by Br. Alexis Bugnolo
The knives are all out at Rome for Pope Benedict XVI.
And some of them reach far across the Atlantic.
The so-called trad movement, which loved Benedict XVI for giving them the Latin Mass, but promptly forgot Benedict in the Canon of the Latin Mass at the end of February 2013, because they could not read Latin well enough to understand what he did on February 11, 2013, has in more recent years beaten the drums for Pope Benedict XVI’s execution by guillotine.
That is, they are counting the days to his death.
They think that his disappearance will prove their cause, by some sort of twisted logic. They have become some of the most ardent zealots of the Bergoglio is certainly the pope clan.
The latest of these is a piece of bluster and puff from Dr. Roberto De Mattei here at Rome. I know that I should not give it the time of space, after his journal, the Corrispondenza Romana published a most shameful attack on Don Minutella last month, but as a devoted son of Our Lady Hammer of Heretics, I take delight in smashing errors and sophistic argumentation.
Dr. De Mattei’s essay was republished in English by Rorate Caeli, which often reprints in English articles which it considers important for distribution to Traditionalists, even if New Catholic, its founder, was a protestant political activist for a socialist in Canada and launched Rorate Caeli to forge a narrative among traditionalists for who knows what end.
Dr. De Mattei’s essay, in English, is entitled, The Unknowns at the End of a Pontificate.
I would characterize the article as poorly written, and from the pen of a man who is clearly troubled. His underhanded attack via Corrispondenza Romana on the character of Don Minutella sparked a fiery response by the Sicilian priest, who then went on the war path with the arms of truth, speaking in recent weeks repeatedly and at great length about the evidence and laws regarding a papal renunciation and how and why Pope Benedict XVI is still the pope. I am honored to have been interviewed for more than 2 hours by Don Minutella in this campaign. Our challenge to the intellectuals of Italy, in Italian, has evoked no direct rebuttal on the merits — because that is a field of battle upon which they know they cannot win. But there have been indirect responses.
I covered the more public ones in my article of this morning, here.
Now, De Mattei’s deserve a response. His key argument, after pretending that the terms by which the Renunciation was never valid arose after the Renunciation, not in it, is this:
Furthermore, if Pope Benedict is the legitimate Pope, what would happen if from one day to the next he should die, or instead, before he died, Pope Francis should pass away? Given the fact that many current cardinals were created by Pope Francis and none of the cardinal electors consider him an Anti-Pope, the apostolic succession would be interrupted, jeopardizing the visibility of the Church. The paradox is that to prove the invalidity of Benedict’s renunciation juridical sophisms are employed, but then to resolve the problem of Benedict’s or Francis’s succession, extra-canonical solutions ought to be used.
I would say the battle is nearly won, when De Mattei dares to write in public, if Pope Benedict is the legitimate Pope, what would happen…. because such a manner of argumentation presupposes a deep sense of desperation on the part of the one who employs it, even if it errs in casting the case in the terms of legitimacy, not canonicity or legality, or lawfulness.
His argument is a non-sequitur. Because regardless of who dies before whom, that fact alone does not cause the interruption of the Apostolic Succession. There have been dozens of antipopes in the past, and their death before or after the true Pope has never caused the true Pope to be without canonical or legal successors.
And here is a point that needs to be reviewed, though a historical of the caliber of De Mattei has no excuse in ignoring it: namely, that in times past the Apostolic Succession was at times conducted by Apostolic Right, by sacred canons, and by Papal laws. But Dr. Mattei I think is reluctant to open up this discussion, because in such a case it becomes difficult to sustain, as his faction does, why they think that the Apostolic Succession can happen through the collective consensus of the Cardinals against the norms of both canon law and Papal Law and Apostolic Right.
In ancient times, before there were any sacred canons or papal laws, the Church of Rome elected Her own Bishop by common consensus. All the Faithful of the Church who wanted to participate could participate. The election being the right of both laity and clergy and religious. The only criteria were that the elector be a Catholic in good standing, in communion with the previous pope and a resident of the Diocese of Rome — which, however, it must be admitted, had different sizes throughout the history of its existence, even though it was roughly approximate to be that of the Metropolitan area of the Eternal City. And since these criteria of communion, orthodoxy and residency are objective and verifiable criteria, in all ages, the Apostle Peter did well to leave the succession in the Petrine Munus under such a regime.
But in subsequent centuries, after the occasions of numerous civil strives between powerful families at Rome, Pope Nicholas II, on April 13, 1059, with the bull, In Nomine Domini, promulgated a papal law for the election of the Roman Pontiff, the substance of which was recapitulated in every subsequent papal law. I published the Latin text with an English translation on January 18th of this year.
Hence forth, the election of the Roman Pontiff is governed under a species of Apostolic Right, which now is manifested in a process which is not governed by the laws of tradition and universal suffrage, but of an election by Bishops chosen by the Popes with the consent of the better part of the clergy. But even under this Papal Law it was never had that these Bishops or clergy could be those who adhered to an antipope.
So while this legal tradition grew and is now enshrined in the Papal Law of Pope John Paul II, Universi Dominici Gregis, this law regards only the election of a true pope by Cardinals appointed by true popes, who are in communion with the previous occupant of the Holy See. Thus, those like De Mattei who attempt to convince that the party of Pope Benedict are pharisaically scrupulous on Canon Law in the Renunciation, but will be required to dump Canon Law all together in the election of his successor — if it should happen to be that the Cardinals do not return to him before or after his death — is simply proposing a preposterous straw man, unworthy of his own intellectual abilities and duty, as a Catholic, to uphold and seek the truth.
Thus, if the Holy Father should die before Cardinals are reconciled to him, or if 20 days should pass after his death without any Cardinal Electors declaring he was the true pope unto the very day of his death, then the Papal Law on Conclaves no longer remains in force, because it regards the circumstances of a papal election when there are Cardinal Electors. In such a case, the Apostolic Right of the Roman Church returns, and the principal of universal suffrage revives. This is not only the only sane response to the objection, it is the canonical, legal, legitimate and lawful course of action.
And those who say otherwise are anomians, that is, they respect no law. Neither that which regards when and how to discern that a Pope has validly resigned, nor those which regard when and how to discern that a Pope has been validly elected.
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Lou,
You got the legal presumption wrong.
A renunciation is presumed invalid unless it clearly renounces that which it is supposed to renounce.
Just like a last testament is invalid, unless it clearly says it is leaving something to someone.
For those who know Bellarmine, a doubtful pope is not a pope, it is the application of the same legal concept of interpretation to the opposite circumstances.
All this has to do with the concept of Cessation of power. In law, the cessation of power is not presumed. Thus, the cessation of right is not presumed. Contrariwise, in the election of a man to the papacy, we have the right and the Church is bound by law, not to regard it valid unless it meets all the necessary requirements of validity and or legitimacy.
Thus, a doubtfully resigned pope is still pope.
So, since I have corrected an Italian American in the USA, I guess there is no harm correcting an Italian at Rome, who spent years in Brazil.
So Dr. De Mattei, if I can be so bold — and I will be — though it is contrary to what a Franciscan should so in normal circumstances — but now is not normal. Since the Rule of Saint Francis obliges us to hold fast to Roman Pontiffs canonically elected, I would point out to you by a personal note, that THE INVALIDITY OF THE RENUNCIATION MADE BY POPE BENEDICT
DOES
NOT
NEED
TO
BE
PROVEN!
It does not need to be proven, because according to ius testimentarie, that is the genus of right which regards testaments, THE INVALIDLY IS PRESUMED unless it is proven otherwise by a clear and certain statement!
For the Record, Mr. Verrecchio holds that the Renunciation is invalid, as a conclusion. Dr. de Mattei holds that it is valid as a presumption. Each is a different error, and Verrecchio is a better thinker, in my judgement. But until everyone gets the legal principle right, the problem wont be solved.
As I replied again to Louie, in the same post,
Dear Mr. Verrechio,
I did read your comment, you said that you conclude that the resignation is invalid until proven otherwise.
I said, the legal presumption is that a resignation is invalid until proven otherwise.
The point seems to be a fine one, but it is not. A presumption of law is a principle, not a conclusion. It does not exist under certain circumstances and in certain minds or as derived from certain beliefs or not. It exists a priori to all of these on account of the very nature of the legal act.
You do not have to prove it (the invalidity). You do have to accept it (the legal principle), to be a sane rational person…
I could have more easily commented on Dr. de Mattei’s piece by simply saying:
THE INVALIDITY OF THE RESIGNATION HAS BEEN PROVEN!
13 MONTHS AGO!
If you would only read sources which are found outside of the clique of approved outlets you read! >>
VERICATHOLICI.WORDPRESS.COM
And you do not need to take me at my word. Ask any attorney-at-law who practices Estate Law or simply peruse my notes from my meetings with 2 top Canon Lawyers at Rome:
_________
* Just a short note on what happens to a pope who validly resigns. If he was a Cardinal beforehand, he returns to being a Cardinal. This is shown by the statement drawn up by Pope Pius XII in the case of an invasion of the Vatican by Axis forces during World War II. In the case of Pope Celestine V, he returned to being a hermit, because that is what he was before he was the Pope, though he remained a bishop, having been consecrated such after his election (Not all popes were consecrated Bishops). Unless of course, before one resigns, he makes other dispositions, as certainly is within his power to do so. Thus, Pope Benedict, if he really wanted ever to resign validly, could have first established the canonical status he would adopt after resignation, declare his resignation would take place on a certain date, resign on that date, and then assume that status which as Pope he had granted himself as the man who would be soon NOT the pope.
THIS ARTICLE has been published simultaneously in Italian at ChiesaRomna.Info
CREDITS: The featured image is by the author of this article.
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