Sect. 30Definitions and Judicial Decisions Considered GenerallyDefinitions and Judicial Decisions Considered Generally

The chief rules of Catholic belief are the definitions and decisions of the Church. Before we study them in detail, it will be well to treat of the elements and forms more or less common to them all.

I. Definitions and decisions are essentially acts of the teaching power, in the strictest sense of the word; acts whereby the holder of this power lays down authoritatively what his subjects are bound to accept as Catholic doctrine or reject as anti-Catholic. Hence, as distinguished from other acts of the Teaching Apostolate, they are termed decrees, statutes, constitutions, definitions, decisions concerning the Faith. In the modern language of the Church, “Definition” means the positive and final decision in matters of Faith (dogmas), and “Judgment” means the negative decision whereby false doctrines are condemned (censures). The wording of definitions is not restricted to any particular form. Sometimes they take the form of a profession of Faith: “The Holy Synod believeth and confesseth;” at other times they take the form of a declaration of doctrine, as in the “chapters” of the Council of Trent and the Vatican Council, or of canons threatening with “anathema” all who refuse to accept the Church’s teaching.

II. The general object of authoritative decisions in doctrinal matters is to propose dogmas in clear and distinct form to the Faithful, and thereby to promote the glory of God, the salvation of souls, and the welfare of the Church. Sometimes, however, there are certain specific objects; e.g., (1) to remove existing doubts. The definitions of the Immaculate Conception and the Infallibility of the Pope are cases in point. (2) To condemn criminal doubts prevailing against dogmas already defined, e.g. the case of the five propositions of Jansenius. (3) To prevent future doubts and to confirm the Faith of the weak. In this case, as in the preceding, the new definition takes the form of a confirmation or renewal of a former definition. Thus the Vatican Council, at the end of its first constitution, insists upon the duty of conformity to the doctrinal decision of the Holy See. The question of the “Opportuneness” of a definition must be decided by the judges themselves. Under certain circumstances they may withhold or postpone a definition in order to avoid greater evils, as in the case of the Gallican doctrines. Once the definition is given, there can be no further question as to its opportuneness. The Holy Ghost, who assists in making the definition, also assists in fixing its time.

III. Authoritative definitions and decisions can emanate only from the holders of the teaching power in the Church. Learned men and learned societies, such as universities, may publish statements of their views, and may thus prepare the way for a dogmatic definition. These statements may even have greater weight than the decisions of individual bishops. Nevertheless they are merely provisional, and stand to the final judgment in the relation of a consulting vote. Hence the importance of acting in conjunction with the Holy See. Even from the earliest times it has been the rule to refer to Rome the more important questions of Faith, and in recent times bishops and local (as opposed to general) councils have been ordered not to attempt to decide doubtful questions, but only to expound and enforce what has already been approved.

Each holder of the teaching power can judge individually, except those whose power is only delegated, and those who by reason of their functions are bound to act in concert; as, for instance, the Cardinals in the Roman Congregations. Still, it follows from their office, and it has always been the practice of the Church, that the Bishops, as inferior judges, should judge collectively in synods and councils, except when they act simply as promulgators or executors of decisions already given. The Pope, the supreme and universal judge, is subject to no other judges or tribunals, but all are subject to him. Matters of general interest (causæ communes) or of great importance (causæ majores) are of his cognizance. He is the centre of unity, and he possesses, in virtue of his sovereign power, a guarantee of veracity which does not belong to individual Bishops. But before coming to any decision he is bound to study the Sources of Faith, and to consult his advisers either individually or collectively. He may, nay sometimes he must allow his ordinary and extraordinary counsellors to act as subordinate colleges of judges, whose decisions he afterwards completes by adding his own. He may also place himself at the head of these various colleges, so that the members become his assessors. “The bishops of the whole world sitting and judging with us,” says the Proœmium of the first constitution of the Vatican Council. The same council also enumerates the various ways in which the Popes prepare their definitions: “The Roman Pontiffs, according as circumstances required,—at one time, by summoning ecumenical councils, or by ascertaining the opinion of the Church dispersed over the world; at another time, by means of local synods, or again by other means—have defined that those things are to be held which they have found to be in harmony with the Sacred Writings and Apostolical Traditions” (sess. iv., chap. 4).

IV. Dogmatic definitions being judicial acts presuppose an investigation of the case (cognitio causæ). If this is not made, the judge acts rashly, but the judgment is binding. When the authority of the judge is not supreme, and consequently the presumption in favour of the justice of the judgment is not absolute, a statement of the reasons may be necessary, and an examination of them may be permitted. Sometimes even the highest authority states his reasons for coming to a decision, but he does this merely to render submission easy. As regards the manner of conducting the investigation of the case, it should be noted that an examination of the Sources of Faith and the hearing of witnesses, although integral portions of the judicial functions, are not always necessary. When an already-defined doctrine has only to be enforced these processes may be dispensed with. However, even in this case, they may be advisable, so as to remove all suspicion of rashness or prejudice, and to enable the judges to affirm that they speak of their own full knowledge (ex plena et propria cognitione causæ).

Although doctrinal definitions are always supported by strong arguments, their binding force does not depend on these arguments but upon the supernatural authority of the judges, in virtue of which they are entitled to say, “It hath seemed good to the Holy Ghost and to us.” In the case of individual judges the Divine guarantee depends upon the legitimacy of their appointment; in the case of councils or other bodies of judges it depends upon the legitimacy of their convocation. Hence the expression, “The synod lawfully assembled in the Holy Ghost (In Spiritu Sancto legitime congregata).” We must, however, remember that the Divine guarantee is perfect only when final decisions for the universal Church are given. In other cases it is merely presumptive, and this presumption is not sufficient to make the judgment infallible or to exact unconditional submission. The formula, “It hath seemed good to the Holy Ghost and to us,” does not necessarily imply that the accompanying judgment is infallible. The authority of the judgment depends upon the rank of the judge. Inferior ecclesiastical judges as a rule ask the Pope to ratify their decisions, or they add the qualification, “Saving the judgment or under correction of the Apostolic See (salvo judicio, sub correctione Sedis Apostolicæ).” Hence no process is complete and final until the Holy See has given its judgment.

We shall now examine the various sources of Decisions and Judgments.