I don’t think it plausible that Benedict XVI wanted to carry on being the successor of St Peter and not bishop of Rome in order to allow someone else to be bishop of Rome and not successor of St Peter, i.e. that he held and wanted to put into practice a hypothesis that has occasionally been put forward, that a pope can separate the papacy from the Roman see. But here are some notes about the state of the question.
In 1851, in the apostolic letter Ad apostolicae sedis fastigium, Pius IX condemned the view found in the works of John Nuytz, a canonist from Turin, who maintained that “nothing prevents the supreme pontificate from being, by the decision of some general council, or by the deed of all peoples, transferred from the bishop and city of Rome to another bishop and city” (the original Latin is available here, page 93.) This condemnation was placed into the Syllabus of Errors, number 35.
That might seem to settle the question, since the pope can’t do more than a general council can do. But perhaps Nuytz meant it in a conciliarist sense, i.e. he was perhaps thinking of a council acting independently of a pope, given that he also suggests that ‘an act of all the peoples’ (whatever that would look like) might also suffice. Also, the opposite of ‘nothing prevents’ is not ‘divine law prevents’ but ‘something prevents’, so I suppose Pius IX could have had in mind simply that e.g. ‘respect for tradition’ prevents it, though that seems unlikely.
In the first draft of Pastor aeternus, at Vatican I, the second canon read:
If anyone says that it is not by the institution of Christ the Lord himself that blessed Peter should have perpetual successors in the primacy over the whole Church; or that the Roman Pontiff is not by divine law the successor of blessed Peter in this primacy: let him be anathema.
That is almost the same as the canon as finally agreed on, with one interesting change. The words ‘divine law’ were moved and made into a gloss on the phrase ‘by the institution of Christ the Lord’. Hence the canon as promulgated reads:
If anyone says that it is not by the institution of Christ the Lord himself (that is to say, by divine law) that blessed Peter should have perpetual successors in the primacy over the whole Church; or that the Roman Pontiff is not the successor of blessed Peter in this primacy: let him be anathema.
Some of the fathers had said that a distinction should be drawn between the law by which St Peter has perpetual successors, which they said was of divine institution, and the law by which these successors are the bishops of Rome, which they said was better said to be ‘of divine ordination’, i.e. that God had inspired St Peter to make the choice of Rome.
Bishop (not yet Cardinal) Pie, acting as Relator, was basically in agreement with this. He said that the first law (perpetual successors) was of divine institution, and that the latter was of the institution of St Peter, disponente Domino, and that it is therefore a human law “which nevertheless is better and more truly called an ecclesiastico-apostolic law”. He argued nevertheless that the canon should be left unchanged, on the grounds that it followed from two premises which are of faith, namely that St Peter has perpetual successors, and that (as Florence defined), these successors are, as a matter of historical fact, the bishops of Rome. This seems like a bad argument, unless I have misunderstood it.
Anyway, a request was again made that the words ‘iure divino’ be omitted. The next Relator, a bishop Zinelli, said that while it cannot be doubted but that St Peter transferred his see from Antioch to Rome as the result of a divine revelation (ex revelatione divina), as Innocent III says in letter 209 (PL 214:761), nevertheless, it had not been the intention of the drafters to condemn those who rejected this, but only to say that, given the divine law about perpetual succession, and the act of St Peter in choosing Rome, therefore the bishops of Rome are in fact these divine-law-promised successors (and hence that if someone refused to accept Pius IX as the successor of St Peter, he would be contravening divine law.) However, he accepted that the canon as it stood was ambiguous, and said that it had therefore been decided to move the words ‘iure divino’ to the place that they came finally to occupy.
June 6, 2020 at 7:56 pm
I was just looking at the thesis from the Bishop of Vancouver that has been cited recently and the work by Thomas Livius. It seems that there were people at Vatican I (‘inopportunists’ doubtless) who wanted to leave open the possibility that the See of Rome and the Supreme Pontificate were separable but the Deputation seemed to be carefully ignoring that suggestion and only preserving neutrality between the possibility that the Roman character of the Supreme Pontificate was a free decision of St Peter (albeit prophesied in advance and inspired by God) and the possibility that it was explicitly commanded by Our Lord. In the former case the two would be essentially separable but in fact inseparable because only the bishop of Rome can now logically be the successor of Peter. In the latter case the two offices are de iure divino essentially inseparable. In neither case, however, can they be separated.
“For no one can be in doubt, indeed it was known in every age that the holy and most blessed Peter, prince and head of the apostles, the pillar of faith and the foundation of the Catholic Church, received the keys of the kingdom from our lord Jesus Christ, the saviour and redeemer of the human race, and that to this day and forever he lives and presides and exercises judgment in his successors the bishops of the Holy Roman See, which he founded and consecrated with his blood.”
June 7, 2020 at 12:20 pm
Who is Livius and what does he say?
Bishop Pie in his Relatio says that the text ‘leaves to one side the questions and hypotheses that are more or less freely disputed in the schools, with regard to the perpetuity of the city of Rome and the conjunction of the primacy with the Roman See’.
p. 293, penultimate complete paragraph:
https://archive.org/details/actaetdecretasac00unse/page/n173/mode/2up?q
June 8, 2020 at 12:12 am
But this seems logically incompatible with the text.
June 9, 2020 at 1:11 am
The opposed bishops objected at the time that the chapter excluded their understanding and the Deputation replied that it is “a dogma of the faith that whoever succeeded Peter in his cathedra was also successor to the primacy”. They only retained neutrality on whether this was in irrevocable conjunction of fact or of law.
June 9, 2020 at 1:23 am
https://www.google.com/books/edition/S_Peter_Bishop_of_Rome/10pDAAAAYAAJ?hl=en&gbpv=1&dq=inauthor:%22Thomas+Livius%22&printsec=frontcover
June 9, 2020 at 1:25 am
https://www.google.com/books/edition/The_divine_right_of_the_papacy_in_recent/njXIJaDZhV4C?hl=en&gbpv=1