Irony: When A Council Kills Conciliarism

Oakley’s chapter on the First Vatican Council contains the following nuggets. The first is that conciliarism was alive and sort of well in ecclesiologists such as Henri Maret, the last dean of the theology faculty at the Sorbonne. Oakley describes his position this way:

In conscious opposition, then, to De Maistre, Maret sought to identify in the Church’s constitution a liberal element that could open the way to his longed-for ‘reconciliation of the Church with the modern notion of freedom’. Noting the presence in the Church’s constitution of a ‘democratic element in that any member of the faithful could be called to the episcopal state and that is was the original practice of Christian communities to elect their bishops, he insists, none the less, that democracy cannot claim sovereignty in the Church. But nor does that sovereignty reside in any form of absolute monarchy. It belongs, instead, to monarchy tempered with aristocracy (in one place he calls it ‘a monarchy essentially aristocratic and deliberative’), in effect, what is sometimes called a mixed government, one framed along the same lines as ‘constitutional and representative monarchy’ in the world of secular regimes.

That much can be said, Maret believes, even without having determined the precise relationship between pope and bishops. But as soon as one attempts to make that determination, one comes up against the fact that two long-standing schools of thought compete for one’s allegiance. The first is the Italian school, which . . . . says, ‘the pope possesses a monarchical power that is pure, indivisible, absolute and unlimited.’ . . . The competing school, that of Paris, . . . asserts to the contrary that, while the pope is indeed the monarch of the Church, that monarchy is ‘truly and efficaciously tempered by [the] aristocracy’ of bishops. . . .

One has to decide between these competing schools, and to do so (he says) one has to put them to the test of scripture and tradition. So far as the scriptures are concerned, the celebrated cluster of texts (notably Matthew 16 and 18) which together constitute what he calls (and pace De Maistre) the very ‘constitutional charter’ of the Church, certainly seem to suggest that the sovereign power was given, not to Peter alone, but to the ‘collective unity’ of Peter and the other apostles, and to exclude from the government of the Church therefore any sort of ‘pure, absolute and indivisible monarchy’. But it is to the acts of the general councils down through history that one must turn for the ‘authentic commentary’ on and ‘legitimate interpretation’ of that fundamental scriptural’constitutional charter’. . . . [O]n the conflicted issue of the pope-bishop relationship the decrees emanating from Constance and Florence are ‘the most weighty and celebrated’. (211-213)

Maret’s conclusion was that Haec Sancta and Frequens, the conciliar determinations that resolved the Western schism, were not “dogma of faith,” but “constitutional law” that regulated ecclesiastical power. These were decrees that stated more clearly and solemnly than had been before that the “Church’s constitution was to be viewed as a mixed one, a ‘monarchy . . . essentially aristocratic and deliberative’, one in which the pope, while possessing by divine authority the plenitude of power, was no pure absolute and unlimited monarch but a ruler who, in the exercise of that power, was limited by the aristocratic element constituted by the bishops themselves — ‘true princes,’ he added, possessing by divine right a share in the Church’s sovereign power.”

The second nugget is that First Vatican Council ended this tradition of conciliarism:

Maret’s position was to be doomed, thrust into the outer darkness of heterodoxy by Pastor aeternus, the First Vatican Council’s historic decrees on the primacy of jurisdiction and infallibility of the pope. Or so the pertinent curial officials clearly concluded. If Lord Acton as a layman was able to avoid any forthright endorsement of the council’s teaching on infallibility against which he had fought so vigorously, clerics like. . . Maret were permitted very little room for manoeuvre. . . . [Maret] was to find that his earnest attempts to identify some fugitive common ground between his own form of neo-Gallicanism and the ecclesiology which informed Pastor aeternus were unacceptable at Rome. In August 1871, then, though without specifying what is was, precisely, that he had in mind, he publicly disavowed ‘whatever in his book and in his Defense is opposed to the Council’s definition.’ (216)

10 thoughts on “Irony: When A Council Kills Conciliarism

  1. Darryl:

    Poor Mr. (Rev. Dr. Prof.) John Henry Newman, that self-loathing so-called Anglican and intellectual gymnast, was rather strongly opposed to Vatican 1’s infallibilism. The poor chap was in consultation with Mr. (Cardinal) Dollinger who, of course, argued that the centralizing posture was against the early patristic practices. But, like others, he [Dollinger] was elbowed out by Pius IX’s cohorts.

    Also, while mentioning Mr. (Pope) Piux IX, his “Syllabus of Errors” is a real gem on Roman “strong arm tactics.” Mr. Abraham Lincoln was aware of these “anti-democratic” policies emanating from…um…ok, I’ll be polite…from Rome. I was going to say, “sewer,” the turgid brown Tiber River (and it is very brown).

    Speaking of strong-armers. Doing some work on Mr. (Henry) Tudor’s problem with Catherine.

    But, entirely off-point from Mr. Pius XI, pushing backwards 340 years before Vatican 1, Darryl, you should take a look at how Mr. (Pope) Clement VII “double-crossed” Henry VIII on the matrimonial issue. It’s a sad story in one sense, but entirely entertaining in another sense. That old bishop of Rome clearly “double-crossed” him (not that old Harry was some saint either). Old Clement had “two wives” himself so it wasn’t about sex-on-the-side, but rather the pacification of Emperor Charles V. He cut some land deals with Clement VII in clear “quid pro quos.” Three specific points in the deals, but will forego developments. What a hoot! Both Clement VII and Charles V would do Machiavelli proud. Cranmer wrote from Rome in 1532 that he’d “never seen such inconstancy.” Henry finally discovered the back-room dealing too. Long, but rather funny story. And some kind of English Reformation emerged from this Romanist mess?

    Keep the hand firmly on the wallet in back pocket. Every bishop of Rome is born “dead in his sins and trespasses” and need Christ’s merits “alone.” But, they have investments in avoiding that message.

    History is entertaining.

    Regards.

    Donald Philip Veitch
    Camp Lejeune, North Carolina

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  2. DGH and all — I don’t know about you, but I find Rome’s “official” doctrinal and constitutional actions over the centuries to be as harmful and reprehensible as anything that Hitler and Stalin did during the 20th century.

    Note to Zrim: This is why I take no public issue at all with any other Christians (almost). Because there is a quantum difference between the Roman posturing and maneuvering (and not to mention the many murders they sanctioned) and anything at all that Protestant Christians (and even the Eastern Orthodox) may have gotten wrong over the centuries.

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  3. John, to say nothing that their ecclessiology isn’t grounded in Scripture. Yeah, my kids won’t have the Pope as their pastor. That’s kinda where the rubber meets the road, it seems to me. Later.

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  4. Viking, the, fascinating stuff. The Renaissance popes never figure in the defenses of high papalism. I suspect it’s because people don’t know.

    Makes today’s popes look like Boy Scouts.

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  5. Re Conciliarism:

    I stopped in at St. Thomas Aquinas today to see if they were having their annual rummage sale. In the hallway by their fellowship hall they had a bunch of really nice plaques that were paid for by their long-time priest and the Knights of Columbus. Were the plaques of the Popes? No, they were really informative descriptions of all of the Councils going back to the Council of Jerusalem.

    On the plaque discussing the First Vatican Council they had a lengthy quote from Newman.

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  6. I suspect this particular church is on the progressive side. It is bordered by a fraternity house, a dorm, and the Iowa State student union. Lots of faculty and professionals are members there (I looked through the membership directory).

    In spite of what the Callers say, it makes sense that the more educated you are the more likely you are to favor Councils over (infallible) popes. Power to the people.

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  7. As you wish, John, but it seems just this side of cynical to dole out an extra helping of disdain to a particular sect. Better to follow the lead of the three forms which keep things doctrinal and take strong public issue with the Romish mass (HC 80) and the detestable error of the Anabaptists (Belgic 34). While some may busy themselves with talk of Hitler and Stalin, others are wondering why not add to HC 80 something equally strong against evangelical altar calls or a fourth mark along the lines of doxology.

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  8. Rome is still struggling to find its conciliar self:

    Fr. Ladislas Orsy, one of Catholicism’s most important and respected canon lawyers these past several decades, has a clear mind on the issue.

    He says there can be no real reform of the Roman Curia without decentralization of the church’s governing structures and its decision-making apparatus.

    The Hungarian-born Jesuit was a peritus, or theological adviser, to several bishops attending the Second Vatican Council (1962-1965) and, even as he prepares to celebrate his 94th birthday later this summer, he continues to teach at the Georgetown University Law Center in Washington, D.C.

    During a recent visit to the U.S. capital, I spent several hours in conversation with this amazingly young nonagenarian. With his refreshingly youthful intellect, he shared some of his views and concerns about how Francis, his Jesuit confrere, has been striving to renew the church during his two years in office.

    “If there is no decentralization, there will be no lasting reform of the Roman Curia,” Orsy said flatly. He pointed out that in the last 800 years, every attempt to truly reform the church’s centralized bureaucracy has failed because power has remained too highly concentrated in Rome.

    “In a global church that continues to expand way beyond Europe, this is not a sustainable governing model,” he said. He emphasized that it was also out of sync with the ecclesiology of Vatican II, which pointed to a shift away from Roman centralization and sought to retrieve and develop the ancient doctrine of episcopal collegiality based on synodality and subsidiarity.

    In his many writings and public lectures, which he continues to undertake at a steady pace, Orsy has always maintained that one of the great, unfulfilled tasks following the council has been the creation or reform of structures aimed specifically at implementing its vision.

    This is the task that lies before Pope Francis. And, thankfully, he is fully aware of that.

    The Roman Curia is principally at the service of the bishop of Rome in his specific duties as chief pastor and primate of the universal church. It has no authority except that which the pope gives it.

    But, as he says in his 2013 apostolic exhortation, Evangelii Gaudium, Francis does not “believe that the papal magisterium should be expected to offer a definitive or complete word on every question which affects the Church and the world.” He says it is “not advisable” that he “take the place of local bishops in the discernment of every issue which arises in their territory.” If the pope does not take the bishops’ places, the offices of the Roman Curia — which are directly dependent on his authority and his alone — certainly cannot. And yet, in many ways, that is exactly what they have done for a very long time.

    In Evangelii Gaudium, which he has called a sort of blueprint for his pontificate, Francis says clearly, “I am conscious of the need to promote a sound ‘decentralization’.” In this sense, he indicates that the doctrinal role of local and regional bishops’ conferences should be developed, as should collegiality and synodality.

    The best chance for carrying out a sound or healthy decentralization, it would seem, is by giving greater authority to the conferences and the Synod of Bishops. A third institution that could also be reformed with the aim of decentralizing decision-making away from Rome is the office of metropolitan archbishops. Since the Council of Trent (1545-1563), juridical authority that once was constituent of the metropolitans has all but disappeared, leaving them with the strange woolen band draped over their shoulders and precedence in liturgical processions as the only things that differentiate them from other bishops.

    Enhancing the role of these three institutions, as well as utilizing the Council of Cardinals that Pope Francis established, are the best ways for reforming the Curia through the necessary decentralization that Orsy is strongly advocating.

    The pope has already shown his seriousness about bolstering the synod, of which he — like patriarchs in the Eastern churches — is the head or president. This week, he again presided at the two-day meeting of the synod’s guiding council. Since Paul VI resurrected this ancient body (or at least a form of it) in 1965, no pope has ever been so directly involved in its governance.

    But when the converts think that a monarchical pontiff is what gives Roman Catholicism coherence — Christ ordained Peter as pope — giving up centralization in favor of ecclesial subsidiarity is a road block.

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  9. Not just collegiality, but Pope Francis wants to hear from Mermaid, vd, t, and Bryan and the Jasons:

    Pope Francis wants to retool the Catholic hierarchy so that it not only defines and enforces church teachings, but also listens and responds to how laypeople understand God’s will, German Cardinal Walter Kasper said.

    Kasper, a noted theologian whose writings are known to have influenced Francis, said the pope wants to create a “listening magisterium.”

    Kasper said one concept important to the pope is that of the sensus fidei, or the capacity of individual believers and the church as a whole to discern the truths of faith.

    That concept, Kasper said, “was emphasized by the council … [but] Francis now wishes to give it complete meaning.

    “He wants a listening magisterium — that makes its position, yes,” the cardinal said, “but makes its position after it has heard what the Spirit says to its churches.”

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  10. Pope is still in charge, no reason to go to Philadelphia for the Bishops:

    As is implied by the canons, the Synod of Bishops, ontologically speaking, is different from the College of Bishops. The College of Bishops is always in existence, insofar as it ontologically resides in the hierarchical communion, and this is by divine institution as they are the successors of the Apostolic College. A Synod of Bishops, on the other hand, is ‘in existence’ only during particular determined times. By virtue of their sacramental ordination the bishops present at a synodal assembly represent their particular Church and remain simply delegates of their episcopal conference or are nominated by the Pope.16 Unlike the College of Bishops, they do not possess any supreme power when gathered together in a synodal assembly. Rather, each bishop possesses a representative authority based on and conferred by the Sacrament of Orders. Thus their representation is not actualized by a ‘majority decision’ but rather must be guided by Faith and Tradition.17 Furthermore, the Synod of Bishops is not a juridical organ of the College of Bishops, nor does it possess any type of juridical representation from it.18 This can be seen from the fact that it is an assembly (coetus) at which a limited number of bishops from the Catholic world (ex diversis orbis regionibus selecti) attend, and which meets at determined times (statutis temporibus). In other words, it is not an ‘entity’ or ‘college’ which continually resides in the Church, like the College of Bishops19, nor does it represent all of the bishops in communion with the Pope, in the complete way that the College of Bishops does, but rather a portion through representatives of the Catholic episcopate20. So any attempt to make the Synod of Bishops an organ of the College of Bishops has no foundation in Canon Law.21

    Juridically speaking, therefore, the Synod of Bishops is not a Council (Ecumenical or otherwise). Some have attempted to observe a link between the College of Bishops and the Synod of Bishops in the capacity of ‘extraconciliar activity’, thus claiming the possibility for the Synod to place an ‘act’ by the Episcopal College. However, the Synod lacks lawful (juridic) power because of its consultative character and it does not, and cannot, represent the entire Catholic Episcopate. Thus it is impossible for the Synod to place ‘collegial acts’ as defined and understood by the Canon Law. Theologically, the Synod has a primarily pastoral function which is meant to promote the connection between the Pope and the College of Bishops.22 Indeed, without reference to the precise ontological and institutional elements which define the Synod of Bishops, its nature and end (an ecclesiastical assembly to promote and guard the unity of Faith and discipline) can become nebulous concepts that distract it from its purpose23 (to provide information and offer advice). In fact, the misapplication of the so-called ‘ecclesiology of communion’ has utilized imprecise terms such as ‘collegial affection’ (collegialis affectus) in efforts to express the ontological reality of the Synod of Bishops and/or to attribute a collegial significance to the Synod as always in relationship to the College of Bishops, which would somehow have collegial power over the Universal Church through an ‘intrinsic collegiality’. By its very nature, however, the Synod of Bishops is a consultative organ which holds no jurisdiction at the legislative or executive level. The Commission for the Code of Canon Law (CIC/83) made it clear that the Synod is not a governmental institution of the Universal Church with legislative or decisive power. Rather, the Commission for the Code of Canon Law stated that the Synod of Bishops is a singular or stable counsel of bishops (peculiare sacrorum Antistitum consilium; stabile Episcoporum consilium) that does not have the power to legislate nor make decisions (Potestatem legislativam seu decisionalem non habet), nor does it hold vicarious power (ne quidem vicariam).24 Clearly then, because of its nature and competence, it is essentially different from an Ecumenical Council or any other permanent ecclesiastical institution that assists the Pope in governing the Universal Church.25 Rather, it is an assembly which seeks qualified representatives of the Episcopacy to help the Pope to study general questions regarding the whole Church.

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