Controversialists
have sometimes invoked a 1951 decree and a 1958 encyclical of Pius XII against
various traditional Catholic bishops, including those consecrated by Abp. P.M.
Ngo-dinh-Thuc.
The two documents excommunicated certain Chinese bishops whose
consecrations the Red Chinese government had arranged in order to set up a
stooge hierarchy in China under Communist control.
The 9 April 1951 Decree establishing the automatic penalty of
excommunication for the consecration of a bishop reads as follows:
of a Bishop without
Canonical Appointment.
"The
Supreme Sacred Congregation of the Holy Office, in virtue of a special faculty
established for it by the Supreme Pontiff, publishes the following Decree:
"A
Bishop, of whatever rite or dignity, who consecrates as a Bishop someone who is
neither nominated by the Holy See nor expressly confirmed by that same See, and
he who receives consecration, even if coerced by grave fear (c.229, §3, 3),
incur ipso facto [automatically]
excommunication most especially reserved to the Apostolic See.
This Decree takes effect from the date of its promulgation.
Those who have attempted to invoke this decree in our own circumstances seem to
have confused two things:
1. The mandatum:
the papal document granting permission
for the consecration of a
bishop who will serve as a bishop in any capacity,
including as an auxiliary or titular bishop, and
2. The canonical
appointment: a papal decree
designating a bishop
as Ordinary (or "residential
bishop") of a duly constituted diocese, which appointment auxiliary and titular bishops did
not receive.
The canonist Fr. Eduardo Regatillo, in his
Institutiones Juris Canonici (Santander: Sal Terrae 1956), 2:600,
states that the 1951 decree affects only bishops consecrated without papal
appointment to be heads of dioceses.
"Anyone who is to be
promoted to the episcopacy needs the canonical appointment by which he is
constituted Bishop of a such a vacant diocese.
"In practice, it may be doubted whether only those who are to be
consecrated residential Bishops are affected - that is, those who are consecrated for a diocese now in existence -
or also titular bishops (who are
created for an extinct see or diocese), or bishops who are consecrated for no
diocese.
"From the purpose intended by the Holy Office, the decree appears to
cover only those who are consecrated as
residential
bishops, for this is the
actual case which the Holy See intends to condemn..
"This new type [of offense] differs from the one mentioned in canon
2370, where the canon refers to consecrations performed
without
apostolic mandate (described
in canon 953). The new decree, on the other hand, punishes consecrations
performed without pontifical appointment.
"An appointment
designates the person and bestows the title [to an office]. A
mandate
grants the permission to confer the consecration."
Regatillo's interpretation is confirmed a reading of Pius XII's
encyclical (reproduced below), especially paragraphs 45-48.
No traditional Catholic bishop - at least none of our acquaintance - has
been consecrated to the episcopacy and then received illegal designation and
title to a diocese established by the Roman Pontiff.
Traditional Catholic bishops are consecrated for no diocese. One cannot claim, therefore, that the 1951 Decree applies to them.
His Holiness Pope Pius XII
Encyclical on Communism and the Church in China
June 29, 1958
To
Our Venerable Brethren and Beloved Children, the Archbishops, Bishops, other
Local Ordinaries, and Clergy and People of China in Peace and Communion with
the Apostolic See.
Venerable
Brethren and Beloved Children, Greetings and Apostolic Benediction.
At the tomb of
the Prince of the Apostles, in the majestic Vatican Basilica, Our immediate
Predecessor of deathless memory, Pius XI, duly consecrated and raised to the
fullness of the priesthood, as you well know, "the flowers and . . .. latest
buds of the Chinese episcopate."[1]
2. On that
solemn occasion he added these words: "You have come, Venerable Brethren, to
visit Peter, and you have received from him the shepherd's staff, with which to
undertake your apostolic journeys and to gather together your sheep. It is
Peter who with great love has embraced you who are in great part Our hope for
the spread of the truth of the Gospel among your people."[2]
3. The memory of
that allocution comes to Our mind today, Venerable Brethren and dear children,
as the Catholic Church in your fatherland is experiencing great suffering and
loss. But the hope of our great Predecessor was not in vain, nor did it prove
without effect, for new bands of shepherds and heralds of the Gospel have been
joined to the first group of bishops whom Peter, living in his Successor, sent
to feed those chosen flocks of the Lord.
4. New works and
religious undertakings prospered among you despite many obstacles. We too
shared that hope when later We had the pleasure of establishing the hierarchy
in China and saw yet wider paths opening up for the spread of the Kingdom of
Jesus Christ.
5. But, alas,
after a few years the sky was overcast by storm clouds. On your Christian
communities, many of which had been flourishing from times long past, there
fell sad and sorrowful times. Missionaries, among whom were many archbishops
and bishops noted for their apostolic zeal, and Our own Internuncio were driven
from China, while bishops, priests, and religious men and women, together with
many of the faithful, were cast into prison or incurred every kind of restraint
and suffering.
6. On that
occasion We raised Our voice in sorrow, and, in Our Encyclical of January 18,
1952, Cupimus imprimis,[3] rebuked
the unjust attack. In that letter, for the sake of truth and conscious of Our
duty, We declared that the Catholic Church is a stranger to no people on earth,
much less hostile to any. With a mother's anxiety, she embraces all peoples in
impartial charity. She seeks no earthly advantage but employs what powers she
possesses to attract the souls of all men to seek what is eternal. We also
stated that missionaries promote the interest of no particular nation; they
come from every quarter of the earth and are united by a single love, God, and
thus they seek and hope for nothing else save the spread of God's kingdom.
Thus, it is clear that their work is neither without purpose nor harmful, but
beneficent and necessary since it aids Chinese priests in their Christian
apostolate.
7. And some two
years later, October 7, 1954, another Encyclical Letter was addressed to you,
beginning Ad Sinarum gentem,[4] in
which We refuted accusations made against Catholics in China. We openly
declared that Catholics yielded to none (nor could they do so) in their true
loyalty and love of their native country. Seeing also that there was being
spread among you the doctrine of the so-called "three autonomies," We warned -
by virtue of that universal teaching authority which We exercise by divine
command - that this same doctrine as understood by its authors, whether in
theory or in its consequences, cannot receive the approval of a Catholic, since
it turns minds away from the essential unity of the Church.
8. In these
days, however, We have to draw attention to the fact that the Church in your
lands in recent years has been brought to still worse straits. In the midst of
so many great sorrows it brings Us great comfort to note that in the daily
attacks which you have met neither unflinching faith nor the most ardent love
of the Divine Redeemer and of His Church has been wanting. You have borne
witness to this faith and love in innumerable ways, of which only a small part
is known to men, but for all of which you will someday receive an eternal
reward from God.
9. Nevertheless
We regard it as Our duty to declare openly, with a heart filled to its depths
with sorrow and anxiety, that affairs in China are, by deceit and cunning
endeavor, changing so much for the worse that the false doctrine already
condemned by Us seems to be approaching its final stages and to be causing its
most serious damage.
10. For by
particularly subtle activity an association has been created among you to which
has been attached the title of "patriotic," and Catholics are being forced by
every means to take part in it.
This association
- as has often been proclaimed - was formed ostensibly to join the clergy and
the faithful in love of their religion and their country, with these objectives
in view: that they might foster patriotic sentiments; that they might advance
the cause of international peace; that they might accept that species of
socialism which has been introduced among you and, having accepted it, support
and spread it; that, finally, they might actively cooperate with civil
authorities in defending what they describe as political and religious freedom.
And yet - despite these sweeping generalizations about defense of peace and the
fatherland, which can certainly deceive the unsuspecting - it is perfectly
clear that this association is simply an attempt to execute certain well
defined and ruinous policies.
11. For under an
appearance of patriotism, which in reality is just a fraud, this association
aims primarily at making Catholics gradually embrace the tenets of atheistic
materialism, by which God Himself is denied and religious principles are
rejected.
12. Under the
guise of defending peace the same association receives and spreads false rumors
and accusations by which many of the clergy, including venerable bishops and
even the Holy See itself, are claimed to admit to and promote schemes for
earthly domination or to give ready and willing consent to exploitation of the
people, as if they, with preconceived opinions, are acting with hostile intent
against the Chinese nation.
13. While they
declare that it is essential that every kind of freedom exist in religious
matters and that this makes mutual relations between the ecclesiastical and
civil powers easier, this association in reality aims at setting aside and
neglecting the rights of the Church and effecting its complete subjection to
civil authorities.
14. Hence all
its members are forced to approve those unjust prescriptions by which
missionaries are cast into exile, and by which bishops, priests, religious men,
nuns, and the faithful in considerable numbers are thrust into prison; to
consent to those measures by which the jurisdiction of many legitimate pastors
is persistently obstructed; to defend wicked principles totally opposed to the
unity, universality, and hierarchical constitution of the Church; to admit
those first steps by which the clergy and faithful are undermined in the
obedience due to legitimate bishops; and to separate Catholic communities from
the Apostolic See.
15. In order to
spread these wicked principles more efficiently and to fix them in everyone's
mind, this association - which, as We have said, boasts of its patriotism -
uses a variety of means including violence and oppression, numerous lengthy
publications, and group meetings and congresses.
16. In these
meetings, the unwilling are forced to take part by incitement, threats, and
deceit. If any bold spirit strives to defend truth, his voice is easily
smothered and overcome and he is branded with a mark of infamy as an enemy of
his native land and of the new society.
17. There should
also be noted those courses of instruction by which pupils are forced to imbibe
and embrace this false doctrine. Priests, religious men and women,
ecclesiastical students, and faithful of all ages are forced to attend these
courses. An almost endless series of lectures and discussions, lasting for
weeks and months, so weaken and benumb the strength of mind and will that by a
kind of psychic coercion an assent is extracted which contains almost no human
element, an assent which is not freely asked for as should be the case.
18. In addition
to these there are the methods by which minds are upset - by every device, in
private and in public, by traps, deceits, grave fear, by so-called forced
confessions, by custody in a place where citizens are forcibly "reeducated,"
and those "Peoples' Courts" to which even venerable bishops are ignominiously
dragged for trial.
19. Against
methods of acting such as these, which violate the principal rights of the
human person and trample on the sacred liberty of the sons of God, all
Christians from every part of the world, indeed all men of good sense cannot
refrain from raising their voices with Us in real horror and from uttering a
protest deploring the deranged conscience of their fellow men.
20. And since
these crimes are being committed under the guise of patriotism, We consider it
Our duty to remind everyone once again of the Church's teaching on this
subject.
21. For the
Church exhorts and encourages Catholics to love their country with sincere and
strong love, to give due obedience in accord with natural and positive divine
law to those who hold public office, to give them active and ready assistance
for the promotion of those undertakings by which their native land can in peace
and order daily achieve greater prosperity and further true development.
22. The Church
has always impressed on the minds of her children that declaration of the
Divine Redeemer: "Render therefore to Caesar the things that are Caesar's and
to God the things that are God's."[5] We call it a declaration because these
words make certain and incontestable the principle that Christianity never
opposes or obstructs what is truly useful or advantageous to a country.
23. However, if
Christians are bound in conscience to render to Caesar (that is, to human
authority) what belongs to Caesar, then Caesar likewise, or those who control
the state, cannot exact obedience when they would be usurping God's rights or
forcing Christians either to act at variance with their religious duties or to
sever themselves from the unity of the Church and its lawful hierarchy.
24. Under such
circumstances, every Christian should cast aside all doubt and calmly and
firmly repeat the words with which Peter and the other Apostles answered the
first persecutors of the Church: "We must obey God rather than men."[6]
25. With
emphatic insistence, those who promote the interests of this association which
claims a monopoly on patriotism, speak over and over again of peace and
admonish Catholics earnestly to exert all their efforts to establish it. On the
surface these words are excellent and righteous, for who deserves greater
praise than the man who prepares the way to introduce and establish peace?
26. But peace -
as you well know, Venerable Brethren and beloved sons - does not consist of
words alone and does not rely on changing formulas which are suitable for the
moment but contradict one's real plans and practices, which do not conform with
the meaning and way of true peace but with hatred, discord, and deceit.
27. Peace worthy
of the name must be founded on the principles of charity and justice which He
taught who is the "Prince of Peace,"[7] and who adopted this title as a kind of
royal standard for Himself. True peace is that which the Church desires to be
established: one that is stable, just, fair, and founded on right order; one
which binds all together - citizens, families, and peoples - by the firm ties
of the rights of the Supreme Lawgiver, and by the bonds of mutual fraternal
love and cooperation.
28. As she looks
forward to and hopes for this peaceful dwelling together of nations, the Church
expects each nation to preserve that degree of dignity which becomes it. For
the Church, which has ever kept a friendly attitude toward the various events
in your country, long ago spoke through Our late Predecessor of happy memory
and expressed the desire that "full recognition be given to the legitimate
aspirations and rights of the nation, which is more populous than any other,
whose civilization and culture go back to the earliest times, which has, in
past ages, with the development of its resources, had periods of great
prosperity, and which - it may be reasonably conjectured - will become even
greater in the future ages, provided it pursues justice and honor."[8]
29. On the other
hand, as has been made known by radio and by the press, there are some - even
among the ranks of the clergy - who do not shrink from casting suspicion on the
Apostolic See and hint that it has evil designs toward your country.
30. Assuming
false and unjust premises, they are not afraid to take a position which would
confine within a narrow scope the supreme teaching authority of the Church,
claiming that there are certain questions - such as those which concern social
and economic matters - in which Catholics may ignore the teachings and the
directives of this Apostolic See.
31. This opinion
- it seems entirely unnecessary to demonstrate its existence - is utterly false
and full of error because, as We declared a few years ago to a special meeting
of Our Venerable Brethren in the episcopacy:
32. "The power
of the Church is in no sense limited to so-called 'strictly religious matters';
but the whole matter of the natural law, its institution, interpretation and
application, in so far as the moral aspect is concerned, are within its power.
33. "By God's
appointment the observance of the natural law concerns the way by which man
must strive toward his supernatural end. The Church shows the way and is the
guide and guardian of men with respect to their supernatural end."[9]
34. This truth
had already been wisely explained by Our Predecessor St. Pius X in his
Encyclical Letter Singulari quadam of
September 24, 1912, in which he made this statement: "All actions of a
Christian man so far as they are morally either good or bad - that is, so far
as they agree with or are contrary to the natural and divine law - fall under
the judgment and jurisdiction of the Church."[10]
35. Moreover,
even when those who arbitrarily set and defend these narrow limits profess a
desire to obey the Roman Pontiff with regard to truths to be believed, and to
observe what they call ecclesiastical directives, they proceed with such
boldness that they refuse to obey the precise and definite prescriptions of the
Holy See. They protest that these refer to political affairs because of a
hidden meaning by the author, as if these prescriptions took their origin from
some secret conspiracy against their own nation.
36. Here We must
mention a symptom of this falling away from the Church. It is a very serious
matter and fills Our heart - the heart of a Father and universal Pastor of the
faithful - with a grief that defies description. For those who profess
themselves most interested in the welfare of their country have for some
considerable time been striving to disseminate among the people the position,
devoid of all truth, that Catholics have the power of directly electing their
bishops. To excuse this kind of election they allege a need to look after the
good souls with all possible speed and to entrust the administration of
dioceses to those pastors who, because they do not oppose the communist desires
and political methods, are acceptable by the civil power.
37. We have
heard that many such elections have been held contrary to all right and law and
that, in addition, certain ecclesiastics have rashly dared to receive episcopal
consecration, despite the public and severe warning which this Apostolic See
gave those involved.
Since,
therefore, such serious offenses against the discipline and unity of the Church
are being committed, We must in conscience warn all that this is completely at
variance with the teachings and principles on which rests the right order of
the society divinely instituted by Jesus Christ our Lord.
38. For it has
been clearly and expressly laid down in the canons that it pertains to the one
Apostolic See to judge whether a person is fit for the dignity and burden of
the episcopacy,[11] and that complete freedom in the nomination of bishops is
the right of the Roman Pontiff.[12] But if, as happens at times, some persons
or groups are permitted to participate in the selection of an episcopal
candidate, this is lawful only if the Apostolic See has allowed it in express
terms and in each particular case for clearly defined persons or groups, the
conditions and circumstances being very plainly determined.
39. Granted this
exception, it follows that bishops who have been neither named nor confirmed by
the Apostolic See, but who, on the contrary, have been elected and consecrated
in defiance of its express orders, enjoy no powers of teaching or of
jurisdiction since jurisdiction passes to bishops only through the Roman
Pontiff as We admonished in the Encyclical Letter Mystici Corporis in the following words: ". . . As far as his own diocese is concerned
each (bishop) feeds the flock entrusted to him as a true shepherd and rules it
in the name of Christ. Yet in exercising this office they are not altogether
independent but are subordinate to the lawful authority of the Roman Pontiff,
although enjoying ordinary power of jurisdiction which they receive directly
from the same Supreme Pontiff."[13]
40. And when We
later addressed to you the letter Ad Sinarum
gentem, We again referred to this teaching in these words: "The power
of jurisdiction which is conferred directly by divine right on the Supreme
Pontiff comes to bishops by that same right, but only through the successor of
Peter, to whom not only the faithful but also all bishops are bound to be
constantly subject and to adhere both by the reverence of obedience and by the
bond of unity."[14]
41. Acts
requiring the power of Holy Orders which are performed by ecclesiastics of this
kind, though they are valid as long as the consecration conferred on them was
valid, are yet gravely illicit, that is, criminal and sacrilegious.
42. To such
conduct the warning words of the Divine Teacher fittingly apply: "He who enters
not by the door into the sheepfold, but climbs up another way, is a thief and a
robber."[15] The sheep indeed know the true shepherd's voice. "But a stranger
they will not follow, but will flee from him, because they do not know the
voice of strangers."[16]
43. We are aware that those who thus belittle obedience in order to justify themselves with regard to those functions which they have unrighteously assumed, defend their position by recalling a usage which prevailed in ages past. Yet everyone sees that all ecclesiastical discipline is overthrown if it is in any way lawful for one to restore arrangements which are no longer valid because the supreme authority of the Church long ago decreed otherwise. In no sense do they excuse their way of acting by appealing to another custom, and they indisputably prove that they follow this line deliberately in order to escape from the discipline which now prevails and which they ought to be obeying.
44. We mean that
discipline which has been established not only for China and the regions
recently enlightened by the light of the Gospel, but for the whole Church, a
discipline which takes its sanction from that universal and supreme power of
caring for, ruling, and governing which our Lord granted to the successors in
the office of St. Peter the Apostle.
45. Well known
are the terms of Vatican Council's solemn definition: "Relying on the open
testimony of the Scriptures and abiding by the wise and clear decrees both of
our predecessors, the Roman Pontiffs, and the general Councils, We renew the
definition of the Ecumenical Council of Florence, by virtue of which all the
faithful must believe that 'the Holy Apostolic See and the Roman Pontiff hold
primacy over the whole world, and the Roman Pontiff himself is the Successor of
the blessed Peter and continues to be the true Vicar of Christ and head of the
whole Church, the father and teacher of all Christians, and to him is the
blessed Peter our Lord Jesus Christ committed the full power of caring for,
ruling and governing the Universal Church....'
46. "We teach, .
. . We declare that the Roman Church by the Providence of God holds the primacy
of ordinary power over all others, and that this power of jurisdiction of the
Roman Pontiff, which is truly episcopal, is immediate. Toward it, the pastors
and the faithful of whatever rite and dignity, both individually and
collectively, are bound by the duty of hierarchical subordination and true
obedience, not only in matters which pertain to faith and morals, but also in
those which concern the discipline and government of the Church spread
throughout the whole world, in such a way that once the unity of communion and
the profession of the same Faith has been preserved with the Roman Pontiff,
there is one flock of the Church of Christ under one supreme shepherd. This is
the teaching of the Catholic truth from which no one can depart without loss of
faith and salvation."[17]
47. From what We
have said, it follows that no authority whatsoever, save that which is proper
to the Supreme Pastor, can render void the canonical appointment granted to any
bishop; that no person or group, whether of priests or of laymen, can claim the
right of nominating bishops; that no one can lawfully confer episcopal
consecration unless he has received the mandate of the Apostolic See.[18]
48.
Consequently, if consecration of this kind is being done contrary to all right
and law, and by this crime the unity of the Church is being seriously attacked,
an excommunication reserved specialissimo modo to the Apostolic See has been
established which is automatically incurred by the consecrator and by anyone
who has received consecration irresponsibly conferred.[19]
49. What then is
to be the opinion concerning the excuse added by members of the association
promoting false patriotism, that they had to act as they alleged because of the
need to tend to the souls in those dioceses which were then without a bishop?
50. It is
obvious that no thought is being taken of the spiritual good of the faithful if
the Church's laws are being violated, and further, there is no question of
vacant sees, as they wish to argue in defense, but of episcopal sees whose
legitimate rulers have been driven out or now languish in prison or are being
obstructed in various ways from the free exercise of their power of
jurisdiction. It must likewise be added that those clerics have been cast into
prison, exiled, or removed by other means, whom the lawful ecclesiastical
superiors had designated in accordance with canon law and the special powers
received from the Apostolic See to act in their place in the government of the
dioceses.
51. It is surely
a matter for grief that while holy bishops noted for their zeal for souls are
enduring so many trials, advantage is taken of their difficulties to establish
false shepherds in their place so that the hierarchical order of the Church is
overthrown and the authority of the Roman Pontiff is treacherously resisted.
52. And some
have even become so arrogant that they blame the Apostolic See for these
terrible and tragic events (which have certainly been deliberate
accomplishments of the Church's persecutors) even though everyone knows that
the Church has been unable, in the past and at present, when such information
has been needed, to obtain requisite data about qualified candidates for the
episcopacy simply because she was prevented from communicating freely and
safely with the dioceses of China.
53. Venerable
brethren and dear children, thus far We have told you of the anxiety with which
we are moved by the errors which certain men are trying to sow among you, and
by the dissensions which are being aroused. Our intention is that, enlightened
and strengthened by the encouragement of your common father, you may remain
steadfast and without blemish in that faith by which We are united and by which
alone We shall obtain salvation.
54. But now,
following the ardent dictates of Our heart, We must tell you of the close and
particular feelings of intimacy which draw Us near to you. To Our mind come
those torments which rend asunder your bodies or your minds, particularly those
which the most valiant witnesses of Christ are enduring, among whose number are
several of Our Venerable Brethren in the episcopate. Daily at the altar We
offer to the Divine Redeemer the trials of all of them, together with the
prayers and sufferings of the whole Church.
55. Be constant
then and put your trust in Him according to the words: "Cast all your anxiety
upon Him, because He cares for you."[20]
56. He sees
clearly your anguish and your torments. He particularly finds acceptable the
grief of soul and the tears which many of you, bishops and priests, religious
and laymen, pour forth in secret when they behold the efforts of those who are
striving to subvert the Christians among you. These tears, these bodily pains
and tortures, the blood of the martyrs of past and present - all will bring it
about that, through the powerful intervention of Mary, the Virgin Mother of
God, Queen of China, the Church in your native land will at long last regain
its strength and in a calmer age, happier days will shine upon it.
57. Relying on
this hope, to you and to the flocks committed to your care We most lovingly
grant in the Lord, as a token of divine gifts and a sign of Our special good
will, Our Apostolic Benediction.
58. Given at St.
Peter's, in Rome, June 29th, the feast of the Holy Apostles Peter and Paul, in
the year 1958, the 20th of Our Pontificate.
REFERENCES
1. "Acta Apostolicae Sedis" 18 (1926) 432.
2. Ibid.
3. AAS 44 (1952) 153 and ff.
4. AAS 47 (1955) 5 ff.
5. Luke 20:25.
6. Acts 5:29.
7. Isaias 9:6.
8. Cfr. message of Pius XI to the
Apostolic Delegate to China, Aug. 1, 1928: "Acta Apostolicae Sedis" 20 (1928)
245.
9. Address to Cardinals and Bishops, Nov. 2, 1954: AAS 46 (1954) 671-672. [Eng. tr.: TPS v. 1, no. 4, pp. 375 ff. - Ed.]
10. AAS 4(1912) 658.
11. Canon 331, sect. 3.
12. Canon 329, sect. 2.
13. Encyclical letter"Mystici Corporis," June 29, 1943:
AAS 35 (1943) 211-212.
14. Encyclical epistle "Ad Sinarum gentem," Oct. 7,
1954: AAS 47 (1955) 9.
15. John 10:1.
16. John 10:4-5.
17. Vatican Council, session IV, chap. 3; Coll. Lac.,
Vll, p.484.
18. Canon 953.
19. Decree of Sacred Congregation of the Holy Office,
April 9, 1951: AAS 43 (1951) pp. 217-18.
20. 1 Peter 5:7.
Made available to the Net by Paul Halsall