V
Vico
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Thanks for this link–it helpfully summarizes the true Catholic teaching on the role of the pope in the Church’s affairs.
Wow. On the face of it, this canon says that the pope is… above the law.
What if–God forbid–a successor to Benedict XVI goes off the rails and turns into a miserable scoundrel during his tenure, to the point of employing hit teams against perceived adversaries and preaching modernist errors from the pulpit? If I have properly understood this canon, no secular or religious court has the authority to haul such a bad apple off to answer for his crimes/sins.
It is a “fundamental principle, based on divine law” per The Canon Law: Letter & Spirit : A Practical Guide to the Code of Canon Law, 1995, Canon Law Society of Great Britain and Ireland. Here is an explanation from CDF written by Joseph Card. Ratzinger, Prefect, in 1998: 10. Together with the magisterial role of the primacy, the mission of Peter’s Successor for the whole Church entails the right to perform acts of ecclesiastical governance necessary or suited to promoting and defending the unity of faith and communion; one of these, for example, is to give the mandate for the ordination of new Bishops, requiting that they make the profession of Catholic faith; to help everyone continue in the faith professed. Obviously, there are many other possible ways, more or less contingent, of carrying out this service of unity: to issue laws for the whole Church, to establish pastoral structures to serve various particular Churches, to give binding force to the decisions of Particular Councils, to approve supradiocesan religious institutes, etc. Since the power of the primacy is supreme, there is no other authority to which the Roman Pontiff must juridically answer for his exercise of the gift he has received: “prima sedes a nemine iudicatur”.42 This does not mean, however, that the Pope has absolute power. listening to what the Churches are saying is, in fact, an earmark of the ministry of unity, a consequence also of the unity of the Episcopal Body and of the sensus fidei of the entire People of God; and this bond seems to enjoy considerably greater power and certainty than the juridical authorities - an inadmissible hypothesis, moreover, because it is groundless - to which the Roman Pontiff would supposedly have to answer. The ultimate and absolute responsibility of the Pope is best guaranteed, on the one hand, by its relationship to Tradition and fraternal communion and, on the other, by trust in the assistance of the Holy Spirit who governs the Church.Isn’t that a dull blade? If he falls from the faith but yet cannot be tried. So how do we declare such a Pope a heretic? We’ve pushed the Sedevacantists aside, those who make this claim that the chair has been vacated by heresy of the Popes since Vatican II. Let’s assume for a moment here that they are correct. And here we are buying the heresy from the recent to the current Pope. So who’s to proclaim that the Pope is indeed a heretic? Do we have to wait for the Pope to die and wait that the Holy Spirit grants us a Pope who will live true to the faith of Peter? What if its a grand conspiracy to elect Pope after Pope who is a member of such group of heretics? Wasn’t Peter accountable to the other Apostles?
The more I read about the powers of the Pope, honestly, the more my faith is shaken on it. I do believe in St. Peter and his Primacy, but it seems the modern Papacy is not in-line with St. Peter’s role.
vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19981031_primato-successore-pietro_en.html
St. Robert Bellarmine opinion:“The manifestly heretical pope ceases per se to be pope and head as he ceases per se to be a Christian and member of the Church, and therefore he can be judged and punished by the Church. This is the teaching of all the early Fathers.”
– Bellarmine, De Summo pontifice, n. 30, lib. II, cap. 30. (lived 1542-1621 A.D.) “the General Council declares the fact of the crime by which the heretical pope has separated himself from the Church and deprived himself of his dignity”
– Wernz-Vidal, Jus Canonicum (Rome, 1943), II, 518.
Jus Canonicum, Rev. F X Wernz S.J. and Rev P Vidal S.J. (1938) Chapter VII, De Summo Pontifice: [The power of the Roman Pontiff ceases…]
- By heresy which is notorious and openly made known. The Roman Pontiff should he fall into it is by that very fact even before any declaratory sentence of the Church deprived of his power of jurisdiction. Concerning this matter there are five Opinions of which
- Finally, there is the fifth opinion - that of Bellarmine himself - which was expressed initially and is rightly defended by Tanner and others as the best proven and the most common. For he who is no longer a member of the body of the Church, i.e. the Church as a visible society, cannot be the head of the Universal Church. But a Pope who fell into public heresy would cease by that very fact to be a member of the Church. Therefore he would also cease by that very fact to be the head of the Church.
Wherefore, it must be firmly stated that a heretical Roman Pontiff would by that very fact forfeit his power. Although a declaratory sentence of the crime which is not to be rejected in so far as it is merely declaratory would be such that the heretical Pope would not be judged, but would rather be shown to have been judged.