© Copyright 2007, T. Stanfill Benns
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As Martin Gwynne observed in his work, Under the Laws of the Catholic Church the Papal See is Vacant, "The defection from the Church of a pope cannot happen, but it can appear to happen. And that is where Can. 188§4 and the teachings of St. Robert Bellarmine and other theologians [that a pope who is a manifest heretic loses all jurisdiction] play their part." He then notes that the infallible determination by the Vatican Council that the faith of Peter and his successor's can never fail confirms Cum ex and clarifies St. Bellarmine's teaching.

" This See of St. Peter remains ever free from all blemish of error, according to the Divine promise of the Lord, Our Savior, made to the prince of his disciples: 'I have prayed for thee that thy faith fail not, and that thou being once converted confirm thy brethren,' (Luke 22:32)…This gift, then, of truth and never-failing faith was conferred by Heaven on Peter and his successors," (Vatican Council, Sess. IV, Chap. 1).

" If those words, which are nowhere qualified, do not mean that a pope will not apostatize or fall into pertinacious heresy, words have lost their meaning," Gwynne commented. "…Since it is divinely revealed that the faith of a Pope will never fail, we can know with complete certainty that a pope who publicly and pertinaciously denies or doubts a definite truth of faith, was a heretic before his election and therefore never pope, even if direct evidence of his earlier heresy is lacking." In other words, the act of heresy itself tells us that it existed pre-election, even if it is not in evidence. That the faith of St. Peter and his successors could never fail was always an article of Divine faith. It was clarified forever, however, when it was defined at the Vatican Council. All the controversies of previous ages then were resolved and all other papal pronouncements touching on infallibility must now be viewed in the light of the Vatican Council's definition.

As Henry Cardinal Manning notes, "This definition, by retrospective action, makes all pontifical acts infallible, [when promulgated with the marks enumerated in the definition itself]…The doctrine of the Church does not determine the doctrine of the Primacy, but the doctrine of the Primacy does precisely determine the doctrine of the Church," (The Vatican Decrees in Their Bearing on Civil Allegiance). Manning explains this in relation to the fact that the Vatican Council never pronounced on the constitution of the Church itself, choosing rather to use the definition of infallibility and the primacy to hence determine what must be infallibly believed in reference to the make-up of the Church. All previous speculation, then, concerning "papal heresy" turns on this definition and must be adjusted accordingly. Hence Gwynne says that the Vatican Council only ratifies Paul IV's Bull. This can be proven from the fact that the bull also was retained as a source in the 1917 Code of Canon Law following the Council decisions (see the Latin version of the Code, which lists Cardinal Gasparri’s Fontes or sources) for Canons 188§4 and 2314, both dealing with heresy. As evident from what appears below, there is no contradiction between the Council' definition and Paul IV's understanding of Peter's never-failing faith.

Pope Paul IV states in paragraph one of Cum ex Apostolatus Officio: "Error in respect of the Faith is so grave and so dangerous that the Roman Pontiff, who is the representative on earth of God and our God and Lord Jesus Christ…who may judge all and be judged by none in this world, may nonetheless be contradicted if he be found to have deviated from the Faith… Also, it behooves us to give fuller and more diligent thought where the peril is greatest, lest false prophets (or even others possessing secular jurisdiction) wretchedly ensnare simple souls and drag down with themselves to perdition and the ruin of damnation the countless peoples entrusted to their care and government in matters spiritual or temporal; and lest it befall Us to see in the holy place the abomination of desolation spoken of by Daniel the prophet, We wish, as much as possible with God's help, in line with our pastoral duty, to trap the foxes that are busily ravaging the Lord's vineyard and to drive the wolves from the sheepfolds, lest We seem to be silent watchdogs, unable to bark, or lest We come to an evil end like the evil husbandmen or be likened to a hireling."
Regrettably such deviations from faith have occurred and they all center around the nature of vocation, the hierarchy, and the holiness of life the Church requires of Her priests. Before Paul IV's Bull was even written, St. Thomas Aquinas also wrote: "If the faith were endangered, a subject ought to rebuke his prelate even publicly. Hence Paul, who was Peter's subject, rebuked him in public on account of the imminent danger of scandal concerning faith, and, as the gloss of Augustine says on Gal. 2: 11: 'Peter gave an example to superiors that if at any time they should happen to stray from the straight path, they should not disdain to be reproved by their subjects," [Q. 33, Art. 4, Pt. II-II] ). We now continue from Cum ex…:

6. "Further, if ever at any time it becomes clear that any Bishop…Archbishop, Patriarch, or primate; or any Cardinal of the aforesaid Roman Church…or likewise if any Roman Pontiff before his promotion or elevation as a Cardinal or Roman Pontiff, [has strayed from the Catholic Faith or] fallen into some heresy, [or has incurred schism], then his promotion or elevation shall be null, invalid and void. It cannot be declared valid or become valid through his acceptance of the office, his consecration, subsequent possession or seeming possession of government and administration, or by the enthronement of or homage paid to the same Roman Pontiff, or by universal obedience accorded him, or by the passage of any time in said circumstances, [nor shall it be held as quasi-legitimate.] It shall not be considered to have given or to give any power of administration in matters spiritual or temporal, to such persons…elevated as Cardinals or as the Roman Pontiff. Rather, each and, every one of their statements, deeds, enactments, and administrative acts, of any kind, and any result thereof whatsoever, shall be without force and shall confer no legality or right on anyone. The persons themselves so promoted and elevated shall, ipso facto and without need for any further declaration, be deprived of any dignity, position, honor, title, authority, office and power…

" It shall be lawful for all and sundry who would have been subject to persons so promoted and elevated, had these not first strayed from the Faith or been heretics, or incurred or incited or committed schism; for clerics, secular or regular, and for laymen; likewise for Cardinals, even for those who participated in the election of one straying from the Faith, or of a heretic or schismatic to the Papacy, or who otherwise presented and pledged him obedience and paid him homage…to depart with impunity at any time from obedience and allegiance to said promoted and elevated persons and to shun them as sorcerers, heathens, publicans, and heresiarchs — though subjects of the same remain, nevertheless, bound in fealty and obedience to future Bishops, Archbishops, Primates, Cardinals and the canonically established Roman Pontiff. For the greater confusion of persons thus promoted and elevated, if they attempt to continue their government and administration, all may implore the aid of the secular arm against those so advanced and elevated. Nor shall they be liable to reprisal through any censure or penalty, as renders of the Lord's robe, for departing, for the reasons set forth above, from fealty and obedience to said promoted and elevated persons…" (end of Cum ex quotes).

The quotations listed below reflect the belief of the Fathers of the Church, the Popes and the canonists that a pope, by whatever means, could fall into heresy. As the decisions of the Vatican Council demonstrate, however, we can believe only that one presenting himself as pope who falls into heresy was a heretic pre-election, hence never became a pope. This because the Church has commanded us to believe, with Divine and Catholic faith, that when Christ promised Peter's faith could never fail, whether in his extraordinary or in his ordinary magisterium, His promise is to be taken as an absolute and irrevocable guarantee. As Rev. J.C. Fenton wrote in the December 1946 issue of The American Ecclesiastical Review, "Every dogmatic definition is the statement of a truth given to the Church before the death of the last Apostle. The expressed acceptance of the body of truth within which the defined doctrine belongs constitutes the profession of faith necessary for membership in the true Church of Jesus Christ," (The Necessity for the Definition of Papal Infallibility…"). 

" A pope who is a manifest heretic automatically (per se) ceases to be pope and head…wherefore he can be judged and punished by the Church. This is the teaching of all the ancient Fathers [a thing itself indirectly infallible], who teach that manifest heretics immediately lose all jurisdiction, " (St. Robert Bellarmine, de Romano Pontifice II.30.).

" Nobody among mortals dare to presume the Pope's faults, because the one who has to judge everybody should not be judged by anybody, except if he be found to have deviated from the straight way of the faith," (St. Boniface of Mainz, Decretum, Pt. 1).

" Faith is so necessary to me that, being so, only God may judge me of all other sins, but if I commit a sin against faith, I could be judged by the Church," (Pope Innocent III, Latin Patrology).

" Because of a cause affecting all the Church, a Pope may be judged; but not because of causes affecting only one or a few persons…," (Canonist Ruffin, 1164).

" The power of the Roman Pontiff is lost… (c) By his perpetual insanity or by formal heresy …" (Rev. Dominic Prummer, Manuale Iuris Canonici).

" A pope who falls into public heresy would cease ipso facto to be a member of the Church; therefore he would also cease to be head of the Church," (Wernz-Vidal, Ius Canonicum, Rome).

" Not a few canonists teach that, outside death and abdication, the pontifical dignity can also be lost by falling into certain insanity, which is legally equivalent to death, as well as through manifest and notorious heresy…" (Udalricus Beste, Introductio in Codicem).

" The power of the Roman Pontiff ceases by…certain and unquestionably perpetual insanity and notorious heresy," (A. Vermeersch, I. Creusen, Epitome Iuris Canonici).