Summa S. Thomae of
Charles Rene Billuart, O.P. (1685-1757)
Secunda Secundae, 4th Dissertation: On the Vices Opposed to
Faith.
~ Article 3 ~
I say that manifest
heretics, unless they are
denounced by name, or themselves depart from the Church, retain their jurisdiction and validly
absolve. This is proved by the Bull of Martin V, Ad evitanda scandala,
To avoid the scandals and the many perils that can befall
timorous consciences, we mercifully grant to the faithful of Christ, by the
force of this decree (tenore praesentium), that henceforth no one will be
obliged, under the pretext of any sentence or ecclesiastical censure generally
promulgated by law or by man, to avoid the communion of any person, in the
administration or reception of the Sacraments, or in any other matters sacred
or profane, or to eschew the person, or to observe any ecclesiastical
interdict, unless a sentence or censure of this kind shall have been published
by a judge, and denounced specially and expressly, whether against a person, or
a college, or university, or church, or a certain place or territory. Neither
the Apostolic Constitutions, nor any other laws remain in force to the
contrary.'
Then [the Bull] lists, as the only exception, those who are
notorious for having inflicted violence on the clergy. From these lines, we
argue that the Church is granting permission to the faithful to receive the sacraments from heretics
who have not yet been expressly denounced by name; and, therefore, that she allows the latter to retain
their jurisdiction for the valid administration of the sacraments,
since otherwise the concession granted to the faithful would mean nothing.
Our argument is confirmed by the current praxis of the
entire Church; for no one today ... avoids his pastor, even for the reception
of the sacraments, as long as he is allowed to remain in his benefice, even if
the man is, in the judgment of all or at least of the majority, a manifest
Jansenist, and rebellious against the definitions of the Church; and so on with
the rest.
I have said in my thesis, 'unless they depart from the
Church of their own accord'; for, by the fact that they depart from the Church,
they renounce her jurisdiction, and as a result we infer that the Church does not
continue to give it to them.... If manifest heretics had to be avoided before
their denunciation, this would endanger souls and generate anxiety of
conscience, since there would be
uncertainty as to who are manifest heretics, some persons affirming, and others
denying, as actually happened in the case of Jansenism. It is very difficult for lay people to
know with certainty if someone is a manifest heretic or not, since in
most cases the subject-matter of the heresy surpasses their understanding. For all these reasons, the Council
prudently decided that only those who have been denounced would have to be
avoided. These reasons, however, do not apply anymore once the heretic
leaves the Church of his own accord.
Nor does it follow from this—as if there were parity—that no
one should be considered a public sinner unless denounced; or that, consequently, the Eucharist cannot be
denied to any sinners except those who have been denounced. The
difference is, first of all, that the law and praxis of the Church require that
a heretic be denounced before he loses his jurisdiction, not for his own
benefit, but for the benefit and tranquility of the faithful. But the Church
does not require a denunciation for someone to be considered a public sinner,
or to be repelled from Communion, because the welfare and tranquility of the
faithful do not require that. Also, it is not the business of the faithful to
pass judgment on the jurisdiction of their ministers, and often it is
impossible for them to do so; but this pertains to the superiors who grant the
ministers their jurisdiction. It pertains to the ministers, however, to pass
judgment on those who receive the sacraments.
…
The pope… does not have his jurisdiction from the Church,
but from Christ. Nowhere has it been declared that Christ would continue to
give jurisdiction to a manifestly heretical Pope, since his heresy could become
known to the Church, and the Church could provide another pastor for herself. Nevertheless, the more common opinion
(sententia communior) holds that Christ, by a special dispensation, for the
common good and tranquility of the Church, will continue to give jurisdiction
even to a manifestly heretical pope, until he has been declared a manifest
heretic by the Church.
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