After Benedict's Death
by Brian Murphy
February 12, 2023
Dear Friends:
You may have heard of a “Papal election” that took place on Monday, January 30, 2023 in Rome under the leadership of Br. Alexis Bugnolo, following Benedict's death on December 31, 2022. Up until the end, I am ashamed to admit that I supported this effort, in the hope of restoring integrity to the teaching Magisterium of the Church. I was wrong. This election is null and void for the following reasons. The Constitution on Papal Elections is called Universi Dominici Gregis and was written by St. John Paul II. Br. Alexis reasoned incorrectly that this Constitution could be abrogated because the Cardinals failed to call a conclave within 20 days of the death of Pope Benedict XVI. The abrogated Constitution would be replaced by a thousand year old tradition of "Apostolic Right" of electing the Pope by the Roman Catholics of Rome. However, the Constitution itself forbids this. Paragraph 4 reads:
“4. During the vacancy of the Apostolic See, laws issued by the Roman Pontiffs can in no way be corrected or modified, nor can anything be added or subtracted, nor a dispensation be given even from a part of them, especially with regard to the procedures governing the election of the Supreme Pontiff. Indeed, should anything be done or even attempted against this prescription, by my supreme authority I declare it null and void.”
Br. Bugnolo raised an important issue or dispute. The Cardinals did not call a conclave within 20 days. Paragraph 5 says that all such issues must be resolved by the College of Cardinals.
“5. Should doubts arise concerning the prescriptions contained in this Constitution, or concerning the manner of putting them into effect, I decree that all power of issuing a judgment in this regard belongs to the College of Cardinals, to which I grant the faculty of interpreting doubtful or controverted points. I also establish that should it be necessary to discuss these or other similar questions, except the act of election, it suffices that the majority of the Cardinals present should concur in the same opinion.”
So, Br. Bugnolo should have ceded authority to the College of Cardinals to resolve this dispute. He tried to contact them, as did I, but got no response. Nevertheless, that is not justification for proceeding with his own election plans.
Paragraph 33 forbids participation by the laity as electors:
“33. The right to elect the Roman Pontiff belongs exclusively to the Cardinals of Holy Roman Church, with the exception of those who have reached their eightieth birthday before the day of the Roman Pontiff's death or the day when the Apostolic See becomes vacant. The maximum number of Cardinal electors must not exceed one hundred and twenty. The right of active election by any other ecclesiastical dignitary or the intervention of any lay power of whatsoever grade or order is absolutely excluded.”
In the election of January 30, 2023, five (5) un-named people showed up at the Marriott hotel in Rome to participate. The unanimous vote for Pope Francis was witnessed by three people.
Finally, the last paragraph of the Constitution makes it clear that authority cannot be wrenched away in this manner from the College of Cardinals:
“PROMULGATION
“Wherefore, after mature reflection and following the example of my Predecessors, I lay down and prescribe these norms and I order that no one shall presume to contest the present Constitution and anything contained herein for any reason whatsoever. This Constitution is to be completely observed by all, notwithstanding any disposition to the contrary, even if worthy of special mention. It is to be fully and integrally implemented and is to serve as a guide for all to whom it refers.
“As determined above, I hereby declare abrogated all Constitutions and Orders issued in this regard by the Roman Pontiffs, and at the same time I declare completely null and void anything done by any person, whatever his authority, knowingly or unknowingly, in any way contrary to this Constitution.
“Given in Rome, at Saint Peter's, on 22 February, the Feast of the Chair of Saint Peter, Apostle, in the year 1996, the eighteenth of my Pontificate.”
To any that I may have misled, I apologize.
There are very important implications from this lesson. Only the College of Cardinals can elect the Pope. Only they can declare an election valid or invalid. Only they can judge the arguments saying that Benedict did not resign the munus. Since that has not happened yet, the Conclave of 2013 stands and Jorge Bergoglio is Pope Francis, the only juridically valid Pope. Good Catholics will not follow his heresies and bad teachings and may suspect him to be an antipope, but they cannot make any juridically valid statement to that effect. It is encumbent on all Catholics to beg the Cardinals for an inquest and a clarification of the matter.