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Hello:

I am going to post a section from the Code of Canons of the Eastern Churches (CCEC) on the Supreme Authority of the Church. This will be helpful in the discussions.

Here it is:

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Title III. The Supreme Authority of the Church

Can. 42 Just as by the lord's decision Saint Peter and the other Apostles constitute one college, so in a like manner the Roman Pontiff, the successor of Peter, and the bishops, successors of the apostles, are joined together.

Chapter I. The Roman Pontiff

Can. 43 The bishop of the Roman Church, in whom continues the office (munus) given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ and pastor of the entire Church on earth. By virtue of his office (munus) he possesses supreme, full, immediate and universal ordinary power in the Church which he is always able to exercise freely.

Can. 44 1. The Roman Pontiff obtains supreme and full power in the Church by his acceptance of legitimate election together with episcopal ordination. Therefore, a person elected to the supreme pontificate who is marked with episcopal character obtains this power from the moment of acceptance. If the person elected lacks episcopal character, however, he is to be ordained a bishop immediately.

2. If it happens that the Roman Pontiff resigns his office (munus), it is required for validity that the resignation is made freely and properly manifested, but not that it is accepted by anyone.

Can. 45 1. By virtue of his office (munus), the Roman Pontiff not only possesses power over the entire Church but also obtains the primacy of ordinary power over all the eparchies and their groupings. Moreover, this primacy strengthens and protects the proper, ordinary and immediate power which bishops possess in the eparchy entrusted to their care.

2. In fulfilling the office (munus) of the supreme pastor of the entire Church, the Roman Pontiff is always united in communion with the other bishops and with the entire Church. He nevertheless has the right, according to the needs of the Church, to determine the manner, whether personal or collegial, of exercising this office (munus).

3. No appeal or recourse is permitted against a sentence or decree of the Roman Pontiff.

Can. 46 1. Bishops assist the Roman Pontiff in exercising his office (munus). They are able to render him cooperative assistance in various ways, among which is the synod of bishops. To assist him there are also cardinals, the Roman curia, pontifical legates and other persons and various institutions according to the needs of the times; all these persons and institutions fulfill the function entrusted to them in his name and by his authority for the good of all the Churches, according to the norms established by the Roman Pontiff himself.

2. The participation of patriarchs and of all the other hierarchs who preside over Churches sui iuris in the synod of bishops is regulated by special norms established by the Roman Pontiff himself.

Can. 47 When the Roman see is vacant or entirely impeded, nothing is to be altered in the governance of the entire Church; the special laws issued for these circumstances, however, are to be observed.

Can. 48 In this Code the term "Apostolic See" or "Holy See" applies not only to the Roman Pontiff but also, unless it is otherwise specified by the law or is clear from the nature of the matter, to the dicasteries and other institutions of the Roman curia.

Chapter II. The College of Bishops

Can. 49 The college of bishops, whose head is the Roman Pontiff and whose members are bishops by virtue of sacramental ordination and hierarchical communion with the head of the college and its members, and in which the apostolic body continues in an unbroken manner, together with its head and never without this head, is also the subject of supreme and full power over the entire Church.

Can. 50 1. The college of bishops exercises power over the entire Church in a solemn manner in an ecumenical council.

2. The college of bishops exercises this same power through the united action of the bishops dispersed in the world, which the Roman Pontiff has publicly declared or freely accepted as such so that it becomes a true collegial act.

3. It is for the Roman Pontiff, according to the needs of the Church, to select and promote the ways by which the college of bishops can collegially exercise its function regarding the entire Church.

Can. 51 1. It is for the Roman Pontiff alone to convoke an ecumenical council, to preside over it personally or through others, to transfer, suspend or dissolve a council, and ot confirm its decrees.

2. It is for the Roman Pontiff to determine the matters to be treated in an ecumenical council and to establish the order to be observed in the same council. To the questions proposed by the Roman Pontiff, the fathers of the ecumenical council can add others which are to be approved by the Roman Pontiff.

Can. 52 1. All the bishops and only the bishops who are members of the college of bishops have the right and obligation to take part in an ecumenical council with a deliberative vote.

2. Moreover, some others who are not bishops can be called to an ecumenical council by the supreme authority of the Church, to whom it belongs to determine their roles in the council.

Can. 53. If the Apostolic See becomes vacant during the celebration of an ecumenical council, this council is interrupted by virtue of the law itself until the new Roman Pontiff orders the ecumenical council to be continued or dissolves it.

Can. 54. 1. The decrees of an ecumenical council do not have obligatory force unless they are approved by the Roman Pontiff together with the council fathers, confirmed by him and promulgated at his order.

2. To have obligatory force, decrees that the college of bishops issues when it places a truly collegial action in another way initiated or freely accepted by the Roman Pontiff need the same confirmation and promulgation.

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God bless,

Rony

Thank you, Rony. I wonder why no one posted this earlier.

Logos Teen

Dear Chaldean Catholic,

Dated October 1, 1991 correct?

In Christ,

Matthew Panchisin

Teen Of The Incarnate Logos:

I guess no one posted this earlier because in order to do so one would have to hand type it from the text into the board. I haven't found the text online where I can easily copy and paste, and so, I decided to just hand type it from the hard copy that I purchased.


Matthew Panchisin:

As far as I understand, this is a newer English translation of the code promulgated by the Holy Father in 1990. It's copyrighted 2001 by Canon Law Society of America.

This is how it is described in the CLSA's website:

Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation New English language translation of the Codex Canonum Ecclesiarum Orientalium, promulgated in 1990 by Pope John Paul II, improving upon the first tranlation of 1992. This translation was prepared under the auspices of the Canon Law Society of America and approved by the Eastern Catholic eparchs in the United States; it presents the Latin and English texts of the canons in parallel columns. Also included is an English translation of the apostolic constitution Sacri canones, the Preface of the official Latin edition, a glossary of significant Latin terms, the fontes (sources) of the individual canons, an English translation of the index prepared by Ivan Zuzek, SJ, as well as the Latin and English texts of the new laws for the Causes of Saints, Divinus perfectionis Magister and Pope John Paul II's apostolic constitution Pastor bonus on the Roman curia issued in 1988. (2001) xlii + 860 pp., hardbound. ISBN 0-943616-88-3

God bless,

Rony

Unfortunately, an English translation of the Eastern Code is still not online. (Can you imagine any other major Church document so inaccessible?) If you can read French it is online at:

http://www.droitcanon.com/CCEO%201990.html

David Ignatius DTBrown@aol.com

DTBrown:

Thanks for posting the French link. I wish I could read French, it's such a nice language.

I agree that the CCEC, being a major Church document, should have been accesible online in English by now.

God bless,

Rony

Dear Rony:

The Canons of the Eastern Code you industriously posted here corresponds to Canons 330 through 341 of the 1983 Latin Code of Canons, give or take a few subsections.

AmdG

Whether these Cannons apply to the Latin Rite or the Church as a whole, I would say that they give us a pretty good idea why our brothers the big-O Orthodox are hesitant to enter into serious ecumenical discussions, n'est pas?

Still, I believe JPII has asked the Eastern Churches in communion with Rome to help the Catholic church re-define the role of the Papacy. This is also worth remembering in these discussions.

Yours,

hal

It is also the reason why most Eastern Catholic Churches have not officially 'received' these canons. There are many problems with this interesting document, which canonists and scholars all readily admit (and debate in appropriate and scholarly journals).

Some day, maybe in our life time, maybe after it, this code will be revised and improved, perhaps even with the boldness, freedom and courage with which the 1916 Latin Code was revised?

Without wishing to be too harsh on this document, we must be indulgent, as it is a helpful tool, and the first attempt at a code of canons for eastern catholic churches. If there are inconsistencies, problems, and refinements to be made, should we really be surprised?

It is a heroic effort, and much hard work went into it.

When reading either of the Codes with reference to the authority of the Pope, the Patriarch and the bishop one must keep in mind that strong language is used because in many countries - including the USA - these Codes have a degree of standing in the civil courts (the nature of this degree of standing varies from country to country) and thus the Codes are written to protect the Church in that context. These paragraphs are not necessarily ecclesiological or theological definitions. Incognitus

I too agree that the Eastern Code is very much a "work in progress".

On one had one does want to preserve the appellant ministry of the Petrine, Papal office, whereby any of the Churches would have the right to appeal to Rome and Rome would have the duty and obligation ex officio to deal with these appeals.

On the other hand the wording of the code as it stands now seems to be overly and excessively ultramontane and thus be in contradiction with other papal documents which call for a return to Eastern roots and forms amongst the Eastern Churches within the Catholic Communion. It makes it sound as if the Pope were the only Bishop and all bishops were only his Nuncios. Perhaps canonists perfer to err on the side of "caution". This is certainly not the ecclesiology of the first millenium.

Besides which the idea of One Sole code for all the Eastern Church, does not seem to me to recognize the great diversity that exists amongst the various Eastern Churches, which may differ one from another as much as they differ from the Latin Church.

Herb

Dear Friends:

The Latin Code of Canons and the Eastern Code of Canons could be viewed as "works in progress" insofar as either, or both, are susceptible to further amendments, or outright repeal subsequent to their respective promulgations (1983 for the Latins and 1990 for the Eastern Churches) by the Pope, as the Supreme Authority of the Church.

However, each set of Codes, whether we like it or not, is binding equally to all Churches in the Catholic communion, and carries the authority of Church law, regardless of our diversity.

AmdG

It certainly was the ecclesiological model of the Alexandrian Church.

I refer to our friend 'icognitus' and his well stated point, that this legal formula is for good order and legal clarity, and is not really a theological or ecclesiological statement. For these, other documents (not least "ut unum sint") are more helpful.