1 – THE DECLARATIO
As is wellknown according to the UNA CUM’s (the supporters of Bergoglio’s legitimacy) the Declaratio pronounced by Benedict XVI – in the Vatican in front of the Cardinals taking part in the Consistory on February 11, 2013 – should establish a valid renunciation.
However, Benedict XVI himself, confirming the Declaratio stated very clearly that he never renounced to the Munus Petrinus but only to its active service, namely the Ministerium. A statement which, nevertheless, conflicts with Canon Law (see section 2 below).
The motivation of Benedict XVI’s choice, i.e., for retaining the Munus, was later further explained by himself during his last Wednesday Public Hearing (Udienza Pubblica del Mercoledi’) on February 27, 2013.
In fact Benedict XVI himself made it clear that “his acceptance of the Munus Petrinus [during the Conclave of Aprile 2005] was forever“. In other words, being the Munus Petrinus a special gift of Jesus Christ given to Peter and all his successors [Matt. 16,13-20], it is necessarily ethernal, so that for him the Munus Petrinus cannot be renounced.
He therefore concluded that for him “there is no coming back to privacy. My decision to renounce to active service [NDR of the Munus] does not change this.”
2 – THE CANON 332 $ 2
However Canon 332 section 2 states (the only valid article is in Latin):
«Can. 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.»
The unavoidable implication, which must necessarily be drawn, is therefore that the Declaratio is not a valid renuntiation. As a consequence the subsequent Conclave and election of Bergoglio are both null.
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