36 John XXIII (2) Election and Acceptance (P.U.A.)

Jean XXIII Pope (2)

His Election and Universal Peaceful Acceptance (U.P.A.)

 

Table of contents  

  1. Preliminaries  Plan for examining the papacy of John XXIII  
  2. Introduction  
  3. Certain principle of theology and canon law  
  4. Certain historical facts  

4.1. Election of 28 October 1958  

4.2. Immediate and universal acceptance  

4.2.1. By the cardinals  

4.2.2. By the clergy and the faithful  

4.2.3. By the States  

4.3. Absence of notable opposition  

4.3.1. No organised dissidence  

4.3.2. The entire Church acts as if John XXIII were the legitimate pope  

  1. Logical conclusion 

 

 

  1. Preliminaries

To know whether Cardinal Joseph Roncalli truly became and remained pope, we shall verify in his case all the conditions of the papacy in a few chapters.

 

1.1. Chapter  Election and U.P.A. Acceptance   First, a pope must be elected by the conclave and accepted by the Church, in order to receive immediately from God the pontifical jurisdiction, therefore the papacy.

 

1.2. Chapter  Impediments and causes of loss of the papacy   Next we shall verify the impediments and causes of loss. We have indeed seen in a previous chapter the causes of impediment or loss of the office of pope. There are six, according to the common opinion of classical canonists and theologians  Death, Abdication, Madness, Public Heresy, Public Apostasy and Public Schism. This second chapter concerns Mgr Roncalli before his election.

 

1.3. Chapter  John XXIII after his election

 

1.4. Chapter  John XXIII Occult Heretic, discovered after death   Finally we shall examine proofs, advanced after his death, that John XXIII would have been initiated into a heretical sect before his election.

 

So let us begin with this Chapter 1  Election and U.P.A. Acceptance.

 

  1. Introduction

 

We shall investigate whether Cardinal Joseph Roncalli was accepted by the Church, because the U.P.A., the Universal Peaceful Acceptance of a pope  see the chapter on the U.P.A.  constitutes a dogmatic fact that gives certainty  see the chapter on Dogmatic Facts.

 

  1. Certain principle of theology and canon law

 

Saint Thomas Aquinas teaches that papal authority proceeds immediately from God, but that the designation of the person of the pontiff is mediate by the Church, via canonical election. The later doctrine, developed notably by the classical theologians, shows that this legitimacy is then rendered certain by the universal and peaceful acceptance of the Church. The pope is legitimate if, after his election, he is recognised as such by the whole Church without notable and lasting opposition.

 

The 1917 Code of Canon Law, canon 109, teaches that the Pontificate is received immediately by divine right after the legitimate election accepted by the one elected. Classical theology shows next that the universal and peaceful acceptance of the Church renders this fact morally certain.

 

Those who are admitted into the ecclesiastical hierarchy do not draw their power from the consent of the people nor from designation by the secular authority  but they are constituted in the degrees of the power of order by holy ordination  in the sovereign pontificate, directly by divine right, by means of legitimate election and acceptance of the election  in the other degrees of jurisdiction, by the canonical mission.

 

This is confirmed by the doctrine of Cardinal Billot with clarity in stating that the universal and peaceful adherence of the Church to the designated Peter is an infallible sign that this one is the true Peter.

 

Cardinal Louis Billot, S.J., De Ecclesia Christi, volume I, quaestio XIV, thesis XXIX, paragraph 3   ..it must be held at least as absolutely unshakable and placed beyond all doubt this   the adherence of the universal Church is by itself an infallible sign of the legitimacy of the person of the Pontiff and of the existence of all the conditions required for legitimacy itself. And there is no need to seek long for the reason. For this flows immediately from the infallible promise and providence of Christ   The gates of hell shall not prevail against her , and again   Behold I am with you all days.  It would indeed result that the Church would adhere to a false pontiff and would adhere to a false rule of the faith, since the Pope is the living rule that the Church must follow in the faith and that she has in fact always followed, as will appear more clearly by what will be said later. Certainly, God can permit that the vacancy of the See be prolonged sometimes for a long time. He can also permit that a doubt arise concerning the legitimacy of one or another elected. But He cannot permit that the whole Church accept a pontiff who is not true and legitimate. From which it follows that, once this one is received and united to the Church as the head to the body, there remains no longer any question to raise concerning a possible vice of the election or a defect of some condition necessary for legitimacy  for the aforesaid adherence of the Church radically heals every vice of election and manifests infallibly the existence of all the required conditions.

 

Pius XII  Apostolic Constitution Vacantis Apostolicae Sedis  gives at number 34   No cardinal can be excluded in any way whatsoever, under pretext or for cause of excommunication, suspension, interdict or other ecclesiastical impediment, from the active and passive election of the Sovereign Pontiff   We suspend these censures solely for the effect of this election, while leaving them in their force for the rest.

 

It is interesting to read that Pius XII who wanted to stop all fraud, simony and conspiracy under penalty of latae sententiae excommunication, lifted every excommunication but  as you read above  only for the active vote  to vote  and passive  to be elected pope , not for the other consequences that this penalty would give. This provision shows at least that Pius XII wanted to prevent ecclesiastical censures from becoming a motive for contesting the pontifical election, therefore to avoid schisms afterwards.  Some historians relate that he was already aware that the Church was infiltrated, especially in Rome and that consequently the danger of schism was real.

 

  1. Certain historical facts

 

Election of 28 October 1958   Angelo Roncalli is elected in the conclave by the cardinals present  51 voters, required majority   35 votes . He accepts the election immediately and announces his name    Accipio electionem et vocabo me Ioannem XXIII   I accept the election and I shall call myself John XXIII.   Acta Apostolicae Sedis, volume 50, 1958, page 909 . No known cardinal publicly formulated a contestation.

 

4.2. Immediate and universal acceptance

4.2.1. By the cardinals   All the cardinals present at the conclave pledge obedience to him in the Sistine Chapel, according to the traditional rite  see the official reports in L Osservatore Romano of 29 October 1958 .

4.2.2. By the clergy and the faithful   From 29 October 1958, the dioceses of the whole world announce his election and order prayers for the new pontiff. And during the months that followed the election, all the residential bishops of the world continued the hierarchical communion with John XXIII, mentioned his name in the liturgy and exercised their jurisdiction in communion with him. It is precisely the phenomenon that theologians designate by the Universal Peaceful Acceptance.

 

4.2.3. Examples

4.2.3.1. In Paris, Cardinal Feltin celebrates a Mass of thanksgiving and inserts the name of John XXIII in the canon of the Mass from 30 October  La Croix, 30 October 1958 .

4.2.3.2. In New York, Cardinal Spellman does the same  The New York Times, 29 October 1958 .

4.2.3.3. In Latin America, in Africa and in Asia, the apostolic nunciatures receive telegrams of allegiance from all the bishops.

4.2.4. By the States   More than 80 heads of State and government send official congratulations and recognise John XXIII as Sovereign Pontiff  Acta Apostolicae Sedis, volume 50, 1958, pages 915-920 . No Catholic State contests. This civil recognition obviously does not found pontifical legitimacy  it only confirms that no important public contestation existed then.

 

4.3. Absence of notable opposition

No cardinal, no residential bishop, no Catholic patriarch, no particular council nor any episcopal conference publicly contested his quality as pope.

No organised dissidence appears in 1958-1959. The rare isolated voices  such as that of Father Saenz y Arriaga, who will contest later  only emerge in 1963 and remain marginal, without adherence of bishops or faithful in significant number.

The entire Church  clergy, faithful, hierarchy  acts as if John XXIII were the legitimate pope   insertion of his name in the canon of the Mass everywhere, publication of encyclicals accepted  Mater et Magistra, 1961   Pacem in Terris, 1963 , and convocation of the council announced on 25 January 1959 and prepared without contestation.

 

  1. Logical conclusion

 

Since the universal peaceful acceptance is a certain historical fact  recognition by all the bishops, insertion in the liturgy, effective obedience without notable schism , Angelo Roncalli was constituted legitimate pope by the U.P.A., according to traditional Catholic doctrine. Any later contestation  posterior to 1959  cannot retroactively invalidate this initial peaceful acceptance, because legitimacy is acquired at the moment of the U.P.A. The question of whether John XXIII then preserved the Pontificate is entirely distinct. The U.P.A. demonstrates only that he was truly elected and recognised as legitimate pope in 1958. The possible later causes of loss of the Pontificate must therefore be examined separately.

 

Note

Since in the sedevacantist world several confreres, including a certain number of bishops and priests, hold an opinion different from mine, I accept and apply the adage in fide unitas, in opiniis libertas, in omnibus caritas .

Since they are quite numerous, it is necessary to take into account with an extrinsic evidence in their favour, although the force of the arguments that I employ in the text above seems to give it the value of an intrinsic evidence. In any case I submit in advance to any decision of the Church in this matter.

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