Recently I was wondering if Francis is the legitimate pope or not, and came upon this long ass, but definitely interesting article:
Is Francis or Benedict the True Pope?
It examines the question based on the law of the Roman Catholic Church.
I would recommend it to all people who are interested in the topic.
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What are the issues that have caused some to doubt or deny Francis’ legitimacy? The primary issue concerns the validity of Benedict’s resignation. Some believe he was forced to resign, and that his resignation was not a “free act” (which is required for validity); others point to irregularities in the wording of his resignation, which calls into question his intent (Did he intend to renounce the papal office or only the active exercise thereof?). Another issue that is raised concerns the validity of Francis’ election. Doubts here arise from the publicly admitted conspiracy of the “clerical mafia” (the St. Gallen’s Group) to elect him. Such a conspiracy is not only illicit, but subjects those who take part in it to latae sententiae excommunication. A final issue that causes some to question Francis’ legitimacy is the damage he is doing to the Church, and to souls, through his scandalous and erroneous teachings, which are leading souls astray and confirming others in their errors and sin. This is aggravated by the fact that, unlike his recent predecessors who undermined Catholic doctrine - often under the specious pretext of unity and world peace (the stated goal of the Assisi prayer meetings) - Francis has directed his attack on the natural law itself, under the specious pretext of mercy and compassion for sinners.
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While there is no question that Francis’ papacy has been a disaster, some have argued that Benedict is more dangerous than Francis, since his sheep’s clothing is apparently far more convincing. Which is more dangerous, one who under a “traditional’ veneer subtly deceives those with the faith and leads them into error, or one who, easily recognized as a wolf by true faithful, confirms, in their error, those who are already entangled therein? The point is that the papal controversy is not between a solid traditional Pope (Benedict) and a liberal Pope (Francis), but rather between two men who are cut from the same Modernist cloth.
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During Benedict XVI’s Coronation Mass, on April 24, 2005, the newly-elected Pope said: “Pray for me, that I may not flee for fear of the wolves.” Less than eight years later, Benedict would be the first Pontiff in over seven centuries to resign from the papacy. Some have speculated that this resignation was a self-fulfilling prophecy for Benedict, and that he was fleeing from the wolves that he knew surrounded him.
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Was it a Free Act?
...the consensus of the Church is not necessary for a Pope to resign. All that is required is that the resignation “is made freely and properly manifested.”
In light of the Vatileaks scandal and the 300-page two-volume dossier delivered to Benedict the day before he resigned, documenting corruption, blackmail and an underground homosexual network within the Vatican (a dossier which magically disappeared from the news following the announced resignation), coupled with allegations that the SWIFT banking system had blocked all financial transactions in Vatican City (only to unlock after Benedict announced his resignation), some have understandably speculated that Benedict’s resignation was not a “free act,” but was brought about by coercion and blackmail by the very “wolves” he spoke of during his Coronation Mass. They maintain that this calls into question the validity of the act, since, according to Canon Law, a resignation of the papacy not freely made would be null and void. One problem with this theory is that Benedict himself has stated publicly, numerous times, that his resignation was not forced, and that it was done “with full freedom.”
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...the fact remains that any doubts concerning the freedom of the act are mere speculation, which contradict the consistent public testimony of Benedict himself, who alone knows if the act was free. In fact, he has not only declared that his resignation was freely made, but furthermore that “there isn’t the slightest doubt about the validity,” and even that any “speculation about its invalidity is simply absurd.”
In light of the consistent testimony of the “Pope Emeritus,” there is certainly not sufficient doubt about the validity of his resignation on the basis that the act itself was not freely made. All doubts are merely speculative, and thus do not rise to the level of positive, probable doubt required by Canon Law to morally justify 1) forming a private judgment contrary to the pubic judgment of the Church (which holds that Francis is the legitimate Pope), or even 2) suspending judgment. Moreover, moral theology requires that we always take the safer course, which, as applied here, is submission to the Church’s judgment (not rejecting it based on mere speculation), especially since doing so is in no way sinful, and most certainly in accord with Catholic tradition and practice.
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Questioning the Intention - Papal Diarchy
Following the resignation of Pope Benedict, some began to point out potential problems with the way in which the resignation was worded, or, one could say, the way the resignation was manifested.
...a close examination of the document reveals Pope Benedict did not intend to completely renounce the Papal office (the munus petrinus), but only the active exercise thereof (the agendo et loquendo). He argued that his intent seems to have been to essentially split the papacy in two, thereby transforming the papal monarchy into a papal diarchy.
Commenting on Professor Violi’s study, Vittorio Messori wrote the following:
“[Pope] Benedict did not intend to renounce the munus petrinus, nor the office, or the duties, i.e. which Christ Himself attributed to the Head of the Apostles [i.e., Peter] and which has been passed on to his successors. The Pope intended to renounce only the ministerium, which is the exercise and concrete administration of that office.”
“In the formula employed by Benedict, primarily, there is a distinction between the munus, the papal office, and the execution, that is the active exercise of the office itself: but the executio is twofold: there is the governmental aspect which is exercised agendo et loquendo (working and teaching); but there is also the spiritual aspect, no less important, which is exercised orando et patendo (praying and suffering). It is that which would be behind Benedict XVI’s words: ‘I do not return to private life […] 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’. Enclosure here would not be meant only in the sense of a geographical place, where one lives, but also a theological ‘place’.”
“Benedict XVI divested himself of all the power of government and command inherent in his office, without however, abandoning his service to the Church: this continues through the exercise of the spiritual dimension of the pontifical munus entrusted to him. This he did not intend to renounce. He renounced not his duties, which are, irrevocable, but the concrete execution of them.”
Some have argued that this novel act of Pope Benedict explains why he chose to retain the papal coat of arms, why he continues to wear the white cassock, and why, rather than returning to his pre-papal name Joseph Ratzinger, has chosen the title “His Holiness Benedict XVI, Pope Emeritus.” The Italian journalist and intellectual, Antonio Socci, who was one of the first to publicly question the papal resignation, quoted Pope Benedict’s trusted secretary, Archbishop Georg Ganswein, who, shortly after the resignation, explained that the reason Pope Benedict retained his papal name is because “he considers that this title corresponds to reality.”
In a recent speech delivered at the Pontifical Gregorian University on May 20, 2016, on the occasion of the presentation of a book on Benedict’s pontificate, Archbishop Georg Ganswein, who remains the personal secretary of Benedict, again reiterated that Pope Benedict did not intend to renounce the papal office. Rather, the Archbishop explained, Benedict’s intention was to expand the papacy by essentially splitting it in two, just as Professor Violi had observed in his study a few years earlier.
“Since February 2013 the papal ministry is therefore no longer what it was before. It is and remains the foundation of the Catholic Church; and yet it is a foundation which Benedict XVI has profoundly and permanently transformed during his exceptional pontificate … Since the election of his successor Francis, on March 13, 2013, there are not therefore two popes, but de facto an expanded ministry — with an active member and a contemplative member. This is why Benedict XVI has not given up either his name, or the white cassock. This is why the correct name by which to address him even today is ‘Your Holiness’; and this is also why he has not retired to a secluded monastery, but within the Vatican — as if he had only taken a step to the side to make room for his successor and a new stage in the history of the papacy…”
Needless to say, no one, not even a Pope, possesses the authority to change the nature of the papacy by expanding it to include two living men – “an active member and a contemplative member.” A man becomes Pope when God joins the man elected (the matter) to the pontificate (the form); and he ceases to be Pope either upon death, or when God disjoins the man from the pontificate, either due to the crime of heresy (established by the judgment of the Church) or by resignation. As Cajetan explains, a man is made Pope by virtue of jurisdiction alone; and, according to the will of Christ Who founded the papacy, only one man at a time can possesses papal jurisdiction. Hence, Benedict is either the Pope or a former Pope; he is most certainly not a member of an “expanded Petrine ministry” that includes two Popes.
If the papacy could be expanded to include two men, why could it not be further expanded to three, or four, or perhaps a dozen? Needless to say, this would lead quickly to schism with the various groups following the “Pope” of their choosing. This is why, as St. Jerome taught, only “one is elected, that by the appointment of a [single] head, all occasion of schism may be removed.”
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...if Benedict publicly stated that his intention was to resign the papacy, and if the entire Church understood him to mean that he was completely renouncing the papal office, would a defective intention, resulting from a doctrinal error (i.e., the belief that it is possible to change the nature of the papacy by splitting it in two) prevent God from severing the bond joining his person to the papacy? Or would God sever the bond uniting his person to the papal office in spite of the defective intention that is rooted in a doctrinal error?
To begin with, we should note that just as God is the efficient cause of the Sacraments, so too is He the efficient cause of 1) making man a Pope, and 2) removing a man from the papal office. As Cajetan teaches, when it comes to a papal resignation, the act of the one resigning is not even a partial efficient cause, but only a dispositive cause. In other words, the one resigning disposes himself to lose the papal office (by submitting his resignation), while God Himself is the one who causes the separation of the man from the office.
Now, while a proper intention is necessary to validly confect a sacrament, it is important to note that a doctrinal error held by the minister does not necessarily render the sacrament null due to a defect of intention – even when the doctrinal error in question concerns the intended effect of the sacrament.
It is also worth noting that in the making of a Pope (i.e., God joining the man elected to the Pontificate), a legal defect in the election does not necessarily mean he will not become a true Pope. In fact, a man can be elected illegally, or even take possession of the pontificate by fraud, yet nevertheless become a true Pope. Just as legal, technical defects do not prevent God – the efficient cause - from joining the man to the pontificate, nor would a defective intention (due to a doctrinal error) necessarily prevent God – the efficient cause - from removing him from office (i.e., disjoining him from the papacy). As St. Alphonsus, Doctor of the Church, explains, whether God joins a man to the pontificate (or severs a Pope from the pontificate?), is not necessarily based upon a legal technicality. He wrote:
“It is of no importance that in past centuries some Pontiff was illegitimately elected or took possession of the Pontificate by fraud; it is enough that he was accepted afterwards by the whole Church as Pope, since by such acceptance he would have become the true Pontiff.”
If an illegal election, or taking possession of the papacy by fraud, does not necessarily hinder God from joining man to the papacy (provided the Church herself considers him to be Pope), it seem quite certain that a partially defective intention in the resignation, due to a novel doctrinal error in the mind of the one resigning, would similarly not prevent God from disjoining him from the papacy. And we should again note that Benedict himself has stated that there isn’t the slightest doubt about the validity of his resignation.
We conclude this point by noting that potential issues relating to a defect in Benedict’s intention to resign are mere speculation; and even if such a defect were certain, it would in no way prove that God did not sever the bond uniting him to the papal office. Hence, as was the case with doubts concerning the validity of the resignation based on the freedom of the act, we do not have positive, probable doubt to reject the validity of the resignation based on a defect of intention. All such doubts are nothing more than speculation, and therefore do not justify one rejecting the public judgment of the Church.
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Francis’ Election
In addition to the questions concerning the validity of Pope Benedict’s resignation, there have been added allegations of a conspiracy to force Benedict out and elect Cardinal Jorge Bergoglio (Pope Francis). The conspiracy was first brought to light by Dr. Austen Ivereigh in his book The Great Reformer. After the book was published, the Belgian Cardinal, Godfried Danneels, publicly admitted to being part of what he called a secret “clerical mafia” (The St. Gallen Group), which conspired to push Benedict out and elect Bergoglio.
According to the laws established by John Paul II for papal elections, which were applicable at the time of Bergoglio’s election, any secret pact or agreement which would oblige Cardinals to vote a certain way in a Papal election carries a latae sententiae excommunication for the non-elected co-conspirators. However, this excommunication would not nullify the election, since the law that has been in place for centuries currently states that “No cardinal elector may be excluded from active and passive participation in the election of the Supreme Pontiff because of or on pretext of any excommunication, suspension, interdict or other ecclesiastical impediment.”
Active participation is the act of electing a Pope; passive participation is being elected Pope. Hence, the admitted conspiracy to elect Bergoglio may raise important questions concerning the men who elected him, but it does not prove that Bergoglio is not the Pope. To again quote St. Alphonsus, Doctor of the Church, “it is of no importance that in past centuries some Pontiff was illegitimately elected or took possession of the Pontificate by fraud; it is enough that he was accepted afterwards by the whole Church as Pope, since by such acceptance he would have become the true Pontiff.” So even if it can be shown that there was a canonical irregularity in Francis’ election, or even if he was elected un-canonically, it would not prove Francis is not the Pope.
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Peaceful and Universal Acceptance of a Pope
This brings us to the next question: Is there any way to know, with certitude, whether a man who is elected Pope is, in fact, a true and legitimate Pope? As we extensively address in our book "True or False Pope?", it is the common doctrine of the Church that the peaceful and universal acceptance of a Pope provides infallible certitude of his legitimacy. It also, quite logically, provides infallible certitude that all of the necessary conditions (both positive and negative) for him being validly elected were met.
The legitimacy of a Pope, who has been accepted as such by the Church, falls into the category of a dogmatic fact, which is a secondary object of the Church’s infallibility.
"...since the Church is infallible in believing as well as in teaching, it follows that the practically unanimous consent of the bishops and faithful in accepting a council as ecumenical, or a Roman Pontiff as legitimately elected, gives absolute and infallible certainty of the fact.”
In his 1951 book On the Value of Theological Notes and the Criteria for Discerning Them, which was drafted for use by Roman congregations under Pius XII, Fr. Sixtus Cartechini, S.J., explains that the rejection of a dogmatic fact (and the example he uses is a Pope who has been accepted as such by the Church) constitutes a “mortal sin against faith.” And it should be noted that the “universal acceptance” does not require a 100 percent mathematical unanimity, but only a practically or morally unanimous acceptance, reflecting the one mind of the Church, as noted by Fr. Berry in the above quotation.
The renowned twentieth century theologian, Louis Cardinal Billot, makes a number of interesting observations about this doctrine.
“Finally, whatever you still think about the possibility or impossibility of the aforementioned hypothesis [of a Pope falling into heresy], at least one point must be considered absolutely incontrovertible and placed firmly above any doubt whatever: the adhesion of the universal Church will be always, in itself, an infallible sign of the legitimacy of a determined Pontiff, and therefore also of the existence of all the conditions required for legitimacy itself. It is not necessary to look far for the proof of this, but we find it immediately in the promise and the infallible providence of Christ: ‘The gates of hell shall not prevail against it,’ and ‘Behold I shall be with you all days.’ (…) As will become even more clear by what we shall say later, God can permit that at times a vacancy in the Apostolic See be prolonged for a long time. He can also permit that doubt arise about the legitimacy of this or that election. He cannot however permit that the whole Church accept as Pontiff him who is not so truly and legitimately. Therefore, from the moment in which the Pope is accepted by the Church and united to her as the head to the body, it is no longer permitted to raise doubts about a possible vice of election or a possible lack of any condition whatsoever necessary for legitimacy. For the aforementioned adhesion of the Church heals in the root all fault in the election and proves infallibly the existence of all the required conditions.”
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John of St. Thomas then explains that the Cardinal electors represent the Church itself in proposing the man to the faithful as Pope. Consequently, their judgment represents the public judgment of the Church. If the election is peaceful, this judgment alone will suffice for the universal acceptance. If there is any defect in the election, it is remedied by the fact that the Universal Church (the bishops, priests and faithful) accepts the man as Pope.
John of St. Thomas also addresses precisely when the universal acceptance becomes sufficient to prove that the man is a legitimate Pope. From the same treatise:
"...the acceptance of the Church is realized both negatively, by the fact that the Church does not contradict the news of the election wherever it becomes known, and positively, by the gradual acceptance of the prelates of the Church, beginning with the place of the election, and spreading throughout the rest of the world. As soon as men see or hear that a Pope has been elected, and that the election is not contested, they are obliged to believe that that man is the Pope, and to accept him."
And while, in John of St. Thomas’ time, this positive acceptance would happen gradually as the news spread throughout the Church and the word, in our information age, the news spreads world-wide almost immediately. This means that the universal acceptance (both positive and negative) would be manifest very quickly – at least within the first several days following the election.
Hence, in the words of John of St. Thomas, if “the Church does not contradict the news of the election” when it “becomes known,” or “as soon as men” learn of it (which is immediate), this fact would provide infallible certitude that he was a legitimate Pope. It would follow that concerns and doubts arising months and years later would not call into question his legitimacy. The reason is obvious – if universal acceptance weren’t immediate, there would always be lingering doubts about whether the man elected were a true Pope. And if he were a bad Pope, causing damage to the Church, certain people would simply reject him as a false Pope and go into schism. We should also note that just because a Pope has not been universally accepted by the Church does not mean he is not a true Pope. This is confirmed by the fact that during the Great Western Schism the legitimate Pope had not been accepted as such by the entire Church.
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The Conditions for a Valid Election
John of St. Thomas also addresses issues related to the conditions for a valid election – both the conditions required for the electors, and the conditions required for the one elected. For example, the electors must be true Cardinals; they must have the intention of electing the Popes, and they must follow the laws currently in place for a valid election. There are also conditions for a person to be validly elected Pope. He must be a male and baptized (positive conditions) and he must not be insane or a public heretic (negative conditions). John of St. Thomas explains that the infallible certitude we have that the man is Pope (which we know when he is peacefully elected and/or accepted as Pope by the entire Church as soon as it becomes known) provides infallible certitude that all of the pre-requisite conditions for his validity have been met.
He goes on to explain, as Cardinal Billot did above, that God will not permit a man to be elected Pope, and accepted as Pope by the Church, who does not meet the necessary conditions:
"[I]t is not merely a pious belief, but a theological conclusion (as we have stated), that God will not permit one to be elected and peacefully accepted by the Church who in fact does not meet the conditions required; this would be contrary to the special providence that God exercises over the Church and the assistance that she receives from the Holy Ghost."
Next, he addresses the objection of those today who hold to the novel “Material/Formal Pope thesis” – that is, that the Pope has indeed been legitimately and validly elected and truly holds the office, but, due to an alleged impediment (heresy), he did not receive the jurisdiction from God to become a true Pope. John of St. Thomas refutes this novel thesis by stating the obvious:
"Nor is there a real difference between the proposition, 'This man is properly elected,' and, 'This man is Pope,' since to be accepted as the Supreme Pontiff and to be the Supreme Pontiff are the same, just as it is the same for something to be defined, and for the definition to be legitimate."
As we saw earlier, Fr. Catechini taught that those who would reject the legitimacy of a Pope, who had been accepted as such by the Church, would be guilty of a mortal sin against the faith. John of St. Thomas goes one step further by saying, alone with Suarez, that such a person would be a heretic.
"Whoever would deny that a particular man is Pope after he has been peacefully and canonically accepted, would not only be a schismatic, but also a heretic; for, not only would he rend the unity of the Church… but he would also add to this a perverse doctrine, by denying that the man accepted by the Church is to be regarded as the Pope and the rule of faith. Pertinent here is the teaching of St. Jerome (Commentary on Titus, chapter 3) and of St. Thomas (IIa IIae Q. 39 A. 1 ad 3), that every schism concocts some heresy for itself, in order to justify its withdrawal from the Church. Thus, although schism is distinct from heresy, in … the case at hand, whoever would deny the proposition just stated would not be a pure schismatic, but also a heretic, as Suarez also reckons."
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Closing Thoughts – Recognize and Resist
In his short reign, Francis has clearly shown himself to be a danger to the faith and perhaps even the “destroyer” prophesied by St. Francis of Assisi. Whether it is his statement that “there is no Catholic God,” that the souls of those who are not saved will be “annihilated,” or his latest, that “no one can be condemned for ever, because that is not the logic of the Gospel!,” he is sowing untold confusion in the Church and in the minds of the faithful. If the Church condemned Pope Honorius as a heretic for erring on one doctrine, we can only imagine what the future holds for Francis. Considering this danger posed by Francis, what should Catholics do?
St. Bellarmine cites divine law in explaining that heretical bishops (who he calls “false prophets”) are not to be listened to by the faithful. Generally speaking, we are to follow and obey our legitimate leaders, but this obligation ceases when they preach errors and heresy. And it should also be noted that when Bellarmine teaches that heretical bishops are not to be listened to, he is obviously referring to those whose heretical teachings are public, for how else would the faithful be capable of knowing that they were preaching heresy? Bellarmine also notes, however, that while the faithful have the right and indeed the duty to refuse to listen to heretical prelates, they do not possess the authority to depose them, or, what amounts to the same thing, declare them deposed. He writes:
"For Our Lord and the Apostles only lay down that false prophets are not to be listened to by the people, and not that they depose them. And it is certain that the practice of the Church has always been that heretical bishops be deposed by bishop’s councils, or by the Sovereign Pontiff.”
What else is clear from the above quotation is that a heretical prelate will not lose his office unless he is judged a heretic by the Church, not simply by private judgment.
Regarding the case of a Pope (not just any bishop) who falls into heresy, Fr. Mattheus Conte Coronata, S.T.D, said he, too, should not be listened to.
While it is easier said than done in our day of social media and instant communication, because Francis constantly undermines the Faith by his irresponsible statements, he should not be listened to by the faithful, and his errors should be resisted. The Papal Bull of Pope Paul IV, Cum ex Apotolatus, teaches that a Pope who deviates from the Faith can indeed be resisted:
“[T]he Roman Pontiff, who is the representative upon earth of God and our God and Lord Jesus Christ, who holds the fullness of power over peoples and kingdoms, who may judge all and be judged by none in this world, may nonetheless be contradicted if he be found to have deviated from the Faith.”
Just as the good angels were justified in not blindly following their legitimate head, Lucifer, when he disobeyed God; and just as the faithful Jews were obliged to resist Caiaphas when he rejected Christ, so too are Catholics today fully justified in resisting the errors coming from Francis, and in stopping up their ears “against his violent speech, lest [they] be infected by the venom of his doctrine.” Therefore, we recognize him as the legitimate Pope, but resist his teachings that depart from Tradition – just as we have done with his recent predecessors. This is what the Popes, Fathers and Doctors teach, and what true Catholics have always done when faced with erring Popes.
TL; DR:
The Roman Catholic Church is an authoritarian bureaucracy, entirely created by man, for the benefit of man, ruled by laws made by man.
It is of this world. God is not involved.
Through its sophistry, it can and will justify anything and denounce anything to retain its institutional power.
A man who was elected illegally, can still be the true and legitimate pope.
A man who took possession of the pontificate by fraud, can still be the true and legitimate pope.
A man who was elected due to a conspiracy, can still be the true and legitimate pope.
A man who was elected by excommunicated cardinals, can still be the true and legitimate pope.
A man who was elected by cardinals who are secretly or publicly heretics, can still be the true and legitimate pope
A man who was secretly a heretic at the time of his election, can still be the true and legitimate pope.
A man who becomes (and acts as) a public and open heretic after his election, is still the true and legitimate pope.
Anyone who rejects the legitimacy of the pope (for example because they regard the pope as a heretic), is himself a heretic and commits a mortal sin against the faith.
All these laws only serve to preserve the power of the Church as a worldly institution, they do not serve the faithful, they do not serve Jesus Christ, the do not serve God,