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Mazza: Was Benedict's "Munus Petrinum" Resignation "Erroneous" similar to Erroneous "Attempts at Marriage"? Might Pope Benedict's Resignation, so to speak, need an Annulment due to Impediments?

Cag University Faculty of Law VII. - ppt download

Catholic historian Edmund Mazza explains why Pope Benedict XVI's resignation appears to be in "substantial error" and is therefore not a valid "papal resignation": 

De Mattei writes:

This doctrine [the distinction between Power of Order and Power of Jurisdiction]…has also been the common practice of the Church for twenty centuries, can be considered one of divine law, and as such unchangeable.[xxvi] Vatican Council II did not explicitly reject the concept of “potestas,” but set it aside, replacing it with an equivocal new concept, that of “munus.” Art. 21 of “Lumen Gentium” then seems to teach that episcopal consecration confers not only the fullness of orders, but also the office of teaching and governing, whereas in the whole history of the Church the act of episcopal consecration has been distinguished from that of appointment, or of the conferral of the canonical mission. This ambiguity is consistent with the ecclesiology of the theologians of the Council and post-council (Congar, Ratzinger, de Lubac, Balthasar, Rahner, Schillebeeckx…) who presumed to reduce the mission of the Church to a sacramental function, scaling down its juridical aspects…

Ratzinger…distanced himself from tradition when he saw in the primacy of Peter the fullness of the apostolic ministry, linking the ministerial character to the sacramental (J.Auer-J. Ratzinger, La Chiesa universale sacramento di salvezza, Cittadella, Assisi, 1988).[xxvii]

Benedict would counter that Vatican II taught that “collegiality is not based on a papally conferred jurisdiction, paralleling the sacrament of ordination as though that sacrament were merely an individual gift; rather, collegiality reaches into the very essence of the sacrament, which as such carries within it an intrinsic correlation to the community of bishops.”[xxviii] Or again, “the sacramental-ontological munus…ought to be distinguished from the canonical-juridical aspect.” This is why Benedict went to great pains NOT TO RENOUNCE THE PETRINE MUNUS AS SUCH in his 2013 “Declaratio.”[xxix]

But Vatican II was referring to the episcopacy, not the papacy.

The ultimate question then is whether what was subjectively in Benedict’s mind was an accurate or erroneous understanding of the objective reality of the munus Petrinum in the Church’s ecclesiology. If one’s will acts on an erroneous appraisal presented to it by one’s reason, the WILL DOES NOT CHOOSE FREELY. Mistakes of this kind are most frequent in attempts at marriage. Marriage is an objective state of being that does not come into existence except from a free act of the will, which is dependent upon accurate knowledge:

error invalidates the act if it is an error concerning the substance of the act…Error affects consent, for the will in an act of consent elects an object presented to it by the mind. If the mind is in error, the object is imperfectly or incorrectly presented and choice made upon such a premise is not always the same choice that would have been made if the object were correctly known.[xxx]

And we might add in closing, that according to the Church’s law, a resignation must also be “properly manifested” in order to be valid. But since objectively Benedict renounced “the ministry” of Bishop of Rome, and not the “munus,” there is ambiguity—not clear manifestation. In fact, even if ministry meant the same thing as munus in canon law (which it does not), or even if Benedict had explicitly mentioned “the munus” of Bishop of Rome, we could not be sure whether he meant munus as office [potestas iurisdictionis] in accord with canon law and centuries of tradition or if he meant munus as rite [potestas ordinis], which he has argued for decades is irrevocable:

The ministry [munus] of the bishop is not an externally assigned “administrative power,” but rather arises from the necessary plurality of the eucharistic communities (i.e., of the Churches in the Church) and, as representing these, is itself sacramentally based. The ruling of the Church and its spiritual mystery are inseparable. Only by dealing with this issue in such depth does the text [LG 22] make possible a “decentralization” of the Church that will progress beyond a merely opportunistic organizational change and move into the sphere of genuine spiritual renewal. [https://www.edmundmazza.com/2021/04/21/leave-the-throne-take-the-ministry-the-sacred-powers-of-pope-emeritus/]

So to speak, it appears that Mazza is saying that Benedict needs an annulment from his erroneous "attempt at" resignation. Here are some impediments to a valid marriage:

Impediments

If one of the parties were prohibited from marrying by a diriment impediment (from the Latin for "interrupting"), the marriage is invalid. Because these impediments may not be known at all, the marriage is called a putative marriage if at least one of the parties married in good faith.

Diriment impediments include:

Here are some grounds for nullity:

Grounds for nullity

A marriage may be declared invalid because at least one of the two parties was not free to consent to the marriage or did not fully commit to the marriage.

Grounds for nullity include:

  • Simulation of consent; that is, the conscious and positive exclusion at consent by either or both of the contracting parties of one or all of the essential properties or "goods" of marriage: a) exclusivity of the marital relationship; b) the permanence of the marital bond; c) openness to offspring as the natural fruit of marriage (canon 1101§2)
  • Deliberate deceit about some personal quality that can objectively and gravely perturb conjugal life (canon 1098)
  • Conditional consent, if the condition at the time of marriage concerns the future, or if it concerns the past or present and is actually unfulfilled (canon 1102[20])
  • Force or grave fear imposed on a person to obtain their consent (canon 1103)
  • A serious lack of the discretion of judgment at consent concerning the essential matrimonial rights and duties mutually to be handed over and accepted (canon 1095 n.2)
  • Psychic incapacity at consent to undertake the essential obligations of marriage (canon 1095 n.3). [https://en.wikipedia.org/wiki/Declaration_of_nullity]
Pray an Our Father now for reparation for the sins committed because of Francis's Amoris Laetitia.

Pray an Our Father now for the restoration of the Church as well as the Triumph of the Kingdom of the Sacred Heart and the Immaculate Heart of Mary.

Stop for a moment of silence, ask Jesus Christ what He wants you to do now and next. In this silence remember God, Father, Son and Holy Ghost - Three Divine Persons yet One God, has an ordered universe where you can know truth and falsehood as well as never forget that He wants you to have eternal happiness with Him as his son or daughter by grace. Make this a practice. By doing this you are doing more good than reading anything here or anywhere else on the Internet.

Francis Notes:

- Doctor of the Church St. Francis de Sales totally confirmed beyond any doubt the possibility of a heretical pope and what must be done by the Church in such a situation:

"[T]he Pope... WHEN he is EXPLICITLY a heretic, he falls ipso facto from his dignity and out of the Church, and the Church MUST either deprive him, or, as some say, declare him deprived, of his Apostolic See."
(The Catholic Controversy, by St. Francis de Sales, Pages 305-306)


Saint Robert Bellarmine, also, said "the Pope heretic is not deposed ipso facto, but must be declared deposed by the Church."
[https://archive.org/stream/SilveiraImplicationsOfNewMissaeAndHereticPopes/Silveira%20Implications%20of%20New%20Missae%20and%20Heretic%20Popes_djvu.txt]

- "If Francis is a Heretic, What should Canonically happen to him?": http://www.thecatholicmonitor.com/2020/12/if-francis-is-heretic-what-should.html

- "Could Francis be a Antipope even though the Majority of Cardinals claim he is Pope?": http://www.thecatholicmonitor.com/2019/03/could-francis-be-antipope-even-though.html

- If Francis betrays Benedict XVI & the"Roman Rite Communities" like he betrayed the Chinese Catholics we must respond like St. Athanasius, the Saintly English Bishop Robert Grosseteste & "Eminent Canonists and Theologians" by "Resist[ing]" him: https://www.thecatholicmonitor.com/2021/12/if-francis-betrays-benedict-xvi.html 

 -  LifeSiteNews, "Confusion explodes as Pope Francis throws magisterial weight behind communion for adulterers," December 4, 2017:

The AAS guidelines explicitly allows "sexually active adulterous couples facing 'complex circumstances' to 'access the sacraments of Reconciliation and the Eucharist.'"

-  On February 2018, in Rorate Caeli, Catholic theologian Dr. John Lamont:

"The AAS statement... establishes that Pope Francis in Amoris Laetitia has affirmed propositions that are heretical in the strict sense."

- On December 2, 2017, Bishop Rene Gracida:

"Francis' heterodoxy is now official. He has published his letter to the Argentina bishops in Acta Apostlica Series making those letters magisterial documents."

Pray an Our Father now for the restoration of the Church by the bishops by the grace of God.

Election Notes:  

- Intel Cryptanalyst-Mathematician on Biden Steal: "212Million Registered Voters & 66.2% Voting,140.344 M Voted...Trump got 74 M, that leaves only 66.344 M for Biden" [http://catholicmonitor.blogspot.com/2020/12/intel-cryptanalyst-mathematician-on.html?m=1]

- Will US be Venezuela?: Ex-CIA Official told Epoch Times "Chávez started to Focus on [Smartmatic] Voting Machines to Ensure Victory as early as 2003": http://catholicmonitor.blogspot.com/2020/12/will-us-be-venezuela-ex-cia-official.html

- Tucker Carlson's Conservatism Inc. Biden Steal Betrayal is explained by “One of the Greatest Columns ever Written" according to Rush: http://catholicmonitor.blogspot.com/2021/01/tucker-carlsons-conservatism-inc-biden.html?m=1
 
- A Hour which will Live in Infamy: 10:01pm November 3, 2020:
http://www.thecatholicmonitor.com/2021/01/a-hour-which-will-live-in-infamy-1001pm.html?m=1
 
What is needed right now to save America from those who would destroy our God given rights is to pray at home or in church and if called to even go to outdoor prayer rallies in every town and city across the United States for God to pour out His grace on our country to save us from those who would use a Reichstag Fire-like incident to destroy our civil liberties. [Is the DC Capitol Incident Comparable to the Nazi Reichstag Fire Incident where the German People Lost their Civil Liberties?: http://catholicmonitor.blogspot.com/2021/01/is-dc-capital-incident-comparable-to.html?m=1 and Epoch Times Show Crossroads on Capitol Incident: "Anitfa 'Agent Provocateurs'":
http://catholicmonitor.blogspot.com/2021/01/epoch-times-show-crossroads-on-capital.html?m=1

Pray an Our Father now for the grace to know God's Will and to do it.
 
Pray an Our Father now for America.
 
Pray an Our Father now for the restoration of the Church as well as the Triumph of the Kingdom of the Sacred Heart and the Immaculate Heart of Mary.

Comments

Michael O'Hearn said…
My argument is that the 1983 changes in canon law did not in any way alter the requirements for a valid papal resignation.

Dr. Mazza’s explanation of Benedict’s conception of the papal office as forever gift conferred by God is accurate. This also explains why Benedict did not refer to munus in his declaratio of February 2013.

Benedict’s explanation a la nouveau theologie seems to be that the later distinction incorporating a separate concept of potestas iurisdictionis was in fact a medieval accretion imposed by the exigencies inherent in the feudal system set up in Europe after the fall of the Roman Empire, and not without a secular purpose.

One can look at the papal prerogatives in either sense without necessitating the nullification of the resignation.
Fred Martinez said…


On Nov 18, 2021, Michael O'Hearn said: Father Kramer asserts [The Case Against Bergoglio, digital version page 479]: ““The incontestable fact that Pope Benedict XVI has maintained some claim on his papal munus proves absolutely, that he remains in full possession of the primacy as a result of the conditionality of his renunciation of the munus.

Michael O'Hearn commented on "Flashback: "Saruman" Taylor Marshall's False Dichotomies on Francis"
Nov 18, 2021
Father Kramer asserts [The Case Against Bergoglio, digital version page 479]: ““The incontestable fact that Pope Benedict XVI has maintained some claim on his papal munus proves absolutely, that he remains in full possession of the primacy as a result of the conditionality of his renunciation of the munus. The reason for this is that the nature of the papacy is such, that the actual holder of the office possesses the primacy in virtue of the Petrine munus which he possesses in its absolute and indivisible fullness, so that a pope who would attempt to renounce the papal office by an act that lacks a total and unconditional renunciation of the munus, by the very act of his stipulating a qualifying condition of the renunciation, whereby the intention is asserted in the act, to retain anything whatsoever of the munus he received from Christ upon his election, albeit only “spiritual” and not jurisdictional, nullifies the act in virtue of the fatal equivocation brought about by the logical opposition of contradictory assertions made in the act.” Excerpt From On the true and false pope Paul Kramer https://books.apple.com/us/book/on-the-true-and-false-pope/id1595649148 This material may be protected by copyright.
Michael O'Hearn said…
Someone in Italy alleges or good authority that there will be mourning in Rome after the Pope returns. This may the beginning of penance to correct the moral and theological errors of this papacy.

I contend that God does accept Benedict’s resignation and so reject the sedevacantist conclusions reached by some.
Aqua said…
Michael O’Hearn said “ My argument is that the 1983 changes in canon law did not in any way alter the requirements for a valid papal resignation”.

You didn’t make an argument. You made a declaration. What is the argument?
Aqua said…
Michael O’Hearn:

Canon 332.2: “Canon 332 §2 of the Code of Canon Law provides that: “[i]f it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone.”
Michael O'Hearn said…
Aqua. Laws only regulate human activities. If God accepts the resignation, therefore it must be so. This ultimately determines the answer to the question. The argument with respect to canon law has disappeared unfortunately. Someone obviously more interested in division than in getting to the truth.
Aqua said…
Michael O’Hearn: Sorry, that is no argument at all. It is called circular logic, which is a fallacy.

He resigned because God accepted his resignation. How do we know God accepted His resignation? Because he resigned.

You have not answered the Canonical question - which is very, very simple - it required one sentence and equivalent action: “I resign the Munus. I am no longer Pope but Father Ratzinger. Good bye”.

But that didn’t happen, did it?
Unknown said…
Info alert! It seems wikileaks is providing us all its files, publicly and for free:
https://file.wikileaks.org/file/?fbclid=IwAR2U_Evqah_Qy2wxNY12FMqFC5dAFUcZL5Kl4FIfQuMFMp8ssbM46oHXWMI

Ivan

 

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