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Could a pope be in schism?

Canonical commentators new and especially old are wont to observe that schism, while conceivable in a ‘pure’ form, is in practice almost always bound up with a heresy.

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Concerns that Pope Francis could cause a schism in the Church have been percolating in Catholic circles for some time now: US Catholic,CruxInside the VaticanThe Spectator. More recently, though, a narrower and more technical question has begun to surface, namely, whether a pope himself could be in schism. Following are some initial thoughts on that question.

Canon 751 of the 1983 Code defines schism as “the refusal [detractatio] of submission to the Supreme Pontiff or of communion with the members of the Church subject to him.” The first thing to notice here is that schism is defined as a rupture between two persons (a schismatic and the pope qua pope) or as between a person and an institution (a schismatic and a Church enjoying communion with the pope). The Code does not recognize, say, ‘schism from Tradition’ or ‘schism from doctrine’ as schism, even if one’s discord with Tradition or doctrine prompts one’s act of schism.

Schism is, of course, a grave crime under Canon 1364 but, for a variety of reasons (incl. 1983 CIC 331 and 1404) the prosecution of an allegedly criminous pope is not possible and, even if a trial were possible, it is difficult to see how a pope could steadfastly and consistently refuse submission to himself or how one could steadfastly and consistently refuse communion with Churches in communion with himself—at least in any externally observable way as is necessary per Canon 1330. Pio-Benedictine law on schism (1917 CIC 1325 § 2) read virtually identically to the current law, but I’ve seen nothing yet that suggests its commentators had found a way for popes themselves to commit the crime of schism. Note that in the Catholic World Report interview linked above, Cdl. Burke answered  a question about the possibility of a pope being “in schism or heresy” affirmatively only in terms of heresy, not in terms of schismWhich brings us to the next point.

Canonical commentators new and especially old are wont to observe that schism, while conceivable in a ‘pure’ form, is in practice almost always bound up with a heresy, chiefly, it seems, with some variant on the notion that the Church never was, or at any rate no longer is, the Church that Christ founded; in other words, a bad ecclesiology could fester into a heresy strictly speaking (again, 1983 CIC 751 olim 1917 CIC 1325 § 2) and said heresy could in turn manifest itself in a state of schism. Canonical literature, as I and others have noted, finds the possibly of a pope falling into personal (or worse, public) heresy possible if not very plausible—meaning that such a scenario is one among others that centuries of daily Catholic prayers for the pope are offered to prevent.

Bottom-line: as to the specific possibility of a pope himself committing (as opposed to, Deus vetet, causing or occasioning in others) the crime of schism—I’m not seeing it.


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About Edward N. Peters 120 Articles
Edward N. Peters, JD, JCD has doctoral degrees in canon and common law. Since 2005 he has held the Edmund Cardinal Szoka Chair at Sacred Heart Major Seminary in Detroit. His personal blog on canon law issues in the news may be accessed at the "In the Light of the Law" site.

1 Comment

  1. “It is not possible to have Sacramental Communion without Ecclesial Communion “, due to The Unity Of The HolyGhost, For It Is, “Through Christ, With Christ, And In Christ, In The Unity Of The Holy Ghost”, that Holy Mother Church, outside of which there is no Salvation, due to The Unity Of The Holy Ghost, exists.

    Jorge Bergoglio’s apostasy was external and made public and notorious, when as a cardinal, he stated in his book, On Heaven and Earth, in regards to same-sex sexual relationships, and thus same-sex sexual acts, prior to his election as pope, on page 117, denying The Unity Of The Holy Ghost and demonstrating that he does not hold, keep, or teach The Catholic Faith, and he continues to act accordingly:
    “If there is a union of a private nature, there is neither a third party, nor is society affected. Now, if the union is given the category of marriage, there could be children affected. Every person needs a male father and a female mother that can help shape their identity.”- Jorge Bergoglio, denying The Sanctity of the marital act within The Sacrament of Holy Matrimony, and the fact that God, The Most Holy And Undivided Blessed Trinity, Through The Unity Of The Holy Ghost, Is The Author Of Love, Of Life, And Of Marriage, while denying sin done in private is sin.

    From The Catechism Of The Catholic Church:
    II. THE DEFINITION OF SIN
    “1849 Sin is an offense against reason, truth, and right conscience; it is failure in genuine love for God and neighbor caused by a perverse attachment to certain goods. It wounds the nature of man and injures human solidarity. It has been defined as “an utterance, a deed, or a desire contrary to the eternal law.”121
    1850 Sin is an offense against God: “Against you, you alone, have I sinned, and done that which is evil in your sight.”122 Sin sets itself against God’s love for us and turns our hearts away from it. Like the first sin, it is disobedience, a revolt against God through the will to become “like gods,”123 knowing and determining good and evil. Sin is thus “love of oneself even to contempt of God.”124 In this proud self- exaltation, sin is diametrically opposed to the obedience of Jesus, which achieves our salvation.125
    1851 It is precisely in the Passion, when the mercy of Christ is about to vanquish it, that sin most clearly manifests its violence and its many forms: unbelief, murderous hatred, shunning and mockery by the leaders and the people, Pilate’s cowardice and the cruelty of the soldiers, Judas’ betrayal – so bitter to Jesus, Peter’s denial and the disciples’ flight. However, at the very hour of darkness, the hour of the prince of this world,126 the sacrifice of Christ secretly becomes the source from which the forgiveness of our sins will pour forth inexhaustibly.”
    It is a sin to accomodate an occasion of sin, and thus cooperate with evils .”

    With his denial of The Unity Of The Holy Ghost, Jorge Bergoglio demonstrates that he is not only anti Filioque, he is also anti Pope.

    How can a schismatic be a validly elected Pope?

    “Whoever is against the Pope is, ipso facto, outside the Church.”

    Jorge Bergoglio prior, to his election as Pope, was in fact, against the Papacy, and no longer in communion with The Body Of Christ, Through The Unity Of The Holy Ghost, and thus no longer in communion with Christ..

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