Tag Archives: Papal Renunciation

News

Breaking News: Pope Francis to abdicate, move into Santa Maria Maggiore Apartment?

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Commentary by Br. Alexis Bugnolo

According to the report of InfoVaticana, above, in Spanish:

The rumor that has spread in recent hours finds new confirmation. The apartment where Pope Francis will be hospitalized in Santa Maria Maggiore is ready and equipped to welcome the pontiff upon his release from the Gemelli Hospital, with the necessary equipment to care for an elderly patient, 88 years old, in the extremely delicate clinical condition that everyone now knows is. Why set up the hospital apartment in Santa Maria Maggiore and not in Santa Marta, where the Pope resides? The Roman basilica is the designated location in case of his resignation. Unlike Benedict XVI, Pope Francis has already publicly stated that he does not intend to remain in the Vatican, as Ratzinger did, but to move permanently to Santa Maria Maggiore. Added to this is the fact that he has already identified, within the Roman Basilica, the place where he wants to be buried. He also gave precise instructions on how his funeral should be carried out.

While at the present, this is only a rumor, it is perfectly consistent with all the news reported so far, that Pope Francis’ lungs are permanently damaged and he will have to be on oxygen and breathing machines for the rest of his life (as Dr. Bassetti believes is highly likely). This implies the very precise conditions of debilitated health, for which he has several times in the past said would lead him to decide to abdicate, as the AP reported last month.

FromRome.Info will follow this story closely. If true, we can expect in a few days, when Pope Francis is released from Gemelli that the announcement of his renunciation of the Papacy be made.

For more information, this is what Pope Francis needs to do to renounce the Papacy validly.

UPDATES March 12: The denials in recent weeks that Pope Francis was having a room prepared for him at Santa Marta, on the south gate of Vatican City, seems to confirm that he will transfer from Gemelli to another location. It is certain that he will have to be on oxygen during the day and during the night, so these facts seem to corroborate the report above.

The Consistory of Cardinals, which Pope Francis convoked on Feb. 25, for an unspecified future date, also seems to give credibility to the above report, since the most proper way for a Pope to renounce is in the presence of the College of Cardinals fully assembled. So I expect that the announcement of a precise date for the Consistory, and its location at Santa Maria Maggiore, will be the imminent confirmations of the above report.

UPDATES: March 13: The Vatican News Bulletin on Pope Francis’ health, last evening, denied that it is certain that Pope Francis would go to Nicea, Turkey for the 1700th Anniversary of the Council of Nicea, an event so important a Pope could not not attend. This seems to be further confirmation of his imminent resignation, not to mention that since a new pope will need weeks to prepare for this trip, Pope Francis’ resignation would have to be in March or early April to accommodate for that. — Meanwhile Bookies in the United Kingdom have put 75% odds on Pope Francis resigning in 2025.

One of our sources among the staff of Santa Maria Maggiore says that he also has heard the rumor that Pope Francis will transfer there after leaving Gemelli Hospital, but not from any authoritative source.

Canon Law

What does Pope Francis have to do, to validly Abdicate?

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A Canonical Commentary by Br. Alexis Bugnolo

Having written more about the Renunciation of Pope Benedict XVI than perhaps any other author in any language, and having spent 6 years in its study, having spoken with some of the top legal experts at Rome, I will here lay out what is required to validly renounce the papacy, and what are the problems Pope Francis has to avoid, to do this without creating a new controversy over who is really the pope and who is not.

Canon 332 §2

Si contingat ut Romanus Pontifex muneri suo renuntiet, ad validitatem requiritur ut renuntiatio libere fiat et rite manifestatur, non vero ut a quopiam acceptetur.

IF IT HAPPEN THAT THE ROMAN PONTIFEX RENOUNCE HIS MUNUS, FOR VALIDITY THERE IS REQUIRED THAT THE RENUNCIATION BE MADE FREELY AND THAT IT BE MANIFESTED RIGHTLY, BUT NOT THAT IT BE ACCEPTED BY ANYONE.

REQUIREMENTS OF THE LAW

Canon 332, section 2, in the Code of Canon Law, promulgated by Pope John Paul II on January 25, 1983, is the only law of the Roman Church which governs the abdication of the Pope. While it is brief in its verbal formulations, its signification is profound, and great attention must be placed upon the rules it lays down for a valid renunciation.

TERMS

To understand this, it is first necessary to understand that in the Roman Church, the supreme earthly hierarch, is called in law, the Roman Pontiff, according to the dignity of the office. That is, the man who is the pope is called “Roman Pontiff”, as his official title. This title pertains according to ecclesiastical tradition to the Bishop of Rome. Consequent to this title are his other titles such as “Vicar of Christ” and “the Pope”. These latter titles are theological and popular, respectively speaking. “Pope” can be used also in regard to other Patriarchs, such as the Coptic Patriarch of Alexandria, Egypt. And “vicar of Christ” is a generic term for any bishop or priest acting in the name of Christ, though in English, as a proper title, “the Pope”, is used by Catholics to refer solely to the Bishop of Rome.

Secondly, the papal office (officium papalis) is signified in Canon Law by one term only, the petrine munus (munus petrinum: cf. Canons 331-334), with “petrine” (petrinum) being only an adjective of clarification in theological discourse or popular writing. That is, to say “the Pope’s munus”, simply speaking, using the definitive article in English to name the singular special attribution signified by the expression which follows, refers to the petrine munus, to the munus of the Roman Pontiff, the reception or renunciation of which either makes a man the pope or causes him to abdicate, respectively speaking. “Munus” is used in the New Code of Canon Law because it correctly and precisely signifies as a term, a gift of grace received (munus) from Christ Jesus Our Lord, when the one who accepts his election to be the Roman Pontiff, receives this grace from Christ in that very same moment, if he already be a Bishop, or in the moment of his episcopal consecration, if he not already be a bishop. No other term completely and entirely signifies this grace immediately and directly. However, other terms can cosignify this by completely and entirely signifying the canonical or legal effects of receiving such a grace: these are officium, onus, and dignitas, each of which would require an adjective or phrase to precisely signify solely and only that of the Roman Pontiff, such as papalis, petrinus -a -um, or episcopi Romae (“of the Bishop of Rome”). “Ministerium” cannot do this, since “ministerium” in Latin implies its co-relative, “magisterium”, both of which would have to be mentioned along with one of the other three, since they are juridical consequences of holding the petrine munus, they do not co-signify that munus in its entirety. “Onus” in Latin means “the burden”, that is the full weight of the duty, and “dignitas” refers to the full importance or dignity or preeminence obtained by accepting that duty. The use of these latter two terms is sanctioned in the act of renunciation of Pope Saint Celestine V (see below). “Officium” means office, and thus completely signifies the juridical authority and title obtained in receiving this duty.

This, the abdication of the Roman Pontiff in canonical tradition is called a “renunciation”. This term is a highly technical one and has a precise meaning. “To renounce” (renuntiare) means ‘to announce backwards’, that is, to withdraw completely the act of acceptance posited when the duty was accepted, after a juridically valid election. ‘To renounce’, therefore, logically, etymologically and juridically, as well as legally, requires a verbal statement personally made by the one who claims the munus received and names the munus received.

Thus, according to Canon 332 section 2, the entire juridical fact and notion of a papal abdication is signified by the terms “renounce” and “munus”. In Latin the verb “to renounce” (renuntiare) takes an indirect object, unlike in English, where it takes a direct object. Thus “to renounce an office” in Latin requires one to say “renuntiare officio”. “Muneri” is the dative in Latin for this construction of “munus”.

REQUIREMENTS FOR AN ACT OF THE RENUNCIATION BY A ROMAN PONTIFF

Thus, Canon 332, section 2, requires that the man who claims the office, dignity, ministry of or the grace to be the Roman Pontiff renounce his munus. This is the person who alone can make the renunciation. If he be in a coma or impeded, he cannot make this renunciation through legal representative. He is the juridical subject of the act.

This renunciation is the renunciation which is spoken of immediately afterwards in the second clause of the Canon. Canon 332 section 2 only becomes operative when it happens that the Roman Pontiff renounce his munus. If he renounce anything that does not signify or co-signify completely or simply that munus, Canon 332 section 2 does not apply, and the juridical act has only an administrative and temporary value, if any at all. Thus, the Roman Pontiff must verbally say that he renounces his munus or use a completely equivalent expression which signifies the totality of what munus signifies. This is the juridical form (renunciation) and matter (petrine munus) of the act of the juridical act of renunciation.

Next, for the validity of such a renunciation, besides the words needed to be said, “I renounce my munus”, or the equivalent, this renunciation of munus must be made freely. This first condition is that the Roman Pontiff speak only out of a deliberate personal act not under the duress or violent coercion of anyone else. By duress, there is meant a constraint against his own will. By violent coercion, an urging which contains threats to be imposed, not simply warnings of future evils. — Thus, if the Pope’s confessor urge him to renounce because he, the confessor, judges that there is no other way the man who is the Pope can observe the moral law necessary for the salvation of the man who is the pope, such a counsel is not a violent coercion. But if the counsel be given with a person accompanied by weapons or threats of physical violence, for example, whether to himself or others, the liberty of the act can be doubted.

For more on what the text of a valid abdication looks like, see the Renunciation by Pope Saint Celestine V, in Latin and English, here.

This verbal announcement of a renunciation of the petrine munus must be made in the presence of at least 2 other Catholic Bishops, who are not under ecclesiastical penalties of any kind. This is what the Canon means by “rightly” (rite), that is, according to the ritual requirements. It cannot be made electronically or telematically, via television, without such qualified witnesses present. These witnesses should be the 2 or 3 officers of the College of Cardinals, at the very least, who know the Pope personally and can certify that it is truly him, and by conversing with him BEFORE the act can ascertain that he is acting without duress or violent coercion. At least one Apostolic Notary should also be present to witness the signing of a document containing a valid text of renunciation, since if the verbal expression spoken is in any way faulty, the signed and witnessed document containing a valid formula for resignation would suffice to make the act juridically valid.*

Finally, if all such conditions are met, the act must be considered valid in law by all Catholics, and no amount of persons of whatsoever dignity who refuse it causes it to be doubtful or invalid. Contrariwise, if any one of these conditions are not met, no amount of persons of whatsoever dignity who accept it, cause it to be made valid or certain.

However, in accord with the norms of Canon Law, every Catholic is obliged not to accept the renunciation until he sees the act or knows by certain communications that it has been accomplished. Thus, a Catholic who neglects this, and years later comes to know that it was not done correctly, can licitly and lawfully hold that it is doubtful or invalid, and cannot be sanctioned for speaking about it.

Thus, in summary, if Pope Francis renounces, he must say so; in the presence of at least the officers of the College of Cardinals or two Catholic Bishops, and he must document the act with a signed document, witnessed by the same witnesses. He can televise his renunciation.

OTHER CONDITIONS OF JURISPRUDENCE

The renunciation must be made in simple syntax, it cannot be made in indirect discourse, such as when one says, “I declare that I renounce”. Also, it must be made without any sort of delimiting or limiting factors such as time or place or condition, such as would happen if a pope verbally said that he would renounce in the future, or at a certain place other than he is, or on the condition of any future event or fact. Nor can he renounce on the condition that he receive any benefit, such as would appear to be a sale of the office. Nor can he renounce by expressing a motivation for his action which objectively speaking appears to be irrational, untrue, unfounded, fictional, such as if he were to say, “I renounce the petrine munus, because an alien abducted me last night”.

Also, he ought NOT put any subordinate clauses in his act of renunciation, by which the terms he uses might be understood to be constrained in their signification, as would happen if he said, “I renounce the munus which the Cardinals gave me” etc.., or “I renounce the office which is” of a kind not precisely that of the petrine munus, such as if the Pope said, “I renounce the office which is the most important in the eyes of all Christians and world leaders etc..”.

RULE FOR DETERMINING VALIDITY

According to the ancient dictum, “Papa dubius, papa nullius” which is often written as “Papa dubius, papa nullus”, a doubtfully elected pope is the pope of no one, or, rather, a doubtfully elected pope is no pope, respectively. But as the acceptance of an election is the contrary of the renunciation of one’s election, the act of renunciation follows the contrary dictum: Papa dubie renuntiatus, iam papa omnium, that is, “A pope who has doubtfully renounced, is still the Pope of everyone.”

Therefore, if a Roman Pontiff in renouncing transgress any of the conditions or restrictions of Canon 332 section two, such that a reasonable doubt as to the signification of the act, or of its conformity to the requirements of that Canon arise, the act must be considered doubtful and thus the renunciation must be considered invalid, and it would be morally right and even a duty for Catholics to say so and demand that it be redone, if the Roman Pontiff actually and freely want to renounce. — If he fail to do either of these things, rightly, it must be assumed that he never had the intention or liberty to renounce and that he remains the Pope, regardless of whether the Cardinals think it is valid and regardless if he acts as if it is valid, or even assert that it is valid, in a non canonical way. Finally, he cannot after such an act attempt to repair it by any annexed document or verbal statement: he must redo it properly in its correct entire form and matter.

** A renunciation, being like jumping off a cliff, once it is done, it cannot be undone: a renunciation is valid whether it be by spoken word or written word: thus which ever of the two is valid, the renunciation is valid. This is because if the spoken renunciation is valid, the man who was the pope is no longer the pope and cannot take his renunciation back. And if the spoken renunciation is not valid, signing a written document which contains a valid formula, becomes of itself the act of a valid renunciation.

Canon Law, Church History

What does a valid Papal renunciation look like? — St. Celestine V shows the way

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By Br. Alexis Bugnolo

For more than 8 years Catholics have discussed and debated the  Declaration of Pope Benedict XVI, what it means and the peculiarities of its formulations.

Now after 8 years, it is more and more clear that it is not a Papal Abdication, but only an act of retirement, which renounces service but retains all power, authority, office, title and dignity.

This becomes clearer if we look to what words a canonized Saint, Celestine V, used to renounce the Papacy.

Here is the Latin text of his act, taken from His Papal Bull of December 13, 1294 A. D.:

Ego Caelestinus Papa Quintus motus ex legittimis causis, idest causa humilitatis, et melioris vitae, et coscientiae illesae, debilitate corporis, defectu scientiae, et malignitate Plebis, infirmitate personae, et ut praeteritae consolationis possim reparare quietem; sponte, ac libere cedo Papatui, et expresse renuncio loco, et Dignitati, oneri, et honori, et do plenam, et liberam ex nunc sacro caetui Cardinalium facultatem eligendi, et providendi duntaxat Canonice universali Ecclesiae de Pastore.

Here is my own translation into English:

I, Celestine V, Pope, moved out of legitimate causes, that is, for the sake of humility, and for a better life, and for a wounded conscience, by the debility of body, by the defect of knowledge, and by the malignancy of the plebs, by infirmity of person, and so that I might repair to the quiet of my past consolation: voluntarily, and freely cede the Papacy, and I expressly renounce the position, and Dignity, the burden and honor, and I do give full, and free faculty from hence forth to the sacred assembly of the Cardinals to elect and provide for the Universal Church a Pastor, so long as (it be done) in a canonical manner.

Discussion

Notice how the Saint does not renounce insignificant parts or details of the Papal Office. He does not renounce the execution of his office nor his clothing, because he understands that when you renounce the cause or root of power, you have renounced all rights and duties which flow from it.  Thus he renounces the the position (locus) in which he was placed above all (this is the office), the Dignity, which exalted him above all (this is the superior quality which is inextricable from that), the burden (onus) which is the totality of duty not in its execution but in its imposition — this is one sense  of the munus — and the honor, that is the quality which demands from all other recognition.

Thus he has named all the essential parts of the Papal Office. And he renounces all of them.

That is how to renounce. And a canonized Saint has shown the way.

For anyone to claim therefore, that to say, “I declare to renounce the ministry which I received from the Cardinals”, is sufficient for a papal renunciation, makes a joke of the papacy and a very bad argument.

Church History

Modern “Marriages” and fake Papal Renunciations

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by Br. Alexis Bugnolo

One of the things I love about Our Lord Jesus Christ is how He crafts parables and uses comparisons to help us understand the things of Heaven.

That is what I find also so delightful in reading the Scholastics like Saint Thomas Aquinas and Saint Bonaventure, the use of analogy.

Following at a great distance behind all three, I want to help everyone understand how wrong it is to say that the act contained in the Declaratio of Pope Benedict XVI on Feb. 11, 2013 caused him to be separated from the Office of the Roman Pontiff on Feb. 28, 2013.

Modern “Marriages”

Back in the year 2000, I found myself invited to an engagement party. What I did not realize, until it began, that it was a modern marriage. I was not told the whole truth, because the one inviting me, who was a close friend of the couple, knew that if they told me the truth, I would not come.

It had all the ceremony of a wedding. There was the Bride and Groom in proper and elegant attire. There were the Bride’s maids and a great host of friends and family. There was a large banquet hall and a beautiful Wedding Cake. There was a minister of some sort, and then came the central act.

Both the woman and the man read out personal statements how they were giving up the single life and starting a life together. The man then proposed to the woman, and the woman accepted.

They they began celebrating as husband and wife.

At this point I asked those who invited me, what was going on. All the appearances were of a wedding, but the essence of the act was that of an engagement. The statements of the man and woman clearly indicated they were going to begin from that night onwards a life together. But there was no exchange of vows.

Once I realized the reality of what I was participating in, I left, as I wanted no part in it.

Fake Papal Renunciations

Imagine an analogous case of a Pope in the future who decides to organize a papal renunciation with all the pomp and ceremony which is due such a solemn occasion. He convenes the College of Cardinals, the Swiss Guard stand at attention, the cameras are turned on, and the whole world listens to the Pope read his statement. Then everyone expresses their sorry to see him go and they go off and celebrate a Mass for the end of his pontificate. And he flies off in a helicopter, dressed as a regular Bishop, to Fiumicino Airport and then returns home to his native land.

But, there is a problem, because in the statement the Pope does not say, I renounce that which he needs to renounce according to the Code of Canon Law.

What happened, therefore, is not a papal resignation. But it is understandable that all those who participated in the celebration might have a hard time realizing it, because, why, they were there, they partied and the pope left.

Canonical Acts

A canonical act, whether juridical or administrative, is an act expressed in words which have an objective meaning. Like marriage vows they have to have the correct signification, and for that reason certain words have to be used. If those words are lacking, the marriage vows will be invalid. Many annulments are granted on this grounds.

A papal renunciation is no different. A pope by renouncing separates the office he holds from himself. If what he says does not signify such a separation, then he has not renounced, howsoever much he or those around him celebrate or solemnize the occasion.

Celebrating a wedding is one thing, taking vows is another. Likewise, solemnizing a papal renunciation is one thing, actually renouncing is another.

February 2013

Nearly all of us were not paying attention to anything but the celebrations and the solemn ceremonies. The text of the Declaratio was in Latin and nearly no one was reading it. I did not read it, and I am a Latinist. We all assumed it meant that which was fittingly being celebrated. And it was in that, that nearly all of us were deceived.

This is the great historical fact we all need to confront.

Epistemology of a Historical Event

Epistemology is the philosophy about how we know what we know. In regards to a historical event, which is controversial, it is necessary that we strip away all knowledge we have about it, and go back to the actual documents, videos, TV reports and radio broadcasts, interviews and anything else which might record the event and events surrounding it, to understand the event objectively and not according to hearsay.

A lot of Catholics, however, simply took the word of a few persons and never examined the evidence. As such, they never really accepted what happened, because you cannot accept anything without true knowledge. Just as you cannot validly marry another person unless you know who they are and they are whom you know them to be.

We all  need to do this in regard to the events of Feb. 2013. I think a lot of ink is being spilled and a lot of arguments and insults are being hurled because everyone has not yet done their homework.

As someone who has a degree in Anthropology and has studied the principles of Archeology, I know that it is very dangerous to assume anything before you begin an excavation. You need to approach the evidence in a forensic professional manner, free from an preconceptions. Historical events need to be approached in this manner too.

I firmly believe that all who want to be faithful Catholics will receive the grace from the Holy Spirit to know the truth, if they seek the truth. Let them put aside any claim by anyone as to what that which happened means, and examine what actually happened and what the Code of Canon Law says should happen. That is they way forward.

Ignore, for the time of your investigation, how anyone reacts to those events. Because the reactions to events which are canonical have no power to alter their meaning, just as at a modern marriage, the celebrations surrounding an engagement do not make it a marriage, howsoever much they appear to be wedding celebrations.

_________

CREDITS: The Featured Image is a screen shot of a video taken by Vatican TV on Feb. 28, 2013, showing Pope Benedict XVI leave the Vatican on an Italian State Helicopter, dressed and escorted as a Head of State, the Roman Pontiff. The helicopter took him to Castle Gandolfo a papal estate. Those with eyes open saw the problem. On Feb. 28, Pope Benedict gave some speeches, but made no act of renunciation.

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