Preliminary Note of Explanation

The Commission has decided to preface the assessment of the Modi with the following general observations.

For the same reason, the words "Ordo" or "Corpus" are used throughout with reference to the College of bishops. The parallel between Peter and the rest of the Apostles on the one hand, and between the Supreme Pontiff and the bishops on the other hand, does not imply the transmission of the Apostles' extraordinary power to their successors; nor does it imply, as is obvious, equality between the head of the College and its members, but only a pro-portionality between the first relationship (Peter-Apostles) and the second (Pope-bishops). Thus the Commission decided to write "pari ratione, " not "eadem ratione," in n. 22. Cf. Modus 57.

In his consecration a person is given an ontological participation in the sacred functions [lmunera]; this is absolutely clear from Tradition, liturgical tradition included. The word "functions [munera]" is used deliberately instead of the word "powers [potestates]," because the latter word could be understood as a power fully ready to act. But for this power to be fully ready to act, there must be a further canonical or juridical determination through the hierarchical authority. This determination of power can consist in the granting of a particular office or in the allotment of subjects, and it is done according to the norms approved by the supreme authority. An additional norm of this sort is required by the very nature of the case, because it involves functions [munera] which must be exercised by many subjects cooperating in a hierarchical manner in accordance with Christ's will. It is evident that this "communion" was applied in the Church's life according to the circumstances of the time, before it was codified as law.

For this reason it is clearly stated that hierarchical communion with the head and members of the church is required. Communion is a notion which is held in high honor in the ancient Church (and also today, especially in the East). However, it is not understood as some kind of vague disposition, but as an organic reality which requires a juridical form and is animated by charity. Hence the Commission, almost unanimously, decided that this wording should be used: "in hierarchical communion." Cf. Modus 40 and the statements on canonical mission (n. 24).

The documents of recent Pontiffs regarding the jurisdiction of bishops must be interpreted in terms of this necessary determination of powers.

It is clear throughout that it is a question of the bishops acting in conjunction with their head, never of the bishops acting independently of the Pope. In the latter instance, without the action of the head, the bishops are not able to act as a College: this is clear from the concept of "College." This hierarchical communion of all the bishops with the Supreme Pontiff is certainly firmly established in Tradition.

N.B. Without hierarchical communion the ontologico-sacramental function [munus], which is to be distinguished from the juridico-canonical aspect, cannot be exercised. However, the Commission has decided that it should not enter into question of liceity and validity. These questions are left to theologians to discuss-specifically the question of the power exercised de facto among the separated Eastern Churches, about which there are various explanations."

+ PERICLE FELICI
Titular Archbishop of Samosata
Secretary General of the Second Vatican Ecumenical Council