Many who have written against sedevacantism, have overlooked one fundamental flaw which runs through their false teachings and articles: they seem utterly unaware of the distinction between human ecclesiastical (canon) law and divine law, and how this distinction applies to the case of a heretical pope. Heresy is both a crime (delictum) against canon law and a sin (peccatum) against divine law. The material Mr. Recognize and Resist apologists quote deals with heresy as a delictum and with the ecclesiastical censure (excommunication) that the heretic incurs. This is mostly irrelevant to the case of a heretical pope. Because he is the supreme legislator and therefore not subject to canon law, a pope cannot commit a true delictum of heresy or incur an excommunication. He is subject only to the divine law. It is by violating the divine law through the sin (peccatum) of heresy that a heretical pope loses his authority - “ having become an unbeliever [factus infidelis],” as Cardinal Billot says, “he would by his own will be cast outside the body of the Church.” (De Ecclesia, 5th ed. [1927] 632.) The canonist Coronata explains: “If indeed such a situation would happen, he [the Roman Pontiff] would, by divine law , fall from office without any sentence, indeed, without even a declaratory one.” (Institutiones Iuris Canonici [1950] 1:316. My emphasis.) So, all the canonical requirements governing the delictum of heresy need not be fulfilled for a heretical pope to lose his authority - his public sin against divine law (infidelity) suffices.
Posted on: Tue, 15 Oct 2013 05:30:43 +0000
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