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

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.

 

 

Benedict said in every way that He did not resign! — An Examination of His Testimonies

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by Br. Alexis Bugnolo

One of the most common canards used to discount that Pope Benedict XVI is still the pope is that, regardless of all the Canonical Evidence that he did not, He has never publicly affirmed that he did anything other than resign the papacy.

This bold assertion is the kind of propaganda used by intelligence agencies to confuse the Enemy. And if you have not yet considered the evidence, you should take note not to be led astray.

In propaganda of the kind which is used in psychological manipulation, the first characteristic sought is to lie and lie boldly. As Rousseau affirmed, “Lie, Lie and Lie, and something will come of it”, or as Adolf Hitler said, the biggest lie is the most effective:

All this was inspired by the principle—which is quite true within itself—that in the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods.

It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously. Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying.

— Adolf Hitler, Mein Kampf, vol. I, ch. X[1]

The Big Lie: Benedict Resigned

The Big Lie operative in the Church today says that “Benedict resigned”.  As I pointed out in my previous post on the Vatican Coup d’etat of Feb. 11, 2013 (see link here), the Vatican has NEVER affirmed by a canonical document or press release that Pope Benedict resigned or renounced the Papacy. They merely confirmed a TWEET by a pool reporter, who knew some Latin.

This contradicts the expressed obligation of the Papal Law on Elections. Because in Pope John Paul II’s Law, Universi Dominic Gregis, n. 37, the Cardinals are obliged not to act if there has been no lawful vacancy of the apostolic see:

37. I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, the Cardinal electors who are present must wait fifteen full days for those who are absent; the College of Cardinals is also granted the faculty to defer, for serious reasons, the beginning of the election for a few days more. But when a maximum of twenty days have elapsed from the beginning of the vacancy of the See, all the Cardinal electors present are obliged to proceed to the election.

And, thus, obviously, to observe that norm, the Cardinals MUST VERIFY whether there is in fact a lawful or canonical sede vacante.

In the present case, therefore, that means that they must verify that the norm of Canon 332 §2 was fulfilled.  But, again, as I have said before, the Vatican has never publicly affirmed that the resignation was canonically in conformity to Canon 332 §2, which is the only canon on papal resignations.

That Pope Benedict never resigned the petrine munus, as Canon 332 §2 requires, is a fact of history. Just read the Latin text of his renunciation and follow the norms of Canon Law on how to read it (see link here, and a discussion here; see an analysis of all the official Vatican translations, all fraudulent, which have attempted to present the Big Lie, here)

But, before we consider the testimonies from our Holy Father, let us first unpack the propaganda, of the Big lie, which is employed by nearly the entire Hierarchy, except Bishop Gracida.

Exposing the Fallacy of Resorting to the Big Lie

Therefore, the canard, that Benedict needs to affirm that he has not resigned the Papacy, before anyone can take seriously the canonical arguments that he did not do so validly are to be accepted — is a complete absurdity! It’s propaganda to support the Big Lie, because it takes as its first premise (though implicit) that the assertion that Benedict did resign has the pride of place, that is, the greater authority.

The international Association of Catholics, which is opposed to the Kasperites,  and called Veri Catholici, recently un-packaged the fallacy of resorting to the Big Lie, thus:

THE INSANITY IS UNENDING! — A supporter of Cardinal Burke told VC HQ that so long as Benedict does not confirm that he meant what he said, there is no evidence that what Cardinal Burke THINKS B16 meant is FALSE. Thus VC will discredit its own organization with truth!

The correct forensic principle, which a canonist SHOULD know, is that what someone says is prima facie what he means, and he who claims that the intention was such as to make it other than prima facie IS REQUIRED TO PROVE HIS INTERPRETATION by a first hand DENIAL of the prima facie.

THUS there is no necessity AT ALL that Benedict confirm that he resigned the ministry not the office, NAY there is the necessity for the Cardinals to obtain from Benedict the statement THAT HE NEVER INTENDED TO RENOUNCE THE MINISTRY BUT RATHER THE OFFICE OF THE PAPACY.
But this is impossible and contra factum, because FOR SIX YEARS BENEDICT HAS DRESSED LIKE THE POPE, SIGNED AS THE POPE, GIVEN BLESSINGS AS THE POPE DOES, AND ACCEPTED THE HONORS AND DIGNITY OF THE POPE! If that aint confirmatin of PPBXVI.org nothing is!
And if anyone should claim that he calls Bergoglio the pope and lets him run the church as a pope, nevertheless, though that could put in doubt the 6 year testimony, IT DOES NOT FORENSICALLY INVALIDATE THE PRIMA FACIE rather it argues for coercion or insanity, not validity!
Because FOR THE VALIDITY OF A PAPAL RESIGNATION there is required nothing but the DUE MANIFESTATION OF THE FORMAL SIGNIFICATION OF AN ACT OF RENUNCIATION OF THE PAPAL OFFICE: intentions not expressed are praeter rem!

though (a corruption of) liberty, (or) freedom (as can arise) from coercion or simony can corrupt a valid formal signification, cf canon 332.2 and 188.

(In this quotation I have corrected some typographic errors and elipsees in Italics)

With this preliminary introduction, let us proceed to the main subject then.

Pope Benedict’s Testimonies that He has not Resigned the Papacy

There are several things Pope Benedict did to signify that he never had the intention to resign and that he never did resign.

1. Normas nonnullas

First of all on Feb 22, 2013, he issued certain modifications of Pope John Paul II’s law on Papal Elections. In that Apostolic Letter, entitled Normas nonnullas (see link here), Pope Benedict did NOT make any changes to suit the occasion of a Papal resignation!

This is significant, because the Papal Law only tangentially refers to a sede vacante arising from a papal resignation, and clearly, if He had resigned the Papacy, he should have addressed that error in the Papal Law modifications which he enacted into law on Feb. 22, 2013! Not only did he NOT do that, but he modified a section of the law regarding PAPAL FUNERALS (n. 49). In this way he was giving a big sign that he was going to hold out as the Pope until death.

2. Final Audience of Wednesday, February  27, 2013: in Saint Peter’s Square

Next, In His Holiness’ final public audience to the Faithful, he confirmed this in extraordinary terms which cannot be reconciled with a papal resignation:

Here, allow me to go back once again to 19 April 2005. The real gravity of the decision was also due to the fact that from that moment on I was engaged always and forever by the Lord. Always – anyone who accepts the Petrine ministry no longer has any privacy. He belongs always and completely to everyone, to the whole Church. In a manner of speaking, the private dimension of his life is completely eliminated. I was able to experience, and I experience it even now, that one receives one’s life precisely when one gives it away. Earlier I said that many people who love the Lord also love the Successor of Saint Peter and feel great affection for him; that the Pope truly has brothers and sisters, sons and daughters, throughout the world, and that he feels secure in the embrace of your communion; because he no longer belongs to himself, he belongs to all and all belong to him.

The “always” is also a “for ever” – there can no longer be a return to the private sphere. My decision to resign the active exercise of the ministry does not revoke this. I do not return to private life, to a life of travel, meetings, receptions, conferences, and so on. I am not abandoning the cross, but remaining in a new way at the side of the crucified Lord. I no longer bear the power of office for the governance of the Church, but in the service of prayer I remain, so to speak, in the enclosure of Saint Peter. Saint Benedict, whose name I bear as Pope, will be a great example for me in this. He showed us the way for a life which, whether active or passive, is completely given over to the work of God.

(In this quotation I have added color to the text)

The Pope could not be more clear, he had resigned the active ministry of the office, not the office. He was resigning the power of governance, but remaining the pope.

All this refers not to a resignation, but a forced abdication or a voluntary retirement of someone who still retains the Papal dignity and office.

3. Pope Benedict leaves Vatican on Feb 28, 2013, as the Pope, not as Cardinal Ratzinger

The Final and loudest visible message was sent by the Pope on the following day, when he left the Vatican, but did NOT lay aside the symbols of the office of the Pope:

Even the New York Times affirmed that the Pope left the Vatican, not Cardinal Ratzinger.

ABC News shows what happened in this video:

 

 

Notice the facts, which are indisputable:

  1. Benedict is dressed as the Pope.
  2. All continue to treat him as the Pope.
  3. He is given official escort as a Head of State by the Italian Republic
  4. He flies, not to Munich, where his brother lives, but to Castel Gandolfo, the private residence of THE POPE.

Any objective observer must therefore conclude, that he remains the Pope, and is signaling that he remains the Pope. Because he is acting as the Pope, retiring from a Vatican that no longer wants him, but NOT as a Pope who has just resigned the Papacy.

Q.E.D.

 

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NOTA BENE: Someone may say, But Pope Benedict recently said in June, 2019, that “There is only one Pope, and he is Francis”… That report was entirely false, and intentionally so. Here is more about that from Veri Catholici. Click on both links to read the two stories, the false claim by the Catholic Herald, and the debunking of the false claim by Life Site News:

How Benedict has defeated “Francis”

by Br. Alexis Bugnolo

Pope Benedict XVI, who has been lauded by many as a brilliant theologian, is in my opinion, a more brilliant chess player, for he has defeated the AntiChurch with the most incredibly subtle and effective manuever which could ever be conceived, and which takes a great deal of study to recognize, if you, like myself, took at face value the hearsay which has been put out for the last six years.

Admittedly, the honor and glory for it belong first of all to God, Who enlightens all men and inspires them at times to do things mere mortals could never conceive of. But also, thanks goes to God for sending Our Lady to Fatima to reveal to Sr. Lucia a secret which has until this day remained hidden, so as to give sound counsel to the true Successor of Saint Peter in the End Times.

How Pope John Paul II strengthened the Bulwark of the Church against the AntiChurch

I believe that with that knowledge, Pope John Paul II did 3 things: first, he chose Joseph Ratzinger to come to Rome and prepared him to succeed him (perhaps because he sensed that Ratzinger had the gift of prophecy); second, in 1983, he added the term munus to canon 332 §2, to constrain all of his successors to the obligation of renouncing the Petrine Munus so as to resign the papacy; and third, in 1996, he promulgated a new law on Papal Elections, which would nullify any attempt of the AntiChurch to usurp the Papacy or elect successors to AntiPopes (by requiring that all valid conclaves meet within 20 days after the death of valid popes).

Pope John Paul II warned the Church of the AntiChurch which was rising. He beatified Ann Catherine Emmerich (on the Vigil of St. Francis of Assisi, in 2004) to give papal approval to her own visions in this regard. It should not be surprising then, that in secret, or I should say, in the bright light of day, in papal acts he prepared the Church against that Evil to come!

By these three acts, Pope John Paul II set the chess board and enabled his chosen successor, Ratzinger to enact a stratagem of deception to defeat the forces of darkness.

The Forces of the AntiChurch struck quickly

No sooner than Pope John Paul II had died that the St Gallen Mafia, which had been meeting in that Swiss town for some years, mobilized to put Bergoglio on the Apostolic Throne in the Conclave of 2005. Bergoglio, as is now known, garnered the most votes after Ratzinger. In his campaign to get elected he promised radical financial reforms in the Vatican, so he could pose as a savior and reformer, though his agenda was that of Cardinal Martini, to make the Church into the Bride of the Anti-Christ.

Recently an Argentine Priest revealed, that Pope Benedict, soon after his election in 2005, had asked Bergoglio to be Secretary of State (see report here). Benedict intended by this offer to diffuse the conflict which arose in the Conclave, and to draw out the real intentions of Bergoglio. Bergoglio’s refusal manifested his deceit, because all the reasons given in the Conclave for his election, which in truth could be done by a Secretary of State, if honest, would have spurred him to accept Benedict’s offer. But without the papal authority, his evil and malign agenda could not be advanced. — By this sign of offering the olive branch of peace, Benedict signaled to his own supporters, that after himself there would come an Anti-pope (cf. Prophecy of St Malachy).

With the threefold knowledge of the future had from the Third Secret, from Pope John Paul II and from his own experience in the CDF, Pope Benedict now knew what he had to do. He knew Bergoglio wanted power and would be blinded by its offer. He took preparations to defend the Church with tradition and as the pressure built from the St Gallen Mafia, he crafted their defeat in secret. At the same time, he openly warned the faithful, that the Message of Fatima was about to be fulfilled (On May 13, 2010, saying “We would be mistaken to think that Fatima’s prophetic mission is complete…”).

Benedict knew that removing the Lavender Mafia from the Vatican was key to defending the Church. But as court documents revealed, in the WikiLeaks controversy, as that effort led to the destruction of the careers of many sodomites, they moved against Benedict to have him removed. His Pontificate had removed hundreds perverts from the clergy.

As I have written before, there was in my estimation a formal attempt at a Coup d’etat (see report here). And this was actually put in motion, with the intent to effectively imprison Pope Benedict (see Report here). — The Conclave pact in 2005 among the warring factions of Ratzinger (Church) and Bergoglio (Anti-Church) also prepared the way (see report here). But, with their cause lost at that conclave, the St. Gallen Mafia would have to wait for Benedict to resign, because being old, he revealed that he was inclined to resign in a few years, anyhow. As he lingered on, however, their rage and impatience exploded.

The restoration of the Ancient Mass (July 7, 2007) and the expansion of the permissions for its use (April 30, 2011) caused a general outburst among the wicked clerics. I myself know this took place in the Italian Bishop’s Conference in 2011, because a Bishop who attended told me how Cardinals and Bishops stood up, one after another, and said the most vile things against Benedict. I also know personally, from the testimony of a Sicilian Businessman, who was in Shanghai, that the Cardinal of Palermo had warned that Benedict could die within a year from poor health. The St Gallen Controlled Media expanded this and reported it as if the Cardinal has said that Benedict had a year to live or else. That report was published around Feb. 11, 2012! (note the date)

Benedict’s Master Stroke

Pope Benedict XVI then played his master stroke. In the Summer of 2012 he indicated to Cardinal Bertone that he was going to resign. He discussed the matter with no one but his secretary Ganswein and a few others. I believe that he wrote the text of abdication in the Fall of 2012. I also postulate that he intentionally showed the Latin text (the invalid one) and a faulty German translation (which makes it appear the Latin is a valid formula) to members of the St Gallen Mafia, to obtain their consent to it. By that act he sealed their doom.

Because only one who was fluent in Latin and knowledgeable about Canon Law and who accepted the traditional metaphysics of the Church would be able to see that the resignation by that formula would be invalid. Ratzinger further prepared the ground by emphasizing for years before, that his favorite theologian was Saint Bonaventure. This caused scholars, like myself, to start studying St. Bonanveture’s Scholatic method for textual analysis of the signification of expressions, which is unparalleled among all the Doctors of the Church.

On Feb. 11, 2013, he read out-loud in Consistory the text of the invalid formula. On Feb. 28, 2013 he explained that he had resigned the “active ministry”. The St. Gallen Mafia spread the word of a valid resignation. The rest is history.

The only thing is, that Benedict began to give signs of the truth, not only for the sake of the Faithful, but to annoy the St Gallen Mafia. He kept wearing the papal cassock, retained the titles of Your Holiness and signed with PP. Benedictus XVI, and continued to give the papal blessing. He did these things to get faithful Catholics to examine the text of resignation and discover it was invalid. — He did this also, because, I believe, he was obeying Our Lady’s word at Fatima, in which She had revealed that there would come a time in which the Catholic world thought there were 2 popes, but only one of which was the true pope. The one who was the true Pope would continue to wear white, the other would usurp the office; and that the Anti-Church would attack the true Pope and the faithful gathered about him.

By an invalid resignation Pope Benedict has canonically invalidated everything Bergoglio has done, can do, and can ever do! Bergoglio is now an AntiPope because of the clever trick Benedict played on him. And Bergoglio is so entangled by this stratagem of Benedict that he cannot admit its existence, because if he does, he must give up his claim to the papacy.

If Benedict should die, then there will be no valid Successor of Saint Peter unless the pre-Bergoglian Cardinals meet in conclave within 20 days. Otherwise, as Pope John Paul II declares in the promulgation of Universi Dominici Gregis, at the end of the text, any action the Cardinal Electors take will be invalid. If they fail to do this, the Church will not be bereft of a pope, because, as Pope John Paul II taught in UDG’s prologue, the institution of the College is “not necessary for a valid election” of the Roman Pontiff: there is still the ancient Apostolic Law regarding the right of the Roman Church to elect the Pope.*

Benedict has defeated “Francis”!

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Note: I wish to publicly apologize to His Holiness Pope Benedict XVI for anything I have said in criticism of him, since it was not until today that I understood what he had did and why he had done it, nor that as Pope he was acting for the good of the Church in the best and only way he could see to do, acting on the  basis of the counsels of Our Lady and Pope John Paul II. — Finally, I entertain the possibility that some Cardinals know of this grand stratagem of Benedict and that is why they act so dumb when asked about the question of validity or invalidity of the resignation.

FOOTNOTE:

* The right of election will fall to those Catholics of the Diocese Rome, who recognize that Benedict always was the only true pope, and that Bergoglio was always and is only, and nothing more, an Antipope. See my Disputed Question on Defecting Cardinals, here.

 

 

 

 

The Vatican has now accepted that Bergoglio is an AntiPope

by Br. Alexis Bugnolo

Rome: September 9, 2019 A. D.:  The Vatican has conceded that Jorge Mario Bergoglio is an AntiPope. The concession came tacitly as of Saturday, when, after 90 days since the publication of the news that Pope Benedict had accepted the arguments which demonstrated his resignation was invalid (as reported here), the Vatican took no action to discount the report.

The report was public knowledge at Rome, since it was 4 times accessed by computers at the Vatican (some of which were in the offices of the Secretary of State). In response, that office requested the Corriere della Sera to interview Pope Benedict in an attempt to get him to withdraw his tacit acceptance, with the admission on his part, that “The Pope is one, he is Francis”. The interview having failed to extract those words from Benedict — during an exchange of photographs in the Vatican Gardens in the 3rd week of June, or there abouts (the interview never gave a time or place which was specific) — the Vatican Press Office put out a teaser the day before its publication in the Marxist Newspaper, claiming Benedict HAD said those words (Catholic News Agency).

Veri Catholici, the international Association, discounted the report on Friday, after acquiring a copy of the Corriere della Sera’s actual printed interview (As reported here).  LifeSite News, which initially reported the false assertions of the Vatican Press Office, took back the claim a week later in a full article on July 4, 2019. (Veri Catholic also publicly asked Life Site News to investigate the WHY of it — As of today, they have failed to follow through)

The Corriere della Sera subsequently published the “interview” online (see here).

Even Antonio Socci on July 1st remarked the occurrence of the publicity debacle for the Vatican, as another gross fake news story (see end of Socci’s article, where he cites more evidence that Benedict knows he is stil the pope).

But the import of the event was ignored. Namely, that the Vatican was attempting to discount the report by From Rome of the tacit acceptance.

To which I say: Is everyone brain dead at Rome? Can you not put on your thinking cap and do some reasoning, like this?

  • Vatican Press Agency risks its entire reputation by making a false claim about what Benedict had said
  • Corriere della Sera was asked by the Vatican Secretary of State to attempt to extract such a statement from Pope Benedict
  • Pope Benedict refused to make such a statement
  • Pope Benedict had thus publicly reaffirmed he would not discount the assertion of the From Rome Blogger
  • Therefore, Benedict is aware his resignation was not canonically valid
  • Therefore Benedict is aware that he is still the only true Pope and Vicar of Christ

Now that 92 days have passed, the Vatican, not having discounted anything of the above, has conceded that Bergoglio is not the Pope. But at the same time allow him to keep pretending to be the Pope.

But a pretender to the Throne of Saint Peter is an AntiPope.

Therefore, the Vatican has conceded that Bergoglio is an Antipope.

(BTW, for the record, the Vatican Secretary of State had already conceded that Benedict is the Pope; see the report here). And the Vatican has known the resignation was invalid since March 2013, when they tried to cover it up (see the report here).

For the complete canonical demonstration of the invalidity of Benedict’s resignation, see PPBXVI.org

FOR THE LOVE OF JESUS CHRIST, therefore, please spread the news to the whole Catholic World!

 

 

 

 

Bergoglio concedes that Benedict is still the Pope

CRTN.COM_

We republish the words of Bergoglio, without comment, as their meaning is obvious:

How usurpation of the Papacy leads to the excommunication of the participating Cardinal Electors and Bishops

by Br. Alexis Bugnolo

gty_cardinals_conclave_ll_130227_wmain

Canon 359 expressly withdraws authority from the College of Cardinals to elect a Pope, when the Papal Office is still retained by another: there being no sede vacante. To call a conclave when there is still a true Pope, thus, is illicit. To elect another is to participate actively and immediately in the crime of the usurpation of the Papal Office.

Usurpation is the crime whereby someone without a legitimate claim, lays hold upon or claims an office which is not his.  In the 1983 Code of Canon Law, Usurpation is discussed under several canons, usurpation of office in canon 1381.

Though the crime of usurping the papacy is not named in the code expressly — since it has not occurred for centuries, those participating in such a crime can still be excommunicated latae sententiae out of the consequences of such an act, and this in two ways: 1) by the Anti-Pope ordaining bishops and collaborating with him in that, 2) by the crime of schism.

The first regards the crime of usurpation itself in the act of ordaining Bishops.

The worse crime of usurpation mentioned explicitly in the code is in canon 1382:

Can. 1382 — A bishop who consecrates some one a bishop without a pontifical mandate and the person who receives the consecration from him incur a latae sententiae excommunication reserved to the Apostolic See.

Pope John Paul II cited this canon to declare that Archbishop Marcel Lefebvre, the founder of the Society of Saint Pius X, was excommunicate on account of his ordination of their 4 Bishops. Bergoglio cited this same canon to “excommunicate” Bishop Williamson, after he was reconciled by Pope Benedict XVI, who undid John Paul II’s excommunication.

This applies to Anti-Popes, inasmuch as not being the legitimate successors of Saint Peter, their ordaining of Bishops is without true pontifical mandate.  It also applies to Bishops who ordain those nominated by Bergoglio, since they too have no true pontifical mandate to act.

Accomplices of both are also punished by the same punishment, as is clear from canon 1329.

Can. 1329 — §1. If ferendae sententiae penalties are established for the principal perpetrator, those who conspire together to commit a delict and are not expressly named in a law or precept are subject to the same penalties or to others of the same or lesser gravity.

§2. Accomplices who are not named in a law or precept incur a latae sententiae penalty attached to a delict if without their assistance the delict would not have been committed, and the penalty is of such a nature that it can affect them; otherwise, they can be punished by ferendae sententiae penalties.

Since the excommunication leveled in canon 1382 takes place immediately without the necessity of any public declaration by any authority, in accord with Canon 1329 §2 all the Cardinals involved in the uncanonical election of an Anti-Pope are also ipso facto excommunicated, since they participate intimately and immediately in his claim to exercise the pontifical mandate.

While it can be argued that those in substantial error as to the invalidity of Benedict’s resignation ought not be excommunicated, because they had good will, they must confront canon 15, which says in § 2: Ignorance or error about a law, a penalty, a fact concerning oneself, or a notorious fact concerning another is not presumedThus, as soon as any Cardinal Elector sees that Benedict resigned the ministerium, not the munus, and that Canon 322 §2 requires the resignation munus — all the while refusing to repudiate the validity of that resignation — he becomes indisputably culpable of the usurpation of the Papal office by way of consent to uphold Bergoglio’s claim to exercise the pontifical mandate, and as such, merits punishment under canons 1382 and 1329 §2.

The second way to excommunication latae sententiae, is through the crime of schism.

Cardinals and Bishops participating in supporting an Anti-Pope are also involved in the crime of schism, since they formally separate themselves from communion to the true Pope. Thus they are also subject to excommunication from canon

Can. 1364 — §1. Without prejudice to the prescript of can. 194, §1, n. 2, an apostate from the faith, a heretic, or a schismatic incurs a latae sententiae excommunication; in addition, a cleric can be punished with the penalties mentioned in can. 1336, §1, nn. 1, 2, and 3.

Thus, the controversy over the invalidity of Pope Benedict’s resignation becomes one of the greatest import for Catholics, to know who is truly their pastors and who are truly schismatics and excommunicates.  This is not a joking matter, and any Cardinal or Bishop who treats it as such, should be sternly reminded of such.

Presumption and Silence

Finally, it needs to be pointed out, that whereas there is a presumption of validity of every Conclave, in the event of the death of the Roman Pontiff, however, in the case of a papal resignation, there is no such presumption, and since it is the grave duty of the Cardinals to act in accord with Canon Law in the election of the Roman Pontiff, they had the grave and solemn duty to verify that the resignation of Pope Benedict was in conformity with Canon 332 §2.  If they did verify that, why have they never admitted to having verified it? And if they did not, they ostensibly become culpable of usurpation out of negligence in so grave a duty.

Indeed, the Vatican is full of Doctors of Canon Law, but to my knowledge neither in February of 2013 nor in the following six years, as any Canon Lawyer from the Vatican published any study showing that Non solum propter effects a valid resignation in conformity to canon 322 §2. Nor does it seem that anyone in the Diplomatic Corps asked the Vatican for such a verification.* Nor does it seem that the Italian Government, bound by the Lateran Treaty to uphold only constitutional governments in the Vatican, ever asked for such a verification or explanation. — If this be true, its of the gravest indications that the resignation was never put to any kind of rational scrutiny, but was presumed to be valid by a bunch of giddy men who wanted Benedict out of the way.


For my Scholastic Disputation on the Papal Act of February 11, 2013, see here in English, and here in Spanish translation. For a summary of the Canonical Argument against validity, see Veri Catholici, here in English, and here in Italian translation.

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Image Credits:  Getty Images, Conclave of March 2013.

* For example, Eduard Hapsburg, the Ambassador of Hungary to the Vatican, recently insulted Catholics who question the validity of the resignation. But when asked for a verification of the resignation, remained utterly silent.

Whether, with all Cardinal electors defecting, the Roman Church has the right to elect the Pope?

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By Alexis Bugnolo

In High Scholasticism, the Catholic Theologians, Saints and Doctors of the Church often considered many questions which were speculative, either in regard to what was true but unknowable by man (being hid in the mystery of God) or what could be in a special circumstance which may or may not ever come to be. As founder of The Scholasticum, an Italian non profit dedicated to the revival of the Scholastic Method, I believe that the Scholastic Method can greatly assist the Church even in Her most pressing needs and extraordinary crises. For that reason, I present here a Disputed Question, the import of which may arise, if His Holiness Benedict XVI pass to the Lord before Jorge Mario Bergoglio, and then only if, at such a time, the Cardinals holding fast to the faulty notion that Benedict’s resignation was valid, fail to convene within 20 days to elect his successor. For in accord with the current law on Papal Elections, Universi Dominici Gregis, n.37  Cardinals who do not attend a Conclave with that period no longer have their votes counted. (All references are to the new Code of Canon Law, Latin text; and the papal law on electing the Pope, Latin test.)

Whether, with all Cardinal electors defecting, the Roman Church has the right to elect the Pope?

And it seems that she does not:

1. For only the Cardinals of the Roman Church have the right to elect the Roman Pontiff, according to what is stated in Canon 349, where it says cui competit ut electioni Romani Pontificis provideat ad normam iuris peculiaris.  Therefore, since the Roman Church includes those Cardinals, Bishops and Clergy who are not Cardinal Electors, they have no such right. Therefore, the Church of Rome has no right to elect a Pope, even if all the Cardinal Electors fail to elect one.

2. Likewise, since the College of Cardinals has no authority during a Sede Vacante to act other than what is provided for in special law, namely, in the Law for Papal Elections, Universi Dominici Gregis, and this according to Canon 359, which reads: Sede Apostolica vacante, Cardinalium Collegium ea tantum in Ecclesia gaudet potestate, quae in peculiari lege eidem tribuitur; It follows that neither does the Roman Church, because what is denied a superior, is denied also to the inferior. But the College of Cardinals is denied license to act in any other way that what is proscribed in law, therefore also the entire Church of Rome which is inferior to the College.

3. Likewise, since the papal law, Universi Dominici Gregis, n.4, expressly forbids any variation or alteration in law during a Sede Vacante, when it says: Sede Apostolica vacante, leges a Romanis Pontificibus latas non licet ullo modo corrigi vel immutari, neque quidquam detrahi iis sive addi vel dispensari circa partes earum, maxime eas, quae ad ordinandum negotium electionis Summi Pontificis pertinent. Si quid contra hoc praescriptum fieri vel attentari contigerit, id suprema Nostra auctoritate nullum et irritum declaramus; there is nothing which the Roman Church can do, even if all the Cardinals defect, since there is no provision in Canon Law for such action.

4. Likewise, the ancient right of the Roman Church to elect the Roman Pontiff was abrogated when that right was restricted to the Roman Clergy, and again, when that right was further restricted to the Cardinals of the Roman Church. Therefore, no such right exists.

5. Likewise, the ancient right of the Roman Church to elect the Pope was no more than a custom of the Roman Church. But laws of custom have no force if they have not been observed for 1300 years (cf. Canon 26). Therefore, the Roman Church has no such right.

ON THE CONTRARY:

It seems that she does:

1. By Apostolic Institution of the Apostle Saint Peter, the Roman Church undubitably enjoyed the right to elect the Roman Pontiff.  This right was restricted by special degree in the 7th century to the Roman Clergy, and in 11th century to the Cardinals of the Roman Church. Yet such a restriction which was prudential and a benefice cannot extinguish the apostolic right, in accord with the principle of law, which states that general prescriptions take precedence to special benefices: Generale praescriptum beneficio speciali anteferendum est (Theodosian Code: DEM AAA. VICTORIO P(RO)C(ONSULI) ASIAE). Therefore, in the case that there are no Cardinal Electors, whether in fact or by defection to an Anti-Pope, or to a Heretical or Schismatic Church, the apostolic right of the Roman Church revives. Therefore, the Roman Church has such a right in their absence.

2. Likewise, by the Code of Canon Law, which declares that all rights which have never been revoked remain in force, according to canon 4, which reads: Iura quaesita, itemque privilegia quae, ab Apostolica Sede ad haec usque tempora personis sive physicis sive iuridicis concessa, in usu sunt nec revocata, integra manent, nisi huius Codicis canonibus expresse revocentur; but the right to elect the Roman Pontiff was indubitably granted by the Apostle Saint Peter to the Roman Church, and that right has never been revoked. Nay, it is the very justification and inherent principle maintained when the Roman Synod in the 7th century restricted the exercise of that right to the Clergy, and when the Pope in the 11th century restricted it further to the College of Cardinals. This is confirmed by canon 6 §4, which restricts the abrogation of previous laws and rights to those things which are integrally expressed in the New Code. But such case, of having no Cardinal Electors, is not provided for. Therefore, it is not integrally included. Therefore, the rights to be referred to in such a case are NOT obrogated. Therefore, that right remains in force always to be revived.

3. Likewise, the ancient right of the Roman Church to elect the Roman Pontiff was ever held to have the force of law. This is self evident from history. But as canon 25, teaches: Nulla consuetudo vim legis obtinet, nisi a communitate legis saltem recipiendae capaci cum animo iuris inducendi servata fuerit. But, such is the case with the ancient right of the Roman Church, especially since when this right was restricted, the ancient reason for it was never denied or explicitly abrogated. This is proven by the fact that the Cardinals are still called Cardinals of the Holy Roman Church. Therefore, in the absence of all Cardinals, whether by bad will or substantial error, the right returns to the Roman Church.

4. Likewise, custom is the best interpreter of law (Canon 27). But, when Pope John Paul II was near death, the Cardinals and Bishops in his presence presumed his consent to use his signet ring to appoint Bishops which he had already considered for nomination. And no one in the Church objected to this. Therefore, it is right to presume the consent of a lawgiver, in cases in which he never foresaw. But such is the case of a substantial error in a papal resignation, when all the Cardinals fail to notice that substantial error and are consequently led not to convene in Conclave to elect a successor, but cleave instead to an Anti-Pope which they elected uncanonically during the lifetime of the Pope. Therefore, in such an unforseen and extraordinary case, the Roman Church has a right to have recourse to the ancient law.

5. Likewise, from the principle of subsidiarity, that, namely, when a higher or more dignified part of the body politic fail, the right to act passes to the subordinate authority. This is based on the teaching of Pope Pius XI in Quadragesimo Anno: Just as it is gravely wrong to take from individuals what they can accomplish by their own initiative and industry and give it to the community, so also it is an injustice and at the same time a grave evil and disturbance of right order to assign to a greater and higher association what lesser and subordinate organizations can do. For every social activity ought of its very nature to furnish help to the members of the body social, and never destroy and absorb them. It is also supported by Pope John Paul II’s Papal Law on Elections, Universi Domini Gregis, where in the Prologue, the Holy Father says expressly that the College of Cardinals is “not necessary” as an institution “for a valid papal election”. — Thus, with all the Cardinals failing, it would be wrong to deny what the lesser and subordinate organization, the Roman Church, can do. Therefore, if all the Cardinal Electors fail to act on account of an obstruction which they themselves cannot or fail to remove, the Roman Church, as the entity to which they belong by incardination, receives license to resort to the Apostolic right which it has ever enjoyed, in part or whole, of electing the Roman Pontiff.

6. Likewise, from the Code of Canon Law itself, in canon 28: nisi expressam de iis mentionem faciat, lex non revocat consuetudines centenarias aut immemorabiles; hence, since the apostolic right of the Roman Church is of time immemorial, and since that right is not expressly revoked in the present Code, it remains in force, in due circumstances. But the absence of all Cardinals Electors is not only a due circumstance, but one which puts the very constitution of the Church in the gravest danger, since the Office of Saint Peter is not only useful but necessary for the salvation of souls. Therefore, such a right cannot be considered abrogated by the new Code nor by the papal law on the Election of the Roman Pontiff, even if it seems to be expressly abrogated. Therefore, the Roman Church has such a right, in such circumstances.

RESPONDEO:

I RESPOND:  It must be said, that whether by good will or bad, the act of electing a Roman Pontiff during the life time of a validly elected Roman Pontiff is both a crime against God and against the unity of the Church. It is a crime against God, since Christ has ordained only one man to be pope at any given time. Its a crime against the unity of the Church, since it causes a de facto schism between those who adhere to the true Pope and those who adhere to usurper and false pretender.  Now, even if the Cardinals who do this, do so without malice, but operate under substantial error, nevertheless before the law they must be held to be guilty of the sin and crime of schism, whereby they lose every office and privilege in the Church.

Now the Roman Church, which has ever held the right by apostolic privilege of electing the Roman Pontiff, enjoys in a special way the promise and right granted by Our Lord when He declares that “the Gates of Hell shall never prevail against My Church.” But the Gates of Hell would prevail against the Roman Church if she were deprived of a validly elected Pope and forced to submit to a pertinacious public heretic, apostate or Freemason.  Therefore, the Church of Rome has the right to elect the Roman Pontiff, in the special case wherein all the Cardinal Electors fail to exercise their right to do so. But in accord with the papal law, Universi Dominici Gregis, this right must be exercised within 20 days after the death of the Roman Pontiff.

Therefore, if Pope Benedict XVI dies before Jorge Mario Bergoglio, and after 20 days no Cardinal Elector convenes in Conclave to elect his successor, the Roman Church, composed of all the Cardinals, Bishops and Clergy, incardinated in the Diocese of Rome, excluding those who adhere to the de facto schism, have the right to elect the Roman Pontiff.

For this reason, the arguments to the contrary are to be accepted, which sufficiently refute the arguments which contradict them.