Eric Flint: 1635: The Cannon Law

"It was more than irregular," he went on. "It was a deliberate abuse of the dignity of Holy Mother Church by one whose charge it is, a charge laid on him by the Holy Spirit no less, to preserve the Church in all her glory. It was a deliberate abuse by one whose holy duty it is to preserve the Church against her enemies, within and without, whose solemn oath of office it is-" Borja stopped himself.

"Your Eminence is clearly exercised by this matter."

"Exercised, yes," Borja said, trying to collect himself. That Barberini was plainly unfit to hold that most holy of offices was plain for all to see, yet how many dared to speak of it? Borja could see that behind the professional mask, Sinceri was profoundly embarrassed by how this conversation was going. Still, let him be embarrassed.

"It is my belief that His Holiness has overstepped the bounds of what is acceptable in the behavior of a pontiff." There. Approach the matter carefully.

Sinceri thought that one over. He cocked his head upward, regarding the ceiling with its plaster cherubs and giltwork carefully as he turned the idea over. At length he said: "With the greatest of respect to Your Eminence, and to the matters of policy on which Your Eminence has sought to persuade His Holiness, I am not at all certain that that is a matter on which I entirely follow Your Eminence, in particular having regard to precedent-"

"Horseflies, Father Sinceri, horseflies!" Borja had been dealing with lawyers of one sort or another since he had been old enough to have charge of affairs, and knew the signs. It was best to stop them before they started on the hedging and obfuscation that their training made as natural to them as breathing. And canon lawyers, those who specialized in the laws of the church's governance, were the worst. All the obfuscation of lawyers with the pomposity of theologians on top.

"Your Eminence?" Sinceri raised an eyebrow.

Borja permitted himself a small smile. "You will recall that nearly every single appointment His Holiness has made since assuming the mantle of Saint Peter has been of one of his placemen, and more often than not a member of his family?"

It was Sinceri's turn to smile. "Ah. Your Eminence reminds me of the vulgar jest about the bees on the Barberini arms? That they were once horseflies? It is true that His Holiness has carried nepotism to unusual lengths, but it is not without precedent, and indeed-"

Borja cut him off again. "The man's concern for his family is, in truth, not without precedent. What I say to you, Father Sinceri, is that it is entirely revealing as evidence of the man's character. Entirely revealing." Borja snarled those last two words. He could feel the anger boiling up within him as he contemplated the man whose every action of the last few years had been to set the authority of the Church against the power of Spain, a course of action as personally frustrating to Borja as it was wholly unnatural and obviously contrary to God's scheme for the secular world.

Borja took a calming breath and carried on before Sinceri could interrupt. "It is becoming clear to all who have eyes to see, Sinceri. The man's selfish interests are guiding his actions, now, and quite likely always have been. I truly fear to think what his motives might be for impeding the progress of Catholic arms in the Germanies-for permitting the outrage in the Low Countries-but no matter. The question which brought you to mind in relation to the matter I have in prospect was the Galileo affair, as I have said. I think we are agreed that there was much in His Holiness's disposition of that case which gives cause for concern, no?"

Borja watched Sinceri's face. There were other lawyers who might be of service in what Borja had in mind. There were certainly plenty of inquisitors who were at the very least slighted by the pope's treatment of the Holy Office the year before. Of the men who were in both groups, Sinceri was the one best known personally to Borja; they had worked together before on Inquisition business. And, when all was said and done, Sinceri was one of the most senior and respected lawyers in the Inquisition's prosecuting arm. His opinion, publicly expressed, would carry a lot of weight.

Certainly, Borja could manage without Sinceri in the scheme he was now firmly settled on. But there were definite advantages to having his support.

Sinceri's nod of agreement was almost instant, and Borja felt the first moment of genuine pleasure he had felt all day. "Indeed, Your Eminence," he said. "His Holiness' actions were quite-unprecedented."

A characterization, Borja reflected, that was quite spectacularly damning coming from a lawyer. He schooled his face to solemnity. From here, there was only the direct route to the destination. "The matter I have in mind," he said, "is nothing less than the impeachment of His Holiness."

Sinceri's response was immediate. "Impossible."

"Unprecedented, certainly," Borja replied.

"Not entirely," Sinceri said. "The antipopes, in particular, are the precedent to which I refer Your Eminence-"

Borja let the details wash over him without much attention. He had, of course, studied canon law himself and was familiar with the whole business. There had, more than once, been two claimants to the mantle of Saint Peter. Dozens of times, in fact. The polite fiction was that one was the true pope and the other an impostor, determined by which one had been legally elected. But the Church's firm statement on the subject was not necessarily the whole truth. Many of the thirty or so antipopes recorded in history had contrived to discharge real functions of the office and had only become antipopes after the event, so to speak.

In practice, the record was frequently patchy even as to some of the clearer-cut cases. It was sound theology that the Holy Spirit worked in the world through the wager of battle, and by extension through the outcome of political maneuvering, after all. Borja privately speculated that the record had almost certainly been altered or effaced after the event to insure that the eventual loser appeared as the antipope to the eyes of history.

Borja could see the way clear at every step. It was simple. The sheer celerity with which the plan had come to him was an indicator of its true source.

"-and so, your eminence," Sinceri was saying, as Borja returned from his private reverie, "while there has been at least one abdication of a pope from his office, not one has been dismissed whether by the college of cardinals or otherwise without his successor coming down to us in the historical record as an antipope. The precedent is clear: the pope cannot be impeached."

"There is no way?" Borja asked, knowing the answer from other canon lawyers, consulted before this day.

Sinceri gave a small, dry chuckle like the rustling of old parchment. "Your Eminence will recall the jest that there is precedent for nothing until it is done for the first time, perhaps?"

Borja laughed politely. "Indeed," he said. "We must simply hope that His Holiness sees the error of his ways and abdicates, no?"

Suddenly, and to Borja's mixed delight and alarm, Sinceri was every inch the inquisitor, the dryness antarctic rather than scholarly. "I am sure the Holy Spirit will guide him to the right conclusion, Your Eminence."

A statement, Borja realized, which could be parsed in oh so many interesting ways. Sinceri would never conspire, never scheme. But if a scheme looked like succeeding, Sinceri and men like him would be there with the right formalities, the right words and above all the right documents to turn a coup into an orderly change of government.

Borja clasped his hands and raised his eyes piously to heaven. "It shall be a conclusion to this matter that will never be far from my prayers," he said. "In the meantime, Father Sinceri, may I ask you to do me the estimable service of having ready a briefing on every precedent for papal abdication, and on the current legislations on the conclave of election? I should be most interested to study at length the scholarly conclusions you have kindly sketched for me today."