General Councils
This subject will be treated under the following heads:
- Definition
- Classification
- Historical Sketch
- The Pope and General Councils
- Composition of General Councils
- Right of participation
- Requisite number of members
- Papal headship the formal element of Councils
- Factors in the Pope's Co-operation with the Council
- Convocation
- Direction
- Confirmation
- Business Methods
- Infallibility of General Councils;
- Correlation of Papal and Conciliary Infallibility
- Infallibility Restricted to Unanimous Findings
- Promulgation
- Is a Council above the Pope?
- Has a General Council Power to Depose a Pope?
I. DEFINITION
Councils are legally convened assemblies of ecclesiastical
dignitaries and theological experts for the purpose of discussing
and regulating matters of church doctrine and discipline. The terms
council and synod are synonymous, although in the
oldest Christian literature the ordinary
meetings for worship are also called synods, and diocesan synods are
not properly councils because they are only convened for
deliberation. Councils unlawfully assembled are termed
conciliabula, conventicula, and even
latrocinia, i.e. "robber synods". The constituent elements of
an ecclesiastical council are the following:
- A legally convened meeting
- of members of the hierarchy,
- for the purpose of carrying out their judicial and doctrinal
functions,
- by means of deliberation in common
- resulting in regulations and decrees invested with the
authority of the whole assembly.
All these elements result
from an analysis of the fact that councils are a concentration of
the ruling powers of the Church for decisive action.
The first condition is that such concentration conform to the
constitution of the Church: it must be started by the head of the
forces that are to move and to act, e.g. by the metropolitan if the
action is limited to one province. The actors themselves are
necessarily the leaders of the Church in their double capacity of
judges and teachers, for the proper object of conciliar activity is
the settling of questions of faith and discipline. When they
assemble for other purposes, either at regular times or in
extraordinary circumstances, in order to deliberate on current
questions of administration or on concerted action in emergencies,
their meetings are not called councils but simply meetings, or
assemblies, of bishops. Deliberation, with free discussion and
ventilation of private views, is another essential note in the
notion of councils. They are the mind of the Church in action, the
sensus ecclesiae taking form and shape in the mould of
dogmatic definition and authoritative decrees. The contrast of
conflicting opinions, their actual clash necessarily precedes the
final triumph of faith. Lastly, in a council's decisions we see the
highest expression of authority of which its members are capable
within the sphere of their jurisdiction, with the added strength and
weight resulting from the combined action of the whole body.
II. CLASSIFICATION
Councils are, then, from their nature, a common effort of the
Church, or part of the Church, for self-preservation and
self-defence. They appear at her very origin, in the time of the
Apostles at Jerusalem, and throughout her whole history whenever
faith or morals or discipline are seriously threatened. Although
their object is always the same, the circumstances under which they
meet impart to them a great variety, which renders a classification
necessary. Taking territorial extension for a basis, seven kinds of
synods are distinguished.
- Ecumenical Councils are those to which the bishops, and
others entitled to vote, are convoked from the whole world
(oikoumene) under the presidency of the pope or his
legates, and the decrees of which, having received papal
confirmation, bind all Christians. A
council, Ecumenical in its convocation, may fail to secure the
approbation of the whole Church or of the pope, and thus not rank
in authority with Ecumenical councils. Such was the case with the
Robber Synod of 449 (Latrocinium Ephesinum), the Synod of
Pisa in 1409, and in part with the Councils of Constance and Basle.
- The second rank is held by the general synods of the East
or of the West, composed of but one-half of the episcopate.
The Synod Of Constantinople (381) was
originally only an Eastern general synod, at which were present
the four patriarchs of the East (viz. of Constantinople,
Alexandria, Antioch, and Jerusalem), with many metropolitans and
bishops. It ranks as Ecumenical because its decrees were
ultimately received in the West also.
- Patriarchal, national, and primatial councils represent
a whole patriarchate, a whole nation, or the several provinces
subject to a primate. Of such councils we have frequent examples
in Latin Africa, where the metropolitan and ordinary bishops used
to meet under the Primate of Carthage, in Spain, under the Primate
of Toledo, and in earlier times in Syria, under the Metropolitan
-- later Patriarch -- of Antioch.
- Provincial councils bring together the suffragan
bishops of the metropolitan of an ecclesiastical province and
other dignitaries entitled to participate.
- Diocesan synods consist of the clergy of the diocese
and are presided over by the bishop or the vicar-general.
- A peculiar kind of council used to be held at Constantinople,
it consisted of bishops from any part of the world who happened to
be at the time in that imperial city. Hence the name synodoi
enoemousai "visitors' synods".
- Lastly there have been mixed synods, in which both
civil and ecclesiastical dignitaries met to settle secular as well
as ecclesiastical matters. They were frequent at the beginning of
the Middle Ages in France, Germany,
Spain, and Italy. In England even abbesses were occasionally
present at such mixed councils. Sometimes, not always, the clergy
and laity voted in separate chambers.
Although it is in the nature of councils to represent either the
whole or part of the Church organism yet we find many councils
simply consisting of a number of bishops brought together from
different countries for some special purpose, regardless of any
territorial or hierarchical connection. They were most frequent in
the fourth century, when the metropolitan and patriarchal
circumscriptions were still imperfect, and questions of faith and
discipline manifold. Not a few of them, summoned by emperors or
bishops in opposition to the lawful authorities (such as that of
Antioch in 341), were positively irregular, and acted for evil
rather than good. Councils of this kind may be compared to the
meetings of bishops of our own times; decrees passed in them had no
binding power on any but the subjects of the bishops present, they
were important manifestations of the sensus ecclesiae (mind
of the Church) rather than judicial or legislative bodies. But
precisely as expressing the mind of the Church they often acquired a
far-reaching influence due, either to their internal soundness, or
to the authority of their framers, or to both.
It should be noted that the terms concilia plenaria,
universalia, OR generalia are, or used to be, applied
indiscriminately to all synods not confined to a single province; in
the Middle Ages, even provincial synods, as
compared to diocesan, received these names. Down to the late Middle Ages all papal synods to which a
certain number of bishops from different countries had been summoned
were regularly styled plenary, general, or universal synods. In
earlier times, before the separation of East and West, councils to
which several distant patriarchates or exarchates sent
representatives, were described absolutely as "plenary councils of
the universal church". These terms are applied by St. Augustine to
the Council of Arles (314), at which only Western bishops were
present. In the same way the council of
Constantinople (382), in a letter to Pope Damasus, calls the
council held in the same town the year before (381) "an Ecumenical
synod" i.e. a synod representing the oikoumene, the whole
inhabited world as known to the Greeks and Romans, because all the
Eastern patriarchates, though no Western, took part in it. The synod
of 381 could not, at that time, be termed Ecumenical in the strict
sense now in use, because it still lacked the formal confirmation of
the Apostolic See. As a matter of fact, the Greeks themselves did
not put this council on a par with those of Nicaea and Ephesus
until its confirmation at the Synod of
Chalcedon, and the Latins acknowledged its authority only in the
sixth century.
III. HISTORICAL SKETCH OF ECUMENICAL COUNCILS
The present article deals chiefly with the theological and
canonical questions concerning councils which are Ecumenical in the
strict sense above defined. Special articles give the history of
each important synod under the head of the city or see where it was
held. In order, however, to supply the reader with a basis of fact
for the discussion of principles which is to follow, a list is
subjoined of the twenty Ecumenical councils with a brief statement
of the purpose of each.
First Ecumenical Council: Nicaea I (325)
The Council of Nicaea lasted two months
and twelve days. Three hundred and eighteen bishops were present.
Hosius, Bishop of Cordova, assisted as legate of Pope Sylvester. The
Emperor Constantine was also present. To this council we owe The
Creed (Symbolum) of Nicaea, defining against Arius the true
Divinity of the Son of God
(homoousios), and the fixing of the date
for keeping Easter (against the Quartodecimans).
Second Ecumenical Council: Constantinople I (381)
The First General Council of
Constantinople, under Pope Damasus and the Emperor Theodosius I,
was attended by 150 bishops. It was directed against the followers
of Macedonius, who impugned the Divinity of the Holy Ghost. To the
above-mentioned Nicene Creed it added the clauses referring to the
Holy Ghost (qui simul adoratur) and all that follows to the
end.
Third Ecumenical Council: Ephesus (431)
The Council of Ephesus, of more than 200
bishops, presided over by St. Cyril of Alexandria representing Pope
Celestine I, defined the true personal unity of Christ, declared Mary the Mother of God (theotokos) against Nestorius,
Bishop of Constantinople, and renewed the condemnation of Pelagius.
Fourth Ecumenical Council: Chalcedon (451)
The Council of Chalcedon -- 150 bishops
under Pope Leo the Great and the Emperor Marcian -- defined the two
natures (Divine and human) in Christ against Eutyches, who was
excommunicated.
Fifth Ecumenical Council: Constantinople II (553)
The Second General Council of Constantinople, of 165 bishops
under Pope Vigilius and Emperor Justinian I, condemned the errors of
Origen and certain writings (The Three
Chapters) of Theodoret, of Theodore, Bishop of Mopsuestia and of
Ibas, Bishop of Edessa; it further confirmed the first four general
councils, especially that of Chalcedon whose authority was contested
by some heretics.
Sixth Ecumenical Council: Constantinople III (680-681)
The Third General Council of Constantinople, under Pope Agatho
and the Emperor Constantine Pogonatus, was attended by the
Patriarchs of Constantinople and of Antioch, 174 bishops, and the
emperor. It put an end to Monothelitism by defining two wills in
Christ, the Divine and the human, as two distinct principles of
operation. It anathematized Sergius, Pyrrhus, Paul, Macarius, and
all their followers.
Seventh Ecumenical Council: Nicaea II (787)
The Second Council of Nicaea was
convoked by Emperor Constantine VI and his mother Irene, under Pope
Adrian I, and was presided over by the legates of Pope Adrian; it
regulated the veneration of holy images. Between 300 and 367 bishops
assisted.
Eighth Ecumenical Council: Constantinople IV (869)
The Fourth General Council of Constantinople, under Pope Adrian
II and Emperor Basil numbering 102 bishops, 3 papal legates, and 4
patriarchs, consigned to the flames the Acts of an irregular council
(conciliabulum) brought together by Photius against Pope Nicholas and Ignatius the legitimate
Patriarch of Constantinople; it condemned Photius who had unlawfully
seized the patriarchal dignity. The Photian Schism, however,
triumphed in the Greek Church, and no other general council took
place in the East.
Ninth Ecumenical Council: Lateran I (1123)
The First Lateran Council, the first
held at Rome, met under Pope Callistus II. About 900 bishops and
abbots assisted. It abolished the right claimed by lay princes, of
investiture with ring and crosier to ecclesiastical benefices and
dealt with church discipline and the recovery of the Holy Land from
the infidels.
Tenth Ecumenical Council: Lateran II (1139)
The Second Lateran Council was held at
Rome under Pope Innocent II, with an
attendance of about 1000 prelates and the Emperor Conrad. Its object
was to put an end to the errors of Arnold of Brescia.
Eleventh Ecumenical Council: Lateran III (1179)
The Third Lateran Council took place
under Pope Alexander III, Frederick I being emperor. There were 302
bishops present. It condemned the Albigenses and Waldenses and issued numerous
decrees for the reformation of morals.
Twelfth Ecumenical Council: Lateran IV (1215)
The Fourth Lateran Council was held
under Innocent III. There were present the
Patriarchs of Constantinople and Jerusalem, 71 archbishops, 412
bishops, and 800 abbots the Primate of the Maronites, and St.
Dominic. It issued an enlarged creed (symbol) against the Albigenses (Firmiter credimus), condemned the
Trinitarian errors of Abbot Joachim, and published 70 important
reformatory decrees. This is the most important council of the Middle Ages, and it marks the culminating
point of ecclesiastical life and papal power.
Thirteenth Ecumenical Council: Lyons I (1245)
The First General Council of Lyons was presided over by Innocent IV; the Patriarchs of Constantinople,
Antioch, and Aquileia (Venice), 140 bishops, Baldwin II, Emperor of
the East, and St. Louis, King of France, assisted. It excommunicated
and deposed Emperor Frederick II and directed a new crusade, under the command of St. Louis,
against the Saracens and Mongols.
Fourteenth Ecumenical Council: Lyons II (1274)
The Second General Council of Lyons was held by Pope Gregory X, the Patriarchs of Antioch and
Constantinople, 15 cardinals, 500 bishops, and more than 1000 other
dignitaries. It effected a temporary reunion of the Greek Church
with Rome. The word filioque was added to the symbol of
Constantinople and means were sought for recovering Palestine from
the Turks. It also laid down the rules for papal elections.
Fifteenth Ecumenical Council: Vienne (1311-1313)
The Council of Vienne was held in that town in France by order of
Clement V, the first of the Avignon popes. The Patriarchs of Antioch
and Alexandria, 300 bishops (114 according to some authorities), and
3 kings -- Philip IV of France, Edward II of England, and James II
of Aragon -- were present. The synod dealt with the crimes and
errors imputed to the Knights Templars, the Fraticelli, the
Beghards, and the Beguines, with projects of a new crusade, the reformation of the clergy, and
the teaching of Oriental languages in the universities.
Sixteenth Ecumenical Council: Constance (1414-1418)
The Council of Constance was held during
the great Schism of the West, with the object of ending the
divisions in the Church. It became legitimate only when Gregory XI had formally convoked it. Owing to
this circumstance it succeeded in putting an end to the schism by
the election of Pope Martin V, which the Council of Pisa (1403) had
failed to accomplish on account of its illegality. The rightful pope
confirmed the former decrees of the synod against Wyclif and Hus.
This council is thus ecumenical only in its last sessions (XLII-XLV
inclusive) and with respect to the decrees of earlier sessions
approved by Martin V.
Seventeenth Ecumenical Council: Basle/Ferrara/Florence
(1431-1439)
The Council of Basle met first in that
town, Eugene IV being pope, and Sigismund Emperor of the Holy Roman
Empire. Its object was the religious pacification of Bohemia.
Quarrels with the pope having arisen, the council was transferred
first to Ferrara (1438), then to Florence (1439), where a
short-lived union with the Greek Church was effected, the Greeks
accepting the council's definition of controverted points. The
Council of Basle is only ecumenical till the end of the twenty-fifth
session, and of its decrees Eugene IV approved only such as dealt
with the extirpation of heresy, the peace of Christendom, and the reform of the Church, and
which at the same time did not derogate from the rights of the Holy See. (See also the Council of Florence.)
Eighteenth Ecumenical Council: Lateran V (1512-1517)
The Fifth Lateran Council sat from 1512
to 1517 under Popes Julius II and Leo X, the emperor being
Maximilian I. Fifteen cardinals and about eighty archbishops and
bishops took part in it. Its decrees are chiefly disciplinary. A new
crusade against the Turks was also planned,
but came to naught, owing to the religious upheaval in Germany
caused by Luther.
Nineteenth Ecumenical Council: Trent (1545-1563)
The Council of Trent lasted eighteen
years (1545-1563) under five popes: Paul III, Julius III, Marcellus
II, Paul IV and Pius IV, and under the
Emperors Charles V and Ferdinand. There were present 5 cardinal
legates of the Holy See, 3 patriarchs, 33
archbishops, 235 bishops, 7 abbots, 7 generals of monastic orders,
and 160 doctors of divinity. It was convoked to examine and condemn
the errors promulgated by Luther and other Reformers, and to reform
the discipline of the Church. Of all councils it lasted longest,
issued the largest number of dogmatic and reformatory decrees, and
produced the most beneficial results.
Twentieth Ecumenical Council: Vatican I (1869-1870)
The Vatican Council was summoned by Pius
IX. It met 8 December, 1869, and lasted till 18 July, 1870, when
it was adjourned; it is still (1908) unfinished. There were present
6 archbishop-princes, 49 cardinals, 11 patriarchs, 680 archbishops
and bishops, 28 abbots, 29 generals of orders, in all 803. Besides
important canons relating to the Faith and the constitution of the
Church, the council decreed the infallibility of the pope when speaking
ex cathedra, i.e. when as shepherd and teacher of all Christians, he defines a doctrine concerning
faith or morals to be held by the whole Church.
IV. THE POPE AND GENERAL COUNCILS
The relations between the pope and general councils must be
exactly defined to arrive at a just conception of the functions of
councils in the Church, of their rights and duties, and of their
authority. The traditional phrase, "the council represents the
Church", associated with the modern notion of representative
assemblies, is apt to lead to a serious misconception of the
bishops' function in general synods. The nation's deputies receive
their power from their electors and are bound to protect and promote
their electors' interests; in the modern democratic State they are
directly created by, and out of, the people's own power. The bishops
in council, on the contrary, hold no power, no commission, or
delegation, from the people. All their powers, orders, jurisdiction,
and membership in the council, come to them from above -- directly
from the pope, ultimately from God. What
the episcopate in council does represent is the Divinely instituted
magisterium, the teaching and governing power of the Church;
the interests it defends are those of the depositum fidei, of
the revealed rules of faith and morals, i.e. the interests of God.
The council is, then, the assessor of the supreme teacher and
judge sitting on the Chair of Peter by Divine appointment; its
operation is essentially co-operation -- the common action of the
members with their head -- and therefore necessarily rises or falls
in value, according to the measure of its connection with the pope.
A council in opposition to the pope is not representative of the
whole Church, for it neither represents the pope who opposes it, nor
the absent bishops, who cannot act beyond the limits of their
dioceses except through the pope. A council not only acting
independently of the Vicar of Christ, but sitting in judgment over
him, is unthinkable in the constitution of the Church; in fact, such
assemblies have only taken place in times of great constitutional
disturbances, when either there was no pope or the rightful pope was
indistinguishable from antipopes. In such
abnormal times the safety of the Church becomes the supreme law, and
the first duty of the abandoned flock is to find a new shepherd,
under whose direction the existing evils may be remedied.
In normal times, when according to the Divine constitution of the
Church, the pope rules in the fullness of his power, the function of
councils is to support and strengthen his rule on occasions of
extraordinary difficulties arising from heresies schisms, relaxed
discipline, or external foes. General councils have no part in the
ordinary normal government of the Church. This principle is
confirmed by the fact that during nineteen centuries of Church life
only twenty Ecumenical councils took place. It is further
illustrated by the complete failure of the decree issued in the
thirty-ninth session of the Council of
Constance (then without a rightful head) to the effect that
general councils should meet frequently and at regular intervals,
the very first synod summoned at Pavia for the year 1423 could not
be held for want of responses to the summons. It is thus evident
that general councils are not qualified to issue independently of
the pope, dogmatic or disciplinary canons binding on the whole
Church. As a matter of fact, the older councils, especially those of
Ephesus (431) and Chalcedon (451), were not convened to decide on
questions of faith still open, but to give additional weight to, and
secure the execution of, papal decisions previously issued and
regarded as fully authoritative. The other consequence of the same
principle is that the bishops in council assembled are not
commissioned, as are our modern parliaments, to control and limit
the power of the sovereign, or head of the State, although
circumstances may arise in which it would be, their right and duty
firmly to expostulate with the pope on certain of his acts or
measures. The severe strictures of the Sixth General Council on Pope
Honorius I may be cited as a case in point.
V. COMPOSITION OF GENERAL COUNCILS
(a) Right of participation
The right to be present and to act at general councils belongs in
the first place and logically to the bishops actually exercising the
episcopal office. In the earlier councils there appear also the
chorepiscopi (country-bishops), who, according to the better
opinion, were neither true bishops nor an order interposed between
bishops and priests, but priests invested with a jurisdiction
smaller than the episcopal but larger than the sacerdotal. They were
ordained by the bishop and charged with the administration of a
certain district in his diocese. They had the power of conferring
minor orders, and even the subdiaconate. Titular bishops, i.e.
bishops not ruling a diocese, had equal rights with other bishops at
the Vatican Council (1869-70), where 117 of them were present. Their
claim lies in the fact that their order, the episcopal consecration,
entitles them, jure divino, to take part in the
administration of the Church, and that a general council seems to
afford a proper sphere for the exercise of a right which the want of
a proper diocese keeps in abeyance. Dignitaries who hold episcopal
or quasi-episcopal jurisdiction without being bishops -- such as
cardinal-priests, cardinal-deacons, abbots nullius, mitred abbots of
whole orders or congregations of monasteries, generals of clerks
regular, mendicant and monastic orders -- were allowed to vote at
the Vatican Council. Their title is based on positive canon law: at
the early councils such votes were not admitted, but from the
seventh century down to the end of the Middle
Ages the contrary practice gradually prevailed, and has since
become an acquired right. Priests and deacons frequently cast
decisive votes in the name of absent bishops whom they represented;
at the Council of Trent, however, such
procurators were admitted only with great limitations,and at the
Vatican Council they were even excluded from the council hall.
Besides voting members, every council admits, as consultors a number
of doctors in theology and canon law. In the Council of Constance the consultors were
allowed to vote. Other clerics have always been admitted as
notaries. Lay people may be, and have been, present at councils for
various reasons, but never as voters. They gave advice, made
complaints, assented to decisions, and occasionally also signed the
decrees. Since the Roman emperors had accepted Christianity, they assisted either personally
or through deputies (commissarii). Constantine the Great was
present in person at the First General Council, Theodosius II sent
his representatives to the third, and Emperor Marcian sent his to
the fourth, at the sixth session of which himself and the Empress
Pulcheria assisted personally. Constantine Pogonatus was present at
the sixth, the Empress Irene and her son Constantine Porphyrogenitus
only sent their representative to the seventh, whereas Emperor
Basil, the Macedonian, assisted at the eighth, sometimes in person,
sometimes through his deputies. Only the Second and the Fifth
General Synods were held in the absence of the emperors or imperial
commissaries, but both Theodosius the Great and Justinian were at
Constantinople while the councils were sitting, and kept up constant
intercourse with them. In the West the attendance of kings, even at
provincial synods, was of frequent occurrence. The motive and object
of the royal presence were to protect the synods, to heighten their
authority, to lay before them the needs of particular Christian states and countries.
This laudable and legitimate co-operation led by degrees to
interference with the pope's rights in conciliar matters. The
Eastern Emperor Michael claimed the right to summon councils without
obtaining the pope's consent, and to take part in them personally or
by proxy. But Pope Nicholas I resisted the
pretensions of Emperor Michael, pointing out to him, in a letter
(865), that his imperial predecessors had only been present at
general synods dealing with matters of faith, and from that fact
drew the conclusion that all other synods should be held without the
emperor's or his commissaries' presence. A few years later the
Eighth General Synod (Can. xvii, Hefele, IV, 421) declared it false
that no synod could be held without the emperor's presence the
emperors had only been present at general councils -- and that it
was not right for secular princes to witness the condemnation of
ecclesiastics (at provincial synods). As early as the fourth century
the bishops greatly complained of the action of Constantine the
Great in imposing his commissary on the Synod of Tyre (335). In the
West, however, secular princes were present even at national synods,
e.g. Sisenand, King of the Spanish Visigoths, was at the Fourth
Council of Toledo (636) and King Chintilian at the fifth (638);
Charlemagne assisted at the Council of
Frankfort (794) and two Anglo Saxon kings at the Synod of Whitby
(Collatio Pharenes) in 664. But step by step Rome established
the principle that no royal commissary may be present at any council
except a general one, in which "faith, reformation, and peace" are
in question.
(b) Requisite number of members
The number of bishops present required to constitute an
Ecumenical council cannot be strictly defined, nor need it be so
deigned, for ecumenicity chiefly depends on co-operation with the
head of the Church, and only secondarily on the number of
co-operators. It is physically impossible to bring together all the
bishops of the world, nor is there any standard by which to
determine even an approximate number, or proportion, of prelates
necessary to secure ecumenicity. All should be invited, no one
should be debarred, a somewhat considerable number of
representatives of the several provinces and countries should be
actually present; this may be laid down as a practicable theory. But
the ancient Church did not conform to this theory. As a rule only
the patriarchs and metropolitans received a direct summons to appear
with a certain number of their suffragans. At Ephesus and Chalcedon
the time between the convocation and the meeting of the council was
too short to allow of the Western bishops being invited. As a rule,
but very few Western bishops were personally present at any of the
first eight general synods. Occasionally, e.g. at the sixth, their
absence was remedied by sending deputies with precise instructions
arrived at in a previous council held in the West. What gives those
Eastern synods their Ecumenical character is the co-operation of the
pope as head of the universal, and, especially, of the Western,
Church. This circumstance, so remarkably prominent in the Councils
of Ephesus and Chalcedon, affords the best proof that, in the sense
of the Church, the essential constituent element of ecumenicity is
less the proportion of bishops present to bishops absent than the
organic connection of the council with the head of the Church.
(c) Papal headship the formal element of councils
It is the action of the pope that makes the councils ecumenical.
That action is the exercise of his office of supreme teacher and
ruler of the Church. Its necessity results from the fact that no
authority is commensurate with the whole Church except that of the
pope; he alone can bind all the faithful. Its sufficiency is equally
manifest: when the pope has spoken ex cathedra to make his own the
decisions of any council, regardless of the number of its members
nothing further can be wanted to make them binding on the whole
Church. The earliest enunciation of the principle is found in the
letter of the Council of Sardica (313) to Pope Julius I, and was
often quoted, since the beginning of the fifth century, as the
(Nicaean) canon concerning the necessity of papal co-operation in
all the more important conciliary Acts. The Church historian
Socrates (Hist. Eccl., II, xvii) makes Pope Julius say, in reference
to the Council of Antioch (341), that the law of the Church
(kanon) forbids "the churches to pass laws contrary to the
judgement of the Bishop of Rome" and Sozomen (III, x) likewise
declares "it to be a holy law not to attribute any value to things
done without the judgment of the Bishop of Rome". The letter of
Julius here quoted by both Socrates and Sozomen directly refers to
an existing ecclesiastical custom and, in particular, to a single
important case (the deposition of a patriarch), but the underlying
principle is as stated.
Papal co-operation may be of several degrees: to be effective in
stamping a council as universal it must amount to taking over
responsibility for its decisions by giving them formal confirmation.
The Synod of Constantinople (381) in which the Nicene Creed received
its present form -- the one used at Mass -- had in itself no claim
to be Ecumenical. Before Pope Damasus and the Western bishops had
seen its full Acts they condemned certain of its proceedings at an
Italian synod, but on receiving the Acts, Damasus, so we are told by
Photius, confirmed them. Photius, however, is only right with regard
to the Creed, or Symbol of Faith: the canons of this council were
still rejected by Leo the Great and even by Gregory the Great (about 600). A proof that
the Creed of Constantinople enjoyed papal sanction may be drawn from
the way in which the Roman legates at the Fourth General Synod
(Chalcedon, 451) allowed, without any protest, appeals to this
Creed, while at the same time they energetically protested against
the canons of the council. It was on account of the papal
approbation of the Creed that, in the sixth century, Popes Vigilius,
Pelagius II, and Gregory the Great declared
this council Ecumenical, although Gregory
still refused to sanction its canons. The First Synod of
Constantinople presents, then, an instance of a minimum of papal
co-operation impressing on a particular council the mark of
universality. The normal co-operation, however, requires on the part
of the head of the Church more than a post-factum
acknowledgment.
The pope's office and the council's function in the organization
of the Church require that the pope should call the council
together, preside over and direct its labours, and finally
promulgate its decrees to the universal Church as expressing the
mind of the whole teaching body guided by the Holy Ghost. Instances
of such normal, natural, perfect co-operation occur in the five
Lateran councils, which were presided over by the pope in person;
the personal presence of the highest authority in the Church, his
direction of the deliberations, and approbation of the decrees,
stamp the conciliary proceedings throughout as the function of the
Magisterium Ecclesiae in its most authoritative form.
Councils in which the pope is represented by legates are, indeed,
also representative of the whole teaching body of the Church, but
the representation is not absolute or adequate, is no real
concentration of its whole authority. They act in the name, but not
with the whole power, of the teaching Church, and their decrees
become universally binding only through an act, either antecedent or
consequent, of the pope. The difference between councils presided
over personally and by proxy is marked in the form in which their
decrees are promulgated: when the pope has been present the decrees
are published in his own name with the additional formula: sacro
approbante Concilio; when papal legates have presided the
decrees are attributed to the synod (S. Synodus declarat,
definit, decernit)
VI. FACTORS IN THE POPE'S CO-OPERATION WITH THE
COUNCIL
We have seen that no council is Ecumenical unless the pope has
made it his own by co-operation, which admits of a minimum and a
maximum consequently of various degrees of perfection. Catholic
writers could have saved themselves much trouble if they had always
based their apologetics on the simple and evident principle of a
sufficient minimum of papal co- operation, instead of endeavouring
to prove, at all costs, that a maximum is both required in principle
and demonstrable in history. The three factors constituting the
solidarity of pope and council are the convocation, direction, and
confirmation of the council by the pope- but it is not essential
that each and all of these factors should always be present in full
perfection.
(a) Convocation
The juridical convocation of a council implies something more
than an invitation addressed to all the bishops of the world to meet
in council, viz.: the act by which in law the bishops are bound to
take part in the council, and the council itself is constituted a
legitimate tribunal for dealing with Church affairs. Logically, and
in the nature of the thing, the right of convocation belongs to the
pope alone. Yet the convocation, in the loose sense of invitation to
meet, of the first eight general synods, was regularly issued by the
Christian emperors, whose dominion was
coextensive with the Church, or at least with the Eastern part of
it, which was then alone convened. The imperial letters of
convocation to the Councils of Ephesus (Hardouin, I, 1343) and of
Chalcedon (Hardouin, II, 42) show that the emperors acted as
protectors of the Church, believing it their duty to further by
every means in their power the welfare of their charge. Nor is it
possible in every case to prove that they acted at the formal
instigation of the pope; it even seems that the emperors more than
once followed none but their own initiative for convening the
council and fixing its place of meeting. It is, however. evident
that the Christian emperors cannot have
acted thus without the consent, actual or presumed of the pope.
Otherwise their conduct had been neither lawful nor wise. As a
matter of fact, none of the eight Eastern Ecumenical synods, with
the exception, perhaps, of the fifth, was summoned by the emperor in
opposition to the pope. As regards the fifth, the conduct of the
emperor caused the legality of the council to be questioned -- a
proof that the mind of the Church required the pope's consent for
the lawfulness of councils. As regards most of these eight synods,
particularly that of Ephesus, the previous consent of the pope,
actual or presumed, is manifest. Regarding the convocation of the
Council of Chalcedon, the Emperor Marcian did not quite fall in with
the wishes of Pope Leo I as to the time and place of its meeting,
but he did not claim an absolute right to have his will, nor did the
pope acknowledge such a right. On the contrary, as Leo I explains in
his letters (Epp. lxxxix, xc, ed. Ballerini), he only submitted to
the imperial arrangements because he was unwilling to interfere with
Marcian's well-meant endeavours.
It is still more evident that convocation by the emperors did not
imply on their part the claim to constitute the council juridically,
that is, to give it power to sit as an authorized tribunal for
Church affairs. Such a claim has never been put forward. The
expressions jubere and keleuein, occasionally used in
the wording of the convocation, do not necessarily convey the notion
of strict orders not to be resisted; they also have the meaning of
exhorting, inducing, bidding. The juridical constitution of the
council could only emanate, and in fact always did emanate, from the
Apostolic See. As the necessity of the bishops' meeting in council
was dictated rather by the distressful condition of the Church than
by positive orders, the pope contented himself with authorizing the
council and this he effected by sending his legates to preside over
and direct the work of the assembled prelates. The Emperor Marcian
in his first letter to Leo I declares that the success of the
intended synod depends on his -- the pope's -- authorization, and
Leo, not Marcian, is later called the auctor synodi without
any restrictive qualification, especially at the time of the "Three Chapters" dispute, where the extension
of the synod's authority was called in question. The law therefore,
at that period was the same as it is now as far as essentials are
concerned: the pope is the sole convener of the council as an
authoritative juridical assembly. The difference lies in the
circumstance that the pope left to the emperor the execution of the
convocation and the necessary measures for rendering the meeting
possible and surrounding it with the éclat due to its dignity
in Church and State. The material, or business, part of the councils
being thus entirely in the hands of the emperors, it was to be
expected that the pope was sometimes induced -- if not forced -- by
circumstances to make his authorization suit the imperial wishes and
arrangements.
After studying the principles it is well to see how they worked
out in fact. Hence the following historical summary of the
convocation of the first eight general councils:
(1) Eusebius (Vita Constantini, III, vi)
informs us that the writs of convocation to the First General Synod
were issued by Emperor Constantine, but as not one of those writs
has come down to us, it remains doubtful whether or not they
mentioned any previous consultation with the pope. It is, however,
an undeniable fact that the Sixth General Synod (680) plainly
affirmed that the Council of Nicaea had
been convened by the emperor and Pope Sylvester (Mansi, Coll. Conc.,
XI, 661). The same statement appears in the life of Sylvester found
in the "Liber Pontificalis", but this evidence need not be pressed,
the evidence from the council being, from the circumstances in which
it was given, of sufficient strength to carry the point. For the
Sixth General Council took place in Constantinople, at a time when
the bishops of the imperial city already attempted to rival the
bishops of Old Rome, and the vast majority of its members were
Greeks; their statement is therefore entirely free from the
suspicion of Western ambition or prejudice and must be accepted as a
true presentment of fact. Rufinus, in his continuation of Eusebius'
history (I, 1) says that the emperor summoned the synod ex
sacerdotum sententia (on the advice of the clergy)- it is but
fair to suppose that if he consulted several prelates he did not
omit to consult with the head of all.
(2) The Second General Synod (381) was not, at first, intended to
be Ecumenical; it only became so because it was accepted in the
West, as has been shown above. It was not summoned by Pope Damasus
as is often contended, for the assertion that the assembled bishops
professed to have met in consequence of a letter of the pope to
Theodosius the Great is based on a confusion. The document here
brought in as evidence refers to the synod of the following year
which was indeed summoned at the instigation of the pope and the
Synod of Aquileia, but was not an Ecumenical synod.
(3) The Third General Council (Ephesus, 431) was convoked by
Emperor Theodosius II and his Western colleague Valentinian III-
this is evident from the Acts of the council. It is equally evident
that Pope Celestine I gave his consent, for he wrote (15 May, 431)
to Theodosius that he could not appear in person at the synod, but
that he would send his representatives. And in his epistle of 8 May
to the synod itself, he insists on the duty of the bishops present
to hold fast to the orthodox faith, expects them to accede to the
sentence he has already pronounced on Nestorius, and adds that he
has sent his legates to execute that sentence at Ephesus. The
members of the council acknowledge the papal directions and orders,
not only the papal consent, in the wording of their solemn
condemnation of Nestorius: "Urged by the Canons and conforming to
the Letter of our most holy Father and fellow servant Celestine the
Roman bishop, we have framed this sorrowful sentence against
Nestorius." They express the same sentiment where they say that "the
epistle of the Apostolic See (to Cyril, communicated to the council)
already contains a judgment and a rule psepho kai typou on
the case of Nestorius" and that they -- the bishops in council --
have executed that ruling. All this manifests the bishops'
conviction that the pope was the moving and quickening spirit of the
synod.
(4) How the Fourth General Synod (Chalcedon, 451) was brought
together is set forth in several writings of Pope Leo I and Emperors
Theodosius II and Marcian. Immediately after the Robber Synod, Leo
asked Theodosius to prepare a council composed of bishops from all
parts of the world, to meet, preferably, in Italy. He repeated the
same request, first made 13 October, 449, on the following feast of Christmas, and prevailed on the
Western Emperor Valentinian III together with his empress and his
mother, to support it at the Byzantine Court. Once more (in July,
450) Leo renewed his request, adding, however that the council might
be dispensed with if all the bishops were to make a profession of
the orthodox faith without being united in council. About this time
Theodosius II died and was succeeded by his sister, St. Pulcheria,
and her husband Marcian. Both at once informed the pope of their
willingness to summon the council, Marcian specially asking him to
state in writing whether he could assist at the synod in person or
through his legates, so that the necessary writs of convocation
might be issued to the Eastern bishops. By that time, however, the
situation had greatly improved in the Eastern Church- nearly all the
bishops who had taken part in the Robber Synod had now repented of
their aberration and signed, in union with their orthodox
colleagues, the "Epistola dogmatica" of Leo to Flavian, by this act
rendering the need of a council less urgent. Besides, the Huns were
just then invading the West, preventing many Latin bishops, whose
presence at the council was most desirable, from leaving their
flocks to undertake the long journey to Chalcedon. Other motives
induced the pope to postpone the synod, e.g. the fear that it might
be made the occasion by the bishops of Constantinople to improve
their hierarchical position, a fear well justified by subsequent
events. But Marcian had already summoned the synod, and Leo
therefore gave his instructions as to the business to be transacted.
He was then entitled to say, in a letter to the bishops who had been
at the council that the synod had been brought together "ex
praecepto christianorum principum et ex consensu apostolicae sedis"
(by order of the Christian princes and with
the consent of the Apostolic See). The emperor himself wrote to Leo
that the synod had been held by his authority (te auctore),
and the bishops of Moesia, in a letter to the Byzantine Emperor Leo,
said: "At Chalcedon many bishops assembled by order of Leo, the
Roman pontiff, who is the true head of the bishops".
(5) The Fifth General Synod was planned by Justinian I with the
consent of Pope Vigilius (q.v.), but on account of the emperor's
dogmatic pretensions, quarrels arose and the pope refused to be
present, although repeatedly invited. His Constitutum of 14 May 553,
to the effect that he could not consent to anathematize Theodore of
Mopsuestia and Theodoret, led to open opposition between pope and
council. In the end all was righted by Vigilius approving the
synodal decrees.
(6, 7, 8) These three synods were each and all called by the
emperors of the time with the consent and assistance of the
Apostolic See.
(b) DIRECTION
The direction or presidency of councils belongs to the pope by
the same right as their convocation and constitution. Were a council
directed in its deliberations and acts by anyone independent of the
pope and acting entirely on his own responsibility, such a council
could not be the pope's own in any sense: the defect could only be
made good by a consequent formal act of the pope accepting
responsibility for its decisions. In point of fact, papal legates
presided over all the Eastern councils, which from their beginning
were legally constituted. The reader will obtain a clearer insight
into this point of conciliar proceedings from a concrete example,
taken from Hefele's introduction to his "History of the Councils":
Pope Adrian II sent his legates to the Eighth Ecumenical Synod
(787) with an express declaration to the Emperor Basil that they
were to act as presidents of the council. The legates, Bishop
Donatus of Ostia, Bishop Stephen of Nepesina, and the deacon Marinus
of Rome, read the papal rescript to the synod. Not the slightest
objection was raised. Their names took precedence in all protocols;
they determined the duration of the several sessions, gave leave to
make speeches and to read documents and to admit other persons, they
put the leading questions, etc. In short, their presidency in the
first five sessions cannot be disputed. But at the sixth session
Emperor Basil was present with his two sons, Constantine and Leo,
and, as the Acts relate, received the presidency. These same Acts,
however, at once clearly distinguish the emperor and his sons from
the synod when, after naming them they continue: conveniente
sanctâ ac universali synodo (the holy and universal synod now
meeting), thus disassociating the lay ruler from the council proper.
The names of the papal legates continue to appear first among the
members of the synod, and it is they who in those latter sessions
determine the matters for discussion, subscribe the Acts before
anyone else, expressly as presidents of the synod, whereas the
emperor, to show clearly that he did not consider himself the
president, would only subscribe after all the bishops. The papal
legates begged him to put his and his son's names at the head of the
list, but he stoutly refused and only consented at last, to write
his name after those of the papal legates and of the Eastern
patriarchs, but before those of the bishops. Consequently Pope
Adrian II, in a letter to the emperor, praises him for not having
assisted at the council as a judge (judex), but merely as a
witness and protector (conscius et obsecundator).
The imperial commissaries present at the synod acted even less as
presidents than the emperor himself. They signed the reports of the
several sessions only after the representatives of the patriarchs
though before the bishops; their names are absent from the
signatures of the Acts. On the other hand it may be contended that
the Eastern patriarchs Ignatius of Constantinople, and the
representatives of the other Eastern patriarchs, in some degree
participated in the presidency: their names are constantly
associated with those of the Roman legates and clearly distinguished
from those of the other metropolitans and bishops. They, as it were,
form with the papal legates a board of directors, fix with him the
order of proceedings, determine who shall be heard, subscribe, like
the legates, before the emperor and are entered in the reports of
the several sessions before the imperial commissaries. All this
being granted, the fact still remains that the papal legates
unmistakably hold the first place, for they are always named first
and sign first, and -- a detail of great importance -- for the final
subscription they use the formula: huic sanctae et universali
synodo praesidens (presiding over this holy and universal
synod), while Ignatius of Constantinople and the representatives of
the other patriarchs claim no presidency but word their subscription
thus: suscipiens et omnibus quae ab ea judicata et scripta sunt
concordans et definiens subscripsi (receiving this holy and
universal synod and agreeing with all it has judged and written, and
defining I have signed). If, on the one hand, this form of
subscription differs from that of the president, it differs no less,
on the other, from that of the bishops. These, like the emperor,
have without exception used the formula: suscipiens (synodum)
subscripsi (receiving the synod I have signed), omitting the
otherwise customary definiens, which was used to mark a decisive
vote (votum decisivum).
Hefele gives similar documentary accounts of the first eight
general synods, showing that papal legates always presided over them
when occupied in their proper business of deciding questions on
faith and discipline. The exclusive right of the pope in this matter
was generally acknowledged. Thus, the Emperor Theodosius II says, in
his edict addressed to the Council of Ephesus, that he had sent
Count Candidian to represent him, but that this imperial commissary
was to take no part in dogmatic disputes since "it was unlawful for
one who is not enrolled in the lists of the most holy bishops to
mingle in ecclesiastical inquiries". The Council of Chalcedon
acknowledged that Pope Leo, by his legates, presided over it as "the
head over the members". At Nicaea, Hosius, Vitus and Vincentius, as
papal legates, signed before all other members of the council. The
right of presiding and directing implies that the pope, if he
chooses to make a full use of his powers, can determine the subject
matter to be dealt with by the council, prescribe rules for
conducting the debates, and generally order the whole business as
seems best to him. Hence no conciliar decree is legitimate if
carried under protest -- or even without the positive consent -- of
the pope or his legates. The consent of the legates alone, acting
without a special order from the pope, is not sufficient to make
conciliar decrees at once perfect and operative; what is necessary
is the pope's own consent. For this reason no decree can become
legitimate and null in law on account of pressure brought to bear on
the assembly by the presiding pope, or by papal legates acting on
his orders. Such pressure and restriction of liberty, proceeding
from the internal, natural principle of order through the use of
lawful power, does not amount to external, unnatural coercion, and,
therefore, does not invalidate the Acts due to its exercise.
Examples of councils working at high pressure, if the expression
may be used, without spoiling their output, are of frequent
occurrence. Most of the early councils were convened to execute
decisions already finally fixed by the pope, no choice being left
the assembled Fathers to arrive at another decision. They were
forced to conform their judgment to that of Rome, with or without
discussion. Should papal pressure go beyond the limits of the
council's dignity and of the importance of the matters under
discussion the effect would be, not the invalidation of the
council's decrees, but the paralysing of its moral influence and
practical usefulness. On the other hand, the fact that a synod is,
or has been, acting under the leadership of its Divinely appointed
head, is the best guarantee of its freedom from unnatural
disturbances, such as intrigues from below or coercion from above.
In the same way violent interference with the papal leadership is
the grossest attack on the council's natural freedom. Thus the
Robber Synod of Ephesus (449), though intended to be general and at
first duly authorized by the presence of papal legates, was declared
invalid and null by those same legates at Chalcedon 451), because
the prejudiced Emperor Theodosius II had removed the representatives
of the pope, and entrusted the direction of the council to Dioscurus
of Alexandria.
(c) Confirmation
Confirmation of the conciliar decrees is the third factor in the
pope's necessary co-operation with the council. The council does not
represent the teaching Church till the visible head of the Church
has given his approval, for, unapproved, it is but a headless,
soulless, impersonal body, unable to give its decisions the binding
force of laws for the whole Church, or the finality of judicial
sentences With the papal approval, on the contrary, the council's
pronouncements represent the fullest effort of the teaching and
ruling Church, a judicium plenissimum beyond which no power
can go. Confirmation being the final touch of perfection, the seal
of authority, and the very life of conciliar decrees, it is
necessary that it should be a personal act of the highest authority,
for the highest authority cannot be delegated. So much for the
principle, or the question of right. When we look for its practical
working throughout the history of councils, we find great diversity
in the way it has been applied under the influence of varying
circumstances.
- Councils over which the pope presides in person require no
further formal confirmation on his part, for their decisions
formally include his own as the body includes the soul. The
Vatican Council of 1869-70 offers an example in point.
- Councils over which the pope presides through his legates are
not identified with himself in the same degree as the former. They
constitute separate, dependent, representative tribunals, whose
findings only become final through ratification by the authority
for which they act. Such is the theory. In practice, however, the
papal confirmation is, or may be, presumed in the following cases:
- When the council is convened for the express purpose of
carrying out a papal decision previously arrived at, as was the
case with most of the early synods; or when the legates give
their consent in virtue of a special public instruction
emanating from the pope; in these circumstances the papal
ratification pre-exists, is implied in the conciliar decision,
and need not be formally renewed after the council. It may,
however, be superadded ad abundantiam, as, e.g. the
confirmation of the Council of Chalcedon by Leo I.
- The necessary consent of the Apostolic See may also be
presumed when, as generally at the Council
of Trent, the legates have personal instructions from the
pope on each particular question coming up for decision, and act
conformably, i.e. if they allow no decision to be taken unless
the pope's consent has previously been obtained.
- Supposing a council actually composed of the greater part of
the episcopate, concurring freely in a unanimous decision and
thus bearing unexceptional witness to the mind and sense of the
whole Church: The pope, whose office it is to voice infallibly the mind of the Church, would
be obliged by the very nature of his office, to adopt the
council's decision, and consequently his confirmation,
ratification, or approbation could be presumed, and a formal
expression of it dispensed with. But even then his approbation,
presumed or expressed, is juridically the constituent factor of
the decision's perfection.
- The express ratification in due form is at all times, when not
absolutely necessary, at least desirable and useful in many
respects:
- It gives the conciliar proceedings their natural and lawful
complement, the keystone which closes and crowns the arch for
strength and beauty; it brings to the front the majesty and
significance of the supreme head of the Church.
- Presumed consent can but rarely apply with the same efficacy
to each and all of the decisions of an important council. A
solemn papal ratification puts them all on the same level and
removes all possible doubt.
- Lastly the papal ratification formally promulgates the
sentence of the council as an article of faith to be known and
accepted by all the faithful; it brings to light and public view
the intrinsic ecumenicity of the council- it is the natural,
official, indisputable criterion, or test, of the perfect
legality of the conciliar transactions or conclusions. If we
bear in mind the numerous disturbing elements at work in and
around an Ecumenical council, the conflicting religious,
political, scientific, and personal interests contending for
supremacy, or at least eager to secure some advantage, we can
easily realize the necessity of a papal ratification to crush
the endless chicanery which otherwise would endanger the success
and efficacy of the highest tribunal of the Church. Even they
who refuse to see in the papal confirmation an authentic
testimony and sentence, declaring infallibly the ecumenicity of the council
and its decrees to be a dogmatic fact, must admit that it is a
sanative act and supplies possible defects and shortcomings; the
Ecumenical authority of the pope is sufficient to impart
validity and infallibility to the
decrees he makes his own by officially ratifying them. This was
done by Pope Vigilius for the Fifth General Synod. Sufficient
proof for the sanatory efficacy of the papal ratification lies
in the absolute sovereignty of the pope and in the infallibility of his ex-cathedra
pronouncements. Should it be argued, however, that the sentence
of an Ecumenical council is the only absolute, final, and infallible sentence even then, and then
more than ever, the papal ratification would be necessary. For
in the transactions of an Ecumenical council the pope plays the
principal part, and if any deficiency in his action, especially
in the exercise of his own special prerogatives, were apparent,
the labours of the council would be in vain. The faithful
hesitate to accept as infallible guides
of their faith documents not authenticated by the seal of the
fisherman, or the Apostolic See, which now wields the authority
of St. Peter and of Christ. Leo II beautifully expresses these
ideas in his ratification of the Sixth General Council: "Because
this great and universal synod has most fully proclaimed the
definition of the right faith, which the Apostolic See of St.
Peter the Apostle, whose office we, though unequal to it, are
holding, also reverently receives: therefore we also, and
through our office this Apostolic See, consent to, and confirm,
by the authority of Blessed Peter, those things which have been
defined, as being finally set by he Lord Himself on the solid
rock which is Christ."
No event in the history of the Church better illustrates the
necessity and the importance of papal co-operation and, in
particular, confirmation, than the controversies which in the sixth
century raged about the Three Chapters. The
Three Chapters were the condemnation (1) of
Theodore of Mopsuestia, his person, and his writings; (2) of
Theodoret's writings against Cyril and the Council of Ephesus; (3)
of a letter from Ibas to Maris the Persian, also against Cyril and
the council. Theodore anticipated the heresy of Nestorius; Ibas and
Theodoret were indeed restored at Chalcedon, but only after they had
given orthodox explanations and shown that they were free from
Nestorianism. The two points in debate were: (1) Did the Council of
Chalcedon acknowledge the orthodoxy of the said Three Chapters? (2) How, i.e. by what test, is
the point to be settled? Now the two contending parties agreed in
the principle of the test: the approbation of the council stands or
falls with the approbation of the pope's legates and of Pope Leo I
himself. Defenders of the Chapters, e.g. Ferrandus the Deacon and
Facundus of Hermiane, put forward as their chief argument (prima
et immobilis ratio) the fact that Leo had approved. Their
opponents never questioned the principle but denied the alleged
fact, basing their denial on Leo's epistle to Maximus of Antioch in
which they read: "Si quid sane ab his fratribus quos ad S. Synodum
vice mea, praeter id quod ad causam fidei pertinebat gestum fuerit,
nullius erit firmitatis" (If indeed anything not pertaining to the
cause of faith should have been settled by the brethren I sent to
the Holy Synod to hold my place, it shall be of no force). The point
of doctrine (causa fidei) referred to is the heresy of
Eutyches; the Three Chapters refer to that
of Nestorius, or rather to certain persons and writings connected
with it.
The bishops of the council, assembled at Constantinople in 533
for the purpose of putting an end to the Three
Chapters controversy, addressed to Pope Vigilius two
Confessions, the first with the Patriarch Mennas, the second with
his successor Eutychius, in which, to establish their orthodoxy,
they profess that they firmly hold to the four general synods as
approved by the Apostolic See and by the popes. Thus we read in the
Confessio of Mennas: "But also the letters of Pope Leo of
blessed memory and the Constitution of the Apostolic See issued in
support of the Faith and of the authority (firmitas) of the
aforesaid four synods, we promise to follow and observe in all
points and we anathematize any man, who on any occasion or
altercation should attempt to nullify our promises." And in the
Confessio of Eutychius: "Suscipimus autem et amplectimur
epistolas praesulum Romance Sedis Apostolicae, tam aliorum quam
Leonis sanctae memoriae de fide scriptas et de quattuor sanctis
conciliis vel de uno eorum" (We receive and embrace the letters
of the bishops of the Apostolic Roman See, those of others as well
as of Leo of holy memory, concerning the Faith and the four holy
synods or any of them).
VII. BUSINESS METHODS
The way in which councils transact business now demands our
attention. Here as in most things, there is an ideal which is never
completely realized in practice.
(a) The facts
It has been sufficiently shown in the foregoing section that the
pope, either in person or by deputy, directed the transaction of
conciliar business. But when we look for a fixed order or set of
rules regulating the proceedings we have to come down to the Vatican
Council to find an official Ordo concilii ecumenici and a
Methodus servanda in prima sessione, etc. In all earlier
councils the management of affairs was left to the Fathers and
adjusted by them to the particular objects and circumstances of the
council. The so-called Ordo celebrandi Concilii Tridentini is
a compilation posterior to the council, written by the conciliar
secretary, A. Massarelli; it is a record of what has been done not a
rule of what should be done. Some fixed rules were, however, already
established at the reform councils of the fifteenth century as a
substitute for the absent directing power of the pope. The substance
of these rulings is given in the "Caeremoniale Romanum" of
Augustinus Patritius (d. 1496). The institution of "congregations"
dates from the Council of Constance (1415).
At earlier councils all the meetings of the Fathers were called
indiscriminately sessiones or actiones, but since Constance the term session has been
restricted to the solemn meetings at which the final votes are given
while all meetings for the purpose of consultation or provisory
voting are termed congregations.
The distinction between general and particular congregations
likewise dates from Constance, where,
however, the particular congregations assumed a form different in
spirit and composition from the practice of earlier and later
councils. They were simply separate assemblies of the "nations"
(first four, then five) present at the council; their deliberations
went to form national votes which were presented in the general
assembly, whose decisions conformed to a majority of such votes. The
particular congregations of more recent councils were merely
consultative assemblies (committees commissions) brought together by
appointment or invitation in order to deliberate on special matters.
At Trent there were congregations of prelates and congregations of
theologians, both partly for dogma, partly for discipline. The
congregations of prelates were either "deputations", i.e. committees
of specially chosen experts, or conciliary groups, usually three
into which the council divided for the purpose of facilitating
discussion.
The official ordo of the Vatican Council confirmed the
Tridentine practice, leaving, however, to the initiative of the
prelates the formation of groups of a more private character. The
voting by "nations", peculiar to the reform councils, has also been
abandoned in favour of the traditional voting by individuals
(capita). At the Vatican Council there were seven
"commissions" consisting of theologians from all countries,
appointed a year before the actual meeting of the assembly. Their
duty was to prepare the various matters to be laid before the
council. The object of these congregations is sufficiently described
by their titles: (1) Congregatio cardinalitia directrix; (2)
Commissio caeremoniarum, (3) politico-ecclesiastica; (4) pro
ecclesiis et missionibus Orientis; (5) pro Regularibus; (6)
theologica dogmatica; (7) pro disciplina ecclesiastica (i.e. a
general directive cardinalitial congregation, and several
commissions for ceremonies, politico-ecclesiastical affairs, the
churches and missions of the Orient, the regular orders, dogmatic
theology, ecclesiastical discipline). On the basis of their labours
were worked out the schemata (drafts of decrees) to be
discussed by the council. Within the council itself there were seven
"deputations": (1) Pro recipiendis et expendendis Patrum
propositionibus (appointed by the pope to examine the propositions
of the Fathers); (2) Judices excusationum (Judges of excuses); (3)
Judices querelarum et controversiarum (to settle questions of
precedence and such like); (4) deputatio pro rebus ad fidem
pertinentibus (on matters pertaining to faith); (5) deputatio pro
rebus disciplinae ecclesiasticae (on ecclesiastical discipline); (6)
pro rebus ordinum regularium (on religious orders); (7) pro rebus
ritus orientalis et apostolicis missionibus (Oriental rites and
Apostolic missions).
All these deputations, except the first, were chosen by the
council. Objections and amendments to the proposed schemata
had to be handed in in writing to the responsible deputation which
considered the matter and modified the schema accordingly.
Anyone desiring further to improve the modified draft had to obtain
from the legates permission to propose his amendments in a speech,
after which he put them down in writing. If, however, ten prelates
decided that the matter had been sufficiently debated, leave for
speaking was refused. At this stage the amendments were collected
and examined by the synodal congregation, then again laid before the
general congregation to be voted on severally. The votes for
admission or rejection were expressed by the prelates standing or
remaining seated. Next the schema, reformed in accordance
with these votes, was submitted to a general congregation for
approval or disapproval in toto. In case a majority of
placets were given for it, it was accepted in a last solemn
public session, after a final vote of placet or non
placet ("it pleases", or "it does not please").
(b) The theory
The principle which directs the practical working of a council is
the perfect, or best possible, realization of its object, viz. a
final judgment on questions of faith and morals, invested with the
authority and majesty of the whole teaching body of the Church. To
this end some means are absolutely necessary, others are only
desirable as adding perfection to the result. We deal first with
these latter means, which may be called the ideal elements of the
council:
- The presence of all the bishops of the world is an ideal not
to be realized, but the presence of a very great majority is
desirable for many reasons. A quasi-complete council has the
advantage of being a real representation of the whole Church,
while a sparsely attended one is only so in law, i.e. the few
members present legally represent the many absent, but only
represent their juridical power, their ordinary power not being
representable. Thus for every bishop absent there is absent an
authentic witness of the Faith as it is in his diocese.
- A free and exhaustive discussion of all objections.
- An appeal to the universal belief -- if existing -- witnessed
to by all the bishops in council. This, if realized, would render
all further discussion superfluous.
- Unanimity in the final vote, the result either of the
universal faith as testified to by the Fathers, or of conviction
gained in the debates. It is evident that these four elements in
the working of a council generally contribute to its ideal
perfection, but it is not less evident that they are not essential
to its substance, to its conciliary effectiveness. If they were
necessary many acknowledged councils and decrees would lose their
intrinsic authority, because one or other or all of these
conditions were wanting. Again, there is no standard by which to
determine whether or not the number of assisting bishops was
sufficient and the debates have been exhaustive- nor do the Acts
of the councils always inform us of the unanimity of the final
decisions or of the way in which it was obtained. Were each and
all of these four elements essential to an authoritative council
no such council could have been held, in many cases, when it was
none the less urgently required by the necessities of the Church.
Authors who insist on the ideal perfection of councils only
succeed in undermining their authority, which is, perhaps, the
object they aim at. Their fundamental error is a false notion of
the nature of councils. They conceive of the function of the
council as a witnessing to, and teaching of, the generally
accepted faith- whereas it is essentially a juridical function,
the action of judges as well as of witnesses of the Faith. This
leads us to consider the essential elements in conciliar action.
From the notion that the council is a court of judges the
following inferences may be drawn:
- The bishops, in giving their judgment, are directed only by
their personal conviction of its rectitude; no previous consent of
all the faithful or of the whole episcopate is required. In unity
with their head they are one solid college of judges
authoritatively constituted for united, decisive action -- a body
entirely different from a body of simple witnesses.
- This being admitted, the assembled college assumes a
representation of their colleagues who were called but failed to
take their seats, provided the number of those actually present is
not altogether inadequate for the matter in hand. Hence their
resolutions are rightly said to rest on universal consent:
universali consensu constituta, as the formula runs.
- Further, on the same supposition, the college of judges is
subject to the rule obtaining in all assemblies constituted for
framing a judicial sentence or a common resolution, due regard
being paid to the special relations, in the present instance,
between the head and the members of the college: the co-operative
verdict embodies the opinion of the majority, including the head,
and in law stands for the verdict of the whole assembly, it is
communi sensu constitutum (established by common consent).
A majority verdict, even headed by papal legates, if disconnected
from the personal action of the pope, still falls short of a
perfect, authoritative pronouncement of the whole Church, and
cannot claim infallibility. Were the
verdict unanimous, it would still be imperfect and fallible, if it
did not receive the papal approbation. The verdict of a majority,
therefore, not endorsed by the pope, has no binding force on
either the dissentient members present or the absent members, nor
is the pope bound in any way to endorse it. Its only value is that
it justifies the pope, in case he approves it, to say that he
confirms the decision of a council, or gives his own decision
sacro approbante concilio (with the consent of the
council). This he could not say if he annulled a decision taken by
a majority including his legates, or if he gave a casting vote
between two equal parties. A unanimous conciliary decision, as
distinct from a simple majority decision, may under certain
circumstances, be, in a way, binding on the pope and compel his
approbation -- by the compelling power, not of a superior
authority, but of the Catholic truth shining forth in the
witnessing of the whole Church. To exert such power the council's
decision must be clearly and unmistakably the reflex of the faith
of all the absent bishops and of the faithful.
To gain an adequate conception of the council at work it should
be viewed under its twofold aspect of judging and witnessing. In
relation to the faithful the conciliar assembly is primarily a judge
who pronounces a verdict conjointly with the pope, and, at the same
time, acts more or less as witness in the case. Its position is
similar to that of St. Paul towards the first Christians: quod accepistis a me per multos
testes. In relation to the pope the council is but an assembly
of authentic witnesses and competent counsellors whose influence on
the papal sentence is that of the mass of evidence which they
represent or of the preparatory judgment which they pronounce, it is
the only way in which numbers of judges can influence one another.
Such influence lessens neither the dignity nor the efficiency of any
of the judges- on the other hand it is never required, in councils
or elsewhere, to make their verdict unassailable. The Vatican
Council, not excluding the fourth session in which papal infallibility was defined, comes
nearer than any former council to the ideal perfection just
described. It was composed of the greatest number of bishops, both
absolutely and in proportion to the totality of bishops in the
Church; it allowed and exercised the right of discussion to an
extent perhaps never witnessed before; it appealed to a general
tradition, present and past, containing the effective principle of
the doctrine under discussion, viz. the duty of submitting in
obedience to the Holy See and of conforming
to its teaching; lastly it gave its final definition with absolute
unanimity, and secured the greatest majority -- nine-tenths -- for
its preparatory judgment.
VIII. INFALLIBILITY OF GENERAL COUNCILS
All the arguments which go to prove the infallibility of the Church apply with their
fullest force to the infallible authority
of general councils in union with the pope. For conciliary decisions
are the ripe fruit of the total life-energy of the teaching Church
actuated and directed by the Holy Ghost. Such was the mind of the
Apostles when, at the Council of Jerusalem (Acts, xv, 28), they put
the seal of supreme authority on their decisions in attributing them
to the joint action of the Spirit of God and of themselves: Visum
est Spiritui sancto et nobis (It hath seemed good to the Holy
Ghost and to us). This formula and the dogma it enshrines stand out
brightly in the deposit of faith and have been carefully guarded
throughout the many storms raised in councils by the play of the
human element. From the earliest times they who rejected the
decisions of councils were themselves rejected by the Church.
Emperor Constantine saw in the decrees of Nicaea "a Divine
commandment" and Athanasius wrote to the bishops of Africa: "What God has spoken through the Council of Nicaea
endureth for ever." St. Ambrose (Ep. xxi) pronounces himself ready
to die by the sword rather than give up the Nicene decrees, and Pope
Leo the Great expressly declares that "whoso resists the Councils of
Nicaea and Chalcedon cannot be numbered among Catholics" (Ep.
lxxviii, ad Leonem Augustum). In the same epistle he says that the
decrees of Chalcedon were framed instruente Spiritu Sancto,
i.e. under the guidance of the Holy Ghost. How the same doctrine was
embodied in many professions of faith may be seen in Denzinger's
(ed. Stahl) "Enchiridion symbolorum et definitionum", under the
heading (index) "Concilium generale representat ecclesiam
universalem, eique absolute obediendum" (General councils represent
the universal Church and demand absolute obedience). The Scripture
texts on which this unshaken belief is based are, among others: "But
when he, the Spirit of truth, is come, he will teach you all truth .
. ." John xvi, 13) "Behold I am with you [teaching] all days even to
the consummation of the world" (Matt., xxviii, 20), "The gates of hell shall not prevail against it [i.e. the
Church]" (Matt., xvi, 18).
IX. PAPAL AND CONCILIAR INFALLIBILITY
Papal and conciliar infallibility are
correlated but not identical. A council's decrees approved by the
pope are infallible by reason of that
approbation, because the pope is infallible
also extra concilium, without the support of a council. The
infallibility proper to the pope is
not, however, the only formal adequate ground of the council's infallibility. The Divine constitution of the
Church and the promises of Divine assistance made by her Founder,
guarantee her inerrancy, in matters pertaining to faith and morals,
independently of the pope's
infallibility: a fallible pope supporting, and supported by, a
council, would still pronounce infallible
decisions. This accounts for the fact that, before the Vatican
decree concerning the supreme pontiff's ex-cathedra judgments,
Ecumenical councils were generally held to be infallible even by those who denied the papal infallibility; it also explains the
concessions largely made to the opponents of the papal privilege
that it is not necessarily implied in the infallibility of councils, and the claims that
it can be proved separately and independently on its proper merits.
The infallibility of the council is
intrinsic, i.e. springs from its nature. Christ promised to be in
the midst of two or three of His disciples gathered together in His
name; now an Ecumenical council is, in fact or in law, a gathering
of all Christ's co-workers for the
salvation of man through true faith and holy conduct; He is
therefore in their midst, fulfilling His promises and leading them
into the truth for which they are striving. His presence, by
cementing the unity of the assembly into one body -- His own
mystical body -- gives it the necessary completeness, and makes up
for any defect possibly arising from the physical absence of a
certain number of bishops. The same presence strengthens the action
of the pope, so that, as mouthpiece of the council, he can say in
truth, "it has seemed good to the Holy Ghost and to us", and
consequently can, and does, put the seal of infallibility on the conciliar decree
irrespective of his own personal
infallibility.
Some important consequences flow from these principles. Conciliar
decrees approved by the pope have a double guarantee of infallibility: their own and that of the infallible pope. The council's dignity
is, therefore, not diminished, but increased, by the definition of
papal infallibility, nor does that
definition imply a "circular demonstration" by which the council
would make the pope infallible and the pope
would render the same service to the council. It should however, be
borne in mind that the council without the pope has no guarantee of
infallibility, therefore the conciliar and
the papal infallibilities are not two
separate and addible units, but one unit with single or double
excellence. An infallible statement of
Divine truth is the voice of Christ speaking through the mouth of
the visible head of His mystical body or in unison, in chorus, with
all its members. The united voice of the whole Church has a
solemnity, impressiveness, and effectiveness, an external,
circumstantial weight, which is wanting in simple ex-cathedra
pronouncements. It works its way into the minds and hearts of the
faithful with almost irresistible force, because in the universal
harmony each individual believer hears his own voice, is carried
away by the powerful rhythm, and moved as by a Divine spell to
follow the leaders. Again, the bishops who have personally
contributed to the definitions have, in that fact, an incentive to
zeal in publishing them and enforcing them in their dioceses; nay
the council itself is an effective beginning of its execution or
enforcement in practice. For this reason alone, the holding of most
Eastern councils was a moral necessity- the great distance between
East and West, the difficulty of communication, the often keen
opposition of the Orientals to Old Rome made a solemn promulgation
of the definitions on the spot more than desirable. No aids to
effectiveness were to be neglected in that centre of heresies.
These considerations further account for the great esteem in
which conciliar definitions have always been held in the Church, and
for the great authority they universally enjoyed without any
detriment to, or diminution of, the authority of the Apostolic See.
From of old it has been customary to place side by side, in the rule
of faith, the authority of the councils and that of the popes as
substantially the same. Thus, we read in the formula, or profession
of faith imposed by Pope Hormisdas (514-23) on the Eastern bishops
implicated in the schism of Acacius: "The first [step towards]
salvation is to keep the rule of orthodox [rectae] faith and in no
wise to deviate from the constitutions of the Fathers [i.e.
councils]. But the words of Our Lord to St.
Peter (Thou art Peter . . . ) cannot be passed over, for what He
said has been verified by the events, since in the Apostolic See the
Catholic religion has always been preserved without spot or stain.
Wishing by no means to be separated from this hope and faith, and
following the constitutions of the Fathers, we anathematize all
heresies, especially the heretic Nestorius, in his time Bishop of
Constantinople, who was condemned in the Council of Ephesus by
Blessed Celestine, Pope of Rome, and by Cyril, Bishop of Alexandria
. . . We declare and approve all the letters of Leo, Pope, which he
wrote concerning the Christian religion, as
we have stated before, following in all things the Apostolic See and
professing [praedicantes] all its constitutions. And
therefore I hope to be worthy to be with you [the pope] in the one
communion which this Apostolic See professes, in which lies the
entire, veracious, and peaceful solidity of the Christian religion. . . ." It should be noted
that in this formula the infallibility of
the Apostolic See is the centre from which radiates the infallibility of the councils.
X. SUBJECT MATTER OF INFALLIBILITY
The subject matter of infallibility, or
supreme judicial authority, is found in the definitions and decrees
of councils, and in them alone, to the exclusion of the theological,
scientific, or historical reasons upon which they are built up.
These represent too much of the human element, of transient
mentalities, of personal interests to claim the promise of infallibility made to the Church as a whole;
it is the sense of the unchanging Church that is infallible, not the sense of individual
churchmen of any age or excellence, and that sense finds expression
only in the conclusions of the council approved by the pope.
Decisions referring to dogma were called in the East
diatyposeis (constitutions, statutes); those concerned with
discipline were termed kanones (canons, rules), often with
the addition of tes eutaxias (of discipline, or good order).
The expressions thesmoi and horoi apply to both, and
the short formulae of condemnation were known as
anathematismoi (anathemas).
In the West no careful distinction of terms was observed:
canones and decreta signify both dogmatic and
disciplinary decisions. The Council of Trent styled its disciplinary
edicts decreta de reformatione; its dogmatic definitions
decreta, without qualification, where they positively assert
the points of faith then in dispute, and canones when, in
imitation of the ancient anathematisms, they imposed an anathema
sit on those that refused assent to the defined propositions. An
opinion too absurd to require refutation pretends that only these
latter canons (with the attached anathemas) contain the peremptory
judgment of the council demanding unquestioned submission. Equally
absurd is the opinion, sometimes recklessly advanced, that the
Tridentine capita are no more than explanations of the
canones, not proper definitions; the council itself, at the
beginning and end of each chapter, declares them to contain the rule
of faith. Thus Session XIII begins: "The Holy Synod forbids to all
the faithful in future to believe, teach, or preach concerning the
Holy Eucharist otherwise than is explained and defined in the
present decree", and it ends: "As, however, it is not enough to
speak the truth without discovering and refuting error, it has
pleased the Holy Synod to subjoin the following canons, so that all,
now knowing the Catholic doctrine, may also understand what heresies
they have to beware against and avoid." The same remark applies to
the chapters of the Vatican Council in its two Constitutions, as
appears from the concluding words of the proemium of the
first Constitution and from the initial phrases of most chapters.
All that may be conceded is that the chapters of both councils
contain the doctrina catholica, i.e. the authorized teaching
of the Church, but not always and invariably dogmata
formalia, i.e. propositions of faith defined as such.
XI. PROMULGATION
Promulgation of conciliar decrees is necessary because they are
laws, and no law is binding until it has been brought unmistakably
to the knowledge of all it intends to bind. The decrees are usually
promulgated in the name of the synod itself; in cases of the pope
presiding in person they have also been published in the form of
papal decrees with the formula: sacrâ universali synodo
approbante. This was done first at the Third Lateran Council,
then at the Fourth and Fifth Lateran, and also partly at the Council of Constance.
XII. IS A COUNCIL ABOVE A POPE?
The Councils of Constance and of Basle affirmed with great emphasis that an
Ecumenical council is superior in authority to the pope, and French
theologians have adopted that proposition as one of the famous four
Gallican Liberties. Other theologians affirmed, and still affirm,
that the pope is above any general council. The leading exponents of
the Gallican doctrine are: Dupin (1657-1719), professor at the
Sorbonne in Paris ("Dissertatio de concilii generalis supra Romanum
Pontificem auctoritate", in his book on the ancient discipline of
the Church, "De antiquâ Ecclesiae disciplinâ dissertationes
historicae"); and Natalis Alexander, 0.P. (1639-1724), in the ninth
volume of his great "Historia Ecclesiastica" (Diss. iv ad saeculum
XV). On the other side Lucius Ferraris (Bibliotheca Canonica, s.v.
Concilium) and Roncaglia, editor and corrector of Natalis
Alexander's history, stoutly defend the papal superiority. Hefele,
after carefully weighing the main arguments of the Gallicans (viz.
that Pope Martin V approved the declaration of the Council of Constance, and Pope Eugene IV the
identical declaration of the Council of Basle, affirming the
superiority of an Ecumenical synod over the pope), concluded that
both popes, in the interests of peace, approved of the councils in
general terms which might imply an approbation of the point in
question, but that neither Martin nor Eugene ever intended to
acknowledge the superiority of a council over the pope. (See Hefele,
Conciliengeschichte, I, 50-54)
The principles hitherto set forth supply a complete solution to
the controversy. General councils represent the Church; the pope
therefore stands to them in the same relation as he stands to the
Church. But that relation is one of neither superiority nor
inferiority, but of intrinsic cohesion: the pope is neither above
nor below the Church, but in it as the centre is in the circle, as
intellect and will are in the soul. By taking our stand on the
Scriptural doctrine that the Church is the mystical body of Christ
of which the pope is the visible head, we see at once that a council
apart from the pope is but a lifeless trunk, a "rump parliament", no
matter how well attended it be.
XIII. CAN A COUNCIL DEPOSE THE POPE?
This question is a legitimate one, for in the history of the
Church circumstances have arisen in which several pretenders
contended for papal authority and councils were called upon to
remove certain claimants. The Councils of Constance and Basle,
and Gallican theologians, hold that a council may depose a pope on
two main grounds:
- ob mores (for his conduct or behaviour, e.g. his
resistance to the synod)
- ob fidem (on account of his faith or rather want of
faith, i.e. heresy).
In point of fact, however, heresy is the only legitimate ground.
For a heretical pope has ceased to be a member of the Church, and
cannot, therefore, be its head. A sinful pope, on the other hand,
remains a member of the (visible) Church and is to be treated as a
sinful, unjust ruler for whom we must pray, but from whom we may not
withdraw our obedience.
But the question assumes another aspect when a number of
claimants pretend to be the rightful occupants of the Apostolic See,
and the right of each is doubtful. In such a case the council,
according to Bellarmine (Disputationes, II xix, de Conciliis) has a
right to examine the several claims and to depose the pretenders
whose claims are unfounded. This was done at the Synod of Constance. But during this process of
examination the synod is not yet Ecumenical; it only becomes so the
moment the rightful pope assents to its proceedings. It is evident
that this is no instance of a legitimate pope being deposed by a
legitimate council, but simply the removal of pretender by those on
whom he wishes to impose will.
Not even John XXIII could have been
deposed at Constance, had his election not
been doubtful and himself suspected of heresy. John XXIII, moreover, abdicated and by his
abdication made his removal from the Apostolic See lawful. In all
controversies and complaints regarding Rome the rule laid down by
the Eighth General Synod should never be lost sight of: "If a
universal synod be assembled and any ambiguity or controversy arise
concerning the Holy Church of the Romans, the question should be
examined and solved with due reverence and veneration, in a spirit
of mutual helpfulness; no sentence should be audaciously pronounced
against the supreme pontiff of the elder Rome" (can. xxi. Hefele,
IV, 421-22).
SCHEEBEN wrote copiously and learnedly in defence of the Vatican
Council; his article in the Kirchenlexicon, written in 1883,
contains the marrow of his previous writings, while HEFELE'S
History of the Councils is the standard work on the subject.
For a deeper study of the councils a good collection of the Acta
Conciliorum is indispensable. The first ever printed was the
very imperfect one of MERLIN (Paris, 1523). A second and richer
collection, by the Belgian Franciscan PETER CRABBE, appeared in 1538
at Cologne, in 3 vols. Completer editions were published as time
went on: SURIUS (Cologne, 1567, 5. vols.); BOLANUS (Venice, 1585, 5
vols.); BINIUS (Cologne, 1606), with historical and explanatory
notes from Baronius -- republished 1618, and in Paris, 1636, in 9
vols.; the Roman collection of general councils with Greek text,
arranged by the Jesuit SIRMOND (1608 -- 1612), in 4 vols. -- each
council is preceded by a short history. On Bellarmine's advice
Sirmond omitted the Acts of the Synod of Basle. This Roman
collection is the foundation of all that followed. First among these
is the Paris Collectio Regia, in 37 vols. (1644). Then comes
the still completer collection of the Jesuits LABBE and COSSART
(Paris, 1674), in 17 folio vols., to which BALUZE added a
supplementary volume (Paris, 1683 and 1707). Most French authors
quote from LABBE-BALUZE. Yet another and better edition is due to
the Jesuit HARDOUIN; it is of all the most perfect and serviceable.
MANSI -- later Archbishop of Lucca, his native town -- with the help
of many Italian scholars, brought out a new collection of 31
volumes, which, had it been finished, would have surpassed all its
predecessors in merit. Unfortunately it only comes down to the
fifteenth century, and, being unfinished, has no indexes. To fill
this gap, WELTER, a Paris publisher, took up (1900) the new
collection proposed (1870) by V . Palme. To a facsimile reprint of
the 31 volumes of MANSI (Florence, Venice, 1757-1797) he added 19
supplementary volumes, furnishing the necessary indexes, etc. The
Acta et Decreta sacrorum conciliorum recentiorum Collectio
Lacensis (Freiburg im Br.,1870-90), published by the Jesuits of
Maria-Laach, extends from 1682 to 1869. An English translation of
HEFELE'S standard History of the Christian Councils, by W. R.
CLARK, was commenced in 1871 (Edinburgh and London); a French
translation by the Benedictines of Farnborough is also in course of
publication (Paris, 1907). Among the latest authors treating of
councils are WERNZ, Jus Decretalium (Rome, 1899), I, II;
OJETTI, Synopsis rerum moralium et juris canonici, s. v.
Concilium.
The Catholic Encyclopedia
Copyright © 1908 Robert Appleton
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Censor Imprimatur. +John M. Farley, Archbishop of New
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