Concerning an SSPX Dossier on Sedevacantism - Novus Ordo Watch

the mode of tr<strong>an</strong>smission of the power which is to be passed on <strong>an</strong>d, consequently, the
mode of the election by which this tr<strong>an</strong>smission takes place.
Any law, moreover, related to the order of the universal Church, exceeds by its very nature
the scope of <strong>an</strong>y power less th<strong>an</strong> the supreme power. But the election of the supreme
bishop pertains without doubt to the order of the universal Church. It is, therefore, reserved,
by its very nature to the determination of him to whom the care of the entire community
was committed by Christ. And indeed it is incontrovertible that these conclusions are valid in
normal circumst<strong>an</strong>ces. Let us now investigate, nevertheless, how the law would apply if
perch<strong>an</strong>ce <strong>an</strong> extraordinary situation were to arise in which it was necessary to proceed to
the election of a pontiff while it was no longer possible to comply with the conditions
determined by previous pontifical law; as some think was the case at the time of the Great
Schism in the election of Martin V.
Well, once we gr<strong>an</strong>t the occurrence of such circumst<strong>an</strong>ces, it is to be admitted without
difficulty that the power of election would devolve upon a general council. For the natural
law itself prescribes that in such cases the attribute of a superior power descends, by way of
devolution, to the power immediately below insofar as it is indispensably necessary for the
survival of the society <strong>an</strong>d for the avoid<strong>an</strong>ce of the tribulations of extreme lack. “In case of
doubt, however (e.g. when it is unknown if someone be a true cardinal or when the Pope is
dead or uncertain, as seems to have happened at the time of the Great Schism which beg<strong>an</strong>
under Urb<strong>an</strong> VI), it is to be affirmed that the power to apply the papacy to a person (the due
requirements having been complied with) resides in the Church of God. And then by way of
devolution it is seen that this power descends to the universal Church, since the electors
determined by the Pope do not exist” (Cajet<strong>an</strong>, ibidem). This, I say, is understood without
difficulty if the occurrence of the case be admitted. But whether, in fact the case has ever
occurred is a completely different question. For indeed it is now held as more or less certain
among learned men that the election of Martin V was not done on the private authority of
the Council of Const<strong>an</strong>ce, but by faculties expressly gr<strong>an</strong>ted by the legitimate Pontiff
Gregory XII before he had renounced the papacy, so that Cardinal Fr<strong>an</strong>zelin correctly <strong>an</strong>d
appropriately says: that there is “reason for us with humble praise to wonder at the
providence of Christ the King, the spouse <strong>an</strong>d head of the Church, by which He calmed those
huge crowds of men driven <strong>an</strong>d sustained by covetousness <strong>an</strong>d ignor<strong>an</strong>ce, with all laws
being observed to the letter; most clearly demonstrating that the indefectibility of the rock
upon which He built His Church, so that the gates of Hell would not prevail against Her, is
supported not by hum<strong>an</strong> effort, but by the divine fidelity in promises <strong>an</strong>d omnipotence in
government” (Fr<strong>an</strong>zelin loc. cit.). 25
25 Billot, De Ecclesia Christi, tr<strong>an</strong>slated by John S. Daly.
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