THE HERESY OF JOHN SALZA & ROBERT SISCOE
“The Church must render a judgment before the pope loses his office.” Robert J. Siscoe — Article in The Remnant (Nov. 18, 2014)
“After the Church establishes that the Pope is guilty of the crime of heresy, she renders a judgment of the same (and, as we will see, this is to be done during an “imperfect” ecuмenical council).” — John F. Salza & Robert J. Siscoe — True or False Pope? p. 331
St. Thomas quoted by Pope Gregory XVI in Chapter 5 of The Triumph of the Holy See snd the Church Against the Attacks of the Innovators [Venice, 1832, p. 324] - "Ad illius ergo auctoritatem pertinet editio symboli, ad cuius auctoritatem pertinet FINALITER DETERMINARE ea, quae sunt fidei, ut ab omnibus inconcussa fide teneantur." - [Summa Theol. II - II q. 1 a. 10]
Translation - "To his authority belongs the promulgation of the creed, to whose authority it pertains to DETERMINE WITH FINALITY the matters of faith, so that they may be held by all with unshakable faith." This point was defined by the First Vatican Council: Pastor Æternus defines the pope as the supreme judge in all cases that refer to ecclesiastical examination: «iudicem supremum … in omnibus causis ad examen ecclesiasticuм spectantibus »
Full text: «Et quoniam divino Apostolici primatus iure Romanus Pontifex universae Ecclesiae praeest, docemus etiam et declaramus, eum esse iudicem supremum fidelium (Pii PP. VI Breve, Super soliditate d. 28 Nov. 1786), et in omnibus causis ad examen ecclesiasticuм spectantibus ad ipsius posse iudicium recurri (Concil. Oecuм. Lugdun. II); Sedis vero Apostolicae, cuius auctoritate maior non est, iudicium a nemine fore retractandum, neque cuiquam de eius licere iudicare iudicio (Ep. Nicolai 1 ad Michaelem Imporatorem). Quare a recto veritatis tramite aberrant, qui affirmant, licere ab iudiciis Romanorum Pontificuм ad oecuмenicuм Concilium tamquam ad auctoritatem Romano Pontifice superiorem appellare. »
Translation - «Since the Roman pontiff, by the divine right of the apostolic primacy, governs the whole church, we likewise teach and declare that he is the supreme judge of the faithful, and that in all cases which fall under ecclesiastical jurisdiction recourse may be had to his judgment. The sentence of the apostolic see (than which there is no higher authority) is not subject to revision by anyone, nor may anyone lawfully pass judgment thereupon. And so they stray from the genuine path of truth who maintain that it is lawful to appeal from the judgments of the Roman pontiffs to an ecuмenical council as if this were an authority superior to the Roman pontiff.»
PASTOR ÆTERNUS: «Si quis itaque dixerit, Romanum Pontificem habere tantummodo officium inspectionis vel directionis, non autem plenam et supremam potestatem iurisdictionis in universam Ecclesiam, non solum in rebus, quae ad fidem et mores, sed etiam in iis, quae ad disciplinam et regimen Ecclesiae per totum orbem diffusae pertinent; aut eum habere tantum potiores partes, non vero totam plenitudinem huius supremae potestatis; aut hanc eius potestatem non esse ordinariam et immediatam sive in omnes ac singulas ecclesias, sive in omnes et singulos pastores et fideles; anathema sit.»
Translation: “So, then, if anyone says that the Roman pontiff has merely an office of supervision and guidance, and not the full and supreme power of jurisdiction over the whole church, and this not only in matters of faith and morals, but also in those which concern the discipline and government of the church dispersed throughout the whole world; or that he has only the principal part, but not the entire fullness, of this supreme power; or that this power of his is not ordinary and immediate both over all and each of the churches and over all and each of the pastors and faithful: let him be anathema.”
Since the pope, while in office, is the supreme judge with universal primacy of jurisdiction, he alone is the final and infallible judge in matters of faith and morals, against whose judgment no one may appeal, not even to an ecuмenical council. Cardinal Manning observes, «Mauro Cappellari, afterwards Gregory XVI., affirms that the supreme judge of controversies is the Pontiff, "distinct and separate from all other Bishops; and that his decree in things of faith ought by them to be held without doubt." » Pope Gregory bases this doctrine expressed in this proposition on the teaching of St. Thomas : «St. Thomas offers here a most minute prospectus of the privileges, which In the Roman Pontiff the lovers of truth in glory to venerate. Speaking of the symbol of faith, he seeks who is the supreme judge of disputes, to whom belongs the solemn edition of the symbol, that is, the norm of our belief, and concludes: 1. º That it is the Pope: 2. º distinct, and separate from all the other bishops, having to Indeed be held by these, inconcussa fide, what he determines as the dogma of faith: 3. º He proves it from Christ's Prayer and Precept: 4. º from the unity of faith which is to be professed throughout the Church, which unity would be lacking, if the Pope were not the supreme judge of the disputes, and the only promulgator of the dogmatic definitions: 5., nor can it be said that he does it by usurpation and private authority, nor that this should be done only by the general councils independently of him: since all that is done by them has no force to oblige absolutely, without the involvement of the Pope, from whom depends the convocation and the authoritative confirmation of the councils themselves: cuius auctoritate synodus congregatur, et eius sententia confirmatur» In virtue of his office as Vicar of Christ and pastor of the universal Church, the pope is always able to freely exercise supreme, full, immediate, and universal power in the Church (CIC 1983, Can. 331); and therefore he alone possesses the authority to preside over a council, and to designate and constitute the business to be transacted by the council; and to transfer, suspend or dissolve the council, and to confirm its decrees. (CIC 1917, Can. 222. §2) The objection that says in deposing a heretical pope a council’s judgment would not exercise power of jurisdiction over the pope as a superior is specious, and fatally flawed insofar as every judgment hinges directly on the power of a true jurisdiction, without which the act cannot consist, since the basis and foundation of judgment is jurisdiction, so that a judgment lacking jurisdiction would be incurable and irreparable * ; and, furthermore, no judgment whatsoever pronounced by a council would have any juridical effect unless it would be confirmed by the pope and promulgated by his order. ** [...] In a deposition there are enumerated three acts, 1) the declaration of heresy, 2) the desisting of the papacy in the person, and 3) penal expulsion from the Church; all of which are judicial acts, and therefore require the power of jurisdiction in whoever would provide the act.*** From this it necessarily follows, that if a manifestly pertinacious heretic pope would not fall from office entirely by himself, he would remain in office until judged and declared a heretic and deposed from the papacy by a council possessing a superior jurisdiction over him; or else he would remain in office even without any possibility of being legitimately deposed. It is de fide that there does not exist, nor can there exist, even by way of exception, a jurisdiction on earth superior to the pope’s universal primacy of jurisdiction.
* P. Francesco Bordoni, Op. cit. cap. VI, p. 154: «Deinde per illam quandam ordinarionem factam a Concilio vel intelligitur vera, & propria poteſtas, & iurisdictio Concilii in Papam, […] vel intelligitur aliquid aliud, quod tamen conſonum non eſt, quia omnis actus iudicialis pendet à vera iurisdictione, ſine qua nullus actus conſiſtere poteſt, quia baſis, & fundamentum iudici¡ reputatur iurisdictio Bald. C . ſi a compet. íud. in Rubr._Paris de confidet. q.79. num. 22 ita quod defectus iurisdictionis dicicur inſanabilis, & irreparabilis, ex Staphil. Sarnen, & Vantio ex eodem Pariſio num.24. »
** CIC 1917: «Can. 227. Concilii decreta vim definitivam obligandi non habent, nisi a Romano Pontifice fuerint confirmata et eius iussu promulgata. » *** Bordoni, Sacrum Tribunal Iudicuм In Causis Sanctæ Fidei Contra Hæreticos Et Hæresi Suspectos, Romæ, MDCXLVIII, p. 154 – «Numerantur autem tres actus, declarario hæreſis, deſitio Papatus, & eiectio extra Eccleſiam, qui omnes ſunt iudiciales, ac proinde requirentes iurisdictionem in eo, qui illa tria præſtare debet, »