Monday, October 14, 2024

Matthias Scheeben (RC) on the main forms in which the Pope Issues Ex Cathedra Decisions

  

The main forms in which ex cathedra decisions are given, especially according to the newer style, are as follows:

{508} 1. The most solemn and most prominent form consists of the so-called Dogmatic Constitutions or Bulls, which lay down and promulgate judgments expressly in the form of general ecclesiastical laws [canons] that are sanctioned with strict punishments, e.g. the Constitutions Unigenitus and Auctorem fidei against the Jansenists, and Ineffabilis Deus about the Immaculate Conception. With these, since the text is usually very clear by itself, it makes no difference whether they are addressed in the inscription to the whole Church (like the Bull Unigenitus) or not (like the Bulls Unam sanctam and Ineffabilis Deus).

{509} 2. After the Constitutions come the Encyclical Letters addressed to the Universal Church, provided that they are of a dogmatic nature, i.e. in categorical terms make it the bishops duty to propose and assert or to suppress and uproot certain doctrines, and to command the faithful to hold or to reject those doctrines [as the case may be]. They resemble the Constitutions in their direct, general intention and differ from them as a rule only by their lack of punitive sanctions. They themselves in turn are subdivided into those which (with the exception of the punitive sanctions) otherwise, as far as the formulation of the doctrine in question and the emphasis on authority is concerned, are worded in strict juridical forms (like the Encyclical Quanta cura, which at first had also been prepared as a formal Constitution), and those which inculcate Catholic doctrines or reject anti-Catholic teachings in a freer, more rhetorical, yet peremptory form (like the well-known Encyclical of Gregory XVI Mirari vos from 1832, about which the same pope declared in the Encyclical Singulari Nos dated July 10, 1833: “We declared [denuntiavimus; in another passage: definivimus] in it the only sound doctrine to be followed concerning the main points in the fulfillment of the duties of Our office for the whole Catholic

flock”). In the latter case it can nevertheless easily happen that the ex cathedra pronouncement is discernible merely with moral certitude or that the act in question has only approximately the same force as one.

{510} 3. Other Apostolic Letters, which are not issued with the solemnity of the Constitutions but merely in a brief form or are not addressed directly to the entire Church, are to be regarded as ex cathedra pronouncements if they either a) resemble the Constitutions in that they impose general theological and punitive censures on the denial of particular doctrines, or b) like dogmatic Encyclicals, define or condemn a doctrine in strict juridical terms or else declare and inculcate in the equivalent freer expressions that it is a duty of every Catholic to hold a particular doctrinehowever here, often even more than in the Encyclicals, the strictly dogmatic character of the Letter is obviously to be distinguished from its admonitory or disciplinary character. When in the edict itself the general and definitive intention is clear, the fact that the Letter may be addressed to a special group has no restrictive influence (just as Benedict XIV too, for example, declared in the Brief Ad eradicandum that some had rashly denied that the condemnation expressed in the Apostolic Letter Suprema, dated July 7, 1745, of the practice of inquiring about the accomplice in the confessional has the force and authority of a general definition and law). The somewhat less conspicuous lack of a general intention or of definitive forms is often counterbalanced, however, by the fact that such letters are also promulgated specially at the pope’s command or made into an Encyclical (as happened, e.g., with the Dogmatic Letter of Leo I to Flavianum and in very recent times with excerpts from the earlier manifold acts of Pius IX in the Syllabus, after the Encyclical that was issued simultaneously had said: “By several Encyclicals promulgated among the common people, Allocutions held in the Consistory, and other Apostolic Letters, We have condemned errors . . . and admonished all the children of the Catholic Church again and again”). The fact that here the Allocutions are mentioned between the Encyclicals and the Apostolic Letters, or rather are put on a par with the Encyclicals, indicates that they likewise can be employed as a means of instructing the whole Church and hence under certain circumstances can be used to promulgate or execute an ex cathedra pronouncement, because they are plainly not to be regarded as mere sermons or lectures for the cardinals, but rather as addresses to the whole Catholic world.

{511} 4. Finally the pope can speak ex cathedra through the confirmation of the judgments of other tribunals: a) especially of the judgments of General Councils, whereby the confirmation is naturally always and under all circumstances intended with its full efficacy; b) of the judgments of particular councils; here however the confirmation must be expressed as a positive, solemn, and full one (solemnis et plenissima); but in reality that is most often not so, since it is usually exercised only as an act of superintendence; c) of the judgments of the Roman Congregations; here however the confirmation must in any case be combined with the formal order to promulgate those judgments, so that the judgments are not merely approved by the pope in their intrinsic value but are also made his own and are presented as proceeding from him to the Church. (Matthias Scheeben, Handbook of Catholic Dogmatics, Book 1, Part 1 [trans. Michael J. Miler; Steubenville, Ohio: Emmaus Academic, 2019], §32 nos. 508-11)

 

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