Michael Fighting
Home  •  Election   proofs •  Cum ex page  •  Papal bio
"Michael…who   standeth  for…thy  people," —  Dan. 12:1-12
Heretical and/or schismatic clergy are reduced to the lay state

One heresy alone is sufficient to incur the censure of ipso facto excommunication, irregularity and reduction to the lay state. The predominating heresy rife among Traditionalists — especially Sedevacantists  — is Lutheranism. Since such an accusation requires abundant proof, this has been presented separately.

In several translations of Cum ex schism is omitted as an offense in the important sixth paragraph. The definition of schism would exclude as Catholic all Traditionalists who have followed the false teachings of the Novus Ordo or Traditionalist ministers or leaders. A schismatic is defined by Rev. Ignatius Szal as: "one who, having received baptism and still retaining the name of Christian nevertheless refuses obedience to the Supreme Pontiff," (while yet recognizing him as the head of the Church) “or refuses to communicate with those members of the Church subject to him." In the strict sense, Szal noted, the following elements also are essential for schism to exist: "One must withdraw directly (expressly) or indirectly (by one’s actions) from obedience to the Roman Pontiff and separate oneself from ecclesiastical communion with the rest of the faithful; one’s withdrawal must be made with obstinacy and rebellion; in relation to those things by which the unity of the Church is constituted; yet despite this formal disobedience the schismatic must recognize the Roman Pontiff as the true pastor of the Church." This definition was not always so complete — it gradually developed over the centuries following the issuance of Cum ex. Finally, the Vatican Council forever made it impossible for schism to exist without heresy.

The 1917 Code of Canon Law states concerning heretics, apostates and schismatics: "All apostates from the Christian faith and every heretic or schismatic incur the following penalties:
1.)ipso facto excommunication;
2.)If they have been admonished and do not repent, they shall be deprived of any benefice, dignity, pension, office or other position which they may hold in the Church; they shall be declared infamous, and if they are clerics, they shall after renewed admonition be deposed;
3.)If they have joined a non-Catholic sect or have publicly adhered to it, they incur infamy ipso facto, and, if they are clerics and the admonition to repent has been fruitless, they shall be degraded. Can. 188§4 provides, moreover, that the cleric who publicly abandons the Catholic faith loses every ecclesiastical office ipso facto without any declaration.
4)Irregularity, which prohibits the reception or exercise of Holy Orders.

What is a non-Catholic sect? A non-Catholic sect is one which is not set up or supervised by ecclesiastical authorities possessing jurisdiction from a true Pope and obedient to him. Only the Roman Pontiff can erect dioceses and parishes, (Can. 215). Only bishops receiving jurisdiction from the Roman Pontiff can appoint pastors for diocesan parishes, (Cans. 955-956).  Since Traditionalists do not possess jurisdiction deriving from the Pope, they preside over non-Catholic sects by virtue of lay or self-appointment. These sects are public because a) they are open to the public; b) they are advertised in telephone books, newspapers and Traditionalist publications; and c) Traditionalists openly admit they belong to this sect and even write articles on religion.

Return to Cum Ex Summary