CANON 41 GIVES EVERY CATHOLIC THE RIGHT TO DECLARE BERGOGLIO AN ANTI-POPE
by Br. Alexis Bugnolo
Today, Marcy, 13, 2020, is the 7th anniversary of the usurpation of the Papacy by Cardinal Jorge Mario Bergoglio, the anti-pope.
And every Catholic has the right to say, what I just said. He also has the duty. But first, let me discuss the right.
Don’t fall for the lie pandered to the gullable, that the laity do not in this case have the right to judge who is and who is not the true pope.
In the case of Bergoglio, Canon Law actually refutes such a lie.
This is because, Pope Benedict XVI never resigned the papacy. He never resigned, because to renounce the papal office, in Canon Law, you have to renounce the munus of the Roman Pontiff. But Pope Benedict XVI only renounced the ministerium which had been entrusted to him by the Cardinals, the day he was elected as Roman Pontiff.
As I explained in my previous article for the 7th Anniversary, that means Pope Benedict XVI is still the pope.
But that also means that YOU, each of you, whomsoever you are, big or small, important or unknown, practicing or not practicing, clergy or lay, religious or consecrated, married or single, employed or unemployed, whether you attend the mass in the local language or in Latin, ALL of you have the right to say that Benedict XVI is still the pope.
I do not say this, on the basis of the fact that Benedict XVI did not renounce according to the norm of Canon 332 §2, but on the basis of Canon 41.
Canon 41 Saves the Church in the present hour
This is because, by renouncing the ministerium instead of the munus, Pope Benedict XVI posited an administrative act, not a juridical act.
In canon law, a juridical act is the act of someone with jurisdiction which makes a change in law or establishes a law or issues a sentence or penalty. Juridical acts are described in the Code of Canon Law in canons 125 ff..
But since Pope Benedict XVI renounced the ministry, which is not any sort of juridical act mentioned in the Code of Canon Law, and because his renunciation regards the ministry not the papal office, his act falls in the category of an administrative act. Administrative, means anything and all which regards ministry.
As an administrative act, then, each of us Catholics has the duty and right when receiving it, to judge if it be valid, and if so, to refuse it. This is enshrined in Canon 41 which reads:
Can. 41 – Exsecutor actus administrativi cui committitur merum exsecutionis ministerium, exsecutionem huius actus denegare non potest, nisi manifesto appareat eundem actum esse nullum aut alia ex gravi causa sustineri non posse aut condiciones in ipso actu administrativo appositas non esse adimpletas; si tamen actus administrativi exsecutio adiunctorum personae aut loci ratione videatur inopportuna, exsecutor exsecutionem intermittat; quibus in casibus statim certiorem faciat auctoritatem quae actum edidit.
Which in English means:
Canon 41 – The executor of an administrative act to whom there is committed the mere ministry of execution, cannot deny the execution of the act, UNLESS it appears from something manifest that the act itself is NULL or cannot be sustained on account of another grave cause or that the conditions laid forth in the administrative act itself have not be fulfilled; however, if the execution of the administrative act seems inopportune by reason of the persons or place adjoined, the executor may omit the execution; in which cases let him bring the matter to the attention of the one who issued the act.
As subjects of the Roman Pontiff, his decision to resign or not is a decision which we cannot judge according to its existence. We must accept that. But Canon 41 grants us the right and authority to judge whether a renunciation of ministry is an administrative act which is to be executed by us.
A renunciation of ministry is simply the decision of a superior to omit the fulfillment of his duties. It can occur because he is sick, wants to take a vacation, is busy with family matters, etc.. Normally, a Bishop does not issue a statement about such matters. But it does not change the nature of the act, whether he do so or not.
However, such a renunciation does not cause him to lose his office as our superior. Because the fulfillment of duties is one thing, the office of authority is another.
The act of Pope Benedict in renouncing ministerium instead of munus, is an act which is no where found in Canon Law. Therefore it is an actus nullus. That is, it is not a a canonical act. Therefore, each of us is obliged not to act on it. We are also obliged to bring to Pope Benedict’s attention that the act is null.
So the next time they tell you to shut up or stop judging, that you are a sedevacanists, etc. etc. etc., reply, no, I am merely using Canon 41 as is my right and duty, to respond to Pope Benedict XVI’s administrative act in a reasonable and just way.
Finally, you can add that Archbishop Lenga and Bishop Gracida, both Catholic Bishops in good standing, hold the same opinion as yourself.
Oh, and since Pope Benedict XVI still pope, then it follows necessarily that Bergoglio is an Anti-Pope. And you can declare the same thing, in virtue of the consequences of Canon 41.
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