Monday, December 30, 2024

The 1917 and 1983 Codes of Canon of Law and Tuas Libenter (December 21, 1863) on the Ordinary Universal Magisterium

  

Canon 1323 (1917 Code of Canon Law):

 

English:

 

§ 1. All of those things are to be believed with a divine and Catholic faith that are contained in the written word of God or in tradition and that the Church proposes as worthy of belief, as divinely revealed, whether by solemn judgment or by her ordinary and universal magisterium.

§ 2. It belongs to an Ecumenical Council or to the Roman Pontiff speaking from the chair to pronounce solemnly this sort of judgment.

§ 3. A thing is not understood as dogmatically defined or declared unless this is manifestly established. (The 1917 or Pio-Benedictine Code of Canon Law: In English Translation with Extensive Scholarly Apparatus [trans. Edward N. Peters; San Francisco: Ignatius Press, 2001], 445-46)

 

Latin:

 

§ 1. Fide divina et catholica ea omnia credenda sunt quae verbo Dei scripto vel tradito continentur et ab Ecclesia sive sollemni iudicio sive ordinario et universali magisterio tanquam divinitus revelata credenda proponuntur.

§ 2. Sollemne huiusmodi iudicium pronuntiare proprium est tum Oecumenici Concilii tum Romani Pontificis ex cathedra loquentis.

§ 3. Declarata seu definita dogmatice res nulla intelligitur, nisi id manifeste constiterit. (Benedicti Papae XV and PII X Pontificis Maximi, Codex Iuris Canonici [Neo-Eboraci: P. J. Kenedy & Sons, 1918], 383–84)

 

 

Canons 749-750 (1983 Code of Canon Law):

 

English:

 

can. 749 §1.† By virtue of his office, the Supreme Pontiff possesses infallibility in teaching when as the supreme pastor and teacher of all the Christian faithful, who strengthens his brothers and sisters in the faith, he proclaims by definitive act that a doctrine of faith or morals is to be held.

§2.† The college of bishops also possesses infallibility in teaching when the bishops gathered together in an ecumenical council exercise the magisterium as teachers and judges of faith and morals who declare for the universal Church that a doctrine of faith or morals is to be held definitively; or when dispersed throughout the world but preserving the bond of communion among themselves and with the successor of Peter and teaching authentically together with the Roman Pontiff matters of faith or morals, they agree that a particular proposition is to be held definitively.

§3.† No doctrine is understood as defined infallibly unless this is manifestly evident.

 

can. 750 §1.† A person must believe with divine and Catholic faith all those things contained in the word of God, written or handed on, that is, in the one deposit of faith entrusted to the Church, and at the same time proposed as divinely revealed either by the solemn magisterium of the Church or by its ordinary and universal magisterium which is manifested by the common adherence of the Christian faithful under the leadership of the sacred magisterium; therefore all are bound to avoid any doctrines whatsoever contrary to them.

§2. Each and every thing which is proposed definitively by the magisterium of the Church concerning the doctrine of faith and morals, that is, each and every thing which is required to safeguard reverently and to expound faithfully the same deposit of faith, is also to be firmly embraced and retained; therefore, one who rejects those propositions which are to be held definitively is opposed to the doctrine of the Catholic Church. (Code of Canon Law: New English Translation [Washington, D. C.: Canon Law Society of America, 1998], 245-47)

 

Latin:

 

can. 749 § 1. Infallibiitate in magisterio, vi muneris sui gaudet Summus Pontifex quando ut supremus omnium christifidelium Pastor et Doctor, cuius est fratres suos in fide confirmare, doctrinam de fide vel de moribus tenendam definitivo actus proclamat.

§ 2. Infallibiitate in magisterio pollet quoque Collegium Episcoporum quando magisterium exercent Episcopi in Concilio Oecumenico coadunati, qui, ut fidei et morum doctores et iudices, pro universa Ecclesia doctrinam de fide vel de moribus definitive tenendam declarant aut quando per orbem dispersi, communionis nexum inter se et cum Petri successore servantes, una cum eodem Romano Pontifice authentice res fidei vel morum docentes, in unam sententiam tamquam definitive tenendam conveniunt.

§ 3. Infallibiliter definita nulla intellegitur doctrina, nisi id manifesto constiterit.

 

can. 750 § 1. Fide divina et catholica ea omnia credenda sunt quae verbo Dei scripto vel tradito, uno scilicet fidei deposito Ecclesiae commisso, continentur, et insimul ut divinitus revelata proponuntur sive ab Ecclesiae magisterio sollemni, sive ab eius magisterio ordinario et universali, quod quidem communi adhaesione christifidelium sub ductu sacri magisterii manifestatur; tenentur igitur omnes quascumque devitare doctrinas iisdem contrarias.

§ 2. Firmiter etiam amplectenda ac retinenda sunt omnia et singula quae circa doctrinam de fide vel moribus ab Ecclesiae magisterio definitive proponuntur, scilicet quae ad idem fidei depositum sancte custodiendum et fideliter exponendum requiruntur; ideoque doctrinae Ecclesiae catholicae adversatur qui easdem propositiones definitive tenendas recusat. (Codex Iuris Canonici [Vatican City: Libreria Editrice Vaticana, 1989], Logos ed.)

 

On the Eastern Rite Churches, see Code of Canons of the Eastern Churches on the Primacy of the Roman Pontiff.

 

Elsewhere, in Tuas libenter (December 21, 1863), Pope Pius IX taught the following concerning the authority of the universal ordinary magisterium and the consensus of theologians:

 

1680 [DS 2876] Nor, are We ignorant that in Germany also there prevailed a false opinion against the old school, and against the teaching of those supreme doctors [see n. 1713], whom the universal Church venerates because of their admirable wisdom and sanctity of life. By this false opinion the authority of the Church itself is called into danger, especially since the Church, not only through so many continuous centuries has permitted that theological science be cultivated according to the method and the principles of these same Doctors, sanctioned by the common consent of all Catholic schools, but it (the Church) also very often extolled their theological doctrine with the highest praises, and strongly recommended it as a very strong buttress of faith and a formidable armory against its enemies.…

 

1681 [DS 2877] Indeed, since all the men of this assembly, as you write, have asserted that the progress of science and its happy result in avoiding and refuting the errors of our most wretched age depend entirely on a close adherence to revealed truths which the Catholic Church teaches, they themselves have recognized and professed that truth, which true Catholics devoted to cultivating and setting forth knowledge, have always held and handed down. And so, relying on this truth, these wise and truly Catholic men could cultivate these sciences in safety, explain them, and make them useful and certain. And this could not be achieved if the light of human reason, circumscribed by limits in investigating those truths also which it can attain by its own powers and faculties, did not venerate above all, as is just, the infallible and uncreated light of the divine intellect which shines forth wonderfully everywhere in Christian revelation. For, although those natural disciplines rely on their own proper principles, apprehended by reason, nevertheless, Catholic students of these disciplines should have divine revelation before their eyes as a guiding star, by whose light they may guard against the quicksands of errors, when they discover that in their investigations and interpretations they can be led by them (natural principles)—as often happens—to profess those things which are more or less opposed to the infallible truth of things which have been revealed by God.

 

1682 [DS 2878] Hence, We do not doubt that the men of this assembly, knowing and professing the truth mentioned above, have wished at one and the same time clearly to reject and repudiate that recent and preposterous method of philosophizing which, even if it admits divine revelation as an historical fact, nevertheless, submits the ineffable truths made known by divine revelation to the investigations of human reason; just as if those truths had been subject to reason, or, as if reason, by its own powers and principles, could attain understanding and knowledge of all the supernal truths and mysteries of our holy faith, which are so far above human reason that it can never be made fit to understand or demonstrate them by its own powers, and on its own natural principles [see n. 1709]. Indeed, We honor with due praise the men of this same convention because, rejecting, as We think, the false distinction between philosopher and philosophy, about which We have spoken in our other letter to you [see n. 1674], they have realized and professed that all Catholics in their learned interpretations should in conscience obey the dogmatic decrees of the infallible Catholic Church.

 

1683 [DS 2879] While, in truth, We laud these men with due praise because they professed the truth which necessarily arises from their obligation to the Catholic faith, We wish to persuade Ourselves that they did not wish to confine the obligation, by which Catholic teachers and writers are absolutely bound, only to those decrees which are set forth by the infallible judgment of the Church as dogmas of faith to be believed by all [see n. 1722]. And We persuade Ourselves, also, that they did not wish to declare that that perfect adhesion to revealed truths, which they recognized as absolutely necessary to attain true progress in the sciences and to refute errors, could be obtained if faith and obedience were given only to the dogmas expressly defined by the Church. For, even if it were a matter concerning that subjection which is to be manifested by an act of divine faith, nevertheless, it would not have to be limited to those matters which have been defined by express decrees of the ecumenical Councils, or of the Roman Pontiffs and of this See, but would have to be extended also to those matters which are handed down as divinely revealed by the ordinary teaching power of the whole Church spread throughout the world, and therefore, by universal and common consent are held by Catholic theologians to belong to faith.

 

1684 [DS 2880] But, since it is a matter of that subjection by which in conscience all those Catholics are bound who work in the speculative sciences, in order that they may bring new advantages to the Church by their writings, on that account, then, the men of that same convention should recognize that it is not sufficient for learned Catholics to accept and revere the aforesaid dogmas of the Church, but that it is also necessary to subject themselves to the decisions pertaining to doctrine which are issued by the Pontifical Congregations, and also to those forms of doctrine which are held by the common and constant consent of Catholics as theological truths and conclusions, so certain that opinions opposed to these same forms of doctrine, although they cannot be called heretical, nevertheless deserve some theological censure. (Henry Denzinger and Karl Rahner, The Sources of Catholic Dogma [trans. Roy J. Deferrari; St. Louis, Miss.: B. Herder Book Co., 1954], 426-28)

 

 

To Support this Blog:

 

Patreon

Paypal

Venmo

Amazon Wishlist

Email for Amazon Gift card: ScripturalMormonism@gmail.com

Email for Logos.com Gift Card: IrishLDS87@gmail.com

Blog Archive