Necessity of Canonical Fitness in the Ordination of a Lay Pope

Transcription

1 Necessity of Canonical Fitness in the Ordination of a Lay Pope Copyright 2006, T. Stanfill Benns In the book, Will the Catholic Church Survive the 20 th Century, a method of papal election in these unsettled times is deduced from the laws governing similar cases (the election of bishops and chapter heads, particularly the devolution principle mentioned in Can. 178) and the election law of Pope Pius XII. Already in the 13 th century, basing their reasoning on Pope Nicholas II's election law, canonists writing at the time had arrived at the opinion that a man elected who was not consecrated bishop, before his coronation, would receive supreme jurisdiction over the universal Church upon his acceptance of the election. In the 14 th century, canonists taught that a mere layman elected Pope would have the power of jurisdiction from the moment he accepted the election. 1 These canonists also reasoned as they did from the laws governing the election of bishops. Their canonical work provided the foundation for papal election law in the 20 th century. The election law of Pope Pius XII was used in the election of Pope Michael July 16, 1990 wherever possible. Given the lack of cardinals and clergy, the law of Pope Nicholas II restricting elections to cardinals but allowing for election in an emergency, also Can. 20 was used to permit the laity (including women), to elect a Pope in such an extreme necessity only. As the creator of this election law, Pope Pius XII, in a 1957 address, defined the terms of his own law in accordance with Can. 17 where the election of a layman is concerned. He stated: Even if a layman were elected Pope, he could accept the election only if he were fit for ordination and willing to be ordained. But the power to teach and govern, as well as the charism of infallibility, would be granted to him from the very moment of his acceptance, even before his ordination. 2 This law provides papal powers to a duly qualified lay pope-elect from the time he accepts election until his ordination. Since Pope Pius XII interpreted his own law in this manner, no one has examined the full implication of what his definition of terms truly means. Now the papal election laws are considered only ecclesiastical in origin, hence they have been subject to change over the centuries. And yet it seems that little has been written governing the election of laymen, per se, other than these guidelines provided by Pope Pius XII, and the previous writings of the canonists in medieval times. Canon 17 teaches: The authoritative interpretation of the law given in the form of law has the same force as the law itself If the interpretation restricts or extends the original law it must be promulgated to be binding. 3 Canon 9 states that a law ordinarily is promulgated when it appears in the Acta Apostolica Sedis, the Church s official organ of publication. But it does allow that in a particular case(s), another mode of promulgation [may be] prescribed. Generally a human or ecclesiastical 1 A Study of the Juridic Status of Laymen in the Writings of the Medieval Canonists, Rev. Ronald J. Cox, The Catholic University of America Press, Six ans se sont, address to the World Congress for the Lay Apostolate, Oct. 5, All Canon Law quotes are taken from A Practical Commentary on the Code of Canon Law, by Revs. Stanislaus Woywod and Callistus Smith,

2 law is considered such whenever it is clear that it is a) an ordinance of reason, b) made for the common good, c) by one who has care for the community and d) promulgated or made known to the governed. The first three conditions obviously have been fulfilled. The question remains then, did Pope Pius XII promulgate this law? It appears that he did, given the tenor of his address. The crowd he addressed was universal in nature (this was a World Congress of the Lay Apostolate, consisting in 2,300 lay apostolate leaders from all over the world) and the Pope mentions in his address the presence of cardinals, bishops, priests and prominent laymen from more than 80 nations. He very carefully defines the role of lay Catholics working in the apostolate, being careful to distinguish them from the hierarchy. He details their contributions, the traits they must exhibit for a successful apostolate and their duties to the Church as lay apostles. Clearly he wished to dispel mistaken notions and lay down proper teaching in this matter. The address was printed in French in Osservatore Romano, the Vatican s official newspaper; A National Catholic Welfare Conference publication in the U.S.; The Pope Speaks, Vol. IV; Rev. Morrow s My Catholic Faith catechism, and also is mentioned in Rev. Cox s work. 4 This is only the known mention of this address, as other publications may have quoted it as well. What is interesting about Pope Pius XII s comment on papal election law in this address is that it is made precisely to those who would be most likely to remember it and apply it, should the occasion arise. This in itself seems to indicate that he wished the distinction to be made especially to those who might have need of it in the future. Given only a year before his death, it is unlikely that this speech received great attention from the canonists. Two other canons also must be mentioned here. Canon 22 reads: A more recent law, given by competent authority, abrogates a former law if it readjusts the entire subject matter of the former law. Now the entire matter of Pope Pius XII s papal election law was not readjusted by his later law expressed to the Lay Congress, only that part that pertained to the election of a layman. And yet the consideration of an actual dogmatic fact is at stake here whether a layman not fit to become a priest can accept the papacy. This would seem, then, to affect the whole law, which was written precisely to secure the canonical election of a Pope. Rev. Amleto Cicognani writes: In such case, though the legislator does not expressly declare himself, still it is otherwise sufficiently clear that he intends to readjust the entire subject matter of the former law. 5 Revs. Woywod-Smith commented as follows on this canon: Such a new general law can only be made by the Holy See. It abolishes a former law [only] if it explicitly declares the former law abolished. Pope Pius XII s election law stands, but his 1957 address has adjusted the subject matter. Canon 23 resolves any question concerning subject matter, for it states that More recent laws are to be, as far as possible, reconciled with the former laws so that one may supplement and not contradict the other. Pope Pius XII s later amendment of his own law is easily reconciled with his papal election law. 4 Ibid 5 Canon Law,

3 Worthy priestly candidates But how do his words affect us today? What renders a man fit for ordination according to Canon Law? The laws governing the fitness of candidates for ordination are found in Cans Latin is to be the primary subject studied in the seminary during the seminarians entire course of study. No one is to be admitted to the study of philosophy (a mandatory two years) or theology (a mandatory four years) without the mastery of Latin, (Woywod-Smith s commentary on Pope Pius XI s instruction concerning seminaries, contained under Can. 1366). Canon Law, Holy Scripture, Church history, catechesis, psychology also Gregorian chant, liturgy, and church music must be studied. These authors state however, after listing the various subjects to be pursued, But still more is there need of a spiritual director who shall devote all his time to the things of God and the care of the soul His duty is to know the life and character of the seminarians so as to be able to give them prudent and safe advice regarding their vocation. In private conversation and in conferences he must teach them the dignity, the office and the duties of the priesthood of Christ. So spiritual guidance is considered even more important to the seminarian than the acquisition of knowledge. Pope Pius XII wrote the year before his address to the Lay Congress: The first place in the program of [priestly] formation must be given to supernatural sanctification of the soul. If the words of the Apostle, For this is the will of God, your sanctification, 6 apply to all Christians, they bind all the more one who not only has received the priesthood, but has made a public profession of his resolve to pursue evangelical perfection; one whose office has so constituted him an instrument for the sanctification of others that the salvation of souls and the spread of God s kingdom depend in large measure upon his holiness. 7 This Dom Chautard also observed. Should the conduct of one in the ministry no longer correspond to what is expected of him, then his work, no matter how cleverly it may be carried on, is injured and is perhaps doomed to ruin past recovery In all things show thyselves an example of good works. 8 Pope Leo XIII said: The absolutely necessary condition for true zeal and the best pledge for success is pureness and holiness of life. And Pope Pius X said: If the mind is not guided by a rule of life that is truly holy and Christian, it will be difficult to induce others to a Godly life. 9 And in his encyclical Menti Nostrae, addressed to the clergy of the entire world, Pope Pius XII taught: In undertaking and advancing in the spiritual life do not trust too much to yourselves, but with docile simplicity seek out and accept the help of someone who can guide your soul, point out to you the dangers, suggest suitable remedies and guide you toward an ever greater perfection. 6 Phil 4: 8 7 Sedes Sapentiae, May 31, This encyclical bears all the necessary marks of infallibility: We determine and decree, after mature deliberation, with clear knowledge and with the fullness of Our Apostolic Authority, that these norms concerning each of the phrases of this important subject be observed by all whom they concern. And how much more does it bind one who has assumed the papacy and must be prepared to be ordained a priest and consecrated a bishop! 8 Titus 2:7 9 The Soul of the Apostolate 3

4 Defining priestly fitness Requisites for ordination are found under Cans Canon 973 reads, in part, The bishop shall not confer major orders on anyone unless from positive signs he is morally certain [certain from positive proofs Woywod-Smith] of canonical fitness; otherwise he not only sins very grievously, but also places himself in danger of sharing in the sins of others. 10 Woywod-Smith comment on this canon: The Council of Trent already ruled that the bishop should receive into the seminary only those whom one could reasonably foresee that they would persevere in the service of God and the Church The Code here demands that the candidate for sacred orders give positive proof of having the required qualifications positive evidence of conduct, mental ability and general fitness. The Code here endorses the practically unanimous opinion of theologians. Most writers thus hold that a candidate is not to be admitted to sacred orders if his fitness is doubtful, and the Code confirms this opinion Canon 974 requires the reception of confirmation, canonical age and due knowledge, among other requirements (not pertinent to this discussion). Here we must quote the theologian Rev. Jean-Marie Herve on unworthy candidates: In the Sacrament of Holy Orders, the public good demands that the unworthy applicant even if he be secret, be repelled even though his offense cannot be juridically proved. In this case the reception of the Sacrament is considered inferior in worth to the worthy exercise of the sacred functions and the public good of the Church. According to Pesch: He who trenches on a public good thereby loses his right to a private good if the public good cannot effectively be defended without injury to the latter. 11 Canons treat the manner in which seminaries are operated. These canons order seminary directors to imbue seminarians with the ecclesiastical spirit, and inculcate habits of politeness hygiene cleanliness in person and dress, courtesy, moderation and gravity. Canon 1370 demands that whenever students receive instruction outside the seminary, they shall be entrusted to the care and surveillance of a pious and capable priest, (Can. 970). Canon 1371 states that Disorderly, incorrigible or seditious students, and those who because of their character or temperament do not seem suitable candidates for the clerical state, shall be dismissed from the seminary. Students who progress so slowly in their studies that there is not much hope that they will acquire sufficient learning shall also be dismissed. If a seminarian should be guilty of an offense against good morals or the faith, he shall be summarily discharged. Again from Sedes Sapientiae, Pope Pius XII teaches: For it is obvious that those who aspire to exercise the priestly ministry in the state of perfection, and for whose benefit these norms are being laid down, must possess every quality necessary to constitute this many-sided vocation, religious, priestly and apostolic. Hence, they must be endowed with all the gifts and talents that are judged essential to the fulfillment of so high a service of God. After instructing those responsible in any way for the training of religious to impart such formation in an organized and gradated manner, Pius says: Thus the supernatural training, whether for the religious life or the priesthood, will be based on the 10 The text of this canon is taken from Pope Pius XI s ad Catholici Sacerdoti, Sacraments, Dogmatic Theology, Vol. I 4

5 solid foundation of natural integrity and refined personality. 12 Surely men will find the way to serve Christ more easy and inviting to the extent that they see in the person of the priest the goodness and kindness of God Our Savior. 13 Covering all the essential points found in Can. 1369, he continues: Those who are to be ministers and apostles of Christ will be able to administer the sacraments well, to actively promote the good of souls, and to benefit all to whom they minister in word and deed They will display in all their words and works a supernatural prudence united with evangelical simplicity, a humble abnegation of self a firm trust in God and a keen sense of duty, manly enterprise in assuming tasks, constancy in purpose in accomplishing these undertakings, persevering fidelity in doing their duty, great courage in enduring and doing heroic things and, finally, a Christian affability and courtesy that will draw all men to them. Already we have read Pope Pius XII s expectations for spiritual formation of priests. We have read enough of Sedes Sapientiae, then, to know what Pope Pius XII meant by fitness for ordination. The Holy See defines vocation What was the obligation, then, for one who wished to become a priest in the 1970s to the present? Pope Pius XII taught that there are two essential elements to a vocation, one divine, the other ecclesiastical. As to the first element, God s call to embrace the priestly life must be considered so necessary that in its absence the foundation upon which the whole structure is to rest is absent The religious and priestly vocation [is] divine, since it is invested with a sublime dignity and adorned with so many natural and supernatural gifts. Pius XII then defined the word vocation from Pope St. Pius V s Roman Catechism as follows: They are said to be called by God who are called by the lawful ministers of the Church. Far from contradicting what we have said concerning God s call, this position is actually in close agreement with it. For by a divine vocation to the religious and clerical state, a person undertakes publicly to lead a life of holiness in the Church, a visible and hierarchical society, and to exercise this hierarchical ministry. Such a person, therefore, ought to be authoritatively tested, approved and directed by the hierarchical rulers to whom God has entrusted the administration of the Church. 14 Undoubtedly in writing these words, Pope Pius XII was factoring into his constitution the decision of the Holy See on this matter issued in This decision is summarized by Woywod-Smith in their commentary on Can. 971: Not every man has a strict right to ordination, for the bishop is free to choose whom he pleases from the qualified candidates, as the Holy See decided [in 1912] The Holy See approved the contention of Can. Lahitton that the sacerdotal vocation does not necessarily consist in a certain internal aspiration of the candidate or in invitations of the Holy Ghost, but that nothing further is required in the candidate than that the bishop legitimately calls him, and that he has given proof of his proper qualifications and has the right intention in accepting the 12 In providing spiritual direction, Rev. Hugo Doyle, Rev. Tanquerey, Rev. Meyer, S.J. and many others stress the use of the various personality types and character development based on the evaluation of these types as a tool to achieving perfection. The use of the four basic temperaments as an aid to spiritual direction can be traced to early Christianity. 13 Titus 3: 4 14 Sedes Sapientiae,

6 call of the bishop. The possession of the proper qualifications with the bishop s call is sufficient presumption of the divine vocation. We have the call of a bishop. What we do not have is proof of qualifications and fitness. Two distinct acts The method for electing a lay Pope was explained at length in Will the Catholic Church Survive the 20 th Century? in 1990, although fitness for ordination was not considered in relation to a lay pope in this work. The election of a layman as Pope and the ordination of a layman as priest are two distinct and separate acts. Canon 19 as explained by Rev. Cicognani best explains the distinction of these acts: Laws which decree a penalty, or restrict the free exercise of one s rights, or establish an exemption from the law, must be interpreted in a strict sense. Rev. Woywod states in his commentary on Can. 19 that this class of law is considered odious and must be interpreted strictly. It is a recognized principle of legislation to favor the universal or common law and to discourage exceptions. Rev. Amleto Cicognani writes concerning the second sort of law restricting one s rights: Laws which restrict the free exercise of one s rights are invalidating and disqualifying laws. 15 That ordination is a Sacrament that gives many rights to those ordained is without question. A layman could accept election only if he were fit for ordination; this is a restriction of the pope-elect s right to assume the office. As such it is an invalidating and disqualifying law; if it cannot be obeyed then the one elected cannot accept. And yet it cannot be obeyed in the absence of valid clergy to ordain. Pope Pius XII s farsightedness, however, most likely did not encompass the prospect of no valid clergy or truly Catholic seminaries. Nor is it likely that he believed a lengthy time period would elapse between the election of a layman and his ordination. But given the fact that an only partially fit Pope could possibly be elected owing to a lack of any candidates not heretics or schismatics, it is certain he would have agreed that the higher law must be followed and the Church supplied with a true Pope. This is clearly Pius XII s mind as expressed in Mystici Corporus Christi. From previous proofs it appears that in a case where ordination is indefinitely unavailable and only a partially fit man is elected to the papacy, he would still be validly elected Pope. This is true because he is the most qualified man available and the only man willing to provide the Church with a head; this was proven in the 1990 work cited above. In this case, the third provision of Can 19 would validate the election of a layman as an exception to the papal election law, which usually allows only the election of cardinals to the papacy. Cicognani writes: Those laws which favor religion are to be considered favorable rather than odious laws, even though they establish exceptions. The footnote to Can. 19, based on a decision of the Sacred Congregation of Propaganda Fide, July 2, 1827, reads: Laws made in favor of religion are to be considered favorable laws, and consequently are subject to a wider interpretation. These include laws that uphold the public good and morality. Pope Nicholas II, in his law restricting the right of papal election to the Cardinals made an exception for the faithful (and clergy) to elect a Pope in a time of emergency. The faithful have a right to appeal to the Pope and the election of a 15 Canon Law,

7 Pope definitely favors the public good and morality. In a conflict of law, the higher law always prevails. The Church s need for a Pope in order to secure Her very existence far exceeds any personal defect in a candidate, aside from heresy. But this wide interpretation of the law applies only to a layman, not a lay pope who after many years of reigning without receiving Orders suddenly finds a way to be ordained and consecrated. This is especially true when the initial state of unfitness remains unchanged. As Rev. Jean-Marie Herve writes, Where the minister is conceived as a judge, [of the necessary fitness only] he must always first learn the fitness of the applicant. This is the case in Holy Orders, whereby new rights, and they of the greatest moment for the universal Church and the salvation of souls are conferred. 16 Because the law of Pope Pius XII restricts these rights strictly under Can. 19, and because Holy Orders is in a class by itself where conferral is concerned, no conferral of the rite can occur unless fitness is proven. This would be contrary to Pope Pius XII s infallible decree Sedes Sapientiae. And not even a successor can change the infallible laws of his predecessor. Papal election law is ecclesiastical law, but such laws may contain points that, of themselves, must be believed as matters of faith. No one would think of changing or modifying Pius XII s election law to include heretics as papal candidates, for this violates another infallible decree Pope Paul IV s Cum ex Apostolatus Officio. In evaluating Pope Pius XII s 1957 explanation of the papal election law, we must take Can. 21 into consideration, Canon 21 states: Laws enacted for the purpose of guarding against a common danger bind, even when there is no danger. One would think that a Pope would automatically be excluded from any inquiry into fitness for ordination; that such an ordination and consecration would never pose a danger to the Church. In fact one might even be tempted to assume that since such a situation has never occurred before in Church history the election of a lay pope culminating in a long-delayed ordination the law would even cease to bind because it no longer seems to apply. Yet Pope Pius XII certainly believed ordination without inquiry into a candidate s fitness posed a danger, and Can. 21 says that even if no danger is posed, the law still binds. Fitness must be established before a layman can be ordained. We read from Rev. Herve above that ordination of the unfit is a grave danger to the faithful, and Can. 21 was enacted to guard against this danger. As Rev. Cicognani explains under Can. 21, When the end of the law is to avoid a common danger, this danger is not effectively and certainly avoided unless the law binds and obliges all. Moreover, one can easily have hallucinations regarding the cessation of the end of a law, and thus the law would be frustrated. 17 Pope Pius XII had a serious reason for insisting on this amendment to the law as he did, and it is our duty to find that reason. As Dr. Rudolf Allers has observed, wishing to avoid the observance of the order that binds others in order to achieve the desired end indicates a definite disregard of rules recognized by other people; this is tantamount to declaring that these rules do not exist for this one individual or that he is above the rules and above those who observe them The Sacraments, Vol. I 17 Canon Law, Self Improvement 7

8 (Allers psychology texts would probably have been studied by seminarians, since these texts were in general use in Catholic universities at the time, and still are studied today.) The Roman Pontiff is never above the rules, although he can introduce new legislation, abolish merely ecclesiastical laws, interpret the law and issue binding decrees of his own. To disregard Canon Law would be to inspire contempt for the law itself as well as Church teaching. The Pope is bound to safeguard and uphold the laws of his successors and see that they are obeyed. He is not impeccable; he sins like every other man and must go to confession to ask God for forgiveness. For as Cardinal Cajetan wrote: All this power is given to the Pope for no other end than the service of the Church. She is greater than he, not in authority but in worth and nobility. The papacy is for the Church, not the Church for the papacy; the end is always a nobler thing than the means. Cardinal Manning says basically the same thing. Speaking of the mistaken idea of a personal infallibility he wrote: Peter cannot err in faith No Catholic theologian ever held more than this Infallibility [is] a charisma of indefectible faith and truth The word charisma is used not to express a grace which makes the person acceptable in God s eyes, but a grace the benefit of which is for others Lay electors and their duties No seminary officials exist to render testimony concerning fitness; the candidate has never attended a real seminary. There is great concern because the pope-elect is not only being ordained, but consecrated as well. The presiding bishop has known the candidate for less than a year and has little real knowledge of his fitness. If the laity possessed the right to act as papal electors under the laws of devolution applied to religious chapters an act requiring much greater deliberation and far greater responsibility then certainly they have the same right to testify to the fitness of a man to be ordained a priest, since this is the completion of the election as defined by Pope Pius XII. 19 To say otherwise is to call the papal election itself into question. In fact the Church accords them this privilege in the very Rite of Sacred Ordination itself, called the scrutiny, in which members of the laity are required to expose any unfitness in the candidate. The scrutiny cannot be omitted from the sacred rite of ordination. Canon 1002 states: The minister, in conferring any of the Orders, must observe the proper rites described in the Roman Pontifical and other liturgical books, which for no reason may be changed or inverted. The text of the scrutiny section of the Ordination Rite used in Pope Pius XII s time reads: Dearly beloved brethren, the captain of a ship and the passengers are in the same condition as to safety or danger. Their cause is common, therefore they ought to be of the same mind. Indeed, not without reason did the Fathers ordain that in the election of candidates for the service of the altar the people also should be consulted. For it happens here and there that, as to the life and conduct of a candidate, some few know what is unknown to the majority. Necessarily, also, people will render obedience more readily to the ordained if they have consented to his ordination. Now, with the help of the Lord, these deacons are to be ordained priests. As far as I can judge, their life has been of approved goodness and pleasing to God, and, in my opinion, merits for them promotion to a higher ecclesiastical honor. However, lest one or a few be mistaken in their judgment, or deceived by affection, we must hear the opinion of many. Therefore, whatsoever you know about their lives or character, whatsoever you think of their 19 This is especially true since three of the electors and the spouse of another elector have been in closest contact with the present Pope for the past years. Few others know him at all. 8

9 worthiness, freely make it known. Testify as to their fitness for the priesthood, according to merit rather than according to affection. If anyone has anything against them, before God and for the sake of God let him confidently come forward and speak. However, let him be mindful of his [human] condition. 20 Commenting on this part of the rite, Rev. Biskupek says: In a general way the faithful know what kind of a man will be a good captain Some [may] know the candidate even better than those who present him for ordination, possibly some who know he is unworthy. If so, in the interest of their own safety and that of others, in the interest of God s glory and the welfare of the Church, it is their duty to testify against such a candidate. Human considerations must be disregarded; the testimony is to be given according to facts, and not according to affection one might have for him People have a right to watch the candidates for the priesthood as well as the priest, and they do so. No man is watched more closely than the priest. The people have an obligation to deflect those from the sacred ministry who cannot perform their duties in the proper manner or who in some way are defective in their character or morals. That obligation binds now even more gravely, since no one else knows the character and fitness of the candidate. No one is questioning the jurisdiction of the Roman Pontiff in faith or morals in addressing his fitness for ordination. Rather they are exercising a right granted to the faithful by the Church centuries ago, according to the Catholic Encyclopedia. They certainly cannot lie or omit any testimony concerning such fitness, or they answer to God for their sins as the rite itself declares. And no subject should ever be made to feel he must choose between obedience to a clear ordinance of God and obedience to a superior for fear of censure. Could a Pope declare that the scrutiny be omitted only in the ordination/consecration of a Pope? Not without doing what has consistently been condemned in antipope Paul 6 and the other antipopes for decades. Could he simply fail to produce the required witnesses, or in lieu of their physical presence, submit documentation from them? Certainly not without appearing to deliberately escape this scrutiny ordered for centuries by the Church and doing injury to the fitness required for admission to Orders by setting a dangerous precedent. But a much graver reason why a Pope-elect could not omit the scrutiny OR the presentations of proof of fitness necessary to ordination must be cited here. It is the very reason that Pope Pius XII legislated as he did concerning Holy Orders, the reason he expected us to find. That reason is expressed in the Sacred Congregation of Sacrament s Instruction to Local Ordinaries Regarding the Investigation to be Made Previous to Ordination of Seminarians, ratified by Pope Pius XI on Dec. 26, In this instruction the Sacred Congregation wrote: To guard against the many and enormous evils to the Church itself and for the faithful, the bishops who have been appointed by the Holy Spirit to rule the Church of God must exercise the greatest care in barring access to this great ministry against those who lack a priestly vocation and to whom, consequently, the words of Christ Our Lord must be applied: He that entereth not by the door into the sheepfold, but climbeth up another way, the same is a thief and a robber, (Jn. 10:1). The Sacred Congregation takes special pains to call to mind the words of St. Paul in his Epistle to Timothy: Impose not hands lightly on any man; neither be partakers of other men s sins. Reference to this text is made in the Code of Canon Law, which also gives more 20 Priesthood, Conferences on the Rite of Ordination,

10 Canon 1371 enumerates certain classes of candidates that must be dismissed from the seminary, as not possessing the character required of ministers of the altar. They are: the irritable, the incorrigible, the rebellious [seditious], and those who have failed against faith or morals. Hence the good character of the candidate implies that he has learned to control his anger, that he accepts correction and amends faults to which his attention has been called, that he is submissive to authority and amenable to the guidance of obedience, that he is a man of faith and a lover of purity Incorrigibility may be caused by an easy-going, light-minded temper The candidate who is incorrigible because of pride is not fit for the priesthood; he is too proud to correct his faults. He has been warned, he has been shown that his conduct is out of harmony with the ideals of priestly life; yet he did not change. To do so would have been an admission that he was wrong, he would have had to submit to someone else's will "Holy Church insists that the candidates be first tried and that by long continued practice of the virtues required they show that they possess the qualifications expected of them Virtue that has stood the test of long and faithful work, of humble submission to correction, of patience with the faults and failings of others, of cheerful obedience to the norms of seminary life and the will of superiors, virtue such as this will satisfactorily answer the question, Dost thou know them to be worthy?' He then notes that especially where failings in purity are involved, theologians explicit explanation in Canon 973 3, (see Can. 973 above, pg. 3). 21 Pope Pius XI wrote: This canon is a clear echo of the warning of the Apostle to Timothy St. Leo the Great expounds: To impose hands lightly is to confer the sacerdotal dignity on persons not sufficiently approved: before a time of testing, before trial of knowledge. Listen to the warning of St. John Chrysostom: Impose not hands after the first trial, nor after the second, nor yet the third, but only after frequent and careful observation and searching examination. 22 Here, then, we have arrived at the heart of the matter. Can. 973 is not just any canon; it is a canon declared by the Sacred Congregation to be based upon Divine truth. As such it is binding on even a pope-elect, since no man can escape the laws of God as expressed in Holy Scripture and defined by His Church. The Church punishes a bishop violating this law with suspension of his faculties and the infliction of other penalties to be decided by the Church. It seems that in former times revelations of unfitness sufficient to disqualify a candidate were a rare occurrence, but this does not necessarily mean this is true today. If the laity believe the candidate is unfit, they sin grievously in not communicating their concerns. For those who must give testimony to a man s fitness in regard to Orders it is necessary to know what the Church requires for that fitness. Already we have heard Pope Pius XII infallibly state that ALL the prerequisites listed in Sedes Sapientiae are indispensable to this fitness, and we know that certain qualities among these are lacking in this case. Yet it is helpful to know what offenses Canon Law intends as indisputably barring a man from receiving Holy Orders. Rev. Aloysius Biskupek 23 points out that the offenses rendering candidates unfit are listed in Can He elaborates on these offenses as follows:

11 prior to his acceptance of an election must present proofs of his fitness for ordination. Would revelation of unfitness following election, where a Pope has reigned without ordination for many years then prepares to be ordained and consecrated, constitute a third invalidating factor? Not necessarily, because already the one to be ordained is a lay pope. If Divine law is observed, such a person should remain a lay pope until the matters rendering him unfit are remedied and ordination can be lawfully pursued. 24 If reluctance to amend and finish the necessary training is in evidence, and most especially if Divine law is willfully and knowingly violated, then God help us all.