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Friar_David_O.Carm
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From the Code of Canon Law.
**CHAPTER III : THE CARDINALS OF THE HOLY ROMAN CHURCH
Can. 349** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law. The Cardinals are also available to the Roman Pontiff, either acting collegially, when they are summoned together to deal with questions of major importance, or acting individually, that is, in the offices which they hold in assisting the Roman Pontiff especially in the daily care of the universal Church.
Can. 350 §1 The College of Cardinals is divided into three orders: the episcopal order, to which belong those Cardinals to whom the Roman Pontiff assigns the title of a suburbicarian Church, and eastern-rite Patriarchs who are made members of the College of Cardinals; the presbyteral order, and the diaconal order.
§2 Cardinal priests and Cardinal deacons are each assigned a title or a deaconry in Rome by the Roman Pontiff.
§3 Eastern Patriarchs within the College of Cardinals have their patriarchal see as a title.
§4 The Cardinal Dean has the title of the diocese of Ostia, together with that of any other Church to which he already has a title.
Can. 351 §1 Those to be promoted Cardinals are men freely selected by the Roman Pontiff, who are at least in the order of priesthood and are truly outstanding in doctrine, virtue, piety and prudence in practical matters; those who are not already Bishops must receive episcopal consecration.
§2 Cardinals are created by decree of the Roman Pontiff, which in fact is published in the presence of the College of Cardinals. From the moment of publication, they are bound by the obligations and they enjoy the rights defined in the law.
§3 A person promoted to the dignity of Cardinal, whose creation the Roman Pontiff announces, but whose name he reserves in petto, is not at that time bound by the obligations nor does he enjoy the rights of a Cardinal. When his name is published by the Roman Pontiff, however, he is bound by these obligations and enjoys these rights, but his right of precedence dates from the day of the reservation in petto.
You will notice that Church membership is not mentioned anywhere.
Also if you look at Canon 349, it states that it is the job of the Cardinals to assist the Roman Pontiff especially in the daily care of the universal Church.
As Eastern Catholics are part of the universal Church I see the argument that they should be Cardinals as persuasive as those who are against the practice.
**CHAPTER III : THE CARDINALS OF THE HOLY ROMAN CHURCH
Can. 349** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law. The Cardinals are also available to the Roman Pontiff, either acting collegially, when they are summoned together to deal with questions of major importance, or acting individually, that is, in the offices which they hold in assisting the Roman Pontiff especially in the daily care of the universal Church.
Can. 350 §1 The College of Cardinals is divided into three orders: the episcopal order, to which belong those Cardinals to whom the Roman Pontiff assigns the title of a suburbicarian Church, and eastern-rite Patriarchs who are made members of the College of Cardinals; the presbyteral order, and the diaconal order.
§2 Cardinal priests and Cardinal deacons are each assigned a title or a deaconry in Rome by the Roman Pontiff.
§3 Eastern Patriarchs within the College of Cardinals have their patriarchal see as a title.
§4 The Cardinal Dean has the title of the diocese of Ostia, together with that of any other Church to which he already has a title.
Can. 351 §1 Those to be promoted Cardinals are men freely selected by the Roman Pontiff, who are at least in the order of priesthood and are truly outstanding in doctrine, virtue, piety and prudence in practical matters; those who are not already Bishops must receive episcopal consecration.
§2 Cardinals are created by decree of the Roman Pontiff, which in fact is published in the presence of the College of Cardinals. From the moment of publication, they are bound by the obligations and they enjoy the rights defined in the law.
§3 A person promoted to the dignity of Cardinal, whose creation the Roman Pontiff announces, but whose name he reserves in petto, is not at that time bound by the obligations nor does he enjoy the rights of a Cardinal. When his name is published by the Roman Pontiff, however, he is bound by these obligations and enjoys these rights, but his right of precedence dates from the day of the reservation in petto.
You will notice that Church membership is not mentioned anywhere.
Also if you look at Canon 349, it states that it is the job of the Cardinals to assist the Roman Pontiff especially in the daily care of the universal Church.
As Eastern Catholics are part of the universal Church I see the argument that they should be Cardinals as persuasive as those who are against the practice.