Fr Ambrose:
Since you have obviously been able to read more of what the Council had to say than I have, please supply the Canon/s which restrict the Pope’s authority to exercise immediate and superior jurisdication to situations of need. If you are correct and the exercise of his authority is restricted to occasions of need under what circumstances does the Council allow him to exercise that authority?
Where may I find the references to these qualifications/restrictions in the conciliar documents?
The principle is implied, Father. The US constitution vests ultimate judicial authority in the Supreme Court, yet doesn’t have to specify that the courts actions should rest on need and not the arbitrary will of its members.
Catholics see a clear distinction between doctrine and canon law. The two are obviously related in the sense that the latter depends on the former, but they are nonetheless different. A secular constitution rests on the principles of popular sovereignty, but is articulated in practice by laws. Similarly the Church’s ecclesial constitution rests on
doctrine and is articulated through canon law. If you wish to understand how the Papacy works in practice, read canon law. All Vatican I does is spell out the space within which specific provisions of canon law can operate.
Vatican I represent an (incomplete) effort to spell out the doctrinal basis for the Church’s ecclesiology. It was incomplete in that the Council rose before completing its agenda which was taken up again by Vatican II at which it was made reasonably clear (and incidentally puting the kabosh to ultramontane theology) that the episcopate existed and operated alongside primacy de jure by divine institution and was thus not dependent on primacy.
I personally see some utility in a further definition more clearly setting out the doctrinal relationship between primacy, episcopacy and collegiality (by analogy with Peter, the individual Apostles, and the 12 together), but traditional Church teaching on this question is already reasonably clear, and such a definiton can probably wait for the Council that would formalize any eventual reunion.
I know this won’t satisfy you because current (mainstream) Orthodox ecclesiology rules out the idea that there is or can be a theological basis for a Primate exercizing such wide ranging authority even if merely in theory and in cases of objective need (except possibly by way of delegation by the bishops). This is a genuine point of disagreement between our Churches, and the Catholic argument rests fundamentally on the Catholic reading of Tradition and the Petrine texts. This is a difficult issue that cannot be sidestepped in any reunion.
But Othodoxy explictly recognized the rights of Holy Synods and Ecumenical Councils to “supreme authority” over the “whole Church” or the autocephallous Churches, so obviously the problem does not lie in the theoretical nature of the authority in question. If it is not tyrannical for the majority at a Synod to have supreme authority over a minority, why is it necessarily tyrannical for the Primate to have supreme authority with respect to the Church.
My problem here is that, absent the primacy and the Petrine mandate attested in scripture, I can’t see what the doctrinal basis for such supreme synodical authority in the Eastern Orthodox Church might be.
So in brief, if you wish to find the restrictions on the Pope’s
practical authority and a description of how the Church actually works
in practice (as opposed to how it might work exceptionally in all imaginable circumstances), read the Code of Canon Law. Pope’s
can change canon law, but when they do so unwisely the result is often schism, again demonstrating the practical limitations and constraints within which they are forced to operate.
Catholic bishops still form a genuine episcopate and have not been constituted into a corps of apostolic vicars. They fully enjoy their offices by divine right, as does the Pope. He is, after all, one of them.
Irenicist