by Br. Alexis Bugnolo
On Monday, Dec. 18, 2023, the Dicastery for the Doctrine of the Faith, headed by Cardinal Fernadez published a Declaration entitled Fiducia supplicans.
Seeing that this document has scandalized the entire world, inasmuch as it says that habitual sinners, living in the vices of fornication, adultery and or sodomy can receive the blessing of a priest of Jesus Christ, it is necessary that all understand clearly and precisely what legal value this document has in the Catholic Church.
The laws of the Church are codified in the Code of Canon Law published by John Paul II in 1983. And so, when discussing the legitimacy or legal status of any instruction or document signed by any Cardinal or the Pope, one speaks about the juridical or canonical validity.
Canonical validity is a species of the genus of juridical validity. To say that something is canonically valid is to say that it does have force of law according to the canons of the Church published in the Code of Canon Law. To say that some instruction or document is juridically valid, is to say that it does have some binding force upon subjects, in this case, of faithful Catholics members of the Catholic Church.
Therefore, to the Question whether Fiducia supplicans is canonically valid, the answer is “It is NOT!”.
And to the Question whether Fiducia supplicans is juridically valid, the answer is “It is NOT!”.
And the reasons for these two answers are multiple. Let me explain.
First of all, as Vatican I teaches, the Pope has no authority to teach novel doctrines. Nor does he have any authority to teach things which are contrary to revealed truths, right morals, or against the Divine, Natural or Evangelical Law. Thus if he attempt to, he he attempting to do something beyond his powers. And thus his act or attempt is ultra vires, and thus null and void. In juridical consideration it is considered never to have been done. And in canonical consideration, it is considered never to have existed. — But, Fiducia supplicans teaches many things contrary to revealed truth (that God can bless sin), against the Divine Law (that God’s Name be invoked in blessing over impenitent sinners), against the Natural Law (that sodomites be blessed or approved of), against the Evangelical Law (taught by the Apostle Paul in his letter to the Romans, namely that these sins prevent one from salvation and thus from receiving blessing), and against right morals (public approval of public sin). Therefore, the Pope’s signature to this document adds to it no juridical or canonical value.
Second, the authority of the body which issued the document, Fiducia supplicans, is the Discastery for the Doctrine of the Faith. But if one searches in the Acta Apostolica Sedes one can find NO entity by this name erected into existence by a Roman Pontiff. For to establish anything in existence, the one establishing it must have the authority to do so. And every entity of the Apostolic See must exist by means of a published legal act bearing the signature of a man who holds the Petrine Munus at the time of its publication. But Pope Francis was not the holder of the Petrine Munus before January 30, 2023 — Pope Benedict XVI was, since he never renounced it by any legal act — therefore, this Dicastery does not exist in law. Hence all decrees, declarations and instructions of the Dicastery for the Doctrine of the Faith lack all juridical and canonical value. They are null and void from the moment they are published.
Third, and finally, no document has authority without an act of promulgation. The declaration Fiducia supplicans lacks any codicil of promulgation, as can be seen by reading its last paragraphs. Furthermore, it declares no obligation upon anyone for its acceptance. Therefore, it has imposed no juridical or canonical obligation upon anyone. Therefore it is also juridically and canonically invalid.
Dogmatically, the canonical invalidity of Fiducia supplicans is a fact which demonstrates the truth of the power and compass of Christ’s High Priestly Prayer for Saint Peter and his successors, since what has no legal value is not the object of Christ’s promise to intervene to prevent the faithful from going astray. And in this case, if any do go astray, the fault is of all those Cardinals, Bishops, Clergy and Canon Lawyers, and talking heads, who keep insisting that Pope Benedict XVI abdicated on Feb. 28, 2013. — For this reason, Christ will continue to allow grave abberations to be published in ways which are only explicable on His part, because He too recognizes that Pope Benedict XVI was His Vicar on earth until his death, as He told us He would, when He declared to the Successors of Saint Peter in regard to Canon Law, in particular canon 332: Whatsoever you bind upon earth, shall be bound in Heaven ….
UPDATES:
Once again, Ed Condon, who welcomed Fiducia supplicans, gets the canonical value of the document totally wrong, since he fails to consider first of all the level of authority of the issuing dicasery. This will be the standard pencil-pushing narrow sighted response from “canonists” on the document, so it is useful to read it, to familiarize oneself with their blind spots.
Traduction française :
Fr A. Bugnolo – De l’invalidité canonique de Fiducia Supplicans
https://www.homelie.biz/2023/12/br-a.bugnolo-de-l-invalidite-canonique-de-fiducia-supplicans.html
https://popehead.substack.com/p/andrea-cionci-buenos-aires-lightning