Dear Brother Marduk,
Due to time constraints, I will have to give a condensed reply. I hope, though, it will address your points sufficiently.
The quotes you gave strongly support the authority of the episcopacy. But, where do they say the Popeās authority is limited? These quotes do say the episcopal authority is āasserted, confirmed, and vindicatedā by the papal authority. But, again, I missed where these quotes limit papal authority. Could you supply quotes that indicate that papal authority is
limited when it is exercised in relation to the episcopacy?
As to the issue of papal authority and the regulation of the Eastern tradition of a married clergy:
You are correct that the notion of ācanonical territoryā has a lot to do with this. First, a couple of comments and questions to statements you made:
The Curial official was the Vatican Secretary of State, Cardinal Soldano. If he was āprivately reprimanded by the Pope,ā where is the record of this? And, why would such conduct be reprimanded privately?
The press reported that Cardinal Soldano cancelled the order after the intervention of two other Cardinals:
chiesa.espresso.repubblica.it/articolo/6984?eng=y
What was issue again was this concept of āterritory.ā As the article cited above states, the Cardinal gave the order for married Ukrainian Catholic priests to leave Poland:
This concept of territory still stands. In this case in Poland, there was no vindication of Eastern rights. It all came down to territory and the recognition that Ukrainian Catholics in Poland were within their traditional territory.
That papal authority is involved in the restriction of the ordination of married men outside of their ātraditional territoryā can be seen in news reports from the 2010 Synod of Middle Eastern Bishops held in Rome. As reported, A Coptic Catholic Bishop āasked Pope Benedict XVI to revoke a decision made in the 1930s that Eastern churches can ordain married men only in their traditional homelands.ā See:
cnewa.us/default.aspx?ID=1286&pagetypeID=8&sitecode=US&pageno=2
The Synod put this matter into its final recommendations. See section 23:
vatican.va/news_services/press/sinodo/documents/bollettino_24_speciale-medio-oriente-2010/02_inglese/b25_02.html
As to Cum Data Fuerit (1929):
This was a papal decree that enforced celibacy on the Ruthenian Byzantine Church and impeded the rights of the Ruthenian Bishop to ordain married men to the priesthood here in America. A lot more could be said about this but for the sake of this discussion I think we should limit it to this point:
The Pope used his authority to impede the Ruthenian Bishopās rights.
For a full account, the whole story is well documented in the book Historical Mirror:
archive.org/details/HistoricalMirrorGreekRiteCatholics1884-1963
There were several appeals to the Pope over this matter and the Pope did not remove his decree. Cum Data Fuerit led directly to the schism between the Ruthenian Byzantine Church of Pittsburgh and ACROD (American Carpatho Russian Orthodox Diocese) of Johnstown, PA.
As to your statement that this suppression of rights is the fault of the Curia and not the Pope:
It may well be true that occasional directives are the result of over-zealous underlings in the Eastern Congregation. But, where are the statements from the Pope which indicate he supports the right for Eastern Catholics to ordain married men āin the diasporaā? Why is it that the Coptic Catholic Bishop asked Pope Benedict to ārevoke the decisionā? Why has not the Pope spoken up in defense of Romanian and Ukrainian Catholics in Italy over this issue? Why does the Ruthenian Church in the US have to obtain permission from Rome to ordain married men to the priesthood?
The answer is simple: the Pope has, in the Catholic tradition, regulatory power over the rights of the Eastern Bishop outside of the traditional territory.
A full account of this problem with regards to ordaining married men in the Eastern Catholic Churches can be read here:
orthocath.wordpress.com/2010/01/24/can-east-west-coexist-with-married-priests/
Peter