I see more clearly what you’re asking.
The answer is not so simple to understand . . . just simple to state.
The pope executes the law using the same way of thinking as God uses. The law says, “you shall not ordain bishops without the permission of the pope. If you do, you will cut yourself off from the Church (excommunication).” There is nothing more that God or the pope need to say here. If you ordain without permission, the consequences are excommunication.
The pope does not look at any evidence other than one, “Where is your permission to ordain bishops?” If you can’t present that evidence, then you suffer the consequences of the law.
The good bishop presents another law. “There is a state of emergency and even if it only exists my imagination, as long as I honestly believe that there is a state of emergency, I cannot be punished for this.”
The pope comes back again trying to look at the law through God’s eyes. Here is what he sees.
We have discussed this.
You have been given options
We made an agreement.
You made some promises.
You violated that agreement and broke those promises
God gives us law to protect the innocent
You were warned.
You broke the law.
You’re not innocent
Therefore, the law cannot be applied to you.
It’s a very effective system of law, which has actually been the model for many countries and it is the oldest legal system in existence. It works and survives, because it’s so concrete and there is no room for appeal beyond the pope. The pope’s decisions can only be appealed if he agrees to hear the appeal. He does not have to do so, just as God does not have to hear our appeals. At some point, even God says, “The conversation is over.”
We can disagree with the law. We can disagree with how the pope is applying it. But we can do nothing about it. He has absolute and total freedom to bind and unbind.
It’s genius.
Fraternally,
Br. JR, FFV