Continued...
before being degraded.
9 Because the Church has no authority over the Pope, these warnings do not constitute an act of jurisdiction (as they would for other Catholics), but only an act of charity, as
St. Thomas teaches in regard to fraternal correction.
10 Although the Pope is not subject to the positive law of the Church, because these warnings are rooted in Divine Law, and are afforded to lesser clerics in the hope of their amendment, they most certainly are afforded to the Vicar of Christ, both as a matter of justice as well as under the philosophical principle omne majus continet in se minus - "the greater includes the lesser."
In fact, Cajetan says that it is because a Pope is not subject to canon law that ecclesiastical warnings are absolutely necessary for him before being declared a heretic. He explains that because other heretics may automatically incur latae sententiae excommunication (the censure) by operation of canon law11 (to which the Pope is not subject), it is not absolutely necessary for the Church to issue warnings to these before declaring them excommunicated.
12 However,
because the Pope is not subject to the ecclesiastical censure, the teaching of St. Paul to Titus should logically be followed to the letter. In Cajetan’s own words: "The second consequence is that a heretic pope should not be deposed before the admonitions: for he is not excommunicated on account of heresy, but should be excommunicated by being deposed. Therefore, the apostle’s command concerning the double admonition, which need not be observed [to the letter] in the case of others, who are inferiors, on account of the addition of excommunication latae sententiae, which the Church imposes on heretics, should be observed to the letter with him."
13 The renowned eighteenth century theologian, Fr. Pietro Ballerini, who subscribed to Bellarmine’s famous Fifth Opinion on a heretical Pope,
14
explains how the warnings would serve to demonstrate pertinacity for a reigning Pope who publicly professed heresy, as well as who exactly in the Church would be responsible for issuing them, and the effect that they would produce: "Is it not true that, confronted with such a danger to the faith [a Pope teaching heresy], any subject can, by fraternal correction, warn their superior, resist him to his face, refute him and, if necessary,
9 "A cleric must, besides, be degraded if, after having been duly warned, he persists in being a member of such a society (non-Catholic sect). All the offices he may hold become vacant, ipso facto, without any further declaration. This is tacit resignation recognized by law (Canon 188.4) and therefore the vacancy is one de facto et iure (by fact and by law)." Augustine, A Commentary on the New Code of Canon Law, vol. 8, bk. 5, p. 280 (emphasis added).
10 On whether a man is bound to correct his prelate, St. Thomas teaches: "A subject is not competent to administer to his prelate the correction which is an act of justice through the coercive nature of punishment: but the fraternal correction which is an act of charity is within the competency of everyone in respect of any person towards whom he is bound by charity, provided there be something in that person which requires correction." ST, II-II, q. 33, a. 4.
11 Here we can think of certain Catholic politicians who openly acknowledge and defy Catholic teaching (e.g., abortion) to the world, thereby establishing their pertinacity as notorious by notoriety of fact. As non-clerics, their excommunication may be recognized by the Church without the need for ecclesiastical warning or censure.
12 "Neither is it always demanded in the external forum that there be a warning and a reprimand as described above for somebody to be punished as heretical and pertinacious, and such a requirement is by no means always admitted in practice by the Holy Office" ( De Lugo, disp. XX, sect. IV, n. l57-158, cited in "Essay on Heresy," by Arnaldo da Silveira).
13 De Comparatione Auctoritatis Papae et Concilii, p. 103.
summon him and press him to repent? The Cardinals, who are his counselors, can do this; or the Roman Clergy, or the Roman Synod, if, being met, they judge this opportune. For any person, even a private person, the words of Saint Paul to Titus hold: ‘Avoid the heretic, after a first and second correction, knowing that such a man is perverted and sins, since he is condemned by his own judgment’ (Tit. 3, 10-11). For the person, who, admonished once or twice, does not repent, but continues pertinacious in an opinion contrary to a manifest or defined dogma - not being able, on account of this public pertinacity to be excused, by any means, of heresy properly so called, which requires pertinacity - this person declares himself openly a heretic. He reveals that by his own will he has turned away from the Catholic Faith and the Church, in such a way that now no declaration or sentence of anyone whatsoever is necessary to cut him from the body of the Church. Therefore the Pontiff who after such a solemn and public warning by the Cardinals, by the Roman Clergy or even by the Synod, would remain himself hardened in heresy and openly turn himself away from the Church, would have to be avoided, according to the precept of Saint Paul. So that he might not cause damage to the rest, he would have to have his heresy and contumacy publicly proclaimed, so that all might be able to be equally on guard in relation to him. Thus, the sentence which he had pronounced against himself would be made known to all the Church, making clear that by his own will he had turned away and separated himself from the body of the Church, and that in a certain way he had abdicated the Pontificate…"
15 Thus, before Pope Francis could be considered a public heretic, he
15 De Potestate Ecclesiastica, (Monasterii Westphalorum, Deiters, 1847) ch. 6, sec. 2, pp. 124-125 (emphasis added).
would have to be issued "a first and second correction" (warnings) by "the Cardinals" (or other official Church authority, such as a "Roman Synod"), and would then have to "continue pertinacious in an opinion contrary to a manifest or defined dogma" after at least six months (such as his material heresies that no one is condemned forever or that intrinsically evil acts admit of exceptions). Because these warnings are public and issued by the proper authorities, a refusal to heed them would establish "public pertinacity" which is necessary to convict someone of public (that is, the crime of) heresy. That means we have a way to go with Pope Francis, because the authorities have not even issued the first warning. Not yet.
In the next installment, we will address what happens if the Cardinals issue the requisite warnings to Pope Francis and he still refuses to respond or fails to correct his errors.
To Be Concluded Next Issue