J
JReducation
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There are two points that I’d like to speak to.(the appeal to canons 1321-4 dealing with situations of necessity/emergency: posting #59 on this thread)
Does anybody have a citation for this? I have tried to study this issue for many years, and I have never come across a direct comment by Pope John Paul II on the topic. I think that people are simply assuming that he must have made this judgment. But as I wrote in posting #59, he (and others) simply ignored the objection.
I think this is erroneous, Bro JR. Can you give a citation on this thesis? Yes, the pope can change canon law unilaterally. This is normally done via a Motu Proprio: “A statement of the pope’s personal initiative that carries the force of law”. But while Canon Law stands he is still bound, in elementary justice, to follow it. The Pope is the custodian of the Church: he does not own it. the Church is the Mystical Body of Christ, not the Mystical Body of the Pope. Therefore even the Pope must operate along certain lines.
This is indeed one of the sticking-points between what we will call “the traditionalists” and those who reject the trads’ position. The SSPX are among the staunchest defenders of the papacy, as was shown in the PIlgrimage of Tradition during the Holy Year of 2000, which visibly impressed Pope John Paul II.
I agree with your take on delegated authority, Bro JR. I raise the point of the newspaper article condemning Mgr Lefebvre because the Cardinal issuing it was not in the chain of authority delegated to do so. There is, or was, a widely-repeated notion that Mgr Lefebvre was excommunicated by the pope. I reply that this was not the case. You will notice also in Pope Benedict’s Summorum Pontificum that the decree lifting the excommunication identifies it as having been issued by Cdl Gantin, not Pope John Paul II. I am not saying here that Pope John Paul II disagreed with Cdl Gantin’s decree; I am merely reminding readers of the facts.
My wording my have been poor, but my understanding is correct. Ignore may be a sloppy word. The pope does have the authority to decide when and when not a canon appplies. There are precedents for this. I’ll give you one that comes to my mind quickly . . . the founding of the Dominicans and the Franciscans. The two communities were founded within a year of each other, the Dominicans in 1208 and the Franciscans in 1209.
At the time, the law said that new rules for religious life were banned. All new religious orders had to adopt one of the existing rules and write constitutions that would adopt them to their situation, without changing the rule itself. In other words, they were found to the rule, but the founder could add whatever was not in the rule to help his new order.
St. Dominic approaches Pope Innocent III in 1208 and is told that his rule cannot be accepted, because of the law. St. Dominic adopts the Rule of St. Augustine and effectively makes the Dominican Order an Augustinian community.
St. Francis approaches Pope Innocent III in 1209. He is told the same thing. St. Francis makes his case that his rule was not inspired by men, but is of divine inspiration, “No one told me what to write, except the Most High God.” The Cardinals argue that there is no new revelation since the death of the last Apostle. Twenty-four hours later, Pope Innocent comes back and says that the canon does not apply, because Francis’ rule is truly of Divine Revelation and he approves it and 14-years later, Pope Honorius again overrules the law and says the same thing. The rule is of Divine inspiration and he puts a papal bull on it so that no one, not even the Franciscans can ever touch edit it. That was the last rule that was ever approved in the Catholic Church. All of the other rules ever approved have the legal force of statutes, not binding rules, because Canon Law still says that no new rules may be presented.
That’s an example of why I meant when I used the word “ignore”. I’m sorry for the sloppy word. But I hope the example is helpful.
Now to the second point. I believe that we’re making more out this “who issued the excommunication” than needs be. Through history excommunications have been issued by many people, including local bishops, as was the case with Joan of Arc. Only those that were declared invalid by the pope were rescinded. The others remained in effect. Pope John Paul’s silence on the matter is also a matter of justice. If he had believed that the excommunication was unjust, then in justice he would have been bound to say so. He remained silent. Given that we’re dealing with a man whose life has been studied scrupulously and has been found to have lived a heroic life of Christian virtue, this is no small point that could be unknown to the Sacred Congregation for the Causes of the Saints, to the Cardinals who review their findings and to Pope Benedict who declared Pope John Paul II to be Venerable. Therefore, one can safely assume that John Paul’s silence on the matter was an act of justice and the excommunication was justified and valid.
Fraternally,
Br. JR, OSF