Words have meanings. It is not right simply to conflate munus and ministerium as if they are interchangeable. They are closely tied to each other but they are not synonyms. Not even close.
It is interesting to read the Canon that introduces the figure of the Roman Pontiff, the Pope:
Can. 331 — Ecclesiae Romanae Episcopus, in quo permanet munus a Domino singulariter Petro, primo Apostolorum, concessum et successoribus eius transmittendum, Collegii Episcoporum est caput, Vicarius Christi atque universae Ecclesiae his in terris Pastor; qui ideo vi muneris sui suprema, plena, immediata et universali in Ecclesia gaudet ordinaria potestate, quam semper libere exercere valet. … The bishop of the Roman Church, in whom persists the office given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely. Fr. Z [https://wdtprs.com/2021/06/the-question-of-two-popes-bothers-a-lot-of-people-some-thoughts/]
Canon 17 which states “if the meaning [of a law, and UDG is a law] remains doubtful and obscure, recourse must be made to parallel places” and so on. The pope certainly knew about Canon 17 when he wrote UDG and he expects people who claim to interpret UDG to know when Canon 17 should be applied. - Dr. Ed Peters [https://www.catholicworldreport.com/2017/09/28/francis-was-never-pope-call-me-unpersuaded/]
Dr. Edward Feser said that "arguments claiming to establish the invalidity of Benedict’s resignation are no good. And as canon lawyers like Ed Peters have shown, the arguments claiming to establish that Francis’s election was invalid are also no good." [http://edwardfeser.blogspot.com/2022/05/benedict-is-not-pope-reply-to-some.html]
The link to Peters was the only apparent piece of evidence from a canon lawyer in the post so let's see what was actually said by Peters on canon law on that subject:
Two small but persistent arguments attack the very foundation of Francis’ papacy: first, Benedict XVI’s resignation was invalid (take your pick as to reasons why, but mostly because of pressure allegedly brought on Benedict, as supposedly evidenced by his resignation wording), so there was no vacant Holy See to fill, and so a conclave could not elect a pope; or, second, various irregularities were committed before or during the conclave itself, so the election of Francis was invalid.
Both sets of arguments are offered in inexcusable ignorance of Canon 10 (which sets a high standard indeed for declaring any kind of ecclesiastical acts invalid, etc.), but the arguments alleging the invalidity of Benedict’s resignation are so vacuous that no time will be spent refuting them here. On the other hand, some (okay, basically one) of the claims that irregularities allegedly committed in the conclave itself resulted in an invalid election do have a modicum of plausibility and deserve at least a brief hearing. So here goes.
These latter arguments seem to fall out along three lines, two of which are patently groundless:
Contrary to Universi Dominici Gregi... [https://canonlawblog.wordpress.com/2017/09/28/francis-was-never-pope-call-me-unpersuaded/]
In this post we will not deal with Universi Dominici Gregi, that is the Francis conclave, but only with Feser's statement the "invalidity of Benedict’s resignation [auguments] are no good."
Also, we will not go over Peters above claim against "Benedict XVI’s resignation was [possibly] invalid... because of pressure allegedly brought on Benedict." It was covered in this post: https://www.thecatholicmonitor.com/2022/04/does-feser-think-cd-kasper-canon-law.html .
It appears that Peters in terms of canon law only presents the following evidence in his post:
"Both sets of arguments are offered in inexcusable ignorance of Canon 10 (which sets a high standard indeed for declaring any kind of ecclesiastical acts invalid, etc.), but the arguments alleging the invalidity of Benedict’s resignation are so vacuous that no time will be spent refuting them here."
The canon lawyer mentions Canon 10, but doesn't explain using that canon why as he said he doesn't have "time [to].. refut[e]" the "vacuous" arguments. Obviously, we would love to know his reasons why the arguments are "vacuous," but none are given.
It appears that Feser's canon law argument may possibly need a little more evidence than is shown above unless the argument is based on the authority or expertise of Peters calling stuff "vacuous."
In 2021, the Latinist (Fr. Z) summarized some important points by Catholic scholar Dr. Edmund Mazza for Feser:
Let’s play the mind exercise out a little more and hack through some of the issues which I have heard raised by, for example, Ann Barnhardt, who is without question of the mind that Benedict is still Pope and Francis is a usurper antipope. Along with Ann is a smart fellow with well-articulated arguments, Edward Mazza...
... It seems that… in their view…
Benedict did NOT legitimately resign, because the language he used at the time he announced his resignation is confused. The confused language suggests that Benedict intended to resign the active dimension of his role, his ministerium (for example, doing stuff as Bishop of Rome and doing stuff as Pope to the larger world). However, he did not intend to resign his munus as Vicar of Christ. Much turns on the technical term munus.
The fact is that munus and ministerium do not mean the same thing, though they are often bound together. For example, one carries out a certain ministry in the Church because he holds an office, a munus. Canon law says that the Pope has to resign the munus.
Canon 332 §2: Si contingat ut Romanus Pontifex muneri suo renuntiet, ad validitatem requiritur ut renuntiatio libere fiat et rite manifestetur, non vero ut a quopiam acceptetur. … If it should come to pass that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and that it be properly manifested, but not that it is accepted by anyone.
But Benedict said in his resignation:
Quapropter bene conscius ponderis huius actus plena libertate declaro me ministerio Episcopi Romae, Successoris Sancti Petri, mihi per manus Cardinalium die 19 aprilis MMV commisso renuntiare ita ut a die 28 februarii MMXIII, hora 20, sedes Romae, sedes Sancti Petri vacet et Conclave ad eligendum novum Summum Pontificem ab his quibus competit convocandum esse.… For this reason, and well aware of the seriousness of this act, with full freedom I declare that I renounce the ministry of Bishop of Rome, Successor of Saint Peter, entrusted to me by the Cardinals on 19 April 2005, in such a way, that as from 28 February 2013, at 20:00 hours, the See of Rome, the See of Saint Peter, will be vacant and a Conclave to elect the new Supreme Pontiff will have to be convoked by those whose competence it is.
Words have meanings. It is not right simply to conflate munus and ministerium as if they are interchangeable. They are closely tied to each other but they are not synonyms. Not even close.
It is interesting to read the Canon that introduces the figure of the Roman Pontiff, the Pope:
Can. 331 — Ecclesiae Romanae Episcopus, in quo permanet munus a Domino singulariter Petro, primo Apostolorum, concessum et successoribus eius transmittendum, Collegii Episcoporum est caput, Vicarius Christi atque universae Ecclesiae his in terris Pastor; qui ideo vi muneris sui suprema, plena, immediata et universali in Ecclesia gaudet ordinaria potestate, quam semper libere exercere valet. … The bishop of the Roman Church, in whom persists the office given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely. [https://wdtprs.com/2021/06/the-question-of-two-popes-bothers-a-lot-of-people-some-thoughts/]
In an interview on PCM, Catholic historian Dr. Mazza, a former full professor of history at Azuza Pacific University agreed with Fr. Z that "Words have meanings. It is not right simply to conflate munus and ministerium as if they are interchangeable. They are closely tied to each other but they are not synonyms":
Canon law, as it is generally understood is pretty simple. It says Canon 332 part 2, says “If it happens that the Roman Pontiff renounces his office… “In the original Latin, of the 1983 code of Canon law, the word is munus. If it happens that the Roman Pontiff renounces his munus, it is required for validity that the renunciation is made freely, and be properly manifested.” You know, which is why he gave a declartio on February 11th 2013, but not that it be accepted by anyone at all. It’s not like the pope has to turn in his resignation to a superior. He has no superior. The key thing here is, again he has to renounce his munus, his office. But, now we get back to the sacramental ontological munus versus the canonical juridical munus, if you will. Let me introduce a quote from Joseph Ratzinger from Principles of Catholic theology from 1987, available from Ignatius press. Basically he says, “I disagree with those who teach that “The papacy is not a sacrament that it is only a juridical institution, but this juridical institution has set itself above the sacramental order.”
Let me unpack that. Razinger is arguing that what’s important foremost is the sacramental ontological munus not the “office” that perhaps comes and goes. Obviously, Benedict ruffled a number of feathers with his renunciation and his taking on the office of Pope Emeritus, right? For example, Cardinal Walter Brandmuller, one of the dubia fathers, was very upset. Roberto De Matei, Dr. Matei was upset and Dr. Matei went on record saying, “look there is no such thing as a sacramental papacy. It is only a juridical institution.” Yet we have this quote. And, why is that? You could never lose it if it was sacramental, but you can lose it if it is just a juridical office...
... What does Joseph Ratzinger say? He says, “No, no, no. “I disagree with those people who say the papacy is not a sacrament, that it’s only a juridical institution. That juridical institution has set itself above the sacramental order.” Now here is another quote from Ratzinger right after the counsel. This is from his book Theological highlights of Vatican II, Published 1966 by Paulist Press.
Again another money line. “The ministry of the bishop, meaning munus in Latin is not an externally assigned administrative power, but rather, is itself sacramentally-based. The ruling of the church and its spiritual mystery are inseparable.”
Here’s another interesting quote, I’ll try to weave this in. The very month, February 2013, when Pope Benedict makes this renunciation. Gianfranco Ghirlanda, a Jesuit, the former rector of the Pontifical Gregorian University in Rome, and a very highly respected doctor of law, in of all publications it was Cattolica Civilta, the Jesuit- [La Civilta Cattolica]...
... He says that Ratzinger”s view of the sacramental ontological munus, when applied to the juridical office of the Bishop of Rome, is going to create major problems. Let me give you his exact words. “The greatest difficulty that arises from the affirmation, that the primacial power of the Roman pontiff comes from his Episcopal consecration and not from the acceptance of the election, would be that in the event that the pope resigned from his office, not because of death, he would never lose the power as it is conferred by a sacramental act, which has an indelible character.” Well, this is precisely what Benedict has stated in his interviews with Peter Seewald, why he’s Pope Emeritus, and not simply Bishop Emeritus, or Cardinal. It’s why he still issues apostolic blessings in his own name and why his proper form of address is still His Holiness, but here’s the wrinkle. Ghirlanda and other candidates and theologians not to mention centuries of saints and scholars hold that Ratzinger is just plain wrong and that’s not how it works.
He’s just wrong. Here’s the problem, if Ratzinger had ever been convinced of the real truth of the matter, I argue, he likely, would never have renounced the papacy, seeing as how committed he is to fulfilling his Petrine vow and living only for the Lord and his flock. So what do you call this? This is called substantial error. When your will chooses something based on the fact that your intellect has bad information. This is the theory that I personally hold to, why I think his resignation, or his renunciation was invalid. And I can go into more detail on that. [https://www.thecatholicmonitor.com/2021/10/exclusive-transcription-is-benedict-xvi.html and https://www.thecatholicmonitor.com/2021/10/part-2-of-exclusive-transcription-is.html]
This words of Fr. Z and Dr. Mazza reminded me of a post I wrote in 2019 that asked "Why is LifeSiteNews Afraid to 'Investigate or Report' that apparently Canon 17 'Requires that Ministerium and Munus [must] be Understood as Referring to Two Different Things'?":
On December 6, 2021, LifeSiteNews co-founder
Lifesite has indeed reported on that. Perhaps you are disappointed that we have not taken a firm position on the controversy. As a news agency that is not our role.
[https://www.lifesitenews.com/news/pope-francis-amoris-opening-communion-to-adulterers-is-magisterium-of-the-church]
Unfortunately, this is not exactly true. The news site has never reported on why "in canon law munus is never interchanged with ministerium," but instead spoke about the two words only referring to the "Latin dictionary (Lewis and Short)" and not in referring to the all important canon 17.
Canon lawyer Edward Peters explains canon 17's importance:
"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)
On February 14, 2019, LifeSiteNews admitted that it is possible according to their quoted theologian that Pope Benedict XVI’s resignation could have been invalid. The LifeSiteNews theologian said the "abdication would be invalid only if he had in his mind the thought: 'I only want to resign the ministerium if it is in fact distinct from the munus.'”
But, the "theologian who spoke to LifeSiteNews on condition of anonymity" never mentioned canon 17:
“But ‘ministerium’ doesn’t have to mean acts,” he explained. “The first meaning given to it in the Latin dictionary (Lewis and Short) is ‘office.’ I would say that its basic meaning is ‘an office by reason of which one must perform acts to help others.’”
The theologian noted further that ‘munus’ doesn’t only mean a state. “According to the Latin dictionary, it can also refer to the performance of a duty,” he said. “It was used in this sense by Cicero and there is no more authoritative writer of Latin prose than him.”
"He said the main difference between the words appears to be simply that ‘munus’ connotes more “the burden which the office puts on its bearer,” and ‘ministerium’ connotes more “the reference to other people which the office establishes.”
“But that doesn’t prevent them from referring to one and the same office or state,” he added.
Why then did Pope Benedict say munus at the start of his Latin declaration and ministerium at the end, if he understood them to refer to the same reality? The theologian suggested two possibilities.
“One is simply that people who want to write elegant prose often avoid frequent repetitions of the same word,” he said. “Another is that the word ‘ministerium’ has perhaps a more humble sound to it, since it refers more directly to the papacy in its relation to other people, than as a charge placed on oneself. So having begun by using the official word, ‘munus,’ Benedict moved on to the more humble sounding word.”
The theologian went on to note that while Benedict was aware of theological writings from the 1970’s onward that proposed the Petrine munus could be divided, he is 'not aware of any place where Joseph Ratzinger endorses this thesis.”
He said the lack of clarity about Ratzinger’s position is aggravated by the fact that translators have mistranslated Ratzinger and presented him as endorsing heterodox ideas when in fact he was reporting someone else’s thought rather than expressing his own.
The theologian acknowledged that it is possible that Pope Benedict thought there might be a real distinction between munus and ministerium but was unsure. In that case, he said, 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 in fact distinct from the munus.”
But he said it would be equally possible that, being unsure whether there was a distinction, Benedict could have had in mind the thought: “I want to resign the ministerium whether or not it is distinct from the munus.” In that case, the theologian said he believes the resignation would have been valid."
“In any case,” he said, “I don’t think there is convincing evidence that Benedict thought there was a real distinction between the two things.”
“Again,” the theologian continued, “since according to Canon 15.2, error is not presumed about a law, the presumption must be that he validly renounced the papacy.” [https://www.lifesitenews.com/news/did-benedict-really-resign-gaensweinburke-and-brandmueller-weigh-in]
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.
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