Tag Archives: Canon 41

News

Cardinal Burke doubts the validity of Benedict XVI’s Renunciation

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by Br. Alexis Bugnolo

FRENCH TRANSLATION FOLLOWS

Tuesday in the Novena of Pentecost, 2021 A. D. —  As the readers of FromRome.Info know, Cardinal Burke has expressed his doubts about the validity of the renunciation of Pope Benedict XVI during a visit to the Diocese of Phoenix, Arizona, USA, in 2016, according to the personal testimony of a monsignor of that Diocese, who heretofore has not wanted to come forward about the matter, but who spoke with a reader of FromRome.Info.

But now, I can confirm from my sources here at Rome, that Cardinal Burke does indeed doubt the validity of the renunciation and has done so from February, 2013!

In a matter so grave as the incomplete or dubious resignation of a Roman Pontiff, our duty as Catholics, who have received the gift of the Holy Ghost in the Sacrament of Confirmation, is that we do not conceal such doubts but speak openly of them. Indeed, it is a grave violation of the duty of a man of God, that in a matter which touches upon the salvation of billions of souls, that he be reticent or silent or conceive of a discretion that it be virtuous to do so.

This is particularly true because the very principles of right (ius) teach that one must not presume that the right of another has ceased: de iuris cessione non presumat! This principle is affirmed in Canon 21, which says, “In doubt the revocation of a preexisting law is not presumed” (In dubio revocatio legis praeexistentis non presumat). It is reinforced by Canon 124 §2, which says that juridical acts which are posited in a due manner according to the norms of law are to be presumed valid: wherefore, if there is a prima facie  discrepancy in the text of the act from the norm of the law, it is licit to presume that it is invalid.  This is confirmed again by the Code of 1983, in canons 40 and 41, which concede the right of a subject to doubt the validity of an administrative act which is, respectively, either nullus (which is not an administrative act), or contains some undue circumstance or detail. —  And this is a noteworthy and wide space for discretion. — Thus in the case of the man who is the Pope, in renouncing, if he objectively does not fulfill the terms of Canon 332 § 2, it can licitly and legitimately be doubted that he has renounced. — And this I speculate is the rationale in Burke’s position.

In fact, I can affirm that according to my sources, Cardinal Burke’s doubt is founded upon the fact that Joseph Ratzinger renounced the ministerium and not the munus of the Papal Office. — This makes him among the very first to do so, according to the historical record.

I can further affirm, that according to my sources, Cardinal Burke has spoke to many about his doubt no only in February 2013, but before and after the Conclave of 2013.

For this reason, I can with great probability surmise, now, that the reason the Vatican will not tolerate or enter into any discussion of the invalidity of the Renunciation is precisely because the Mafia of St. Gallen fears that such a discussion or investigation will find that Benedict XVI is the true pope and that the Conclave of 2013 is uncanonical by reason of the incomplete renunciation.

Therefore, out of my love for Christ and His Church, I now call upon all the members of the Sacred Hierarchy, upon all canonists and theologians, and upon all clergy, religious or laity, who know more of these matters to speak openly of what they know and stop with this vain and destructive pretension to discretion.

All the faithful have the grave solemn duty to remain in communion with the true pope, and submit to him, according to the magisterial teaching of Pope Boniface VIII in Unam Sanctam. Accordingly, each and every member of the Catholic Church HAS THE DIVINE RIGHT to know who the true pope is.  Silence or discretion which obstructs that right IS A HIGH CRIME AGAINST THE COMMUNION OF THE SAINTS!

Finally, I wish to publicly apologize to His Eminence, Cardinal Burke, for having publicly and privately spoken in criticism of him for his silence or unwillingness to recognize the invalidity of the renunciation. I was wrong to construe my lack of information about his position, as anything more than that.

For more about the precise canonical argument for the invalidity of the renunciation, see here.

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Here is the official French Translation of the above. Click to read.

Canon Law, Liturgy

The Canonical Duty of Every Priest to name Benedict in the Canon of the Mass

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Most priests do not know that they have a canonical right to stop naming Bergoglio in the Canon of the Mass. They think wrongly that to do so would either be outside of their authority or would involve an act of schism. That it is not schism nor a sin, is proven thus:

Here is the canonical argument

First, a validly elected Pope must be named in the Canon of the Mass as a sign of communion. This is by tradition and liturgical law.

Second: Pope Benedict XVI was validly elected Roman Pontiff on April 19, 2005 A. D., just three days after his 78th birthday.

This is a dogmatic fact, which cannot be denied.

No validly elected pope’s name must be omitted from the Canon of the Mass during his lifetime, or before he validly resigns.

Third: Pope Benedict XVI did not resign on Feb. 11, 2013, he merely retired from the active ministry, as he himself said on Feb. 28, 2013 in his final Allocution (see other evidence here). For extensive canonical information about this see ppbxvi.org.

Fourth: That Pope Benedict XVI did validly resign was the falsehood which emanated from the Desk of Cardinal Sodano. (See explanation here)

Now just as Cardinal Sodano should have acted, is how all priest should act. Namely,

In accord with Canon 40, Priests who are to say mass hold a munus which is merely executory, in regard to whom to name at Mass in the Canon as Pope. This is because they do not decide on their own authority who is the pope and who is not the pope. They follow the command of a superior. That superior is above all the Pope.

If a pope therefore does not renounce his office in accord with canon 332 §2, because he renounces his ministerium instead, that renunciation has no canonical effect, because there is no canon in the Church’s laws which regard the renunciation of ministries.

Therefore, in accord with canon 40 and 41 A PRIEST IS FORBIDDEN to alter the name of the Pope in the Canon of the Mass. He cannot act on the basis of the declaration of Non Solum Propter in the same illegal manner Cardinal Sodano did. To do so would be to collaborate in his grave crime, deceive the faithful and enter into de facto schism with Pope Benedict. (see that article for a greater explanation of the crime and moral offence)

Therefore, a priest must continue to name Benedict in the Canon of the Mass.

Therefore, a priest must cease and desist naming Francis as soon as he recognizes the validity of this canonical argument.

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(This argument is not that of the Editor of FromRome.Info, who has merely expanded it for a fuller explanation — There are already a great number of priests who do not name Francis, but name Benedict instead, some openly, some secretly, some by saying for the Holy Father, without a specific name. God bless and strengthen and multiply these priests!)

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CREDITS: The Featured Image is a photo taken by Br. Bugnolo of the Papal Altar at the Basilica of Saint Lawrence, here at Rome.

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Canon Law, Editorials, News

How Cardinal Sodano robbed the Papacy from Pope Benedict!

by Br. Alexis Bugnolo

As I have reported before, in February 2013 there was a de facto coup d’etat at the Vatican, the result of which was the imprisonment of Pope Benedict XVI, and the convocation of an illegal, illicit and invalid Conclave, which resulted in the illegal, illicit and invalid election of Jorge Mario Bergoglio.

Now, I invite the entire Church to examine more carefully what happened in the 58 minutes after the Consistory of February 11, 2013, which ended just before noon, Rome time, on that day.

According to Canon Law, it was the grave and solemn duty of the Dean of the College of Cardinals to approach Pope Benedict and ask for a written copy of his act of Renunciation.

Here are the relevant Canons of the Code of 1983 which regulate what should have been done:

Can. 40 — Exsecutor alicuius actus administrativi invalide suo munere fungitur, antequam litteras receperit earumque authenticitatem et integritatem recognoverit, nisi praevia earundem notitia ad ipsum auctoritate eundem actum edentis transmissa fuerit.

Can. 41 — Exsecutor actus administrativi cui committitur merum exsecutionis ministerium, exsecutionem huius actus denegare non potest, nisi manifesto appareat eundem actum esse nullum aut alia ex gravi causa sustineri non posse aut condiciones in ipso actu administrativo appositas non esse adimpletas; si tamen actus administrativi exsecutio adiunctorum personae aut loci ratione videatur inopportuna, exsecutor exsecutionem intermittat; quibus in casibus statim certiorem faciat auctoritatem quae actum edidit.

Needless to say, I have added some color to the letters of the text to make it clear that, in the very 2 Canons which Cardinal Sodano should have carefully read and acted upon, there is made by the Code itself the distinction between munus and ministerium. And yet for 6 years, and especially during the last 12 months, those who have sustained that the renunciation was valid, dared use the argument that there no distinction between the terms!

It seems so true, that it is almost a law, that whatever one investigates about the Pontificate of Bergoglio, one uncovers nothing but lies and frauds. This is clearly the greatest.

The Laws which governed what Cardinal Sodano should have done

Because in that key moment, before Sodano through Father Lombardi gave the Sig.ra Chirri the go ahead to publish to the world that Benedict had resigned, He will leave the Pontificate on Feb. 28 (B16 è dimesso. Lascia il Pontificato Feb 28), he HAD TO read these 2 canons, or at least recall them.

Let us therefore take a closer look at these 2 canons, which regard what is to be done when someone, with mere Executive authority, receives notice from someone, with the jurisdiction to posit an adminstrative act, that he is to take an action.

My English translation of the Canons:

Canon 40: The executor of any administrative act invalidly conducts his office (suo munero), before he receives the documents (letteras) and certifies (recognoverit) their integrity and authenticity, unless previous knowledge of them has been transmitted to him by the authority publishing the act itself.

Canon 41: The executor of an administrative act to whom there has been committed the mere ministry (ministerium) of execution, cannot refuse execution of the act, unless the same act appears to be null from (something) manifest [manifesto] or cannot be sustained for any grave cause or the conditions in the administrative act itself do not seem to be able to have been fulfilled: however, if the execution of the administrative act seems inopportune by reason of place or adjoined persons, let the executor omit the execution; in which cases let him immediately bring the matter to the attention of (certiorem faciat) the authority which published the act.

What Cardinal Sodano did

First, as Canon 40 states, Cardinal Sodano’s first duty was to ask Pope Benedict XVI for a written copy of the Act of Renunciation. This is because, as read out-loud, anyone fluent in Latin, as Cardinal Sodano is reputed to be, would have noticed multiple errors in the Latin, most grievous of which was the enunciation of commisum not commiso by the Holy Father. This touched upon the integrity of the act.

Second, in receiving the Act of Renunciation in the authentic Latin Text, and finding that it was as it was intended to be read, he was obliged to examine if the act was in conformity with Canon 332 §2, which reads:

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.

My translation:

Canon 332 §2. If it happen that the Roman Pontiff renounce his office (muneri suo), for validity there is required that the renunciation be done freely and duly manifested, but not that it be accepted by anyone whomsoever.

And thus, in this examination, the Cardinal had to confront the very Distinction between munus and ministerium that was founded in the Act of Renunciation, which contains the terms munus and ministerium, but renounces only the ministerium!

Clearly anyone reading Canon 40, would see that munus means office or charge! And in reading canon 41 that ministerium means execution of the duties of the office. Clearly he would as Dean of the Sacred College of Cardinals realize that it is one thing to have a munus to do something, quite another to put into motion his ministerium to execute it. — He was acting on the very basis of that distinction, because before he acted, he held the munus to act, and in acting he executed the ministerium to act!

For this reason, Cardinal Sodano must be questioned if not publicly accused of having closed his eyes! That is, of having ignored the distinction and his own grave duty and invalidly executed his office, by declaring the act a valid act of renunciation of the papal office!

This is especially true, because Canon 41 forbids (“let him omit the execution“) and Canon 40 invalidates the action of the executor to proceed to any action, not only because the core act of renunciation was invalid, as per canon 188 (for substantial error), to effect the loss of papal office, but also because, being invalid, the Cardinal Dean could NOT recognize that the command to call a conclave was opportune.

There are other anomalies in the Act of Renunciation which also should have caused the Cardinal to stop and refer to Pope Benedict, namely:

  1. The Act of Renunciation is not an act of renunciation, but the declaration of an act of renunciation. As such it lacks the formal quality of a canonical act per se, since it is one thing to announce, another to enact!
  2. The Act of Renunciation contains what appears to be a command to call a conclave. But this command is NOT a command, because it is a declaration not a command, and it is made in the First Person singular, which signifies the man who is the pope, inasmuch as he is the man, NOT the man who is the pope, inasmuch as he is the pope. But the man who is the pope, inasmuch as he is the man, whether he has renounced or not cannot call a Conclave, since he has no authority to do so!
  3. The Act of Renunciation contains no derogation of any terms of canon law which it violates as is required by canon 38.
  4. The errors in the Latin demonstrated clearly that the Holy Father had prepared the Act in secret without the counsel of canon lawyers and Latinists, and that therefore, it may lack formal interior consent or be based on other errors of fact or law or comprehension of Latin.

Thus, for Cardinal Sodano to proceed to act as if the renunciation were valid, violated the general principle of law, that the validity of the renunciation of power or right is NOT to be presumed.

This is a general principle of jurisprudence and is even found in Canon Law, in an applied form, in Canon 21:

Can. 21 — In dubio revocatio legis praeexistentis non praesumitur, sed leges posteriores ad priores trahendae sunt et his, quantum fieri potest, conciliandae.

Canon 21 — In doubt, the revocation of a pre-existing law is not presumed, but later laws are to be compared with prior ones, as much as can be done, be reconciled to them.

In a word, Cardinal Sodano by acting was claiming a munus to act (Canon 40) and using that authority to exercise a ministry (Canon 41) to deny that the Pope had a munus which had to be renounced (Canon 332 §2)!

Thus the Act of Renunciation appeared to be null from MANY manifest aspects of the terminology and grammatical structure. Canon 41 therefore required that he confer with the Pope to have them corrected! Canon 40 invalidated any action he took prior to recognizing the act as authentic and integral, that is, not canonically invalid, irritus or null. — And in Canon Law, as per canon 17, to recognize something as valid, does NOT mean insisting it is valid, when it is not! That is fraud.

By omitting the honest fulfillment of his duties, he acted with reckless disregard for his own office as Dean. He exploited the canonical defects in the Act to perpetrate a horrible crime of misrepresentation. This was tantamount to robbing the Roman Pontiff of his office by exploiting his authority, so as to declare valid what was invalid to produce a papal resignation!

Thus, according to the terms of Canon 40 and 41, Cardinal Sodano should have acted differently. The act of renunciation was of ministry, not of munus, and therefore was NOT an act of resignation. Therefore the declaration of a resignation, which had to have emanated from Cardinal Sodano’s desk, was a canonical lie and fraud! And since, ignorance of the law in those who should know the law is not presumed, Cardinal Sodano cannot be excused from an abuse of his office (munus).

What Cardinal Sodano should have done!

Upon receiving the document of Renunciation, and noticing that the renunciation of ministerium was not the act specified by Canon 332 §2, he should have spoken with Pope Benedict in the presence of 2 credible witnesses and brought this to his attention, as Canon 41 requires. Then he should have asked whether it was his intention to renounce the Petrine munus or simply to renounce the Petrine Ministerium. In the latter case, he should have (1) asked the Holy Father to issue a Motu Proprio naming someone to be his Vicar extraordinaire who would have the potestas executionis but not the office of the Pope, during the remainder of his life, OR, (2) in the case that he indicated that it was his intention to resign the papal office, he then should have asked him to sign a corrected copy of the act, containing the word muneri instead of ministerio and correcting all the other errors, whether of form, of Latin, or grammatical structure etc.. To have done anything less would be a grave sin of disrespect for the Office of the Successor of St. Peter, to which the Cardinal was bound by solemn vow to protect and defend.

Simple. Easy. Legal, Legit. By failing to do that, he convened an illicit, illegal and invalid Conclave, and made Bergoglio an Antipope, not the Pope!

(Photo Credits: CTV)

Canon Law, Editorials

Pope Benedict’s Renunciation is invalid for 6 Canonical Reasons

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by Br. Alexis Bugnolo

As Catholics begin the effort to make known to the clergy that they were defrauded of their loyalty to Christ’s Vicar on Feb. 28, 2013, it is important to have at hand a short summary of the canonical problems in Pope Benedict XVI’s declaration of Feb. 11, 2013, Non solum propter. (Official text here at Vatican website)

Here is such a short summary.

6 canonical errors in the Act of Renunciation

  1. In the Act, the Roman pontiff renounces “the ministry committed to him through the hands of the Cardinals” on the day he was elected. But Canon 332 §2, in the official Latin text of that canon, requires that the renunciation be of the petrine “munus”, that is the Papal Office (cf. canons 331, 333, 334, 749). Therefore, the act is NOT a renunciation of the papacy. Thus, in regard to Canon 332 §2, the act is an ACTUS NULLUS. And if it  be said or thought to be an act of renunciation of the papacy, then the assertion or estimation is false by reason of Canon 188, which declares IRRITUS any renunciations of office vitiated by substantial error, that is by an error which touches the substance of the act (which, in this case, is constituted by the essence of the act as an act of renunciation of the munus, not of the ministerium).*
  2. In the Act, the Roman Pontiff does not name the office by any proper canonical term, and thus the act is also an ACTUS INVALIDUS by reason of the requirement of Canon 332 §2, that the act be duly manifested (rite manifestetur), since that which is not named is not manifest.
  3. In the Act, the Roman Pontiff’s liberty regards that which he does, not that which he does not do, which, since he does not do it, whether he be free to do it or not, is not expressed. Therefore, the act is an ACTUS INVALIDUS by reason of the requirement of Canon 332 §2, that the act be freely executed (libere fiat).
  4. In making a declaration of renunciation, instead of renouncing, the act is also an ACTUS NULLUS, because canon law does not regard declarations to be canonical acts. They are merely announcements. (cf. Penal section on announcements regarding persons who have incurred latae sententiae excommunications ipso iure).
  5. In making what appears to be a renunciation of the papacy, without naming the papal office as required by Canon 332 §2, the man making the declaration, inasmuch as he is the man, who received the office and who is attempting to separate himself from the office, had need to obtain from the man who is the Pope, an express derogation of the terms of Canon 332 §2, in virtue of Canon 38, and since he did not, since no concession of derogation of that requirement is mentioned in the act, then by reason of Canon 38, the act, which is both contrary to the law of Canon 332 §2 and gravely injurious of the right of the faithful to know who is the true pope and when he has canonically resigned, is an ACTUS SINE EFFECTU, that is an act which lacks all effect.
  6. Finally, in renouncing “the ministry”, the Roman Pontiff posits a legal act which is not foreseen in the Code of Canon Law, since no canon therein speaks of a renunciation of ministry. Therefore, the act is an ACTUS NULLUS according to the norm of law. Therefore, in accord with Canon 41 no one with an office in the Church has any duty to recognize it.

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* I do not include substantial error as one of the canonical errors in the Act, because the act was never one of a renunciation of the papal office. The argument that substantial error vitiates the act, technically, has more to do with the mis-perceptions or false claims made about the canonical value of the act, than with the act itself. Speaking of substantial error is thus necessary when discussing it with someone who is operating under the false premise that the Pope renounced the papacy, but eventually one must talk about the reality of what the Pope actually said on that day, and distinguish that reality from the misperception which was published to all the world.

POST SCRIPT: Note that in the title of this post I use the word “invalid” in the common sense of an act which does not effect what one thinks it effects, but properly speaking the term should be “vitiated” or “erroneous”, because as you can see from the list of 6 canonical errors, 3 regard nullity, 2 regard invalidity, and 1 regards being without effect.

 

Canon Law, Editorials

A 7th Anniversary of shame!

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March 13, 2020

by Br. Alexis Bugnolo

Today is the seventh anniversary of a day that will live in infamy.

A day of wickedness and flippancy.

A day wherein the Cardinals of the Catholic Church showed their utter contempt for:

  1. Pope Benedict XVI
  2. The Catholic Faith in the Papacy
  3. The Canons of the Catholic Church
  4. The Papal Law on Conclaves
  5. Common sense

Let me explain why I say this, point by point, in reverse order.

The Cardinals betrayed common sense 7 years ago today

It is obvious by now, that if anyone on the planet ,who had common sense, sat down and talked to Bergoglio for 15 minutes, he would realize that he is not a fit candidate to be Roman Pontiff.

But the College of Cardinals had been housed together with him for two weeks prior to March 13, 2013.

Therefore, the last 7 years proves that God certainly did not approve of their judgement in selecting such a man. Indeed, it was an epic failure of the College of Cardinals, as I wrote, in 2015.

The Cardinals betrayed John Paul II’s law on Conclaves

The Cardinal Electors violated the papal law on conclaves, in several ways.

First of all, they violated the Law, Universi dominici gregis, as regards the requirement in n. 37, of that law, when they held a Conclave without verifying whether there was a legal sede vacante.

A legal sede vacante means that either the previous pope is dead, and they confirm that with a funeral, or the previous pope resigned according to the norm of Canon 332 §2.

I have it from no less than the Secretary of the Pontifical Council for Legal Texts, Mons. Arrieta, whose commentary on the Code of Canon Law I keep at by desk, that there never was any meeting of canon law experts to verify if the Declaratio of Pope Benedict, of Feb. 11, 2013 — commonly called Pope Benedict’s Renunciation — was in conformity with the norm of canon 332 §2.

Second, the Cardinals violated n. 81, of the same papal law, by entering into agreements and promises to vote for Bergoglio, as Cardinal Daneels of Beglium admitted in his Biography composed of interviews he gave. But the College has never acted on the self admission, which in Canon Law tradition is an indisputable act of self imputation of a canonical crime. I have covered this issue in an extensive Chronology of Events, which still remains the most authoritative collection of facts on the matter, on the net.

Thrid, the Cardinals rushed to elect Bergoglio by violating the same Papal Law on the number of ballots permitted on each day: four, as is specified in n. 63, of the same papal law, regarding limit on the number of ballots to be taken on the 2nd day of balloting and all subsequent days.  Because, as has been confirmed by several testimonies in the last 7 years, Bergoglio was elected on the 5th ballot. And this has never been denied.

Fourth, while there has been much controversy over whether the Cardinals could proceed to a fifth ballot in the case of a 4th balloting which contained 1 more vote paper than the number of Electors present, there remains 2 legal questions which have never been addressed about this:

  1. The Cardinals could not lawfully proceed to a 5th Ballot unless they paused the election and held a discussion on the interpretation of the papal law, using the right conceded to them in that same law, in n. 5, for this purpose. If they proceeded to a 5th ballot without such a discussion and vote, then even if they interpreted it as valid, that omission made their interpretation illicit, and hence the entire election invalid.
  2. Whether the Auditors of the Papal Conclave, as specified in n. 70 of the same papal law, held any meeting or discussion in accord with the norm, there specified, regarding the auditing of the final vote. Because in the case that there was no meeting in accord with n. 5 of the same papal law, in regard to whether to proceed to a 5th ballot when only 4 ballots were permitted, then likewise if the Auditors did not meet, the election was canonically invalid. And if they did meet, they had to declare in the case of the lack of a vote in accord with n. 5, that the election was invalid.

Since the multiple reports about a 5th balloting are all silent about what should have happened as regards nn. 1 and 2, here above, it can be rightfully doubted the election was valid. Because a doubtful pope is no pope.

The Cardinals Betrayed the Canons of the Catholic Church

Seven years ago today, the Cardinals consummated their betrayal of the Canons of the Catholic Church promulgated by Pope John Paul II, in 1983, in the text known as the Codex iuris canonicis, or the Code of Canon Law.

First, the Cardinals violated canon 40, which required them not to take any decision in regard to Pope Benedict XVI’s Declaratio of Feb. 11, 2013, until they had the Latin text in hand in its final corrected version. Since the Vatican Press office in the days following February 11 published at least 3 versions of the text, there is sound canonical evidence that Cardinal Sodano, through Father Lombardi, violated canon 40 in instructing Giovanna Chirri at 11:58 AM, on that morning, to announce to the world that Pope Benedict has announced his resignation from the Pontificate on Feb. 28.  Canon 40 declares invalid any act taken by a subordinate, before he has in hand the integral text of the act of his superior.

Second, the Cardinals violated canon 41, which required them to examine if the legal act contained in the Declaratio was an act specified by the Code of Canon Law and was in all its particulars a command to do something opportune.  But since in the entire Code of Canon Law there is no mention of an act of renunciation of ministerium, the act posited by Pope Benedict XVI was clearly an an actus nullus, and thus canon 41 required them not to act upon it. Also since a renunciation of ministerium does not effect the loss of the papal office, the fact that the Declaratio speaks of calling a Conclave is an inopportune detail or provision. Canon 41 requires that those with mere ministry of execution, in such a case, have recourse to the superior to correct these issues. Once again, according to Mons. Arrieta, nothing of the kind happened.

Third, the Cardinals violated canon 38, which required them not to interpret the Declaratio of Pope Benedict as being in conformity to Canon 332 §2, on the grounds that by naming the ministerium instead of the canonically required munus, the act would gravely injure the rights of the Faithful to know if the pope had validly resigned or not, would cause doubt and risk schism in the Church. For in such a case, Pope Benedict XVI would have had to granted a derogation of canon 332 §2 in his Declaratio, in conformity with canon 38, otherwise the act would have been irritus. He did not, so the act was irritus — a technical canonical term which means having not effect in law, void, on account of having not followed due procedure (ritus).

Fourth, the Cardinals violated canon 36 §1, which requires them to interpret strictly any papal act which violates the norm of any canon, let alone Canon 332 §2. To interpret strictly means that they had to read ministerium as exclusive of any signification of munus, and thus hold that the Declaratio was prima facie incapable of causing Pope Benedict to validly resign the papal munus, the papal office and the papal dignity.

Fifth, the Cardinals violated canons 126 and 188, which require that a juridical act of renunciation of office contain the proper or essential act specified in the law.  As is clear from the Code of Canon Law, which speaks of the Papal Office in canons 331, 332, 332, and 749, the proper term for the papal office is the petrine munus, not the petrine ministerium.  Hence, they were required in accord with canon 188 to judge the renunication irritus on the grounds of substantial error.

Sixth, the Cardinals violated canons 17 and 145 §1, which require respectively that the terms of all canons be understood in their proper sense, that ministerium and munus, when mentioned in any canon be understood thus, and to undertake a study of the entire Code of Canon Law and canonical tradition, in the case of the doubt as to whether ministerium can suppose for munus. They did no such thing in February of 2013, as Mons. Arrieta affirmed to me.

Seventh, the Cardinals violated canon 332 §2, which requires them to recognize a papal renunication only if the Pope renounces his munus, and does so freely and manifests this duly.  But since a good number of the Cardinal Electors were present in the Consistory of Feb. 11, 2013, they heard with their own ears that he made errors in Latin and that he said ministerium not munus, in the crucial core section of the Declaratio. They also heard him say munus twice before that. So they had indisputable canonical evidence that the Pope knew what he was doing, knew how to distinguish munus from ministerium, and did NOT intend to renounce his munus.

The Cardinals violated the Catholic Faith in the Papacy

Seven years ago, today, the College of Cardinals violated the Catholic Faith in the papacy. First, in the strict sense of the Faith, namely, that there can only be one pope. Because, it was clear already by March 3, 2013, that Pope Benedict XVI by his own decision was going to retain the papal dignity by using the title “Pope Emeritus”. There was at least one scholarly refutation of the validity of this published on March 3, 2013 by Father Gianfranco Ghirlanda, S. J., former rector of the Pontifical Gregorian University at Rome. So they could not be ignorant of the fact. The same canonical scholar that week affirmed that a heretical pope loses office immediately. So in choosing an obvious heretic as Pope they also violated the Catholic Faith.

The Cardinals showed their utter contempt for Pope Benedict XVI

Seven years ago, today, the Cardinals consummated their utter contempt for Pope Benedict XVI, in that they responded with glee at his renunciation, and not with consternation and respectful attempt to dissuade him from it.

As reported in the press, in February of 2013, only one Cardinal, Cardinal Pell went on record as saying that the resignation should not happen. He said this before Feb. 28, 2013. He was also the first Cardinal the Vatican allowed to be prosecuted after February of 2013. Hmm.

Respect and reverence for the Holy Father, especially when frail and aged, requires first of all that the Cardinals assist him in executing his will, not obstructing it nor allowing it to be executed in an invalid manner.

Yet it also requires, out of gratitude, that they attempt to convince a good man not to resign. If they omit that, they are basically saying he is not a good man or that they despise him.

And they showed their contempt, not only in sentiment, but by positive canonical ommissions, in seemingly in several ways, because in February of 2013 none of them were under a pontifical secret, yet in 7 years they never have confirmed — to my knowledge — in any interview that they did not do the following:

  1. They did not ask Pope Benedict to explain to them why he made his decision or what it meant, to make sure he was resigning freely.
  2. They did not ask Pope Benedict to correct the 40 errors in the Latin text which he read, before it was published, so as to prevent the shame of such a thing staining the last act of his papacy and the Apostolic See.
  3. They did not investigate or question Archbishop Gänswein and those around the pope as to the circumstance of the act to be certain that he was not manipulated or coerced.
  4. They did not ask one another what they knew about the matter. If so, they would have discovered that Pope Benedict did not seek the counsel of others (according to Archbishop Gänswein) or refused the counsel of his better advisers (according to Archbishop Gänswein and Cardinal Brandmuller). If they had done this, they would have been altered to the necessity to examine the act further.
  5. The consummated their disrespect through all these things and for not treating the Holy Father with that due respect for an aged man, in which one presumes frailty and therefore double checks everything to make sure it is done rightly.

Conclusion

For all these reasons, I think it can be said, objectively, that today marks the 7th anniversary of a day which will live in infamy in the history of the Church until the end of time and for all eternity. The Cardinals gravely failed in their duty as Cardinals and as Electors and as Bishops and Catholics. They failed also deliberately and by omission. Their failure also was canonically imputable, since the Code of Canon Law holds as presumptive, the responsibility of men with such high office to know the law and follow it.

Hence, it is objectively and canonically certain, that Bergoglio is not the pope. Because a man whose claim to the papacy is vitiated by so many canonical doubts, is not the pope, according to the ancient maxim of St. Robert Bellarmine, S. J.: a doubtful pope is not the pope.

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CREDITS: The Featured Image is a detail of the photograph by Tenan, which is used here in accord with the Creative Commons Atribution-Share Alike 3.0 unported license explained here.

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Canon Law, Liturgy

The Canonical Duty of Every Priest to name Benedict in the Canon of the Mass

1 Comment

 

Most priests do not know that they have a canonical right to stop naming Bergoglio in the Canon of the Mass. They think wrongly that to do so would either be outside of their authority or would involve an act of schism. That it is not schism nor a sin, is proven thus:

Here is the canonical argument

First, a validly elected Pope must be named in the Canon of the Mass as a sign of communion. This is by tradition and liturgical law.

Second: Pope Benedict XVI was validly elected Roman Pontiff on April 19, 2005 A. D., just three days after his 78th birthday.

This is a dogmatic fact, which cannot be denied.

No validly elected pope’s name must be omitted from the Canon of the Mass during his lifetime, or before he validly resigns.

Third: Pope Benedict XVI did not resign on Feb. 11, 2013, he merely retired from the active ministry, as he himself said on Feb. 28, 2013 in his final Allocution (see other evidence here). For extensive canonical information about this see ppbxvi.org.

Fourth: That Pope Benedict XVI did validly resign was the falsehood which emanated from the Desk of Cardinal Sodano. (See explanation here)

Now just as Cardinal Sodano should have acted, is how all priest should act. Namely,

In accord with Canon 40, Priests who are to say mass hold a munus which is merely executory, in regard to whom to name at Mass in the Canon as Pope. This is because they do not decide on their own authority who is the pope and who is not the pope. They follow the command of a superior. That superior is above all the Pope.

If a pope therefore does not renounce his office in accord with canon 332 §2, because he renounces his ministerium instead, that renunciation has no canonical effect, because there is no canon in the Church’s laws which regard the renunciation of ministries.

Therefore, in accord with canon 40 and 41 A PRIEST IS FORBIDDEN to alter the name of the Pope in the Canon of the Mass. He cannot act on the basis of the declaration of Non Solum Propter in the same illegal manner Cardinal Sodano did. To do so would be to collaborate in his grave crime, deceive the faithful and enter into de facto schism with Pope Benedict. (see that article for a greater explanation of the crime and moral offence)

Therefore, a priest must continue to name Benedict in the Canon of the Mass.

Therefore, a priest must cease and desist naming Francis as soon as he recognizes the validity of this canonical argument.

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(This argument is not that of the Editor of FromRome.Info, who has merely expanded it for a fuller explanation — There are already a great number of priests who do not name Francis, but name Benedict instead, some openly, some secretly, some by saying for the Holy Father, without a specific name. God bless and strengthen and multiply these priests!)

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CREDITS: The Featured Image is a photo taken by Br. Bugnolo of the Papal Altar at the Basilica of Saint Lawrence, here at Rome.

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Canon Law, News

Dialogue with a Cardinal, who refused dialogue

7 Comments

By Br. Alexis Bugnolo

Christian charity requires that we not refuse to speak with our superiors or inferiors. The Crisis in the Church now is so grave that we should all be seeking to speak with our superiors about it and about how to remedy it. One thing we must discuss is the canonically erroneous declaration of Feb. 11, 2013 by the man who is Pope Benedict XVI.  Erroneous, manifestly, because no one had the respect for his Office or person to point out that the act needed to be redone, IF it was his intention to posit an act in conformity with Canon 332 §2.

For this reason I have written more than 50 Cardinals, I think — I am not sure I have lost count — to raise the issue. And recently one of them had the Christian charity to respond to me in writing. I cannot divulge the actual text, for the sake of my respect for his person and office, but I can divulge my text in reply, because I think it addresses a problem we all are having when we speak with out superiors about Pope Benedict’s Declaratio.

The Cardinal wrote to me that we must presume that Pope Francis is validly elected and holds the petrine munus, and therefore, he told me that he did not want to speak with me in person about the Renunciation.

Here is my reply to this prince of the Church:

Your Eminence,

If you ask any Doctor of Law, you will see that the reason you give, namely, “We must assume Pope Francis is a validly elected pope, who actually represents the petrine munus”, is a statement which compounds several errors:

1. First, that a man is the pope is not a presumption of fact, but the conclusion of law. For example, he is not the pope, whom the Cardinals say is the pope, rather, he is the pope who was elected according to the norm of Universi Dominici Gregis. To say the first, that is, that he whom the Cardinals says is the pope, is the pope, confuses the means whereby we know a canonical fact with the cause of the legitimacy of a canonical fact. They are two different things.

2. Second, in all law, whether Roman, Napoleonic or Common, the cessation of power is never presumed. This is an ancient principle, the ignoring of which would cause chaos in society. The corollary is that the cessation of right is never presumed. Now a Papal renunciation is the first moment in a petrine succession. And a succession of legal right is judged as a cessation of power. As Mons. Arrieta, of the Pontifical Council for Legislative Texts, affirmed in my presence on Dec 11, 2019, such an act of renunciation must be clear in itself, it cannot be interpreted to be valid, because no one has the right to interpret it. This is because, interpretation of a law is the cause of its being understood other than what it is. And the Code of Canon Law does not grant that right, in papal renunciations, since they must be manifestly a renunciation of petrine munus.

3. Third, your affirmation that Pope Francis must be assumed to be validly elected, is the supposition of a conclusion as the first premise of your thought. In other words, you have taken what you should, in virtue of a series of illations based on facts and law, hold as a conclusion, and make it the first principle whereby your mind refuses to presuppose that from which it is illated. This is the logical error called petitio principii.

4. In truth, if you read Universi Dominici Gregis n. 37, Pope John Paul II required that a sede vacante be verified as a legal one. But Mons Arrieta assured me that no such verification was done in Feb. 2013. In fact, canon 40 invalidates everything done by a subject receiving an administrative act, before he verifies the integrity of the act itself. Yet the Vatican was publishing different versions of the Declaratio for many days, so an integral act was never had prior to the announcement minutes after the Consistory of Feb. 11, that the act meant a renunciation of the papacy. Indeed, as a Latinist who has published both a Grammar and translated over 9000 pages of Scholastic texts, I have found more thn 40 errors in the Latin text. There are moreover at least 6 canonical errors in the central act, which render it invalid, null or irritus. Furthermore, canon 41 gives each of us the duty to refuse an actus nullus and requires that we have recourse to the authority issuing the act. As Mons. Arrieta affirmed again to me, in the case of a papal resignation, if the act is null it must be redone, and if it is unclear the recourse to the superior must be to solicit another valid act, since he himself cannot make it valid by an interpretation. Thus, the mere fact that Pope Benedict said he renounced the ministerium, when Canon 332 §2 requries the renunciation of munus, means that the act is also irritus in virtue of canon 188, for substantial error, and irritus in virtue of canon 38 for not containing a derogation of the requirement to name the munus.

I can understand that as a Cardinal you would be disinclined to broach the issue of the legitimacy of the previous apparent Conclave, in which you never participated, but as Catholics we risk the penalty of eternal damnation, if we allow the Petrine Succession to falter for reasons so grave. Words have meaning, and if we reject that, then we will not find mercy before the terrible seat of Judgement of the Divine Word, who said of Pope John Paul II when he foresaw his Code of Canon Law in 1983: Whatsoever you bind on earth, shall be bound also in Heaven.

Finally, I have not demanded a meeting with Your Eminence, but I have pointed out the grave reasons why you should act, and at least do the due diligence required of you in Canon 41 and seek a private audience with Pope Benedict, before he loses his mental faculties. I assure you that he will tell you that it was never his intention to renounce the petrine munus, only to renounce the petrine ministerium and office. I say this based on a complete study of everything he said from Feb. 11, 2013 to today. And Antonio Socci agrees with me, as he said in his interview with Aldo Maria Valli just last week.

Sincerely in Saint Francis,

Br. Alexis Bugnolo

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CREDITS: The Featured Image is my own photo of a bas-relief in the Basilica of the Most Holy Savior, here at Rome, showing a Pope kneeling in adoration of the Most Blessed Sacrament, Truth Incarnate.

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Canon Law, Editorials

Pope Benedict’s Renunciation is invalid for 6 Canonical Reasons

4 Comments

by Br. Alexis Bugnolo

As Catholics begin the effort to make known to the clergy that they were defrauded of their loyalty to Christ’s Vicar on Feb. 28, 2013, it is important to have at hand a short summary of the canonical problems in Pope Benedict XVI’s declaration of Feb. 11, 2013, Non solum propter. (Official text here at Vatican website)

Here is such a short summary.

6 canonical errors in the Act of Renunciation

  1. In the Act, the Roman pontiff renounces “the ministry committed to him through the hands of the Cardinals” on the day he was elected. But canon 332 §2, in the official Latin text of that canon, requires that the renunciation be of the petrine “munus”, that is the Papal Office (cf. canons 331, 333, 334, 749). Therefore, the act is NOT a renunciation of the papacy. Thus, in regard to canon 332 §2, the act is an ACTUS NULLUS. And if it  be said or thought to be an act of renunciation of the papacy, then the assertion or estimation is false by reason of Canon 188, which declares IRRITUS any renunciations of office vitiated by substantial error, that is by an error which touches the substance of the act (which, in this case, is constituted by the essence of the act as an act of renunciation of the munus, not of the ministerium).*
  2. In the Act, the Roman Pontiff does not name the office by any proper canonical term, and thus the act is also an ACTUS INVALIDUS by reason of the requirement of canon 332 §2, that the act be duly manifested (rite manifestetur), since that which is not named is not manifest.
  3. In the Act, the Roman Pontiff’s liberty regards that which he does, not that which he does not do, which, since he does not do it, whether he be free to do it or not, is not expressed. Therefore, the act is an ACTUS INVALIDUS by reason of the requirement of canon 332 §2, that the act be freely executed (libere fiat).
  4. In making a declaration of renunciation, instead of renouncing, the act is also an ACTUS NULLUS, because canon law does not regard declarations to be canonical acts. They are merely announcements. (cf. Penal section on announcements regarding persons who have incurred latae sententiae excommunications ipso iure).
  5. In making what appears to be a renunciation of the papacy, without naming the papal office as required by Canon 332 §2, the man making the declaration, inasmuch as he is the man, who received the office and who is attempting to separate himself from the office, had need to obtain from the man who is the Pope, an express derogation of the terms of canon 332 §2, in virtue of canon 38, and since he did not, since no concession of derogation of that requirement is mentioned in the act, then by reason of canon 38, the act, which is both contrary to the law of Canon 332 §2 and gravely injurious of the right of the faithful to know who is the true pope and when he has canonically resigned, is an ACTUS SINE EFFECTU, that is an act which lacks all effect.
  6. Finally, in renouncing “the ministry”, the Roman Pontiff posits a legal act which is not foreseen in the Code of Canon Law, since no canon therein speaks of a renunciation of ministry. Therefore, the act is an ACTUS NULLUS according to the norm of law. Therefore, in accord with canon 41 no one with an office in the Church has any duty to recognize it.

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* I do not include substantial error as one of the canonical errors in the Act, because the act was never one of a renunciation of the papal office. The argument that substantial error vitiates the act, technically, has more to do with the mis-perceptions or false claims made about the canonical value of the act, than with the act itself. Speaking of substantial error is thus necessary when discussing it with someone who is operating under the false premise that the Pope renounced the papacy, but eventually one must talk about the reality of what the Pope actually said on that day, and distinguish that reality from the misperception which was published to all the world.

POST SCRIPT: Note that in the title of this post I use the word “invalid” in the common sense of an act which does not effect what one thinks it effects, but properly speaking the term should be “vitiated” or “erroneous”, because as you can see from the list of 6 canonical errors, 3 regard nullity, 2 regard invalidity, and 1 regards being without effect.

 

Canon Law, News

A Nonsensical Act: What the Latin of the Renunciation really says

10 Comments

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Let us read Non solum propter
according to the rules of Latin grammar

by Br. Alexis Bugnolo

In my previous article, Pope Benedict’s Forced Abdication, I spoke of the evidence which seems to indicate that Pope Benedict’s resignation was demanded and that the text of Renunciation was hurriedly prepared, which left it full of errors: at the end of which, I promised to examine the text and expose these errors. I did this yesterday in my article entitled, Clamourous Errors in the Latin of the Renunciation, wherein I detailed and identified more than 40 grammatical and canonical errors in the text.

Now, I will fulfill the promise I made yesterday to give an English translation of what the Latin really does say, rather than what most translators (including myself here) attempt to make it say, to make it intelligible. So, I warn my readers, what follows is a discourse, written by someone with scarce knowledge of Latin, and thus, that the English translation will appear to be a poor translation, when it is in fact an exact rendering of the sloppy and erroneous Latin.

Since I am a published translator, however, I will try to give the document the best possible English syntax within the rules of Latin grammar, without however altering the Latin signification.

The Translation

Not solely for the sake of three acts of canonization, have I convoked you towards this Consistory, but also to communicate on behalf of the life of the Church a thing of great importance: your being cut-off. Having scouted out my conscience again and again before God, I have arrived at certain cognition — my strengths by my worsening age are no longer apt — to administer the Munus petrinum equitably. I am well conscious that this Munus according to his spiritual essence ought to be pursued not only by doing and speaking, but no less by suffering and by praying. Yet, however, in the world of our season, subjected to hasty acts of change, and perturbed by questions of great value on behalf of the life of faith, a certain vigor of body and soul is necessary to steer the Barque of Saint Peter and the Gospel to announce, which (strength) in me in these furthest months is lessening in such a manner, that to well administer the ministry committed to me, I ought to acknowledge my incapacity. On which account, well conscious of the weight of this act I declare in 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, to vacate from the 28th of February, at 20:00 hours, Rome time, the See of Saint Peter, and that a Conclave to elect a new Supreme Pontiff be convoked by those who are competent.

Dearest Brothers: from my whole heart you I thank for all your physical love and the work, by which you bore with me the weight of my ministry and I ask pardon for all my failings. Moreover, now We completely trust the Holy Church of God to the care of the Most High Pastor, Our Lord Jesus Christ, and We implore His holy Mother, Mary, to assist with Her maternal goodness, the Cardinal fathers in electing a new supreme pontiff. As far as regards myself, may I also wish to serve with my whole heart in a future by a life dedicated to prayer for Holy Mother Church.

DISCUSSION

The Act is confused by switching between the first person singular and plural. It is signed with the name of the We, the Pope, but most of it is said by the I, who is Ratzinger. It contains the glaring errors which render the act canonically nullus (null), namely, it is a declaration of the man, Ratzinger, that he is going to renounce on Feb 28. But he never did renounce on that day.

It is also canonically, invalid, because it refers to a renunciation, never made, of the ministry received from the Cardinals. But what is that. That is canonically nothing, since a ministry flows from an office, or if it does not flow from an office, it is like being a lector or acolyte. Neither of which is the Papal Office.

It is also canonically, irritus, that is improperly manifested, because what on earth does it say and mean and why is the man who is the Pope saying that which has no effect in Canon Law?

It is also a nonsensical act of declaration by the man, Ratzinger, that a Conclave must be called. And that he is going to renounce to make the chair of Peter vacant or go on vacation (the Latin is ambiguous). Why add the consequences or intent of the act of renunciation, which is going to be made, but which was never made, UNLESS there is some doubt that the act you are making will cause the Chair of Peter to be vacant and necessitate a Conclave?

The Latin text obviously was NEVER shown to a Latinist who had the authority and opportunity to correct it. The Latin text was also obviously never shown to a canonist, who had the authority and opportunity to correct it.

I think it is safe to presume, therefore, that the text was never shown to anyone to be recognized according to the norm of Canon 40 nor acted upon according to the norm of Canon 41. For Canon 40 requires that all subordinates determine whether the written administrative act of their superior is authentic and complete. And this act is so rife with errors one can doubt a Pope wrote it, seeing that he has dozens of experts to help him write his acts. On that basis, one should have asked if he was handed this act and forced to sign and read it! Also, on account of Canon 41, since it is an actus nullus, one has no obligation to put it into effect, and if he does put it into effect he is guilty of the usurpation of power; likewise, by the same Canon, every subordinate is obliged to omit its execution until he confers with the superior who posited it regarding the inopportune commands contained in it, such as seeming to call for a Conclave when you have not yet renounced the Papal office.

Finally, if the act meant something, it meant that on Feb 28, 2013, the Pope was going to renounce the Petrine Ministry. Since the Pope never did that at that hour, it does not even effect a renunciation of ministry!

Thus, Pope Benedict XV remains the only true Pope with all his rights an privileges as before Feb 11, 2013. This act will go down in history as an embarrassment to the papacy. That the Cardinals pretend nothing was or is wrong with it, either means that they certainly are not competent to elect a Roman Pontiff, or that they were complicit in forcing his resignation. Both may explain the ‘what’ they have not been doing since Feb. 11, 2013.

Canon Law, Ecclesiology, News

La rinuncia di Papa Benedetto è valida, o è viziata da un errore sostanziale?

1 Comment

07-Ratzinger-ciao-OR

Se Papa Bendetto XVI mediante l’atto espresso nella sua dichiarazione, « Non solum propter », ha rinunciato o meno all’ufficio del Vescovo di Roma?

UNA QUESTIONE DISPUTATA

di Frà Alexis Bugnolo

Lo Stato Attuale della Questione

L’eminente teologo vaticano ed ex membro della Congregazione per la Fede, Monsignor Nicola Bux, ha pubblicamente affermato che la questione della validità delle dimissioni di Papa Benedetto XVI andrebbe studiata, e precisamente per ciò che sembra essere un errore sostanziale, contenuto nell formula di rinuncia usata da Papa Benedetto XVI l’ 11 Febbraio 2013.

Il Mons. Bux non è stato l’unico a sollevare questo problema. In effetti, i dubbi sulla validità dell’atto di dimissioni sono stati evidenziati immediatamente dopo la notizia. Flavien Blanchon, un giornalista francese che lavora a Roma, ne scriveva appena 2 giorni dopo, citando un eminente studioso latino che aveva notato la presenza di errori contenuti nel testo della rinuncia, osservando che la presenza di qualsiasi errore, secondo la tradizione canonica, fosse da considerarsi causa di mancata deliberazione, con conseguente nullità dell’atto.

Un anno dopo Antonio Socci ha posto apertamente la questione. Le dimissioni potrebbero non essere valide, per mancanza di voglia, cioè della volontà interiore della quale poteva disporre Benedetto. Nello stesso anno abbiamo il notevole studio di Padre Stefano Violi, Professore di diritto canonico presso l’Istituto teologico di Lugano, in Svizzera: ”La rinuncia di Papa Benedetto XVI tra storia , legge e consapevolezza” , 2014, un esame approfondito dell’argomento dal punto di vista del diritto canonico. Leggere questo contributo è obbligatorio per la ricca citazione tratta dalla storia canonica delle dimissioni papali e tuttavia, pur senza sollevare il problema dell’invalidità canonica dell’atto. Ma, questo studio di Padre Violi, nell’inquadrare la questione delle dimissioni sotto il profilo del ministero attivo, e non riguardo al munus, ha chiarito che la questione dell’Errore Sostanziale è un problema vero, presente nel testo, che riguarda dunque l’atto stesso.

Tuttavia 19 giugno 2016 Ann Barnhardt, dagli Stati Uniti, ha sollevato specificamente la questione del dubbio derivante dal canone 188 , che sottolinea come l’errore sostanziale, in qualsiasi caso, sia base idonea e sufficiente a sostanziare i motivi per una determinazione canonica nel senso dell’invalidità dell’atto. Intervento, questo, successivo ai notevoli commenti del segretario personale di Papa Benedetto, del 20 maggio, ove si affermava che Benedetto occupasse ancora l’ufficio papale. Ancora: Il blogger Sarmaticus, in Inghilterra, ha discusso la questione sollevata dalle parole di Ganswein il 5 agosto 2016, sottolineando il significato di ciò che l’arcivescovo aveva detto all’ Università Gregoriana, in un post intitolato: Il rasoio di Occam trovare : Benedetto ancora papa , Francisco è un papa falso , la Chiesa universale versa in un stato di necessità sin dal 24 aprile 2005.

Anche il Vescovo emerito del Corpus Domini, in Texas, negli Stati Uniti, ed ex membro dell’Opus Dei, Monsignore René Enri Gracida ha sollevato lo stesso dubbio, ed anche altri, sulla validità delle dimissioni. Sono a conoscenza che il Vescovo abbia scritto a molti membri della Sacra Gerarchia e della Curia su queste questioni per sollecitare l’azione da intraprendere. (cf. abyssum.org : Suggerisci una dichiarazione pubblica di 12 cardinali prima di Bergoglio).

Secondo quanto riferito da Ann Barnhart, l’anno successivo, anche l’avvocato Chris Ferrara e la signora Anne Kreitzer nutrivano lo stesso dubbio. Lo storico Richard Cowden Guido ha detto la stessa cosa l’11 maggio 2017. Il famoso scrittore italiano Antonio Socci , ha citato attentamente il Violi il 31 maggio 2017, ed anche lui ha condiviso e sostenuto la stessa tesi. 11 agosto 2017, in Sud America: lo spettacolo televisivo cattolico Café con Galat in un’edizione in lingua inglese ha discusso i motivi per i quali Papa Benedetto XVI rimane il vero papa. E’ stata sottolineata tanto la mancanza di libertà nell’atto quanto la questione relativa alla mancanza di conformità ex Canone 332 §2 in combinato disposto con Canone 188.

Un po’ prima del marzo 2018 padre Paul Kramer negli Stati Uniti ha ugualmente sostenuto la nullità delle dimissioni ex canone 188, per mancanza di conformità ex al canone 332 §2 , ove viene detto ministerium invece di munus. Ancora: nel Maggio dell’anno scorso al più tardi, il Padre Juan Juárez Falcón in Spagna ha presentato la motivazione canonica dell’invalidità delle dimissioni sulla base dell’errore stanziale, in un articolo intitolato ” Due motivi gravi “. In coincidenza temporale anche Il Dr. José Alberto Villasana Munguía ha svolto le stesse considerazioni il 27 giugno, dal Messico.

Ed infine abbiamo Papa Benedetto XVI che ci offre un indici offre un indizio di interpretazione autentica, anzi zio di interpretazione autentica, anzi qualcosa di più, nelle sue lettere private al cardinale tedesco Brandmüller, pubblicate nell’estate del qualcosa di più, nelle sue lettere private al cardinale tedesco Brandmüller, pubblicate nell’estate del 2018, ove chiede 2018, ove chiede apertamenteapertamente suggerimenti riguardo alla maniera migliore di dimettersi, nel caso suggerimenti riguardo alla maniera migliore di dimettersi, nel caso ciò non fosse giciò non fosse già avvenuto nella maniera corretta.à avvenuto nella maniera corretta.

Dunque sono tanti i cattolici di spicco a sostenere questo dubbio, e poiché il teologo Nicola Bux ha richiesto un’indagine su questo argomento, aggiungerò qui in forma scolastica qualche ragione in favore della nullità, in corso dei quali rifiuterò tutti gli argomenti sostanziali contrari ad esso.

Tutti gli argomenti pro e contro devono intedersi nel constesto di canoni,

124 §1, che legge: “Per la validità di un atto giuridio si richiede che sia postao da una persona abilpersona abile, e che in esso ci sia ciò che costituisce essenzialmente l’atto stesso, come pure le formalità e i requisiti imposti dal diritto per la validità dell’atto.

188,  che legge: La rinuncia fatta per timore grave, ingiustamente indotto, per dolo o per errore errore sostanziale, oppure con simonia, è irritus per il diritto stesso.

332 §2, che legge: Se capita che il Romano Pontefici rincunci al suo munus si richiede per la validità che la rinuncia sia fatta liberamente e che venga debitamente manifestata e al contrario non si richiede che qualcuno la accetti.

È importante anche notare, per le persone di madre lingua tedesca che il Codice di Diritto fornisce una traduzione erronea per munus, come Dienst, in canone 145 §1, dove se la parola latina venisse tradotta si dovrebbe renderla come Verantwortung che è la traduzione del sinonimo giusto per munus in latino, come in latino, come onus (onere).

Per il resto, scaricare il documento intero in PDF.

————–

(See the English original for the footnotes)

Canon Law, Liturgy

The Canonical Right of Every Priest to stop naming Francis in the Canon of the Mass

23 Comments

Most priests do not know that they have a canonical right to stop naming Bergoglio in the Canon of the Mass. They think wrongly that to do so would either be outside of their authority or would involve an act of schism. That it is not schism nor a sin, is proven thus:

Here is the canonical argument

First, a validly elected Pope must be named in the Canon of the Mass as a sign of communion. This is by tradition and liturgical law.

Second: Pope Benedict XVI was validly elected Roman Pontiff on April 19, 2005 A. D., just three days after his 78th birthday.

This is a dogmatic fact, which cannot be denied.

No validly elected pope’s name must be omitted from the Canon of the Mass during his lifetime, or before he validly resigns.

Third: Pope Benedict XVI did not resign on Feb. 11, 2013, he merely retired from the active ministry, as he himself said on Feb. 28, 2013 in his final Allocution (see other evidence here). For extensive canonical information about this see ppbxvi.org.

Fourth: That Pope Benedict XVI did validly resign was the falsehood which emanated from the Desk of Cardinal Sodano. (See explanation here)

Now just as Cardinal Sodano should have acted, is how all priest should act. Namely,

In accord with Canon 40, Priests who are to say mass hold a munus which is merely executory, in regard to whom to name at Mass in the Canon as Pope. This is because they do not decide on their own authority who is the pope and who is not the pope. They follow the command of a superior. That superior is above all the Pope.

If a pope therefore does not renounce his office in accord with canon 332 §2, because he renounces his ministerium instead, that renunciation has no canonical effect, because there is no canon in the Church’s laws which regard the renunciation of ministries.

Therefore, in accord with canon 40 and 41 A PRIEST IS FORBIDDEN to alter the name of the Pope in the Canon of the Mass. He cannot act on the basis of the declaration of Non Solum Propter in the same illegal manner Cardinal Sodano did. To do so would be to collaborate in his grave crime, deceive the faithful and enter into de facto schism with Pope Benedict. (see that article for a greater explanation of the crime and moral offence)

Therefore, a priest must continue to name Benedict in the Canon of the Mass.

Therefore, a priest must cease and desist naming Francis as soon as he recognizes the validity of this canonical argument.

(This argument is not that of the Editor of this Blog, who has merely expanded it for a fuller explanation — There are already a great number of priests who do not name Francis, but name Benedict instead, some openly, some secretly, some by saying for the Holy Father, without a specific name. God bless and strengthen and multiply these priests!)

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NOTE BENE: There is a lot of misinformation out there, from Vatican News, which falsifies things attributed to Pope Benedict. Here is one glaring case from last June, WHEN Vatican News claimed that Pope Benedict said, “There is only one Pope, and he is Francis”, which never actually happened. Click the links in the Twitter Card, below, for more on this.

https://twitter.com/VeriCatholici/status/1184188945233534976

 

 

Canon Law, Editorials, News

How Cardinal Sodano robbed the Papacy from Pope Benedict!

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by Br. Alexis Bugnolo

As I have reported before, in February 2013 there was a de facto coup d’etat at the Vatican, the result of which was the imprisonment of Pope Benedict XVI, and the convocation of an illegal, illicit and invalid Conclave, which resulted in the illegal, illicit and invalid election of Jorge Mario Bergoglio.

Now, I invite the entire Church to examine more carefully what happened in the 58 minutes after the Consistory of February 11, 2013, which ended just before noon, Rome time, on that day.

According to Canon Law, it was the grave and solemn duty of the Dean of the College of Cardinals to approach Pope Benedict and ask for a written copy of his act of Renunciation.

Here are the relevant Canons of the Code of 1983 which regulate what should have been done:

Can. 40 — Exsecutor alicuius actus administrativi invalide suo munere fungitur, antequam litteras receperit earumque authenticitatem et integritatem recognoverit, nisi praevia earundem notitia ad ipsum auctoritate eundem actum edentis transmissa fuerit.

Can. 41 — Exsecutor actus administrativi cui committitur merum exsecutionis ministerium, exsecutionem huius actus denegare non potest, nisi manifesto appareat eundem actum esse nullum aut alia ex gravi causa sustineri non posse aut condiciones in ipso actu administrativo appositas non esse adimpletas; si tamen actus administrativi exsecutio adiunctorum personae aut loci ratione videatur inopportuna, exsecutor exsecutionem intermittat; quibus in casibus statim certiorem faciat auctoritatem quae actum edidit.

Needless to say, I have added some color to the letters of the text to make it clear that, in the very 2 Canons which Cardinal Sodano should have carefully read and acted upon, there is made by the Code itself the distinction between munus and ministerium. And yet for 6 years, and especially during the last 12 months, those who have sustained that the renunciation was valid, dared use the argument that there no distinction between the terms!

It seems so true, that it is almost a law, that whatever one investigates about the Pontificate of Bergoglio, one uncovers nothing but lies and frauds. This is clearly the greatest.

The Laws which governed what Cardinal Sodano should have done

Because in that key moment, before Sodano through Father Lombardi gave the Sig.ra Chirri the go ahead to publish to the world that Benedict had resigned, He will leave the Pontificate on Feb. 28 (B16 è dimesso. Lascia il Pontificato Feb 28), he HAD TO read these 2 canons, or at least recall them.

Let us therefore take a closer look at these 2 canons, which regard what is to be done when someone, with mere Executive authority, receives notice from someone, with the jurisdiction to posit an adminstrative act, that he is to take an action.

My English translation of the Canons:

Canon 40: The executor of any administrative act invalidly conducts his office (suo munero), before he receives the documents (letteras) and certifies (recognoverit) their integrity and authenticity, unless previous knowledge of them has been transmitted to him by the authority publishing the act itself.

Canon 41: The executor of an administrative act to whom there has been committed the mere ministry (ministerium) of execution, cannot refuse execution of the act, unless the same act appears to be null from (something) manifest [manifesto] or cannot be sustained for any grave cause or the conditions in the administrative act itself do not seem to be able to have been fulfilled: however, if the execution of the administrative act seems inopportune by reason of place or adjoined persons, let the executor omit the execution; in which cases let him immediately bring the matter to the attention of (certiorem faciat) the authority which published the act.

What Cardinal Sodano did

First, as Canon 40 states, Cardinal Sodano’s first duty was to ask Pope Benedict XVI for a written copy of the Act of Renunciation. This is because, as read out-loud, anyone fluent in Latin, as Cardinal Sodano is reputed to be, would have noticed multiple errors in the Latin, most grievous of which was the enunciation of commisum not commiso by the Holy Father. This touched upon the integrity of the act.

Second, in receiving the Act of Renunciation in the authentic Latin Text, and finding that it was as it was intended to be read, he was obliged to examine if the act was in conformity with Canon 332 §2, which reads:

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.

My translation:

Canon 332 §2. If it happen that the Roman Pontiff renounce his office (muneri suo), for validity there is required that the renunciation be done freely and duly manifested, but not that it be accepted by anyone whomsoever.

And thus, in this examination, the Cardinal had to confront the very Distinction between munus and ministerium that was founded in the Act of Renunciation, which contains the terms munus and ministerium, but renounces only the ministerium!

Clearly anyone reading Canon 40, would see that munus means office or charge! And in reading canon 41 that ministerium means execution of the duties of the office. Clearly he would as Dean of the Sacred College of Cardinals realize that it is one thing to have a munus to do something, quite another to put into motion his ministerium to execute it. — He was acting on the very basis of that distinction, because before he acted, he held the munus to act, and in acting he executed the ministerium to act!

For this reason, Cardinal Sodano must be questioned if not publicly accused of having closed his eyes! That is, of having ignored the distinction and his own grave duty and invalidly executed his office, by declaring the act a valid act of renunciation of the papal office!

This is especially true, because Canon 41 forbids (“let him omit the execution“) and Canon 40 invalidates the action of the executor to proceed to any action, not only because the core act of renunciation was invalid, as per canon 188 (for substantial error), to effect the loss of papal office, but also because, being invalid, the Cardinal Dean could NOT recognize that the command to call a conclave was opportune.

There are other anomalies in the Act of Renunciation which also should have caused the Cardinal to stop and refer to Pope Benedict, namely:

  1. The Act of Renunciation is not an act of renunciation, but the declaration of an act of renunciation. As such it lacks the formal quality of a canonical act per se, since it is one thing to announce, another to enact!
  2. The Act of Renunciation contains what appears to be a command to call a conclave. But this command is NOT a command, because it is a declaration not a command, and it is made in the First Person singular, which signifies the man who is the pope, inasmuch as he is the man, NOT the man who is the pope, inasmuch as he is the pope. But the man who is the pope, inasmuch as he is the man, whether he has renounced or not cannot call a Conclave, since he has no authority to do so!
  3. The Act of Renunciation contains no derogation of any terms of canon law which it violates as is required by canon 38.
  4. The errors in the Latin demonstrated clearly that the Holy Father had prepared the Act in secret without the counsel of canon lawyers and Latinists, and that therefore, it may lack formal interior consent or be based on other errors of fact or law or comprehension of Latin.

Thus, for Cardinal Sodano to proceed to act as if the renunciation were valid, violated the general principle of law, that the validity of the renunciation of power or right is NOT to be presumed.

This is a general principle of jurisprudence and is even found in Canon Law, in an applied form, in Canon 21:

Can. 21 — In dubio revocatio legis praeexistentis non praesumitur, sed leges posteriores ad priores trahendae sunt et his, quantum fieri potest, conciliandae.

Canon 21 — In doubt, the revocation of a pre-existing law is not presumed, but later laws are to be compared with prior ones, as much as can be done, be reconciled to them.

In a word, Cardinal Sodano by acting was claiming a munus to act (Canon 40) and using that authority to exercise a ministry (Canon 41) to deny that the Pope had a munus which had to be renounced (Canon 332 §2)!

Thus the Act of Renunciation appeared to be null from MANY manifest aspects of the terminology and grammatical structure. Canon 41 therefore required that he confer with the Pope to have them corrected! Canon 40 invalidated any action he took prior to recognizing the act as authentic and integral, that is, not canonically invalid, irritus or null. — And in Canon Law, as per canon 17, to recognize something as valid, does NOT mean insisting it is valid, when it is not! That is fraud.

By omitting the honest fulfillment of his duties, he acted with reckless disregard for his own office as Dean. He exploited the canonical defects in the Act to perpetrate a horrible crime of misrepresentation. This was tantamount to robbing the Roman Pontiff of his office by exploiting his authority, so as to declare valid what was invalid to produce a papal resignation!

Thus, according to the terms of Canon 40 and 41, Cardinal Sodano should have acted differently. The act of renunciation was of ministry, not of munus, and therefore was NOT an act of resignation. Therefore the declaration of a resignation, which had to have emanated from Cardinal Sodano’s desk, was a canonical lie and fraud! And since, ignorance of the law in those who should know the law is not presumed, Cardinal Sodano cannot be excused from an abuse of his office (munus).

What Cardinal Sodano should have done!

Upon receiving the document of Renunciation, and noticing that the renunciation of ministerium was not the act specified by Canon 332 §2, he should have spoken with Pope Benedict in the presence of 2 credible witnesses and brought this to his attention, as Canon 41 requires. Then he should have asked whether it was his intention to renounce the Petrine munus or simply to renounce the Petrine Ministerium. In the latter case, he should have (1) asked the Holy Father to issue a Motu Proprio naming someone to be his Vicar extraordinaire who would have the potestas executionis but not the office of the Pope, during the remainder of his life, OR, (2) in the case that he indicated that it was his intention to resign the papal office, he then should have asked him to sign a corrected copy of the act, containing the word muneri instead of ministerio and correcting all the other errors, whether of form, of Latin, or grammatical structure etc.. To have done anything less would be a grave sin of disrespect for the Office of the Successor of St. Peter, to which the Cardinal was bound by solemn vow to protect and defend.

Simple. Easy. Legal, Legit. By failing to do that, he convened an illicit, illegal and invalid Conclave, and made Bergoglio an Antipope, not the Pope!

(Photo Credits: CTV)