Preface
Since Church law is purely ecclesiastical,
it is subject to the principle of intrinsic cessation as expounded by Cardinal
Amleto Cicognani. It has profound implications with regard to the
Conclave of 1998 run by the Remnant Church. As there are no Cardinals
left from the pontificate of Pius XII, and since the Church law for Conclaves
specifies that Cardinals elect the pope, this principle comes into direct
focus.
"Canon 21 and the two Canons following treat of the cessation of ecclesiastical law. Here it is asked: How is one to presume that the legislator revokes his law and that therefore the law ceases to exist?
"In treating of the elements of law we saw that it is proper and fitting that a law should be stable and firm. However, every law has its element of uncertainty, for the reasons and the purpose for which the law was made can change, and consequently, since law is an ordinance in accordance with reason, it ought to be revoked if it becomes useless, harmful, or unreasonable; and if it has not actually been revoked, it is to be reasonably presumed to be revoked. For its purpose is the soul of law, and a law without a soul lapses, ceases to exist, it dies."
And from p. 627: "A law ceases intrinsically when its purpose ceases; the law ceases of itself ... The law ceases extrinsically when it is revoked by the Superior;...The end (either its purpose or its cause) of the law ceases adequately when all of its purposes cease; inadequately, when only some particular purpose ceases... The purpose of the law ceases contrariwise when an injurious law becomes either unjust or impossible of observance; or negatively, when the law becomes useless; universally, when the purpose of the law ceases with respect to all subjects or the majority of subjects; or particularly, with respect to some individual.
Three cases can occur:
- If the purpose of the law ceases inadequately only, the law ceases neither for the community nor for the individuals, for the reason or soul of the law still exists.
- If the purpose of the law ceases adequately and contrariwise for the community, the law ceases for the entire community.
- If it ceases adequately though negatively for the community, in practice we can hold that the law ceases, according to the majority of canonists."
Conclusion
On this basis, we can conclude that the ecclesiastical law governing the
election of the pope has ceased intrinsically (ie. no valid Cardinals being
alive), adequately, contrariwise (because it is impossible of observance)
and universally. Therefore Number 2 applies, namely, the law ceases
for the entire community.
Given the cessation of Vacantis Apostolicae Sedis, other means were
sought for the valid election of Pius XII's successor. The investigation
determined that the Remnant Church possessed this right (and duty). The
Remnant Church has exercised this right in Conclave of 1998 to a successful
conclusion, and should God in the future present the Church with a similar
situation, the Church would again exercise this right in the event of the
default of the normally qualified Cardinals.
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