Wednesday, March 2, 2022

Estefanía Acosta on the Importance of the Accuracy of the Latin Original for Rescripts, Briefs, and Papal Bulls

In her book, Benedict XVI: Pope "Emeritus"? Estefanía Acosta argues that Benedict is still the pope and his resignation letter evidences such, including purported errors in the Latin original. I will not enter the debate about (the proper technical term being "Beneplenefrancisvacantism"), but the following does show the importance in Catholicism of rescripts, briefs, and papal bulls having to be accurate in its Latin for it to be binding:

  

- “For centuries it was a constant principle of interpretation, that if a canonical act in Latin contained errors it was not to be construed as valid, but had to be redone” [Munus and Ministerium: A Canonical Study]

 

- “It is a principle of traditional canon law that every rescript, brief, or papal bull containing a fault in the Latin is null. Saint Gregory VII (Registrum 1.33) [11th century] declared void a privilege granted to a monastery by his predecessor Alexander II, <<on account of Latinity corruption>>, which constitutes <<a fairly obvious sign>>. The Ad audientiam decree of Pope Lucius II [12th century], which appears in the body of canon law (Gregory IX Decrees, IX, 1, I, title III, de Rescriptis, c. XI [13th century]) establishes that <<false Latinity invalidates a rescript of the pope>>. The pope forbids giving credit to a pontifical letter <<since it contains an evident construction fault>>. The gloss (within the corrected official text published by order of Pope Gregory XII in 1582) explains for this purpose that a pope’s rescript <<must not contain any fault>>, since it is <<elaborated with enough time>>. A fault in the Latin constitutes such a presumption of nullity that no evidence on the opposite sense can be admitted. Affirming that a decree is null does not  mean that it is a false document, but that Pope Benedict XVI would have written it carelessly.  [. . .][¿Errores en la renuncia del Papa?] [Conferenza sulla Rinuncia di Papa Benedetto XVI: Trascritto dei Interventi] (Estefanía Acosta, Benedict XVI: Pope “Emeritus”? [trans. Clara Eugenia Laverde and Estefaníá Acosta; n.p., 2021], 77)