Gorman64,
First, I want to thank you for remaining very charitable to me throughout this discussion. I think we are attempting to look at the same or at least similar evidence but simply drawing different conclusions. My impression is that you are drawing your conclusions with a good faith effort toward seeking the truth, as I am, but we are obviously drawing different conclusions. Surely, charitable discussion liek these regarding theology can only help us better understand the truth.
Dave:
Are we allowed to hold the opinion of a Doctor of the Church?
Certainly, but one is also free to reject it. It is not doctrine. The opinion of St. Robert remains congruent with formal doctrine and the canonical norms of the current Roman Pontiff and the college of bishops in communion with him.
However, one should certainly hold to the
authentic opinion of the Doctor, which did not, as you know, include that a layperson had the authority to judge a pope to be a manifest heretic.
This is what St. Robert wrote, what he explicitly called “opinion” (not doctrine):
A pope who is a manifest heretic automatically (per se) ceases to be pope and head, just as he ceases automatically to be a Christian and a member of the Church. Wherefore, he can be judged and punished by the Church. This is the teaching of all the ancient Fathers who teach that manifest heretics immediately lose all jurisdiction. (De Romano Pontifice, II.30).
This is congruent with the 1917 Code of Canon Laws and the 1983 Code of Canon Laws.
However, what St. Robert does not say is that John XXIII and the subsequent popes were manifest heretics. That opinion is
not indorsed by any pope, saint, or doctor.
Moreover, when St. Robert says"manifest heretic" what does he mean? In what manner does he mean they “can be judged by the Church?”
While we have the right, indeed the obligation to the kind of fraternal correction which St. Paul gave to St. Peter or St. Catherine gave to Pope Gregory, if you check your Denzinger’s, I believe it states that the pope “
will not be judged by anyone.” [cf. St. Nicholas i, AD 865, Denz 330-333, St. Leo X, AD 1053, Denz 353, Clement VI, AD 570g, ad 1351]. Surely St. Robert’s opinion must be understood in the context of the prior papal decrees that no one, not “
by all the clergy, nor by religious, nor by the people will the judge be judged…"The first seat will not be judged by anyone” [Denz 330-333]
Consequently, I conclude that only a pope can judge himself a heretic, or be so judged by a successor pope. This is the only manner a pope has ever been condemned in Catholic history (eg. Honorius I, see more
here).
John XXII, on his deathbed, submitted any of his erroneous teachings (alluding to his erroneous All Saint’s Day sermon) to the judgment of the Church and** his successor**
determinationi Ecclesiae ac successorum nostrorum]. This is the proper manner in which a pope may be declared a
manifest heretic, by a judgment in unity with that of the existing or successor pope.
Furthermore, under
1917 Canon Law, and the
papal election laws under Pius XII:
“None of the cardinals may in any way, or by pretext or reason of any excommunication, suspension, or interdict whatsoever, or of any other ecclesiastical impediment, be excluded from the active and passive election of the supreme pontiff. We hereby suspend such censures solely for the purposes of the said election; at other times they are to remain in vigor” Vacantis Apostolicae Sedis (December 8, 1945), 34].
Active in this context means that such a cardinal may vote in the election, while
passive means he himself can be elected.
Once the pope is elected, he is the valid pope. One then requires
a condemnation or sentence pronounced by higher authority [cf. 1917 Code of Canon Laws, canon 2264], to remove him or any other heretic from
validly governing as pope.