S&S claim that Popes can be subjected to a discretionary judgment, and that this is an exception to the rule that the Pope can be judged by no one. But, in point of fact, discretionary judgement has as its object not the Pope himself, but, as Torquemada explains, the truth of a proposition, in the case, the proposition that a given heretical Pope is in fact not a Catholic. Pope Innocent III explains this type of judgment as, rather, meaning to "show that [the heretical pope] has ALREADY BEEN judged." So it's SHOWING or AVERRING the a priori fact that the man has suffered loss of office.
I don't see any contradiction between S&S and Torquemada. It's all a semantics issue that is causing confusion. 1) Declaration of heresy and 2) Loss of office are 2 separate events.
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A. Aug 1 - Pope speaks heresy.
B. Aug 1 - Cardinals rebuke him. Pope ignores rebuke.
C. Aug 2 - Cardinals rebuke him a 2nd time. Pope ignores 2nd rebuke.
D. Aug 3 - Cardinals give discretionary judgement that the pope is an obstinate/manifest/formal heretic, because he was obstinate on Aug 2. Because the pope is deemed a heretic, THEN he is no longer the superior of the Cardinals. So he can THEN be removed, since the former-pope's heresy is a "self judgement" from Divine Law.
E. Aug 3 - Cardinals declare that the former-pope-turned-heretic loses his office "ipso facto".
F. Aug 3 - The Pope
HOLDS HIS OFFICE UNTIL the discretionary judgment on Aug 3.
This judgement of heresy is the CAUSE of the "ipso facto" loss of office..
People can argue that "Oh, I told you so. I told you the pope was a heretic when he said heresy on Aug 1." But that doesn't matter. What matters is the Church's decision on Aug 3. Before that date, even when the pope was obstinate on Aug 2, he still holds office UNTIL a declaration is made. Why? Because before a declaration from the Church, there is no authoritative decision. Before the Cardinals deem him a formal heretic, he is simply in material error. Before they rebuke him and follow the process, it is not determined if he is an obstinate heretic.
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1. Material Heresy alone does not cause "ipso facto" loss of office, but a declaration/recognition of obstinacy must follow, which makes it formal heresy.
2. Only the officials of the Church can recognize/judge obstinate heresy, based on Scripture and canon law.
3. Laymen, priests and Bishops cannot judge the pope, even in a discretionary way, but only the Cardinals, who have the authority to elect him.
4. Ergo, "ipso facto" loss of office does not happen to a pope, without a recognition/judgement from the Cardinals that the pope is an obstinate/formal heretic.