Gasp! Team Bergoglio lobby group worked Conclave

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Put on your surprise face! Pshaw! We know Jesus loves surprises, right?

This piece is longer but necessary to see all the machinations and Machiavellian antics of the quasi-masonic modernists and liberals within the highest levels of the Church:

https://fromrome.wordpress.com/

Pope Francis Team Bergoglio Valid Election

From Rome

An International Venue for Catholic Thought

The Chronology of Reports on “Team Bergoglio”

Dec2

Rome, Dec. 2, 2014: The revelations by Dr. Austen Ivereigh in his new book, The Great Reformer, have provoked response and comment throughout the world.  Since, in such an important story it is useful to understand the chronology of the reporting, the From Rome Blog will attempt to cover in this article, a short summary of events in the timeline, for the utility of its readers and of journalists following the story.  This timeline will be updated from time to time, until the magnitude becomes something too great for one blogger to follow.

Nov. 21, 2014:  Dr. Austen Ivereigh presents his book to Pope Francis (Reported by Dr. Ivereigh’s Twitter feed: see screen shot here).

Nov. 22, 2014:  John Bingham, reporter for the Telegraph, writes his report, Pope Francis: how cardinals’ Conclave lobbying campaign paved way for Argentine pontiff, which appears on the online edition at 8:15 PM London time.  It is in this report that the allegations of Dr. Ivereigh, regarding vote canvassing are first made news.  All the subsequent reports will react to this.

Nov. 23, 2014: A report by John Bingham, entitled, “English Cardinal ‘lobbied for Pope’“, is published on p. 16 in the Sunday Telegraph, UK, regarding Dr. Ivereigh’s book and the allegations concerning the vote canvassing by Cardinals in days preceding the Conclave of 2013 (according to Maggie Doherty’s Letter to the Editor in the Daily Telegraph, Nov. 25). An image of page 16 of the Sunday Telegraph is subsequently published by a Spanish blog on Dec. 1 (here)

Nov. 25, 2014:  Dr. Austen Ivereigh’s book, The Great Reformer: the Making of a Radical Pope is published in English in the USA/UK (according to Amazon.com) and Italian.

Nov. 25, 2014:  In a Letter to the Editor of the Daily Telegraph, Maggie Doherty, the spokeswoman for Cardinal Murphy-O’Connor denies that Cardinal Bergoglio was approached by Cardinals or consented to the work of “Team Bergoglio”. (See here for an image of that letter).

Nov. 25, 2014:  The From Rome blog reports the events known and speculated about the canonical implications of UDG 81, in “If Ivereigh is to be believed, was Bergoglio’s election invalid?

Nov. 26, 2014:  The From Rome blog adds an addendum concerning the implications of canon 171 to its previous report.

Nov. 27, 2014:  The From Rome blog returns to the topic of “Team Bergoglio” in, Ivereigh + UDG 81 = A Radical Problem for the Pope, which discusses both the letter by Maggie Doherty and the canonical reasons why it appears that the election of Cardinal Bergoglio may now be open to a challenge.

Dec. 1, 2014:  In the morning, Marco Tosatti, noted Vaticanista at La Stampa, reports the imbroglio on his blog, San Pietro e Dintorni, Il caso di “Team Bergoglio”. Tosatti is the first journalist to cite UDG 81, and gives a HT to the From Rome blog.

Dec. 1, 2014:  In the late morning, the Italian news blog, Il Sismografo publishes, , the apparent transcript of a private communication by Fr. Frederico Lombardi, the Vatican Press Office spokseman, denying the allegations of Dr. Ivereigh. (Original here at a somewhat indescript url, not the front page: our translation here).  Fr. Lombardi’s denial names the four Cardinals.

Dec. 1, 2014:  The blog, Rorate Caeli (here), and the Spanish news service EFE (here) report on Il Sismografo’s report and the preceding news.  The former adds speculations regarding who were involved in convincing Pope Benedict XVI to resign and lamented the dearth of investigative reporting on that story.  The From Rome blog, follows with its unofficial English translation, in Fr. Lombardi denies Ivereigh’s allegations.

Numerous news agencies then leaped on the report, mostly in the Spanish speaking world:

Europa Press: El Vaticano desmiente una estrategia entre cardinales en el ultimo conclave para elegir a Francesco

Periodista Digital: La Santa Sede niega la existencia de un acuerdo previo al conclave para la eleccion de Francisco (RD/Agencias)

El Papa en la prensa: El complot (que non era) de cuatro cardenales para elegir Papa al Cardenal Bergoglio (This report contains a image of page 16 of the Sunday Telegraph, cited above).

Radio Formula: Cardenales niegan campaña para elección papal de BergoglioThis Report adds the names of 2 more Cardinals, Sean O’Malley (Boston) and Christoph Schönborn of Vienna, and reports the implications of UDG 81. (Notimex)

Ansa Brasil:  Cardeais negam campanha por eleição de Francisco (Source: http://www.papafrancesconewsapp.com/por/)

Ansa Italia: Papa: Porpore negano accordi pre-Conclave (in the briefest of terms).

(This list is not exhaustive.)

Dec. 2, 2014:  The From Rome blog publishes for the first time, The Chronology of Reports on “Team Bergoglio”

Dec 2, 2014:  Marco Tosatti publishes on his blog, San Pietro e Dintorni, Team Bergoglio. Ivereigh Scrive., which the blog, From Rome notices on his twitter feed, just 2 minutes after the first publication of its Chronology report. Tosatti’s report cites Ivereigh’s clarification, notices that he has not denied anything, and adds corroborative information concerning Bergoglio recognition of the campaign and its effectiveness.

Pope Francis: how cardinals’ Conclave lobbying campaign paved way for Argentine pontiff

New biography of Pope Francis discloses how ‘Team Bergoglio’ reformists lobbied cardinals ‘below the radar’ ahead of Vatican Conclave

Cardinal Murphy-O’Connor Photo: Getty Images

By John Bingham, Religious Affairs Editor

8:15PM GMT 22 Nov 2014

Cardinal Cormac Murphy-O’Connor, the former leader of the Roman Catholic Church in England and Wales, helped to orchestrate a behind-the-scenes lobbying campaign which led to the election of Pope Francis, a new biography claims.

The choice of the largely unknown Argentine cardinal Jorge Mario Bergoglio as head of the world’s 1.2 billion Catholics came as a surprise to Vatican watchers and the faithful alike when the announcement was made in March last year.

The conclave to elect a successor to Benedict XVI, the first pope for more than 600 years to step down, was viewed as wide open, although most predicted that the Italian Cardinal Angelo Scola or Cardinal Marc Ouellet of Quebec would be elected.

When 76-year-old Bergoglio emerged as Pope on only the second day of voting, it was largely explained as a unity candidacy to prevent deadlock between rival factions.

But a biography of Pope Francis, to be published next month, discloses that there had been a discreet, but highly organised, campaign by a small group of European cardinals in support of Cardinal Bergoglio.

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The Great Reformer, by the British Catholic writer Austen Ivereigh, nicknames the group “Team Bergoglio” and says members toured private dinners and other gatherings of cardinals in the days before the conclave, quietly putting their case.

Cardinal Bergoglio was effectively the runner-up in the 2005 conclave, in which Joseph Ratzinger was elected, having been put forward by an alliance of mainly European reformists.

But it later emerged that his chances of election were hampered by what amounted to a dirty tricks campaign by opponents from Argentina.

He also effectively pulled the plug on any campaign in 2005, urging would-be supporters to throw their weight behind Cardinal Joseph Ratzinger and making clear that he did not wish to be the focus of a faction.

By 2013, he had been largely discounted by most commentators, partly due to his age, as well as because he had signalled that he did not wish to stand in Cardinal Ratzinger’s way.

But by last year, the appetite for reform in the Vatican and a pope without links to the establishment, widely seen as corrupt and riddled with in-fighting, had become intense.

“Spotting their moment, the initiative was now seized by the European reformers who in 2005 had pushed for Bergoglio,” Mr Ivereigh, who once served as Cardinal Murphy-O’Connor’s press secretary, explains in the book.

He wrote that Cardinal Murphy-O’Connor, then 80 and no longer with a vote in the conclave, teamed up with the German cardinal Walter Kasper, whose controversial call for remarried divorcees to be allowed to receive communion was one of the main points of division at the synod that Pope Francis held in Rome this year.

Cardinal Murphy-O’Connor’s role included lobbying his North American counterparts as well as acting as a link for those from Commonwealth countries.

“They had learnt their lessons from 2005,” Mr Ivereigh explains. “They first secured Bergoglio’s assent. Asked if he was willing, he said that he believed that at this time of crisis for the Church no cardinal could refuse if asked.

“Murphy-O’Connor knowingly warned him to ‘be careful’, and that it was his turn now, and was told ‘capisco’ – ‘I understand’.

“Then they got to work, touring the cardinals’ dinners to promote their man, arguing that his age – 76 – should no longer be considered an obstacle, given that popes could resign. Having understood from 2005 the dynamics of a conclave, they knew that votes travelled to those who made a strong showing out of the gate.”

A spokeswoman for Cardinal Murphy-O’Connor said that the then Cardinal Bergoglio was not approached with a view to seeking his assent as a candidate for the papacy.

A key turning point came during the series of closed meetings before the conclave, known as congregations, when Cardinal Bergoglio gave a short but moving speech about the state of the Church.

But, the book argues, a ban on official updates about what was happening in the congregations meant that what information did emerge relied on leaks which concentrated on in-fighting within the Italian church.

For this reason and because the organisers of his campaign stayed largely below the radar, the Bergoglio bandwagon that began to roll during the week of the congregations went undetected by the media and to this day most [Vatican watchers] believe there was no organised pre-conclave effort to get Bergoglio elected,” Mr Ivereigh says.

Dear Rosemarie,

here is a link that discusses the issue a bit by a franciscan brother bugnolo who lives in rome these days.

https://fromrome.wordpress.com/

I myself don’t have enough background to make any sensible comments from a legal perspective, whereas the man cited above does.

My take is that it matters little, these days, what the law says given the batch of cardinals we have in place now.  Many of them have no fear of God or man…well maybe they fear a bit of adverse public opinion for a bit, but after awhile they carry on as usual.

There is enough innuendo and rumours doing the rounds since the election to call for a full scale commission of inquiry if one truly fears God and wants only the truth. But the chances of that are occurring are zilch, nada, zero, nothing…etc  Given the inaction re the pederasts in the Vatican and the continuing outrageous heretical remarks and practices going on by Bergog, who is going to act? Too much money and privilege to be lost for anyone to take a punt at the issue….cf Card Burke who spoke the mildest of comments about the pope….know anyone else who is ready to step up to the plate? I thought so….none so far…

Good men like Vennari et al are besides themselves with frustration….

So I am sorry I cannot be of any real help re the legal aspects…why JP2 changed the various provisions of Paul 6 and why he changed what was previous etc is not easy to find….one would have to have language skills to ferret out say the Latin and Italian commentaries on the Canon Law to get to the bottom of it….

As with most of the 83 code it is the progeny of the Evolutionary V2 council, which is predicated on constant change. The 17 Code reflected an unchanging set of beliefs and practices but not the 83. Some things appear to be stable in the 83, but they are cast to be interpreted liberally….

I pray that this finds you well
IHB
Fr M

Página 16 del Sunday Telegraph con el reportaje
sobre el “team Bergoglio”.

 

https://fromrome.files.wordpress.com/2014/11/denial.jpg  Letter in English

 

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If Ivereigh is to be believed, was Bergoglio’s election invalid?

Nov25 by Br. Alexis Bugnolo

London, Nov. 25, 2014 — A remarkable letter to the editor, if ever there was one. A denial, which draws more attention, than the matter would otherwise merit.  In today’s Daily Telegraph Letter’s Page, print edition, Maggie Doherty, the press-secretary to Cardinal Murphy-O’Connor, denies a key fact in the reporting by Austen Ivereigh, a British journalist who just published a book exposing a concerted effort among Cardinals of the Roman Church to canvass for votes on behalf of Jorge Mario Bergoglio, in the days prior to the Conclave of March 2013, which elected the latter as successor to Pope Benedict XVI.  The on-line edition of the Telegraph has a short story about this, by John Bingham, which opens thus:

Cardinal Cormac Murphy-O’Connor, the former leader of the Roman Catholic Church in England and Wales, helped to orchestrate a behind-the-scenes lobbying campaign which led to the election of Pope Francis, a new biography claims.

The Election of Pope Francis has seen a great deal more publicity than any in modern times, especially concerning the remarkable novelty of revelations coming from Cardinals themselves — remarkable, since according to papal law, to make such revelations is punished by automatic excommunication!

The papal law is Universi Dominici Gregis, promulgated by Pope John Paul II on the Feats of the Chair of St. Peter, February 22, 1996 A.D..  The key paragraphs regarding this excommunication are as follows:

  1. Those who, in accordance with the prescriptions of No. 46 of the present Constitution, carry out any functions associated with the election, and who directly or indirectly could in any way violate secrecy — whether by words or writing, by signs or in any other way — are absolutely obliged to avoid this, lest they incur the penalty of excommunication latae sententiae reserved to the Apostolic See.
  2. In particular, the Cardinal electors are forbidden to reveal to any other person, directly or indirectly, information about the voting and about matters discussed or decided concerning the election of the Pope in the meetings of Cardinals, both before and during the time of the election. This obligation of secrecy also applies to the Cardinals who are not electors but who take part in the General Congregations in accordance with No. 7 of the present Constitution.

However, today’s denial regards another requirement of the papal law, regarding Conclaves: the express prohibition of canvassing for votes prior to the commencement of the Conclave.  John Paul II’s Apostolic Constitution of 1996 makes that a high-crime, punishable by automatic excommunication.

  1. 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.
  2. I likewise forbid the Cardinals before the election to enter into any stipulations, committing themselves of common accord to a certain course of action should one of them be elevated to the Pontificate. These promises too, should any in fact be made, even under oath, I also declare null and void.
  3. With the same insistence shown by my Predecessors, I earnestly exhort the Cardinal electors not to allow themselves to be guided, in choosing the Pope, by friendship or aversion, or to be influenced by favour or personal relationships towards anyone, or to be constrained by the interference of persons in authority or by pressure groups, by the suggestions of the mass media, or by force, fear or the pursuit of popularity. Rather, having before their eyes solely the glory of God and the good of the Church, and having prayed for divine assistance, they shall give their vote to the person, even outside the College of Cardinals, who in their judgment is most suited to govern the universal Church in a fruitful and beneficial way.

The Reason for the Press-Secretary’s Denial is now manifest

If Maggie Doherty had not gone to the lengths of issuing a denial in such language, I would never have taken notice.  But now that she has, having consulted the papal law on Conclaves, it appears manifest why she has.  If Austen Ivereigh’s book contains verifiable evidence that any of the Cardinals who voted for Jorge Mario Bergoglio canvassed for votes in the manner forbidden, especially if he tacitly consented to this, then by that very fact (ipso facto) they fell under the penalty of excommunication in the same moment they agreed to do such and/or did such. And, if Bergoglio tacitly agreed (that is, had knowledge, and consented without opposing what they were doing), then he, too, would have been excommunicated prior to the Conclave.

Does this mean that the Papal election was invalid?

But if what  Austen Ivereigh alleges, did happen, would the election of Pope Francis be null and void?  The grounds for this are entirely different from those alleged in Antonio Socci’s best-selling book in Italy, Non è Francesco, (He is not Francis: i.e. he should not be called Pope Francis), which is based on the fact that on March 13, 2013, Bergoglio was elected by 5 votes, when the papal law only allows 4. Or the challenge now being brought in the Petition to the College of Cardinals, which regards 3 canonical questions which arise from the violations of the penalties imposed by the Second Council of Nicea, the Council of Trent, and Pope Paul IV.

Let us take a look at the papal law, again.  It is very important to note, what Pope John Paul II says in the previous paragraph, n. 78:

  1. If — God forbid — in the election of the Roman Pontiff the crime of simony were to be perpetrated, I decree and declare that all those guilty thereof shall incur excommunication latae sententiae. At the same time I remove the nullity or invalidity of the same simoniacal provision, in order that — as was already established by my Predecessors — the validity of the election of the Roman Pontiff may not for this reason be challenged.(23)

Paragraph 78, regards the buying or selling of votes; which does not seem what Ivereigh has alleged; for when votes are bought and sold, then the validity of the election which would otherwise be worthy of doubt or challenge, is, according to Pope John Paul II’s law, free from ever being so challenged (which he does with the words: “I remove the nullity or invalidity of the same simoniacal provision”). Simony is the crime of buying or selling spiritual things, in this case, of votes, with the promise of monies paid in advance.

However, as regards, however, the excommunications leveled for canvassing, Pope John Paul II does not remove the nullity or invalidity of the election.

This leaves the question, whether the election of Pope Francis could be challenged now?

It seems at least possible, since it is not a question of the invalidity of an election on the basis of the fact that Cardinals were excommunicated on account of vote canvassing, but on account of a certain sort of coercion of the process to elect the Pope, which process must guarantee the liberty of the Cardinals to chose a Pope in a manner free from the deceits and maneuvers of worldly politics.

This doubt of the validity of the election is what seems to be implied by the Press-Secretary’s denial.  Because, if it were only a question of a Cardinal’s excommunication for violating secrecy or canvasing votes, he could easily appeal to Pope Francis to be pardoned and the excommunication lifted.  Indeed, what victorious candidate, now Pope, would not pardon the Cardinals who helped him get elected, if they did canvass for votes?  Thus, it certainly seems to the thoughtful reader, that there may be some more urgent reason for the denial. …  Cui prodest?

Addendum of Nov. 26, 3PM GT

I had a look at the general norms in the 1983 Code of Canon law regarding canonical elections and found some confirmatory information.  There in Canon 171, there are these stunning requirements for a valid election:

Can. 171 §1. The following are effected to vote:

1/ a person incapable of a human act;
2/ a person who lacks active voice;
3/ a person under a penalty of excommunication whether through a judicial sentence or through a decree by which a penalty is imposed or declared;
4/ a person who has defected notoriously from the communion of the Church.

  • 2. If one of the above is admitted, the person’s vote is null, but the election is valid unless it is evident that, with that vote subtracted, the one elected did not receive the required number of votes.

The importance of this Canon, I opine, is thus:  if what Ivereigh alleges in his book, is true, and the manner of canvassing votes is that penalized with automatic excommunication, then the Cardinals who did this, and Cardinal Bergoglio — if he expressly consented, as Ivereigh’s print edition says he did — would be excommunicated prior to the begining of the Conclave; and the election would be null and void, on the grounds that the 32 votes Bergolio received in the first round of voting (as reports allege, which votes are presumably nearly or mostly those who participated in the vote canvassing) would be null and void, coming as they did from excommunicated electors. That would make the 78 votes which Cardinal Bergoglio got in the final 5th vote, to be insufficient to elect him. (I am no canonist, so this is my opinion, though I have studied the tract on Canonical Censures at a Pontifical Instititute at Rome).

Postscript

Having carefully read the papal law, Universi Dominici Gregis, of Pope John Paul II, and that modification of Pope Benedict XVI, Normas nonnullas, I find it very curious that neither specifies explicitly who is eligible to be elected Pope. Even the 1983 code is silent. This is a serious deficiency, since the Bull of Pope Paul IV does specify this, and thus, if this matter is not included specifically in modern legislation, the terms of Pope Paul IV’s, Cum ex apostolatus officio, seem to remain in force. (If any canonists know, please leave a comment below, Thanks!).

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Ivereigh + UDG 81 = A Radical Problem for the Pope

Nov27 by Br. Alexis Bugnolo


(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:

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. #TheGreatReformer

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”:

  1. 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:

  1. 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:

  1. 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)

 

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