Summa de Ecclesia

AFTER we have shown that the Roman pontiff outside the case of heresy by reason of his superiority has no judge on earth, it must now be treated whether through submission or subjection or collation of power made to another anyone can be made his judge who can judge him and inflict upon him the sentence of deposition where he should deserve it. In which matter, the sayings of St. Thomas in the fourth book, distinction 19, and of other doctors having been considered, and those things which have been said above concerning the superiority of the apostolic see and its prerogatives, it seems to us that in no way can the Roman pontiff make such submission to any person or college or give such power; nay if he should attempt it even with an oath, the cardinals consenting, he would do nothing. Which we shall take care to show from many things. In the first place blessed Thomas in the fourth where above to the question whether anyone can grant power to another to use upon him the power of the keys in the exterior forum so that anyone can excommunicate him: answers that he cannot. And assigning the reason in the answer of one argument he says thus: Exterior judgment is according to men: but the judgment of confession is as to God before whom one is rendered lesser from this that he sins, not however before the prelacies of men, and therefore in exterior judgment no one can give sentence of excommunication upon himself nor commit to another that he excommunicate him: but in the forum of conscience he can commit to another the absolution which he cannot use himself, these things St. Thomas. Of the same sentence is lord Albert, and lord Bonaventure who so says: Because a prelate namely the pope is over all, a prelacy which is extended as to prelacy over men cannot have it over him nor can he give it to another saving the right of his dignity by reason of which he can say: Against thee only have I sinned, and therefore he cannot give to another the power of excommunicating himself, these things he. Secondly it is argued from that which Bede says in ch. Sola, 14, q. 3, where he says: The Roman Church alone by its own authority can judge of all: but of it no one is permitted to judge. From which authority it is manifestly gathered that the Roman pontiff cannot submit himself to the judgment of anyone: since if the pope could submit himself to anyone as to a judge, now it would be permitted to judge of the Roman Church. Thirdly the same is argued from ch. Patet, that cause and q. 5, where Pope Nicholas so says: It is clear indeed that the judgment of the apostolic see, greater than whose authority there is no judgment, is to be retracted by no one, nor is it licit for anyone to judge of its judgment: against this he would come if the pope should submit himself to anyone as to a judge above him. Therefore etc. Fourthly the pope cannot do that which derogates from divine disposition, as is clear because divine law is immutable, distinct. 5. But the divine disposition is that the pope be superior to all as prelate and judge of all and no one his judge but God as is clear through many chapters. Therefore he cannot submit his person to the judgment of another: for now he would cease to be prelate of all. This reason is confirmed from ch. In nomine domini, distinct. 21, where Pope Nicholas argues: because the apostolic see is preferred to all churches in the whole world: therefore it cannot have a metropolitan above itself. Fifthly thus: No one having power committed by another can make any other change concerning it without injury to the committer unless with his good pleasure, this is clear. But the pope has the power which he has committed by Christ whose vicar he is: therefore he cannot alter it by committing it to another without special commission of God, but such commission is not read to have been made. Therefore etc. Sixthly it is argued thus: The vicar of a bishop does not seem to be able to subject himself to the judgment of any other whatsoever not superior to him without license of his bishop to whom his judgment pertains, but the pope is the immediate and general vicar of Christ: therefore it seems that to the judgment of no one without license of Christ can he submit himself, the consequence seems good. Seventhly it is argued confirming the reason made thus: No one can submit a cause which is reserved to the judgment of his superior to the judgment of another: but the causes of the Roman prelate God has reserved to His own arbitrament, as in ch. Aliorum, twenty-fourth question the third, and ch. Facta, in the same place, therefore the pope cannot submit the reasons of any cause touching his person to the judgment of another. Eighthly thus: Not less does there seem to adhere to the pope the privilege of his superiority which is so great that he has no superior but God than to a simple cleric the clerical privilege, but a simple cleric cannot submit himself to the jurisdiction of another, as in ch. Significasti, de foro competen., even if it be an ecclesiastical person without license of the bishop who is his judge. Therefore neither can the pope submit himself to the judgment of anyone without express license of Christ, who is his superior. Ninthly: A cleric cannot make it that anyone strike or punish him without penalty of excommunication, as in ch. Contingit, de senten. excommunica. And the reason of this is because public law cannot be derogated, de foro compet., Si diligenti. Therefore similarly through the place from the lesser it must be said in the pope that he cannot submit himself to the judgment of another. For this would be to derogate public law, since indeed the privilege of the apostolic see introduced not only in favor of the pope but in favor of the whole Church is public law, 1. di. Ius publicum, and regards the person of Christ. Tenthly thus: The pope cannot do that which implies contradiction, but that the pope, remaining pope, that is in prelacy and superiority over all the faithful, should submit himself to some faithful man or to some faithful men who could judge, punish and depose the pope himself the prelate of all and superior of all, implies contradiction. It is clear: because at once he would have to be called judge of all and subject to someone, and superior of all and subject to another, and all and some do not contradict. Eleventhly: The pope cannot do anything which tends to the diminution of his power or derogation of his apostolic dignity, but by submitting himself to the judgment of another, constituting someone judge above himself, he would diminish his authority and derogate his superiority as is clear. Therefore the pope cannot submit himself to the judgment of anyone who could judge him. From which the error of those saying that the pope can commit to a universal council or even to the emperor that it can depose him from the papacy is manifestly confuted.