As I previously noted, willful obstinance is itself a necessary element of the crime of heresy, it does not suffice that its presence be presumed; it must be confirmed.
A canonical warning accomplishes this by removing any chance of innocent ignorance, and/or providing the suspect with a chance to affirm what was denied in a moment of weakness.
In addition to the canonical warning, in most cases the loss of office also requires a Declaratory Sentence of the crime.
There are some scholars who maintain that a Pope who professes a heresy cannot be warned. They say that a warning requires a judgment, and since “the first See is judged by no one”, no one is permitted to warn a Pope. They further maintain that a warning must come from a superior, and since the Pope has no superior on earth, it follows that he cannot be warned.
Both of these objections fail to consider that a warning can be either an act of justice (which is proper to a superior), or a work of mercy and therefore an act of charity. As an act of charity, an inferior can certainly warn, or fraternally correct, a superior, “provided,” wrote St. Thomas, “there be something in the person that requires correction.”
Once the Pope’s pertinacity has been sufficiently established, an imperfect Ecumenical Council would issue a Declaratory Sentence of the crime of heresy, which declares that the Pope has willfully professed heresy and has shown himself to be obstinate and incorrigible.
It must be understood that the Declaratory Sentence merely confirms what has already occurred, namely, that the Pope has deprived himself of the Pontificate by virtue of his willful and persistent crime of heresy. The Declaratory Sentence does not cause the deposition of the Pope. It merely confirms that the Pope has deposed himself of his office.
Cardinal Burke has said that his threatened act of issuing a "formal correction" should be considered an act of charity not a judgment of justice. I wonder if he is not suggesting that a future formal act of correction might not be seen to be the first warning which would proceed a move on his part to attempt to convene the College of Cardinals to take further canonical actions.
In other words, is the Cardinal somehow laying the groundwork for an eventual attempt to institute a process to actually depose Pope Francis?
I know this sounds incredulous, but still I wonder.
Certainly, the recent actions of Cardinal Burke have disturbed many Catholics.
On Wednesday retired Greek Catholic Bishop, Frangiskos Papamanolis, who is the emeritus bishop of Syros, Santorini and Crete, accused the letter-writing four of risking “schism” in the church. The Greek bishop said that he was “deeply concerned for the good of the cardinal’s souls” for “two very serious reasons” of “heresy” and “scandal”. In the strongest response yet, the bishop accused the four of them of receiving communion “sacrilegiously” – not the divorced and remarried, as they suggest.
Papamanolis said: “The fact that you are the proud holders of the title of cardinal does not change the meaning of your words, which are gravely offensive for the Bishop of Rome. If you are ‘deeply concerned for the true good of souls’ and moved by ‘an impassioned concern for the good of the faithful’, I, dearest brothers, am ‘deeply concerned for the good of your souls’, for your two very serious sins: the sin of heresy (and apostasy)? This, indeed, is the way schisms begin in the church) and the more serious sin of scandal given publicly to the Christian people.”
We can only hope that Cardinal Burke and Pope Francis will find a pathway to dialogue and resolution before such a terrible wound is inflicted upon the Body of Christ.
What is certain at this point, however, is that the rift between the conservative leadership which Cardinal Burke represents and moderate leaders who support Pope Francis has publicly widened. In an unprecedented fashion, a number of Prelates have openly made statements repudiating Cardinal Burke’s recent actions and statements. They have responded in kind.
When Cardinals and Bishops war among themselves as they have been doing so publicly, the Christian faithful are left in a state of wonderment and confusion. As the rhetoric intensifies, there is serious danger of scandal indeed.
In my next article, I shall offer just a sampling of the comments which certain members of the Hierarchy have offered in recent days.
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