How Benedict has defeated “Francis”

by Br. Alexis Bugnolo

Pope Benedict XVI, who has been lauded by many as a brilliant theologian, is in my opinion, a more brilliant chess player, for he has defeated the AntiChurch with the most incredibly subtle and effective manuever which could ever be conceived, and which takes a great deal of study to recognize, if you, like myself, took at face value the hearsay which has been put out for the last six years.

Admittedly, the honor and glory for it belong first of all to God, Who enlightens all men and inspires them at times to do things mere mortals could never conceive of. But also, thanks goes to God for sending Our Lady to Fatima to reveal to Sr. Lucia a secret which has until this day remained hidden, so as to give sound counsel to the true Successor of Saint Peter in the End Times.

How Pope John Paul II strengthened the Bulwark of the Church against the AntiChurch

I believe that with that knowledge, Pope John Paul II did 3 things: first, he chose Joseph Ratzinger to come to Rome and prepared him to succeed him (perhaps because he sensed that Ratzinger had the gift of prophecy); second, in 1983, he added the term munus to canon 332 §2, to constrain all of his successors to the obligation of renouncing the Petrine Munus so as to resign the papacy; and third, in 1996, he promulgated a new law on Papal Elections, which would nullify any attempt of the AntiChurch to usurp the Papacy or elect successors to AntiPopes (by requiring that all valid conclaves meet within 20 days after the death of valid popes).

Pope John Paul II warned the Church of the AntiChurch which was rising. He beatified Ann Catherine Emmerich (on the Vigil of St. Francis of Assisi, in 2004) to give papal approval to her own visions in this regard. It should not be surprising then, that in secret, or I should say, in the bright light of day, in papal acts he prepared the Church against that Evil to come!

By these three acts, Pope John Paul II set the chess board and enabled his chosen successor, Ratzinger to enact a stratagem of deception to defeat the forces of darkness.

The Forces of the AntiChurch struck quickly

No sooner than Pope John Paul II had died that the St Gallen Mafia, which had been meeting in that Swiss town for some years, mobilized to put Bergoglio on the Apostolic Throne in the Conclave of 2005. Bergoglio, as is now known, garnered the most votes after Ratzinger. In his campaign to get elected he promised radical financial reforms in the Vatican, so he could pose as a savior and reformer, though his agenda was that of Cardinal Martini, to make the Church into the Bride of the Anti-Christ.

Recently an Argentine Priest revealed, that Pope Benedict, soon after his election in 2005, had asked Bergoglio to be Secretary of State (see report here). Benedict intended by this offer to diffuse the conflict which arose in the Conclave, and to draw out the real intentions of Bergoglio. Bergoglio’s refusal manifested his deceit, because all the reasons given in the Conclave for his election, which in truth could be done by a Secretary of State, if honest, would have spurred him to accept Benedict’s offer. But without the papal authority, his evil and malign agenda could not be advanced. — By this sign of offering the olive branch of peace, Benedict signaled to his own supporters, that after himself there would come an Anti-pope (cf. Prophecy of St Malachy).

With the threefold knowledge of the future had from the Third Secret, from Pope John Paul II and from his own experience in the CDF, Pope Benedict now knew what he had to do. He knew Bergoglio wanted power and would be blinded by its offer. He took preparations to defend the Church with tradition and as the pressure built from the St Gallen Mafia, he crafted their defeat in secret. At the same time, he openly warned the faithful, that the Message of Fatima was about to be fulfilled (On May 13, 2010, saying “We would be mistaken to think that Fatima’s prophetic mission is complete…”).

Benedict knew that removing the Lavender Mafia from the Vatican was key to defending the Church. But as court documents revealed, in the WikiLeaks controversy, as that effort led to the destruction of the careers of many sodomites, they moved against Benedict to have him removed. His Pontificate had removed hundreds perverts from the clergy.

As I have written before, there was in my estimation a formal attempt at a Coup d’etat (see report here). And this was actually put in motion, with the intent to effectively imprison Pope Benedict (see Report here). — The Conclave pact in 2005 among the warring factions of Ratzinger (Church) and Bergoglio (Anti-Church) also prepared the way (see report here). But, with their cause lost at that conclave, the St. Gallen Mafia would have to wait for Benedict to resign, because being old, he revealed that he was inclined to resign in a few years, anyhow. As he lingered on, however, their rage and impatience exploded.

The restoration of the Ancient Mass (July 7, 2007) and the expansion of the permissions for its use (April 30, 2011) caused a general outburst among the wicked clerics. I myself know this took place in the Italian Bishop’s Conference in 2011, because a Bishop who attended told me how Cardinals and Bishops stood up, one after another, and said the most vile things against Benedict. I also know personally, from the testimony of a Sicilian Businessman, who was in Shanghai, that the Cardinal of Palermo had warned that Benedict could die within a year from poor health. The St Gallen Controlled Media expanded this and reported it as if the Cardinal has said that Benedict had a year to live or else. That report was published around Feb. 11, 2012! (note the date)

Benedict’s Master Stroke

Pope Benedict XVI then played his master stroke. In the Summer of 2012 he indicated to Cardinal Bertone that he was going to resign. He discussed the matter with no one but his secretary Ganswein and a few others. I believe that he wrote the text of abdication in the Fall of 2012. I also postulate that he intentionally showed the Latin text (the invalid one) and a faulty German translation (which makes it appear the Latin is a valid formula) to members of the St Gallen Mafia, to obtain their consent to it. By that act he sealed their doom.

Because only one who was fluent in Latin and knowledgeable about Canon Law and who accepted the traditional metaphysics of the Church would be able to see that the resignation by that formula would be invalid. Ratzinger further prepared the ground by emphasizing for years before, that his favorite theologian was Saint Bonaventure. This caused scholars, like myself, to start studying St. Bonanveture’s Scholatic method for textual analysis of the signification of expressions, which is unparalleled among all the Doctors of the Church.

On Feb. 11, 2013, he read out-loud in Consistory the text of the invalid formula. On Feb. 28, 2013 he explained that he had resigned the “active ministry”. The St. Gallen Mafia spread the word of a valid resignation. The rest is history.

The only thing is, that Benedict began to give signs of the truth, not only for the sake of the Faithful, but to annoy the St Gallen Mafia. He kept wearing the papal cassock, retained the titles of Your Holiness and signed with PP. Benedictus XVI, and continued to give the papal blessing. He did these things to get faithful Catholics to examine the text of resignation and discover it was invalid. — He did this also, because, I believe, he was obeying Our Lady’s word at Fatima, in which She had revealed that there would come a time in which the Catholic world thought there were 2 popes, but only one of which was the true pope. The one who was the true Pope would continue to wear white, the other would usurp the office; and that the Anti-Church would attack the true Pope and the faithful gathered about him.

By an invalid resignation Pope Benedict has canonically invalidated everything Bergoglio has done, can do, and can ever do! Bergoglio is now an AntiPope because of the clever trick Benedict played on him. And Bergoglio is so entangled by this stratagem of Benedict that he cannot admit its existence, because if he does, he must give up his claim to the papacy.

If Benedict should die, then there will be no valid Successor of Saint Peter unless the pre-Bergoglian Cardinals meet in conclave within 20 days. Otherwise, as Pope John Paul II declares in the promulgation of Universi Dominici Gregis, at the end of the text, any action the Cardinal Electors take will be invalid. If they fail to do this, the Church will not be bereft of a pope, because, as Pope John Paul II taught in UDG’s prologue, the institution of the College is “not necessary for a valid election” of the Roman Pontiff: there is still the ancient Apostolic Law regarding the right of the Roman Church to elect the Pope.*

Benedict has defeated “Francis”!

mrxwmdna


Note: I wish to publicly apologize to His Holiness Pope Benedict XVI for anything I have said in criticism of him, since it was not until today that I understood what he had did and why he had done it, nor that as Pope he was acting for the good of the Church in the best and only way he could see to do, acting on the  basis of the counsels of Our Lady and Pope John Paul II. — Finally, I entertain the possibility that some Cardinals know of this grand stratagem of Benedict and that is why they act so dumb when asked about the question of validity or invalidity of the resignation.

FOOTNOTE:

* The right of election will fall to those Catholics of the Diocese Rome, who recognize that Benedict always was the only true pope, and that Bergoglio was always and is only, and nothing more, an Antipope. See my Disputed Question on Defecting Cardinals, here.

 

 

 

 

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

28331-cardinal

By 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 test.)

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.

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. Its a crime against the unity of the Church, since it causes a de facto schism between those who adhere to the true Pope and those who adhere to usurper and false pretender.  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 the Roman Church, which has ever held the right by apostolic privilege of electing 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 never prevail against My Church.” But the Gates of Hell would prevail against the Roman Church if she were deprived of a validly elected Pope and forced to submit to a pertinacious public heretic, apostate or Freemason.  Therefore, the Church of Rome has the right to elect the Roman Pontiff, in the special case wherein all the Cardinal Electors fail to exercise their right to do so. But in accord with the papal law, Universi Dominici Gregis, this right must be exercised within 20 days after the death of the Roman Pontiff.

Therefore, if Pope Benedict XVI dies before Jorge Mario Bergoglio, and after 20 days no Cardinal Elector convenes in Conclave to elect his successor, the Roman Church, composed of all the Cardinals, Bishops and Clergy, incardinated in the Diocese of Rome, excluding those who adhere to the de facto schism, have the right to elect the Roman Pontiff.

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

 

 

 

 

Qualsiasi Cardinale Elettore ha il diritto di richiedere che lo scandalo del “Team Bergoglio” venga chiarito

Cardinal Jorge Mario Bergoglio takes the vow of secrecy at opening of the 2013 Conclave (BBC, screenshote by From Rome blog, cropped)

il Cardinale Jorge Mario Bergoglio emette il voto di segretezza alla apertura del Conclave, Marzo 12, 2014 (BBC, screenshot: From Rome blog, cropped)

L’UDG 5 e il Canone 1530

Traduzione italiana di Sig. Antonio Marcantonio: fonte inglese originale, qui.

Roma, 17 gennaio 2015: Dal momento in cui si sono diffuse le rivelazioni a proposito della campagna organizzata da otto Cardinali per favorire l’elezione del Cardinal Bergoglio al Conclave del 2013 – in cui quest’ultimo è stato eletto come Papa Francesco – si è aperta una controversia pubblica accompagnata da seri dubbi circa la validità dell’elezione. Nella norma papale che regola l’elezione di un pontefice, la Costituzione Apostolica Universi Dominici Gregis, mancano infatti i termini specifici che avrebbero impedito che i fatti dovessero essere interpretati in base alle norme generali del Codice di Diritto Canonico, in modo particolare ai Canoni 171 e 1329.

Nel paragrafo 81 della Universi Dominici Gregis (che abbrevieremo con la sigla UDG), il reato della promessa di voti è sanzionato con la scomunica automatica, in modo tale che un Cardinale Elettore viene scomunicato nell’atto stesso di promettere un voto. In base al Canone 1329, la scomunica automatica si estende alla persona che richiede la promessa del voto, anche se si tratta di un Cardinale Elettore. In base ai termini del primo paragrafo del Canone 171, i voti degli elettori scomunicati, anche quando si tratta di Cardinali in un conclave, non possono essere contati come voti a favore del candidato che essi menzionano sulla scheda; inoltre, in base al secondo paragrafo dello stesso Canone, se i voti degli elettori scomunicati sono conteggiati tra quelli a favore del candidato, in modo tale da fargli raggiungere il numero di voti necessario per la vittoria, quest’ultima viene annullata a tutti gli effetti in conformità con le norme sull’elezione.

La facti species, ovvero l’apparenza dei fatti narrati nel libro del Dr. Ivereigh, Il Grande Riformatore: Francesco e la creazione di un Papa radicale (traduzione italiana del nostro sommario, qui), parla dunque a favore dell’invalidità dell’elezione di Papa Francesco, ossia del fatto che egli non abbia ottenuto il suo ufficio con mezzi leciti, legali o legittimi. Ciò implicherebbe che non solo i Cattolici si possono dissociare dalla comunione con lui, ma hanno anche l’obbligo morale di farlo se non vogliono incorrere nel peccato mortale.

Le accuse, attendibili, concernono quindi un autentico scandalo.

L’UDG 5 offre una semplice soluzione allo scandalo del “Team Bergoglio”

Grazie a Dio, Papa Giovanni Paolo II ha provveduto, nella sua legge papale sul conclave, una facile soluzione di cui qualsiasi Cardinale si può servire: tale soluzione risiede nei termini sanciti dal quinto paragrafo della legge papale, l’UDG 5, il cui testo ufficiale in latino recita:

  1. Si quae autem dubia exoriantur de sensu praescriptionum, quae hac Nostra Constitutione continentur, aut circa rationem qua ad usum deduci eae debeant, edicimus ac decernimus penes Cardinalium Collegium esse potestatem de his ferendi sententiam; propterea, eidem Cardinalium Collegio facultatem tribuimus interpretandi locos dubios vel in controversiam vocatos, statuentes, ut, si de eiusmodi vel similibus quaestionibus deliberati oporteat, excepto ipso electionis actu, satis sit maiorem congregatorum Cardinalium partem in eandem sententiam convenire.

La nostra traduzione non ufficiale in italiano è la seguente:

  1. Inoltre, se dovesse sorgere uno di questi dubbi a proposito delle prescrizioni contenute in questa Nostra Costituzione, o a proposito del criterio secondo cui esse devono essere messe in pratica, Noi dichiariamo e giudichiamo che il potere di emettere un giudizio su di essi spetta al Collegio dei Cardinali; conferiamo inoltre al Collegio dei Cardinali la facoltà di interpretare i passi dubbi e/o contestati, in modo tale che quando esso emette sentenze su questioni di questo tipo e/o similari – eccetto il caso specifico dellelezione – sia sufficiente che la maggioranza dei Cardinali riuniti si trovino d’accordo sulla stessa opinione.

In questo paragrafo, Papa Giovanni Paolo II chiarisce vari punti: in primo luogo, il Sacro Collegio ha autorità e giurisdizione su questioni riguardanti il significato dei singoli paragrafi e sul metodo da usarsi per applicarli; in secondo luogo, il Papa stabilisce che siano i Cardinali che devono deliberare in merito a ciò, che bisogna procedere a una votazione e che le decisioni devono essere prese dalla maggioranza dei Cardinali Elettori riuniti.

In altre parole, dunque, la legge papale stabilisce nell’UDG 5 che i Cardinali Elettori riuniti sono i giudici dei casi che possono sorgere a proposito della legge papale stessa. L’unica materia su cui non si possono pronunciare è l’atto stesso dell’elezione,: ossia, non possono giudicare se l’atto abbia avuto luogo o no, bensì possono solamente valutare se si è aderito debitamente ai termini della legge papale e se questi siano stati seguiti. Già nel paragrafo 4 l’UDG stabilisce che ogni inadempimento dei termini rende le elezioni nulle e non valide: non v’è quindi bisogno che i Cardinali giudichino la validità dell’atto stesso.

È pertanto sufficiente che i Cardinali si riuniscano, deliberino in merito al caso dello scandalo del “Team Bergoglio” e lo dirimano. Potranno dibattere sulla veridicità delle accuse e investigare sui fatti chiedendo ai testimoni oculari se l’UDG 81 sia stato violato tramite un accordo sui voti perpetrato dai sostenitori del Cardinal Bergoglio.

Il Canone 1530 garantisce il diritto di indagare sulle accuse

Il Canone 1530 garantisce il diritto di ogni Cardinale e ognuno con interesse, come ogni clerico o laico della Chiesa di Roma, a esigere che si indaghi in un concistoro sulle accuse relative allo scandalo del “Team Bergoglio”. Garantisce infatti al giudice di ogni contenzioso il diritto e il dovere di indagare sui fatti relativi alle controversie e di dirimerle, su richiesta di una qualsiasi delle parti in causa. Il testo del Canone recita:

Can. 1530 — Iudex ad veritatem aptius eruendam partes interrogare semper potest, immo debet, ad instantiam partis vel ad probandum factum quod publice interest extra dubium poni.

La nostra traduzione non ufficiale in italiano è la seguente:

Canone 1530 — Il giudice può – e ancor più, deve – sempre interrogare le parti per scoprire la verità in modo più efficace, quando una delle parti lo solleciti e/o per provare un fatto di pubblico interesse e sciogliere ogni dubbio su di esso.

In questo caso sarebbe l’intero Collegio dei Cardinali Elettori a ricoprire il ruolo di giudice, mentre ogni singolo Cardinale Elettore – insieme a quelli accusati di accordare i voti – può ricoprire il ruolo di parte in causa. Ogni singolo Cardinale può quindi esigere che il Sacro Collegio indaghi sulle accuse. Ciò è possibile solo se si interroga ogni singolo Cardinale di fronte agli altri. Si può fare ogni tipo di domanda. Il Canone 1531 esige che la persona interrogata dica la verità. I Cardinali eserciterebbero in tal modo tutto ciò che è prescritto sui contenziosi nell’edizione del 1983 del Codice di Diritto Canonico (cfr. Canone 1501 e seguenti).

La soluzione è semplice. La questione del “Team Bergoglio” può essere risolta facilmente. Perché dunque non si apre alcun contenzioso? E perché i sostenitori del “Team Bergoglio” si scagliano così violentemente contro l’ipotesi di un’indagine?

The Monstrosity of the Allegations against “Team Bergoglio” = Cardinal Bergoglio is not the Pope

Rome, Dec. 12, 1014:  The monstrosity of the allegations made by Dr. Austen Ivereigh in his new book, The Great Reformer: Francis and the making of a Radical Pope boggle the mind.  As this blog has noted in its previous report, the text of the narrative in chapter 9 of that book, implicates as many as 30 Cardinal electors in activity which seems likely to violate the papal law on Conclaves, Universi Dominici Gregis (here after UDG), promulgated by Pope John Paul II in 1996.

In that law, in paragraph 81, all forms of vote canvassing which include vote promising were punished with automatic excommunication (latae sententiae).  Yet canons 1329 and 1331 expand that penalty and indicate the consequences, even if the validity of the Conclave’s vote for Cardinal Bergoglio is not put in question by means of canon 171 §2, as this blog has speculated from the beginning. Let’s take a look then at these 2 canons.

The effects of Canon 1329: not only Cardinal Electors, but all accomplices

The From Rome blog has noted in its reports that the punishment was leveled only against Cardinals who could vote. However, the monstrosity of the allegation grows from the fact that Canon 1329 § 2 extends the effects of the penalty issued in UDG 81.

Canon 1329, § 2 reads, in the Latin:

Can. 1329§2. In poenam latae sententiae delicto adnexam incurrunt complices,qui in lege vel praecepto non nominantur, si sine eorum opera delictum patratum non esset, et poena sit talis naturae, ut ipsos afficere possit; secus poenis ferendae sententiae puniri possunt.

The official English translation of this, from the Vatican website is:

§2. Accomplices who are not named in a law or precept incur a latae sententiae penalty attached to a delict if without their assistance the delict would not have been committed, and the penalty is of such a nature that it can affect them; otherwise, they can be punished by ferendae sententiae penalties.

Thus, not only are the Cardinal Electors who sought vote-promises and those Cardinal Electors who promised votes in danger of excommunication from UDG 81, but also all those who assisted in this, such as:

  1. The aged Italian Cardinal, whom Ivereigh alleges tallied the votes, since without his assistance the conspiracy could not measure its success and by means of this count were encouraged to engage in the alleged illicit activities.
  2. A Cardinal-non-Elector, such as the alleged ring-leader, Cardinal Cormac Murphy-O’Connor, since in providing direction and organization for a conspiracy, the head of it assists in a manner in which the crimes could not have been committed as regards specific acts or their numerosity.  This is true even if the head of a conspiracy does not do the act which is criminalized.
  3. Any Cardinal, Bishop, Priest, or layman who assisted as messengers or solicitors between those asking for votes and those promising them.
  4.  Cardinal Jorge Mario Bergoglio, inasmuch as if he knew of the conspiracy, could have prevented it by signifying his unwillingness to allow such a campaign to go forward, which he could have done by merely threatening to reveal it during the Conclave; for knowledge of a conspiracy from which one benefits along with omission of all acts sufficient to bring such a conspiracy to naught or gravely obstruct it, is complicity before or during the act.  And no such conspiracy could succeed, without such at least tacit consent, since every Cardinal Elector upon being asked for his vote, could have confirmed the consent of Cardinal Bergoglio to such a campaign by asking him personally and directly.  That the alleged campaign go forward, therefore argues that it had some sort of consent from the Cardinal.

This might explain why in both denials of Dr. Ivereigh’s narrative, the spokeswoman for Cardinal Murphy-O’Connor and the spokesman for the Holy Father, Fr. Frederico Lombardi, S. J., have explicitly denied that Cardinal Bergoglio was asked by any of the Cardinals for his consent to the vote-campaigning.

The enormity of this implication is seen when we apply the effects of Canon 1331.

Canon 1331 requires that an excommunicated Pope-elect never exercise or hold office

Canon 1331 explains the effects of all excommunications latae sententiae. In the official English version, from the Vatican website this canon reads:

Can. 1331 §1. An excommunicated person is forbidden:

  1. to have any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever;
  2. to celebrate the sacraments or sacramentals and to receive the sacraments;
  3. to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance.

§ 2. If the excommunication has been imposed or declared, the offender:*

  1. who wishes to act against the prescript of §1, n. 1 must be prevented from doing so, or the liturgical action must be stopped unless a grave cause precludes this;
  2. invalidly places acts of governance which are illicit according to the norm of §1, n. 3;
  3. is forbidden to benefit from privileges previously granted;
  4. cannot acquire validly a dignity, office, or other function in the Church;
  5.  does not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church.

Which means, that if Dr. Ivereigh’s allegations are true, and if Cardinal Bergoglio had knowledge of the conspiracy and expressly or tacitly consented to it, then he would be incapable of holding the office of Pope, or making any acts which pertain to that office, such as nominate bishops, call Synods, or name Cardinals!

______________________

* That penalties of excommunication which are leveled automatically (latae sententiae) by a general decree are imposed in the very act of the commission of the criminalized activity, can be had from canon 1314. Some canonists wish to restrict the term “imposed” [imponere] only to penalties leveled by a specific written decree naming the individual(s) — but that violates the signification of the Latin verb, which means “to place upon” (in the same sense as we say in English, “leveled”), not “declared or indicated in by a specific decree” — not to mention it also ignores the patent distinction made in canon 1314.  In any case, the Church could not endure such a situation, and the Sacred College of Cardinals in a special consistory would have the necessity, in virtue of the authority granted them in UDG 5, of resolving the matter and/or proceeding to a new election.

4 Ways the “Team Bergoglio” Revelations undo Francis’ papacy

Cardinal Jorge Mario Bergoglio takes the vow of secrecy at opening of the 2013 Conclave (BBC, screenshote by From Rome blog, cropped)

Cardinal Jorge Mario Bergoglio takes the vow of secrecy at opening of the 2013 Conclave (BBC, screenshote by From Rome blog, cropped)

Editorial — Rome, Dec. 7, 2014:  The scandalous and shocking revelations regarding the manipulation of the electoral process during the recent conclave, which elected Jorge Mario Bergoglio as Roman Pontiff, have cut and the very heart of confidence in the papacy of Pope Francis.  While this blog, From Rome, has refrained for 2 weeks from editorializing on the news, in this post, on the Vigil of the Immaculate Conception of the Blessed Virgin, it seems proper to draw out the moral and political consequences of Dr. Austen Ivereigh’s revelations for the Catholic World.

As we recalled yesterday:

The Church according to the oft declared teaching of Pope Francis, himself, should not be a place where the powerful silence the weak or hide behind their offices like aristocratic princes, concerning whom no action can be questioned and nothing untoward be imputed, regardless of whether it is true.  For this reason, the “Team Bergoglio” story, whose history has been chronicled here at this blog (see here), represents one of the greatest challenges to the integrity, transparency and honesty of the Bergoglian papacy, if not its very validity in law.

Yet, as that chronicle details, the revelations and denials and the alterations of the narrative published by Dr. Ivereigh, for the reasons Ivereigh gave on his twitter feeds and in recent reports, belie that image.

First of all, because the foundation of popular confidence in any modern government is the fulfilled expectation of fairness in the highest levels of government.  Catholics the world-over, especially those from the more influential, affluent West, who keep the Vatican supplied with funds in the form of alms, have a deep conviction that the selection of the Pope should follow the rules and seek a candidate in an honest manner.  A short-cut of those rules, by a cleverly manipulated maneuver destroys that confidence.  The point is not so much whether such things happened in the past: the whole tenor of ecclesiastical politics since Vatican II has been to break with the traditions of the past, in the name of greater conformity of the Gospel. A return to the carnal machinations of medieval times, thus, will only redound to a loss of respect and confidence in the Papacy of Cardinal Bergoglio.

The disgust at such politic-ing prior to the Conclave was most eloquently expressed by one anonymous commentator, days ago, when he wrote:

A former member of a religious order with American and European members told me that everyone was instructed not to caucus before the order’s elections, and the Americans dutifully complied. Oddly enough, even though the Americans were a majority, the leadership elected was always European. After he left, another former priest who was French confided that the Europeans ALWAYS caucused.

Thus, if the papal law on elections of the Roman Pontiff, known by its Latin title, Universi Dominic Gregis (UDG), specifies that there is to be no vote canvassing of any kind in n. 81 of that document, the advantage had by those who do canvass for votes, is immeasurable, so long as every penalty which could arise from such a high-crime can be avoided.

And it is just that, which every “Team Bergoglio” apologist who has come out of the wood-work in recent days, has advocated:  total impunity for violation of the rules of the Conclave.

This impunity would arise, if UDG 81 imposed a penalty which had no effect as regards the general ecclesiastical law expressed in canon 171, which would otherwise nullify elections in which those penalized by UDG 81 with excommunication participated under the conditions it details.  For if the rules when violated infer upon the guilty no canonical effect, then there are the greatest motives to violate the Conclave rules by all means possible and necessary to get your candidate elected.  Something equivalent, in a perverse sense, to the addage, the victor takes all.

Rules will always be observed by the conscientious; therefore, a just and orderly society must punish severely those who do not follow the rules, for otherwise, the criminal will be advantaged by the mere existence of rules not enforced. And this is diametrically opposed to end for which rules and laws are promulgated.

Second, the discrepancies in the carefully worded denials of Dr. Ivereigh’s claims makes it appear that the claims are true.  This is simple logic.  What Dr. Ivereigh recounts in his book on Pope Francis, The Great Reformer: the Making of a Radical Pope, is given in a straight-forward, matter-of-fact manner, without any intention or motive to make Cardinal Bergoglio appear to be anything other than he is.  It is for that reason a book to be valued for all future historians who wish to know Bergoglio the man.  And for that reason, the testimony of Dr. Ivereigh has a high probity to it.  This probity is the higher in the case of the “Team Bergoglio” allegations, because, as this blog has demonstrated, Dr. Ivereigh was present in Rome for the Conclave in 2013, both before and afterwards, and during that time he confessed to have met with Cardinal Murphy-O’Connor, the alleged head of “Team Bergoglio”.  Even the Cardinal himself, as reported here at the From Rome blog, admits to having lead the effort to get Bergoglio elected, and to have had confidence in that effort as of March 12, 2014.

Thus the claim by the English Cardinal, issued by his spokeswoman, Maggie Doherty, in the form of a letter to the editor, in the Nov. 25 Monday edition of the Telegraph newspaper is beyond belief for its form and content.  In it, Doherty declares that the English Cardinal did not obtain the assent of Cardinal Bergoglio to campaign for him.  Who is there, in the entire world, who thinks that Cardinals of the Roman Church, renowned for their sense of propriety and good-manners, would ever canvass for votes prior to asking the prospective candidate for his consent? Why would a Cardinal spend so much time organizing such an effort, if the candidate himself had not expressed formal explicit consent?  And why would any Cardinals cooperate with Cardinal Murphy-O’Connor in such a campaign, if he had told them that Cardinal Bergoglio had not given his consent.  There were no restrictions on movement during the Conclave: any Cardinal could have confirmed with Cardinal Bergoglio his views on such a matter.  If Cardinal Bergoglio did not give his assent by word or sign, the campaign would never have gotten off the ground. For these reasons the denial given by Cardinal Murphy-O’Connor, if it is not entirely false, must be wholly misleading:  consent must have been given, those asking for such a consent and those giving it, therefore, must either be those denied for having done so, or intermediaries which they chose for this purpose, so as to provide a plausible deniability to the affair.

The carefully worded denial, issued by means of unofficial channels by Fr. Frederico Lombardi leads to the same conclusion.  That denial, in our own unofficial English translation from the Italian, declared in Fr. Lombard’s name:

I can declare that all of the four Cardinals, just named, explicitly deny this description of the facts, both as much as regards the request of prior consent on the part of Cardinal Bergoglio, and as much as regards the conduction of a campaign for his election, and (that) they desire to be known that they are stupefied and opposed to what has been published.

For it is morally impossible that Cardinal Murphy-O’Connor by himself could have conducted such a campaign, as he and the Pope both admitted to (reported in the Wall Street Journal article from August 6, 2013) without the assistance of other Cardinals.  And as the English Cardinal admitted in his interview with the Catholic Herald last year, he was recognized by the newly elected Pope for having been chiefly responsible.  The claims, therefore, by his former secretary, who admitted publicly to having had meet with his former boss, “the other day”, in his March 12, 2013 BBC appearance, that he did organize it in company with other Cardinals cannot be dismissed.  Especially since another report, by journalists of the Wall Street Journal, published in August of 2013, expressly names Cardinal Murphy-O’Connor and another alleged member of “Team Bergoglio”, Cardinal O’Malley of Boston, USA, as having attended a dinner for the express purpose of discussing candidates for the Papal Throne in the days prior to the Conclave’s opening on March 12th.  Thus, one arrives as the same conclusion as before:  the denial given by Fr. Lombardi must be discounted as either entirely false, or wholly misleading.  The manner in which it was given, though a blog, rather than in the presence of journalists accredited to the Vatican, makes it appear also, as being given to squelch further inquiry, rather than to truthfully put a false controversy to an end. Finally, no denials have been issued regarding other alleged members of “Team Bergoglio”: Cardinals O’Malley and Santos Abril y Castello.

Third, since the very nature of the Catholic Church is a society internally bound together by the mutual and voluntary commitment of it members, the consequences of grave and substantial doubt, as has been raised by the “Team Bergoglio” scandal will be the diminishing of and/or unraveling of such unity of moral commitment.  This is because, before God, Catholics believe deeply that they are not obliged to obey a superior who does not hold his office legitimately, in accord with the fundamental rules of the Church, known as Canon Law.  This is especially true, when a superior commands something which subjects believe or recognize as incoherent with the Catholic Faith.  The revelations of Dr. Ivereigh add to this, since the whole purpose of his book is to show that the former Cardinal Archbishop of Buenas Aires has spent his entire ecclesiastical career promoting a concept of faith which is completely at odds with that which has been taught by the Catholic Church for 2000 years:  a non-dogmatic pratical approach, which would promise salvation to all without any —or at least much less — necessary discipleship to Christ Jesus as teacher of truth, doctrine or morals.

Fourth, since as much as the Catholic faithful, especially clergy and religious come to believe that the results of the 2013 Conclave are invalidated by the machinations of “Team Bergoglio”, expressly penalized with excommunication by UDG 81, the more opportunity will arise for outright rebellion and schism in the Church against the rule of Pope Francis.  For if he is not validly elected, and if the members of “Team Bergoglio” are excommunicated, then Catholics must refuse communion with them all.

For all these reasons, we believe that the truth of the “Team Bergoglio” affair needs to be revealed and a most severe punishment needs to be leveled; and all doubt as to the validity of Pope Francis’ election must be removed.  And there seems no way to do that, in a manner that would be acceptable to all, unless as UDG n. 5 lays out, the College of Cardinals is convened in special consistory, into which Pope Francis enters with the humility necessary to abdicate if necessary.  For there is no greater love, than to lay down one’s papacy for the sake of the salvation of the consciences of the weak little lambs in Christ’s Fold.

For a complete list of our coverage on Team Bergoglio and a list of reports from major news outlets the world over on it, see here.

Ivereigh backtracks to protect “Team Bergoglio” from penalties of UDG 81

Rome, Dec. 5, 2014:  In the ongoing saga regarding the allegations of Dr. Austen Ivereigh, published in the print edition of his new book on the Pope, The Great Reformer, there are daily developments regarding what Dr. Ivereigh calls “Team Bergoglio”, the group of 4 Cardinals who conducted an organizing vote-canvassing campaign with the assent of Cardinal Bergoglio to get the latter elected.

Dr. Austen Ivereigh is, as Marco Tosatti of La Stampa characterized him, not a Signor Nessuno, (a Mr. Nobody); he is the former personal secretary to one of the Cardinals who is implicated, Cormac Murphy-O’Connor of Westminster, the very Cardinal whom Ivereigh identifies as the point man conducting the campaign.

The other Cardinals implicated, according to various reports, are:  Kasper, Daneels, and Lehmann, as members of “Team Bergoglio”; as facilitators, Cardinals O’Malley of Boston, Christoph Schönborn of Vienna, and the Spaniard, Santos Abril y Castello.

Last night, Catholic News Agency published another revealing report, entitled, Author, cardinals spar over reports of conclave campaigning, in which Dr. Ivereigh is reported to have backtracked significantly on his published claims.

The key part of that report attributes to Dr. Ivereigh the following:

“I am sorry for any misunderstanding arising from my choice of words,” he said, adding that his book’s future editions will have revisions to this statement. The new text will read, “In keeping with conclave rules, they did not ask Bergoglio if he would be willing be a candidate. But they believed this time that the crisis in the Church would make it hard for him to refuse if elected.”

This statement by Ivereigh seems to confirm the validity of the doubts raised by this Blog regarding the possible violations of the papal law on elections of a new pope, Universi Dominici Gregis, specifically in paragraph 81, which punishes Cardinals who vote-canvass with automatic excommunication; and possibly also regarding Canon 171 §2 which invalidates ecclesiastical elections in which excommunicated electors participate to arrive at the final vote count.  Since Cardinal Bergoglio, according to reports, obtained only a 2 vote margin more than the required 66% of total electors present, any possibility that 3 or more of those electors participated in vote-canvassing agreements would put in doubt the legitimacy of Jorge Mario Bergoglio’s claim to the Papacy itself!

What needs to be emphasized, is that the terms of UDG 81 penalize not only those who canvass for votes, but those who are canvassed for votes, if they agreed to the persuasive activities and gave their vote in Conclave on the basis of a promise. Thus, the mere hint of a possibility that any Cardinal was canvassing votes, puts the validity of the election procedure under great doubt and uncertainty.

See a timeline of Reports, from around the world, on the “Team Bergoglio” story, here.

Ivereigh + UDG 81 = A Radical Problem for the Pope

AustenPresentsBook
(Screen shot, of Dr. Ivereigh’s twitter timeline: Nov. 21, 2014 A. D.)

Rome, Nov. 27, 2014:  Last Friday, His Holiness Pope Francis had the occasion to receive from Dr. Austen Ivereigh, a copy of his new book, the Great Reformer: Francis and the making of a Radical Pope which unbeknownst to both men, would within a week be the cause of great consternation for them both.

As John Bingham, a reporter for the Telegraph, in the UK, reported the next day, Dr. Ivereigh’s book contained the stunning revelation that certain supporters of Jorge Cardinal Bergoglio — whom he names, “Team Bergoglio”— canvassed for his support in the days prior to the Conclave of 2013.

The Curious denial of Ivereigh

A key fact alleged in the book, namely, that Cardinal Bergoglio expressly consented to the work of Team Bergoglio, was denied in a letter published on the Daily Telegraph Letter’s Page, print edition, by Maggie Doherty, the press-secretary to Cardinal Murphy-O’Connor.  The text of that letter reads:

Denial

As I surmised, yesterday, here at the From Rome blog, in my article entitled, If Ivereigh is to be believed, was Bergoglio’s election invalid?, the version of events reportedly asserted in Ivereigh’s book, presents the opportunity of a grave canonical challenge to the validity of Pope Francis’ election to the office of Roman Pontiff.

Maggie Doherty’s statement is remarkable for several reasons.

The first of which, is that Dr. Ivereigh is, himself, a former secretary to Cormac Cardinal Murphy-O’Connor, a close confident as any Cardinal could have, someone who would be de officio familiar and friendly with all the friends and colleagues of the Cardinal the world over, seeing that it would have been his duty to interact and communicate daily with each and every one of them.  From such experience, Dr. Ivereigh could have legitimately acquired a vast network of contacts from which he could have first hand information of all which regarded the events prior to the Conclave of 2013; information which could be freely offered him, since the Apostolic Constitution regarding the elections of the Roman Pontiff (Universi Dominici Gregis), penalizes only the divulging of information regarding affairs which occurred in or during the conclave itself.

The second of which, I mentioned yesterday, is that if there were no adverse consequences of the facts presented in Dr. Ivereigh’s book, the Great Reformer, then there would be no need for Maggie Doherty to issue a denial, let alone in the form of a letter to the editor!

The third remarkable aspect of her letter is that it speaks only of Cardinal Bergoglio, and denies only that he was approached or consented to the canvassing of votes.  This denial makes it appear that Cardinal Murphy-O’Connor was acting, in divulging it, to protect the reputation of the Pope, perhaps, even on the request of the Vatican Secretary of State.

The fourth remarkable aspect is that she denied only the activities of Cardinals, and said nothing regarding the activities of Bishops or priests or others who may have been involved.

The fifth remarkable aspect is that Maggie Doherty says, “What occurred during the Conclave … is bound by secrecy”.  This is grammatically and canonically not correct.  All who participated in the Conclave are by Pope John Paul II’s aforementioned Apostolic Constitution are bound to keep secrecy. (Cardinals promise this in n. 12; all participating are bound to secrecy in n. 47; there is an entire Chapter, the fourth, on it; and in n. 47).  And in n. 58 of that document, the penalty of excommunication is imposed for its violation. But if the Pope permits, this secrecy can be broken. So it is not the events that are bound, but the persons.  Her statement is remarkable in this respect, because it speaks of an undue haste in its composition, without the counsel, at least, of an expert in canon law to review it. (This argues for the possibility that she wrote the letter at the personal request of Cardinal Murphy-O’Connor, which we shall now see, Ivereigh would confirm).

The Thicket into which Ivereigh fell on that account

Dr. Austen Ivereigh, hours after the publication of Doherty’s letter to the editor — and after the publication of my own questioning blog post (If Ivereigh is to be believed, was Bergoglio’s election invalid?, which drew out and explicated the canonical problem resulting from the reported claims of his book) —  retracted what he said on his Twitter Feed, at 3 AM on Nov. 25, writing in reference to the print edition of his book, already on sale in the USA/UK:

“They secured his assent” (p. 355) shd have read “They believed he wd not oppose his election”. Will amend in future eds.

Which is Twitter abbreviated speak, I surmise and explicate, for:

Where I wrote, “They secured his assent” on p. 355, it should have read, “They believe he would not oppose his own election.”  I will amend this in future editions of my book, The Great Reformer.

In another tweet, Dr. Ivereigh included the image of Doherty’s letter, with the message:

+CMOC clarifies in today’s Daily Telegraph letters page

Which lets us know that Doherty acted at the express direction of the Cardinal; somewhat reluctantly admitted, with the positive spin therein, by Dr. Ivereigh.  All this within the first week of the books publication!

All this, so far, by way of introduction. Now, I will cut to the chase, as it were:

Ivereigh + UDG 81 = A Radical Problem for the Pope

What Ivereigh has, nevertheless, alleged and yet not denied, and what Cardinal Murphy-O’Connor has not yet denied, as far as I know, is that votes were canvassed.

And paragraph 81 of John Paul II’s law, Universi Domini Gregis, makes that an excommunicatable offense.  Yesterday, I erred, when I said “certain” form of canvassing was prohibited. Today, looking at the Latin original of the law, it appears rather than all forms of vote canvassing are prohibited.

Let’s take a look, then, at the Latin original, to understand better how, not just any specific form of vote canvassing is a crime according to the Pope who “brought down the Wall”:

81. Cardinales electores praeterea abstineant ab omnibus pactionibus, conventionibus, promissionibus aliisque quibusvis obligationibus, quibus astringi possint ad suffragium cuidam vel quibusdam dandum aut recusandum. Quae omnia, si reapse intervenerint, etiam iure iurando adiecto, decernimus ea nulla et irrita esse, neque eadem observandi obligatione quemquam teneri; facientes contra iam nunc poena excommunicationis latae sententiae innodamus. Vetari tamen non intellegimus, ne per tempus Sedis vacantis de electione sententiae invicem communicentur.

The official English translation from the Vatican Website, renders this text, thus:

81. The Cardinal electors shall further abstain from any form of pact, agreement, promise or other commitment of any kind which could oblige them to give or deny their vote to a person or persons. If this were in fact done, even under oath, I decree that such a commitment shall be null and void and that no one shall be bound to observe it; and I hereby impose the penalty of excommunication latae sententiae upon those who violate this prohibition. It is not my intention however to forbid, during the period in which the See is vacant, the exchange of views concerning the election.

 This translation is not exact.  Here is my own exact translation:

81. Let the Cardinal electors, moreover, abstain from all pacts, agreements, promises and any other obligations you like, by which they might be constrained to give or refuse support (suffragium) for anyone (sing. & plural).  All of which, if these were to occur, even when with a foreswearing, We decree are null and void, and none of them are to be held by any obligation of observance; those acting against (this), We now, hereby, bind up with the punishment of excommunication latae sententiae.  Yet, We do not understand to be forbidden, that they communicate with one another concerning the election, during the time of the Sedevacante.

Now, the problem which arises for Pope Francis, from this, I have pointed out in my blog post yesterday, namely, that an election in which those who might fall under excommunication for violation of this law, expressed in n. 81, might be contested as to its validity.  This on account of the general norm of Canon Law (canon 171,  § 2), which expressly declares invalid the elections of those who obtained the required number only in virtue of votes of those who were  excommunicated at the time of the election (cf. 171, § 1, 3°).

Such excommunication could be by special or general declaration, of a superior or by a law.  Thus, the papal Law on Elections.

The sticky wicket, as it were, is that the common objection one hears to such formerly hypothetical discussions is that paragraph n. 35, of the Apostolic Constitution withstands this interpretation.

Let’s quote that here, for the importance that it is due.  The text of this paragraph was slightly altered by Pope Benedict XVI, in his decree, Normals nonnullas, just a month before the conclave of 2013.  The modified text reads:

No. 35. “No Cardinal elector can be excluded from active or passive voice in the election of the Supreme Pontiff, for any reason or pretext, with due regard for the provisions of Nos. 40 and 75 of this Constitution.”

(The small addition of the citation to n. 75, is all that was made.)

Any objection on the basis of paragraph 35, which would counter the claim of an invalid election on account of excommunicated voters, seems very probable at first inspection, but fails the test of a strict reading of papal law.

Because, if paragraph 35 excused doubt of the validity of an election in which excommunicated Cardinal electors participated, as a similar provision in the law of Pope Pius XII did do, then, there would have been no need for Pope John Paul II in his own law, which abrogated all the terms of previous papal laws specifically regarding Papal Elections, to state in n. 78 (see yesterdays report for text) the necessity of indulging an election, in which simony was involved, with validity, to remove all such doubts arising from a general norm of canon law or a specific penalty regarding simony. And thus, if there is a general norm or specific penalty which invalidates elections for other reasons, then one must presume it remains in force (cf. Canons 20 & 21).

Moreso, because paragraph 35 does not regard specifically the validity of elections, only the right of the Cardinals to vote  But Canon 171, § 2 does not deny the right of excommunicated electors to vote, only the validity of elections in which they participate. These are 2 separate things; and according to the norms of canonical interpretation, the distinction must be recognized as that which was intended by the legislator.² This interpretation seems more probable, because of Canon 164, which applies the entire section of canons regarding elections to all ecclesiastical elections,³ and because of the norm of canonical interpretation, that laws which do not expressly or directly conflict, are not to be understood as doing so. Thus, the failure to explicitly include the words “or excommunication” in paragraph 35 of UDG, lends to the credence that it does not abrogate Canon 171, § 1, 3°, the validity of the election in which such voters participating, being apparently annulled in some such cases, consequently, in virtue of Canon 171, §2.

Thus, the allegations of Ivereigh + the terms of Universi Dominic Gregis, n. 81 = a Radical problem for the legitimacy of Cardinal Bergoglio’s claim to the Papacy.

_________________________________

FOOTNOTES

¹ And this without any apparent reference to Canon 171.  For just as it seems incredible that Pope John Paul II in UDC would allow the mad (Canon 171, § 1, 1°) or the schismatic (4°) to vote; hence, similarly, neither those mentioned in 3°, the excommunicated. Thus, it seems more probable that paragraph 35 in UDC is reaffirms the right of the Cardinals not to fall under of Canon 171, § 1, 2° by any claim that might arise during the Conclave from other Cardinals’ accusations.

² However, I remain in the opinion, regarding these matters, as one who is a mere student of Canon Law, not an expert, and certainly not as one whose opinion on how to read it, is anything probative of itself.

³ Including Conclaves: cf. the commentary contained in Codice di Diritto Canonico, a cura di Juan Ignacio Arrieta, Colletti a San Pietro 2004, p. 163.

(Updated Nov. 29 15:15 Rome time)