Sect. 32General CouncilsGeneral Councils
I. The Pope, speaking ex cathedra, is infallible independently of the consent of the subordinate members of the Teaching Body. On the other hand, the whole of the Bishops apart from the Pope cannot pronounce an infallible judgment. The Pope, however, can assemble the Bishops and constitute them into a tribunal which represents the Teaching Body more efficiently than the Pope alone. Their judgments given conjointly with his are the most complete expression of the Teaching Body. This assembly is termed a Universal or Ecumenical Council. It is not an independent tribunal superior to the Pope. It must be convened by him, or at least with his consent and co-operation; all the Bishops of the Church must be commanded, or at least invited to attend; a considerable number of Bishops must be actually present, either personally or by deputy; and the assembled prelates must conduct their deliberations and act under the direction of the Pope or his legates. Some of the Councils styled ecumenical do not, however, fulfil all of these conditions. The First and Second Councils of Constantinople are well-known instances. But these Councils were not originally considered as ecumenical except in the sense of being numerously attended, or on account of the ambition of the Patriarchs. It was only in the sixth century, some time after the Creed of the First Council of Constantinople had been adopted at Chalcedon, that this Council was put on a level with those of Nicæa, Ephesus, and Chalcedon. Similar remarks apply to the Second Council of Constantinople. See Hefele vol. i., p. 41, and vol. ii., § 100.
It may seem strange that none of the early Western Councils, although presided over by the Roman Pontiff and accepted by the whole Church, received the title of Ecumenical. This, however, may be easily accounted for. The Western Councils only represented the Roman patriarchate, and consequently their authority was identical with that of the Holy See. Moreover, before the Great Schism the notion of a General Council was that of a co-operation of the East with the West: in other words, of the other patriarchates with the patriarchate of Rome. The Eastern Bishops attended personally, whereas the Pope and the Western Council sent deputies. Thus a Council, although meeting in the East, was really composed of representatives of the whole Church. The later Councils held in the West were far more conformable to the theological notions already given, because the entire, episcopate was convened in one place, by express command, not by mere invitation, and the body of the Bishops acted on the strength of their Divine mission, no distinction being made in favour of patriarchs or metropolitans, or other dignitaries.
II. Councils, when defining a dogma, perform a double function: they act as witnesses and as judges. The cooperation of the Pope is especially required as supreme judge. Care must be taken not to lay too much stress on the function of witnessing, lest the importance of the papal co-operation be unduly minimized and the true notion of a council be distorted. It is true, indeed, that many expressions of the Fathers of the fourth century concerning the Council of Nicæa seem to insist almost exclusively on the witnessing function. We must, however, remember that this Council was the first of the General Councils, and that under the then existing circumstances an appeal to the solemn testimony of so many Bishops was the best argument against the heretics. The subsequent Councils, especially the Councils of Ephesus and Chalcedon, followed quite a different line of action. Stress was there laid upon the judicial function, and consequently upon the influence of the Roman Pontiff and the various grades of hierarchical jurisdiction.
III. The special object of General Councils is to attain completely and perfectly the ends which particular councils can attain only partially and imperfectly. In relation to the Pope’s judgment, which is in itself a complete judgment, the object of General Councils is (1) to give the greatest possible assistance to the Pope in the preparation of his own judgment by means of the testimony and scientific knowledge of the assessors; (2) to give the Papal definition the greatest possible force and efficacy by the combined action and sentence of all the judges; and (3) to help the Pope in the execution and enforcement of his decisions by the promulgation and subsequent action of the assembled judges. The co-operation of the Council brings the testimony and the judicial power of the whole Church to bear upon the decision of the Pope.
IV. The action of General Councils essentially consists in the co-operation of the members with their Head. To the Pope therefore belongs the authoritative direction of all the proceedings of the Council. He can, if he chooses to exercise his right, determine what questions shall be dealt with and the manner of dealing with them. Hence no decision is legitimate if carried against his will or without his consent. Even a decision accepted by his legates, without an express order from him, is not absolutely binding. On the other hand, no decision is unlawful or void on account of a too extensive use of the papal right of direction, because in such a case the restriction of liberty is caused by the internal and legitimate principle of order, not by external and illegitimate pressure. The decision would not be illegitimate even if, as in many of the earlier Councils, and indeed in all Councils convoked for the purpose of promulgating and enforcing already existing papal decisions, the Pope commanded the acceptance of his sentence without any discussion. At most, the result of this pressure would affect the moral efficiency of the Council. On the other hand, the forcible expulsion of the papal legates from the “Latrocinum” (Council of Bandits) at Ephesus was rightly considered by the Catholics as a gross violation of the liberty of a Council. The sentence of the majority, or even the unanimous sentence, if taken apart from the personal action of the Pope, is not purely and simply the sentence of the entire Teaching Body, and therefore has no claim to infallibility. Such a sentence would not bind the absent Bishops to assent to it, or the Pope to confirm it. Its only effect would be to entitle the Pope to say that he confirms the sentence of a council, or that he speaks “with the approval of the Sacred Council” (sacro approbante concilio).
The Vatican Council, even in the Fourth Session, may be cited as an instance of a Council possessing in an eminent degree, not only the essential elements, but also what we may call the perfecting elements. The number of Bishops present was the greatest on record, both absolutely and in proportion to the number of Bishops in the world; the discussion was most free, searching, and exhaustive; universal tradition, past and present, was appealed to, not indeed as to the doctrine in question itself, but as to its fundamental principle, which is the duty of obedience to the Holy See and of conformity to her Faith; absolute unanimity prevailed in the final sentence, and an overwhelming majority even in the preparatory judgment.
The decrees of the General Councils may be found in the great collections of Labbe, Hardouin, Mansi, Catalani; the more important decrees are given in Denzinger’s Enchiridion.
I. The Pope, speaking ex cathedra, is infallible independently of the consent of the subordinate members of the Teaching Body. On the other hand, the whole of the Bishops apart from the Pope cannot pronounce an infallible judgment. The Pope, however, can assemble the Bishops and constitute them into a tribunal which represents the Teaching Body more efficiently than the Pope alone. Their judgments given conjointly with his are the most complete expression of the Teaching Body. This assembly is termed a Universal or Ecumenical Council. It is not an independent tribunal superior to the Pope. It must be convened by him, or at least with his consent and co-operation; all the Bishops of the Church must be commanded, or at least invited to attend; a considerable number of Bishops must be actually present, either personally or by deputy; and the assembled prelates must conduct their deliberations and act under the direction of the Pope or his legates. Some of the Councils styled ecumenical do not, however, fulfil all of these conditions. The First and Second Councils of Constantinople are well-known instances. But these Councils were not originally considered as ecumenical except in the sense of being numerously attended, or on account of the ambition of the Patriarchs. It was only in the sixth century, some time after the Creed of the First Council of Constantinople had been adopted at Chalcedon, that this Council was put on a level with those of Nicæa, Ephesus, and Chalcedon. Similar remarks apply to the Second Council of Constantinople. See Hefele vol. i., p. 41, and vol. ii., § 100.
It may seem strange that none of the early Western Councils, although presided over by the Roman Pontiff and accepted by the whole Church, received the title of Ecumenical. This, however, may be easily accounted for. The Western Councils only represented the Roman patriarchate, and consequently their authority was identical with that of the Holy See. Moreover, before the Great Schism the notion of a General Council was that of a co-operation of the East with the West: in other words, of the other patriarchates with the patriarchate of Rome. The Eastern Bishops attended personally, whereas the Pope and the Western Council sent deputies. Thus a Council, although meeting in the East, was really composed of representatives of the whole Church. The later Councils held in the West were far more conformable to the theological notions already given, because the entire, episcopate was convened in one place, by express command, not by mere invitation, and the body of the Bishops acted on the strength of their Divine mission, no distinction being made in favour of patriarchs or metropolitans, or other dignitaries.
II. Councils, when defining a dogma, perform a double function: they act as witnesses and as judges. The cooperation of the Pope is especially required as supreme judge. Care must be taken not to lay too much stress on the function of witnessing, lest the importance of the papal co-operation be unduly minimized and the true notion of a council be distorted. It is true, indeed, that many expressions of the Fathers of the fourth century concerning the Council of Nicæa seem to insist almost exclusively on the witnessing function. We must, however, remember that this Council was the first of the General Councils, and that under the then existing circumstances an appeal to the solemn testimony of so many Bishops was the best argument against the heretics. The subsequent Councils, especially the Councils of Ephesus and Chalcedon, followed quite a different line of action. Stress was there laid upon the judicial function, and consequently upon the influence of the Roman Pontiff and the various grades of hierarchical jurisdiction.
III. The special object of General Councils is to attain completely and perfectly the ends which particular councils can attain only partially and imperfectly. In relation to the Pope’s judgment, which is in itself a complete judgment, the object of General Councils is (1) to give the greatest possible assistance to the Pope in the preparation of his own judgment by means of the testimony and scientific knowledge of the assessors; (2) to give the Papal definition the greatest possible force and efficacy by the combined action and sentence of all the judges; and (3) to help the Pope in the execution and enforcement of his decisions by the promulgation and subsequent action of the assembled judges. The co-operation of the Council brings the testimony and the judicial power of the whole Church to bear upon the decision of the Pope.
IV. The action of General Councils essentially consists in the co-operation of the members with their Head. To the Pope therefore belongs the authoritative direction of all the proceedings of the Council. He can, if he chooses to exercise his right, determine what questions shall be dealt with and the manner of dealing with them. Hence no decision is legitimate if carried against his will or without his consent. Even a decision accepted by his legates, without an express order from him, is not absolutely binding. On the other hand, no decision is unlawful or void on account of a too extensive use of the papal right of direction, because in such a case the restriction of liberty is caused by the internal and legitimate principle of order, not by external and illegitimate pressure. The decision would not be illegitimate even if, as in many of the earlier Councils, and indeed in all Councils convoked for the purpose of promulgating and enforcing already existing papal decisions, the Pope commanded the acceptance of his sentence without any discussion. At most, the result of this pressure would affect the moral efficiency of the Council. On the other hand, the forcible expulsion of the papal legates from the “Latrocinum” (Council of Bandits) at Ephesus was rightly considered by the Catholics as a gross violation of the liberty of a Council. The sentence of the majority, or even the unanimous sentence, if taken apart from the personal action of the Pope, is not purely and simply the sentence of the entire Teaching Body, and therefore has no claim to infallibility. Such a sentence would not bind the absent Bishops to assent to it, or the Pope to confirm it. Its only effect would be to entitle the Pope to say that he confirms the sentence of a council, or that he speaks “with the approval of the Sacred Council” (sacro approbante concilio).
The Vatican Council, even in the Fourth Session, may be cited as an instance of a Council possessing in an eminent degree, not only the essential elements, but also what we may call the perfecting elements. The number of Bishops present was the greatest on record, both absolutely and in proportion to the number of Bishops in the world; the discussion was most free, searching, and exhaustive; universal tradition, past and present, was appealed to, not indeed as to the doctrine in question itself, but as to its fundamental principle, which is the duty of obedience to the Holy See and of conformity to her Faith; absolute unanimity prevailed in the final sentence, and an overwhelming majority even in the preparatory judgment.
The decrees of the General Councils may be found in the great collections of Labbe, Hardouin, Mansi, Catalani; the more important decrees are given in Denzinger’s Enchiridion.
Seção 11% da obra, de A Manual of Catholic Theology (Wilhelm & Scannell, sobre a Dogmatik de Scheeben). Ver o original.