Saturday, November 30, 2019

Canon Law Expert on Benedict's Resignation: "[T]he Petrine Succession [is]... like the Last Will and Testament" not "Matrimony... Contractual Law"

One of the great heroes in the present crisis canon law expert Br. Alexis Bugnolo recently stated:

"I think, humanly speaking, most canonists only have habitual experience of the canonical proceedures in annulment cases which regard the Sacrament of Matrimony, which falls under the norms of contractual law."

"But the Petrine Succession is totally different. It is not a sacrament nor a vow kind of a thing. It's like the last will and testament of your father. If he did not say he gave it to you, you do not get it. Some other sibling gets it. Or his estate keeps it."

"Benedict gave away the ministerium, the doing of the office."

"But he never on any occasion before during or after Feb 11, 2013 said he gave away the munus petrinum."

"That means that the Petrine Succession has not yet occurred. The train left the station with all the Cardinals and hoopla, but Benedict and his papal office are still on the platform."

Br. Bugnolo stated this in the comment section of the Catholic Monitor to this article:

Does Canon 17 Refute LifeSiteNews' Theologian: "Benedict [must have]... thought: I only want to resign the Ministerium if it is in fact distinct from the Munus"?
LifeSiteNews' anonymous theologian on Pope Benedict XVI's resignation according to the website claims that Benedict's abdication could only be invalid if he thought ministerium and munus were "distinct":

"Benedict's abdication would be invalid only if he had in his mind the thought: 'I only want to resign the ministerium if it is distinct from the munus.'"
(LifeSiteNews, "Did Benedict really resign? Ganswein, Burke and Brandmuller weight in," February 14, 2019)

Canon law expert Br. Alexis Bugnolo appears to says this is not a correct way to legally approach the resignation because canon law requires an objective reading of what the two words mean using canon 17's criteria and not a subjective reading of what the two words may possibly have meant in the mind of Benedict:

"Canon 17 requires that Canon 332 S2 be read in accord with the meaning of canon 145 S1  and canon 41... requires that ministerium and munus be understood as referring to two different things."
(From Rome, "Ganswein, Brandmuller & Burke: Please read Canon 17, February 14, 2019)

Canon lawyer Edward Peters explains "Canon 17... states 'if the meaning [of the law, and UDG is a law] remains doubtful and obscure, recourse must be made to parallel places."
(Catholic World Report, "Francis was never pope? Call me unpersuaded," September 28, 2017)

I studied some law in college and I am not in any way a canon lawyer, but this is my understanding of what the LifeSiteNews' theologian and Br. Bugnolo are saying.

Pray an Our Father now for the restoration of the Church.

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