Are the Cardinals Able to Judge a Case of Papal Heresy?
S. B. Smith provides a possible answer: There are two opinions: one holds that he is by virtue of divine appointment, divested ipso facto, of the Pontificate; the other, that he is, jure divino, only removable. Both opinions agree that he must at least be declared guilty of heresy by the church-i.e., by an ecumenical council or the College of Cardinals. The Cardinals of hte Holy roman church constitute the Senate ofhte Roman Pontiff, and assist him in the government of the Church as principle advisors and assistances. (Canon 230)During the vacancy of the Holy See, the Sacred College of Cardinals and the Roman Curia have not powers except those defined by the Constitution "Vacante Sede Apostolica," of POpe Pius X, December 25, 1904. (Canon 241) Note this has been replaced by "Vacantis Apostolicae Sedis" by Pope Pius XII.One of the most solemn duties of the College of Cardinals over the past millenium has been the election of a Pope, when the Pope dies, or as in the case of Pope Saint Clement V, resigns. (Note the lat time the Cardinals did not exclusively vote was at the end of the Western Schism. The election of Pope Michael exlucded Cardinals, because of their resignation for electing Angelo Roncalli in 1958, who was not papabile.) It is most likely that the Cardinals are considered here because they would have to fill the vacancy caused by Papal Heresy. However, can the Cardinals judge their superior? No one may judge the Pope in any way, shapr or form. Could they issue a declaratory sentence that the Pope has reisgned by his heresy? Let us look back to the beginning of the Western Schism. The Cardinals assembled in Rome after the long Babylonian Captivity had been ended by the Pope's return to Rome, when the Pope died. The Romans put pressure on the Cardinals to elect a Roman, probably to prevent another exile of the Pope. The Cardinals gave in and elected Pope Urban VI, the last non-Cardinal elected to the Papacy until Pope Michael. Then the Cardinals left Rome and assembled, declaring that this force invalidated the election. They then proceeded to elect another to the Papacy, Antipope Clement VII. Pope Benedict XIV confirms the validity of Pope Urban VI and his successors: to-day it is evident that Urban VI, and his successors were legitimate Pontiffs. This establishes two principles. The first is that the first in time is the first in right. The second is that the force does not invalidate a Papal Election. This has been expanded that nothing, but electing a heretic, can invalidate an election. Saint Alphonsus declares: It doesn’t matter that in past centuries some pontiff has been elected by fraud: it suffices that he has been accepted after as pope by all the Church, for this fact he has become true pontiff. Pope Saint Pius X removed simony as an invalidating cause in a Papal Election, although simony is indeed a sin. Unfortunately in history several have bought the Papacy, but this does not invalidate their papacy. The reason is simple, the confusion that would ensue from trying to declare such a one not to be Pope is worse than tolerating a public mortal sinner in the Papacy. The only time the Cardinals intervened in a case of the Papacy proved to be a disaster, the Western Schism. Could the Cardinals have ended the problem they started on October 28, 1958, when tehy allowed Angelo Roncalli, a non-Catholic, to usurp the Papacy? Fr. Saenz approcahed some of the more conservative Cardinals in the late '60's or early '70's to obtain their assistance. However, by electing someone that was totally unqualified, the Cardinals resigned their own offices of Cardinal. All they could have done is confessed their crime, and convened the Bishops to call an imperfect Council to fill the vacancy. Actually three Cardinals were unable to participate in this horrible crime in 1958 and in a similar crime in 1963 and therefore remained the sole elector(s) of the Pope. The Cardinals who perpetrated the crime should have moved heaven and eartht o obtain the release of Carindal Mindzenty or when he was released confessed to him their crime, so that he could fill the vacancy. Yes, if only one Cardinal survived or was able to proceed, then he would be the sole elector. He would however, have to elect someone other than himself. In other words, he would not ipso facto become Pope. History tells us that it is imprudent to claim that the Cardinals can declare a Pope a heretic after he has committed heresy. Therefore the conclusion that it is impossible for a Pope to become a heretic, even as a private person, is the safer proposition. 
Michael Fighting
