the episcopal body, inasmuch as it is united to the
Sovereign Pontiff, will lay down in each epoch and each civilization,
both doctrinal points arising in connection with the revealed deposit,
and authentic moral and social duties; and it will establish customary
usage.
But by what signs are we to recognize the true episcopal body?
The answer belongs to the treatise De Locis Theologicis. The most important
sign is communion with the Sovereign Pontiff—since Peter was made
perpetual head of the apostolic college.
Will a majority of bishops be a sufficient assurance? It is clear in
any case that the majority as such is far from being a criterion of
truth: "Scimus frequenter usuvenire ut major pars vincat meliorem,
scimus non ea semper esse optima quae placent pluribus", says
Cano.[905] Even in the case of a majority of bishops, good theologians
think that they can go astray, contradict the Sovereign Pontiff, and even
persevere in error. Thus Cano, and also Benedict XIV: "From the fact
that the bishops assembled in General Council are true judges, it is not
to be concluded that the Roman Pontiff is bound to decide in conformity
with the majority of the judges and to approve their doctrine. For,
as Melchior Cano remarks, if all the bishops are true judges, the Lord
Christ has nevertheless committed the final judgment to His Vicar on
earth and it is he who is charged with the duty of recalling all who
waver, whether few or many, to the true faith: I have prayed for thee
that thy faith fail not, and thou, being converted, confirm—not just
this one and then that, but whether a minority or a majority—confirm
thy brethren. The four hundred prophets of Achab did not prevail against
the single prophet Micheas; so also the Arian Council of Rimini did not
prevail against Vincent of Capua and those few bishops who remained faithful
to the Bishop of Rome."[906] Clearly enough, in the canon of
orthodoxy of St. Vincent of Lerins, "In the Catholic Church herself we must
be careful to hold what has been believed everywhere, always and by
all", the last clause, quod ab omnibus, must be understood only of
those who make up the flock of Christ under the guardianship of Peter. It
remains that, since the Church of Christ is always to endure, and since
there is no Church of Christ without an episcopal body, it is absurd to
imagine that the Pope can stand alone over against the bishops. Certain
theologians even consider that Christ's promise to the episcopal body
"Behold I am with you all days even to the consummation of the
world", imply that the majority of this body will never desert the
Sovereign Pontiff: "It is impossible that a majority of the bishops
having jurisdiction in the Church, that is to say of the Catholic
bishops, should teach anything which the Sovereign Pontiff does not teach
either expressly or at least tacitly. It cannot therefore fall into error
and break with the Holy See."[907] As for the future, we may recognize that
if this eventuality does not appear "impossible" it seems at
any rate highly unlikely.
The day-to-day relations of the episcopal body dispersed through the
world with its head the Sovereign Pontiff, are now facilitated by the
development of the means of communication; our modern techniques, like
the old Roman roads, being no less serviceable for the expansion of the
Kingdom of God than for that of the powers of evil.
However, the unity of the teaching Church is most effectively asserted
when, exceptional circumstances demanding it, the episcopal body
assembles in Council; above all in General or Oecumenical Council.[908]
D. The Episcopal College Assembled In Council
The law ruling the relations between the Sovereign Pontiff and the bishops,
between the head and the members, is the same that will rule the
proceedings of the Oecumenical Council. The rightful authority for
calling them to council is the Sovereign Pontiff. Supposing the Council's
inception to be irregular, it would not become a valid Council until
authorised by the Sovereign Pontiff, whether expressly, or at any rate
tacitly. Its decisions will not be decisive unless issued in actual
collaboration with the Sovereign Pontiff, or unless ultimately ratified
by him.
It follows that between the ordinary jurisdiction of a dispersed magisterium
and the solemn jurisdiction of an Oecumenical Council, there are but
accidental differences. But they are worth noting.
The first new element, where a Council is concerned, is a more solemn
supplication to draw down on the Church a superabundant outpouring of the
divine wisdom. Jesus Himself spoke of the virtue of collective prayer:
"Again I say to you, that if two of you shall consent upon earth
concerning anything whatsoever they shall ask, it shall be done to them
by my Father who is in heaven. For where there are two or three gathered
together in my name, there am I in the midst of them" (Matt. xviii.
19-20).[909] That is addressed to all Christians, not the faithful alone
but also their pastors. It is there to sustain them on their journey
towards the truth and to welcome them in the truth at each halting-place.
Next, we shall find a better and more sustained effort to prepare and
arrange the speculative and practical statements to be defined. The
Church here does not act as a pure instrument but as a responsible second
cause entrusted with initiatives, and she can, in consequence, propose
matters for infallible sanctions that vary in extension, complexity and
subtlety. It would, for example, have been difficult for the Sovereign
Pontiff to prepare by his own sole efforts such an organic whole of
propositions, such a considerable body of doctrine, as that which was
submitted for infallible definition at the Council of Trent.
There is, thirdly, a more evident and impressive collaboration when
the final resolutions have to be promulgated and an unanimous and
simultaneous profession of faith made by the whole teaching body of the
Church. Their example is eminently calculated to win the whole-hearted
adhesion of the faithful. And it is, finally, the pledge of a more speedy
promulgation, a more even and exact application of measures taken for the
higher welfare of the Church and the world.
Abundant fruits, said the Vatican Council, flow from Oecumenical Councils:
"There it is that the sacred dogmas of religion are defined with the
greatest depth, expressed with the greatest breadth, that ecclesiastical
discipline is restored and more firmly established. . . that head and
members are knit together and the vigour of the whole Mystical Body of
Christ renewed. . . that our zeal is nourished to extend, even were it
with our blood, the reign of Christ over all the earth."[910] More than
fourteen centuries earlier, in 451, the Fathers of the Council of
Chalcedon had written to Pope St. Leo the Great: "You have come to
us, you have been the interpreter for all of us of the voice of the Blessed
Peter, and have procured for all of us the blessing of his faith. And so,
having profited from you as from our head in good things, we have been
able to manifest the heritage of the truth to the children of the Church,
not each elaborating a doctrine for himself in secret, but making
confession of faith in one Spirit, in one impulsion, in one thought. And
we formed a single choir, making our delights, as at a royal banquet, of
the spiritual food which Christ, by your letters, had prepared for His
guests. And we seemed to see the heavenly Spouse dwelling in our midst:
for where two or three are gathered together in His name, there, He says,
is He in the midst of them. How close then He must have been to the five
hundred and twenty bishops who preferred the knowledge and confession of
the faith of Christ to the quiet of their homes, and whom you, through
those who took your place [the two legates of the Pope to Chalcedon] led
with benignancy as the head leads his members. As for the faithful
princes, they presided for the sake of decorum [ad ornatum, pros
eukosmian like Zorobabel beside Joshua [I Esdras. iii. 2], and desirous,
in his footsteps, to build up the dogmatic edifice of the Church like
another Jerusalem."[911]
E. Its Members Mandatories Of Christ, Not Of The Peoples
Whether assembled in council or dispersed through the world the bishops
hold their supreme and oecumenical jurisdiction from the Sovereign
Pontiff. In either case they are subject to the same ordinance. They do
not come to the council to inject any law of numbers, of proportional
representation, of majorities, into the government of the Church. Whether
they are primates, archbishops or simple bishops, whether they hold the
smallest or the largest dioceses, they sit in council with complete
parity of rights. They are not mandatories of populations. They are
Christ's bishops, Catholic bishops. If there are many Christian countries
in Asia or in America, and consequently many Asiatic or American bishops
at an Oecumenical Council, it may happen—but merely accidentally—that
disproportionate attention is given to the ecclesiastical affairs of Asia
or America. What is certain in any case is that these questions will be
settled, not by the help of a temporal light but by that of a divine
light. It is not impossible for the law of numbers to play its part in
drawing up the list of problems to be considered, and thus to intervene
in the order of material causality. That, too, will be merely indirectly,
and without power to prevail even in this sphere; for true bishops will
always be Catholic before being of such and such a culture or colour, and
the Sovereign Pontiff will well know how to recognize the general interests
of the Church. But the law of numbers, though it may affect the list of
problems, will never dictate the answer to these problems; it will never
come into play in the order of formal causality.
Neither will prince or emperor give the law. They may receive all the
honours. But you cannot judge the spirit of a true Oecumenical Council by
the importance of the honours voted to the potentate who made it
possible, or even perhaps convoked it or presided. I do not think anyone
would maintain that the Fathers of Nicaea, the Roman See, or the Church
herself, were spiritually governed by Constantine; or that if the Emperor
had chosen to turn Arian the Council and the whole Church would have
followed suit.[912]
F. The Church Of The Oecumenical Councils
The great orthodox Councils appear on the stage of history as confronting
errors in faith and deviations in morals with the most striking
reminders, the most solemn proclamations that the Church could make of
the imprescriptible exigencies of the Gospel. They were not indispensable
for the purpose of dissipating heresies. "Was a Council required,
"writes St. Augustine, "to condemn the manifest error of the
Pelagians? As if no heresy had ever been condemned without resort to a
Council! Very few indeed, on the contrary, are the heresies in which
recourse to such a thing was needed, whereas those which were condemned
on the very spot where they appeared and notified at once to all the
world as noxious, are incomparably more numerous. But Pelagian pride
which exalts itself so haughtily against God that it would glory no
longer in God but in its own free-will, is ambitious into the bargain to
assemble East and West in council."[913] However, at certain moments
when all was in doubt and confusion was spreading everywhere—even
perhaps, as in the Arian conflict, in the hearts of the bishops
themselves—the Church felt the need for gathering her forces and
counting her children: "When they judged it useful, especially in
times of grave perturbations and calamities for our holy religion and for
civil society, the Roman Pontiffs, "says Pius IX, "have not
neglected to convoke General Councils and to confer with the bishops of
the whole Catholic world, whom the Holy Spirit has chosen to rule the
Church of God, to concentrate energies, to decide prudently and wisely on
all that can help to define the dogmas of the faith, to unmask new errors,
to defend, illustrate and develop Catholic doctrine, to preserve and
tighten the bonds of ecclesiastical discipline, to strengthen the relaxed
morals of peoples."[914] It was the East that took the initiative in
assembling General Councils [915] but the practice spread over the whole
Church. The Church of the Roman Pontiffs is still today, as in the past,
the Church of the holy Oecumenical Councils.[916]
4. The Supreme Jurisdiction, In Its Integral Wholeness, Lodged
"First" In The Pope Alone
A. The Pope Vicar Of Christ, Not Of The Church
Our Lord said: "Simon, son of John, feed my sheep. "He did not say:
feed your sheep. They were always to be Christ's. They are not to change
masters. "I am the good Shepherd, "He says again, "and I
know my sheep and my sheep know me. . . The shepherd calls his own sheep
by name and leads them out" (John x). It is therefore Christ's
sheep, not his own, that Simon Peter is to feed. It is in Christ's name,
not his own, that he is to lead them out. That is the point to be
recalled when one hears it said that Peter is the Vicar of Jesus Christ;
since a vicarious power, as we all know, is a power exercised in the name
of another.
Peter is the Vicar of Christ; not of the Church or of Christians. Jurisdiction
does not come up from the Church to him, but comes down from him to the
Church. Christ gives it directly and immediately to him, not first to the
Church that she may hand it over to him.[917] And furthermore, He gave it
him prior to any choice of a constitution by the Church.
B. The Sole Regime Of Divine Right
Certain theologians at the end of the Middle Ages, who wanted to put
the Council above the Pope, contended that under the natural law every
perfect society can choose, control and depose its own head. That is true
of civil society, and, they went on to say, it should be true of the
religious society, since it is a perfect society and since grace does not
destroy nature but rather confirms it.[918]
They reason rightly of civil society. This latter arises neither out
of an optional contract like a sports club or an art society; nor from a
simple act of nature like a community of bees or ants. Neither
artificialism nor physicism is valid here. It comes from a consensus of
wills in conformity with the fundamental inclinations of human nature.
Just as a profound inclination prompts men to marriage, although the
domestic society ordered to the transmission of life is founded freely,
so, all due proportions being observed, a profound inclination prompts
men to live in society, although the political society ordered to the
development of humanity, to the perfecting of the properly human values,
material and moral, and, in a word, to the common good, is nevertheless
freely constituted. The political community is willed in the last resort
by God: first because He wishes the full development of the higher human
values and of this "common good "which is "more divine "than
that of each particular individual; and next because He urges men towards
this common good by an inner impulse preceding all deliberation, an
impulse which it will be for them to bring freely to fruition. But if the
political community is willed by God, its management and conduct is left
to human freedom. And God, who chooses the social form of life for man,
makes no pronouncement in favour of any particular form of social life,
for any particular political regime. The community, to be sure, must
needs adopt a monarchical, or aristocratic or democratic or some other
kind of regime; but there is no divine law that favours one rather than
another; it remains free to choose its own fundamental constitution and
even to change it when evident social necessity demands—for example
when, the ancien regime being destroyed, the new one was sufficiently
consolidated to be irreversible without grave disorders. If therefore, on
the one hand, God Himself is the Author of society, and if, on the other,
He leaves it the right to choose its own constitution and, on due
occasion, to modify it, then it is true to say (1) that the "prince",
the government, is the vicegerent or representative of the multitude (gerit
vicem, gerit personam multitudinis,[919] (2) that he holds his authority
from God without doubt, but indirectly, and thanks to the multitude which
could have chosen, and could still on due occasion choose, another
regime, and (3) that if the political community is of natural, that is to
say of divine law, the various forms it can take—royal, aristocratic,
republican—are due (even in the case of the Hebrew people) to none
but human law, the jus gentium, the law of nations.
But if civil society chooses its own constitution and thereby decides
the condition of its head, the Church is in a different position.
"To understand her regime, "says Cajetan, "you have only
to look at her beginnings. She did not emerge from any collectivity or
community whatever. She was formed around Jesus Christ her Head, her
Ruler, from whom all her life, perfection and power came to her. You have
not chosen me, He said, but I have chosen you. Thus from the birth of the
Church her constitution clearly appears. Authority does not reside in the
community; it never passes, as in the civil order, from the community to
one or to several heads. By its very nature, and from the very outset, it
resides in a single recognizable prince. Since this prince is the Lord
Jesus, who is to live and to reign yesterday, today, and for ever, it
results that in natural right it was for Him and not for the
ecclesiastical community to choose for Himself a vicar, whose role it
would not be to represent the ecclesiastical community, born to obey not
to command; but to represent a Prince, the natural Lord of this
community. That, then, was what Our Lord Himself deigned to do when,
having risen, before ascending to heaven, He chose, as St. John tells us,
the Apostle Peter alone for His Vicar. And just as in natural right the
Prince of the Church does not draw His authority from the Church, so
neither does His Vicar, who depends upon Him and not upon the
Church."[920] We conclude: (1) that the Pope is the Vicar of Christ, not
of the Church; (2) that he holds his authority directly from God, the
Church's election merely going to designate a successor for Peter; (3)
that of all existing governments the Papacy is the sole government by
divine right, the only one which is sovereign in the strict sense [921]
C. The Pope's Jurisdiction Pastoral—That Is To Say, Plenary,
Immediate—And Ordinary Or Proper
The jurisdiction of the Pope is truly pastoral, truly episcopal; vere
episcopalis est.[922] It is, in the universal Church, what the
jurisdiction of the bishop is in a local Church: plenary, immediate,
proper or ordinary.
a. First, it is plenary. Christ asks the Pope to feed all the sheep of
His fold, to keep them in peace and protect them, to gather them together
and rule them throughout the universe, and to lead them into the ways of
truth both absolute and prudential, both speculative and practical. And
for those of Christ's sheep who are not of the sheepfold, Christ would
have them enter it so that there may be one flock and one shepherd (John
x. 16); He died, as Caiaphas prophesied "for the nation, and not
only for the nation but to gather together in one the children of God
that were dispersed" (xi. 51-52).
The plenary jurisdiction of the bishops, taken simply as bishops, is
restricted to a particular Church; it is exercised in dependence on that
of the Pope; and it even derives from that of the Pope. But the plenary
jurisdiction of the Vicar of Christ extends in act to the universal
Church and in potency to the whole universe, omni creaturae; it is
exercised in dependence on Christ alone and the Spirit; and it derives
uniquely from Christ and from the Spirit. It is therefore plenary in a
much larger sense.
The whole jurisdictional power is found first in the Pope alone. From
him it passes over to the bishops. So that if the Pope in his own person,
in his own inner life "quoad personam et merita" is certainly a
part of the universal Church, yet the power of jurisdiction deposited in
him is not a part added to other parts so as to constitute the Church's
total jurisdiction. The power of the Pope is the whole power of the
universal Church; the others are its participations, and designed to
support it.[923]
And yet, continues Cajetan, all this power is given to the Pope for no
other end than the service of the Church. She is greater than he, not in
authority, but in worth and nobility. The Papacy is for the Church, not
the Church for the Papacy: the end is always a nobler thing than the
means. Hence the Pope calls himself the "Servant of the servants of
God", and, so doing, he stands in the truth, "et sic est in
veritate".[924]
b. The spiritual jurisdiction of the Pope is, furthermore, immediate.
It is exercised on the whole body of the Church, and yet it can be
exercised immediately over each one of the faithful, and is not bound to
go through any intermediary whatsoever. In the thirteenth century,
William of St. Amour and Siger of Brabant maintained that a bishop, in
various important matters, has to go through his parish priests to reach
his lay subjects, over whom he has therefore only a mediate jurisdiction;
and similarly later on it was asserted that the Pope has to go through
the bishops to reach the faithful, over whom again he has only mediate
jurisdiction. But just as the virtue of the first cause is participated
by the second causes without losing any of its privileges, so the
jurisdiction of the Sovereign Pontiff is participated by the bishops
without itself being in any way alienated or diminished; and Peter, who
received the power to feed all the sheep of Christ without distinction,
retains the right to feed each one of them directly.
c. Finally, the Pope's spiritual jurisdiction is ordinary and belongs
to him in a proper way. It is not a "delegated" jurisdiction, that is
to say one attached to a particular person for the time being, but an
"ordinary" jurisdiction, that is, permanently attached to an
office.
Ordinary jurisdiction is called "proper "in one who exercises an
office in his own name; and "vicarious "in one who does so in the
name of another. What is to be said of the jurisdiction of the Pope?
If we compare the Pope, visible on earth, with Christ, hidden in heaven,
the Pope's power is, in divine law, "vicarious"; for he exercises
it in the name of Christ. But if we ask where, in this world, the supreme
spiritual jurisdiction resides, the answer will be, to complete the
previous reply, that it resides, by "proper" title, first and in
itself in the Pope alone; and then secondarily and by participation, in
the episcopal college united to the Pope as body to head: and that it can
reside "vicariously", but only in a partial measure as
determined by Canon Law, in other subjects, such as the Roman
Congregations.
The spiritual power of the Pope is undoubtedly unique and unparalleled.
But it becomes unintelligible only when we cease to look at it in the
light of the Christian mystery. I have said that if it be true that the
fullness of the Godhead could dwell, as from a determinate moment of
history, in a human nature like our own, it is no new mystery, but only
an extension of the old one, which presents us with the Body and Blood of
Jesus under the appearances of a little bread and wine, and with His
external power to teach faith and morals behind the voice of a Galilean
fisherman, a man from the ordinary run of men.
D. The Sole Remedy For A Bad Pope: A Text Of Cajetan's On Prayer
The Church has no power to change the form of her government, nor to
control the destiny of him who, once validly elected, is no vicar of hers
but Vicar of Christ. Consequently she has no power to punish or depose
her head. She is born to obey. This truth may seem hard, but the best
theologians have never attenuated it; rather, they have accentuated it.
To make us aware of all that we ought to be ready to suffer for the
Church, of how much heroism she can ask of us, they have proposed extreme
cases. They have supposed a Pope who shall scandalise the Church by the
gravest sins; they have supposed him to be incorrigible; and then they
ask whether the Church can depose him. Their answer is, no. For no one
on earth can touch the Pope.
In his Summa de Ecclesia (lib. II, cap. cvi) Cardinal Turrecremata pointed
out several remedies for such a calamity: respectful admonitions, direct
resistance to bad acts, and so forth. All these could, of course, prove
useless.
There remains a supreme resource, never useless, terrible sometimes as
death, as secret as love. This is prayer, the resource of the saints.
"See that I do not have to complain of you to Jesus crucified,
"wrote Catherine of Siena to Pope Gregory XI; "there is none
other to whom I can appeal, since you have no superiors on earth.
"And again, a little earlier in the same letter: "Take care, as
you value your life, that you commit no negligence."
To the bad theologians who thought that the Church would be defenceless
if not allowed to depose a vicious Pope, Cardinal Cajetan, who had seen
the reign of Alexander VI, had but one answer: he reminded them of the
power of prayer. For never has it such power as in such crises. We must
always have recourse to prayer, as one of the purest weapons a Christian
can use. But here it is not only a "common" means, i. e. one to
be used along with others, it is the "proper" means, the proper
instrument for the use of the Church in distress. "If you tell me
that prayer is but a common remedy to be used against all the ills that
afflict us, and that for the special evil that troubles us here we need a
proper remedy—since every effect comes of a proper cause, not merely
from general causes—I reply, in a general way, that the highest causes,
although they play the part of common causes in respect of lower effects,
play in fact the part of proper causes in respect of higher effects. And
that is why prayer, which is to be put among the highest of supernatural
second causes, is only a common cause of lower effects; but it is a
proper cause and the proper remedy for the highest effects, such as would
be—since it is matter reserved for God—the removal from this world of
a still believing but incorrigible Pope."[925] The same author sufficiently
indicates the sort of prayer to be offered when he reproaches his
contemporaries for their manner of reciting the Divine Office and of
celebrating Mass. Here he shows both the clarity of his genius and the
charity of his heart. "The divine Wisdom, "he says, "who
in the natural order governs lower things through the higher and these
last through the highest second causes, acts in a similar way in the
supernatural order, to which belong grace and faith, and the Church based
on the faith. On the other hand, causes are proportionate to their
effects, the highest causes having the highest effects. If then, on the
one hand, the means available to human effort [providentia humana], even
if super-elevated by the authority of the Church, are a force inferior
to prayer, appointed as the highest of second causes by God, to whom all
creatures, corporeal or spiritual, are subject; and if, on the other
hand, a remedy against a bad but still believing Pope [926] is among the
highest effects in the Church, it follows that God, in His wisdom, must
have given the Church for remedy against a bad Pope, not now any of these
merely human means which may avail for the rest of the Church, but prayer
alone. And can the prayer of the Church, when she perseveringly asks
things needful for her salvation, be any less efficacious than merely human
means? Is not the fervent prayer of an individual soul who asks such
things for himself, already efficacious and infallible? [927] If then the
salvation of the Church demands that such and such a Pope should be
removed, then undoubtedly the prayer we have mentioned will remove him.
And if it be not necessary, why question the goodness of the Lord, who
refuses what we wish and gives us what we ought to prefer?. . . But alas,
it seems that we are come to the days announced by the Son of Man when He
asked whether, on His return, He should find faith on the earth. For the
promises relating to the highest and most efficacious of second causes
are held to be of nothing worth. They say that we must depose a bad Pope
by human means; that one cannot be content with resort to prayer and to
divine providence alone! But why do they say that, if not because they
prefer human means to the efficacy of prayer, because the animal man does
not perceive the things of God, because they have learnt to trust in man,
not in the Lord, and to put their hope in the flesh? So, if a Pope
hardened in evil ways appears, his subordinates, without leaving their
own vices, content themselves with daily murmurings against the evil
regime; they do not seek to avail themselves, save perhaps in a dream and
without faith, of the remedy of prayer; so that what Scripture predicts
comes about by their fault, namely that it is due to the sins of the
people that a hypocrite reigns over them, holy in respect of his office,
but a devil at heart. . . We have become blind to the point of refusing
to pray as we ought, while yet desiring the fruit of prayer; of refusing
to sow, while still wanting to reap. Let us not call ourselves Christians
any longer! Or if we do, let us turn to Christ; and the Pope, were he
frantic, furious, tyrannical, a render, dilapidator and corrupter of the
Church, would be overcome. But if we do not know how to overcome ourselves,
what right have we to complain of being unable to break through the evils
that surround us by prayers that not only fail to rise through our roofs,
but do not even mount as far as our heads? And the worst of all is this:
God of old upbraided His people for honouring Him with their lips while
their hearts were far from Him; but in the days of the revelation of
grace, God is not even honoured with lips, for nothing is less
intelligible than the recitation of the divine office, nothing said more
quickly than the Mass; the time given to these seems long, too long, but
time enough is found for play, business and worldly pleasures, and for
loitering over them endlessly."[928]
Thus, even though his private life should be grievously sinful, the
Pope cannot be deposed. Immense scandal might be given, but his doctrinal
infallibility would be unaffected. And it remains true that no temptation
is superhuman. God, who is faithful, will suffer none who seeks Him to be
tempted beyond his strength, and to each He offers inwardly the help that
will enable him to overcome (cf. 1 Cor. x. 13).
5. Peter's Successor The Bishop Of Rome
On this subject I shall first set out an intermediate thesis which seems
to me to be preferable. Then I shall mention two divergent and extreme
positions, both represented by theologians of repute.
A. The Link Between The Roman And The Universal Episcopate: Manifestation Of
The Apostolic Succession
If it be expressly revealed that the Church is to be visibly based on
Peter and his successors till the end of time, it is ipso facto revealed
that the line of Peter's successors will be recognizable till the end of
time; and it is also implicitly revealed that Peter, by an exceptional
privilege which he held till his death, could determine the conditions
that would make the line of his succession recognizable. Whence arises a
twofold question: what steps did he take to make it so; and how are we to
know, with complete certainty, the significance of these steps?
1. What did Peter do to point out the line of his successors in advance?
He fixed his See at Rome, thus setting up a permanent bond between the
pastoral power over the Church of Rome, and the pastoral power over the
universal Church; so that those who should succeed him as Bishops of Rome
would succeed him in the supreme apostolic authority. In other words,
that Peter indissolubly wedded the Roman episcopate and the supreme
apostolic authority appears in the light of a dogmatic fact. We believe
it not only in virtue of a human certitude based on historical documents,
but we believe it with divine faith. And if we are asked how it is
contained in the revealed deposit we reply that it is a concrete
determination of the Gospel revelation that the Church is to rest till
the end of time on the visible and recognizable line of the successors of
Peter.[929]
2. But how are we to know that Peter, when linking up the Roman and
the universal episcopates, really willed the bond to be necessary and
indissoluble?
The only enlightenment which we have to show us the real nature of it
is that which Christ provides as He aids the magisterium of His Church.
If it be asked whether this link is one of fact only—destined to be broken one
day—or one of right, the second alternative is (it seems to me) better
authorized, more in conformity with the declarations of the magisterium,
and thus should be retained—with certain precisions which I shall indicate.
The Church's divine certitude that the Bishop of Rome is her universal
Pastor has left numerous traces all down the Christian ages—in the
measure indeed in which chance allows the survival of the documents of
the past, but clearly enough for historians to grasp. Later on it
received repeated solemn expression, for example in the Bull Unam Sanctam
(1302): It is necessary for salvation for every human creature to be
subject to the Roman Pontiff; at the Council of Florence (1439): The
Roman Pontiff is the successor of Blessed Peter, Prince of the Apostles,
he is the head of the whole Church, the Father and Teacher of all Christians;
at the Vatican Council: [930] By the will of Christ, and therefore by
divine law, the Blessed Peter, to whom was committed the primacy of
jurisdiction over the universal Church, will always have a successor; the
Roman Pontiff is this successor.[931]
B. This Link Not Foreseen: Effected By Absorption: Apparently Indissoluble In
Right
If the fact of the conjunction of the universal pastorate with that of
Rome is dogmatic, and to be held with divine faith, the explanation of
the fact raises several questions. With what kind of necessity was the
conjunction effected by Peter? What is its intimate nature? To what
extent will it be permanent? The answers of the theologians to these
three questions will enable us to see clearly what is meant by saying
that the Church of Christ is Roman.
1. Supposing that Peter had lived, as he did at the outset, without
fixing his Chair, his See, in any local Church: then his successor, in
the same way, would not necessarily have had a Chair in any particular
Church. Suppose that he had died at Antioch after having (as Origen,
Eusebius, St. Jerome and St. John Chrysostom report) set up his Chair
there: then his successor would have been Bishop of Antioch and the
Church of Christ would have been Antiochene. Suppose once more that after
transferring his Chair from Antioch to Rome he had taken it away from
Rome to fix it elsewhere—that he had ceased, I do not say to have his
residence at Rome, but his Chair, that is to say the episcopal See to
which he would attach the sovereign pontificate: then his successor would
have been Bishop elsewhere, at Alexandria, say, or Jerusalem, and the
Church of Christ would have been Alexandrine or Jerusalemite.[932] If we
look at the metaphysical possibilities alone, the supreme jurisdiction
might either have been unattached to any particular See or might have
been attached to some See other than that of Rome. The union effected by
Peter was therefore due to no metaphysical necessity but to an
unforeseeable decree of Providence.
2. In point of fact Peter united the universal episcopate to the Roman.
How is the union to be conceived?
The episcopate of the universal Church and the episcopate of the local
Church at Rome must not be imagined as two powers which, although
coexisting in the same subject, would yet be actually distinct. For the
local episcopate of Rome is absorbed into that of the universal Church
somewhat as the king's capital town is into his kingdom; so that the Pope
has but one episcopate. This episcopate is exercised simultaneously, on
the one hand over the universal Church in which it is the generator of
all the other particular and subordinate episcopates—the jurisdiction
of all the bishops emanates, as we have said, from that of the Pope—and
on the other hand over the particular Church of Rome, in which it is, on
the contrary, exclusive of every particular episcopate: Rome can have no
other Bishop than the Pope. Undoubtedly, if Peter had not united them,
the universal pontificate and the Roman pontificate would have counted as
two distinct pontificates: but |