#delictum of heresy

[ultramontanism]

Can a heretic be pope?

From: "Sedevacantism Refuted? Some Common Objections" by Fr. Anthony Cekada, 2004:

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 be- come 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.)

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."

#fr. anthony cekada #catholic #heresy #papacy #heretical popes #sedevacantism refuted? some common objections #canon law #delictum of heresy #peccatum of heresy #coronata