Anthony Hopkins stars as a priest, performing an exorcism, in a scene from the 2010 movie “The Rite.” (CNS photo/Warner Bros.)
by Br. Alexis Bugnolo
What follows here are the canonical steps by which Bergoglio can be peacefully, easily and lawfully removed from his position of power.
First, any Catholic Bishop or Cardinal, whether holding jurisdiction or not, whether of the Latin Rite or not, in his capacity as a member of the College of Bishops needs to make this public declaration, or its equivalent:
As member of the College of Bishops, whose unity with the Successor of Saint Peter is essential to its proper function in the Church for the accomplishment of the will of Christ, to continue His Salvific Mission on Earth, I hereby declare that I have examined the official Latin text of Pope Benedict XVI’s act of renunciation of February 11, 2013 A.,D., which begins with the words Non solum propter, and I have found that it is not in conformity with the requirement of Canon 332 §2, that states explicitly that a papal resignation only occurs when the Supreme Pontiff renounces the Petrine Munus. Seeing that Pope Benedict renounced only the ministerium which he received from the hands of the Cardinals, and seeing that he did not invoke Canon 38 to derogate from the obligation to name of the office in a matter which violates the rights of all the Faithful of Christ, and even more so, of the members of the College of Bishops, to know who is and who is not the Successor of Saint Peter, and when and when not he has validly renounced his office, I declare out of the fullness of my apostolic duty and mission, which binds me to consider first of all the salvation of souls and the unity of the Church, that Pope Benedict XVI by the act expressed in Non Solum Propter never renounced the Papal Office and therefore has continued until this very day to be the one and sole and true and only Vicar of Jesus Christ and Successor of Saint Peter. I therefore charge the College of Cardinals with gross negligence in the performance of their duties as expressed in Canon 359 and n. 37 of Universi Domini Gregis by proceeding in February and March of 2013 to the convocation and convening of a Conclave to elect Pope Benedict’s successor when there had not yet been consummated a legal sede vacante. And thus I do declare the Conclave of 2013 was uncanonically convoked, convened and consummated and that the election of Cardinal Jorge Mario Bergogio as Successor of Saint Peter is null and void and irritus by the laws themselves of Holy Mother Church, as established by Pope John Paul II.
Second, Catholic Bishops and Cardinals and indeed all the Faithful should personally examine the text of February 11, 2013 according to the norms of Canons 332 §2, canon 17, canon 38, canon 145 §1, canon 41, canon 126, and in particular canon 188. (see ppbxvi.org for more information.)
Third, the Cardinals and Bishops should hold spontaneous regional or universal Synods to confirm the same and publicly affirm the same.
Fourth, the Bishops and Cardinals should call on the Swiss Guard and Vatican Police to arrest Cardinal Bergoglio and detain him and obtain from him public affirmation of the same.
Fifth, the Cardinals should approach Pope Benedict XVI and ask if it is now his intention to resign the Petrine Munus or not. If not, they should convey him to Saint John Lateran’s and acclaim him with one voice as Pope and ask his forgiveness publicly for having defected from him and elected an antipope. If so, they should ask him to redo the renunciation, this time renouncing the Petrine Munus; and then they should convene a Conclave to elect Benedict’s legitimate successor.
One of the most common canards used to discount that Pope Benedict XVI is still the pope is that, regardless of all the Canonical Evidence that he did not, He has never publicly affirmed that he did anything other than resign the papacy.
This bold assertion is the kind of propaganda used by intelligence agencies to confuse the Enemy. And if you have not yet considered the evidence, you should take note not to be led astray.
In propaganda of the kind which is used in psychological manipulation, the first characteristic sought is to lie and lie boldly. As Rousseau affirmed, “Lie, Lie and Lie, and something will come of it”, or as Adolf Hitler said, the biggest lie is the most effective:
All this was inspired by the principle—which is quite true within itself—that in the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods.
It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously. Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying.
The Big Lie operative in the Church today says that “Benedict resigned”. As I pointed out in my previous post on the Vatican Coup d’etat of Feb. 11, 2013 (see link here), the Vatican has NEVER affirmed by a canonical document or press release that Pope Benedict resigned or renounced the Papacy. They merely confirmed a TWEET by a pool reporter, who knew some Latin.
This contradicts the expressed obligation of the Papal Law on Elections. Because in Pope John Paul II’s Law, Universi Dominic Gregis, n. 37, the Cardinals are obliged not to act if there has been no lawful vacancy of the apostolic see:
37. I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, the Cardinal electors who are present must wait fifteen full days for those who are absent; the College of Cardinals is also granted the faculty to defer, for serious reasons, the beginning of the election for a few days more. But when a maximum of twenty days have elapsed from the beginning of the vacancy of the See, all the Cardinal electors present are obliged to proceed to the election.
And, thus, obviously, to observe that norm, the Cardinals MUST VERIFY whether there is in fact a lawful or canonical sede vacante.
In the present case, therefore, that means that they must verify that the norm of Canon 332 §2 was fulfilled. But, again, as I have said before, the Vatican has never publicly affirmed that the resignation was canonically in conformity to Canon 332 §2, which is the only canon on papal resignations.
That Pope Benedict never resigned the petrine munus, as Canon 332 §2 requires, is a fact of history. Just read the Latin text of his renunciation and follow the norms of Canon Law on how to read it (see link here, and a discussion here; see an analysis of all the official Vatican translations, all fraudulent, which have attempted to present the Big Lie, here)
But, before we consider the testimonies from our Holy Father, let us first unpack the propaganda, of the Big lie, which is employed by nearly the entire Hierarchy, except Bishop Gracida.
Exposing the Fallacy of Resorting to the Big Lie
Therefore, the canard, that Benedict needs to affirm that he has not resigned the Papacy, before anyone can take seriously the canonical arguments that he did not do so validly are to be accepted — is a complete absurdity! It’s propaganda to support the Big Lie, because it takes as its first premise (though implicit) that the assertion that Benedict did resign has the pride of place, that is, the greater authority.
The international Association of Catholics, which is opposed to the Kasperites, and called Veri Catholici, recently un-packaged the fallacy of resorting to the Big Lie, thus:
THE INSANITY IS UNENDING! — A supporter of Cardinal Burke told VC HQ that so long as Benedict does not confirm that he meant what he said, there is no evidence that what Cardinal Burke THINKS B16 meant is FALSE. Thus VC will discredit its own organization with #PPBXVI truth!
The correct forensic principle, which a canonist SHOULD know, is that what someone says is prima facie what he means, and he who claims that the intention was such as to make it other than prima facie IS REQUIRED TO PROVE HIS INTERPRETATION by a first hand DENIAL of the prima facie.
THUS there is no necessity AT ALL that Benedict confirm that he resigned the ministry not the office, NAY there is the necessity for the Cardinals to obtain from Benedict the statement THAT HE NEVER INTENDED TO RENOUNCE THE MINISTRY BUT RATHER THE OFFICE OF THE PAPACY.
But this is impossible and contra factum, because FOR SIX YEARS BENEDICT HAS DRESSED LIKE THE POPE, SIGNED AS THE POPE, GIVEN BLESSINGS AS THE POPE DOES, AND ACCEPTED THE HONORS AND DIGNITY OF THE POPE! If that aint confirmatin of PPBXVI.org nothing is!
And if anyone should claim that he calls Bergoglio the pope and lets him run the church as a pope, nevertheless, though that could put in doubt the 6 year testimony, IT DOES NOT FORENSICALLY INVALIDATE THE PRIMA FACIE rather it argues for coercion or insanity, not validity!
Because FOR THE VALIDITY OF A PAPAL RESIGNATION there is required nothing but the DUE MANIFESTATION OF THE FORMAL SIGNIFICATION OF AN ACT OF RENUNCIATION OF THE PAPAL OFFICE: intentions not expressed are praeter rem!
though (a corruption of) liberty, (or) freedom (as can arise) from coercion or simony can corrupt a valid formal signification, cf canon 332.2 and 188.
(In this quotation I have corrected some typographic errors and elipsees in Italics)
With this preliminary introduction, let us proceed to the main subject then.
Pope Benedict’s Testimonies that He has not Resigned the Papacy
There are several things Pope Benedict did to signify that he never had the intention to resign and that he never did resign.
1. Normas nonnullas
First of all on Feb 22, 2013, he issued certain modifications of Pope John Paul II’s law on Papal Elections. In that Apostolic Letter, entitled Normas nonnullas (see link here), Pope Benedict did NOT make any changes to suit the occasion of a Papal resignation!
This is significant, because the Papal Law only tangentially refers to a sede vacante arising from a papal resignation, and clearly, if He had resigned the Papacy, he should have addressed that error in the Papal Law modifications which he enacted into law on Feb. 22, 2013! Not only did he NOT do that, but he modified a section of the law regarding PAPAL FUNERALS (n. 49). In this way he was giving a big sign that he was going to hold out as the Pope until death.
2. Final Audience of Wednesday, February 27, 2013: in Saint Peter’s Square
Next, In His Holiness’ final public audience to the Faithful, he confirmed this in extraordinary terms which cannot be reconciled with a papal resignation:
Here, allow me to go back once again to 19 April 2005. The real gravity of the decision was also due to the fact that from that moment on I was engaged always and forever by the Lord. Always – anyone who accepts the Petrine ministry no longer has any privacy. He belongs always and completely to everyone, to the whole Church. In a manner of speaking, the private dimension of his life is completely eliminated. I was able to experience, and I experience it even now, that one receives one’s life precisely when one gives it away. Earlier I said that many people who love the Lord also love the Successor of Saint Peter and feel great affection for him; that the Pope truly has brothers and sisters, sons and daughters, throughout the world, and that he feels secure in the embrace of your communion; because he no longer belongs to himself, he belongs to all and all belong to him.
The “always” is also a “for ever” – there can no longer be a return to the private sphere. My decision to resign the active exercise of the ministrydoes not revoke this. I do not return to private life, to a life of travel, meetings, receptions, conferences, and so on. I am not abandoning the cross, but remaining in a new way at the side of the crucified Lord. I no longer bear the power of office for the governance of the Church, but in the service of prayer I remain, so to speak, in the enclosure of Saint Peter. Saint Benedict, whose name I bear as Pope, will be a great example for me in this. He showed us the way for a life which, whether active or passive, is completely given over to the work of God.
(In this quotation I have added color to the text)
The Pope could not be more clear, he had resigned the active ministry of the office, not the office. He was resigning the power of governance, but remaining the pope.
All this refers not to a resignation, but a forced abdication or a voluntary retirement of someone who still retains the Papal dignity and office.
3. Pope Benedict leaves Vatican on Feb 28, 2013, as the Pope, not as Cardinal Ratzinger
The Final and loudest visible message was sent by the Pope on the following day, when he left the Vatican, but did NOT lay aside the symbols of the office of the Pope:
He is given official escort as a Head of State by the Italian Republic
He flies, not to Munich, where his brother lives, but to Castel Gandolfo, the private residence of THE POPE.
Any objective observer must therefore conclude, that he remains the Pope, and is signaling that he remains the Pope. Because he is acting as the Pope, retiring from a Vatican that no longer wants him, but NOT as a Pope who has just resigned the Papacy.
Q.E.D.
______________________
NOTA BENE: Someone may say, But Pope Benedict recently said in June, 2019, that “There is only one Pope, and he is Francis”… That report was entirely false, and intentionally so. Here is more about that from Veri Catholici. Click on both links to read the two stories, the false claim by the Catholic Herald, and the debunking of the false claim by Life Site News:
Or, Why did Pope Benedict XVI do what he did on Feb. 11, 2013?
by Br. Alexis Bugnolo
Pope Benedict XVI, who has been lauded by many as a brilliant theologian, is in my opinion, a more brilliant chess player, for he has defeated the AntiChurch with the most incredibly subtle and effective manuever which could ever be conceived, and which takes a great deal of study to recognize, if you, like myself, took at face value the hearsay which has been put out for the last six years.
Admittedly, the honor and glory for it belong first of all to God, Who enlightens all men and inspires them at times to do things mere mortals could never conceive of. But also, thanks goes to God for sending Our Lady to Fatima to reveal to Sr. Lucia a secret which has until this day remained hidden, so as to give sound counsel to the true Successor of Saint Peter in the End Times.
How Pope John Paul II strengthened the Bulwark of the Church against the AntiChurch
I believe that with that knowledge, Pope John Paul II did 3 things: first, he chose Joseph Ratzinger to come to Rome and prepared him to succeed him (perhaps because he sensed that Ratzinger had the gift of prophecy); second, in 1983, he added the term munus to canon 332 §2, to constrain all of his successors to the obligation of renouncing the Petrine Munus so as to resign the papacy; and third, in 1996, he promulgated a new law on Papal Elections, which would nullify any attempt of the AntiChurch to usurp the Papacy or elect successors to AntiPopes (by requiring that all valid conclaves meet within 20 days after the death of valid popes).
Pope John Paul II warned the Church of the AntiChurch which was rising. He beatified Ann Catherine Emmerich (on the Vigil of St. Francis of Assisi, in 2004) to give papal approval to her own visions in this regard. It should not be surprising then, that in secret, or I should say, in the bright light of day, in papal acts he prepared the Church against that Evil to come!
By these three acts, Pope John Paul II set the chess board and enabled his chosen successor, Ratzinger to enact a stratagem of deception to defeat the forces of darkness.
The Forces of the AntiChurch struck quickly
No sooner than Pope John Paul II had died that the St Gallen Mafia, which had been meeting in that Swiss town for some years, mobilized to put Bergoglio on the Apostolic Throne in the Conclave of 2005. Bergoglio, as is now known, garnered the most votes after Ratzinger. In his campaign to get elected he promised radical financial reforms in the Vatican, so he could pose as a savior and reformer, though his agenda was that of Cardinal Martini, to make the Church into the Bride of the Anti-Christ.
Recently an Argentine Priest revealed, that Pope Benedict, soon after his election in 2005, had asked Bergoglio to be Secretary of State (see report here). Benedict intended by this offer to diffuse the conflict which arose in the Conclave, and to draw out the real intentions of Bergoglio. Bergoglio’s refusal manifested his deceit, because all the reasons given in the Conclave for his election, which in truth could be done by a Secretary of State, if honest, would have spurred him to accept Benedict’s offer. But without the papal authority, his evil and malign agenda could not be advanced. — By this sign of offering the olive branch of peace, Benedict signaled to his own supporters, that after himself there would come an Anti-pope (cf. Prophecy of St Malachy).
With the threefold knowledge of the future had from the Third Secret, from Pope John Paul II and from his own experience in the CDF, Pope Benedict now knew what he had to do. He knew Bergoglio wanted power and would be blinded by its offer. He took preparations to defend the Church with tradition and as the pressure built from the St Gallen Mafia, he crafted their defeat in secret. At the same time, he openly warned the faithful, that the Message of Fatima was about to be fulfilled (On May 13, 2010, saying “We would be mistaken to think that Fatima’s prophetic mission is complete…”).
Benedict knew that removing the Lavender Mafia from the Vatican was key to defending the Church. But as court documents revealed, in the WikiLeaks controversy, as that effort led to the destruction of the careers of many sodomites, they moved against Benedict to have him removed. His Pontificate had removed hundreds perverts from the clergy.
As I have written before, there was in my estimation a formal attempt at a Coup d’etat (see report here). And this was actually put in motion, with the intent to effectively imprison Pope Benedict (see Report here). — The Conclave pact in 2005 among the warring factions of Ratzinger (Church) and Bergoglio (Anti-Church) also prepared the way (see report here). But, with their cause lost at that conclave, the St. Gallen Mafia would have to wait for Benedict to resign, because being old, he revealed that he was inclined to resign in a few years, anyhow. As he lingered on, however, their rage and impatience exploded.
The restoration of the Ancient Mass (July 7, 2007) and the expansion of the permissions for its use (April 30, 2011) caused a general outburst among the wicked clerics. I myself know this took place in the Italian Bishop’s Conference in 2011, because a Bishop who attended told me how Cardinals and Bishops stood up, one after another, and said the most vile things against Benedict. I also know personally, from the testimony of a Sicilian Businessman, who was in Shanghai, that the Cardinal of Palermo had warned that Benedict could die within a year from poor health. The St Gallen Controlled Media expanded this and reported it as if the Cardinal has said that Benedict had a year to live or else. That report was published around Feb. 11, 2012! (note the date)
Benedict’s Master Stroke
Pope Benedict XVI then played his master stroke. In the Summer of 2012 he indicated to Cardinal Bertone that he was going to resign. He discussed the matter with no one but his secretary Ganswein and a few others. I believe that he wrote the text of abdication in the Fall of 2012. I also postulate that he intentionally showed the Latin text (the invalid one) and a faulty German translation (which makes it appear the Latin is a valid formula) to members of the St Gallen Mafia, to obtain their consent to it. By that act he sealed their doom.
Because only one who was fluent in Latin and knowledgeable about Canon Law and who accepted the traditional metaphysics of the Church would be able to see that the resignation by that formula would be invalid. Ratzinger further prepared the ground by emphasizing for years before, that his favorite theologian was Saint Bonaventure. This caused scholars, like myself, to start studying St. Bonanveture’s Scholatic method for textual analysis of the signification of expressions, which is unparalleled among all the Doctors of the Church.
The only thing is, that Benedict began to give signs of the truth, not only for the sake of the Faithful, but to annoy the St Gallen Mafia. He kept wearing the papal cassock, retained the titles of Your Holiness and signed with PP. Benedictus XVI, and continued to give the papal blessing. He did these things to get faithful Catholics to examine the text of resignation and discover it was invalid. — He did this also, because, I believe, he was obeying Our Lady’s word at Fatima, in which She had revealed that there would come a time in which the Catholic world thought there were 2 popes, but only one of which was the true pope. The one who was the true Pope would continue to wear white, the other would usurp the office; and that the Anti-Church would attack the true Pope and the faithful gathered about him.
By an invalid resignation Pope Benedict has canonically invalidated everything Bergoglio has done, can do, and can ever do! Bergoglio is now an AntiPope because of the clever trick Benedict played on him. And Bergoglio is so entangled by this stratagem of Benedict that he cannot admit its existence, because if he does, he must give up his claim to the papacy.
If Benedict should die, then there will be no valid Successor of Saint Peter unless the pre-Bergoglian Cardinals meet in conclave within 20 days. Otherwise, as Pope John Paul II declares in the promulgation of Universi Dominici Gregis, at the end of the text, any action the Cardinal Electors take will be invalid. If they fail to do this, the Church will not be bereft of a pope, because, as Pope John Paul II taught in UDG’s prologue, the institution of the College is “not necessary for a valid election” of the Roman Pontiff: there is still the ancient Apostolic Law regarding the right of the Roman Church to elect the Pope.*
Benedict has defeated “Francis”!
Note: I wish to publicly apologize to His Holiness Pope Benedict XVI for anything I have said in criticism of him, since it was not until today that I understood what he had did and why he had done it, nor that as Pope he was acting for the good of the Church in the best and only way he could see to do, acting on the basis of the counsels of Our Lady and Pope John Paul II. — Finally, I entertain the possibility that some Cardinals know of this grand stratagem of Benedict and that is why they act so dumb when asked about the question of validity or invalidity of the resignation.
FOOTNOTE:
* The right of election will fall to those Catholics of the Diocese Rome, who recognize that Benedict always was the only true pope, and that Bergoglio was always and is only, and nothing more, an Antipope. See my Disputed Question on Defecting Cardinals, here.
Rome: September 9, 2019 A. D.: The Vatican has conceded that Jorge Mario Bergoglio is an AntiPope. The concession came tacitly as of Saturday, when, after 90 days since the publication of the news that Pope Benedict had accepted the arguments which demonstrated his resignation was invalid (as reported here), the Vatican took no action to discount the report.
The report was public knowledge at Rome, since it was 4 times accessed by computers at the Vatican (some of which were in the offices of the Secretary of State). In response, that office requested the Corriere della Sera to interview Pope Benedict in an attempt to get him to withdraw his tacit acceptance, with the admission on his part, that “The Pope is one, he is Francis”. The interview having failed to extract those words from Benedict — during an exchange of photographs in the Vatican Gardens in the 3rd week of June, or there abouts (the interview never gave a time or place which was specific) — the Vatican Press Office put out a teaser the day before its publication in the Marxist Newspaper, claiming Benedict HAD said those words (Catholic News Agency).
Veri Catholici, the international Association, discounted the report on Friday, after acquiring a copy of the Corriere della Sera’s actual printed interview (As reported here). LifeSite News, which initially reported the false assertions of the Vatican Press Office, took back the claim a week later in a full article on July 4, 2019. (Veri Catholic also publicly asked Life Site News to investigate the WHY of it — As of today, they have failed to follow through)
The Corriere della Sera subsequently published the “interview” online (see here).
Even Antonio Socci on July 1st remarked the occurrence of the publicity debacle for the Vatican, as another gross fake news story (see end of Socci’s article, where he cites more evidence that Benedict knows he is stil the pope).
But the import of the event was ignored. Namely, that the Vatican was attempting to discount the report by From Rome of the tacit acceptance.
To which I say: Is everyone brain dead at Rome? Can you not put on your thinking cap and do some reasoning, like this?
Vatican Press Agency risks its entire reputation by making a false claim about what Benedict had said
Corriere della Sera was asked by the Vatican Secretary of State to attempt to extract such a statement from Pope Benedict
Pope Benedict refused to make such a statement
Pope Benedict had thus publicly reaffirmed he would not discount the assertion of the From Rome Blogger
Therefore, Benedict is aware his resignation was not canonically valid
Therefore Benedict is aware that he is still the only true Pope and Vicar of Christ
Now that 92 days have passed, the Vatican, not having discounted anything of the above, has conceded that Bergoglio is not the Pope. But at the same time allow him to keep pretending to be the Pope.
But a pretender to the Throne of Saint Peter is an AntiPope.
Therefore, the Vatican has conceded that Bergoglio is an Antipope.
(BTW, for the record, the Vatican Secretary of State had already conceded that Benedict is the Pope; see the report here). And the Vatican has known the resignation was invalid since March 2013, when they tried to cover it up (see the report here).
For the complete canonical demonstration of the invalidity of Benedict’s resignation, see PPBXVI.org
FOR THE LOVE OF JESUS CHRIST, therefore, please spread the news to the whole Catholic World!
Offriamo qui di seguito un calmo e ragionato argomento sul tema circa la invalidità delle dimissioni di Papa Benedetto XVI, a beneficio dei Cattolici che desiderano conoscere la verità.
Perché un cattolico dovrebbe difendere la validità delle dimissioni di Papa Benedetto XVI?
Siamo obbligati a farlo secondo la legge canonica? – No,
Si commette peccato in non farlo quando sussiste l’evidenza di invalidità ?- No
Sussiste presupposto di legge circa la validità? – No.
Sussiste l’evidenza circa la non validità? -Si.
Perché le dimissioni di Papa Benedetto XVI non sono valide?
Per capire il perché richiamiamo il testo originale delle dimissioni e del Diritto Canonico;
Quapropter bene conscius ponderis huius actus plena
libertate declaro me ministerio Episcopi Romae, Successoris Sancti
Petri, mihi per manus Cardinalium die 19 aprilis MMV commisso
renuntiare…
Quali sono i requisiti di validità per le dimissioni del Papa? – Questi si trovano nel Codice di Diritto Canonico del 1983, Canone 332 §2;
§ 2. Si contingat ut Romanus Pontifex muneri suo
renuntiet, ad validitatem requiritur ut renuntiatio libere fiat et rite
manifestetur, non vero ut a quopiam acceptetur.
Qual’é quindi la prima condizione o
requisito di validità , secondo il canone 332 §2 per la validità delle
dimissioni del Papa? – Il requisito e’ che il Romano Pontefice rinunzi
il suo munus (muneri suo renuntiet).
Ha il testo delle dimissioni rinunziato al munus? – No, dice chiaramente: declaro me ministerio…renuntiare.
Se la rinunzia non riguarda il munus,
trova il canone 332 §2 applicazione? – Si e No. Si perché dal momento in
cui non assolve alle condizioni per dimissioni entro I termini (in
questo caso il munus) del Canone 332 §2, non è valida. E No, in
quanto essendo un atto giuridico che e’ posto al di fuori dei termini
del Canone 332 §2 non riguarda le dimissioni del Papa, ma meramente le
dimissioni dal servizio attivo.
Possono le dimissioni di Papa Benedetto XVI essere interpretate come valide?
Alcuni dicono, apparentemente a ragione,
che il Papa può rinunziare al munus nel rinunziare al ministerium. E’
questo un argomento valido? – No, non lo e’, perché non è materia di
mera affermazione, la Legge stessa deve dichiararlo. Si ricorda che non
vi può essere innovazione nella Legge della Chiesa in assenza di atto
positivo di un superiore competente.
Ma non è un atto di rinunzia un atto
giuridico che stabilisce un nuovo modo di rinunzia? – No. Gli atti
giuridici non sono atti tirannici, non possono auto-giustificarsi, ma
devono trovarsi in accordo con la Legge della Chiesa. Ciò perché, come
dichiarato dal Concilio Vaticano I, persino il Papa non ha autorità per
inventare novità.
Ma se si dovesse sostenere che il
ministerium si possa supporre o possa essere compreso quale munus, come
si dovrebbe provare? – Come enunciato nel Canone 17, quando sia in
dubbio il significato della Legge, si deve fare ricorso ad altre parti
della Legge, e se non vi si trova chiarezza, si deve fare ricorso al
legislatore.
Il Codice di Diritto Canonico autorizza a supporre il “ministerium” quale munus o il “munus” quale ministerium? – No, in nessuna parte del Codice si dice che il ministerium é munus o il munus é ministerium.
Infatti, secondo il Canone 17, le definizioni dei termini contenuti nel
Codice medesimo, devono essere accettate quale AUTENTICA espressione
della mente del legislatore (Papa Giovanni Paolo II) nel promulgare il
Codice di Diritto Canonico. Il Canone 145 §1 definisce ogni ufficio
ecclesiastico (officium) quale munus, non ministerium.
E la tradizione canonica, richiede rinuncia di munus
quale valide dimissioni dall’uffcio papale? – Si, cio’é chiaro. perché
in tutte le dimissioni precedenti non solo c’è rinunzia del munus (o
sinonimi: onus, honor, dignitas, o nomi proprii: papatus, episcopatus) ma non c’e’ neppure menzione di ministerium. Neppure esiste tradizione canonica ove si possano supporre termini che non significano munus, quali munus secondo
tradizione canonica. Il papa non crea o inventa lingue o forme di
significati linguistici, altrimenti nulla sarebbe certo o oggettivo
nella Chiesa. Anzi, come dice il canone 38, se un Papa agisce in
qualsiasi modo contrario ai termini del Canone 332 § 2, il suo atto è
valido solo se menziona esplicitamente la sua intenzione di agire con
una deroga ai suoi termini.
Se entrambi il testo del Codice di
Diritto Canonico e la tradizione canonica richiedono la menzione del
munus in una rinunzia al papato, allora in virtù del Canone 17, coloro I
quali sostengono che la rinunzia di Benedetto XVI sia valida, hanno
valide ragioni? – No, nessuna.
Pertanto, devono tutti i cattolici riconoscere che in virtù proprio secondo il diritto, la rinunzia non è valida? – Si.
Significa qualcosa che tutti I Cardinali
agiscano come se fosse valida? – No, perché secondo il Canone 332 §2
anche se il tutto il mondo sostenesse che la rinunzia è valida, se non
incontra le condizioni del Canone 332 §2, non è valida. Non c’e’ la
minima possibilità di distorsione.
Ma il fatto che si sia tenuto un Conclave per eleggere un nuovo Papa, nel Marzo del 2013 non rende valide le dimissioni di Benedetto XVI? Il suo consenso tacito, non le rende valide? – No a tutte e due le domande. Prima di tutto perché nulla rende le dimissioni valide eccetto la conformità al Canone 332 § 2. Secondo perché per istituzione Divina il Munus Petrinum non può essere condiviso con altri, Per cui se Benedetto non lo ha rinunziato, lo detiene. Se lo detiene, eleggere un altro Papa è contrario alla legge divina fintantoché egli è in vita. E nel suo atto di rinunzia, egli non ha ordinato espressamente, che venisse convocato un Conclave in vita sua. Che egli abbia acconsentito a tale cosa, potrebbe essere dovuto a timore o ad errore nella sostanza riguardo a quanto necessario per rinunziare al suo Ufficio. Se dovuto a timore, ciò non lo rende valido. Se egli è in errore sostanziale, secondo il Canone 188, il suo atto è espressamente non valido iure ipso, cio’è proprio secondo il diritto.
Come cittadino della Repubblica italiana non posso tacere di fronte a una farsa nazionale.
Questa Repubblica, che per sua costituzione è vincolata ai principi della rappresentanza degli elettori e dei valori italiani, non può essere rappresentata in alcun modo, giusto o onesto, dai parlamentari che intraprendono azioni per impedire le elezioni politiche con lo scopo preciso di evitare la propria perdita alle urne!
Ma al di là di questo fatto storico lampante, l’agenda di questo nuovo governo non ha interesse ad aiutare la promozione del bene comune del popolo italiano. È sostenuto da un marxista argentino che ha l’abitudine raccapricciante di raccogliere pervertiti sessuali intorno se stesso. È stato sponsorizzato da un uomo in Francia che ha sposato il suo insegnante di scuola e da una donna in Germania, con una gioventù marxista, che pensa che distruggere la cultura nazionale tedesca sia la cosa migliore che si possa lasciare come eredità alla propria nazione. — Su questa onda di disonestà, Nancy Pelosi e una delegazione del suo partito dagli Stati Uniti hanno ispirato la strategia politica per rovesciare l’ex governo, mentre Donald Trump, contrariamente a tutte le sue dichiarazioni di sostegno a Matteo Salvini, ha annuito alla cosa fatta!
Ora abbiamo un governo con un primo ministro che non è mai stato eletto dal popolo italiano. Un ministro per le famiglie dello stesso partito il cui sindaco nel Nord Italia ha promosso la presa forzata di bambini dai loro genitori e l’uso dell’elettrocuzione per far sì che andasse avanti. E tanti altri incapaci dittatori.
Abbiamo un governo che pensa che l’unico bene per l’Italia sia la distruzione della nazione: l’importazione di popoli che non hanno abilità o talenti per lavorare in Italia, di culture e di religiosità che sono nemici dei valori italiani; la promozione delle perversioni sessuali e la persecuzione delle istituzioni naturali e divine della famiglia; il doppio parla senza fine di un nuovo umanesimo, che allo stesso tempo parli di abbassare e aumentare le tasse, e la generale baldoria che si riscontra tra i marxisti quando rovesciano qualsiasi nazione: i sogni di come derubare l’uomo comune per arricchirsi.
Né posso omettere di sottolineare che questo è un governo, non di nuove promesse, ma di vecchie bugie. — Il marxista ci predica da più di un secolo che solo loro possono realizzare veri progressi, che solo loro difendono i veri diritti dei popoli. Ma il progresso che cercano è il ritorno del neandertaliano alla sua caverna: cioè di una società senza alcuna umanità e solo gli avanzi della bestialità. — Chi con un cervello pensa davvero che il progresso economico o morale si ottenga dando potere ad un partito che pensa di discendere dagli scimpanzé ?!
No, non posso tacere! — E sarebbe ingiusto lasciare fuori che il più grande male che sostiene questo governo è l’incapacità mentale ecclesiastica di leggere il testo latino del Canone 332 §2: un impegno che chiunque con uno studio di due anni sulla lingua latina potrebbe capire se voleva. — Perché chiaramente quando si rinuncia ministerio non si rinuncia muneri in un modo che rite manifestatur.
Caro Signore Gesù Cristo, salva l’Italia dalla follia! Alza il tuo popolo in rivoluzione contro questo Teatro di ipocrisia e bugie! Salva il Suo vero e unico Vicario sulla terra, Papa Benedetto XVI!
The International Association « Veri Catholici » has published this open Letter to the Cardinals, on their twitter feed at @VeriCatholici. I post it here (in its unrolled format) for the sake of those who do not have a Twitter Account.
Here beings the Introduction, with the first paragraph of the Letter subordinated to it:
The rest of the text of the open Letter continues here:
“It’s also evident that canon 124.1 and canon 188 require that the proper object of canon 332.2 be posited, namely the renunciation of the munus, otherwise, in virtue of canon 188, the substantial error of doing otherwise invalidate the act ipso iure!
“Now if a pope should act in violation of Canon 332.2, since in doing so he would injure the rights of the whole Church to know who is and who is not the true Pope, he would have to apply canon 38 derogating from the discrepancy. But Benedict did not do anything of the kind!
“Therefore, he is still the pope, and canon 359 invalidated the Conclave of 2013. Also, on this account, all the Cardinals and Bishops ARE WRONG to reason from their presumption that Francis is the pope toward any conclusion. As he never was. He is an antipope, a usurper.
“Nor can one argue that the Pope, being above canon law, is above Canon 332.2, because that canon enshrines merely the principles of the Natural Law, which are superior to the Pope and from which he CANNOT dispense!
“One aspect of which is the semiotic law, whereby the being of a thing cannot in a forensic act be rite manifestatur by a term which signifies an accident of it.
“Take this example. A pope has the habit of calling the burden of his work, Bananas. And one day while shaving says, I am renouncing Bananas. Can the Cardinals lawfully proceed to elect another, if the Pope says nothing more? No, because Bananas is not a due term for a legal act.
“Even if he said, I am renouncing bananas, during a solemn Consistory of the Cardinals, they could not proceed to elect another. Not even if he commanded them or allowed them explicitly to do so, because until he says I renounce the Papacy, Christ does not remove the office!
“These Cardinals also need to recognize that the criteria employed to determine validity in contractual law is not the same in beneficiary law. For in contractual law, as is used in Annulments evidence regards whether there was a right intention, this is principal.
“But in beneficiary law, which regards bequests, the intention has no force, what matters is only the verbal signification of the act of bequest. Renunciations fall under beneficiary law, not contractual law. This is the fundamental legal error of the Cardinals and bishops.
“For just as it is impossible for anyone to be the Pope unless he succeeds to the Chair of Peter, the office, so it is impossible for anyone to renounce the Papal Office unless in a forensic act there is an explicit renunciation of that office.
“The case is analogous to property law, wherein no one is the rightful owner of the same single property, until the one who holds the property rights renounces them in a legal act. Renouncing only the usufruct (ministerium) does not grant the title to the successor in law.
Christ gave everything for our salvation: thus, we only exist as Christians if we live to serve Him.
Contrary to the common misconception, the works of mercy are not a decoration on the Christian life, they should be the very foundation of it. For this reason all of us should be doing a lot more than just our daily duties according to our state. We should be doing something more and this something should be aiding the poor and needy.
Most of you who read this blog know little or nothing about what I do off the blog. I want to tell you so that you might have the merit in joining in a very needed work.
Insignia of the Ordo Militaris Catholicus
As you may know, the persecution of Christians is not something of ages past, but is an on going tragedy of our present age, and something of which is rarely spoken of as much as it deserves. Since 2000 A. D., more than 1 Million Christians have been put to death in hatred of the Faith. A large portion of these are Catholics in the Mid East, Africa and Asia.
Following an inspiration which I received while praying in the Church of Saint Francis of Assisi, in Bagnoregio, Italy, more than 3 years ago, I have worked to encourage Catholics to rally to the defense of persecuted Catholics, especially priests.
With those who opened their hearts to these appeals, we founded the Ordo Militaris Catholicus: an international Association which aims to revive and re-practice the charity of Catholics of old who sacrificed everything to come to the help of persecuted Catholics.
Much of our work is helping persecuted Clergy and Catholic refugees. In fact, all our humanitarian support goes to or through the hands of Catholic Clergy. We help them whether they are persecuted by Muslims or Modernists. Alas, there are even priests who are being excommunicated merely for preaching the Faith which was always preached or for defending the canonical prerogatives of Pope Benedict XVI against the absurd claims of the Lavender Mafia (a.k.a. Team Bergoglio).
Some of our projects have been sending food and housing assistance to the Catholics of Mosul and Lebanon. Helping a Catholic school for the poor in India; a Catholic parish in Hawaii which was ransacked. Placing ads in Newspapers to propagate news of Pope John Paul II’s vision of the Islamic Invasion of Europe, nearly 30 years ago, in which he called on the whole Church to oppose it.
As a Franciscan Brother I work without salary and have nothing monetarily to give the poor whom I come to know of, having given all my possessions and inheritance to the poor when I became a friar.
But what I do have is the good will of the thousands of readers of this Blog, From Rome, and so I ask EACH OF YOU, to consider making a pledge in the Ordo Militaris Catholicus, through their website’s Donate Page. Everything raised by the Ordo Militaris Catholics goes to humanitarian efforts. We have no paid employees, only free volunteers.
The Order gets no support from any other organization. We depend on the Catholics who still have the Faith. Please help this Most Worthy Cause.
I will summarize in this article the suppositions and analysis which the volunteers and members of Veri Catholici have worked out in recent days about what really went on in the Vatican in 2012 — 2013. I will do so in a Timeline, which makes understanding what was going on easier. This will be a recitation of facts, with an interpretation which explains them all elegantly.
2012
In March 2012 Pope Benedict XVI established a Commission of Cardinals to investigate leaks of reserved and confidential documents on television, in newspapers, and in other communications media (in what is known as the Vatileaks scandal). It first met on Tuesday, 24 April 2012. Cardinal Herranz served as the Chair, and was accompanied by Cardinals Jozef Tomko and Salvatore De Giorgi. (Wikipedia: Vatican Leaks Scandal)
Fall
Someone leaks the results of the Vatican Commission on Gays in the Vatican to Team Bergoglio, which in response begins feverish activity at Rome (Documented by Dr. Sire in the Book, The Dictator Pope). This activity aims for the forced abdication of Benedict.
Early November: The Coup d’etat is hatched. Team Bergoglio demands the resignation of Pope Benedict to prevent the revelations of the Dossier to be presented by Vatican Commission on Gays in the Vatican. The contents of the dossier will implicate all the key members of Team Bergoglio and thus all force and expediency must be employed to stop its publication.
The conspiracy includes not only Team Bergoglio, but all named in the Dossier, the names of whom are given to Team Bergoglio by someone working in the Commission.
The terms of the Coup d’etat are as follows:
Pope Benedict will resign
Pope Benedict will not publish the contents of the Dossier
Pope Benedict will continuously testify that he resigned willingly
If Pope Benedict refuses, Team Bergoglio threatens the Pope with assassination, citing the published testimony of an Italian Journalist on Feb. 11, 2012 saying that the assassination will be within 1 year. The date Feb 11, 2013 is chosen for the resignation to signal to the Lavender Mafia round the world, that the abdication has been forced precisely to defend their evil institution.
Pope Benedict, taking counsel from no one, because he trusted no one, decides to go along but to leave tell tale signs for the Catholic world, so that any intelligent observer will discern what is going on. He extracts the condition of the promotion of his personal secretary to the position of the Pontifical Household, believing this will keep him safe and to signify that after his resignation, He is still the only one true Pope.
Nov. 23: James Michael CardinalHarvey, who had been the Prefect of the Papal Household under Benedict is named Cardinal Priest of Saint Paul outside the Walls, in an apparent reward for his role in allowing Benedict to be betrayed in the Vatican Leaks scandal and to make way for Ganswein.
Dec. 7: Father Georg Gänswein, the private secretary of Pope Benedict from the time he was a Cardinal, is named Prefect of the Papal Household.
December 17: The Pope received a report on “Vatican lobbies” prepared by Cardinals Julián Herranz, Salvatore De Giorgi, a former archbishop of Palermo, and Jozef Tomko. The same day, the Pope decided to resign. (Wikipedia: Vatican Leaks). This decision is forced and is Benedict’s sign to Team Bergoglio that he has accepted the terms given in the Coup d’etat.
2013
January 6: The Feast of the Epiphany. Father Gänswein is ordained Archbishop of Urbs Salvia. He becomes the only holder of the office of Prefect of the Papal Household to ever enjoy the dignity of an Archbishop. Another Papal sign that the renunciation would be invalid and that Benedict would retain the true dignity of Pope. The choice of the titular see, Urbs Salvia, which was a center of the Imperial Cult of Augustus, Pontifex Maximus, is another sign to the Catholic world that Benedict’s resignation would be invalid, as the Prefect will care for the Pontifex Maximus. (That Bergoglio does not have an officer of the Papal Household caring for him is another sign he is not pope.)
Feb. 11, 2013: Pope Benedict XVI, his capacity as Bishop of Rome and Successor of Saint Peter renounces “the ministry which he received at the hands of the Cardinals” and calls for a Conclave to elect a new Supreme Pontiff. The alternate use of titles Successor of Saint Peter for himself and Supreme Pontiff for the one who would follow him is another sign to the Catholic world of the coup d’etat and forced resignation. But in his act of resignation, in resigning the ministerium not the munus he makes his resignation canonically invalid and sends a BIG CANONICAL MESSAGE to the Church warning them of what is going on (cf. Canon 332 §2). He also includes several errors in Latin in the text as written and as spoken to show that he is being coerced and has not acted freely.
Upon Benedict’s finishing the reading of Non Solum Propter, Cardinal Sodano, a chief conspirator in the Coup d’etat stands up and shouts out: This takes us as a surprise, like a bolt of lightning from heaven. He then orders all in the Vatican to say nothing about what the Act of Pope Benedict means, because he notices that the renunciation is of ministerium, not munus, as agreed. Not wanting to show that he is a member of the coup, he refrains from saying Benedict resigns. He orders Father Lombardi to speak with Journalists and find one who thinks it means he abdicated. Having found Giovanna Chirri, Lombardi gives her the go-ahead to spread the fake news, and after the journalists of the world (prepared by Team Bergoglio) make it a fact, the Vatican Press Office confirms the fake news in the afternoon. — This is the Marxist tactic of using hearsay to repress truth. This hearsay is now the unquestionable dogma of the Lavender Mafia world wide. The sign that priests, bishops and cardinals, as well as laymen, will not question it is a tangible proof of their adhesion to the coup d’etat or beguilement by it.
Feb. 28: Pope Benedict, alarmed that no one has understood the signs he has given, gives his final address spelling out explicitly that he has resigned the active ministry, not the munus, in a last desperate attempt to stop the forced resignation. The lack of response from any Cardinals leads Benedict to believe that he has no friends among them and that they too are part of the Lavender Mafia. He flys to Castle Gandolfo where he hopes to be rescued by Catholic Forces who recognize his resignation is invalid.
Feast of Saint Joseph, Protector of the Church: March 19: At the papal inauguration of Pope Francis, Cardinal Tomko, a member of the Commission on Gay activity in the Vatican, was one of the six cardinals who made the public act of obedience on behalf of the College of Cardinals to the new pope at his papal inauguration. (Wikipedia: Cardinal Tomko) — In an act of obvious agreement to the coup d’etat. A sign, perhaps, that he was the one who leaked information of the investigation to Team Bergoglio in the late summer of 2012. — The date of March 19 was chosen to indicate to the Lavender Mafia that the coup had protected their evil institution.
March 23: Bergoglio, warned that Benedict’s residence at Castel Gandolfo may be to escape the terms of the Coup d’etat, meets with him there and orders his return to the Vatican as a prisoner.
2014
June 12 : Bergoglio awards Cardinal Herranz for his silence by raising him from the dignity of a Cardinal Deacon to that of a Cardinal Priest. (Wikipedia: Cardinal Heranz).
2016
April: Pope Benedict approves the up and coming talk by Archbishop Gänswein at the Pontifical University of St Gregory the Great, in which the Archbishop affirms that Benedict retains the petrine munus and ministry, as another desperate attempt to get Catholics to study the timeline of events. Bergoglio responds with force and orders them both to silence on these matters.
2019
February to May: Benedict having received a canonical brief demonstrating his renunciation was invalid as regards the petrine munus, tacitly accepts it to indicate canonically that he knows he is still the Pope, and politically, that he is under duress not to speak.
+ + +
In fine: His Holiness Pope Benedict, XVI remains a prisoner in the Vatican waiting patiently that someone in the Catholic world will read this timeline and realize what it means.
Hence, Benedict’s tacit consent remains standing. He is has refused to admit that his resignation was valid. I say, “refused”, because the object of the interview was to make him say that, but there is no quote to that effect, other than in the Vatican News Article yesterday about the interview. Therefore, one can reasonably conclude that Benedict refused to make such a reply and what reply he did make they refused to publish.
When we think or talk about the Papacy, as Catholics, we often use several words interchangeably: the Pope, the Papacy, the Bishop of Rome, the Roman Pontiff and the Successor of Saint Peter.
And in the controversies over Pope Benedict XVI’s renunciation, we see all these terms used. For example, in the Act of Renunciation, Benedict signs the document, Pope Benedict. He says, therein (according to my English translation of the Latin original) that:
I declare in full liberty, that I renounce the ministry [ministerio] of the Bishop of Rome, Successor of Saint Peter, committed to me …
In the Catholic Church, these terms have a specific meaning:
The Bishop of Rome: The one who holds jurisdiction as Bishop over the Diocese of Rome.
Successor of Saint Peter: The one who succeeds to the Primacy of Saint Peter.
The Roman Pontiff: The Bishop of Rome.
The Pope: All of the above, in one sense or another, generally, but more correctly formally in regard to the Successor of Saint Peter.
Because, theoretically, the Pope could establish his primatial see in another place and assign someone to rule the Diocese of Rome with proper not delegated authority. — Indeed, the Cardinal Vicar of Rome already has this authority in the Italian Territory of the Diocese, that is, a delegated authority to act as the Bishop, though some voices at Rome insist that its a proper not a delegated authority, inasmuch as it does not require recourse to the Roman Pontiff for normal affairs.
+ + +
The reason why I write, however, is more pointed than discussing these terms for the Pope. While I have proven that Pope Benedict did not renounce the petrine munus — and while His Holiness has not chosen to contest the 39 arguments I marshaled to prove that — there are still some who think, that since the Pope is Christ’s Vicar, he has the authority to renounce the Papal Office in the Ministry and thus that Bergoglio is truly the Pope, Roman Pontiff, the Successor of Saint Peter, not just a Bishop of Rome.
This, however, is not just canonically impossible, it’s dogmatically impossible, since it violates the very Will of Christ, as the Church defines that Will to regard the Papal office. And here is the proof:
There is more to the Papal Office than a Ministry!
Pope Benedict XVI still lives and when he did renounce on Feb. 11, 2013, he renounced only the “ministry which I received from the hands of the Cardinals.”
Therefore, since the office of the Papacy includes the grace not to fail in the Faith and the vocation to love and follow Christ, and the duty or charge from Christ to Saint Peter confirm his brethren and feed His sheep, there is a lot more to the Papal Office than merely the ministry which the pope elect receives from the hands of the Cardinals.
The problem is that the Pope does not receive His office from the Cardinals! — Yes, canonically, they have the authority to elect him, inasmuch as they are the chief clergy of the Church of Rome, but they do not confer that office upon him. For as Vatican I infallible teaches:
Docemus itaque et declaramus, iuxta Evangelii testimonia primatum iurisdictionis in universam Dei Ecclesiam immediate ct directe beato Petro Apostolo promissum atque collatum a Christo Domino fuisse. (Vatican I, Pastor Aeternus, c. 1, 1)
Which in English is:
And thus We teach and We do declare, in accord with the testimonies of the Gospel, that a primacy of jurisdiction over all the Church of God was immediately and directly promised and conferred by Christ, the Lord, upon Blessed Peter, the Apostle. (my translation)
And further on, in Chapter II, the same Vatican I teaches:
Unde quicumque in hac Cathedra Petro succedit, is secundum Christi ipsius institutionem primatum Petri in universam Ecclesiam obtinet. (Vatican I, Pastor Aeternus, ch. 2, 3)
Which in English is
Wherefore, whosoever succeeds Peter in this Cathedra, he obtains according to the institution of Christ Himself the primacy of Peter over all the Church.
The import of these 2 infallible teachings of Vatican I, is that the man who is elected as the Pope, receives his office immediately and directly from Christ inasmuch as he succeeds to the Cathedra, or Teaching Office, of Saint Peter.
Succession in the Cathedra vs. Delegation of Office
Herein is the problem with Bergoglio’s claim to power and authority. Yes, he was elected by the Cardinals, but no, Benedict had not yet renounced the Petrine Munus, at the time of his election.
Now according to canon 145 §1, the munus is the ecclesiastical office:
Can. 145 — § 1. Officium ecclesiasticum est quodlibet munus ordinatione sive divina sive ecclesiastica stabiliter constitutum in finem spiritualem exercendum.
Which in English, is:
Canon 145 — §1. An ecclesiastical office is any munus constituted stably either by divine or ecclesiastical ordinance, to be exercised for a spiritual end.
And according to the Code of Canon Law of Pope John Paul II, which we have quoted, the Papal Office is likewise a munus; this is established in law by Three canons:
Canon 331 Ecclesiae Romanae Episcopus, in quo permanet munus a Domino singulariter Petro, primo Apostolorum, concessum et successoribus eius transmittendum, Collegii Episcoporum est caput, Vicarius Christi atque universae Ecclesiae his in terris Pastor; qui ideo vi muneris sui suprema, plena, immediata et universali in Ecclesia gaudet ordinaria potestate, quam semper libere exercere valet.
Canon 332 —§ 2. Si contingat ut Romanus Pontifex muneri suo renuntiet, ad validitatem requiritur ut renuntiatio libere fiat et rite manifestetur, non vero ut a quopiam acceptetur.
Can. 749 — § 1. Infallibiitate in magisterio, vi muneris sui gaudet Summus Pontifex quando ut supremus omnium christifidelium Pastor et Doctor, cuius est fratres suos in fide confirmare, doctrinam de fide vel de moribus tenendam definitivo actus proclamat.
Hence it is, that if a Pope does NOT renounce his munus, he retains it. And if he retains it, anyone who follows him as “pope” or “Bishop of Rome” while he still lives, cannot succeed to the Petrine Munus, the Papal Office, and hence only has a delegated authority.
It is delegated, because it is NOT received directly and immediately from Christ, but rather indirectly and through the intermediary of the Pope, who has not resigned his Petrine Munus.
Therefore, since as Vatican I teaches, the Roman Pontiff or Pope receives his office immediately and directly in Peter, inasmuch as he is the successor of Saint Peter’s Cathedra, or teaching office, Bergoglio cannot be the successor of Saint Peter, since someone else — namely Benedict — not only still occupies the Chair but stands in authority between Christ and Bergoglio as the grantor of his office, whatever it be.
Pope Benedict further indicates this by calling the one to be elected by the Conclave to be convened the new Supreme Pontiff, and not the Bishop of Rome, the Pope, or the Successor of Saint Peter! — Note the precision of terminology! (For the complete text of the Renunciation see here.)
Hence, it’s now clear, that not only did Pope Benedict not resign the Papal Office and the Petrine Munus,but that it is dogmatically impossible that Bergoglio
succeeded to the Office of Saint Peter’s Cathedra,
became by his election the Successor to Saint Peter,
is the Supreme Pontiff in the Catholic and traditional sense of that term, because Benedict remains such;
enjoys the grace of infallibility and the vocation to follow and love the Lord,which are attached to the Office of St. Peter;
exercises a proper office — not one at the good pleasure of Benedict — which is a charge or duty to feed Christ’s sheep and confirm his brethren — in a conceded Petrine Ministry, which he cannot possibly execute or fulfill without the other aspects of the Papal Office which Benedict by his faulty act and intention never relinquished.
These conclusions are confirmed by the teaching of Timothy Zaplena, De Ecclesia Christi, 1: Pars Apologetica, Gregorian University, 4th ed., p. 256, where he writes, commenting on the teaching of Vatican I on the Papal Primacy:
Ut vero aliquis sit successor Petri in primatu, non requiritur ut hic potestatem iurisdictionis accipiat ab ipso Petro, sed sufficit ut eidem succedat ex voluntate Christi in omnia iura primatialia.
Which in English is:
However, that any man be the successor of Saint Peter in the primacy, there is not required that he accept this power from Peter himself, but it suffices that he succeed the same (Peter) out of the Will of Christ in all primatial rights.
Hence, since Pope Benedict did not renounce all the primatial rights (i.e. the munus, the dignitas, the onus, the papacy, the grace and the vocation etc.), it follows that it is impossible dogmatically that Bergoglio be the Successor to Saint Peter, in the way Christ willed that succession to take place!
As an addendum, since the Pope is named in the Canon of the Mass because he is the Successor of Saint Peter, not because he exercises the Petrine Ministry or is the Bishop Rome — because the Office of Peter is the touchstone of unity and orthodoxy in the Church — it follows that it is not only canonically but dogmatically illicit to name Pope Francis in the Canon of the Mass, where the name of the pope is customarily enunciated.
Yesterday, Ann Barhnhardt posted her second Magisterial Study of Pope Benedict’s Invalid Resignation and the theological currents behind it. See here. You have to listen to this entire video to understand anything about what is going on in the Vatican today.*
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*There is only one small factual error in what Mrs. Barnhardt says in this video, namely, when she says that all the vernacular translations of Benedict’s Act of Renunciation were made from the Italian translation, that is not true, the German is unique, as I have shown previously.
Considerations
It’s rationally impossible to exclude, after Barnhardt’s marshalling of evidence, that Pope Benedict did not have a vicious and malign intention in renouncing only the Petrine Ministry, and not simply a substantial error of saying ministerium instead of munus.
This being the case, I can now offer a reasonable explanation of Why the Pope did NOT contest ANY of the 39 arguments I sent him?, which argue his resignation of ministerium did not effect a resignation of munus: The surprising answer is that Benedict acknowledges that it was NEVER his intention to resign the petrine munus, and was in fact his intention to resign only the petrine ministerium. — If you recall, in my Scholastic Question, which I sent him, I openly stated that I did not dispute the act effected a renunciation of ministerium.
There are 2 conclusions from this inference, which I say has sound probability on the basis of the 55 year history of Joseph Ratzinger in the speculations regarding transforming the papacy.
The first is that, if asked, Pope Benedict will admit openly and candidly before witnesses that he retains the Petrine Munus. He will however, on account of his error, say he does not hold the Petrine Office or the Papacy. This will seem to be an illogical self-contradiction, since it does not accord with the Latin text of Canon 145 §1: but in the Germanic School of theology to which Ratzinger belongs, the office of the Papacy is conceived as pertaining to the Petrine Ministry, that is, the active exercise of grace and vocation.
The second conclusion is, that every Catholic who accepts the teaching of Vatican I, will see that there are now 2 reasons for the renunciation of Benedict being null and void:* namely, not only substantial error, but malign intention. The malign intention (dolus) being to split the Papal Office. Both causes are causes of the act being null and void in canon 188.*
If these 2 considerations are true, then it will be difficult to understand from speaking with Benedict at any time, for a direct answer which indicates the renunciation was invalid to effect his no longer being the Pope.
The solution of the problem, therefore, must come solely from a canonical analysis, because neither as a private theologian, Joseph Ratzinger, nor as the Pope, does he have any authority to split the Papal Office from the Papal Ministry, nor to ascribe the office of the Papacy to the one who has the Papal Ministry, but not the Papal Munus.
Finally, I wish to praise Mrs. Barnhardt for her correct theological and moral characterization of those who have contested that the renunciation was invalid, arguing instead with a faulty notion of “universal acceptance”, as “demonic”, “satanic” and “free-masonic”.
For the Good of the Church, I will close by calling on all the Cardinals, Bishops, Clergy, Religious and Laity, especially of the Roman Church, to return to the norm of Canon 332 §2 and recognize that
Pope Benedict is still the Pope, Bergoglio was never the Pope.
His renunciation of ministry effects nothing in Canon Law.
He is theologically confused as regards holding that the Papal Office is constituted by the one who exercises the Petrine Ministry, not the One who holds the Petrine Munus.
His deliberate intention to renounce only the Petrine Ministry was morally reprehensible and should be reprehended.
Anyone who speaks with Pope Benedict must resort to correcting him, because he not only committed a juridical error, but also a moral error, in renouncing only the Petrine Ministry.
_____________________________
* Barnhardt and myself, as well as nearly all the other commentators on this controversy, have been saying that Benedict’s resignation was invalid. The correct Canonical phrase, however, is that Benedict never renounced the Papal Office. Because, Benedict resigned nothing, in that he never used the verb resign. (The English translation of Canon 332 §2 has “resign” in the place of the Latin “renounce”.) Also, Canon 188 does not declare acts of renunciation invalid, it declares them “irrita“, that is, not properly done, or in other words, never done at all.
Can. 188 — Renuntiatio ex metu gravi, iniuste incusso, dolo vel errore substantiali aut simoniace facta, ipso iure irrita est.
The importance of the distinction in Canon Law regarding juridical acts which are invalid and juridical acts which are irrita is that, if a juridical act of the pope be in question, since one cannot dispute the legitimacy of papal acts, you cannot judge them valid or invalid. But if they were never done, never existed, that is, if they were irriti, then they never happened. And it’s no sin or crime, but true justice to say that they are such.
On January 30, 2019, Pope Benedict received at the Vatican, through the hands of Archbishop Georg Gänswein, the canonical brief I sent him demonstrating conclusively that the act contained in the declaration, Non Solum Propter, of Feb. 11, 2013 was not in conformity with the term of Canon 332 §2, which requires the renunciation of munus for a valid Papal resignation, and that therefore he remains the sole valid Roman Pontiff.
In my letter to the Archbishop, I indicated how the Holy Father could contact me in response to the brief. One Hundred and Sixty Days have passed without any objection to the arguments presented.
According to the norms of the Vatican itself, if no objection is made to a canonical assertion after 90 days, tacit consent is indicated.
Here is the proof of delivery, via FedEx: Shipping Slip
* The PDF contains the same canonical arguments, only slight differences in its introduction. Also, in April of this year, I sent to the Holy Father, by regular mail, the same brief, but containing the Ad Obj. 16-19, which I added after January of 2019.
As is now notorious, Pope Benedict’s act of resignation of February 11, 2013 was invalid on account of not being in conformity with Canon 332 §2. Here at, the From Rome Blog, I have written about this extensively and subjected the text to a Scholastic analysis, demonstrating, I believe, conclusively, that the signification of the text can not be rationally said to conform to the norm of the law.
As a Latin translator of Ecclesiastical texts, I have wondered daily for six months how a mind such as that of our Holy Father, Pope Benedict, could fall into such a grievous substantial error of mistaking the very object (cf. 126) of the act of a papal resignation, which is a renunciation of the Petrine Munus, to be rather a renunciation of the Petrine Ministry.
Ann Barnhardt sees malice in this, in an attempt to bifurcate the papacy. Her collaborators in Germany have found much evidence to this effect. But as a Franciscan, who is obligated by the Rule of Saint Francis to recognize the canonically elected popes and show them respect, I consider it my duty to investigate other causes which involve less or no culpability. I take the position of the international Association, Veri Catholici, that we need not presume malice, ignorance suffices, if ignorance can be demonstrated.
In that study, however, it was evident that the German translation was anomalous, that is, that it had entirely different errors than the other translations. These anomalies led me to today’s investigation.
Archbishop Gänswein and the German Translation of the Code of Canon Law
In the German translation of the Act of Renunciation, the anomalies are as follows:
The Latin word, munus, is translated as Dienst.
The Latin word, ministerium, is translated sometimes as Amt, sometimes as Dienst.
The syntactical association of the act of renunciation is followed by the correct translation of ita ut.
Following the forensic principle of Aristotle, that where there are 2 differing consequences there are 2 different causes, but when there is the same consequence, there is a unity among causes, I am led by comparison to conjecture why this may be the case.
Recall, if you may, the speech given by Archbishop Georg Ganswein at the Pontifical University of St Gregory the Great, in 2016, which sparked so much amazement, because in it, he said that Pope Benedict still shared in the Petrine Ministry and held the Papal Office.
Recently, however, Archbishop Gänswein, to both a German journalist and a journalist working for Life Site News, withdrew his assertions, claiming that he had misused the words for office and munus, in his German text.
Now, supposing that the Act of Renunciation, in the German translation, was overseen by Archbishop Gänswein, we might conclude that he has something to do with the anomalies it contains
This consideration alone, however, did not satisfy me, so I examined the causes for the Archbishop’s errors in German. Naturally, therefore, I went back to the Code of Canon Law in the Latin (the official text) and to the Vatican’s German translation (unofficial, but in practice used by German Speakers).
At the Vatican Website, you notice immediately that the German translation of Pope John Paul II’s Code of Canon Law is better linked than the English. In the German, the index contains links from each line of text, but in the English, the index contains links only in the titles to the books. This gives one to think that some German speaker was using the German translation of the Code quite frequently and has the authority to get the Vatican webmaster to add all the referential URLs, to make that edition more facile in its use.
This argues that Archbishop Gänswein, if not Benedict himself, frequently used the German translation.
O.K., that appears to be an obvious assumption, but there is a problem. THE GERMAN TEXT IS ERRONEOUS. And not in a small way! In a very crucial manner: it gets the translation of Munus WRONG! And that in a way that anyone using it, as a guide on how to Renounce the Papal Office, would write an invalid formula of resignation!
Let me explain, therefore, Why and How, Perhaps, Pope Benedict got his Act of Renunciation wrong in the Latin, and thus never in fact or before God resigned.
The key Canons which one must consult regarding how to write a valid act of renunciation of the papal office are canon 332 §2 and canon 145 §1. This is because in the former, the conditions for a valid resignation are stated, and in the latter, the nature of every ecclesiastical office are defined.
Let’s look at each in the German:
Can. 332 — 2. Falls der Papst auf sein Amt verzichten sollte, ist zur Gültigkeit verlangt, daß der Verzicht frei geschieht und hinreichend kundgemacht, nicht jedoch, daß er von irgendwem angenommen wird.
The error in this German translation is minor: it renders the Latin, Pontifex Romanus (Roman Pontiff) with the German, Papst, (Pope). However, it correctly translates the sense of the Latin, munus, as Amt. Because, in this canon, the Latin, Munus, has the sense of office, which is what the German, Amt, means.
It must be noted, here, that in the German translation of the Act of Renunciation, the author of that text in the crucial act of renunciation uses the correct German word for a VALID renunciation, Amt! — The only problem is, Pope Benedict XVI did NOT resign in German, he resigned in Latin!
But this anomaly of the German translation of the Act of renunciation does reveal, that at least ONE German speaker, the author of the translation, THOUGHT the act was a renunciation of the Papal MUNUS.
Now, let’s look at the other canon:
Can. 145 — § 1. Kirchenamt ist jedweder Dienst, der durch göttliche oder kirchliche Anordnung auf Dauer eingerichtet ist und der Wahrnehmung eines geistlichen Zweckes dient.
The importance of canon 145 §1 in the Code of Canon Law is this, that it DEFINES the nature of an ecclesiastical office (officium) as a munus. As I have discussed in my commentary on Boniface VIII’s Quoniam, the Latin word, munus, is the perfect word for an ecclesiastical office, since it signifies both that the office is a dignity, a charge or burden, and a gift, which upbuilds the one who receives it with grace. There is no 1 word in any modern language, to my knowledge, which has all the senses of the Latin word, munus.
For this reason, its difficult to translate munus properly, which is why I use the Latin word even in English prose. (The German Translation of the Code, which appears on the Vatican Website, seems to be that by Father Winfried Aymans, JCD, an eminent doctor of Canon Law from the Diocese of Bonn, Germany. Who however, does not seem to be a Latinist per se, though, to his merit, he be a signer of the Correctio Filialis)
So in this German translation, we see the TERRIBLE error: Every ecclesiastical office (Kirchenamt) is defined as a Dienst! But Dienst as every German speaker knows, means what we in English mean by service, and what every Latin speaker means by ministerium. So the German translation of canon 145 says: Every ecclesiastical office is a ministry! When the Code of Canon Law in Latin actually says: Every ecclesiastical office is a munus!
In fact, in the code of Canon Law, in the Latin, Pope John Paul II never speaks of any ecclesiastical office as a ministry (ministerium), but always as an office (officium) or munus.
This means, that if any German speaker read canon 145 §1 in the German, as found on the Vatican Website, and probably in most German translations of the Code of Canon Law, he would be mislead into thinking that to resign an ecclesiastical office its sufficient to renounce the ministry of that office! — But this is precisely the error in the Papal Resignation!
If we go back to the other vernacular translations of the Act of Renunciation, which I analyzed in my previous post, we see that all of them follow the erroneous German translation of munus in the German Translation of the Code of Canon Law! But, illogically and inconsistently, also follow the erroneous Latin text of Pope Benedict when he says ministerium in the Act of resignation. Thus the vernacular translations (excepting the German) are reading in some places the Latin original of the renunciation, in other places, the German translation of the Code and Act of resignation! This is the scientific reason why the vernacular translations are worthless if not maliciously contrived.
The error in canon 145 §1 might also explain why Pope Benedict thought that in writing ministerio in the Latin text of his renunciation, he thought he was writing munus, because the erroneous translation makes it appear that the German for munus is the same as the Latin, ministerium. For the German of Canon 145 §1 says that every Amt is a Dienst (which in Latin is a ministerium, but in canon 145 §1 is the German translation for munus), and the German of Canon 332 §2, says a Pope resigns when he renounces his Amt. So it appears that Benedict was mislead into thinking that in Latin, if he renounced his Amt, he could sufficient signify that by renouncing his ministerium!
I pray to God, therefore, that SOMEONE in the Church, who can speak with Pope Benedict XVI in person, makes this known to him!
The Falsified Letter of Pope Benedict was not a novelty, the Vatican had already falsified all the translations of Benedict’s Act of Renunciation.
By Br. Alexis Bugnolo
April 8, 2019 A.D. — The Vatican has known all along that Pope Benedict’s Act of Renunciation was not in conformity with the requirements of Pope John Paul II’s Code of Canon Law, and the documentary evidence to prove it has been published by the Vatican for 6 years.
The Code of Canon Law requires that the man who is Pope resign in a specific manner, in in the Canon 332 §2:
§ 2. Si contingat ut Romanus Pontifex muneri suo renuntiet, ad validitatem requiritur ut renuntiatio libere fiat et rite manifestetur, non vero ut a quopiam acceptetur.
The literal English translation of this Canon reads:
§2. If it happen that the Roman Pontiff renounce his MUNUS, there is required for validity that the renunciation be made freely and manifested duly, but nto that it be accepted by anyone whomsoever.
Quapropter bene conscius ponderis huius actus plena libertate declaro me ministerio Episcopi Romae, Successoris Sancti Petri, mihi per manus Cardinalium die 19 aprilis MMV commisso renuntiare…
The correct translation of this key text is:
On which account, well aware of the weight of this act, I declare with full liberty, that I renounce the Ministry of the Bishop of Rome, the Successor of Saint Peter, committed to me through the hands of the Cardinals on the 19th of April 2005, …
This glaring ERROR of mistaking the ESSENTIAL object of a papal renunciation as regarding the Petrine Ministry instead of the Petrine Munus (office) made the act have no legal effect (cf. canon 126 and 188).
BUT TO HIDE THIS INVALIDITY, the Vatican HAS PUBLISHED FALSIFIED translations into the vernacular of the act, which specifically ALTER the nature of the act and conceal that invalidity. This was one of the key and necessary acts of the Coup d’etat, of February 2013, of which I wrote previously.
The FALSIFICATIONS are these:
In all the translations, the double occurrence of the word MUNUS, in the Latin original is CONCEALED by translating it with the same word used to translate the Latin MINISTERIUM, which occurs thrice in the text.
The syntax of the clause of effect which follows the verb RENUNIET in the Latin, has been altered to make it appear to allow a metanymic manner of signification, when in the Latin it permits NO SUCH reading.
The syntax of the second independent clause following the DECLARO has been altered to make it appear as definitive command to convene a Conclave.
These 2 errors make it appear that in the mind of Pope Benedict there is NO distinction between the Petrine Office (which must be resigned) and the Petrine Ministry (which you can resign without resigning the office).* It also makes it appear that his act of resignation of the ministry effects the loss of office.
Now since ALL the vernacular translations have this error, its clear that the Vatican has DELIBERATELY AND WITH AFORETHOUGHT publicly misrepresented the nature of the Papal Act to make it appear to be in conformity with the Code of Canon Law.
But don’t take my word for it, see the Vatican Website to review each translation. In the texts below which I have cut and pasted directly from the Vatican Website, I have colored in RED the falsifications of munus and ministerium, and/or the alterations of the Syntax, and placed in BLUE the correct translations of MINISTERIUM or the syntactical forms where they occur in each.
The Falsified English
The English as it appeared on the Vatican Website on April 8, 2019:
Dear Brothers,
I have convoked you to this Consistory, not only for the three canonizations, but also to communicate to you a decision of great importance for the life of the Church. After having repeatedly examined my conscience before God, I have come to the certainty that my strengths, due to an advanced age, are no longer suited to an adequate exercise of the Petrine ministry. I am well aware that this ministry, due to its essential spiritual nature, must be carried out not only with words and deeds, but no less with prayer and suffering. However, in today’s world, subject to so many rapid changes and shaken by questions of deep relevance for the life of faith, in order to govern the barque of Saint Peter and proclaim the Gospel, both strength of mind and body are necessary, strength which in the last few months, has deteriorated in me to the extent that I have had to recognize my incapacity to adequately fulfill the ministry entrusted to me. For this reason, and well aware of the seriousness of this act, with full freedom I declare that I renounce the ministry of Bishop of Rome, Successor of Saint Peter, entrusted to me by the Cardinals on 19 April 2005, in such a way, that as from 28 February 2013, at 20:00 hours, the See of Rome, the See of Saint Peter, will be vacant and a Conclave to elect the new Supreme Pontiff will have to be convoked by those whose competence it is.
Dear Brothers, I thank you most sincerely for all the love and work with which you have supported me in my ministry and I ask pardon for all my defects. And now, let us entrust the Holy Church to the care of Our Supreme Pastor, Our Lord Jesus Christ, and implore his holy Mother Mary, so that she may assist the Cardinal Fathers with her maternal solicitude, in electing a new Supreme Pontiff. With regard to myself, I wish to also devotedly serve the Holy Church of God in the future through a life dedicated to prayer.
The Falsified Italian
Italiano as it appeared on the Vatican Website on April 8, 2019:
Carissimi Fratelli,
vi ho convocati a questo Concistoro non solo per le tre canonizzazioni, ma anche per comunicarvi una decisione di grande importanza per la vita della Chiesa. Dopo aver ripetutamente esaminato la mia coscienza davanti a Dio, sono pervenuto alla certezza che le mie forze, per l’età avanzata, non sono più adatte per esercitare in modo adeguato il ministero petrino. Sono ben consapevole che questo ministero, per la sua essenza spirituale, deve essere compiuto non solo con le opere e con le parole, ma non meno soffrendo e pregando. Tuttavia, nel mondo di oggi, soggetto a rapidi mutamenti e agitato da questioni di grande rilevanza per la vita della fede, per governare la barca di san Pietro e annunciare il Vangelo, è necessario anche il vigore sia del corpo, sia dell’animo, vigore che, negli ultimi mesi, in me è diminuito in modo tale da dover riconoscere la mia incapacità di amministrare bene il ministero a me affidato. Per questo, ben consapevole della gravità di questo atto, con piena libertà, dichiaro di rinunciare al ministero di Vescovo di Roma, Successore di San Pietro, a me affidato per mano dei Cardinali il 19 aprile 2005, in modo che, dal 28 febbraio 2013, alle ore 20,00, la sede di Roma, la sede di San Pietro, sarà vacante e dovrà essere convocato, da coloro a cui compete, il Conclave per l’elezione del nuovo Sommo Pontefice.
Carissimi Fratelli, vi ringrazio di vero cuore per tutto l’amore e il lavoro con cui avete portato con me il peso del mio ministero, e chiedo perdono per tutti i miei difetti. Ora, affidiamo la Santa Chiesa alla cura del suo Sommo Pastore, Nostro Signore Gesù Cristo, e imploriamo la sua santa Madre Maria, affinché assista con la sua bontà materna i Padri Cardinali nell’eleggere il nuovo Sommo Pontefice. Per quanto mi riguarda, anche in futuro, vorrò servire di tutto cuore, con una vita dedicata alla preghiera, la Santa Chiesa di Dio.
The Falsified Spanish Text
The Spanish as it appeared on the Vatican Website on April 8, 2019:
Queridísimos hermanos,
Os he convocado a este Consistorio, no sólo para las tres causas de canonización, sino también para comunicaros una decisión de gran importancia para la vida de la Iglesia. Después de haber examinado ante Dios reiteradamente mi conciencia, he llegado a la certeza de que, por la edad avanzada, ya no tengo fuerzas para ejercer adecuadamente el ministerio petrino. Soy muy consciente de que este ministerio, por su naturaleza espiritual, debe ser llevado a cabo no únicamente con obras y palabras, sino también y en no menor grado sufriendo y rezando. Sin embargo, en el mundo de hoy, sujeto a rápidas transformaciones y sacudido por cuestiones de gran relieve para la vida de la fe, para gobernar la barca de san Pedro y anunciar el Evangelio, es necesario también el vigor tanto del cuerpo como del espíritu, vigor que, en los últimos meses, ha disminuido en mí de tal forma que he de reconocer mi incapacidad para ejercer bien el ministerio que me fue encomendado. Por esto, siendo muy consciente de la seriedad de este acto, con plena libertad, declaro que renuncio al ministerio de Obispo de Roma, Sucesor de San Pedro, que me fue confiado por medio de los Cardenales el 19 de abril de 2005, de forma que, desde el 28 de febrero de 2013, a las 20.00 horas, la sede de Roma, la sede de San Pedro, quedará vacante y deberá ser convocado, por medio de quien tiene competencias, el cónclave para la elección del nuevo Sumo Pontífice.
Queridísimos hermanos, os doy las gracias de corazón por todo el amor y el trabajo con que habéis llevado junto a mí el peso de mi ministerio, y pido perdón por todos mis defectos. Ahora, confiamos la Iglesia al cuidado de su Sumo Pastor, Nuestro Señor Jesucristo, y suplicamos a María, su Santa Madre, que asista con su materna bondad a los Padres Cardenales al elegir el nuevo Sumo Pontífice. Por lo que a mi respecta, también en el futuro, quisiera servir de todo corazón a la Santa Iglesia de Dios con una vida dedicada a la plegaria.
The Falsified French
The French as it appeared on the Vatican Website on April 8, 2019:
Frères très chers,
Je vous ai convoqués à ce Consistoire non seulement pour les trois canonisations, mais également pour vous communiquer une décision de grande importance pour la vie de l’Église. Après avoir examiné ma conscience devant Dieu, à diverses reprises, je suis parvenu à la certitude que mes forces, en raison de l’avancement de mon âge, ne sont plus aptes à exercer adéquatement le ministère pétrinien. Je suis bien conscient que ce ministère, de par son essence spirituelle, doit être accompli non seulement par les œuvres et par la parole, mais aussi, et pas moins, par la souffrance et par la prière. Cependant, dans le monde d’aujourd’hui, sujet à de rapides changements et agité par des questions de grande importance pour la vie de la foi, pour gouverner la barque de saint Pierre et annoncer l’Évangile, la vigueur du corps et de l’esprit est aussi nécessaire, vigueur qui, ces derniers mois, s’est amoindrie en moi d’une telle manière que je dois reconnaître mon incapacité à bien administrer le ministère qui m’a été confié. C’est pourquoi, bien conscient de la gravité de cet acte, en pleine liberté, je déclare renoncer au ministère d’Évêque de Rome, Successeur de saint Pierre, qui m’a été confié par les mains des cardinaux le 19 avril 2005, de telle sorte que, à partir du 28 février 2013 à vingt heures, le Siège de Rome, le Siège de saint Pierre, sera vacant et le conclave pour l’élection du nouveau Souverain Pontife devra être convoqué par ceux à qui il appartient de le faire.
Frères très chers, du fond du cœur je vous remercie pour tout l’amour et le travail avec lequel vous avez porté avec moi le poids de mon ministère et je demande pardon pour tous mes défauts. Maintenant, confions la Sainte Église de Dieu au soin de son Souverain Pasteur, Notre Seigneur Jésus-Christ, et implorons sa sainte Mère, Marie, afin qu’elle assiste de sa bonté maternelle les Pères Cardinaux dans l’élection du Souverain Pontife. Quant à moi, puissé-je servir de tout cœur, aussi dans l’avenir, la Sainte Église de Dieu par une vie consacrée à la prière.
The Falsified Portuguese
The Portuguese as it appeared on the Vatican Website on April 8, 2019:
Caríssimos Irmãos,
convoquei-vos para este Consistório não só por causa das três canonizações, mas também para vos comunicar uma decisão de grande importância para a vida da Igreja. Depois de ter examinado repetidamente a minha consciência diante de Deus, cheguei à certeza de que as minhas forças, devido à idade avançada, já não são idóneas para exercer adequadamente o ministério petrino. Estou bem consciente de que este ministério, pela sua essência espiritual, deve ser cumprido não só com as obras e com as palavras, mas também e igualmente sofrendo e rezando. Todavia, no mundo de hoje, sujeito a rápidas mudanças e agitado por questões de grande relevância para a vida da fé, para governar a barca de São Pedro e anunciar o Evangelho, é necessário também o vigor quer do corpo quer do espírito; vigor este, que, nos últimos meses, foi diminuindo de tal modo em mim que tenho de reconhecer a minha incapacidade para administrar bem o ministério que me foi confiado. Por isso, bem consciente da gravidade deste acto, com plena liberdade, declaro que renuncio ao ministério de Bispo de Roma, Sucessor de São Pedro, que me foi confiado pela mão dos Cardeais em 19 de Abril de 2005, pelo que, a partir de 28 de Fevereiro de 2013, às 20,00 horas, a sede de Roma, a sede de São Pedro, ficará vacante e deverá ser convocado, por aqueles a quem tal compete, o Conclave para a eleição do novo Sumo Pontífice.
Caríssimos Irmãos, verdadeiramente de coração vos agradeço por todo o amor e a fadiga com que carregastes comigo o peso do meu ministério, e peço perdão por todos os meus defeitos. Agora confiemos a Santa Igreja à solicitude do seu Pastor Supremo, Nosso Senhor Jesus Cristo, e peçamos a Maria, sua Mãe Santíssima, que assista, com a sua bondade materna, os Padres Cardeais na eleição do novo Sumo Pontífice. Pelo que me diz respeito, nomeadamente no futuro, quero servir de todo o coração, com uma vida consagrada à oração, a Santa Igreja de Deus.
The Falsified German
The German as it appeared on the Vatican Website on April 8, 2019:
Liebe Mitbrüder!
Ich habe euch zu diesem Konsistorium nicht nur wegen drei Heiligsprechungen zusammengerufen, sondern auch um euch eine Entscheidung von großer Wichtigkeit für das Leben der Kirche mitzuteilen. Nachdem ich wiederholt mein Gewissen vor Gott geprüft habe, bin ich zur Gewißheit gelangt, daß meine Kräfte infolge des vorgerückten Alters nicht mehr geeignet sind, um in angemessener Weise den Petrusdienst auszuüben. Ich bin mir sehr bewußt, daß dieser Dienst wegen seines geistlichen Wesens nicht nur durch Taten und Worte ausgeübt werden darf, sondern nicht weniger durch Leiden und durch Gebet. Aber die Welt, die sich so schnell verändert, wird heute durch Fragen, die für das Leben des Glaubens von großer Bedeutung sind, hin- und hergeworfen. Um trotzdem das Schifflein Petri zu steuern und das Evangelium zu verkünden, ist sowohl die Kraft des Köpers als auch die Kraft des Geistes notwendig, eine Kraft, die in den vergangenen Monaten in mir derart abgenommen hat, daß ich mein Unvermögen erkennen muß, den mir anvertrauten Dienst weiter gut auszuführen. Im Bewußtsein des Ernstes dieses Aktes erkläre ich daher mit voller Freiheit, auf das Amt des Bischofs von Rom, des Nachfolgers Petri, das mir durch die Hand der Kardinäle am 19. April 2005 anvertraut wurde, zu verzichten, so daß ab dem 28. Februar 2013, um 20.00 Uhr, der Bischofssitz von Rom, der Stuhl des heiligen Petrus, vakant sein wird und von denen, in deren Zuständigkeit es fällt, das Konklave zur Wahl des neuen Papstes zusammengerufen werden muß.
Liebe Mitbrüder, ich danke euch von ganzem Herzen für alle Liebe und Arbeit, womit ihr mit mir die Last meines Amtes getragen habt, und ich bitte euch um Verzeihung für alle meine Fehler. Nun wollen wir die Heilige Kirche der Sorge des höchsten Hirten, unseres Herrn Jesus Christus, anempfehlen. Und bitten wir seine heilige Mutter Maria, damit sie den Kardinälen bei der Wahl des neuen Papstes mit ihrer mütterlichen Güte beistehe. Was mich selbst betrifft, so möchte ich auch in Zukunft der Heiligen Kirche Gottes mit ganzem Herzen durch ein Leben im Gebet dienen.
This German translation is even more falsified than the others, becuase it INVERTS the translations for Munus (Amt) and Ministerium (Dienst) to make it appear that the resignation was a resignation of office!
Finally, I concede that I cannot read Arabic or Polish, but perhaps you can bet how those texts were also falsified?
____________________________
FOOTNOTE
* See my Scholastic Question: “Why the Resignation of Pope Benedict XVI must be questioned,” (English, Espanol) for the philosophical, theological and canonical explanation. As for renunciations of ministry, Priests, Bishops and even Deacons resign the ministry when they retire or lose the clerical state. In such cases they may or may not retain the faculties of the priesthood, but continue to be Priests, Bishops or Deacons. Before Vatican II, when Bishops continued in office until death, it was very common to see reigning Bishops who could not exercise the episcopal ministry in matters of governance or liturgical functions, because they became totally senile or bed ridden or incapacitated. The modern concept of a co-Adjutor Bishop reflects this reality, wherein a reigning Bishop no longer feels capable of exercising the ministry which flows from the office, which he, however, continues to hold. — Note, however, that there is no Canon in the Code of Canon Law which regards a papal renunciation of ministry, because, since the Office of Peter is necessary for the Church by Divine Promise, the exercise of its ministry is a necessary good for the Church and consequently a grave obligation for the one who holds it. Thus, he who holds the munus can always exercise the ministry, even if he personally renounces it. Furthermore, its not really necessary even to declare such a renunciation, as the Pope can delegate many of his powers to Cardinals, Vicars and Legates apostolic, even as his physical powers fail him. — For all the rest, see the Scholastic Question in which I consider in its second part, all the reasons for holding the act of renunciation as it appears in the Latin original, and refute them point by point.
As my faithful readers may know, I began the From Rome Blog, on September 7, 2013 A.D. with a book Review of Enrico Maria Radaelli’s book, Il Domani Terribile o Radioso? del Dogma, which was a profound medication on the importance of recognizing Beauty as as one of the transcendentals of being. I remain ever thankful that my review so pleased Professor Radaelli that I had the honor of dining with him about a week thereafter.
I met him only on another occasion or two, and he urged me on in my proposal to blog, taking up the more profound questions of the day. I was at the time much immersed in my preparation of the English translation of the Commentaries of Saint Bonaventure, but I took heed of his encouragement.
Often it happens, that a chance meeting or reading will lead to greater things, of which one has not the foggiest notion or daring imagination to foresee. And at other times a slight negligence or carelessness about a chance reading or meeting can be the cause of grave omissions.
I see this now, more than 6 years after the events of February, 2013. At that time I was a student in the Faculty of Theology of Saint Bonaventure, at Rome, and I was given a copy of Professor Radaelli’s Supplica to His Holiness Pope Benedict XVI, in which he urges the Pope to take back his renunciation. He published this on Feb. 18, 2013.
At the time my mind focused only on one part of his argument: namely the faulty notion that whereas a pope could lawfully resign, it was metaphysically unsound to do so. Reading Professor Radaelli’s paper in Italian, which you can read from this link, today, here, I had the difficulty of thinking about his entire argument and the problem he was addressing, since I think in English. I saw that the Professor had written with the most profound emotion and philosophical sense, but I dismissed what he warned of, summarily, since I was given to the same fault of many Catholics, namely of holding that papal power is such that there can be no question of immorality or defect in anything a Pope could lawfully do.
An acquaintance who had served several Bishops in Italy as their private secretary also in those days approached me to ask my opinion of the resignation. He told me that there was an article in the Corriere della Sera about clamorous errors in the text of the resignation, which would make it invalid. I remarked curtly, that how could the Vatican be ignorant of Latin, after all. And upon reading Canon 332 §2 in the English and Italian found nothing to object to. — Though I remained unsatisfied that there was not yet an English translation of the act of renunciation, which, if I remember correctly, only appeared in March after Bergoglio took the name “Francis.”
Professor Radaelli’s work is entitled, Why Pope Benedict XVI should withdraw his resignation: it is not yet time for a new Pope, because if there is one, he will be an Anti-Pope. (This English translation of the Title, is my own). The Italian is:
Now, I can see that Professor Radaelli had a profund metaphysical sense which went way beyond my grasp at the time. He was warning the world that a papal resignation had to be in conformity with the metaphysical nature of the Papacy, as an office and gift of grace originating and bestowed by the Living God, Who is Being and Existence Himself. Not being a native speaker of Italian I did not at that time see what was motivating him so strongly to object. I see now that it was that the resignation, in Italian, was being called a dimissione, that is a letting-go of office. This is the secular term for leaving office. It implies that the office is entirely in the power of the one holding it, is something secular, and has no metaphysical realty of itself other than a relation to those served.
But this is precisely the nature of a ministerium in Latin, when considered in of itself. Thus, the metaphysical sense of Professor Radaelli was giving off a loud alarm. He did not express this alarm in terms of canonical invalidity but of moral non conformity.
Though no one at the time was discussing the issue of ministerium vs. munus — because nearly everyone was reading a faulty Italian translation of the act of renunciation (prepared by the Vatican) and no one was reading the Code of Canon Law in Latin — the Professor was speaking prophetically in a true sense to warn the Church of Rome of the dire consequences to come.
For this reason, because of my own cavalier attitude to Professor Radaelli’s work, I owe him an apology. And I think the whole Church does also.
I only awoke to the problem when I actually looked at the Code of Canon Law, Canon 332 §2 in the Latin, and the text of the renunciation in Latin. Then I saw immediately the problem. Further investigation of what Canon 17 required confirmed it.
Today, I know by acquired human reason and by divine faith that Pope Benedict never validly resigned, because to affirm the opposite would require that one reject the entire Catholic Faith, right reason and human language itself. The inherent perfection of Beauty, as a transcendental of being which is inscribed in all things, a perfection which is expressed in the balance of good and truth and unity in a perfect harmony and order, preaches most loudly to all who will hear Her, that such is the case.
Henry III (1017-1056). Called the Black. Holy Roman Emperor. 3 Popes Deposed at the Synod of Sutri (1046). Engraving by A. Closs. Colored. (Photo by: PHAS/UIG via Getty Images)
In his recent article at Rorate Caeli, Auxiliary Bishop Athanasius Schneider writes a long article to quell the raging doubts Catholics now have regarding Bergoglio’s claim to the papacy.
But in that Article the learned Bishop gets his history lesson wrong, when he writes:
Popes were deposed several times by secular powers or by criminal clans. This occurred especially during the so-called dark ages (10th and 11th centuries), when the German Emperors deposed several unworthy popes, not because of their heresy, but because of their scandalous immoral life and their abuse of power. However, they were never deposed according to a canonical procedure, since that is impossible because of the Divine structure of the Church. The pope gets his authority directly from God and not from the Church; therefore, the Church cannot depose him, for any reason whatsoever.
(Emphasis added)
As I recited in my article, Yes a Pope can be canonically deposed, the history of the Papacy contradicts the Bishop’s assertion, for the Church does recognize as legitimate a Synod which canonically deposed 3 claimants to the papacy, one of which had to be the legitimate pope.
I quote my own article:
The events are summarized by John Cardinal Newman, and summarized in the Old Catholic Encyclopedia summarizes the events:
The proceedings of the Synod of Sutri, 20 December, are well summarized by Cardinal Newman in his “Essays Critical and Historical” (II, 262 sqq.). Of the three papal claimants, Benedict refused to appear; he was again summoned and afterwards pronounced deposed at Rome. Sylvester was “stripped of his sacerdotal rank and shut up in a monastery”. Gregory showed himself to be, if not an idiota, at least a man miræ simplicitatis, by explaining in straightforward speech his compact with Benedict, and he made no other defence than his good intentions, and deposed himself (Watterich, Vitæ Rom. Pont., I, 76); an act by some interpreted as a voluntary resignation, by others (Hefele), in keeping with the contemporary annals, as a deposition by the synod. The Synod of Sutri adjourned to meet again in Rome 23 and 24 December. Benedict, failing to appear, was condemned and deposed in contumaciam, and the papal chair was declared vacant. As King Henry was not yet crowned emperor, he had no canonical right to take part in the new election; but the Romans had no candidate to propose and begged the monarch to suggest a worthy subject.
Now, its not heresy to say that something happened, even if nutty Sedevacantists fell off their toilets when I wrote my article in September, accusing me of heresy. If the Church did depose a Pope canonically, its clearly not heresy to say that they did, or that the Church holds in practice that the Church can. Why since 2 of the deposed popes are depicted on the frieze of the Lateran (constructed in the 19th century), you could even argue the Vatican endorses both their papacies and their deposition, since Pope Clement II is also depicted there, who replaced all three.
Whether the Divine Constitution of the Church opposes such a notion or not, I think, is a concept of the constitution of the Church which excludes her history. Because if the Divine Constitution of the Church does make that impossible, then it’s also illicit, and thus immoral. But the Church has recognized the validity of the Synod of Sutri for 10 centuries, and the validity of the election of Pope Clement II for 10 centuries. So if anyone can quote a theologian or canonist after Sutri who said otherwise, quote him. But can we rely on his authority and not that of the Church by Her tacit acceptance? If we rely on such an opinion, are we not constrained to say the Church was in error for 10 centuries? And if we say that, are we not heretics?
As I said before, if Benedict IX did sell the papacy to Gregory VI, then the sale effected nothing, since you cannot validly sell an ecclesiastical office. That means that Benedict IX was the true Pope, because even if he did resign after the sale thinking he did sell the office, he was in substantial error and therefore his resignation was invalid. I suppose one could argue the Synod was in substantial error thinking it could depose Benedict or anyone for that matter, and that therefore Clement II’s election was invalid on account of substantial error, but the Church has never said that. The Frieze above the interior columns of the Lateran sill show Clement II as the one true valid Pope during the years of his reign.
I think its more probable, that whereas the Pope cannot be deposed as pope or for being pope, the man who is pope, who sins against the office by Simony or Heresy, can be deposed. But I admit that is my private fallible opinion. The Church’s Magisterium has not addressed such a specific case, to my knowledge, to handle the Synod of Sutri. The probability which causes me to hold such an opinion is that such an opinion avoids contradicting defined dogma and canons, by admitting an exceptional case in which the Law Maker Himself would not want otherwise unbending laws to prevail.
Recently at One Peter Five, a website which is subtitled, “Rebuilding Catholic Culture. Restoring Catholic Tradition”, Robert Siscoe has published an article to quell the raging doubts Catholics have about the legitimacy of Bergoglio’s claim to the papacy: the first part of which is entitled: “Dogmatic Fact, the One Doctrine which proves Francis is Pope“, and the second part of which is entitled, “For Each Objection, an answer why Francis is Pope“.
There is nothing much to be said for his article other than it’s a lawyer-esque attempt to convince his audience using 3 different shell games. As you may know, a shell game is where you put a ball under one shell and then quickly shuffle the shells on a table top so that the onlooker loses track of which of the shells contains the ball, and then you ask the onlooker to guess under which shell the ball is. In American popular discourse, a shell game, therefore, is a trick whereby you pretend that something is one thing at one time, when it really is not.
Here are Siscoe’s 3 Shell games:
The Church
In Siscoe’s mouth the verbal expression “The Church” has two distinct meanings: the Church founded by Jesus Christ, the Catholic Church, AND the mass of those who uncritically accept that the resignation of Benedict XVI is valid because they never examined its conformity to Canon 332 §2.
The Shell Game that Siscoe plays with these 2 senses can be reduced to a simple Sophistic argument (i.e. invalid syllogism), thus:
Major:The Chuch (founded by Jesus Christ) cannot be deceived about who is the Pope.
Minor:The Church (of all those who have not examined the resignation of Benedict) accept Bergoglio as Pope Francis.
Conclusion: Therefore, The Church (founded by Jesus Christ) accepts Bergoglio as Pope Francis.
This kind of argumentation is a false illation, because the term “The Church” has not the same signification in both the major and minor premises of the syllogism. Aristotle calls this the Sophism of the undistributed middle term, or the equivocation.
Fallible Private Opinion
In Siscoe’s mouth, the phrase “Fallible Private Opinion” has two senses: in one sense its a judgement about something wherein the judgement may or may not be correct, because its not based on objective reality but on an interpretation of reality. In the other sense, its any fact of objective reality which he wants to ignore for the sake of his argument.
The Shell Game that Siscoe plays with these 2 senses can be reduced to a simple Sophistic argument (i.e. invalid syllogism), thus:
Major: No merely infallible private opinion about dogmatic facts can assert itself as more authoritative than the judgement of the majority of men and women in the Church, since the Church’s sensus fidelium and Her indefectibility protects Her from error.
Minor: That Benedict’s act of renunciation regards the ministerium and not the munus, is a fallible private opinion.
Conclusion: Therefore, no one has the right to sustain that Benedict’s resignation is invalid against the vast majority of the members of the Church.
The error of this illation is found chiefly in the Minor. Because, that Benedict said ministerio not muneri in his act of renunciation is NOT a private opinion, but a fact of history.
Siscoe may not know it, but the Science of Logic teaches that the verity of premises flows down to their conclusions in valid illations. Thus:
Major: That Benedict renounced his ministerium, is a fact of history.
Minor: That canon 332 §2 requires the renunciation of munus, is not a fallible private opinion, but a fact of law, being the very text of the Law.
Conclusion: That Benedict’s act of resignation is not in conformity with canon 332 is a fact of history.
Siscoe might want to ignore canon 38, which says that any Motu Proprio which runs counter to the terms of the law, EVEN IN THE CASE IN WHICH the one positing the act is IGNORANT of the law, is invalid UNLESS there is an express derogation from the law by the competent authority (in this case by the Pope), but Canon 38 is there and Catholics cannot ignore to apply it to this case. Thus the conclusion infallibly follows, since the act of resignation contained no derogation from canon 38 or 332, that:
Benedict did not validly resign.
Peaceful and Universal Acceptance
These words mean two things in the mouth of Siscoe: in one sense they mean universal and peaceful and CANONICAL acceptance by the Church (see last quotation in part II). In the other sense they mean peaceful and universal acceptance CANONICAL OR NOT by the Church (see the citation of Saint Alphonsus dei Liguori).
So Siscoe’s usage of both terms can be reduced to this syllogism:
Major: The acceptance (Canonical) by the Church of of a man as Pope requires that all accept him as validly elected.
Minor: Bergoglio has been accepted (even if it be unCanonically).
Conclusion: Bergoglio must be accepted by all the Church as validly elected.
Siscoe’s illation is false because he is using 2 different senses of accepted. If he used the ancient reflex principle in its proper context, as he cites it in the final citation of that article, and did so AT THE BEGINNING of his article it would be obvious that he is beating against the air, because since the controversy regards whether Benedict canonically resigned, the key quality to be examined in the resignation is its conformity to canon law.
In Conclusion
Siscoe misunderstands the notion of infallibility. Infallibility as a quality is the natural property of God alone as Infinite Truth. Infallibility as a charism of grace is vouchsafed to only a validly elected successor of Saint Peter. But infallibility is a quality of every true proposition, on account of truth being per se infallible, even if the thing asserted be asserted by a non infallible created person without any gift of grace.
Siscoe also seems to not know the distinction between an opinion and a fact. One can have an opinion about whether there is life on Mars, because we yet do not know if there is or is not. But one cannot have an opinion of whether there is life on Earth, since that is a fact. An opinion can be had when both sides, pro and con, are possibles. But when there can be no truth on one side of the judgement, an opinion is impossible.
NOTE WELL: In this controversy, there is a fallible private opinion which is being asserted by some as superior to truth, reality and law, and it is this: that the renunciation of ministerium effects a renunciation of munus. Those who hold this opinion have yet to prove it, and the only valid proof must be in accord with the norm of Canon 17.
The image comes from Ann Barnhardt’s website, where she says she has confirmed its authenticity. Father Paolo Borgia, is, according to Wikipedia, an assessor in the Vatican Secretary of State. The Secretary of State has the duty to respond to official correspondence received from the pope.
These affirmations coupled with Bergoglio’s public invitation to the crowds gathered at the 2019 Youth Day in Panama, “Wave your hands at Pope Benedict”, give all Catholics pause to think:
Because, suppose it be true that Bergoglio is Pope Francis, that is, is the true Pope. Therefore, it follows that when he invites us to call Benedict, Pope, he affirms publicly that Benedict is pope. But the Catholic Faith says there can only be one pope at a time. This is defined dogma, as per Vatican I. Therefore, since the first one to hold the title of pope is the true pope, since no one can claim the title until the title be renounced, then it follows that Bergoglio in inviting all to call Ratzinger the pope, is in fact saying that he is not the Pope and has no valid claim on the papacy.
Thus all Catholics now, must call Benedict the Pope and stop calling Bergoglio pope.
But if you reject this argument, saying, that when Benedict resigned, we should ignore that he renounced the ministerium, though Canon 332 §2 requires the renunciation of munus, and that when Francis speaks we should ignore that he called Benedict, “el papa”, then, should you NOT ask YOURSELF if you have just put yourself above the Pope, whomsoever he be, and made YOURSELF THE INFALLIBLE INTERPRETER OF THE POPE.
Hence, those who hold that Bergoglio is the Pope, now, must have 3 popes: Bergoglio, Ratzinger and themselves.
Those who hold that Benedict made a small mistake in his act of renunciation, however, are the Catholics, with only one Pope, Pope Benedict XVI, just as the Church teaches there should be only 1 pope.
Pope Boniface VIII, Quoniam (Sexti Decretalium Liber. I, Tit. VII, chapter 1):
Quoniam aliqui curiosi disceptatores de his, quae non multum expediunt, et plura sapere, quam oporteat, contra doctrinam Apostoli, temere appetentes, in dubitationem sollicitam, an Romanus Pontifex (maxime cum se insufficientem agnoscit ad regendam universalem Ecclesiam, et summi Pontificatus onera supportanda) renunciare valeat Papatui, eiusque oneri, et honori, deducere minus provide videbantur: Celestinus Papa quintus praedecessor noster, dum eiusdem ecclesiae regimini praesidebat, volens super hoc haestitationis cuiuslibet materiam amputare, deliberatione habita cum suis fratribus Ecclesiae Romanae Cardinalibus (de quorum numero tunc eramus) de nostro, et ipsorum omnium concordi consilio et assensu, auctoritate Apostolica statuit, et decrevit: Romanum Pontificem posse libere resignare.
Nos igitur ne statutum huiusmodi per ipsis cursum oblivioni dari aut dubitationem eandem in recidivam disceptionem ulterius deduci contingat: ipsum inter constitutiones alias, ad perpetuam rei memoriam, de fratrum nostrorum consilio duximus redigendum.
My English Translation:
Since some debaters curious about those things, which are not very expedient, and desiring rashly to know more than is opportune, against the teaching of the Apostle (1 Tim. 6:4), have seemed to draw forth less cautiously a solicitous doubt, whether the Roman Pontiff (most of all when he acknowledges himself (to be) insufficient to rule the universal Church, and to support the burdens (onera) of the Supreme Pontificate) be able [valeat] to renounce the Papacy [Papatui], and its charge [oneri], and honor [honori]: Pope Celestine V, Our predecessor, when he presided over the government of the same Church, willing to cut off the matter of any hesitation over this, having held a deliberation with His brothers, the Cardinals of the Roman Church (of whose number We were at that time), established and decreed by (his) Apostolic Authority, from the concordant counsel and assent of Ourselves, and of the same: that the Roman Pontiff can freely resign.
We, therefore, lest a statute of this kind, enacted through the same, be given up to oblivion or the same doubt be drawn forth furthermore in a repeated debate: judge that the same is to be registered among the other constitutions, ad perpetuam rei memoriam, (drawn) from the council of our brother (Cardinals).
________________________________
FOOTNOTES
Many thanks to Dr. Cyrille Dounot, Professor of Law in the Faculté de Droit et de Science Politique, at the Université d’Auvergne, France, for making the Latin text of Boniface’s decree, Quoniam (VI, 1, 7, 1), available to me, from the Corpus Iuris Canonici, Vol II, Liber Sextus, Clementinae and Extravagantes, cum glossis, Lyons, France, 1584, cols. 197-199.
+ + + + + +
MY COMMENTARY
Benedetto Caetani, the future Pope Boniface VIII, was born around 1235 A. D., of an ancient Roman family. He studied jurisprudence at the University of Bologna and served in the papal government during his long career. Pope Martin IV made him Cardinal Deacon of Saint Nicholas in Carcere, in 1281 A. D., and Pope Nicholas IV, Cardinal Priest of St. Martin in Montibus ten years later. He succeeded Pope Celestine V in 1294, after the former renounced the papacy.
Pope Boniface studied canon law in an age in which its study was confined to gathering the canons of the ancient Church and those decreed in historic synods and commenting on them to deduce the fundamental principles of law by which the Church would be rightly governed. His decree, Quoniam, must be seen in this light, as we can see from the text.
There are two motives for Pope Boniface in writing Quoniam. The historical and the ecclesiological. Historically, inasmuch as he was elected following the resignation of Pope Celestine V, and on account of his untimely demise shortly after being sequestered by Boniface to the Castle of Fumone, Italy, Boniface had good reason to enshrine in Church Law the affirmation that a pope can freely resign. Second, ecclesiologically, Boniface wanted to put to rest doubts that swirled around the nature of the papal office, whether it was a vocation which could only be accepted, and never rejected, or whether it was an office, in the sense of a duty or charge, which could be lain down just as much as taken up.
In its form, Quoniam, is a memorial rescript, that is, its a written document which records what was said and decided in consistory by his predecessor, Pope Celestine V, with the Cardinals. Pope Boniface’s authority to issue the rescript, therefore, is twofold: he was both an eye witness participant in the discussions and as Roman Pontiff he had the authority to determinatively decide upon questions of canon law.
While Boniface’s central purpose was merely to affirm a point of papal power, the matter of his rescript touches upon the nature of the papal office as it was conceived in the minds of Pope Celestine V and his cardinals: as an office, as a duty, as a dignity. The office is that of the papacy (papatus), a Late Medieval term derived from the popular address of the Roman Pontiff, pope, in Greek (papas). The duty is a charge or burden (onus), not only a sober term for the magnitude and importance of the affairs it must conduct, but also a term which implies that this duty is bestowed from on high, a reference to Our Lord’s creation of the office in Matthew 16:18. Finally, the papal office is a dignity (honor), which distinguishes and elevates the one who accepts his canonical election above all others in the Church.
From Boniface’s rescript, by which he establishes Quoniam among the perpetual constitutions of the Church, we can see a direct and faithful reflection in the present Code of Canon Law, in Canon 332 §2, which terms the papal office a munus, affirms that a renunciation of munus is validly effected when the Pope acts freely, and requires a public act. In its final clause, Canon 332 §2 reaffirms that the power of renunciation lies solely in the papal office by denying that its validity arises from the act of renunciation being accepted by anyone at all.
Its clear, then, from the magisterial teaching of Pope Boniface VIII, that the papal office is not a ministry, but rather a unique dignity, office and duty, which in being renounced, must be renounced in its own nature according to what it is. That even those who doubted that a pope had such power, in Boniface’s day, affirmed these things are contained in the context of the doubt they raised, namely, whether a pope could renounce the papacy, its charge, and its honor.
Contrariwise, inasmuch as Pope Boniface affirms that a pope can renounce these things, he affirms that all three must be renounced to effect a papal renunciation, on this account, that in affirming the papal power extends over these, he implicitly asserts that if the papal power does NOT extend over each of these, then the renunciation has not taken place.
This follows from the rules of the science of Logic, which teaches that every negation must be understood strictly. Thus, since a renunciation is a form of negation, a renunciation of the papacy must renounce the office, the charge and the dignity. If one renounced only the exercise of the office and continued to exercise the passive ministry, retain the dignity of being called Your Holiness, giving the Apostolic Blessing, wearing the clothing which only the Pope can wear, it would be clear that one’s resignation had not occurred, because there is no renunciation of all right, unless all right be renounced.
Pope Boniface VIII, eminent legal scholar that he was, obviates these problems which arise from renunciation-law by using the intransitive form of the verb to resign [resignare] in his final affirmation of papal power. This is because, unlike “to renounce” [renuntiare], to resign implies of itself the renunciation of office and all its right, on account of its original meaning to re-signare, or undo the seal which enacted or approved a thing. In Latin, resignare, thus, has the meaning of annul or cancel, as well as resign, and recalls the powers invested in the office of Saint Peter, when Our Lord said: whatsoever you loose ….
The present Code of Canon Law by employing the verb to renounce [renunciare], thus requires that the object of the act munus, be a word which is full of meaning, rich in meaning, and encompassing all that is essential to an act of renunciation of papal office: the office, the charge and the dignity. The brilliance of the Latinity of those who prepared the New Code under Pope John Paul II is seen in this one word, munus, which means both gift [munus in Latin means gift, its used in the Liturgy for the gifts of the Magi], and office [canon 145 terms every ecclesiastical office a munus], charge [munus and onus in Latin share this meaning] and that which up-builds a person [munire in Latin means to build up, or fortify]. In English we see this in the words ammunition and munificence. On this account, if one were to renounce the papal office with any term which is not co-extensive with all three aspects of the Papal office, its clear that the renunciation would be incomplete, and therefore of no effect in law. Nay, since we men are creatures whose understanding is bound up with the words we use to express ourselves, its clear that if one were to use another term with deliberation, his consequent actions would reflect that partial renunciation and incomplete resignation. This should be now obvious to all, who have eyes to see.
UPDATE Dec. 5, 2022 A. D. : FromRome.Info has now published chapter II and offers for download the entire Sixth Tome of Decretals. See here.
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di Frà Alexis Bugnolo
