CAN A COUNCIL DEPOSE THE POPE?

Lucio Mascarenhas.
Orthopapism II/Michaelinum | Index of Articles

Catholic Encyclopedia Article on General Councils

This question is a legitimate one, for in the history of the Church circumstances have arisen in which several pretenders contended for papal authority and councils were called upon to remove certain claimants. The Councils of Constance and Basle, and Gallican theologians, hold that a council may depose a pope on two main grounds:
  1. ob mores (for his conduct or behaviour, e.g. his resistance to the synod)

  2. ob fidem (on account of his faith or rather want of faith, i.e. heresy).
In point of fact, however, heresy is the only legitimate ground. For a heretical pope has ceased to be a member of the Church, and cannot, therefore, be its head. A sinful pope, on the other hand, remains a member of the (visible) Church and is to be treated as a sinful, unjust ruler for whom we must pray, but from whom we may not withdraw our obedience.

But the question assumes another aspect when a number of claimants pretend to be the rightful occupants of the Apostolic See, and the right of each is doubtful. In such a case the council, according to Bellarmine (Disputationes, II xix, de Conciliis) has a right to examine the several claims and to depose the pretenders whose claims are unfounded. This was done at the Synod of Constance. But during this process of examination the synod is not yet Ecumenical; it only becomes so the moment the rightful pope assents to its proceedings. It is evident that this is no instance of a legitimate pope being deposed by a legitimate council, but simply the removal of pretender by those on whom he wishes to impose will.

Not even John XXIII could have been deposed at Constance, had his election not been doubtful and himself suspected of heresy. John XXIII, moreover, abdicated and by his abdication made his removal from the Apostolic See lawful. In all controversies and complaints regarding Rome the rule laid down by the Eighth General Synod should never be lost sight of: "If a universal synod be assembled and any ambiguity or controversy arise concerning the Holy Church of the Romans, the question should be examined and solved with due reverence and veneration, in a spirit of mutual helpfulness; no sentence should be audaciously pronounced against the supreme pontiff of the elder Rome" (can. xxi. Hefele, IV, 421-22).
Lucio Mascarenhas.
Orthopapism II/Michaelinum | Index of Articles
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