Tag Archives: Mons. Arrieta

Answering questions from Ryan Grant

by Br. Alexis Bugnolo

I appreciate a good debate, because I want everyone to know the truth and that requires exposing falsehood and bad arguments. Many know this, and so often the Catholic faithful who accept the teaching of the Church write to me and ask what I think about arguments used by others to support the Apostasy which is ongoing in the Church.

One such argumentor is Ryan Grant, and he bravely makes his argument on YouTube in the comment section of some video — where I do not know — but I have been sent screen shots of it, and will use them to make a further reply.

Ryan Grant is the translator of some of the writings of Saint Alphonsus. I do not think he has studied Canon Law, but then I do not know anything more about him.

So here we go… The context of his comments is the contents of PPBXVI.org the banner site for the Movement for Pope Benedict XVI, which does not have a comment section, . . ..

Screenshot_20200131-134548

 

Here is my reply, which I was solicited for by Grant’s interlocutor, who is a frequent commentator here at FromRome.Info:

While it is true that the Supreme Legislator is the Roman Pontiff and that he has the right and capacity to authoritatively interpret his own acts, Mons. Arrieta, Secretary to the Pontifical Council for Legal Texts, affirmed on Dec. 11, 2019, that the act of a papal renunciation is not subject to the interpretation of anyone, because it must be clear in and of itself, and no on has the right to interpret it, not even the one who makes it. And as Saint Alphonsus, who held a doctorate in both civil and canon law, says in his tract on Legal Interpretation, to interpret a word to mean that which it does not in normal parlance or legal tradition mean is an act of interpretation which can only be done by the legislator in a second and subsequent act. Therefore, though you are correct to say that the Roman Pontiff can normally interpret his acts, this is one act of which even an interpretation issued in forma specifica cannot correct via an interpretation. Indeed, as Mons Arrieta affirmed there never was a papal interpretation made of the act before Feb 29, 2013. So your objection is unfounded as to the matter and erroneous as to the form of your claim. This is how canon law really works, if you knew anything real about it.

Grant rebuts my argument, thus:

Screenshot_20200131-195557

Grant makes the common fallacy of thinking that the one who resigns the papal office is the Pope. Nope! An act of papal resignation, as affirmed by Dr. Ghirlanda, S.J., professor of Canon Law here at Rome, in an article he published in March of 2013, affirms correctly that an act of renunciation of office is an act whereby one separates himself from the office he holds. — But the office cannot separate itself from itself.  — While it is true Canon 332 §2 speaks of that man as the Roman Pontiff, that is simply because prior to the act of renunciation the substance of the one acting bears that exalted dignity.

So Grant misapplies the principle, The First See is judged by no one, because he failed to notice that the one who resigns is not the See nor the Pontiff, but the man who holds the latter and occupies the former. Otherwise, if we are NOT talking about a papal resignation, then the principle applies to the Pope at all times. So Grant’s argument begins with a fallacy of fact and proceeds to a fallacy praeter rem. Thus it is invalid on two grounds.

Having been defeated on the point of legal interpretation, by my first reply, Grant, next, attempts to argue that the behavior of Pope Benedict XVI after Feb. 28, 2013 manifests his intention and his mind, and thus serves as an interpretation of the act. This is an argument which no canonist would ever make, since behavior is not a juridical act. But even common sense can see that since the Canon requires a Renunciation, and as all good Latinists know, a renutiare is an act which is verbal, not one made by gestures or actions, his argument is also praeter rem, and presupposes a fallacy of not reading the Canon in its precise terms. For the canon says, “If a Roman Pontiff renounce,” not, “If a Roman Pontiff separate himself from his office.”

His next argument is drawn from my published notes on my meeting with Bishop Arrieta. You can read my notes for yourself here. — This means that Grant does read FromRome.Info, even if he is ashamed to admit it. — Well, then, Grant is confused. Because you cannot admit principles and then try to undermine them by personal testimony. Bishop Arrieta and I agreed on many principles, and in my notes I pointed out that my questions regarding where we disagreed were never answered. So Grant is saying that since Bishop Arrieta does not agree with me but refused to give me a reason for his disagreement, which is in accord with any principle of law, that that means that I am wrong and Arrieta is correct. I do not think sane people argue this way, but that is not a valid argument, because it cites no reason.

Screenshot_20200131-195609

Next, Grant admits that no one can interpret the Act of renunciation, and then argues that since Barnhardt and I say it means what it says, but Arrieta says it means something else, that clearly Barnhardt and I are wrong. This is the same kind of mental argumentation I see often by those who say Benedict is not the pope. It is called gaslighting, because Grant is insisting on something contrary to the basic laws of language, namely when you explain anything using different words you are interpreting the statement which you are explaining. Ann and I do not do that. Grant and Arrieta do. So they are condemned by the very principles they admit, even if they insist that others view reality in their own distorted manner. This is so like the Left!

Finally, Grant gets into big ontological problems with his assertion that ministry and power flow from the munus and thus to renounce them is to renounce the munus. I guess he cannot understand my Scholastic Question, which was all about the distinction found in all the Scholastics like Saint Thomas Aquinas, that the substance holds all the potentia of the being of a thing, and thus to renounce anything which flows from the substance is not and cannot be a renunciation of the substance, just like when you renounce staying awake and thus fall asleep, you still have the power and being to wake again in the morning. Once again, then, Grant argues against reality itself. What can I say? I do not have to refute him, reality itself does that more eloquently.

As for his assertion that canonists all agree with him, that is gratuitous. I do not know of any canonist in the entire Church who has marshaled an argument for Grant’s position. Not even Bishop Arrieta. All you get in reply is assertions without arguments. And in logic, that means you have conceded that your position is irrational, and thus untrue, unless of course you are an idiot who cannot think or reason, which none of these men are.

There is another error in Grant’s argument, and Mons. Arrieta made the same error: they both hold that the Canon says, “If a Roman Pontiff renounce his office.” But that is not what it says; it says, “If a Roman Pontiff renounce his munus.” Canon 1331 in section 2, n. 4, shows that the Code of Canon Law distinguishes between munus and office. That means that the specific act essential to a papal renunciation does require the renunciation of munus, and that means, that both the liberty and due manifestation required, also regard the renunciation of the munus. This is a very important point, and is the key argument to use against all of Pope Benedict’s opponents. They have to use this fallacious reading, because they can see that the text of the Declaratio is not in conformity with the Canon.

Now I understand why Grant does not want to argue with me directly. I have challenged everyone to a debate, even 3 Pontifical Faculties of Canon Law, no one takes my offer, because they do not want to expose that their position is irrational and not sustained by the principles of law. — However, I grant this to Ryan, he has had the integrity to argue it in public. I respect him for that.

POSTSCRIPT: I have be subsequently informed that these comments by Mr. Grant are found in the comment section of this video.

____________

CREDITS:  The Featured Image is a photo taken by Br. Bugnolo of one of the bas relief in the Basilica of Saint John, here at Rome. The screen shots of Grant’s comments taken from a public forum on Youtube are in the public domain and used according to fair use practice for editorial commentary.

+ + +

Donate to support FromRome.Info

Make a donation to Save Old St. Mary’s Inc., a non profit which is supporting Br. Alexis Bugnolo’s Apostolates like FromRome.Info -- If you would like to donate more than $10.00 USD, simply increase the Quantity below from 1 to a higher number.

$10.00

 

 

Dialogue with a Cardinal, who refused dialogue

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

_____________

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.

+ + +

Donate to support FromRome.Info

Make a donation to Save Old St. Mary’s Inc., a non profit which is supporting Br. Alexis Bugnolo’s Apostolates like FromRome.Info -- If you would like to donate more than $10.00 USD, simply increase the Quantity below from 1 to a higher number.

$10.00

Why Saint Alphonsus dei Liguori would say the Renunciation was invalid

59df1d354eaef6243f7823c2_version_719

by Br. Alexis Bugnolo

The Saints who have been canonized are already in the glory of Paradise, and so, baring an extraordinary grace, do not speak to us anymore. But those Saints who have fully explained their opinions or teaching on any point, can be said to speak to us today. This is especially true of Saints who have taught on questions of law and the principles to be followed in controversies.  Of which kind is Saint Alphonsus dei Liguori, Doctor of the Church on all questions of moral theology, and not a few questions of law.

No one has the right to interpret a Papal Resignation

As I reported in my notes for my meeting with Bishop Arrieta, Secretary of the Pontifical Council for Legal Texts — who is the top Vatican official for questions of legal interpretation — he emphatically declared, that no one has the right to interpret a Papal Resignation. It must be clear in itself.

This statement by Bishop Arrieta clears up the entire controversy over the renunciation of Pope Benedict. Because, it ends it.  That is, since Pope Benedict XVI renounced the ministerium, not anything else. No one has the right to say that he renounced the Papal Office or petrine Munus or even power of governance.  Because to say that something else, requires an interpretation. And no one, not even the man who is the pope, has the right to interpret the act of renunciation.

But the statement of Bishop Arrieta is not of his own making. It is the necessary conclusion of legal principles.  First, that a declaration made by the man who is the pope, inasmuch as he is the man, and not the pope, cannot be judged by anyone except according to the norm of law. And since a declaration by such man when regarding the renunciation of the Office regards the renouncing of the Office, one cannot appeal to the holder of the office to interpret it. Because if it was valid, then the holder is no longer the holder, and thus cannot receive appeals. If it was not valid, then appealing to the holder of the office is tantamount to declaring the renunciation in valid.

Any appeal to Pope Benedict XVI to clarify what he meant means that the Resignation is invalid

This is a very important point, which has been overlooked in this 7 year controversy. Anyone who appeals to anything which Pope Benedict said before or after Feb. 28, 2013, to explain that the Renunciation means the renunciation of the papacy, or of the petrine munus, or of the power of governance IS IMPLICITLY AFFIRMING THAT POPE BENEDICT IS STILL THE POPE AND THAT THE RENUNCIATION WAS INVALID, because they are trying to have recourse to an official interpretation. And if the act needs to be interpreted, then it is doubtful. And if the renunciation is doubtful, then in virtue of canon 332 §2, it is invalid for lack of due manifestation.

What Saint Alphonsus says about the interpretation of a law:

For those who have overdosed on the falsehood of universal acceptance, and quote Saint Alphonsus, let us see what the Saint would say about the games the authors of such sophisms play with the words “munus” and “ministerium,” to make the Resignation say what it does not say.  For this we must have recourse to the teaching of Saint Alphonsus, taken from his great work, Theologia Moralis, Bk. I, tract ii, p. 242, De interpretatio legis. I will first quote the Latin, for those who can read Latin, and then give an English translation:

DE INTERPRETATIO LEGIS

200. Interpretatio alia est Authentica, alia Usualis, alia Doctrinalis. Authentica fieri potest vel ab ipso legislatore, vel ab eius successore, aut a superiore. Usualis est illa, quae ita ab usu est recepta. Doctrinalis autem est declaratio quaedam mentis legislatoris, quase a quocumque doctore fieri potest.

Hic dubitur an delcarationes, quae fiunt a Pontifice, vel a principe alicuius legis, indigeant promulgatione, ut obligent. In hoc distinguere oportet declarationes pure tales ab aliis quae sunt non pure tales, sed potius sunt merae interpretationes. Declarationes pure tales sunt, cum ab illis explicatur aliquis sensus, qui usque ab initio iam erat clare imbibitus in lege: ex. gr. si dubium sit, an sub verbo filii intelligatur solus legitimus aut eitam spurius, et legislator declarat intelligi etiam spurium, tunc verum fit quod sensus in lege erat clare imbibitus. Interpretatio autem, sive declaratio non pure talis est illa, cuius sensus non est clare imbibitus in lege, sed circa ipsum variae sunt opiniones, et tantum deducitur ex argumentis, v. gr. quod sub nomine patris intelligatur eitam avus, aut quod sub nomine moartis intelligatur etiam mors civilis, prout est carcer perpetuus, aut simile, recurrendo ad quamdam impropriam significationem.

His positis, dicimus cum Suarez, Castropal. Vasques, Sals, Salm. Holzaman, La-Croix, Supplet Sporger etc. quod declaratio sensus clare imbibiti in lege non requirit promulagationem, sed etiam obliget eos omnes qui illum noverint, cum talis declaratio non sit nova lex. Interpretatio vero alicuius sensus non clare, sed tantum obscure, sive improprie imbibiti in lege, quae est declaratio non pure talis (ut diximus) haec, quia habetur tanquam nova lex, ut obliget, necessario promulgationem requirit, sicut omnes aliae leges juxta dicta. n. 95 et 96. Hinc infertur cum Suar. de Leg. 1. 6. c. 1. n. 3 et Castrop. tr. 3. eod. tit. d. 5. p. 3. §. 1. n. 5 (qui citat pro se Bon. Salas, et Lorca) quod declaratio, quae fit a legislatore alicuius sensus clare in lege imbibiti (juxta exemplum adductum filii legitimi, et spurii) non requirit promulgatioem, ut obliget. Contra vero declaratio sensus obscure imbibiti (juxta exemplus avi sub nomine patris, vel mortis civilils sub nomine mortis) indiget quidem promulgatione; tunc enim ipsa novam constituit obligationem, quae per se non erat prius clare in lege imbibita. Et idem dicunt Suar. loc. cit. et Castrop. n. 2 de illis declarationibus, quae fiunt non ab eodem legislatore, sed ab eius successore, aut superiore; quia legislatoris mens nequit his esse ita cognita, ut erat ipsi legislatori; unde tunc, ut declaretur sensus (quamvis imbibitus in lege) alicuius obligationis, semper opus est recurrere ad argumenta, et interpretationes, quae novam legam constituunt, reddendo certum quod erat dubium; et ideo promulgatio requiritur, alias declaratio nunquam authentica, sed tantum doctrinalis repubabitur.

My English translation:

On the Interpretation of Law

200. One interpretation is authentic, another customary, another academic.  An authentic (interpretation) can be made either by the legislator himself, and/or by his successor, or by a superior. A customary (interpretation) is that, which has been received thus by custom.  Moreover, an academic (interpretation) is a certain declaration of the mind of the legislator, which can be made by any professor.

Here, there is doubted whether declarations, which are made by the Pontiff, and/or by a prince for any law, are in need of promulgation, to oblige.  In this, it is necessary to distinguish those which are purely such from those which are not purely such, but rather mere interpretations.  Declarations are purely such, when by them there is explicated some sense, which was clearly incorporated in the law already from the beginning: e. g., if there be a doubt, whether under the term, “son” there be understood only a legitimate or even an illegitimate son, and the the legislator declares (the word “son” in the law”) is to be understood even as an illegitimate one, then indeed it becomes that (that) sense in the law was clearly incorporated in the law.  But an interpretation, or declaration which is not purely such, is that, the sense of which is not clearly incorporated in the law, but about which there are various opinions, and as much as is deduced through arguments, e. g., that under the term, “father”, there be understood also a grandfather, or that under the term, “death”, there be also understood a civil death, insofar as is perpetual incarceration, or the like, by recurring to a certain improper signification.

With these things posited, We say with Suarez, Castropal., Vasquez, Sals. Salimancans, Holzman, La-Croix, Supplet Sporget etc.., that the declaration of a sense clearly incorporated in the law does not require promulgation, but that it also obliges all those who know of it, though such a declaration is not a new law.  But an interpretation of some sense not clearly, but obscurely, or improperly incorporated in the law, which is not a declaration purely such (as we have said above), this (kind), because it is held to be a new law, to oblige, requires necessarily a promulgation, just as all other laws spoke of in nn. 95 and 96.  Hence, there is inferred with Suarez de Leg. 1. 6. c. 1. n. 3 and Castrop. tr. 3. eod. tit. d. 5. p. 3. §. 1. n. 5 (qui citat pro se Bon. Salas, et Lorca), that a declaration, which is made by the legislator of any sense clearly incorporated in the law (according to the example given above of the legitimate and illegitimate son) does not require a promulgation, to oblige. However, contrariwise, the declaration of a sense obscurely incorporated (according to the example given of a grandfather under the term of “father”, and/or of a civil death under the term of “death”) do indeed need a promulgation; for then it itself constitutes a new obligation, which per se was not beforehand clearly incorporated in the law. And the same is said by Suarez. loc. cit, and Castrop. n. 2, of those declarations, which are not made by the ssame legislator, but by his successor, or superior; because the mind of the legislator is never so known to other as it was to the legislator himself: on which account, then, to declare the sense (though incorporated in the law) of any obligation, it is always necessary to have recourse to arguments, and interpretations, which constitute a new law, by rendering certain what was doubtful; and for that reason a promulgation is required, otherwise the declaration is never an authentic one, but only is reputed to be a doctrinal one.

Thus, Saint Alphonsus.

What the teaching of Saint Alphonsus on Legal interpretation means in regard to the Renunciation

From this text, we can glean three truths.

  1. When the meaning is clearly incorporated into the law, that meaning is the authentic one, and its sense is binding upon all, as for example, when Benedict says he renounces the ministry, all are obliged to understand that as a renunciation of ministry.
  2. When the word which is subject to a possible interpretation is a noun which includes all possible interpretations according to its essential signification, such as “son” includes natural and legal sons, not just legal sons, then the interpretation is a customary one and is obliging upon all, once the legislator declares that his mind was to include all such possibilities.  But before such a declaration it is not binding.
  3. When the word which is subject to a possible interpretation is a noun, which DOES NOT include the possible wanted interpretation, such as “ministerium” in the text of Pope Benedict’s resignation is wanted to mean “munus” or “officium” which are entirely other words, then the interpretation is NOT AUTHENTIC and is not binding upon anyone, and only can become binding, when promulgated by the legislator or his successors.

And thus one can conclude, from the testimony of Bishop Arrieta and Saint Alphonsus, that the interpretation of the Cardinals and Bishops that Benedict’s renunciation of ministry is equivalent in law, or signification, or intention, to a resignation of the Papal Office or Petrine Munus, is not only an illegitimate interpretation, but is an interpretation which is not binding upon anyone!

Moreover, one can conclude, that even if hypothetically any successor of Pope Benedict XVI were to say that such a reading of the text (where ministerium = munus) is the one Benedict intended, then the act itself posited by Benedict was invalid as per canon 332 §2, since it was not duly manifest in itself, but required another promulgated interpretation to make it valid.

And this means that the very existence of the plot to solve the Pope Emeritus problem is not only evidence that the resignation was invalid from the start, but is DOOMED TO FAILURE since as an interpretation of the act, its very promulgation will publicly testify to and canonically establish the invalidity of the renunciation!

In other words, there is no way to fix the invalidity of the resignation by any subsequent act. And what the Cardinals and Bishops are doing is GRAVELY IMMORAL AND DISHONEST and, moreover, is a grave USURPATION OF RIGHT.

One can also honestly say, therefore, that the usurpation of the Papacy by Bergoglio is a moral consequence of the usurpation of the right of interpretation by the Cardinals, and that Bergoglio’s bizarre moral character and state of mind is the perfect fruit of and punishment for their sin.

My Meeting with the Secretary of the Pontifical Council for Legislative Texts

By Br. Alexis Bugnolo

I write this post to publicly thank Mons. Juan Ignacio Arrieta Ochoa de Chinchetru, Titular Bishop of Civitate, who was appointed by His Holiness Pope Benedict XVI as Secretary of the Pontifical Council for the Interpretation of Legislative Texts.

I met with him this morning at 9:45. The meeting lasted about 75 minutes. I did not record the meeting, but want to share with everyone what I remember of it, because of its great importance to the life of the Catholic Church.

I began by saying that I had come to discuss the interpretation of law (interpretatio iuris) or more specifically the right to interpret canonical acts (ius interpretandi). Bishop Arrieta is an expert on this matter, having served in the capacity of a Professor of Canon Law since 1984 at the Pontifical University of Santa Croce, and from 2003 to 2008 at the Preside of the “St Pius X” Institute of Canon Law at Venice, and as Canonist to the Apostolic Penitentiary. Since February of 2007, he has served in the Pontifical Council as its Secretary. This title does not mean he is a secretary, but rather, the Vice President as it were to the Council.

I want to remark on the gentleness and noble demeanor of the Bishop, who never used any hominems, never lost his patience and showed himself willing to discuss the most impolitic issues, from the point of view of canon law, in the Church.

I began my questions with a preface, and with the Bishop’s permission read to him my entire article, entitled, ¡Viva Guadalajara! which was published, here, at the From Rome Blog, this morning.

During the reading, the Bishop could not hide his amusement at the fictitious story, but as I moved to my comments on how this story applies not only to the first moments of a papacy but also to the last, that is, to a Papal renunciation, the amusement on his face disappeared instantly. — Nevertheless, he continued to be polite.

He confirmed for me the following facts:

  1. To his knowledge, there was no meeting of canonists in February of 2013 which discussed the validity of the Act of Renunciation, nor whether a renunciation of ministerium effected a renunciation of munus.
  2. To his knowledge, Pope Benedict XVI never explained himself to any Cardinal or canonists in private as to whether his act effected a renunciation of the petrine munus or office.
  3. To his knowledge, no act of interpretation of the Renunciation was ever promulgated by Pope Benedict XVI.
  4. Bishop Arrieta did admit that he was asked questions regarding the Renunciation, on Feb. 11, 2013, but no question regarded the use of the term ministerium instead of munus.

He also confirmed for me these points of law:

  1. If anyone heard Pope Benedict XVI in February of 2013 explain or officially interpret his Act of Renunciation as an act of renouncing the munus, and left a sworn testimony to the fact, this would have no juridical value whatsoever. That is it would not make or alter the signification other than it is.
  2. An act of papal Renunciation is not subject to the interpretation of anyone in the Church. That is, no one has the right to interpret it.
  3. An act of papal Renunciation, therefore, must be certain in itself. If it is not certain, it is invalid.
  4. There is no Canon in the Code of Canon Law which predicates the term ministerium of an ecclesiastical office.
  5. What Ganswein said at the Gregorian University in 2016 A.D. — he admitted he had not read the text of Ganswein in full or in the original — is impossible, since the Papal Office is theologically incapable of being held by more than one man at a time.
  6. It is canonically impossible that two persons hold he Petrine Munus at the same time.
  7. The Roman Curia shares in the Petrine Ministerium, but not the Petrine Munus.
  8. There can only be one pope.
  9. The Pope is subject to Divine Law and cannot split the office.
  10. Canon 1331 §2, n. 4 does allow an excommunicated person to hold a ministry in the Church, but that there is a reform of the Penal Code in the works and that this is something that will be addressed.
  11. Canon 332 §2 requires a verbal renunciation, not a renunciation which is signified by gestures or after the fact statements.
  12. The supreme theological and legal principle for interpretation of canonical acts is the teaching of Jesus Christ, where He said, “Let your yes be Yes, and your no, No, anything else comes from the Devil” (Mt. 5:37)

Now Bishop Arrieta did not agree with me in everything. He made it clear to me that he holds the following positions:

  1. The Renunciation of Pope Benedict was certain and clear.
  2. The Renunciation clearly signified the renunciation of the office of the papacy.
  3. It is morally impossible in the judgement of Bishop Arrieta, based on his knowledge of the man, Ratzinger, that Pope Benedict intended to deceive anyone by pretending to resign one thing instead of the other.
  4. Canon 332 §2, as regards the requirements of liberty and due manifestation, is not talking about a renunciation of the petrine munus.
  5. The necessity in a papal renunciation is a renunciation of the papal office, not of the petrine munus, which is a canonical term which does not adequately reflect the theological reality.
  6. In the Code of Canon Law there is no clear distinction between munus and ministerium.

Regarding this 4th position of the Bishop, I must say I tried to get a word in edgewise to object to such a patently false statement, as if conditions for validity for an act of renunciation of munus only regard the act of renouncing and not the object which is to be renounced. I think the Bishop just said this out of desperation because it is logically absurd on the face of it, as you cannot read part of a sentence which regards conditions for validity and ignore what was said as the fundamental condition for the occurrence or discernment of the occurrence of the act in question!

Regarding the 5th position, I disagree, because Pope John Paul II, the Vicar of Christ, by promulgating the Code imposed upon the whole Church the canonical obligation of understanding it in accord with Canon 17, not as defective in anything. Therefore, an interpretation of canon 332 §2 which implies a defect, cannot be authentic.

I won’t respond here to n. 6, since I have devastatingly refuted it in the recent Academic Conference at Rome, the excerpt of which I published on this very topic, here.

What left me unsatisfied about our conversation is that I asked a lot of questions, but Mons. Arrieta could not give me answers. Here are some of my question, not verbatim, but according to their sense, that the Bishop did not or could not answer:

  1. If it is clear that Pope Benedict resigned his office, can you explain to me canonically how he did that if he never mentioned the office or the Petrine Munus?
  2. If Canon 41 gives to every priest the discretion and right to evaluate the Papal Act of Renunciation before deciding to stop naming Benedict in the Canon of the Mass, as the Pope, why it is canonically wrong if he exercise this discretion, judge the act nullus and continue to name Benedict?
  3. If no one has the right to interpret the Papal Act, how can you explain why nearly everyone in the Hierarchy holds that it effected a renunciation of the Papal Office, if nowhere in the Act did Pope Benedict say I renounce the office or the munus? Is that not an interpretation?
  4. While I am willing to concede out of respect for Pope Benedict that he did not maliciously intend to deceive, is it not possible he was in substantial error when he resigned one thing and not the other?
  5. Does not our loyalty to Jesus Christ, Who bound Himself to observe Canon Law, require us to consider as possible that the Pope be in error in thinking he can resign part of the papal prerogatives and keep the rest? or was wrong in desiring to bifurcate the papacy?
  6. Does not the historical facts that 1) Pope Benedict XVI before his elevation to the Papacy knew of the desires of many German theologians to split the papal office along the lines of the petrine munus and the petrine ministry, and 2) the strange way of renouncing the ministry, but not the munus, coupled with 3) the testimony of Ganswein his personal secretary, who should know the mind of the Holy Father, produce the most sound forensic testimony that the Pope did intend to bifurcate the Papal Office and should be corrected by the Church, even if we personally hold that he had no such intention by way of supposition and respect for his person?

The Bishop closed by remarking that my approach to the reading of the Act of Renunciation was strange to him, that he has never considered this problem before, that he has never read about this controversy, but that I had given him “much to think about”.

CONCLUSION

The sum of what Mons. Arrieta told me leads me to conclude the following:

  1. The Act of Renunciation was presumed from the start to be a renunciation of the Papacy, without any consideration of the discrepancy of renouncing the ministerium instead of the munus, as if the Code of 1917 were operative, and not the Code of 1983.
  2. There has never been any canonical reflection on the canonical value of the Act of Renunciation by anyone known to Bishop Arrieta.
  3. There are no canonical arguments for the validity of the renunciation to effect a loss of the Papal Office, because the interpretation is simply a presumption based on an extrinsic method of reading the act (as I point out in my previous article), which is the most unauthentic and error-prone method of interpretation.
  4. The opinion of No Cardinal or Bishop or Priest on this matter constrains anyone in the Church to accept it, because no one has the right to say that the Papal Act means something other than it expressly says.
  5. Thus, the Renunciation of Pope Benedict DID NOT effect the loss of the Papal Office. He remains the Pope, the Successor of Saint Peter, the Vicar of Christ, the Supreme Pontiff and the Roman Pontiff with all rights and privileges, all prerogatives and powers, graces and carisms, BECAUSE IF YOU DO NOT RENOUNCE THE PAPACY BY WORDS, YOU HAVE NOT RENOUNCED THE PAPACY!*

Finally, I do want to thank the Bishop for his patience. Several times in the 75 minutes we spent discussing this most important matter, he remarked he had other duties, but stayed anyhow when what I said was substantial and presented a line of argumentation which he felt necessary to respond to.

____________

* For those not familiar with the technical language, in this controversy, “papacy” here refers not to the Vatican, nor to the Papal State(s) or Territory,  nor to the government of the Vatican, but to the Office of the Roman Pontiff. And I use this term here in the linguistic sense, not in the sense of the thing, but of the thing as named. For example, a husband refers to his wife by either one of her proper names, first, middle, last, or improper names, such as honey, dear, sweetie, or by a pronoun standing alone or followed by a subordinate phrase, such as, “the one who does the dishes”. If he says, I am going to get rid of the dish-washing, the bathroom-cleaning, the meal-preparation and the warm bed, he has not referred logically nor verbally to his wife, because the actions which his wife does or the effects of which she is the cause are not her, they are effects or actions under her power, and by naming them, one does not name necessarily or determinatively the one who is his wife. — So likewise, when Pope Benedict renounced the ministry but not the Papal Office, he did not renounce the Office, because he did not name it, he only referred to that which might be construed as the ministry which flows from it. The intellectual incapacity or inability to recognize this common law of human language and signification is at the heart of the reason why so many think Benedict resigned the papacy, when in reality he did nothing of the kind. However, why he did what he did, is besides the point (praeter rem), because whatever his motives, the act remains invalid, null.