From Ivereigh to Abdication, the Canonical steps implied by the “Team Bergoglio” scandal

Again, on the Solemnity of the Epiphany of Our Lord, January 6, 2015, Br. Alexis Bugnolo wrote the following, in Rome:

  Cardinal Jorge Mario Bergoglio takes the vow

    of secrecy at the opening of the 2013 Conclave 

(BBC, screen shot by From Rome blog, cropped)

On the Solemnity of the Epiphany of the Lord, the Catholic Church celebrates the triumph of light over darkness, of the Eternal Light over the darkness merited by this world by the sin of Adam, the darkness which is the demerit of sin, the alienation of God, the loss of God’s Light which would have led Adam’s race from its first progeny to a most splendid glory. For on this day, the Church celebrates the revelation of the Eternal Light incarnate in the womb of the Most Blessed Virgin, revealed now to the Gentiles who seek Him out; and not all gentiles, but only those who like the Magi of old, seek Him with sincerity and zeal.

This great Mystery which we celebrate today must be echoed in all the choices of life which we make, must be echoed in the entire life of the Church in all the choices She makes, must even be echoed in the governance of the Church by all the choices which the Sacred Hierarchy makes.

A Church which does not observe Her own laws, thus, can never be the Church which proclaims the Mystery of the Epiphany; and for this reason, corruption in the Church is an abominable denial of the truth of all that the Epiphany represents.

Hence, it is most appropriate, once again to affirm that the facts which surround the “Team Bergoglio” scandal and its consequences in law merit in the most extreme and supreme manner the resolution of the doubts and questions raised.

For this reason, the From Rome blog will now summarize the Canonical Case against “Team Bergoglio” and show why the validity of the election of Cardinal Bergoglio is ostensibly invalidated thereby, and this with a high probability that the contrary is not true.  A summary of reports on the “Team Bergoglio” scandal as well as those blog posts from the From Rome blog can be found in our Chronology of Reports on Team Bergoglio, which is updated regularly. The facts contained in the articles listed in this Chronology, will now be summarized for the facility of the reader:

The crime against UDG 81

Dr. Austen Ivereigh, the former spokesman for Cardinal Cormac Murphy-O’Connor, in the ninth chapter of his biography of Pope Francis, The Great Reformer: Francis and the Making of a Radical Pope, says that 8 Cardinals conspired to and did succeed in promoting the election of Cardinal Bergoglio by means of seeking vote-promises from 25 Cardinal electors to be cast in the first balloting of the Conclave on March 12, 2013.  From the text of Ivereigh, it can be supposed that of the 8 conspirators, 2-3 were not electors.  In accord with the terms of the papal law, Universi Dominic Gregis (UDG) paragraph 81, all pacts, agreements or promises forged under any kind of obligation, however light or strong, merit for the participants who are electors the penalty of excommunication latae sententiae.  The terms of UDG 81 indicate clearly that the excommunication is ipso facto, that is, imposed in the very act of the transgression. Dr. Ivereigh, on March 12, 2013 in a BBC broadcast admitted to have met the alleged ring-leader of the campaign, Cardinal Cormac Murphy-O’Connor; Ivereigh further confesses in the same BBC appearance that all agreements regarding voting are forbidden by the papal law.  The Cardinal in a newspaper interview on Sept. 12, 2013 admitted to being the head of the campaign and that Pope Francis knew this and thanked him for it on the day after the election; the Cardinal also confirmed that as of March 12, 2013 Cardinal Bergoglio knew he was going to be a candidate, and that he would make a strong showing on the first ballot. As regards these claims, none of the Cardinals implicated by name have substantially or totally denied them, since they first came to public knowledge, six weeks ago, on Nov. 23, 2014. (cf. The improbity of Team Bergoglio’s Recent Denials).

The penalties in virtue of Canon 1329 expand to Cardinal Bergoglio

In accord with canon 1329, all Cardinal electors who assisted in such wise, as the crime could not have not be accomplished without them, are also punished with the same kind of excommunication.  This includes Cardinal Bergoglio, since it is morally impossible that he did not know of the nature of the campaign, when he could have stopped it by merely communicating his abhorrence for the perpetration of a crime.  Dr. Ivereigh in a recent video interview admits that Cardinal Bergoglio came to Rome for the Conclave with the desire to be a candidate. His insistence to purchase undergarments the day after election, may also argue that he was aware that the manner of his election would incriminate him unless he showed himself free of any intention to be elected.  To hold that Bergoglio was unaware of the nature of the campaign would be to hold that he never talked to any of his supporters prior to the closed sessions of the Conclave; that he did not take control of his own election, that he did not seek to obtain the papacy, that he did not expect to be elected.

The election of Cardinal Bergoglio had by 78 votes

According to reports, Cardinal Bergoglio obtained 16 votes in the first round of voting, and won the election on the last ballot of March 13, 2013 with 78 votes, that is only 2 votes more than the necessary 2/3 majority to win (76). The actual numbers are known to the Cardinal Electors and those who assisted them in the Sistine Chapel on March 12-13, 2013, all of whom, however, are bound by oath not to reveal the information, without explicit permission of the Pope. The numbers reported come from apparent indiscretions, made by individuals, following the euphoria of Pope Francis’ election.

Canon 171 invalidates the election by reason of the violation of UDG 81

According to the norm of canon 171 §1, the votes of excommunicated electors cannot be tallied; and if they are tallied as part of the required number for victory, then in accord with

canon 171 §2, the election is null and void.  This canon in §1, °3 cites those excommunicated by judicial sentence or decree; canon 20 specifies that all papal laws such as UDG are general decrees; the Latin text of UDG 81 uses the same verb of imposition specified as a condition for canon 171 §1, ° 3 (innodare).  Thus there is no doubt that canon 171 invalidates papal elections in which the number of votes necessary for election (2/3 majority) is obtained by counting 16 votes from excommunicated electors, as appears to be the case in the “Team Bergoglio” scandal.  While it is possible that some of the original 16 votes cast in the first round were not promised, it is morally improbable that less than 2 were.

What must now be done

The case having attained a sufficient level of probity according to its facti species, that is, according to the appearance of the facts, it must be judged by the competent authority.

Since the case regards the invalidity of the election, the validity of such a judgement must itself be secured in such wise that no matter the outcome of the judgement, the result will be obtained by a method in which all parties agree is lawful, legitimate, licit and valid.

If Cardinal Bergoglio was validly elected, then as Pope his authority would be necessary to resolve the matter.  If he was not validly elected, the Sacred College of Cardinals in virtue of the authority granted to them in UDG 5 can resolve the matter.

Hence, to judge the case of the scandal of “Team Bergoglio” it seems wise to propose the following:

That the Pope convoke to consistory all  the Cardinals, both those who were electors and those who were non-electors in the conclave of 2013, with the Cardinals created since the election of Pope Francis in attendance but remaining silent and not voting, by their own free decision.

That the Pope in consistory express, in humility, his willingness to abdicate if it should be found that his election was invalid.

That the Pope in consistory grant to all the Cardinals assembled, release from their vow of secrecy regarding all affairs of the Conclave, so that they might speak freely.

That the Cardinals agree by unanimous vote, that the successor to Pope Francis, in the eventuality of his abdication or invalidation, grant to all Cardinals the same release from their vow.

That the Cardinals be called by the Dean of the College to give individual testimony as to whether they were asked to promise their vote for any specific Cardinal.

That the Cardinals in virtue of the authority granted to them in UDG 5 determine whether the testimony puts in doubt the validity of the election of 2013, and by unanimous decision judge whether the doubt is sufficient to harm the unity of the Church.

That Pope Francis confirm whatsoever they determine.

That Pope Francis, in the case of a positive determination, abdicate his office by written decree in the presence of the entire Sacred College; in the case of a negative determination, publish the findings of the investigation and grant the Cardinals freedom to speak about the entire affair in public, after the consistory is concluded, so as to confirm its authenticity and put all doubts to rest.

If those who know that any of the above facts or canonical interpretations are false or true, now remain silent, they will sin gravely either in regard to a lack of charity for the truth and reputation of those involved, or as accomplices after the fact.  If the competent authority does not judge the undisputed case, the Church Herself will be gravely injured in Her reputation and adhesion to the Mystery of the Epiphany, of the manifestation of the Eternal Light and Truth, incarnate among us.