Latin Original,
with an English Translation by Br. Alexis Bugnolo
More than 5 years ago I published an English translation of Pope Nicholas II’s bull, In nomine Domini, which he wrote with the counsel of Saints Hildebrand, the future Pope Gregory VII, and Peter Damnian, the future Doctor of the Church against the homo-heresy. — Indeed, in the final paragraph which contains the censures against those who would dare violate this papal law, we can see the influence of the fiery zeal of Saint Hildebrand, where it combines a variety of curses found in the Psalms, against both clerics and laymen.
Recently with the help of a medieval scholar who has spent his life studying this Bull, I have come in the possession of a copy of this bull in its original version (see below). My previous translation was based on a copy of the Bull, in Latin, from a version which had been interpolated — that is, compiled by several existing versions, by a Scholar who attempted to interpret which precise wording was the original. While such a practice is widely accepted in the world of academics, it is always a very good thing to go back to the actual existing manuscripts and read them. The Latin text from the version published by the Church at Rome is that which I now publish, here below. — This papal version differs in nearly nothing from the interpolated version which I previously published and translated, but in the choice of words in a few passages, and in a few extra sentences at the end. — However, the paragraphs in the papal version are not numbered, so I have inserted numbers and joined some paragraphs together so that paragraph n. 3 in both versions regards what is to be done if a legitimate, honest and upright election cannot be held in the City of Rome.
This Bull of Pope Nicholas II is no obscure document, since it is the first Papal Bull which restricted the election of the Roman Pontiff to the Cardinals, two centuries before the first Conclave was ever held. It is even mentioned by name in the Apostolic Constitution of Pope Paul VI, Romano Pontifici eligendo, promulgated October 1, 1975, in its third paragraph, where it is called a “celebrated” constitution, that is, frequently used. It’s importance for today is that it explains, what other Papal Laws currently in force today do not, namely, “What is to be done if all the Cardinals forfeit their right and competence to elect the Roman Pontiff by reason of grave malfeasance, in conducting an illegal election or one which is declared invalid by papal prescriptions?” It is implicitly referred to also in the current Papal Law of Pope John Paul II, Universi Dominici Gregis, promulgated Feb. 22, 1996, where it says in its preface, that “the institution of the Conclave is not necessary for the valid election of the Roman Pontiff”, and again, wherein in n. 76 it declares any election violating its norms null and void, without however expressing what is to be done if the Cardinals fail to return into conclave because they maliciously will to hold as pope a man who is illegally elected.
Now follows my English translation of that.
Pope Nicholas II’s Bull “In nomine Domini”
April 13, 1059 A. D. — In the Constantinian Patriarchal Basilica of the Lateran, at Rome
Translated from the Papal Version of the text, published by Das Papstwahldekret von 1059. Echte Fassung, in: Jasper, Detlef. Das Pastwahldekret von 1059: Überlieferung unf Textgestalt. Sigmaringen: Thorbecke, 1986, pp. 98-109.
IN THE NAME OF THE LORD God, our Savior Jesus Christ. From the year of His Incarnation, 1058, in the month of April, in the Twelfth Indiction, with the Sacrosanct Gospels laid open, also with the Most Reverend and Blessed Nicholas, presiding as the Apostolic Pope, in the Lateran Basilica of the Patriarch, which is named the Constantinian, also with the most reverend Archbishops, Bishops, Abbots or venerable Priests and Deacons accompanying, seated, the Same venerable Pontiff, decreeing with Apostolic Authority, concerning the Election of the Highest Pontiff, said:
Most beloved Brothers and co-Bishops, and also inferior members (of the clergy), your Beatitude knows and it does not lie hidden, that with the passing of Our predecessor, the lord Stephen, of pious memory, how many adverse (troubles) this Apostolic See, which I zealously serve with God’s urging, has suffered through, and then how many repeated hammers and frequent blows She has been subjected to through the brokers of simonaical heresy, so much that the Column of the Living God almost seemed to totter and the net of the Highest Fisherman, with the storms swelling, would be driven into the depths of shipwreck to be submerged.
§ 1. Wherefore, if it please thy Brotherhood, We ought, with God assisting, take care prudently for future cases and this by Ecclesiastical statute, provide in the hereafter that (these) evils, revived, not prevail. On which account, having been instructed by Our predecessor and by the authority of the other Holy Fathers, We decree, and establish, that with the passing of the Pontiff of this universal Roman Church, first of all, the Cardinal Bishops, treating (the election) together with the most diligent consideration, summon immediately the Cardinal Clerics to themselves; and in this manner let the rest of the Clergy, and the People, approach to consent to the new election, so that, lest the deadly disease of venality insinuate itself by occasion, the most religious men be the chief leaders in the election of the Pontiff to be promoted, but the rest be their followers.
§ 2. And certainly the right and legitimate order of the election is here considered carefully, if it be gathered from having examined the diverse rules of the Fathers or their deeds, (and) even that sentence of Blessed Leo, (Our) predecessor, (who) said: “No reason permits, that there be had among Bishops, those who have neither been elected from the Clerics, nor requested by the common people, nor consecrated by the co-provincial Bishops with the judgement of the Metropolitans” (Pope Leo I, Letter to Rusticus of Narbonne, Migne PL 54, p. 1203 A/B). But because the Apostolic See takes precedence to all other Churches throughout the earth, and for that reason, too, She can have over Her no Metropolitan, the Cardinal Bishops with out doubt serve instead as Metropolitans, who namely promote the one elected as High Priest (antistitem) to the apex of the Apostolic Summit. Moreover, let them elect (him) from the very womb of the Church, if one is found suitable, and/or if he not be found in Her, let him be taken from another; with due honor being served, and reverence for Our beloved son, Henry, who is held as King at the present and with God conceding hoped (to be) the future Emperor, as We have already conceded to him and to his successors, who personally begged this right from this Apostolic See.
§ 3. Wherefore, if the perversity of depraved and iniquitous men, so prevail, that a pure, sincere and free election cannot be held in the City, let the Cardinal Bishops with the religious Clerics, and the Catholic laity, though few, obtain the right of power (ius potestatis) to elect the Pontiff of the Apostolic See, where they might judge it to be more fitting. Plainly, after the election has been completed, if there be a bellicose conflict, and/or if the struggle of any kind of men resists by the earnestness of wickedness, such that he, who has been elected, cannot prevail to be enthroned in the Apostolic See according to the custom, nevertheless, let the elect obtain as Pope the authority to rule the Roman Church and to dispose of all Her faculties, which Blessed Gregory, We know, did, before his own consecration.
§4. On which account, if anyone has been elected, or even ordained, or enthroned, against this Decree of Ours promulgated by Synodal sentence, whether through sedition, and/or presumption, or any guile, let him be cast down by the Divine Authority and that of the Holy Apostles, Peter and Paul, by a perpetual anathema with his promoters and supporters and followers as one separated from the thresholds of the Holy Church, just as the Anti-Christ, both invader and destroyer of the whole of Christendom, and let no audience be given him over this, but let him be deposed from every ecclesiastical grade unto whatever was before his, without any objection made, to whom if anyone whatsoever adheres, and/or exhibits any kind of reverence as to the Pontiff, or presumes to defend him in anything, let him be abandoned by equal sentence, which if anyone shows himself to be a violator of this sentence of Our Holy Decree, and has tried to confound the Roman Church by his presumption, and to raise disturbance against this Statute, let him be damned by perpetual anathema and excommunication, and let him be reputed among “the impious“, who “shall not rise again in judgement” (Psalm 1:5), let him know the wrath of the Omnipotent One against him, and that of the Holy Apostles, Peter and Paul, whose Church he has presumed to fool, let him know a ravaging madness in this life and in the future; “Let his dwelling become deserted, and let there be no one who dwells in his tents” (cf. Psalm 69:26): “Let his sons be orphans, and his wife a widow” (Psalm 108:9), “Let him be shaken completely” (cf. Psalm 108:10) to madness, and “may his sons go about begging, and be cast out of their dwellings” (Psalm 108:10). “May the money-lender ravage all his substance, and may the foreigner lay waste all his labors” (Psalm 108:11); “Let the whole world fight against” (cf. Wisdom 5:21) him, and let all the other elements be against him, and may the merits of all the Saints, at rest, confound him and in this life may they show open vengeance upon him.
§5. Moreover, may the grace of the Omnipotent God protect the observers of this Our decree, and by the authority of the Blessed Apostles, Peter and Paul may it absolve them from all bonds of sins.
I, Nicholas, Bishop of the Holy Catholic and Apostolic Roman Church,
have signed this Decree promulgated by Us, here above, as it reads.
