Stubborn speaks quite ignorantly when he says, "But it *is* a question of judging or deposing an actual pope." When it is certain who the pope is, then it would be a case of judging an actual pope; but when positive doubt makes it impossible to judge that there is a certain pope, or that the putative pope is a certain pope, then the claimant or claimants become dubious popes. In such a case Bellarmine, cites the ruling of the Council of Constance which defined that in times when it is not known who is the true pope, the council has authority over the pontiffs, because a doubtful pope is considered no pope, and to have power over him is not to have power over the pope. (Nam dubius papa habetur pro non papa, et proinde habere super illum potestatem non est habere potestatem in papam.) The see is presumed vacant. St. Alphonsus, Ballerini, Bordoni, and Gregory XVI, concur with Bellarmine in this opinion. In such a case, they all agree that the "pope" or "popes" must defer to the judgment of the Church; and in the case of a doubtful pope, the "Church" means a general council.
What is meant by "The Church" is not an ambiguous entity, but the term has a precise comprehension in ecclesiastical usage, and is explained by Bellarmine in De. Conciliorum Auctoritate, cap. xix: "Respondeo: Nomine Ecclesiae, vel intelligi episcopum, ul exponit hoc loco Chrysostomus, el Innoccntius III. cap. Novit, extra, de judiciis et praxis Ecclesiae demonstrat; quotidie enim episcopo denunciantur ii, de quibus Dominus ait Dic Ecclesiae; vel certe fidelium coetum cuм suo capite. Nam ut Cyprianus ait in epístola ad Florentium, quae est nona lib. 4. Ecclesia est plebs sacerdoti adunata, el pastori suo grex adhaerens. Quare in quocuмque episcopatu deferendi sunt peccatores ad Ecclesiam, et episcopum ejus loci, sed si is episcopus peccet, non potest deferri ad eam Ecclesiam, nisi debeat referri ad seipsum, cuм ipse sit caput ejusdem Ecclesiae, sed deferendus est ad Ecclesiam aliquam altiorem, cui praeest archiepiscopus vel patriarcha: Si vero peccet patriarcha, deferri non potest ad Ecclesiam suam, sed ad majorem, idest, ad romanam Ecclesiam, vel generale concilium, cui summus pontifex praesidet: Quod si ipse summus pontifex peccet, judicio Dei reservandus est, non enim est ulla Ecclesia, ad quam deferri possit, eum sine ipso non inveniatur Ecclesia cuм capite." When the whole Church (i.e. the faithful and their pastors) universally and peacefully accords unanimous acceptance to the one judged to be the valid pope by the council, the validity of that one's pontificate becomes a dogmatic fact. The reason why a council would have authority in such a case when there is only a doubtful pope, or it is not certain who is the pope, is explained by Gregory XVI: «In the times of the antipopes, as well as of the dead Pope, the form of the government ordained by Christ does not remain obscure, even in a case where there is founded doubt, so that it is not clear who should be venerated for Pope, yes in the case of sede vacante it happens in the Church what happens in different monarchies, in which in time of interregnum the government resides in some senate; as practiced also in the ancient Roman empire, in which the Roman senate commanded in time of interregnum; so in the mean while in those cases the government of the Church is aristocratic. But who does not know that this cannot be its natural state? Who can recognize him from the same dilligence that the Church gave to elect her head, suffering ill from remaining headless for a long time?» [Il trionfo della santa sede e della chiesa contro gli assatti dei novatori, p. 29] All of these authors agree that a certain pope can never be judged, and that if it were permitted by God that the pope become a public heretic, he would become an incapable subject of the papacy.