Gänswein, Brandmüller & Burke: Please read Canon 17!

by Br. Alexis Bugnolo

 

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February 14, 2019 A. D. — Today Diane Montagna’s article, entitled, “Did Benedict really resign? Gänswein, Burke and Brandmüller weigh in,” was published at Life Site News.

First, let me say a big thank you to Diane Montagna for bringing the controversy to the greater attention of the general public. In this way, all Catholics, who have a right to know of its existence, can at last be informed.

However, I do not praise the article’s author for the article itself, which in all frankness, I must say is full of sophistic arguments:  that is false manners of argumentation, and even false assertions, all marshaled in an attempt to demonstrate that Pope Benedict XVI did validly resign, and that everything His Holiness and his private secretary have said about this, is to be ignored!

I find it shocking that two Cardinals, to defend the validity of the resignation, have resorted to telling the whole world not to pay attention to what the Pope has said about the meaning and effect of his own act!  This is tantamount to rebellion against the papacy, in my mind!

I also wish to contradict the attempt by the article to smear Catholics who hold that the resignation is invalid as persons who are NOT knowledgeable about Church Law, the text of the papal resignation, or who are excessively scandalized by Bergoglio. As I pointed out in my previous article on How Usurpation of the Papacy leads to Excommunication, all those involved in asserting an invalid resignation is valid are risking excommunication for schism and positing acts which only a pope can do.  So they have a lot of reasons to ignore a serious and just consideration of the facts, especially if they just went along to get along.

But enough of preamble. let’s examine the sophisms in Montagna’s Article, in order of their appearance.

  1. Archbishop Gänswein dismisses the argument as making no sense.  So since he confesses not to understand it, there is really nothing proved by quoting him. I will observe that in German, which is the Bishop’s ancestral tongue, there is no equivalent of ministerium, munus and officium except by one word. So its easy for a German thinker to miss the problem of saying ministerium instead of munus. What the Archbishop says previously contradicts what he says now, so he probably was thinking in German then or is now. But surely he can understand the controversy, seeing that I sent him last month, with proof of delivery, a printed copy of my entire Disputed Question on the topic. But then again, maybe he cannot read English?
  2. Later on in the article, after quoting Archbishop Gänswein as saying openly that Benedict did NOT resign the PAPAL OFFICE, Montagna quotes an anonymous theologian as sustaining,

    supporters of this opinion need to show that Pope Benedict understood the munus and the ministerium as referring to two different realities.

    Ugh, what can one respond to such ignorance? Other than that Canon 17 requires that Canon 332 §2 be read in accord with the meaning of canon 145 §1 and canon 41, which reading amply demonstrates that the Supreme Legislator Himself, Pope John Paul II, in promulgating the new Code of Canon Law requires that ministerium and munus be understood as referring to two different things. — Those who are faithful Catholics, therefore, already know they refer to two different things, because the Pope orders us to do so!

  3. Then the same anonymous theologian quotes canon 15 §1 (actually he quotes §2, but I think that is an error), as saying that the resignation must be presumed valid. But that canon says that a law, which expressly invalidates an act, invalidates even if the one positing the act is ignorant of the law. Thus this canon argues against the validity of the resignation, not for it!
  4. Then the same anonymous theologian confuses the annulment process with this controversy, saying that Catholics who think the resignation is or may be invalid, must wait for the judgement of the Church!  Actually, canon 188 says that resignations made in substantial error are invalid by the law itself. That means, they are invalid before any sentence of any court determines the facts: they are null, void and never had any legal effect.
  5. Then, the article quotes Dr. Roberto de Mattei, who cites Canon 124 §2. — As an aside, I would ask that Dr. de Mattei respond to my criticism of his previous error of attempting to raise an opinion of late scholasticism to the level of an interpretative principle of canon law, in contradiction to the obligation of canon 17 — But that canon also contradicts Dr. de Mattei, because it regards only acts which are manifestly conform to the obligations of the law, when in the present controversy one deals with a prima facie non conformity! That is, with the fact that at first glance at the Latin of Non solum propter (Text of apparent resignation) and canon 332 §2, they are not speaking of the same things! For the former renounces the ministerium, but the latter refers to resignations of munus.
  6. Then Dr. de Mattei attempts again to flip a canon. This time its canon 1526 §1, the burden of proof is upon him who asserts.  Seeing that it is the Cardinals and Dr. de Mattei who long ago asserted first of all that the resignation is valid, the burden of proof is rather on them! That is why, the mere fact that the Cardinals and the entire Vatican have never published a canonical affirmation of the validity is a strong argument they have NEVER examined if it was. But in the case of a resignation, a Cardinal Elector is gravely bound to personally verify that the resignation is valid, because otherwise he will participate in an illicit Conclave and elect and Anti-Pope!
  7. Then, Cardinal Brandmuller attempts to flip two sound dicta: de internis non iudicat praetor (a praetor does not judge of things internal) and quod non est in actis, non est in mundo (what is not in the act does not exist in the world). I say this, because he cites these to argue that those who doubt the validity of the resignation are in error. However, since those who doubt the validity, as I do, do not base our arguments on interior intentions, nor on suppositions, but on the text of the act of renunciation itself, we are acting in perfect harmony with those dicta. Nay, rather, its Cardinal Brandmuller and Burke and Gänswein who violate these, because they say the Pope intended to resign the munus, therefore he did resign the munus, and that ministerium means the munus which is not renounced in the text, because the Pope intended to resign the munus, they judge the Pope’s intention not the act itself!
  8. Then, Cardinal Burke is quoted as saying: “I believe it would be difficult to say it’s not valid.” This, I will admit — for those who have not read the Code of Canon Law and studied this question of substantial error on account of not saying munus nor referring to the office — might be difficult to prove, because many are ignorant of the Canon Law and its obligations. But for those who do, or should know it, it is not!  — Just see my disputed question on it. You can find it in Spanish translation here. In that Question, I carefully examine and refute the 19 reasons alleged for the validity and marshal 39 arguments, drawn from Canon Law, Theology, Philosophy, etc. against the validity.
  9. Finally, Cardinal Burke is quoted as saying: “It seems clear to me that Benedict had his full mind and that he intended to resign the Petrine office.” — Having given no argument but his speculation about the intention of what Pope Benedict XVI intended to say, other than to deny what he expressly has said on other occasions, the opinion of this eminent Canonist must be disregarded as any gratuitous unproven declaration which runs counter to the facts is disregarded.

In conclusion, I would ask these three eminent prelates to read Canon 17. Therein, Pope John Paul II obliges all Catholics to understand canon 332 §2 in a specific manner. In that manner, it can be seen that there is no question at all that the renunciation of Benedict is invalid by reason of substantial error (canon 188) in thinking that a renunciation of ministerium effects a renunciation of the papacy.

I believe that the Cardinals in particular, perhaps out of their familiarity with the Annulment process which focuses on the intention as the formal principle of the validity of the bond of Matrimony, are missing the point of the teaching of Pope Boniface VIII (Decree of Boniface VIII (6th vol), 1.1, T.7, Chap. 1: De Renunciatione:) that papal renunciations deal formally with the verbal signification of the act, not on the intention of the one renouncing. Also, they differ significantly in this, that the power to tie the bond of marriage consists in the ones who take marriage vows. But the power to remove the munus of the papacy is held exclusively by Christ the Lord in glory, who has promised Peter to uphold the letter of Canon Law promulgated by his successor, Pope John Paul II, in canon 332 §2, and Who cannot act unless the renunciation expressly conform itself to that canon.

 

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Has Cardinal Brandmüller ever read Canon 332 §2?

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By Br. Alexis Bugnolo

As Saint Thomas Aquinas says, when the errors of our prelates are public and grave and constitute an imminent danger to the Church, we are obliged to break deferential silence and publicly correct them.

For that reason, I will take this occasion to publicly call upon fellow Catholics to ask Cardinal Brandmüller a simple question:  Have you ever read Canon 332 §2?

I understand, that the general public might consider such a question proposed in public on a blog to be unseemly and insulting, and so let me explain why asking that question is germane for the Cardinal and for every other Cardinal in the Church.

I take occasion here to address a question to Cardinal Brandmüller because of an article he wrote on 2016, of which I just recently came to know of:  Renuntiatio Papae. Alcune riflessioni storico-canonistiche, which appeared in Stato, Chiese e pluralismo confessionale, Rivista telematica (www.statoechiese.it), n. 26/2016, published by the Unviersità degli Studi: Milano.

In that article, the Cardinal discusses principally whether Papal resignations can be done and under what conditions. The article is a fine piece of scholarship, and I do not contest any other point of it, here. Rather, I wish to draw the reader’s attention to 3 glaring omissions in the text, which cause me to ask the Cardinal a public question.

The Cardinal cites Canon 332 §2 no less than 4 times in his Historico-Canonical Study, on pages 6, 7, 10 and 11. In the first case, in reference to a papal resignation being an extraordinary event; in the second, in reference to the conditions for a valid resignation,; in the third, that a papal resignation is morally licit; and in the fourth, again the conditions for a valid resignation.

In both cases, on page 7 and 11, the Cardinal declares that the only conditions for a valid resignation are, libere fiat et rite manifestetur, citing the Latin of the main clause of that canon, which Latin means: “be done freely and manifested according to the norm of law“.

Its not that he does not mention the introductory clause of both Canon 221 in the Code of Canon Law of 1917, and contextual affirms that the same introduction is had in Canon 332 §2. Nay, its rather that he misses the striking difference in the Canon of the New Code in comparison with the canon of the old code.  Namely, that in the New Code, promulgated by Pope John Paul II, during the time (1983) with the future Pope Benedict XVi was head of the Congregation for the Doctrine of the Faith, the Legislator (Pope John Paul II) added words which is not found in the old canon:  suo muneri.

How, anyone can read a Canon speaking about when a papal resignation occurs and is valid, and miss the key word of the introductory and fundamental conditional clause, is beyond me. But it seems that if a man so learned as this Cardinal can do it, perhaps all the other Cardinals have also done it.  Maybe even Cardinal Burke, too?

And this is why my request that Catholics ask Cardinal Brandmuller a question is not disrespectful nor impertinent. Because has has been demonstrated by many others, and myself, the word munus takes on the condition of a sine non qua, that is, of a requirement for validity which cannot be obviated under any condition.  Thus its manifestly wrong to speak of only 2 conditions for a papal resignation, since in the New Code, papal resignations only occur when the Pope resigns the Petrine Munus.

This is important, because in regard to Pope Benedict XVI’s resignation, the Latin text renounced only the or a ministerium received, NOT the papal munus. This is important, because if Pope Benedict never resigned his office, the conclave of 2013 was uncanonical and Bergoglio is an Anti-Pope in every canonical sense of the word.

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For those who want to understand the correct canonical argument, why Pope Benedict XVI is the Pope and why Bergoglio was never pope, supported by Canon Law and all the evidence, and put in simple terms, see “How and Why Pope Benedict’s Resignation is invalid by the law itself.”  For a scholastic argument demonstrating that the text of the resignation does not effect a resignation of office, see my disputed question, here at From Rome, linked under the words “many others” just above here.

For the text of the resignation, translations, other articles, etc., see the same link under the words, “many others”, where I recite the history of the controversy.

PHOTO Credits:  The New York Times, retrieved via Google Images.