The Jurisdiction of Suppliance
during a Period of Prolonged Vacancy
of the Apostolic See
Table of contents:
- Introduction
– Definition and importance of the jurisdiction of suppliance.
– Context of the prolonged vacancy and promise of Christ.
- Doctrinal Foundations
– The Church as a perfect and indefectible society.
– Divine origin of ecclesiastical jurisdiction.
- Principle of Devolution and Application
– Devolution of authority to Catholic bishops.
– Canonical basis (Code of 1917, canon 209).
- Concrete Applications
– 4.1. Ordinary and universal Magisterium.
– 4.2. Administration of the sacraments.
– 4.3. Ecclesiastical jurisdictions.
– 4.4. Pontifical election.
– 4.5. Triple munus: to teach, to govern, to sanctify.
- Refutation of Objections
– Responses to criticisms (conclavism, prolonged vacancy, uselessness, restriction).
- Theological-Canonical Scope
– Ordinary and extraordinary dimension of the suppliance.
– Benevolent and providentialist approach.
- Conclusion
– Fidelity of Christ to his Church as doctrinal certainty.
P.S. Objection: The Council of Trent (sessio XXIII, canon 6)
- Introduction
The jurisdiction of suppliance is a certain truth, anchored in divine and natural law, which guarantees the continuity of the government of the Catholic Church when the ordinary authority fails.
In the context of a prolonged vacancy of the Apostolic See, which has lasted sixty-two years due to the public heresy of the conciliar antipopes, this doctrine manifests in a striking manner the divine Providence, ensuring that the Church remains a hierarchical and salvific society.
For as Saint Robert Bellarmine teaches, the ordinary jurisdiction is lost by public heresy (formal).
« Nam priusquam depositus fuerit, (haereticus manifestus) ipso facto caret omni iurisdictione. »
« Already before the manifest heretic is deposed from his office, he is deprived ipso facto of all authority. » (De Romano Pontifice, Liber II, caput XXX, Opera Omnia, ed. Neapoli, 1857, t. I, p. 418)
In accordance with the promise of Christ, the Church can never be deprived of the means necessary for the salvation of souls. This chapter examines the doctrinal foundations of the jurisdiction of suppliance, its principle of devolution adapted to such a vacancy, its concrete applications, the principal objections and their refutation, as well as its theological-canonical scope.
This certain truth refutes the idea that a prolonged vacancy of the seat of Rome would be equivalent to a defection of the Church, for Christ, the invisible Head, supplies by devolution to the Catholic bishops who are valid and not heretical, in accordance with his promise: « I am with you all days until the consummation of the age » (Gospel according to Saint Matthew, chapter 28, verse 20).
- Doctrinal Foundations
The Catholic Church, instituted by Our Lord Jesus Christ, is a perfect, hierarchical and indefectible society, ordered to the eternal salvation of souls. Every society, according to the political philosophy of Saint Thomas Aquinas, requires an authority to govern it, without which it would become a formless mass, contradicting its nature, and that every society needs an authority to govern it (Summa Theologica, I, q. 96, a. 4).
Cardinal Louis Billot confirms this necessity for the Church:
« Ecclesia est societas divina et humana, a Christo Domino immediate instituta ad hominum salutem; atque, sicut omnis societas perfecta, indiget potestate regiminis. »
« The Church is a divine and human society, instituted immediately by the Lord Christ for the salvation of men; and, as every perfect society, it needs a power of government. »
Tractatus de Ecclesia Christi, tome I, quaestio I, thesis I.
The divine promise of indefectibility guarantees that the Church perseveres until the end of time, even in periods of crisis:
« Et portae inferi non praevalebunt adversus eam. »
« And the gates of hell shall not prevail against it. »
Gospel according to Saint Matthew, chapter 16, verse 18.
Saint Augustine develops this truth that the Church will be perpetual until the end of the age (De Civitate Dei, book XX, chapter 9); therefore, the society of Christians of the true worship will never fail.
The ecclesiastical jurisdiction, of divine origin, comes immediately from Christ.
« Papa jurisdictionem suam immediate a Christo accipit; nec a Concilio, nec a Cardinalibus, nec ab ullo homine. »
« The Pope receives his jurisdiction immediately from Christ; not from a council, nor from the cardinals, nor from any man. »
Saint Robert Bellarmine, De Romano Pontifice, book IV, chapter 25.
The other members of the hierarchy receive in normal times all jurisdiction from the pope.
But this divine origin allows the Church to supply the jurisdiction in case of prolonged vacancy of the seat of Peter, to respond to the salvific purpose, as Saint Alphonsus Liguori teaches.
Theologia Moralis (lib. VI, n. 561 sq.) :
« As confession is necessary for salvation, the Church, which cannot fail in what is necessary, supplies the defect of jurisdiction, every time the faithful does not have the possibility of accessing a duly approved confessor. »
These foundations establish the jurisdiction of suppliance as a certain truth, not an opinion, anchored in the nature of the Church, its promise of indefectibility and its salvific mission.
- Principle of Devolution and its Application in Prolonged Vacancy
The natural law prescribes that, when the superior authority fails, its attributes must descend to the immediate inferior to ensure the survival of the society.
Cardinal Louis Billot articulates this principle:
« Lex naturalis praescribit ut, si superior auctoritas cesset aut deficiat, eiusdem attributa descendere debeant ad inferiorem immediatum, in quantum necessaria sunt ad superviventiam societatis. »
« The natural law prescribes that, if the superior authority ceases or fails, its attributes must descend to the immediate inferior, insofar as they are necessary for the survival of the society. »
Cardinal Louis Billot, Tractatus de Ecclesia Christi, tome I, quaestio XIV, thesis XXIX.
In the Church, the immediate inferior is the college of Catholic bishops, validly consecrated and not heretical, successors of the Apostles. Heretics exclude themselves automatically, as Saint Robert Bellarmine explains.
« Haeretici manifesti ipso facto separantur ab Ecclesia. »
« Manifest heretics are separated from the Church ipso facto. »
De Romano Pontifice, book II, chapter 30.
The same for schismatics who are no longer members of the Church.
The Code of Canon Law of 1917 codifies this suppliance in cases of common error or positive and probable doubt.
« In errore communi aut in dubio positivo et probabili, sive iuris sive facti, jurisdictionem supplet Ecclesia pro foro tum externo tum interno. »
« In case of common error or positive and probable doubt, of law or of fact, the Church supplies the jurisdiction both for the external forum and for the internal forum. »
Code of Canon Law of 1917, canon 209.
In a vacancy of the Roman seat of sixty-two years, this devolution takes on a supernatural dimension, guaranteed by the continuous presence and assistance of Christ and the Holy Spirit.
« Ego vobiscum sum omnibus diebus usque ad consummationem saeculi. »
« I am with you all days until the consummation of the age. »
Gospel according to Saint Matthew, chapter 28, verse 20.
Thus, the devolution allows the Catholic bishops to receive the necessary jurisdiction to govern the Church in the absence of a legitimate pope.
- Concrete Applications
The jurisdiction of suppliance extends to all functions necessary for the mission of the Church, except acts strictly reserved to the pope, such as ex cathedra dogmatic definitions. These applications include the Magisterium, the sacraments, ecclesiastical jurisdictions, the pontifical election and the triple munus of the Church.
4.1. Magisterium
The ordinary and universal Magisterium (OUM) subsists through the consensus of Catholic bishops, even in a period of prolonged vacancy, following the criterion of Saint Vincent of Lérins.
« In ipsa Catholica Ecclesia magnopere curandum est, ut id teneamus quod ubique, quod semper, quod ab omnibus creditum est. »
« In the Catholic Church itself, care must be taken to hold that which has been believed everywhere, always and by all. »
Commonitorium, chapter 2.
« ab omnibus, by all »: indeed, if all the bishops are in unison on a matter of the Church (faith, morals or liturgy) and they are in agreement with what has been taught everywhere in the past (« quod ubique » and « semper »), this doctrine is certain and infallible. Otherwise the whole Church would err, which is impossible by the promise of Our Lord Jesus Christ that the gates of hell will never prevail against the Church.
This criterion guarantees that the traditional teaching of the faith persists, preserving the infallibility of the Church in the absence of a pope.
4.2 Sacraments
The suppliance ensures the validity of the sacraments requiring jurisdiction, such as confession and marriage, as well as episcopal consecrations in case of necessity.
Father Timotheus Zapelena affirms that one must admit a suppliance of jurisdiction, which comes from the providential will of Christ Himself (De Ecclesia Christi, 1955).
For example, were the Sacraments administered by these bishops and priests during the Western Schism illicit and, in the case of Penance, invalid (due to the lack of ordinary jurisdiction)? The answer to this question is found in the same work by Father Timotheus Zapelena, S.J.:
“The true pope was that of Rome, that is, Urban VI and his successors. Consequently, he was able to give jurisdiction even to the bishops of the other obediences (due to the common error of the faithful with the coloured title).” Father Zapelena goes even further in his treatise by considering what the situation would have been if the three claimants to the post of pope had not been true popes. He answers: “As for the rest, if you consider that these three popes are null, you should admit that the jurisdiction is supplied (due to the coloured title), not by the Church, which lacks the supreme power, but by Christ Himself, who would have conferred the jurisdiction to each of these antipopes as much as necessary.”
In this doctrine, a traditionalist priest can validly absolve sins in case of positive doubt or common error, and a bishop can consecrate another bishop to ensure the necessary apostolic succession.
4.3 Ecclesiastical Jurisdictions
Ecclesiastical tribunals judge validly the causes, notably matrimonial ones, respecting the hierarchical degrees, thanks to the supplied jurisdiction. This is founded on the same principle that the Church being indefectible, cannot be incapable of functioning as a perfect society in judging the inevitable disputes at any time.
4.4 Pontifical Election
In case of prolonged vacancy, the right to elect a pope reverts to the Catholic bishops, as Cardinal Cajetan explains that if the Church found itself in a state of prolonged vacancy of the Apostolic See:
« one must say that the power to attribute the papacy to such a subject is found in the Church, under the required conditions, for otherwise the Church finds itself in the impossible. And in such a circumstance, it seems that this power is remitted to the universal Church by way of devolution, as in the case where there are no electors whom the pope would have designated so that they can represent the Church and accomplish this act of election, necessary for the good of the Church itself. »
Cajetan, De Comparatione Auctoritatis Papae et Concilii, chapter XIII.
Saint Alphonsus Liguori specifies that the universal acceptance by the Church validates an election, even in case of initial irregularity.
Le Verità della Fede, parte terza, cap. VIII (edition of Naples, 1767, p. 720) :
« It does not matter that a Pope has been elected by intrigue, or in a non-canonical manner; it suffices that afterwards he has been accepted by the whole Church as Pope, as this has happened; then, by this acceptance, he is truly Pope. »
4.5 Triple Munus: To Teach, To Govern, To Sanctify
The jurisdiction of suppliance covers integrally the triple munus of the Church: to teach (munus docendi), to govern (munus regendi) and to sanctify (munus sanctificandi).
Theological Context
Indeed, the triple munus (to teach, to govern, to sanctify) finds its foundation in the authority given by Christ to Peter and to the apostles, who form the apostolic college, to continue his redemptive mission. These three aspects are distinct but interconnected, and their institution can be identified in several passages of the Gospel, notably in the mandates given to the apostles.
Pertinent Evangelical Texts
- Munus docendi (to teach):
The power to teach is conferred by Christ in the universal missionary mandate, where he sends the apostles to teach all nations. The key text is:
Matthew 28, 18-20:
« And Jesus came and spoke to them, saying: All power is given to me in heaven and on earth. Go therefore and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Spirit, teaching them to observe all things whatsoever I have commanded you. And lo, I am with you always, even to the end of the world. »
Explanation: Here, Christ explicitly confers the power to teach (docete omnes gentes), in connection with the mission to baptize and to instruct the faithful to observe his commandments. This mandate establishes the munus docendi, which includes the transmission of the faith and doctrine.
- Munus regendi (to govern):
The power to govern is conferred principally to Peter, as head of the apostles, and by extension to the apostles and their successors. The fundamental text is:
Matthew 16, 18-19:
« And I say also to you, That you are Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it. And I will give to you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be bound in heaven: and whatsoever you shall loose on earth shall be loosed in heaven. »
Explanation: The « keys of the kingdom » symbolize the supreme authority to govern the Church, including the power to legislate, to judge and to guide the faithful. The power to bind and to loose confers on Peter (and his successors) a universal jurisdiction, which includes the munus regendi.
- Munus sanctificandi (to sanctify):
The power to sanctify is conferred by Christ when he gives to the apostles the power to celebrate the sacraments, notably the Eucharist and the forgiveness of sins. Two principal texts apply here:
– John 20, 21-23:
« Then said Jesus to them again: Peace be to you: as my Father has sent me, even so send I you. And when he had said this, he breathed on them, and said to them: Receive the Holy Spirit. Whose soever sins you remit, they are remitted to them; and whose soever sins you retain, they are retained. »
Explanation: This passage institutes the sacrament of penance, which is a key element of the munus sanctificandi. The power to remit or retain sins confers on the apostles a sacerdotal authority to sanctify souls.
– Luke 22, 19 (institution of the Eucharist):
« And he took bread, and gave thanks, and broke it, and gave to them, saying: This is my body which is given for you: this do in remembrance of me. »
Explanation: The institution of the Eucharist confers on the apostles the power to celebrate this central sacrament, which sanctifies the faithful by uniting them to Christ.
These passages, read in the perspective of traditional Catholic doctrine, establish that Christ has conferred on his Church, through the apostles, a full and entire authority to accomplish his salvific mission, including in extraordinary cases where the jurisdiction of suppliance is invoked.
These three functions, essential to the nature of the Church as a perfect society, are maintained even in the absence of a visible pope, thanks to the supernatural devolution operated by Christ, the invisible Head.
– Munus Docendi (To Teach):
This munus concerns the transmission of Catholic doctrine, particularly through the ordinary and universal Magisterium.
In a period of prolonged vacancy, the Catholic bishops, united in the traditional faith, continue to teach the revealed truths, as Saint Vincent of Lérins emphasises (Commonitorium, chapter 2). For example, they maintain the teaching against modernist errors, preserving the collective infallibility of the Church.
This continuity is essential and necessary to avoid the faithful being deprived of the truth necessary for salvation. The suppliance guarantees that the bishops, successors of the Apostles, exercise this power of teaching without depending on a visible papal authority, in accordance with the promise of Christ (Gospel according to Saint Matthew, chapter 28, verse 20).
Historically, during the Arian crisis of the IVth century, bishops like Saint Athanasius preserved the faithful teaching against heresies, even in the absence of clear papal support.
In the Ecclesiastical History of Sozomen, it is reported that Eusebius of Caesarea urged Athanasius to receive the Arians into communion, but Athanasius categorically refused, recalling that those who had « developed a heresy » could not be admitted into the Church.
And Saint Gregory of Nazianzus (in « Oration 21 ») celebrates the constancy of Athanasius in the face of persecutions, qualifying him as « great defender of the truth » whose sufferings were a testimony of faith.
The Thomistic logic supports this function:
The « munus docendi » is well understood in the Thomistic tradition as an efficient instrumental cause of faith: it acts not as the first cause of grace (which is God himself), but as the means by which the revealed truth is presented to men, so that faith can be born « ex auditu ». This doctrine is found in the Summa Theologica, II-II, q. 2, a. 6, where Saint Thomas affirms that the teaching of divine truth is « causa efficens » of faith, that is, an instrument which, by the exterior transmission of revelation, makes possible the act of faith.
– Munus Regendi (To Govern):
This munus encompasses the authority to direct the ecclesial society, including clerical discipline and ecclesiastical judgements.
In prolonged vacancy of the supreme seat, the jurisdiction of suppliance allows bishops to govern their dioceses, to delegate powers to priests (for example, for confession) and to maintain the hierarchical order.
For example, a bishop can authorise a matrimonial tribunal to judge a cause of annulment, even without papal mandate, thanks to canon 209 of the Code of Canon Law of 1917 (the « common doubt » being in this case the doubt about the fact of jurisdiction).
This power of government is indispensable to preserve the unity and visibility of the Church, as required by its nature as a perfect society.
See: Billot, Tractatus de Ecclesia Christi, t. I, q. I, th. I (ed. 1909, p. 5-6):
« Atqui ut societas sit vere perfecta, oportet ut in se ipsa habeat omnia media ad suum finem consequendum necessaria. […] Ergo Ecclesia, quae est societas vere perfecta, debet habere non solum finem, sed etiam omnia media ad illum obtinendum, inter quae praecipua est potestas regiminis. »
« But for a society to be truly perfect, it must possess in itself all the means necessary to attain its end. […] Therefore the Church, which is a truly perfect society, must have not only an end, but also all the means to attain it, among which the principal is the power of government. »
Billot develops this thesis by relying on Thomistic scholasticism and earlier magisterial teachings (e.g.: Saint Thomas Aquinas, Summa Theologiae II-II, q. 1, a. 10; and Leo XIII). He argues that, unlike imperfect or semi-perfect societies (like the family or the State, which depend partially on the Church for their moral perfection), the Church is perfecta ex se: it possesses in itself all the necessary elements (ends, means, supreme authority) for its divine objective. The potestas regiminis (power of government) is here put forward as the principal means, including the hierarchy, the sacraments and the infallible doctrine, to guide the faithful towards eternal beatitude. This refutes Protestant or modernist views which would limit the Church to a simple invisible spiritual association.
During the Roman persecutions, the bishops organised the Christian communities without central authority, maintaining discipline and order (De Lapsis, Saint Cyprian, chapter 17).
The treatise De Lapsis of Cyprian indicates that, in the face of the « lapsi », decisions were taken « on a case-by-case basis », that synods were convened at Carthage, and that the reconciliation of the lapsi was regulated « by the councils » (although in agreement with the pope).
According to Thomistic logic, the munus regendi also acts as an efficient cause, for it orders the members of the Church towards their common end, salvation (Summa Theologica, Saint Thomas Aquinas, I-II, q. 90, a. 3).
– Munus Sanctificandi (To Sanctify):
This munus concerns the administration of the sacraments and sacramentals, which are the ordinary means of grace.
The suppliance ensures that the sacraments requiring jurisdiction, such as confession and marriage, remain valid in case of doubt or necessity.
For example, a priest can validly absolve a penitent believing erroneously in his authority, or a bishop can consecrate another bishop to perpetuate the apostolic succession, as Teodoro Zapelena teaches (De Ecclesia Christi, 1955).
The sacramentals, such as exorcisms, are also administered licitly under the supplied jurisdiction, thus responding to the salvific purpose of the Church (Theologia Moralis, Saint Alphonsus Liguori, book VI, tractatus I, caput I).
- Dominic Prümmer, O.P.
Manuale Theologiae Moralis, t. III, n. 507: this citation affirms that the Church supplies the jurisdiction not only for sacramental absolution, but also « in omnibus casibus in quibus bonum commune fidelium id exigat » (in all cases where the common good of the faithful requires it).
He explains that the Church, by virtue of its supreme power, can supply the missing jurisdiction in cases where it is necessary for the common good of the faithful.
According to Catholic moral theology, the suppliance of jurisdiction applies notably in situations where a priest, even without ordinary jurisdiction, can act validly for the salvation of souls, as in the case of absolution in danger of death:
Code of Canon Law of 1917, canon 882:
« In danger of death, all priests, although not approved for confessions, validly and licitly absolve any penitents whatsoever from all sins or censures, although reserved or notorious. »
Prümmer extends this principle to other situations where the common good requires it, in accordance with the doctrine of the Church.
- Noldin-Schmitt (Summa Theologiae Moralis, vol. III, n. 153):
This citation indicates that the principle of suppliance flows from the solicitude of the Church not to leave the faithful without help.
These authors discuss the supplied jurisdiction and emphasise that the Church, as mother and guardian of souls, ensures that the faithful are not deprived of the sacraments or other graces necessary for their salvation. This principle rests on the supernatural purpose of the Church, which is the salvation of souls (« salus animarum suprema lex »).
During historical crises, such as the Roman persecutions, priests continued to administer the sacraments without formal mandate, ensuring the sanctification of the faithful (De Lapsis, Saint Cyprian, chapter 17). According to Thomistic logic, the munus sanctificandi acts as an instrumental cause, for the sacraments are the instruments by which divine grace is distributed (Summa Theologica, Saint Thomas Aquinas, III, q. 65, a. 1).
The suppliance of the triple munus is a manifestation of divine Providence, for without it, the Church would be reduced to impotence, incapable of teaching, governing or sanctifying, which would contradict its divine mission and its indefectibility.
The Thomistic logic supports this doctrine: the munus docendi (formal cause), the munus regendi (efficient cause) and the munus sanctificandi (instrumental cause) are ordered to the final cause of the salvation of souls, guaranteed by the presence of Christ (Gospel according to Saint Matthew, chapter 28, verse 20).
- Refutation of Objections
- Objection of conclavism:
“The suppliance encourages schismatic elections by isolated groups.”
Response: The suppliance is reserved to the college of valid Catholic bishops who are not heretical, not to unauthorised groups, as Cajetan explains (De Comparatione Auctoritatis Papae et Concilii, chapter XIII). A legitimate election requires the consensus of the universal Church or its legitimate representatives, guaranteeing unity (Verità della Fede, Saint Alphonsus Liguori, third part, chapter 8).
- Objection of the prolonged vacancy:
“A vacancy at Rome of sixty-two years compromises the indefectibility of the Church.”
Response: Christ, the invisible Head, maintains the Church by devolution to the bishops, in accordance with his promise (Gospel according to Saint Matthew, chapter 16, verse 18).
The historical example of the Great Schism (1378-1417) shows that the Church survives prolonged crises.
- Objection of uselessness:
“The suppliance is not necessary, for the Church can function without it.”
Response: Without suppliance, the sacraments requiring jurisdiction would be inaccessible, contradicting the salvific mission of the Church. (Theologia Moralis, Saint Alphonsus Liguori, book VI, tractatus I, caput I).
- Objection of restriction:
“The suppliance is limited to particular cases and does not apply to universal crises.”
Response: If the suppliance is valid for local cases, it is a fortiori for global crises, according to the logic of proportionate causes.
The history of the Church shows that God and the Church have always responded to great necessities by proportionate means:
– During the Arian crisis (IVth century), where a large part of the episcopate adhered to heresy, God raised up defenders like Saint Athanasius, who preserved the Catholic faith.
– At the time of the Protestant Reformation, the Council of Trent (1545-1563) was a providential response to reaffirm doctrine and reform discipline.
- Theological-Canonical Scope
The jurisdiction of suppliance manifests itself in an ordinary manner (common error or positive doubt, canon 209) and extraordinary (prolonged vacancy or universal crisis). It is limited to functions not exclusively papal, but suffices to maintain the Church visible and hierarchical.
Saint Alphonsus Liguori recommends a benevolent approach in cases of doubt.
« In dubiis benigniora sunt praeferenda. »
« In cases of doubt, the more favourable solution must be preferred. »
Theologia Moralis, book I, tractatus I, chapter IV.
This benevolence reflects divine charity, facilitating access to the sacraments and to ecclesial government.
The providentialist dimension is central:
« Ecce ego vobiscum sum omnibus diebus. »
« Behold, I am with you all days. »
Gospel according to Saint Matthew, chapter 28, verse 20.
- Conclusion
The jurisdiction of suppliance, in a period of prolonged vacancy of the Apostolic See, is a doctrinal certainty. It rests on natural and divine law, is confirmed by theologians and canon law, and is necessary to preserve the indefectibility of the Church. By covering the triple munus – to teach, to govern, to sanctify –, it guarantees that the Church remains faithful to its mission, even in the absence of a visible pope. This doctrine manifests the fidelity of Christ, who never permits the gates of hell to prevail against his Spouse.
« Et portae inferi non praevalebunt adversus eam. »
« And the gates of hell shall not prevail against it. »
Gospel according to Saint Matthew, chapter 16, verse 18.
Post Scriptum
- Objection: The Council of Trent teaches (sessio XXIII, canon 6) that there always exists a hierarchy of jurisdiction (normal) in the Church.
Refutation: It is about the hierarchy of the power of order, not that of jurisdiction.
The author Timotheus Zapelena S.I., in his work entitled « De Ecclesia Christi », Pars Altera, Apologetico Dogmatica, published in the second enlarged and corrected edition (Editio altera aucta et emendata), at Rome with the Editions of the Gregorian University (Apud Aedes Universitatis Gregorianae), in the year 1954, refutes the argument according to which the Council of Trent (session XXIII, canon 6) would have condemned the thesis that the hierarchy of jurisdiction would not always exist, that is, that, according to this Council, there would never be a time when there does not exist a hierarchy of jurisdiction. The author specifies that the Council speaks of the hierarchy of « order », of the power of order, which will always exist in the Church, but not of that of jurisdiction.
Concilium Tridentinum, sessio XXIII, canon 6 definit: « Si quis dixerit in Ecclesia catholica non esse hierarchiam divina ordinatione institutam, quae constat ex episcopis, presbyteris et ministris, A. S. » (Denzinger n. 966). Ubi duo notanda occurrunt: a) In hoc canone agitur tantum de potestate ordinis. Duae sunt huius asserti rationes. Primo quidem quia si ageretur de potestate iurisdictionis, vix concipitur omissio gradus supremi et primatialis divinitus constituti; deinde vero in contraria hypothesi oporteret admittere presbyteros et ministros habere iure divino potestatem iurisdictionis, id quod est inauditum in sana theologia. b) Verba « divina ordinatione » consulto sunt posita. Postulatum fuerat a nonnullis episcopis hispanis, ut, loco verborum divina ordinatione, poneretur divina institutione, quae ius divinum expressius definiunt; at reiecta fuit postulatio, ne ansa daretur falsae interpretationi de iurisdictione episcopali immediate a Christo derivata.
Docet praeterea Concilium in capite IV: « Sancta Synodus declarat, praeter ceteros ecclesiasticos gradus, episcopos, qui in apostolorum locum successerunt, ad hunc hierarchicum ordinem praecipue pertinere, et positos (sicut idem apostolus ait) a Spiritu Sancto regere Ecclesiam Dei » (Denzinger n. 960). Etiam in hoc capite agitur tantum de potestate ordinis, ut expressius deinde ostendemus. Ceterum sufficiat notare quae Patres Tridentini addunt in fine huius capitis: « haec sunt quae generaliter sacrae Synodo visum est Christi fideles de sacramento ordinis docere. His autem contraria certis et propriis canonibus in hunc, qui sequitur, modum damnare constituit ».
Translation into English:
The Council of Trent, session XXIII, canon 6 defines: « If anyone says that in the Catholic Church there is no hierarchy instituted by divine ordination, which consists of bishops, priests and ministers, let him be anathema. » (Denzinger no. 966). On this, two points must be noted: a) In this canon, it is only about the power of order. There are two reasons for this assertion. First, because if it were about the power of jurisdiction, it is scarcely conceivable that the supreme and primatial degree divinely constituted be omitted; secondly, in the contrary hypothesis, it would be necessary to admit that priests and ministers possess by divine right the power of jurisdiction, which is unheard of in sound theology. b) The words « by divine ordination » were placed intentionally. It had been requested by some Spanish bishops that, instead of the words divina ordinatione, divina institutione be put, which define divine right more expressly; but the request was rejected, so as not to give occasion to a false interpretation of the episcopal jurisdiction immediately derived from Christ.
The Council teaches furthermore in chapter IV: « The holy Synod declares that, besides the other ecclesiastical degrees, bishops, who have succeeded to the place of the apostles, principally belong to this hierarchical order, and are placed (as the same apostle says) by the Holy Spirit to rule the Church of God » (Denzinger no. 960). In this chapter also, it is only about the power of order, as we shall show more expressly hereafter. For the rest, it suffices to note what the Fathers of Trent add at the end of this chapter: « these are the things which the holy Synod has judged good to teach in general to the faithful of Christ concerning the sacrament of order. But what is contrary to these, it has decided to condemn in the following manner by certain and proper canons. »
- To understand this well, it is necessary to make this clear distinction:
Between The Hierarchy of Order and of Jurisdiction in the Catholic Church
According to the Certain Doctrine of the Council of Trent and of the First Vatican Council the Catholic Church distinguishes clearly between the potestas ordinis (sacramental power) and the potestas iurisdictionis (power of government). This distinction is essential to understand the divine institution of the Church and to avoid errors. The Council of Trent (1545-1563) treats exclusively of the hierarchy of order; the primacy of jurisdiction is defined by the First Vatican Council (1869-1870). Here is the certain and fixed doctrine, word for word drawn from the sources.
- The Hierarchy of Order (Potestas Ordinis) – Council of Trent
The Council of Trent defines, in sessio XXIII (De sacramento ordinis, 15 July 1563), that there exists a hierarchy instituted by divine ordination, composed of bishops, priests and ministers. This hierarchy concerns exclusively the sacramental order, which will always exist in the Church.
- Chapter IV (Denzinger no. 960):
« Sancta Synodus declarat, praeter ceteros ecclesiasticos gradus, episcopos, qui in apostolorum locum successerunt, ad hunc hierarchicum ordinem praecipue pertinere, et positos, sicut idem apostolus ait, a Spiritu Sancto regere Ecclesiam Dei (Act. 20, 28). »
(Translation: The holy Synod declares that, besides the other ecclesiastical degrees, bishops, who have succeeded to the place of the apostles, principally belong to this hierarchical order, and are placed, as the same apostle says, by the Holy Spirit to rule the Church of God (Acts 20, 28).)
Reference: Heinrich Denzinger – Adolf Schönmetzer S.J., Enchiridion Symbolorum definitionum et declarationum de rebus fidei et morum, no. 960 (edition 1963, p. 289).
- Canon 6 (Denzinger no. 966):
« Si quis dixerit in Ecclesia catholica non esse hierarchiam divina ordinatione institutam, quae constat ex episcopis, presbyteris et ministris, A. S. »
(Translation: If anyone says that in the Catholic Church there is no hierarchy instituted by divine ordination, which consists of bishops, priests and ministers, let him be anathema.)
Reference: Idem, no. 966 (p. 291).
Explanation (according to Timotheus Zapelena S.I., De Ecclesia Christi, pars altera, 1954, pp. 10-11):
– This canon concerns exclusively the potestas ordinis. Two reasons:
- a) If it were about jurisdiction, the supreme and primatial degree (the pope) should be mentioned – it is absent.
- b) The words « divina ordinatione » (and not « institutione ») were chosen deliberately not to imply a divine right for jurisdiction. Spanish bishops demanded « institutione », but this was rejected to avoid false interpretations of an episcopal jurisdiction immediate from Christ.
- The Hierarchy of Jurisdiction (Potestas Iurisdictionis) – First Vatican Council
Jurisdiction is not of divine right for a universal hierarchy, but only for the primacy of Peter and his successors. All other jurisdiction is derived and depends on the pope.
- Pastor Aeternus, chap. 3 (Denzinger no. 1821):
« Docemus […] primatum iurisdictionis in universam Dei Ecclesiam immediate et directe Beato Petro Apostolo promissum atque collatum a Christo Domino fuisse. »
(Translation: We teach that the primacy of jurisdiction over the whole Church of God was promised and conferred immediately and directly to the blessed apostle Peter by Christ the Lord.)
Reference: Idem, no. 1821 (p. 543).
- Distinction iure divino immediato vs. mediato:
– Immediato: Only the papal primacy with universal jurisdiction (iure divino immediato).
– Mediato: God wills that all jurisdiction descend from the pope as unique channel (dependentia a Romano Pontifice).
Thomas Aquinas (Contra Errores Graecorum, chap. 32):
« Omnis iurisdictio in Ecclesia dependet a Petro et successoribus eius. »
(Translation: All jurisdiction in the Church depends on Peter and his successors.)
Reference: Sanctus Thomas Aquinas, Opuscula Theologica, vol. II, chap. 32 (edition Marietti, Turin, 1954, p. 318).
- Saint Robert Bellarmine:
« Iurisdictio episcoporum est a Pontifice, non immediate a Christo; licet radix totius iurisdictionis sit in Christo per Petrum. »
(Translation: The jurisdiction of bishops comes from the Pontiff, not immediately from Christ; although the root of all jurisdiction is in Christ through Peter.)
Reference: Robertus Bellarminus S.J., De Romano Pontifice, liv. IV, chap. 24 (edition Rome, 1611).
III. Canonical Consequence (Code of Canon Law 1917)
– Can. 329 §1: « Episcopi sunt successores Apostolorum et ex divina institutione in Ecclesia constituuntur; sed singuli dioeceses a Romano Pontifice assignantur. »
(Translation: Bishops are successors of the apostles and are constituted in the Church by divine institution; but individual dioceses are assigned by the Roman Pontiff.)
– Can. 108 §3: No divine institution for the distinction in jurisdiction.
Conclusion
– By divine right (iure divino immediato): The papal primacy with universal jurisdiction.
– By divine right (iure divino mediato): The structure according to which all jurisdiction descends from the pope.
– By ecclesiastical right (iure ecclesiastico): The concrete attribution to bishops and curates.
Without papal mission, a bishop has no ordinary jurisdiction, but only the sacramental power of order. This guarantees the unity of the Church.
The jurisdiction of suppliance in necessities guarantees its survival.
Sources:
– Conciliorum Oecumenicorum Decreta (Bologna, 1973).
– Denzinger-Schönmetzer (1963).
– Zapelena S.I., De Ecclesia Christi (Rome, 1954).
Here is the certain Catholic doctrine from before 1963, which affirms the jurisdiction of suppliance as a divine and natural truth to preserve the Church in times of crisis, until the end of time.
AMDG