Pope John XXIII (2)
His Election
and Universal Peaceful Acceptance (U.P.A.)
Table of Contents
- Preliminaries
1.1. Election and acceptance U.P.A.
1.2. Impediments and causes of loss of the papacy
1.3. John XXIII after his election
1.4. John XXIII occult heretic discovered after death
- Introduction
- Certain principle of theology and canon law
3.1. The theological doctrine
3.2. The Code of Canon Law of 1917
3.3. Cardinal Billot
3.4. The electoral constitution of Pius XII
- 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. Examples
4.2.4. By the States
4.3. Absence of notable opposition
4.3.1. No organized dissent
4.3.2. The entire Church acts as if John XXIII were the legitimate pope
- Logical conclusion
- Note
- Sources
- Preliminaries
To know whether Cardinal Joseph Roncalli truly became and remained pope, we are going to verify in him all the conditions of the papacy in a few chapters.
1.1. Election and acceptance U.P.A.
First, a pope must be elected by the conclave and accepted by the Church, in order to receive immediately from God the pontifical jurisdiction, thus the papacy.
1.2. Impediments and causes of loss of the papacy
Next we are going to verify the impediments and causes of loss. We have indeed seen in a previous chapter the causes of impediment or of loss of the office of pope. They are six, according to the common opinion of the 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. John XXIII after his election
1.4. John XXIII occult heretic discovered after death
Finally we will 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 first chapter: Election and Acceptance U.P.A.
- Introduction
We are going to research whether Cardinal Joseph Roncalli was accepted by the Church, for the U.P.A., the Universal Peaceful Acceptance of a pope (see the chapter on the U.P.A.), constitutes a dogmatic fact which gives a certainty (see the chapter on Dogmatic Facts).
- Certain principle of theology and canon law
3.1. The theological doctrine
Saint Thomas Aquinas teaches that the papal authority proceeds immediately from God, but that the designation of the person of the pontiff is mediate by the Church, via the canonical election. The subsequent 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 recognized as such by the entire Church without notable and lasting opposition.
3.2. The Code of Canon Law of 1917
The Code of Canon Law of 1917, at canon 109, teaches that the Pontificate is received immediately by divine right after the legitimate election accepted by the elect (canon 109, p. 28–29; canon 219, p. 47). 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 are not chosen by the consent or the call of the people or of the secular power; but they are constituted in the degrees of the power of order by holy ordination; in the sovereign pontificate, by the divine right itself, by means of legitimate election and acceptance of the election; in the other degrees of jurisdiction, by the canonical mission.” (Canon 109, translation from the Latin.)
3.3. Cardinal Billot
This is confirmed by the doctrine of Cardinal Billot with clarity, by positing that the universal and peaceful adherence of the Church to the designated Peter is an infallible sign that the latter is the true Peter.
Cardinal Louis Billot, S.J., Tractatus de Ecclesia Christi, volume 1, 3rd edition, Prato, 1909, question 14, thesis 29, paragraph 3, p. 620–621, translation from the Latin:
“[…] one must hold at least as absolutely unshakeable and placed beyond all doubt this: the adherence of the universal Church will always be, by itself alone, an infallible sign of the legitimacy of the person of the Pontiff and, consequently, of the existence of all the conditions required for the legitimacy itself. And it is not necessary to search long for the reason. For this follows immediately from the infallible promise and the providence of Christ: “The gates of hell shall not prevail against it” [Mt 16, 18], and again: “Behold, I am with you all days” [Mt 28, 20]. It would indeed be the same thing for the Church to adhere to a false pontiff as to adhere to a false rule of faith, since the Pope is the living rule which the Church must follow in the faith and which it always follows in fact, as will appear more clearly by what will be said further on. 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 the other elect. But he cannot permit that the entire Church accept a pontiff who is not true and legitimate. Whence it follows that, the latter once received and united to the Church as the head to the body, there no longer subsists any question to raise concerning a possible vice of the election or a defect of some condition necessary to the legitimacy; for the aforesaid adherence of the Church radically heals every vice of election and infallibly manifests the existence of all the required conditions.”
3.4. The electoral constitution of Pius XII
Pius XII, in the apostolic constitution Vacantis Apostolicae Sedis of 8 December 1945, gives at number 34 (Acta Apostolicae Sedis, volume 38, 1946, p. 76), in translation:
“No cardinal can be excluded in any manner whatsoever, under pretext or for cause of excommunication, of suspension, of interdict or of 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 to subsist 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 excommunication latae sententiae, that is to say incurred by the very fact, has lifted all excommunication, but, as you read above, just for the active vote (to vote) and passive (to be elected pope), not for the other consequences that this penalty would give. This disposition shows at least that Pius XII wanted to prevent that ecclesiastical censures could become a motive of contestation of the pontifical election, thus to avoid schisms after the fact. Some historians relate that he already realized that the Church was infiltrated, especially at Rome, and that consequently the danger of schism was real.
- Certain historical facts
4.1. Election of 28 October 1958
Angelo Roncalli is elected at the conclave by the cardinals present: 51 voters, required majority: 35 votes (Acta Apostolicae Sedis, volume 50, 1958, p. 866–867 and 877; Pius XII, Vacantis Apostolicae Sedis, number 86, Acta Apostolicae Sedis, volume 38, 1946, p. 92). He accepts immediately the election and announces his name, John XXIII. The official text bears: “accepto electionem ab ipsis factam” — “I accept the election made by them” — and “Vocabor Ioannes” — “I shall be called John” (Acta Apostolicae Sedis, volume 50, 1958, p. 878). No known cardinal formulated publicly a contestation.
4.2. Immediate and universal acceptance
4.2.1. By the cardinals
All the cardinals present at the conclave render him obedience in the Sistine Chapel, according to the traditional rite (Acta Apostolicae Sedis, volume 50, 1958, p. 879–880).
4.2.2. By the clergy and the faithful
From 29 October 1958, the dioceses of the entire world announce his election and order prayers for the new pontiff. And during the months which 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 which the theologians designate by the Universal Peaceful Acceptance.
4.2.3. Examples
4.2.3.1. In Paris
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
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
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 of government send official congratulations and recognize John XXIII as Sovereign Pontiff. No Catholic State contests. This civil recognition does not of course found the pontifical legitimacy; it confirms only 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 of pope.
4.3.1. No organized dissent
No organized dissent appears in 1958–1959. The rare isolated voices, like that of Father Saenz y Arriaga, who will contest later, emerge only in 1963 and remain marginal, without adhesion of bishops or of faithful in significant number.
4.3.2. The entire Church acts as if John XXIII were the legitimate pope
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 accepted encyclicals (Mater et Magistra, 15 May 1961; Pacem in Terris, 11 April 1963), and convocation of the council announced on 25 January 1959 (John XXIII, allocution to the cardinals gathered at the monastery of Saint Paul, 25 January 1959) and prepared without contestation.
- 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 the traditional Catholic doctrine. Any later contestation, posterior to 1959, cannot retroactively invalidate this initial peaceful acceptance, for the legitimacy is acquired at the moment of the U.P.A. The question of knowing whether John XXIII subsequently conserved the Pontificate is entirely distinct. The U.P.A. demonstrates only that he was truly elected and recognized as legitimate pope in 1958. The possible subsequent causes of loss of the Pontificate must therefore be examined separately.
- Note
Since in the sedevacantist world several confreres, of whom a certain number of bishops and priests, hold an opinion different from mine, I accept and apply the adage “in fide unitas, in opinionibus libertas, in omnibus caritas”: “in the faith, unity; in the opinions, liberty; in all things, charity”.
Since they are quite numerous, one must take into account with an “extrinsic evidence” in their favor, although the force of the arguments which I employ in the text above seems to it to give the value of an “intrinsic evidence”. In any case I submit myself in advance to any decision of the Church in this matter.
- Sources
- Louis Billot, S.J., Tractatus de Ecclesia Christi sive continuatio theologiae de Verbo incarnato, volume 1, De credibilitate Ecclesiae, et de intima ejus constitutione, 3rd edition, Prato, Ex officina libraria Giachetti, filii et soc., 1909, question 14, thesis 29, paragraph 3, p. 620–621. Language: Latin. Translation of the titles: Treatise on the Church of Christ, or continuation of the theology of the Incarnate Word; On the credibility of the Church and on its intimate constitution.
- Codex Iuris Canonici Pii X Pontificis Maximi iussu digestus Benedicti Papae XV auctoritate promulgatus, Rome, Typis Polyglottis Vaticanis, 1917, Acta Apostolicae Sedis, volume 9, part 2, canon 109, p. 28–29; canon 219, p. 47. Language: Latin. Translation of the title: Code of Canon Law drawn up by order of the Sovereign Pontiff Pius X and promulgated by the authority of Pope Benedict XV.
- Pius XII, apostolic constitution Vacantis Apostolicae Sedis, De Sede Apostolica vacante et de Romani Pontificis electione, 8 December 1945, Acta Apostolicae Sedis, volume 38, 1946, p. 65–99; number 34, p. 76; number 86, p. 92; numbers 92–95, p. 94–95. Language: Latin. Translation of the descriptive title: On the vacancy of the Apostolic See and on the election of the Roman Pontiff.
- Acta Apostolicae Sedis. Commentarium officiale, volume 50, Typis Polyglottis Vaticanis, 1958: list of the cardinals, p. 866–867; Electio Summi Pontificis, p. 877–879; Reseratio Conclavis, p. 880–881. Language of the passages: Latin. Translations: Acts of the Apostolic See. Official bulletin; Election of the Sovereign Pontiff; Reopening of the conclave.
- John XXIII, Mater et Magistra, 15 May 1961. Language: Latin. Translation of the title: Mother and Teacher.
- John XXIII, Pacem in Terris, 11 April 1963. Language: Latin. Translation of the title: Peace on Earth.
- John XXIII, allocution to the cardinals gathered at the monastery of Saint Paul, 25 January 1959, announcing the Roman synod, the ecumenical council and the updating of the Code of Canon Law. Language: Italian.
- La Croix, Paris, 30 October 1958. Language: French.
- The New York Times, New York, 29 October 1958. Language: English.
- Gospel according to Saint Matthew, chapter 16, verse 18, and chapter 28, verse 20; passages cited by Billot, Tractatus de Ecclesia Christi, volume 1, 3rd edition, 1909, p. 620.
- Charlton T. Lewis and Charles Short, A Latin Dictionary, entry opinio. Latin-English dictionary. Translations: Latin dictionary; opinion.