Thursday, January 30, 2020

Ecclesiology Has Consequences

Never mind that the Roman Code does not apply to any church outside of the patriarchate of Rome.

Latin ecclesiology shapes/informs Latin canon law. (As Latin canon law is particular to the patriarchate of Rome alone, it cannot be used as a source of Tradition, as it is not derived from or accepted by the Church Universal.)

"The first see is judged by no one." (Canon 1556 of the 1917 Code, canon 104 of the new code.)

Ed Peters: A canonical primer on popes and heresy

In sum, it needs to be said clearly that a [publicly] heretical Roman Pontiff loses his power upon the very fact. Meanwhile a declaratory criminal sentence, although it is merely declaratory, should not be disregarded, for it brings it about, not that a pope is “judged” to be a heretic, but rather, that he is shown to have been found heretical, that is, a general council declares the fact of the crime by which a pope has separated himself from the Church and has lost his rank.

How does this solve the problem? A general council can make a statement that the pope has committed heresy but it cannot judge (that is, it does not have the legal authority to judge him guilty of a crime and give a punishment)? How is the former at all binding?

Related:
The heresy letter is intelligent, but doesn’t quite convince

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