Dave:
One must differentiate between divine law and human or ecclesiastical law.
According to Divine Law, a heretic after sufficient admonishment is to be avoided. Canon law prescribes in more detail how this precept of Divine law is to be accomplished.
Yet you and I both know that Ecclesiastical Law can never be harmful or dangerous to the faith (cf. Pius VI, *Auctorem Fidei, *78), and as such can never be contrary to Divine Law. Thus, canon law prescribes
how we are to determine the fact of heresy, which necessarily requires pertinacity to be criminal. The prescribed process for determining pertinacity as described by canon law is indeed in conformity with Divine Law.
There is no dichotomy between 1917 canon law and Divine law, right? They go together in order to determine if one is culpable for the crime of heresy. The manner in which the 1917 canon law does so ought to be followed to determine whether a cardinal governed by the law is indeed deemed a heretic. To insist otherwise is to suggest canon law is contrary to Divine law, which it cannot be.
Thus, it remains true to Divine law that, for those suspected of heresy (
suspectus de haeresi), pertinacity is not to be assumed. Instead, “
If a person is suspected of heresy, he is to be warned. If the warning is neglected he is to be debarred from legal acts. If he remain recalcitrant for six months longer, he is to be deemed a heretic and incurs the penalty imposed on heretics” (
The Catholic Encyclopedia, 1918 edition, supplemental volume, containing revisions of the articles in canon law according to the Code).
The question remains…was Cardinal Roncalli, before the election, suspected of heresy? If so, was he warned? If so, by who? When? Was that warning neglected? If so, was he then debarred from legal acts? If so, by whom? After being debarred, did Roncalli remain recalcitrant for six months? If so, did his superiors therefore deem that he was a heretic and impose the penalty incurred by heretics?
If Roncalli was
suspectus de haeresi, then he retains his membership in the Church, and his office.