Gerardus Maiella, the proprietor of Lumen Scholasticum, has translated the French canonist Marie Dominique Bouix’s treatment of a heretical pope. Bouix was a great enemy of Gallicanism and a defender of the rights of the papacy, and he achieved some measure of fame in France during the turbulent years of the 19th century. Criticized by Creagh in the old Catholic Encyclopedia as “too often a compiler rather than a genuine author,” Bouix walks through the various arguments concerning a heretical pope. However, this supposed flaw in Bouix’s scholarship is a boon to those of us who follow current events because Bouix walks through the various arguments, including arguments current in the Catholic press, and details the objections to those arguments.
It is worth noting—especially as there will be, we suppose, objections to Bouix’s ultimate conclusion—that Maiella has done a great service to his readers by painstakingly linking to the works cited by Bouix. Consequently, one can simply read Bouix’s sources and see if they bear out the conclusion he reaches.
Of some interest is Bouix’s objection to Suárez’s opinion that a general council can declare that a pope has deposed himself by his heresy, though not as an act of jurisdiction over the pope. This opinion has had some adherents down through the years, including the eminent canonist F.X. Wernz. However, Bouix’s objection puts the matter in a different light:
That a general council can be congregated to declare the heresy of the Pontiff, and that after this declaration the Pontiff is deposed by Christ, is not a dogma, but a mere opinion. Therefore the faithful and the doctors will be free still to consider the Pope who has been declared a heretic as the true and legitimate Pontiff; and to reject as false the one who would be elected in his place. No indeed, it would easily happen that many Bishops would consider such a general council to be illegitimate, and would refuse to attend. But if such a council were at least celebrated, its legitimacy could licitly be denied; and moreover, it could also be denied that the Pope, who, before the synodal sentence, had not yet been deposed for heresy, was now deposed after the declaratory sentence. Therefore this system not only offers an evil remedy, but it adds a much greater evil; namely, it opens the door to a very entangled schism.
It seems to us that Bouix’s objection has some merit, and it well worth pondering. It may be that there are compelling responses to Bouix. However, it is hard to get around his point that Suárez’s argument is but an opinion, and it is licit to hold the contrary opinion.
We won’t spoil the rest of the interesting treatment and we urge you to check it out.
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