PeregrineÕs Panel
References on the loss of papal office.
The Code of
Canon Law n. 188
[English
translation from Dr. Edward N. PetersÕ book The 1917 or Pio-Benedictine Code of Canon Law.]
Any office becomes vacant upon the fact and without any
declaration by tacit resignation recognized by the law itself if a cleric:
1. Makes a religious profession with
due regard for the prescription of Canon 585 concerning benefices;
2. Within the useful time established by
law or, legal provision lacking, as determined by the Ordinary, fails to take
possession of the office;
3. Accepts another ecclesiastical office
incompatible with the prior, and has obtained peaceful possession of [the other
office];
4. Publicly defects from the Catholic faith;
5. Contracts marriage even, as they say,
merely civilly;
6. Against the prescription of Canon 141,
¤1, freely gives his name to a secular army;
7. Disposes of ecclesiastical habit on his
own authority and without just cause, unless, having been warned by the
Ordinary, he resumes [wearing it] within a month of having received the
warning;
8.
Deserts
illegitimately the residence to which he is bound and, having received a
warning from the Ordinary and not being detained by a legitimate impediment,
neither appears nor answers within an appropriate time as determined by the
Ordinary. [Emphasis added]
St. Alphonsus Maria De Liguori,
Bishop and Doctor of the Church (1787 A.D.):
"If ever a pope, as a private person, fell into heresy, he would at
once fall from the pontificate." (Oeuvres Completes. 9:232) [source to be verified]
St. Antoninus:
"In the case in which the pope would become a heretic, he would
find himself, by that fact alone and without any other sentence, separated from
the Church. A head separated from a body cannot, as long as it remains
separated, be head of the same body from which it was cut off. A pope who would
be separated from the Church by heresy, therefore, would by that very fact
itself cease to be head of the Church. He could not be a heretic and remain
pope, because, since he is outside of the Church, he cannot possess the keys of
the Church." (Summa Theologica, cited in Actes de Vatican I. V. Frond
pub.) [source to be verified]
Pope Paul IV:
During the time of the Council of Trent Pope
Paul IV issued his Apostolic Constitution of February 15, 1559. This Papal Bull
focused on the censure of heretics and the validity of a prelate or Pope in the
event they were in heresy or apostasy.
Cum
Ex Apostolatus Officio
By virtue of the Apostolic office which, despite our unworthiness,
has been entrusted to Us by God, We are responsible for the general care of the
flock of the Lord. Because of this, in order that the flock may be faithfully
guarded and beneficially directed, We are bound to be diligently watchful after
the manner of a vigilant Shepherd and to ensure most carefully that certain
people who consider the study of the truth beneath them should be driven out of
the sheepfold of Christ and no longer continue to disseminate error from
positions of authority. We refer in particular to those who in this age,
impelled by their sinfulness and supported by their cunning, are attacking with
unusual learning and malice the discipline of the orthodox Faith, and who,
moreover, by perverting the import of Holy Scripture, are striving to rend the
unity of the Catholic Church and the seamless tunic of the Lord.
1.In assessing Our duty and
the situation now prevailing, We have been weighed upon by the thought that a
matter of this kind [i.e. error in respect of the Faith] is so grave and so
dangerous that the Roman Pontiff,who is the representative upon earth of God
and our God and Lord Jesus Christ, who holds the fulness of power over peoples
and kingdoms, who may judge all and be judged by none in this world, may nonetheless
be contradicted if he be found to have deviated from the Faith. Remembering
also that, where danger is greater, it must more fully and more diligently be
counteracted, We have been concerned lest false prophets or others, even if
they have only secular jurisdiction, should wretchedly ensnare the souls of the
simple, and drag with them into perdition, destruction and damnation countless
peoples committed to their care and rule, either in spiritual or in temporal
matters; and We
have been concerned also lest it may befall Us to see the abomination of
desolation, which was spoken of by the prophet Daniel, in the holy place.
In view of this, Our desire has been to fulfil our Pastoral duty, insofar as,
with the help of God, We are able, so as to arrest the foxes who are occupying
themselves in the destruction of the vineyard of the Lord and to keep the
wolves from the sheepfolds, lest We seem to be dumb watchdogs that cannot bark
and lest We perish with the wicked husbandman and be compared with the hireling.
2 Hence, concerning these
matters, We have held mature deliberation with our venerable brothers the
Cardinals of the Holy Roman Church; and, upon their advice and with their
unanimous agreement, we now enact as follows:
In respect of each and every sentence of
excommunication, suspension, interdict and privation and any other sentences,
censures and penalties against heretics or schismatics, enforced and
promulgated in any way whatsoever by any of Our predecessors the Roman
Pontiffs, or by any who were held to be such (even by their "litterae
extravagantes" i.e. private letters), or by the sacred Councils received
by the Church of God, or by decrees of the Holy Fathers and the statutes, or by
the sacred Canons and the Constitutions and Apostolic Ordinations - all these
measures, by Apostolic authority, We approve and renew, that they may and must
be observed in perpetuity and, if perchance they be no longer in lively
observance, that they be restored to it.
Thus We
will and decree that the aforementioned sentences, censures and penalties be
incurred without exception by all members of the following categories:
(i) Anysoever who, before this date, shall have
been detected to have deviated from the Catholic Faith, or fallen into any
heresy, or incurred schism, or provoked or committed either or both of these,
or who have confessed to have done any of these things, or who have been
convicted of having done any of these things.
(ii)
Anysoever who (which may God, in His clemency and goodness to all, deign to
avert) shall in the future so deviate or fall into heresy, or incur schism, or
shall provoke or commit either or both of these.
(iii)
Anysoever who shall be detected to have so deviated, fallen, incurred, provoked
or committed, or who shall confess to have done any of these things, or who
shall be convicted of having done any of these things.
These
sanctions, moreover, shall be incurred by all members of these categories, of
whatever status, grace, order, condition and pre-eminence they may be, even if
they be endowed with the Episcopal, Archiepiscopal, Patriarchal, Primatial or
some other greater Ecclesiastical dignity, or with the honour of the
Cardinalate and of the Universal Apostolic See by the office of Legate, whether
temporary or permanent, or if they be endowed with even worldly authority or
excellence, as Count, Baron, Marquis, Duke, King or Emperor.
All this
We will and decree.
3. Nonetheless, We also
consider it proper that those who do not abandon evil deeds through love of
virtue should be deterred therefrom by fear of punishment; and We are aware
that Bishops, Archbishops, Patriarchs, Primates, Cardinals and Legates, Counts,
Barons, Marquises, Dukes, Kings and Emperors (who ought to teach others and
offer them a good example in order to preserve them in the Catholic Faith), by
failing in their duty sin more gravely than others; since they not only damn
themselves, but also drag with them into perdition and into the pit of death
countless other people entrusted to their care or rule, or otherwise subject to
them, by their like counsel and agreement.
Hence, by this Our
Constitution which is to remain valid in perpetuity, in abomination of so great
a crime (than which none in the Church of God can be greater or more
pernicious) by the fulness of our Apostolic Power, We enact, determine, decree
and define (since the aforesaid sentences, censures and penalties are to remain
in efficacious force and strike all those whom they are intended to strike)
that:
(i) each
and every member of the following categories - Bishops, Archbishops,
Patriarchs, Primates, Cardinals, Legates, Counts, Barons, Marquises, Dukes,
Kings and Emperors - who:
(a) hitherto (as We have already said) have been
detected, or have confessed to have, or have been convicted of having, deviated
[i.e. from the Catholic Faith], or fallen into heresy or incurred schism or
provoked or committed either or both of these;
(b) in
the future also shall [so] deviate, or fall into heresy, or incur schism, or
provoke or commit either or both of these, or shall be detected or shall
confess to have, or shall be convicted of having [so] deviated, or fallen into
heresy, or incurred schism, or provoked or committed either or both of these;
(since in this they are rendered more inexcusable than the rest) in addition to
the aforementioned sentences, censures and penalties, shall also automatically,
without any exercise of law or application of fact, be thoroughly, entirely and
perpetually deprived of:- their Orders and Cathedrals, even Metropolitan,
Patriarchal and Primatial Churches, the honour of the Cardinalate and the
office of any embassy whatsoever, not to mention both active and passive voting
rights, all authority, Monasteries, benefices and Ecclesiastical offices, be
they functional or sinecures, secular or religious of whatsoever Order, which
they may have obtained by any concessions whatsoever, or by Apostolic
Dispensations to title, charge and administration or otherwise howsoever, and
in which or to which they may have any right whatsoever, likewise any
whatsoever fruits, returns or annual revenues from like fruits, returns and
revenues reserved for and assigned to them, as well as Countships, Baronies,
Marquisates, Dukedoms, Kingships and Imperial Power;
(ii)
that, moreover, they shall be unfit and incapable in respect of these things
and that they shall be held to be backsliders and subverted in every way, just
as if they had previously abjured heresy of this kind in public trial; that
they shall never at any time be able to be restored, returned, reinstated or
rehabilitated to their former status or Cathedral, Metropolitan, Patriarchal
and Primatial Churches, or the Cardinalate, or other honour, any other dignity,
greater or lesser, any right to vote, active or passive, or authority, or
Monasteries and benefices, or Countships, Baronies, Marquisates, Dukedoms,
Kingships and positions of Imperial power; but rather that they shall be
abandoned to the judgement of the secular power to be punished after due consideration,
unless there should appear in them signs of true penitence and the fruits of
worthy repentance, and, by the kindness and clemency of the See itself, they
shall have been sentenced to sequestration in any Monastery or other religious
house in order to perform perpetual penance upon the bread of sorrow and the
water of affliction;
(iii)
that all such individuals also shall be held, treated and reputed as such by
everyone, of whatsoever status, grade, order, condition or pre-eminence he may
be and whatsoever excellence may be his, even Episcopal, Archiepiscopal,
Patriarchal and Primatial or other greater Ecclesiastical dignity and even the
honour of the Cardinalate, or secular, even the authority of Count, Baron,
Marquis, Duke, King or Emperor, and as such must be avoided and must be
deprived of the sympathy of all natural kindess.
4. [By this Our
Constitution, which is to remain valid in perpetuity, We] further enact,
determine, decree and define:]
that those who shall have claimed to have the
right of patronage or of nominating suitable persons to Cathedral,
Metropolitan, Patriarchal and Primatial Churches, or to Monasteries or other
Ecclesiastical benefices which may be vacant by privation of this kind (in
order that those which shall have been vacant for a long time may not be
exposed to the unfit, but, having been rescued from enslavement to heretics,
may be granted to suitable persons who would faithfully direct their people in
the paths of justice), shall be bound to present other persons suitable to
Churches, Monasteries and benefices of this kind, to Us, or to the Roman
Pontiff at that time existing, within the time determined by law, or by their
concordats, or by compacts entered into with the said See; and that, if they
shall not have done so when the said period shall have elapsed, the full and
free disposition of the aforesaid Churches, Monasteries and benefices shall by
the fulness of the law itself devolve upon Us or upon the aforesaid Roman
Pontiff.
5. [By this Our
Constitution,] moreover, [which is to remain valid in perpetuity, We] also
[enact, determine, decree and define:] as follows concerning those who shall
have presumed in any way knowingly to receive, defend, favour, believe or teach
the teaching of those so apprehended, confessed or convicted:
(i) they shall automatically incur sentence of
excommunication;
(ii) they
shall be rendered infamous;
(iii)
they shall be excluded on pain of invalidity from any public or private office,
deliberation, Synod, general or provincial Council and any conclave of
Cardinals or other congregation of the faithful, and from any election or
function of witness, so that they cannot take part in any of these by vote, in
person, by writings, representative or by any agent;
(iv) they
shall be incapable of making a will;
(v) they
shall not accede to the succession of heredity;
(vi) no
one shall be forced to respond to them concerning any business;
(vii) if
perchance they shall have been Judges, their judgements shall have no force,
nor shall any cases be brought to their hearing.;
(viii) if
they shall have been Advocates, their pleading shall nowise be received;
(ix) if
they shall have been Notaries, documents drafted by them shall be entirely
without strength or weight;
(x)
clerics shall be automatically deprived of each and every Church, even
Cathedral, Metropolitan, Patriarchal, Primatial, and likewise of dignities,
Monasteries, benefices and Ecclesiastical offices, and even, as has been
already mentioned, of qualifications, howsoever obtained by them;
(xi)
laymen, moreover, in the same way - even if they be qualified, as already
described, or endowed with the aforesaid dignities or anysoever Kingdoms,
Duchies, Dominions, Fiefs and temporal goods possessed by them;
(xii)
finally, all Kingdoms, Duchies, Dominions, Fiefs and goods of this kind shall
be confiscated, made public and shall remain so, and shall be made the rightful
property of those who shall first occupy them if these shall be sincere in
faith, in the unity of the Holy Roman Church and under obedience to Us and to
Our successors the Roman Pontiffs canonically entering office.
6. In addition, [by this
Our Constitution, which is to remain valid in perpetuity We enact, determine,
decree and define:] that if ever at any time it shall appear that any Bishop, even if he be
acting as an Archbishop, Patriarch or Primate; or any Cardinal of the aforesaid
Roman Church, or, as has already been mentioned, any legate, or even the Roman
Pontiff, prior to his promotion or his elevation as Cardinal or Roman Pontiff,
has deviated from the Catholic Faith or fallen into some heresy:
(i) the promotion or elevation, even if it shall
have been uncontested and by the unanimous assent of all the Cardinals, shall
be null, void and worthless;
(ii) it
shall not be possible for it to acquire validity (nor for it to be said that it
has thus acquired validity) through the acceptance of the office, of
consecration, of subsequent authority, nor through possession of
administration, nor through the putative enthronement of a Roman Pontiff, or
Veneration, or obedience accorded to such by all, nor through the lapse of any
period of time in the foregoing situation;
(iii) it
shall not be held as partially legitimate in any way;
(iv) to
any so promoted to be Bishops, or Archbishops, or Patriarchs, or Primates or
elevated as Cardinals, or as Roman Pontiff, no authority shall have been
granted, nor shall it be considered to have been so granted either in the
spiritual or the temporal domain;
(v) each
and all of their words, deeds, actions and enactments, howsoever made, and
anything whatsoever to which these may give rise, shall be without force and
shall grant no stability whatsoever nor any right to anyone;
(vi) those thus promoted or elevated shall be deprived automatically, and
without need for any further declaration, of all dignity, position, honour,
title, authority, office and power.
7. Finally, [by this Our
Constitution, which is to remain valid in perpetuity, We] also [enact,
determine, define and decree]: that any and all persons who would have been
subject to those thus promoted or elevated if they had not previously deviated
from the Faith, become heretics, incurred schism or provoked or committed any
or all of these, be they members of anysoever of the following categories:
(i) the clergy, secular and religious;
(ii) the
laity;
(iii) the
Cardinals, even those who shall have taken part in the election of this very
Pontiff previously deviating from the Faith or heretical or schismatical, or
shall otherwise have consented and vouchsafed obedience to him and shall have
venerated him;
(iv)
Castellans, Prefects, Captains and Officials, even of Our Beloved City and of
the entire Ecclesiastical State, even if they shall be obliged and beholden to
those thus promoted or elevated by homage, oath or security; shall be permitted
at any time to withdraw with impunity from obedience and devotion to those thus
promoted or elevated and to avoid them as warlocks, heathens, publicans, and
heresiarchs (the same subject persons, nevertheless, remaining bound by the
duty of fidelity and obedience to any future Bishops, Archbishops, Patriarchs,
Primates, Cardinals and Roman Pontiff canonically entering).
To the greater confusion,
moreover, of those thus promoted or elevated, if these shall have wished to
prolong their government and authority, they shall be permitted to request the
assistance of the secular arm against these same individuals thus promoted or
elevated; nor shall those who withdraw on this account, in the aforementioned
circumstances, from fidelity and obedience to those thus promoted and elevated,
be subject, as are those who tear the tunic of the Lord, to the retribution of
any censures or penalties.
8. [The provisions of this
Our Constitution, which is to remain valid in perpetuity are to take effect]
notwithstanding any Constitutions, Apostolic Ordinations, privileges, indults
or Apostolic Letters, whether they be to these same Bishops, Archbishops,
Patriarchs, Primates and Cardinals or to any others, and whatsoever may be
their import and form, and with whatsoever sub-clauses or decrees they may have
been granted, even "motu proprio" and by certain knowledge, from the
fulness of the Apostolic power or even consistorially or otherwise howsoever;
and even if they have been repeatedly approved and renewed,have been included
in the corpus of the Law or strengthened by any capital conclaves whatsoever
(even by oath) or by Apostolic confirmation or by anysoever other endorsements
or if they were legislated by ourself. By this present document instead of by
express mention, We specially and expressly derogate the provisions of all
these by appropriate deletion and word-for-word substitution, so that these may
otherwise remain in force.
9. In order, however, that
this document may be brought to the notice of all whom it concerns, We wish it
or a transcription of it (to which, when made by the hand of the undersigned
Public Notary and fortified by the seal of any person established in ecclesiastical
dignity, We decree that complete trust must be accorded) to be published and
affixed in the Basilica of the Prince of the Apostles in this City and on the
doors of the Apostolic Chancery and in the pavilion of the Campus Florae by
some of our couriers; [we] will [further] that a quantity of copies affixed in
this place should be distributed, and that publication and affixing of this
kind should suffice and be held as right, solemn and legitimate, and that no
other publication should be required or awaited.
10. No one at all,
therefore, may infringe this document of our approbation, re-introduction,
sanction, statute and derogation of wills and decrees, or by rash presumption
contradict it. If anyone, however, should presume to attempt this, let him know
that he is destined to incur the wrath of Almighty God and of the blessed
Apostles, Peter and Paul.
Given in Rome at Saint
Peter's in the year of the Incarnation of the Lord 1559, 15th February, in the
fourth year of our Pontificate.
+ I, Paul, Bishop of the
Catholic Church of Rome
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