Folia Theologica 22. (2011)
Juhász Gábor Tamás: Equality and Inequality of "Christ's Faithful" from a Perspective of Philosophy and Theology of Canon Law
166 Gábor Tamás JUHÁSZ Because "Christ's faithful" according to can. 204 § 1 participate in the priestly, prophetic and royal powers of Christ, which gives some reason to analyse the comprehension of this threefold power and office relating it to the clerics and the laity respectively. The priestly power of a cleric, according to the Council of Trent, extends first of all and specifically to the bloodless renewal of Christ's sacrifice on the cross in the celebration of the Mass. The fullness of the prophetic power, according to the teaching of Vatican Council I, means the infallibility of Peter's successor, the pope, in case he speaks ex cathedra, that is a) for the whole Church, b) as supreme pontiff, c) in matters of faith and morals d) irrevocably defining a teaching (i.e. Mt 16:18).13 14 The prophetic (teaching) power of the pope and the bishops is potestas propria. Together they form the "teaching Church". The priests and deacons receive the prophetic power from their commission as a potestas delegata.u The fullness of the royal power (power of governance) according to the First Vatican Council means the proper, ordinary and immediate governing power (potestas propria, ordinaria et immediata, potestas regiminis) of the pope (legislative and applicative) for the whole Church, not only for one diocese or other Particular Church, like the diocesan bishops. Obviously, there is still the fundamental classification of power within the canonical system: potestas vicaria, potestas delegata (delegata a iure or a homine)', and based on their function we can call them potestas legislative, potestas iudicialis, and potestas executiva. The local ordinary - diocesan bishop and every other person who recognized by the Church as equal to him (i.e. CIC can. 134 § 2) - within his territory or over his own entrusted faithful has proper ordinary power. Moreover, to supervise the fulfilling of teaching mission of the Church within his territory, he has authorization even to control the so called "exempt" communities too (i.e. communities if consecrated life and apostolic institutions with pontifical rights).15 13 Concilium Vaticanum I, Sessio IV (18 iul. 1870), Constitutio dogmatica prima de ecclesia Christi, COD 811-812. 14 Michiels, G., Normae generales juris canonici (Commentarius libri I Codicis Juris Canonici), I. Parisiis - Tornád - Romae 1949. 163-166. 15 Erdő, P., Ministerium, munus et officium in CIC, in Periodica 78 (1989) 411-436.
