THe Popes Jurisdiction

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I guess we’ll have to agree to disagree. I guess some sort of consensus could be that if the good of the Church would require him to work with the bishops, then that is what he has to do. But if the good of the church doesn’t require him to do so, then he can act independently. I hope that eventually the Church will hammer this all out. But for now we will just have to deal with different opinions. But diversity isn’t always a bad thing =)
 
I guess we’ll have to agree to disagree. I guess some sort of consensus could be that if the good of the Church would require him to work with the bishops, then that is what he has to do. But if the good of the church doesn’t require him to do so, then he can act independently. I hope that eventually the Church will hammer this all out. But for now we will just have to deal with different opinions. But diversity isn’t always a bad thing =)
Agreed, brother.

Blessings,
Marduk
 
Dear brother Andreas,

Are you sure about this? I know that he was on the “tail end” regarding Infallibility. But as far as Primacy is concerned - in his “Controversies,” he states that the Pope is not lord of the whole earth, and neither is he lord of the whole of Christendom.
When St. Robert denies that the pope is lord of the whole earth, he is discussing the pope’s power in temporal affairs. St. Robert opposed the hieratic school of his day that considered the pope to be the original holder and source of all temporal power on earth; instead, he argued that the pope has indirect temporal power, a power to depose rulers and/or regulate the temporal affairs even of individuals, but only when the common spiritual good of the Church requires.

As far as the pope’s spiritual power goes, however, St. Robert makes clear that the Church is divinely established as a (papal) monarchy. On the one hand, he compares this monarchy to that of the empire, insofar as the monarch cannot possibly (due to human limitation) see to the affairs of the whole commonwealth on his own and thus has subordinate rulers who oversee individual provinces and are true rulers, not merely functionaries of his own. However, this analogy breaks down somewhat when he also asserts that all jurisdiction in the external forum comes through the pope. In the empire, jurisdiction arising from below as true states aggregate, while in the Church jursidiction emanates from the center. I will grant that I may be remembering him incorrectly on this point - his controversies are very hard to come by, and I only have a Latin library copy available but not at hand - but since I know I flagged the weakness of his analogy between secular and spiritual government, I’m nearly positive here.
I am not inclined to interpret V1 or V2 beyond what is contained in Tradition. Are you admitting that interpretations such as provided by brother Crusader90 (the Absolutist Petrine view) are in fact novelties in the Church? If so, it should pose no dogmatic difficulty to dispose of such positions for the sake of Church unity.
I am not saying that the “absolutist view” (and I use the scare quotes because I think there would be various modes of thought about the specific restrictions on papal power, which might separate into more than one view) is a dogmatic novelty any more than the dogma of papal infallibility is a novelty. Both ideas are the fruit of reflection on the constitution of the Church, reflection which led to the conclusion that papal authority was greater than that which had in practice been exercised earlier in the Church’s history. I honestly don’t think the fathers of Chalcedon had our notion of papal infallibility in mind when they cried out that Peter had spoken through Leo, and throughout history after that council you will find plenty of Catholics who furiously opposed the notion of papal infallibility. But new things are never added to the deposit of faith, so when an ecumenical council infallibly defined papal infallibility, this meant it must have been present in germ in the Church’s faith from the very beginning. The same would be held by various stripes of papal maximalist schools - no, the pope’s did not exercise the fulness of this authority in times past, but from reflection on the Petrine office we can conclude that he could exercise that fulness.
This is where we definitely disagree. You quoted Chapter 1 of Pastor Aeternus. Chapter 1 is not about the papacy, but about St. Peter in relation to the Apostles. …]
But by no means can one extrapolate this to the whole Church as you have done, saying “this is the same jurisdiction that earlier in the decree is defined as proper.
The pope does not exercise a primacy different from that of Peter’s. I quoted as much of the decree as I did in order to unite the different elements that make that case. Note:
II.3. Therefore whoever succeeds to the chair of Peter obtains by the institution of Christ himself, the primacy of Peter over the whole Church. So what the truth has ordained stands firm, and blessed Peter perseveres in the rock-like strength he was granted, and does not abandon that guidance of the Church which he once received [47].
 
As repeatedly stated, the Church regulates the power of jurisdiction of bishops, but is not the SOURCE of it - much less so can it be said that the Pope is the source of the power of jurisdiction of bishops. And I quoted sources stating as much, while neither you nor brother Crusader90, nor sister JoanofArc have given anything but mere interpretations.
Incorrect. Jurisdiction refers to both the internal forum and the external forum. The Church regulates the external forum, but the internal forum is by divine right. Though a bishop cannot exercise jurisdiction if the Church takes it away for good reason, that does not mean he does not have jurisdiction. The Pope/the Church has the inherent authority to discipline bishops and take away their use of the power of jurisdiction for just cause. The Pope/the Church does not have it within their power in such a way that they can do such things at will.
What is in question here is jurisdiction in the external forum. Bishops do by their very orders receive jurisdiction in the internal forum to forgive sins (though the fact of reserved cases - dare I argue canonically? - would give rise to questions of the extent to which even this jurisdiction might be limited by the pope). In the external forum, however, they have jurisdiction only by dint of ecclesiastical office. Thus, your quote from the Catholic Encyclopedia notes that a bishop has jurisdiction by divine right over his diocese - but his ordination does not grant him a diocese. You are correct, jurisdiction does not originate with the pope, but it still nonetheless flows through the papacy because the pope, in the monarchy established by Christ (which form of government the Holy Spirit preserves), regulates jurisdiction for the whole Church.
Btw, none of what I stated contradicts the V1 canons. The issue here is the word “supreme.” I come from an Oriental Orthodox background. The word “supreme” is not unknown to us as it applies to head bishops. But the word “supreme” to Orientals simply means “highest.” In the Eastern view and the Western polemic understanding, however, “supreme” means “***highest , only, and absolute ***.” That the Pope must act collegially in all things does not derogate from his “supreme” status. But your position makes the Pope out as nothing more than a dictator.
Yes, supreme could be taken in different senses. But you have not responded to the fact that the pope, per Vatican I, possesses the absolute fulness of jurisdiction over all churches and individuals.
So now you’re saying that the common aphorism “once a priest always a priest” is false. Now you are saying that Holy Orders does not imprint an indelible mark on priests. You are saying their use of the power to forgive sins is not merely restricted, but they can’t objectively forgive sins at all. Interesting.
Refer back to the thread on confirmation where I sketched the Latin understanding of the relation between priest and bishop. The power to forgive sins resides in the high priesthood of the bishop and can be exercised by presbyters only when a high priest unites them to himself in the exercise of that power. A priest (presbyter) is always a priest, but a priest does not always have the power to forgive sins.
 
Nope. Because Vatican 2 stated that the Supreme Authority of the Church is the College of Bishops. The Supreme Authority of the Church can be exercised formally on a matter of faith and morals in three ways - the Pope, an Ecumenical Council, the bishops throughout the world in union with its head bishop. In all cases, this Authority can only be exercised collegially. If the greater (the establishment of dogma) requires collegiality, the lesser (the establishment of canons) can require no less. That’s just common sense.
You are equivocating in your use of “collegially.” In the case of the extraordinary magisterium of a council or of the universal magisterium, there is a practical collegiality; for these magisteria to be exercised, a plurality of actors is absolutely necessary. But in the case of the extraordinary papal magisterium, there need be no practical collegiality, no concrete consultation or consent, in order for the teaching to be binding. You will remember that the final paragraph of Pastor aeternus, which is considered to outline the conditions for infallibility, does not state that the pope must consult the bishops of the world. Rather, it requires only that he: 1) speak in his capacity as teacher and pastor of all Christians 2) on a matter of faith or morals 3) to define something as to be held in faith by the whole Church. Tellingly, the decree makes a point of clarifying that “ideoque eiusmodi Romani Pontificis definitiones ex sese, non autem ex consensu Ecclesiae irreformabiles esse” [and therefore such definitions of the Roman Pontiff are irreformable of themselves, and not from the consent of the Church].

Now, of course such exercise of infallibility remains conceptually collegial because the pope is only infallible insofar as he is head, and thus mouthpiece, of the Church. If he is not speaking in union with the Church he does not possess infallibility and thus in this sense his infallibility is only exercised collegially. But I challenge you to establish from the Vatican councils that this mandates not just morally but “juridically” that the pope act in a practically collegial manner in order for his *ex cathedra *statements to teach infallibly.
Acting with the consent of bishops and acting collegially are two different things. St. Robert Bellarmine spelled it out. The first means that the body of bishops must approve every act of the Pope after the fact for it to be valid. This is the Gallican error. The second means that the Pope must never fail to seek the advice and support of his brother bishops before promulgating an act. This is what St. Bellarmine supported, and if you have ever taken the time to read the opinions of the Majority Party Council Fathers at V1, you will see that this is the position that won the day.

Blessings,
Marduk
But is the requirement of collegiality, in the sense of consultation, a moral requirement, or an absolute legal requirement for validity (when such consultation is possible). The proponents of maximalist views do not hold that a pope is not morally bound to collegial action, they simply claim that he is not legally bound to act in this manner. And, I ought to add, they may also make that claim with trepidation because they know how open to abuse this may be.
 
SO Then…

does the pope have either the RIGHT or the AUTHORITY or the inherent CAPACITY to take over another bishops office as the PROPER Ordinary of that diocese?

If the Answers are different fot Latin vs. Eastern Churches, please clarify.

So, could the pope run the day to day of a diocese other than his own in SPITE of the Bishops presence and by DIVINE RIGHT? I phrase it this way becuse this is ultimately the fear of the Orthodox.

aside: Has any council ever declared that the Orthodox church is not part of the One holy catholic and apostolic church?
 
So, could the pope run the day to day of a diocese other than his own in SPITE of the Bishops presence and by DIVINE RIGHT?
If the bishop in the diocese was doing a good job then there would be no reason to. If the bishop was not doing a good job the pope could: tell the bishop to get his act straight, if that doesn’t work he could remove him and put another bishop in the diocese. During the time of having no bishop the Pope could put it directly under his control. Or if what the bishop did wasn’t serious enough to have him removed, but what he did was still wrong…the pope could over ride his decision. If the bishop was doing a good job, then the Pope would respect the bishop’s power.
 
What is in question here is jurisdiction in the external forum. Bishops do by their very orders receive jurisdiction in the internal forum to forgive sins (though the fact of reserved cases - dare I argue canonically? - would give rise to questions of the extent to which even this jurisdiction might be limited by the pope). In the external forum, however, they have jurisdiction only by dint of ecclesiastical office. Thus, your quote from the Catholic Encyclopedia notes that a bishop has jurisdiction by divine right over his diocese - but his ordination does not grant him a diocese. You are correct, jurisdiction does not originate with the pope, but it still nonetheless flows through the papacy because the pope, in the monarchy established by Christ (which form of government the Holy Spirit preserves), regulates jurisdiction for the whole Church.
I’m not sure I understand. Are Catholic bishops not consecrated as ruling bishops of a diocese? Can they be transfered from diocese to diocese?
 
Dear brother Andreas,

Thank you for the intelligent conversation.

I confess the opinion I expressed was from a review of St. Bellarmine’s Controversies, and had not read his opus myself. I’ll hold off further comment on his position in the Controversies until I read it firsthad. However, it is a well-known fact that St. Bellarmine was of the view that if the Pope acts unjustly, the Christian is bound by conscience to oppose and correct him (though it must be said that deposition is another matter altogether). So the Pope’s authority is not absolute from St. Bellarmine’s perspective, which would be contrary to your own position, n’est pas?.
I am not saying that the “absolutist view” (and I use the scare quotes because I think there would be various modes of thought about the specific restrictions on papal power, which might separate into more than one view) is a dogmatic novelty any more than the dogma of papal infallibility is a novelty. Both ideas are the fruit of reflection on the constitution of the Church, reflection which led to the conclusion that papal authority was greater than that which had in practice been exercised earlier in the Church’s history. I honestly don’t think the fathers of Chalcedon had our notion of papal infallibility in mind when they cried out that Peter had spoken through Leo, and throughout history after that council you will find plenty of Catholics who furiously opposed the notion of papal infallibility. But new things are never added to the deposit of faith, so when an ecumenical council infallibly defined papal infallibility, this meant it must have been present in germ in the Church’s faith from the very beginning. The same would be held by various stripes of papal maximalist schools - no, the pope’s did not exercise the fulness of this authority in times past, but from reflection on the Petrine office we can conclude that he could exercise that fulness.
There’s a big difference between the concept of papal infallibility and the concept of primacy as envisaged by the Absolutist Petrine advocates. There are actual indications in the early Church that could point to a teaching of papal infallibility (rightly understood, not according to the sensationalist exaggerations of Absolutist or Low Petrine advocates). But there are absolutely no indications in the early Church that neither the Primacy of the bishop of Rome, nor the Supreme Authority of the Church was ever exercised by the Pope alone. The Ravenna colloquy is helpful in this regard. The participants all agreed that Primacy has always existed in the Church in the context of collegiality.
The pope does not exercise a primacy different from that of Peter’s. I quoted as much of the decree as I did in order to unite the different elements that make that case. Note:
II.3. Therefore whoever succeeds to the chair of Peter obtains by the institution of Christ himself, the primacy of Peter over the whole Church. So what the truth has ordained stands firm, and blessed Peter perseveres in the rock-like strength he was granted, and does not abandon that guidance of the Church which he once received [47].
That’s fine. But I don’t see how that refutes my statements in any way. The Pope, like St. Peter, has proper jurisdiction over the whole Church (i.e., in matters that pertain to the Church universal, his jurisdiction is indeed proper). But nowhere does Vatican 1 claim that the Pope has proper jurisdiction in a local diocese. He has ordinary and immediate jurisdiction over a local diocese, but it is not proper. Only the local bishop has proper jurisdiction in his local diocese, and our canons make that exceedingly clear. In fact, did you know that the canons state that the local bishop – and only the local bishop – has the prerogative to grant to a priest in his jurisdiction the faculty of hearing confessions everywhere in the diocese? In any case, I have explained to you in an earlier post the circumstance wherein the Pope may exercise proper jurisdiction in a local diocese/eparchy.

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What is in question here is jurisdiction in the external forum. Bishops do by their very orders receive jurisdiction in the internal forum to forgive sins (though the fact of reserved cases - dare I argue canonically? - would give rise to questions of the extent to which even this jurisdiction might be limited by the pope). In the external forum, however, they have jurisdiction only by dint of ecclesiastical office. Thus, your quote from the Catholic Encyclopedia notes that a bishop has jurisdiction by divine right over his diocese - but his ordination does not grant him a diocese. You are correct, jurisdiction does not originate with the pope, but it still nonetheless flows through the papacy because the pope, in the monarchy established by Christ (which form of government the Holy Spirit preserves), regulates jurisdiction for the whole Church.
That’s better. That the power “flows through” the Pope – that the bishops’ own power is directly from God, and not merely an extension of the Pope’s own power - would be acceptable to refute the Absolutist Petrine idea that the bishops are nothing more than vicars of the Pope.

However, I strongly question your attaching “monarchy” to “which form of government the Holy Spirit preserves.” As far as I know, the phrase “which form of government the Holy Spirit preserves” occurs specifically in LG 27, in connection with the Pope’s divine responsibility to protect and preserve the prerogatives of his brother bishops. Every bishop is just as necessary as the head bishop for the government of the Church, and that is the government that was set up by Christ. Therefore, the form of the Church’s government cannot possibly be monarchical, but rather collegial.
Yes, supreme could be taken in different senses. But you have not responded to the fact that the pope, per Vatican I, possesses the absolute fulness of jurisdiction over all churches and individuals.
Having the fullness of jurisdiction means that the Pope can do everything that a bishop can do in his local diocese for that local diocese. But it does not mean that the Pope can impede the ordinary and immediate jurisdiction of his brother bishops. If a local diocese/eparchy is under the care of an orthodox bishop, he and he alonenot the Pope - is its proper ordinary, and this according to divine and canon law. As you stated (though in the wrong context), the Holy Spirit indeed preserves the government of the Church established by Christ. I think rather it is you who has not addressed the relevant portion of the Vatican 1 decree (repeated by Vatican 2) that details the divine responsibility of the Pope to uphold, defend, and promote the ordinary and immediate jurisdiction of his brother bishops.
Refer back to the thread on confirmation where I sketched the Latin understanding of the relation between priest and bishop. The power to forgive sins resides in the high priesthood of the bishop and can be exercised by presbyters only when a high priest unites them to himself in the exercise of that power. A priest (presbyter) is always a priest, but a priest does not always have the power to forgive sins.
Yes. The difference between the Eastern and Oriental understanding, on the one hand, and the Western understanding, on the other, of the matter is well-known. Bishops are the ordinary ministers of confirmation in the Latin Church, and the priest is the delegated minister of confirmation, but in the Eastern and Oriental Churches, the ordinary minister of confirmation is the priest. But I think you are mistaken with regards to the Sacrament of Penance. A priest is an ordinary minister of the Sacrament of Penance, just as much as the bishop is. Using your terminology, the power to forgive sins resides not only in the high priesthood of the bishop, but also in the priest himself. It is its use which is regulated by the Bishop.
Tellingly, the decree makes a point of clarifying that “ideoque eiusmodi Romani Pontificis definitiones ex sese, non autem ex consensu Ecclesiae irreformabiles esse” [and therefore such definitions of the Roman Pontiff are irreformable of themselves, and not from the consent of the Church].
This has no relevance to our discussion on collegiality, as explained in the last paragraph of my last post.

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Now, of course such exercise of infallibility remains conceptually collegial because the pope is only infallible insofar as he is head, and thus mouthpiece, of the Church. If he is not speaking in union with the Church he does not possess infallibility and thus in this sense his infallibility is only exercised collegially. But I challenge you to establish from the Vatican councils that this mandates not just morally but “juridically” that the pope act in a practically collegial manner in order for his ex cathedra statements to teach infallibly.
Ummm. Who’s equivocating? First you say that no collegiality is necessary for an ex cathedra decree, and now you say it is “conceptually” the case (?).

But to demonstrate that practical collegiality is necessary, I would direct you to the historic proem of Chapter 4 (on Infallibility) of Pastor Aeternus. In case you did not know, this proem (paragraph 5 of Chapter 4) was not part of the original draft of the Decree. Before the addition (and other revisions), there was a solid and justified concern not only from the Minority Party, but many in the Majority Party as well, that the Dogma as worded meant the Pope could pronounce something ex cathedra by his mere will. The purpose of the proem was to mollify this concern. The proem detailed the manner in which infallibility was historically exercised, and actually set another condition based on Sacred Tradition on the papal exercise of the Church’s infallibility.

Many/most/almost all who read the Decree will not give the proem a second thought other than to ponder, “that’s good to know.” One has to actually study the background history of the First Vatican Council, the debates that went on behind the scenes, in order to fully appreciate and understand that the proem was intended by the First Vatican Council fathers as a limiting factor to the exercise of papal infallibility. The Council Fathers very well knew this. In fact, the addition of the proem managed to swing several of the Minority Party votes (of the ones who were still there at that late date anyway) from non placet or placet juxta modum to placet. It even garnered the approval of two of the remaining non-Latin bishops (an Armenian, and I forget the other one at the moment). A further indication of the relevance of this proem as a limiting factor was the reaction of the neo-ultramontanist camp of the Majority Party (the neo-ultramontanists were those who adhered to an Absolutist Petrine view, while the ultramontanists were of the High Petrine view). The neo-ultramontanists were vociferously opposed to the addition of the proem, so much so that it prompted a few of them to leave the Council in disgust, imagining that the Decree was now nothing more than an attenuated form of Gallicanism!!!

So what was this limiting factor? It is contained in this excerpt:
“Therefore, the bishops of the whole world, sometimes singly, sometimes assembled in Councils, following the long-standing custom of the churches and the form of the ancient rule, reported to this Apostolic See those dangers especially which came up in matters of faith…”
(The proem also detailed other limiting factors to the exercise of papal infallibility, but our only concern here is collegiality).

The Pope cannot just wake up one morning and decide, “I think this will be a good day to promulgate a new dogma.” The exercise of papal infallibility, insofar as its initiation is concerned, is contingent upon the diligent exercise of the bishops’ pastoral office. And neither can the Pope just say to himself, “This doctrine worries me and I am going to make a dogma on the matter.” If the Church through her bishops has not expressed any need for a dogma, the Pope has no authority to make dogma. In Peter Seewald’s book based on his interview with HH, Benedict XVI affirms that the Pope has no authority to arbitrarily create dogma, but must work with his brother bishops to proclaim the faith of the Church (easternchristianbooks.blogspot.com/2010/12/pope-of-rome-and-christian-east.html).

I hope that helps.
But is the requirement of collegiality, in the sense of consultation, a moral requirement, or an absolute legal requirement for validity (when such consultation is possible). The proponents of maximalist views do not hold that a pope is not morally bound to collegial action, they simply claim that he is not legally bound to act in this manner. And, I ought to add, they may also make that claim with trepidation because they know how open to abuse this may be.
When you say “morally bound,” is that a tacit admission that this is the divine (as distinct from canonical) intention as expressed by V1 and V2? Remember that the concept of collegiality is not the same thing as the concept behind “the consent of bishops.”

Blessings,
Marduk
 
Dear brother Crusader90,
If the bishop in the diocese was doing a good job then there would be no reason to. If the bishop was not doing a good job the pope could: tell the bishop to get his act straight, if that doesn’t work he could remove him and put another bishop in the diocese. During the time of having no bishop the Pope could put it directly under his control. Or if what the bishop did wasn’t serious enough to have him removed, but what he did was still wrong…the pope could over ride his decision. If the bishop was doing a good job, then the Pope would respect the bishop’s power.
You probably know this by now, but for the sake of others who don’t —

Your statements here only apply to the Latin Catholic Church. In the Eastern and Oriental Catholic Churches, the prerogative you outline here is in the competence of the appropriate head bishop (Metropolitan/archbishop, catholicos, Major Archbishop, Patriarch) in synodal fashion, not the Pope. Of course, if these are somhow all impeded (by some fantastic circumstance), the Pope would naturally have the prerogative to do these things for the Eastern and Oriental Churches.

Blessings,
Marduk
 
You probably know this by now, but for the sake of others who don’t —
Your statements here only apply to the Latin Catholic Church. In the Eastern and Oriental Catholic Churches, the prerogative you outline here is in the competence of the appropriate head bishop (Metropolitan/archbishop, catholicos, Major Archbishop, Patriarch) in synodal fashion, not the Pope. Of course, if these are somhow all impeded (by some fantastic circumstance), the Pope would naturally have the prerogative to do these things for the Eastern and Oriental Churches.
Again what you say is a matter of ecclesiastical law and subject to change. If there was a new code for eastern Churches in 20 years, this could all change. However, seeing that the Pope is not the Patriarch of the Eastern Churches it would take a lot more for the Pope to get involved, and I think the code of the Eastern Churches have a duty reflect that.
 
Dear brother Joseph,
I’m not sure I understand. Are Catholic bishops not consecrated as ruling bishops of a diocese?
Not all bishops, and I think you know this, since it is the same in the Orthodox Churches. Auxiliary bishops are truly bishops, but they don’t have proper jurisdiction like the proper ordinary.
Can they be transfered from diocese to diocese?
If the needs of the Church call for it. Translation of bishops has historically occurred in the Church both East and West despite the canons. The canons never forbade translations absolutely. The Councils forbade translations of bishops for very specific reasons - (1) to prevent heretical bishops from moving from see to see; (2) to counter the secular power’s attempts to control the Church; (3) to prevent a bishop from abandoning his flock for “greener pastures.” Translation of bishops for the purpose of meeting a genuine need of the Church was never forbidden. In the Latin Catholic Church, the Pope normally does this in consultation with local bishops; in the Eastern and Oriental Catholic Churches, this is the prerogative of the Synod.

Blessings,
Marduk
 
So the Pope’s authority is not absolute from St. Bellarmine’s perspective, which would be contrary to your own position, n’est pas?.
Dear brother Marduk,

This is why I earlier used scare quotes for the “absolutist view.” Though the position I read out of the texts is very similar to that you have in mind, mine is limited by the Thomistic understanding of law. This implies that his legal authority can only be exercised for the common good and that unjust commands can be resisted. The doctrine of disciplinary infalliblity means that a law imposed upon the whole Church cannot enjoin anything intrinsically evil, but that does not protect less universal rulings.
In fact, did you know that the canons state that the local bishop – and only the local bishop – has the prerogative to grant to a priest in his jurisdiction the faculty of hearing confessions everywhere in the diocese?
How does this relate to the pope’s canonical ability to grant any priest universal faculties, and the ability of faithful to approach priests of any rite for the sacrament?
However, I strongly question your attaching “monarchy” to “which form of government the Holy Spirit preserves.” As far as I know, the phrase “which form of government the Holy Spirit preserves” occurs specifically in LG 27, in connection with the Pope’s divine responsibility to protect and preserve the prerogatives of his brother bishops. Every bishop is just as necessary as the head bishop for the government of the Church, and that is the government that was set up by Christ. Therefore, the form of the Church’s government cannot possibly be monarchical, but rather collegial.
The argument there is rather straightforward and, admittedly, taken over from St. Robert who is largely following St. Thomas. God constituted the Church according to the best form of government, and that is monarchy, both because it is the divine form of government and because it is most efficient of the good. The collegiality of bishops constitutes an admixture to this monarchy of aristocracy, whereby bishops are true but subordinate rulers, and democracy, because all men are capable of becoming bishops. The form remains essentially, however, monarchical. That’s just what those two Latin doctors have taught.
A priest is an ordinary minister of the Sacrament of Penance, just as much as the bishop is. Using your terminology, the power to forgive sins resides not only in the high priesthood of the bishop, but also in the priest himself. It is its use which is regulated by the Bishop.
A priest is incapable of validly conferring confirmation without faculties. A priest is incapable of validly absolving without faculties. Call it what you will, the cases function in parallel. It is not a power that can be exercised validly but illicitly without episcopal approval; rather, it is one that cannot be exercised at all without such.
 
Dear brother Joseph,

Not all bishops, and I think you know this, since it is the same in the Orthodox Churches. Auxiliary bishops are truly bishops, but they don’t have proper jurisdiction like the proper ordinary.
I am familiar with auxiliary bishops.
If the needs of the Church call for it. Translation of bishops has historically occurred in the Church both East and West despite the canons. The canons never forbade translations absolutely. The Councils forbade translations of bishops for very specific reasons - (1) to prevent heretical bishops from moving from see to see; (2) to counter the secular power’s attempts to control the Church; (3) to prevent a bishop from abandoning his flock for “greener pastures.” Translation of bishops for the purpose of meeting a genuine need of the Church was never forbidden. In the Latin Catholic Church, the Pope normally does this in consultation with local bishops; in the Eastern and Oriental Catholic Churches, this is the prerogative of the Synod.

Blessings,
Marduk
Yes but the way a previous poster made it seem Catholic bishops are consecrated and then the pope places them in a diocese. Almost as if the pope simply plugs bishops in wherever he sees fit and that they have no inherent connection to the diocese they rule. In Orthodoxy the episcopal candidate is elected by the holy synod as bishop of lets say Atlanta. The candidate is then consecrated bishop of Atlanta and that is his diocese, he is the ruling bishop of Atlanta and he cannot be removed from that diocese without his consent except for heresy or canonical violations.

Am I misreading the Catholic position?

In Christ
Joe
 
Dear brother Joseph,
IYes but the way a previous poster made it seem Catholic bishops are consecrated and then the pope places them in a diocese. Almost as if the pope simply plugs bishops in wherever he sees fit and that they have no inherent connection to the diocese they rule. In Orthodoxy the episcopal candidate is elected by the holy synod as bishop of lets say Atlanta. The candidate is then consecrated bishop of Atlanta and that is his diocese, he is the ruling bishop of Atlanta and he cannot be removed from that diocese without his consent except for heresy or canonical violations.
I read brothers Crusader90 and Andreas’ descriptions exactly as you do - that the Pope at his will can plug in bishops whereever and whenever he chooses for whatever reason. Their claim is that though the Pope can do this at will, he should not do so. And that was my main contention with them.

I don’t believe V1, V2 or the canons give the Pope any divine right to do such things at will, but only according to necessity - i.e., according to the needs of the Church. And the needs of the Church are not determined by the Pope alone, but can only be determined collegially.

But giving them the benefit of the doubt, I think we can interpret Crusader90 and Andreas’ statements to mean nothing more than that when a bishop acquires his jurisdiction (say, in Atlanta), it has been given through the agency of the Church for it is the Church which regulates such things - which I’m sure you’ll agree.
Am I misreading the Catholic position?
A correct understanding would be that currently, the Catholic position can be interpreted in both an Absolutist Petrine and a High Petrine sense. The Vatican Decrees can be read to mean that the Pope is the source of every episcopal power on earth (Absolutist Petrine view), and they can also be read with a collegial understanding (High Petrine view). I personally believe that the Absolutist Petrine view can only be supported by a myopic, non-contextual, reading of the Vatican Councils, but it exists nonetheless. I know that the High Petrine view also exists within EO’xy, and I sincerely believe it is only through that position that unity will ever be achieved on the issue of the papacy.

Blessings,
Marduk
 
The Pope can lawfully do all that is not harmful to souls or injurious to the Church.
 
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