Angelus, do you hold to Opinion No. 4 of the Five Opinions expounded upon by St. Robert Bellarmine?
The requirements of those 1917 Canons that I cited seem to contain a hybrid of the 4th and 5th Opinions.
For example, this statement from Opinion 5 seems to be represented in the Canons:
"a Pope who is a manifest heretic, ceases in himself to be Pope and head, just as he ceases in himself to be a Christian and member of the body of the Church: whereby, he can be judged and punished by the Church. This is the opinion of all the ancient Fathers, who teach that manifest heretics soon [mox — better translation: immediately] lose all jurisdiction."Canons 188 and 2314, together, provide exactly
HOW the process will work for a "public defection from the Catholic faith." The mechanism of "
ipso facto excommunication" is immediate and automatic, with no need for any declaration or condemnation by any authority.
Canons 2257-2267, in various parts, provide exactly
WHAT occurs at each of the 3 "levels" of excommunication. Canons 2264 and 2261, for instance, deal specifically with the privation of "jurisdiction" for a person burdened with the different levels of excommunication. Canon 2263 explains that
any excommunicate (
ipso facto included) is "removed from legitimate ecclesiastical acts," i.e., his legislative acts become illegal. And the faithful must never follow an illegitimate dictator.
But, under Opinion 4, Bellarmine says something that is definitely incompatible with 1917 Canon Law:
"...a manifest heretic would be ipso facto deposed..."The Church apparently did not agree with Bellarmine on that point. Instead, the Church is careful to distinguish between the removal of certain powers or benefits (at excommunication levels 1 and 2) and the final "deposition" from the office that occurs only at excommunication level 3.
In the case of the Pope, who "is judged by no one [in a trial]" (Canon 1556), it would seem to be impossible for a Pope to ever get to the Level 2 or Level 3 of excommunication. A heretic Pope would be "
ipso facto excommunicated" (Level 1) but could never be officially "declared excommunicated" (Level 2) or "condemned/banned/deposed excommunicated" (Level 3).
So, this heretic Pope for all practical purposes is to be treated as having zero legitimacy and limited jurisdiction unless and until he revives his papal authority with a complete abjuration of his errors, at which point, his legitimacy would come back to him.
To be clear, however, Jorge Bergoglio, was never lawfully-elected Pope because a conclave cannot be called before the Apostolic See is vacant. And the Apostolic See only becomes vacant upon "death of the Pope." So none of the limitations concerning "judging a Pope" apply to him.
The confusion of BXVI's "resignation" boils down to the distinctions, in 1983 Canon Law, between the "Roman See" and the "Apostolic See." The "Roman See" is held by the "Roman Pontiff" alone. The "Apostolic See" includes the Roman Pontiff plus all of the Roman Curial officials (1983
Canon 361). And those curial offices are not vacated until after "the death of the Pope" (
Universi Dominici gregis, 14 and
Pastor Bonus Article 6. Since a new papal election is only triggered by "the vacancy of the Apostolic See," and BXVI was not dead in March 2013, the March 2013 election was unlawful and UDG, 76 requires the following:
76. Should the election take place in a way other than that prescribed in the present Constitution, or should the conditions laid down here not be observed, the election is for this very reason null and void, without any need for a declaration on the matter; consequently, it confers no right on the one elected.Game. Set. Match.
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