Category Archives: Debates

Clamorous errors in the Latin of the Renunciation

By Br. Alexis Bugnolo

Thus read the headlines in the newspapers within days of the publication of the official Latin text of the Act of Renunciation made by Pope Benedict XVI on Feb. 11, 2013: Clamorous Errors in the Latin text of the Renunciation. (here and  on point, here). These articles only spoke of the errors of commissum not commisso and vitae instead of vita.

And in this case, the headlines were not misrepresenting the reality. For I have discerned at least 40 errors!

Yet, the propaganda machine immediately went to work and anyone who on social media in 2013 began talking about errors was immediately and viciously attacked as judging the pope! — The real purpose was that the Lavender Mafia was very worried about anyone questioning the validity. I remember my professor in Canon Law diverting the lectures he made in February and March of that year to teach things about certain canons in an erroneous way so as to stifle any consideration of the invalidity. But he did it with such subtlety that only after all these years do I recognize what he did. — The other voices shouting down criticism of the Latin are all part of the circles of those conservative Cardinals who just impaled their reputations by demanding unquestioning obedience to Bergoglio after his acts of idolatrous worship and reverence. That was when the controlled opposition of Trad Inc. was born. It was their first act of loyalty to the regime. And it indicates they were positioned to respond and were told what to do.

So for the sake of a more exact historical truth, I will discuss here these errors and give an English translation of what Pope Benedict XVI’s Latin said (in a Later post, since there are too many errors to be discussed). I do this to correct any misunderstanding given by my previous English translation of the Act of Renunciation, in the article I entitled, “A Literal English translation of Benedict XVI’s Discourse on Feb. 11, 2013“, where by “literal” I mean faithful to the sense, not to the grammar of the Latin employed.

I base my comments on the Latin text on my own knowledge of the Latin tongue garnered in 14 years of translating of some nine thousand Letter sized pages of medieval Latin ecclesiastic texts into English. I will be the first one to say that I do not think I am an expert in the matter, but I do think it would be no exaggeration to say that there are only a handful of men alive today in the Church who have translated more Latin than myself. I also wrote a popular Ecclesiastical Latin Textbook and Video series, which I produced for Mansfield Community TV, in Massachusetts, USA, and which The Franciscan Archive distributed for some years after the publication of Summorum pontificum.

And thus, conceding I can always learn from others, I will also draw from two German Scholars who publicly critiqued the Latin text: the professor of Philology, Wilfried Stroh (see here) and those of Attorney Arthur Lambauer, a Vienese lawyer, whose comments are recorded in part here.

I can also give personal witness to the fact that the Latinists who have worked in the Vatican during the pontificates of John Paul II and Benedict XVI are aware of all of these errors (and probably of more) and have only been reticent for personal reasons, from what I gather from having had the occasion to dine with one at an Agritourismo, at Bagnoregio, Italy, in the summer of 2016.

First, the Latin Text in Black, with RED indicating the errors of expression (numbering each), after which I will comment on each error section by section, because there are so many. The official Latin text can be found at the Vatican Website (here).

Fratres carissimi

Non solum propter tres canonizationes (1) ad hoc Consistorium (2) vos convocavi (3), sed etiam ut vobis (4) decisionem (5) magni momenti pro Ecclesiae vita (6) communicem (7). Conscientia mea iterum atque iterum coram Deo explorata (8) ad cognitionem certam (9) perveni (10) vires meas ingravescente aetate non iam aptas esse (11) ad munus Petrinum aeque (12) administrandum.

  1. To say propter tres canonizationes is to mean for the sake of or on account of, three acts of canonizing. This grammatical structure in Latin means, not that the Pope has called the Cardinals together to conduct or announce the canonization of three groups or individuals, but that somehow the Cardinals have been convoked to honor the acts of canonizing or because the acts themselves cannot be completed without them. But the act of canonization is a papal act which does not require the Cardinals. Therefore, the correct Latin should be in trium canonizationum annuntiationem, that is, to announce my decision to decree three acts of canonization, as the Latin construction beginning with the preposition in is used to express purpose. This is a common error of those who have never carefully read any Latin text and who impose a modern meaning upon what they think a Latin preposition means.
  2. To say ad hoc Consistorium may very well be the custom of the Papal court — to this I cannot comment — however, in Latin, since consistorium is an act of standing together, not a place to which the Cardinals are convoked, but a solemn way of gathering together, the correct grammatical structure should be in hoc consistorio.
  3. A pope when he acts, speaks in the first person plural, that is, with the royal “We”. The man who is the pope, inasmuch as he is the man and not the pope, speaks with the first person singular, “I”.  Therefore, the correct form of the verb here should be convocavimus.
  4. The Latin verb communicem takes the preposition cum not the dative of reference, and thus vobis should read instead vobiscum. As it stands, the only possible grammatical function of vobis would be as a dative accompanying decisionem either as a dative of possession (your being cutt-off) or a dative of object with a verb of separation which begins with de- (a decision for you, a separation from you, etc.)!
  5.  I agree here with Dr. Stroh, that the word should be consilium not decisionem, because this latter Latin word means a “act of cutting off”, or at best an “act of making a decision”, which clearly is not apropos to the thing at hand, because the Pope has not included them in the decision making process, only declaring a decision which he has already made. And consilium is the proper word for such a thing as that, when done by a superior with authority, if Benedict has this in mind. But if he is playing on the double meaning of decisio and decisione in Latin and English, then decision must stand, but then the meaning is very different.
  6. This is the most absurd error of them all. The person who wrote this does not even understand that in Latin you use the dative of reference not a phrase beginning with a preposition as in modern languages. This should read Ecclesiae vitae, for as it stands it says on behalf of the life of the Church or for the sake of the life of the Church; unless of course he is making a reference to a grave threat to the life of the Church for which this act is intended to defend that life. This may be, but as nearly all modern computer programs which do translations into Latin get this wrong in just this way, I will presume it is ignorance, not a hint.
  7. Since the renunciation is by the person, not the pope, we see in the next sentence that He begins speaking in the first person as the man, but I think since this subordinate clause is still that part of the text said by the Roman Pontiff, as the Pontiff, it should be in the first person plural. communicemus. The sentence which follows, therefore, in the first person, should begin a new paragraph, to show this distinction of power.
  8. This is entirely the wrong word. Because this word in Latin refers to the exploration of a place or region or the investigation into a thing which physical dimensions or size, or is the military term for spying or watching something to gain information. It is never used with spiritual things, for certainly your conscience is not a world unto itself, it is a faculty of knowing. The correct term should be one which means exposed or settled, on account of the reference to being before or in the presence of God.
  9. These words are not only badly chosen but insufficient to precipitate the indirect discourse which follows. The correct Latin way of saying this is to write nunc bene cognosco quod (I now recognize well that) instead of ad cognitionem certam perveni (I have arrived at certain knowing).
  10. This verb does not have the sense of arrived, in matters which deal with knowledge. It rather means to attain, which would make sense if you were spying on the enemy, but to say you have attained certain knowledge by examining your conscience is absurd, because the conscience only recognizes moral truths, it is not the fount of knowledge or certitude.
  11. Here there is a clause in indirect discourse following cognitionem certam. The correct form, if such an expression be kept at all (cf. n. 9 above) should be introduced with quod and be in the nominative, not accusative, because the object of the certain knowledge is a fact known, not a knowing that. And thus, on account of the error in n. 9, the verb here should be sunt, the whole phrase reading vires mihi ingravescente aetate non iam aptae sunt. I think the emphatic dative of possession mihi should be used rather than the possesive adjective meae, because the strength spoke of is intimate to his physical being, not just some exterior possession.
  12. Doctor Stroh rightly points out that this is the wrong adverb. The correct one should be recte or apte or as I suggest constanter (rightly, aptly, or consistently).

Bene conscius sum (1) hoc munus secundum suam (2) essentiam spiritualem non solum agendo (3) et loquendo exsequi (4) debere (5), sed non minus patiendo et orando. Attamen in mundo nostri temporis (6) rapidis mutationibus subiecto (7) et (8) quaestionibus magni (9) pro vita fidei (10) perturbato ad navem Sancti Petri gubernandam et ad annuntiandum Evangelium (11) etiam vigor quidam corporis et animae (12) necessarius est, …

  1. The use of conscius is more common of knowledge had with others, but when of oneself, in the rare usage of the Latin poet, Terrence, this construction must be formed thus: mihi sum conscius, and not conscius sum, to show that the knowledge is of oneself but that the adjective precipitates indirect discourse. And thus a comma should be placed after conscius to conform to modern standards of punctuating Latin.
  2. Here there is simply the error of someone who thinks in Italian, because the possessive adjective for the third person, in Latin, is NEVER used for a thing in a sentence, only for the subject of a verb. The correct Latin, therefore should be eius though it could be omitted entirely since the phrase secundum essentiam spiritualem is a standard of measure and its object is implicitly understood. Dr Stroh rightly points out that naturam should be used instead of essentiam. I agree, because St Bonaventure says nature refers to the being of a thing as a principle of action.
  3. Here whoever wrote the text is ignorant that in Latin agere refers to all actions, physical or spiritual, and thus is an improper pair with loquendo which is also an act. It is difficult to understand to what the writer is referring, since nearly everything a pope does is by speaking. It is not as if he cleans toilets or does manual labor. Perhaps, the better word would be scribendo, that is writing.
  4. The Latin verb here is badly chosen, because exsequi refers to a work done, but the subject is not a work but a munus or charge, which is a thing. The proper Latin would be geri that is, conducted in the sense of the modern fulfilled or executed.
  5. This is the wrong verb to express what is intended. It is proper or necessary that the duties of the office be fulfilled. But it is not a debt, which is what debere means. The correct Latin should be oportere that is, that it is proper or necessary so as to reach the goal intended.
  6. Whoever wrote this has no experience reading Latin, as tempus refers to seasons. The concept of time in Latin is not the same as with moderns. The idea that seems to be the intent of the expression is in our our contemporary world, but Latin would say that as in saeculo nostro, because saeculum is the Latin term for the world in the sense of time, this generation, or culture, not mundum, which refers to the cosmos as a physical reality or place.
  7. And on account of error n. 6, this phrase must be rewritten entirely, as velocium or celerium mutationum using the genitive of description not dative of reference, and hence there is no need for subiecto. The Latin rapidus is used for hurried or swift changes, which is simply not historically accurate.
  8. And thus, likewise, on account of the dropping of subiecto this conjunction can be entirely omitted.
  9. Here the magni, of great value, seems hardly appropriate, because the questions of faith in modern times are nearly all the product of unbelievers fretting over their imagination of a world without God; magnis to agree with quaestionibus or magni momenti would be more correct. But magni can stand because it is so Ratzingerian as anyone can tell from his writings.
  10. Here there is the same error as before, and thus the Latin should read fidei vitae or fidei.
  11. Here you have the error of a First year Latin student who forgets that object go before verbs in Latin, not afterwards: the reading should be Evangelium annuntiandum.
  12. Here the wrong word is chosen, because clearly the soul does not grow old or weak by age, but the spirit does. And thus the correct Latin should be animi. Dr. Stroh agrees with me.

qui ultimis (1) mensibus in me modo tali minuitur (2), ut incapacitatem meam ad ministerium mihi commissum bene administrandum (3) agnoscere debeam (4). Quapropter bene conscius (5) ponderis huius actus plena libertate (6) declaro (7) me ministerio (8) Episcopi Romae, Successoris Sancti Petri, mihi per manus Cardinalium (9) die 19 aprilis MMV commisso (10) renuntiare ita ut a die 28 februarii MMXIII, hora 20, sedes Romae (11), sedes Sancti Petri vacet et (12) Conclave ad eligendum novum Summum Pontificem ab his quibus competit convocandum esse.

  1. In Latin you signify recent things by saying praecedentibus not ultimis. Dr. Stroh suggests: his praeteritis since the emphasis is on recent in the past.
  2. Here the tense is wrong, since the reference is to what has happened in recent months, and is still happening, the correct tense is the imperfect minuebatur and take mihi as a dative of reference not in me.
  3. It is nonsensical to say that you are administering a ministry, the better word should be gerere, as before.  But the entire phrase is incorrectly formed, since incapacitatem should follow the rule of capax and take an infinitive in predications (as in the Vulgate) or a genitive (Seneca) with adjectives or gerundives, so the whole should read ministerii mihi commissi bene gerendi.
  4. Seeing that the text is being read as if a decision is already made, to say that you “ought to acknowledge” is contextually out of place, according to time. Also, as a clause subordinate to an imperfect, it must be in the perfect subjunctive. The phrase should read something like iustum fuerit, “it was just that”.
  5. Attorney Lambauer rightly points out that this construction with conscius takes the reflexive pronoun mihi before it. But in proper syntax the ponderis huius actus should precede conscius. Two errors here.
  6. Now come the errors which touch upon the nullity, invalidity and irregularity of the act. Because the renunciation has to be made freely. That it is declared freely is good too, but presumed and not necessary, unless there is someone apt to think it was being forced. Why say this? So this phrase, if kept, should be with the verb renuntiare, and both should NOT be in indirect discourse, because to announce or declare that you are renouncing, is not to renounce anything, but to announce something, and that is not the act specified in Canon 332 §2 which requires a renunciation as the essential act, not a declaration.
  7. This verb if left should introduce a phrase which prepares the listeners about intent or such like, not the act of the renunciation.
  8. This is the wrong object of the Act of renunciation, which according to Canon 332 §2 should be muneri. Dr Stroh, writing it seems in February 2013, notes that this error makes the renunciation invalid. I agree!
  9. The Petrine Munus and Ministerium are not entrusted to the elected pope, but received by him in the Petrine Succession immediately as he says, “Yes, I accept my election”. This is basic papal theology 101. If you get that wrong, it can sanely be questioned whether you were compos mentis at the time of the act. Unless of course the entire phrase ministerio … per manus Cardinalium … commisso is meant to rebuke the Cardinals for allowing him a ministry but not conceding him any real authority. Though such an intent would be both sarcastic and effect the invalidity of the resignation. So this should read in succesione petrina or something similar
  10. This should be a me accepto or a me recepto, that is, “accepted by me” or “received by me”. –[Update Dec. 30, 2024] In the text, however, as read aloud on Feb. 11, 2013, Pope Benedict XVI says here “commissum” instead of “commisso”, and then the syntactical clause is me commissum ministerio …. renuntiare ut …, which in English would be, “that I as one committed to the ministry through the hands of the Cardinals on April 19, 2005, renounce, so that … “. If this was not later corrected the Abdication would have been a declaration of an intention to renounce in a valid way, and would have been using the form in the Code of Canon Law of 1917, which merely required that a pope say the word, “renounce”.
  11. This is the one phrase which is correct, but which no one but an expert in the Secretariate of State would know, because, as an eminent Vatican Latinist told me, it is the customary way of indicating the Roman time zone in Latin. Dr. Stroh and Attorney Lambauer, writing from Germany, did not know this.
  12. Here the indirect discourse should end, or rather, the expression of the first person, I, should end, because the calling of a conclave is a papal act, the man who is pope, who just renounced, has NO authority to call one. So here the Latin should resume with the Papal WE, et declaramus.

Fratres carissimi, ex toto corde gratias ago vobis (1) pro omni amore et labore (2), quo mecum pondus ministerii mei portastis et veniam peto pro omnibus defectibus meis (3). Nunc autem Sanctam Dei Ecclesiam curae Summi eius Pastoris, Domini nostri Iesu Christi confidimus (4) sanctamque eius Matrem Mariam imploramus, ut patribus Cardinalibus in eligendo novo Summo Pontifice materna sua bonitate assistat. Quod ad me attinet etiam in futuro (5) vita orationi dedicata Sanctae Ecclesiae Dei toto ex corde servire velim. (6)

Ex Aedibus Vaticanis, die 10 mensis februarii MMXIII

  1. Again, the error of the First Year Latin student. The phrase should read gratias vobis agimus. First because of the proper word order of Latin, second because He is now thanking them as the Roman Pontiff, because they collaborated with him, not as a man, but as the Pope, the verb should return to the first person plural. Two errors here.
  2. If you are grateful for their service and collaboration, you do not say amore et labore, which refer to physical work and physical affection; you say, rather, omnibus amicitiabus operibusque to show that the friendship and works were multiple and united one with the other. Four errors here.
  3. Again, the First Year Latin student’s error of getting the word order wrong. It should read: pro omnibus defectibus meis veniam peto and the phrase should be introduced by de vobis or de omnibus. Two errors here. It is also awkward to return to the use of the first person singular here, even though it it necessary regarding the confession made.
  4. Dr. Stroh rightly points out that this is the wrong verb, the correct Latin is committimus.
  5. Dr. Stroh again reminds that the correct Latin temporal expression is in futurum.
  6. In Latin there is no conditional. The subjunctive is used to express wishes, but not with the verb to wish! You say rather serviam, “may I serve” not servire velim, “may I wish to serve” which makes no sense, simply be more direct and say, “I wish to serve” (servire volo).

CONCLUSION

I think it would be no exaggeration to say, that if anyone saw even some of these errors and did not ask the Holy Father that they be corrected before the act was published, he sinned mortally against his duty of loyalty to the Roman Pontiff. I also think that the number of these errors is qualified forensic evidence that IF Benedict wrote this text and read it freely, that he was either not in a proper state of mind or did not act with mature deliberation.

Finally, if anyone says that the Act of Renunciation has no errors or must be accepted to be a Papal resignation, not merely a renunciation of ministry so as to devote oneself to prayer, then they are clearly talking about another document, because there are so many errors in this Act that no sane person could ever claim that it is binding on anyone. For if it was intended as an act of papal renunciation, and was written by the Pope, then clearly he has already lost too much of his mental faculty to renounce validly, because to renounce validly you at least have to know how to write an intelligible sentence, in whatever language you chose to renounce, and you have to name the office with a word which means the office. Duh!

Public Notice: I spent only 2 hours analyzing the text, so the Vatican surely had enough time to correct it before February 28, 2013, which was 17 days later. I speculate that they did not, because then someone would have objected that the word ministerio had to be changed to muneri, and the reality was that Pope Benedict was insisting that it not be, because He did not intend and had never intended to renounce the papal office or its grace.

 

 

Whether, with all Cardinal electors defecting, the Roman Church has the right to elect the Pope?

A Scholastic Question by Br. Alexis Bugnolo

In High Scholasticism, the Catholic Theologians, Saints and Doctors of the Church often considered many questions which were speculative, either in regard to what was true but unknowable by man (being hid in the mystery of God) or what could be in a special circumstance which may or may not ever come to be. As founder of The Scholasticum, an Italian non profit dedicated to the revival of the Scholastic Method, I believe that the Scholastic Method can greatly assist the Church even in Her most pressing needs and extraordinary crises. For that reason, I present here a Disputed Question, the import of which may arise, if His Holiness Benedict XVI pass to the Lord before Jorge Mario Bergoglio, and then only if, at such a time, the Cardinals holding fast to the faulty notion that Benedict’s resignation was valid, fail to convene within 20 days to elect his successor. For in accord with the current law on Papal Elections, Universi Dominici Gregis, n.37  Cardinals who do not attend a Conclave with that period no longer have their votes counted. (All references are to the new Code of Canon Law, Latin text; and the papal law on electing the Pope, Latin text.)

Whether, with all Cardinal electors defecting, the Roman Church has the right to elect the Pope?

And it seems that she does not:

1. For only the Cardinals of the Roman Church have the right to elect the Roman Pontiff, according to what is stated in Canon 349, where it says cui competit ut electioni Romani Pontificis provideat ad normam iuris peculiaris.  Therefore, since the Roman Church includes those Cardinals, Bishops and Clergy who are not Cardinal Electors, they have no such right. Therefore, the Church of Rome has no right to elect a Pope, even if all the Cardinal Electors fail to elect one.

2. Likewise, since the College of Cardinals has no authority during a Sede Vacante to act other than what is provided for in special law, namely, in the Law for Papal Elections, Universi Dominici Gregis, and this according to Canon 359, which reads: Sede Apostolica vacante, Cardinalium Collegium ea tantum in Ecclesia gaudet potestate, quae in peculiari lege eidem tribuitur; It follows that neither does the Roman Church, because what is denied a superior, is denied also to the inferior. But the College of Cardinals is denied license to act in any other way that what is proscribed in law, therefore also the entire Church of Rome which is inferior to the College.

3. Likewise, since the papal law, Universi Dominici Gregis, n.4, expressly forbids any variation or alteration in law during a Sede Vacante, when it says: Sede Apostolica vacante, leges a Romanis Pontificibus latas non licet ullo modo corrigi vel immutari, neque quidquam detrahi iis sive addi vel dispensari circa partes earum, maxime eas, quae ad ordinandum negotium electionis Summi Pontificis pertinent. Si quid contra hoc praescriptum fieri vel attentari contigerit, id suprema Nostra auctoritate nullum et irritum declaramus; there is nothing which the Roman Church can do, even if all the Cardinals defect, since there is no provision in Canon Law for such action.

4. Likewise, the ancient right of the Roman Church to elect the Roman Pontiff was abrogated when that right was restricted to the Roman Clergy, and again, when that right was further restricted to the Cardinals of the Roman Church. Therefore, no such right exists.

5. Likewise, the ancient right of the Roman Church to elect the Pope was no more than a custom of the Roman Church. But laws of custom have no force if they have not been observed for 1300 years (cf. Canon 26). Therefore, the Roman Church has no such right.

ON THE CONTRARY:

It seems that she does:

1. By Apostolic Institution of the Apostle Saint Peter, the Roman Church undubitably enjoyed the right to elect the Roman Pontiff.  This right was restricted by special degree in the 7th century to the Roman Clergy, and in 11th century to the Cardinals of the Roman Church. Yet such a restriction which was prudential and a benefice cannot extinguish the apostolic right, in accord with the principle of law, which states that general prescriptions take precedence to special benefices: Generale praescriptum beneficio speciali anteferendum est (Theodosian Code: DEM AAA. VICTORIO P(RO)C(ONSULI) ASIAE). Therefore, in the case that there are no Cardinal Electors, whether in fact or by defection to an Anti-Pope, or to a Heretical or Schismatic Church, the apostolic right of the Roman Church revives. Therefore, the Roman Church has such a right in their absence.

2. Likewise, by the Code of Canon Law, which declares that all rights which have never been revoked remain in force, according to canon 4, which reads: Iura quaesita, itemque privilegia quae, ab Apostolica Sede ad haec usque tempora personis sive physicis sive iuridicis concessa, in usu sunt nec revocata, integra manent, nisi huius Codicis canonibus expresse revocentur; but the right to elect the Roman Pontiff was indubitably granted by the Apostle Saint Peter to the Roman Church, and that right has never been revoked. Nay, it is the very justification and inherent principle maintained when the Roman Synod in the 7th century restricted the exercise of that right to the Clergy, and when the Pope in the 11th century restricted it further to the College of Cardinals. This is confirmed by canon 6 §4, which restricts the abrogation of previous laws and rights to those things which are integrally expressed in the New Code. But such case, of having no Cardinal Electors, is not provided for. Therefore, it is not integrally included. Therefore, the rights to be referred to in such a case are NOT obrogated. Therefore, that right remains in force always to be revived.

3. Likewise, the ancient right of the Roman Church to elect the Roman Pontiff was ever held to have the force of law. This is self evident from history. But as canon 25, teaches: Nulla consuetudo vim legis obtinet, nisi a communitate legis saltem recipiendae capaci cum animo iuris inducendi servata fuerit. But, such is the case with the ancient right of the Roman Church, especially since when this right was restricted, the ancient reason for it was never denied or explicitly abrogated. This is proven by the fact that the Cardinals are still called Cardinals of the Holy Roman Church. Therefore, in the absence of all Cardinals, whether by bad will or substantial error, the right returns to the Roman Church.

4. Likewise, custom is the best interpreter of law (Canon 27). But, when Pope John Paul II was near death, the Cardinals and Bishops in his presence presumed his consent to use his signet ring to appoint Bishops which he had already considered for nomination. And no one in the Church objected to this. Therefore, it is right to presume the consent of a lawgiver, in cases in which he never foresaw. But such is the case of a substantial error in a papal resignation, when all the Cardinals fail to notice that substantial error and are consequently led not to convene in Conclave to elect a successor, but cleave instead to an Anti-Pope which they elected uncanonically during the lifetime of the Pope. Therefore, in such an unforseen and extraordinary case, the Roman Church has a right to have recourse to the ancient law.

5. Likewise, from the principle of subsidiarity, that, namely, when a higher or more dignified part of the body politic fail, the right to act passes to the subordinate authority. This is based on the teaching of Pope Pius XI in Quadragesimo Anno: Just as it is gravely wrong to take from individuals what they can accomplish by their own initiative and industry and give it to the community, so also it is an injustice and at the same time a grave evil and disturbance of right order to assign to a greater and higher association what lesser and subordinate organizations can do. For every social activity ought of its very nature to furnish help to the members of the body social, and never destroy and absorb them. It is also supported by Pope John Paul II’s Papal Law on Elections, Universi Domini Gregis, where in the Prologue, the Holy Father says expressly that the College of Cardinals is “not necessary” as an institution “for a valid papal election”. — Thus, with all the Cardinals failing, it would be wrong to deny what the lesser and subordinate organization, the Roman Church, can do. Therefore, if all the Cardinal Electors fail to act on account of an obstruction which they themselves cannot or fail to remove, the Roman Church, as the entity to which they belong by incardination, receives license to resort to the Apostolic right which it has ever enjoyed, in part or whole, of electing the Roman Pontiff.

6. Likewise, from the Code of Canon Law itself, in canon 28: nisi expressam de iis mentionem faciat, lex non revocat consuetudines centenarias aut immemorabiles; hence, since the Apostolic right of the Roman Church is of time immemorial, and since that right is not expressly revoked in the present Code, it remains in force, in due circumstances. But the absence of all Cardinals Electors is not only a due circumstance, but one which puts the very constitution of the Church in the gravest danger, since the Office of Saint Peter is not only useful but necessary for the salvation of souls. Therefore, such a right cannot be considered abrogated by the new Code nor by the papal law on the Election of the Roman Pontiff, even if it seems to be expressly abrogated. Therefore, the Roman Church has such a right, in such circumstances.

Quod si pravorum, atque iniquorum hominum ita perveritas invaluerit, ut pura, sincera, atque gratuita fieri in Urbe non possit electio, Cardinales Episcopi cum religiosis Clericis, catholicisque laicis, licet paucis, jus potestatis obtineat eligendi Apostolicae Sedis Pontificem, ubi conguerit.
(Nicholas P.P. II, In Nomine Domini, §3, 13 Aprile 1059)

RESPONDEO:

I RESPOND:  It must be said, that whether by good will or bad, the act of electing a Roman Pontiff during the life time of a validly elected Roman Pontiff is both a crime against God and against the unity of the Church. It is a crime against God, since Christ has ordained only one man to be pope at any given time. — Likewise, the act of invalidly electing a man as Roman Pontiff, in violation with the existing papal laws on such an election, is likewise a crime against both God and the Church, since such a man who could never be the bond of unity, taking the place of the Roman Pontiff. — Likewise, the act of electing as Roman Pontiff a man who before his election was a formal manifeste heretic, is a crime against both God and the Church, because being a heretic, his election violates in the most horrid manner the rights all Catholics have to have a Catholic Pope in communion spiritually and canonically with Christ the Head of the Church.

Each is a crime against the unity of the Church, since causes causes a de facto schism between the Cardinals who adhere to their false pope and the entire Church which has a right to validly elected Catholic Pope.  Now, even if the Cardinals who do this, do so without malice, but operate under substantial error, nevertheless before the law they must be held to be guilty of the sin and crime of schism, whereby they lose every office and privilege in the Church.

Now, with Pope Nicholas II,  I say that the Roman Church, which has always held the right by apostolic privilege to elect the Roman Pontiff, enjoys in a special way the promise and right granted by Our Lord when He declares that “the gates of hell shall not prevail against My Church.” But the gates of hell would prevail against the Roman Church if it were deprived of a validly elected Pope and forced to submit to a public and obstinate heretic, an apostate, or a Freemason. Therefore, with Pope Nicholas II, I say that the Church of Rome has the right to elect the Roman Pontiff, in the particular case where all the Cardinal Electors refuse to elect according to the rules or elect a heretic (cf. Paul PP. IV, Cum ex apostolatus officio, n. 6, February 15, 1559).

For this reason, the arguments to the contrary are to be accepted, which sufficiently refute the arguments which contradict them.

Ad. 1. That one group has a right, according to a papal law, does not mean that another group does not have a right from some other font of law. Furthermore, the Roman Church has the right to elect the Roman Pontiff by Apostolic Law which is superior to Papal Law, for Apostolic Law is part of Divine Law and Sacred Tradition, which the Roman Pontiff can never abrogate.

Ad. 2. While it is true that all orders of clergy in the Roman Church are inferior to the College of Cardinals, it is not true that that College is superior to the Roman Church. Therefore, what is denied to an inferior, is not necessarily denied to a superior. Nay, the Papal power has denied the right of elections to inferiors, but has not denied the right to elect to the superior. Thus, ex silentio no argument can be made.

Ad. 3. While it is true that the Papal Law Universi Dominici Gregis denies to anyone but Cardinals to elect the Pope, it conditions this and all its provisions to elections during Conclaves. It says nothing about how to conduct an election by Apostolic right, though it does refer to such an election as valid in its introduction, as is clear.

Ad. 4. Right in one order of law is not abrogated when that right is applied by a lesser law in application. Thus when the circumstances of the application no longer hold, then that right revives. And such is the case when all the members of the College of Cardinals defect, or fail to convene within the time specified by the Papal Law.

Ad. 5. The ancient right of the Roman Church is no mere law of custom, since all Catholic theologians hold that it is of Apostolic ordinance. Thus while the custom of positive law could abolish customary law, it cannot abolish this right, which is no mere custom of men.