The Code of Canon Law and the Self-Consecration of Catholic Bishops in China in 1958
Abstract
1. Introduction
2. Who Is Violating the Code?
We acknowledge that the Pope stands above the Code; however, we also affirm that he cannot transcend it in a way that disregards sensibility and reason. Both the establishment of laws and the act of derogating from them must be grounded in the concrete interests of a particular Church. […] In other words, the legislator cannot legislate arbitrarily, nor can one who dispenses from the law do so at will. Above all stand sensitivity, reason and the interests of the Church, that is to say, there is the limit imposed by the holy will of Christ. (我们承认教宗是超法典的,但是我们说也不能越乎人情和理性而超法典。立法超法都必须以具体教会的利益为根据。[…] 也就是说,立法者不能随便的就立,超法典者也不能随便的就超。上层还有人情、理性、教会的利益;也就是说,还有基督的圣意限制).
If we do not achieve independence and autonomy, the clergy of the Chinese Catholic Church will be unable to enjoy the protection of the Code of Canon Law and will be deprived of the rights it guarantees. The Holy Church is a unified whole, and the Code has been established for the entire Holy Church. There are no distinctions between one country and another, and there is no justification for allowing Churches abroad to enjoy the rights of the Code while denying them to the Church in China. The Curia should treat all equally and must by no means discriminate against the clergy of the Chinese Catholic Church. (如果我们不独立自主,中国天主教会的神长,就不能得到圣教法典的保护,就不能享受圣教法典的权利。圣教会是一个整体的,法典是为全圣教会规定的,没有这国那国的区别,也没有外国可以享受法典的权利而中国教会不能享受的理由。教廷应一视同仁,决不当歧视中国天主教的神长).
If there are still those who believe that […] we should engage in a “legal struggle”—that is, continue to submit repeated requests for approval in accordance with the procedures established by the Code of Canon Law, and that the Curia will eventually approve the consecration of the bishop we have elected—this is nothing short of a joke! (若还有人认为:[…] 我们采取“合法斗争”,即按照圣教法典规定的手续一再申请,教廷是会批准我们选举祝圣主教的,真是笑话!).
With regard to autonomous consecrations, some people still hold confused ideas: they have become trapped in the dead ends of the Code and are unable to free themselves, continuing to harbor illusions about the Holy See […]. Others are filled with anxiety, fearing “schism”, fearing “excommunication”. All of this is mistaken. It is true that, according to the prescriptions of the Code, episcopal consecration requires the Holy See’s approval and provision; but this applies under normal circumstances, under circumstances in which the Roman Curia itself faithfully observes the Code. At present, however, the Curia, driven by reactionary political motives, has created an abnormal situation within the Chinese Catholic Church and has seriously harmed its interests. It is the Curia itself, therefore, that has violated the Code. (在自圣的问题上,有的人还存在一些胡涂观念,他们钻在法典的死犄角里拔不出脑袋来,他们还对教廷抱有幻想 […]。也有的人顾虑重重,怕“裂教”,怕“绝罚”。这都是错误的。诚然,根据法典规定,祝圣主教要教廷批准加委,但是这应该是在正常的情况下,首先是罗马教廷自己切实遵守法典的情况下;而在目前,教廷基于反动政治目的,造成中国天主教会的畸形现象,已经严重地破坏了中国天主教会的利益,它自己就破坏了法典).
The autonomous election of bishops is entirely feasible; all related concerns and problems can be easily resolved. As for autonomous episcopal consecration: according to the prescriptions of the Code, the right to consecrate bishops is reserved to the pope; without a papal canonical provision (provisio canonica) or mandate (mandatum), no bishop may be consecrated (canon 953 of the Code). However, it is important to clarify that affirming the necessity of papal provision or mandate for episcopal consecration does not mean that a bishop consecrated without such provision or mandate is invalid; rather, it means that such a consecration is not legitimate. What is referred to as provision or mandate pertains not to the validity (validitas) of the episcopal consecration, but to its legitimacy (liceitas). This is the core issue in the matter of autonomous consecration: is it permissible to consecrate a bishop without papal provision or mandate? To resolve this question, one must determine whether the papal provision or mandate is absolute or relative. (自选主教,是完全可以的,所有的顾虑和问题很容易解决。关于自圣主教:祝圣主教的权利,按法典规定,是保留于教宗的,无教宗之法定加委 (Provisio Canonica) 或诏勅 (Mandatum),不得祝圣任何主教 (法典第953条)。但是该当说明,祝圣主教必须有教宗的加委或诏勅,但不是说,没有教宗的加委或诏勅,祝圣的主教,就不妥当,而是说,不许祝圣主教。所谓加委或诏勅,并不涉及祝圣的有效与否 (Validitas),而只涉及祝圣的许可与否 (Liceitas)。这是自圣题问的焦点:没有教宗的加委或诏勅是否也可祝圣主教?要解决这一问题,就当看教宗的加委或诏勅,是绝对的还是相对的).
The power of orders (through which the ecclesiastical hierarchy is composed of Bishops, priests, and ministers) comes from receiving the Sacrament of Holy Orders. But the power of jurisdiction, which is conferred upon the Supreme Pontiff directly by divine rights, flows to the Bishops by the same right, but only through the Successor of St. Peter, to whom not only the simple faithful, but even all the Bishops must be constantly subject, and to whom they must be bound by obedience and with the bond of unity.
3. Accusations Against the “Reactionary Code”
The Code also contains certain religiously coloured provisions, included to disguise its fundamentally reactionary nature. For this reason, sections on the sacraments are present, to ensure that those who follow the Code do not perceive the toxic nature of its content. […] The Code established by the Vatican is, in essence, reactionary. It is not intended to safeguard the interests of the Church as a whole, but rather to foster hostility against the Soviet Union, against the Communist Party, against the people, against socialist states, and especially against our New China. We can no longer tolerate this. Within the Chinese Catholic Church, this Code will permanently lose its validity. It must not only be abolished and burned, we must also purge our minds of its poison. (在法典中也掺杂了一点宗教彩色的条文,做为掩饰他反动的本质,所以在法典上也包括着圣事等部分,使听从法典的人,不感觉他内容的毒辣。[…] 梵蒂冈制定的法典——本质是反动的,并不是为维护教会整体利益,而正是为仇视和反苏,反共,反人民,反社会主义国家,特别是反对我们的新中国。我们决不再容忍下去,这部法典在我们中国天主教会中,将永远失掉它的效力,不但将它作废,焚烧!更要把他的毒素由我们的脑海中清洗出去).(ibid., pp. 13–14)
It is no surprise that the French word canon, used to express the Code, also means ‘cannon’. It is clear that the Vatican used the Code of Canon Law to launch fierce attacks against the Soviet Union immediately after its revolutionary success, instructing the bishops in Europe and the Soviet Union to organize an anti-Soviet crusade. (无怪乎法典的法文字 canon 即大炮之意,这很显明的是梵蒂冈用法典,向刚刚革命成功的苏联加以猛攻,命令欧洲及苏联境内的主教要组织反苏十字军).(ibid., p. 28)
They [the rightist elements] adopt a stance of hostility toward the people and constantly use the Code to intimidate us. As a result, some individuals have fallen under the Code’s spell. The representatives therefore discussed the Code, and the vast majority concluded that it is reactionary. A very small number, however, maintained that there are parts of it that are good. We debated the matter until nine o’clock in the evening, at which point the presidium proposed writing dazibao. I then wrote a poster stating that, since the Code is harmful and entirely devoid of benefit, it should be burned without delay. Others wrote that the Code was a golden rule, sacred and inviolable—more sacred even than the Holy Scriptures. Still others argued that one should retain what is good and discard what is not. Upon seeing these dazibao, I wrote another one saying: Why are we still circling around the Code? It is both reactionary and poisonous. How could we remain attached to it? Since it is neither dogma nor doctrine to which we are bound to believe, even if it contains a few good elements, it should not be taken as a model. Let me give an example: there is a glass of good wine, but if urine is mixed into the glass, even if somebody is the most devoted wine enthusiast, upon realizing this, do you think he could still drink it? (他们[右派分子]是站在与人民敌对的立场,总是拿法典吓唬我们,因此也有的人受了法典的迷惑。所以代表们便讨论了法典,绝大多数的人都认为它是反动的;也有极少数人说它有一部分是好的。我们讨论至晚上九点时,主席团便提出了建议写大字报。当时我在大字报上说,既然法典是有害而无益的东西,应当快快烧掉才好。有人写的是,法典是金科玉律,是神圣不可侵犯的,它比圣经还圣;有的写着择其善者而从之,其不善者而改之。我看到这张大字报后,我又写了一张说:为什么还在法典上打圈子呢?它既是反动的,又是有毒的,我们怎能留恋它呢?它既不是当信的教义教规,虽然里边有一点好东西也不足取法了。举个例子来说吧,一杯酒是好的,若渗上了尿,虽然是最爱喝酒的人知道了里面有尿,你想他还能喝吗?).(ibid., p. 21)
4. The Final Turn Against the Code
We fully acknowledge that the Pope, who governs the Church on behalf of Christ, possesses the freedom to appoint bishops. However, since he exercises leadership on behalf of Christ, in accordance with Christ’s will, who entrusted him with the care of the “flock”, he ought to assign to each local Church pastors—that is, bishops—who can shepherd the “flock” In other words, the bishop exists to serve the Church: wherever there is a Church, there ought to be a bishop. For this reason, Christ entrusted the power to lead the Church to the bishops as successors of the apostles. Therefore, whether the Pope should appoint bishops to local Churches ought to depend on the concrete needs of those Churches. His freedom in appointing bishops must be understood solely as the freedom to select the candidate best suited to lead the Church effectively, not as the freedom to refuse to appoint a bishop to a diocese in need. Thus, the Pope’s freedom to appoint bishops to local Churches, like his authority of governance, is ultimately a relative freedom. (我们也完全承认,代替耶稣领导教会的教宗有委任主教的自由,但是他既然代替耶稣领导教会,就应该按耶稣叫他照管“羊群”的意旨给各个教会委派牧放“羊群”的主教,就是说,主教是为教会服务的,哪里有教会,哪里应该有主教,为了这个原故耶稣把领导教会的权柄交给了接宗徒位的主教;所以教宗是否要给各个教会委派主教,这应该取决于各地教会的需要,他给各地教会委任主教的自由也仅仅是挑选一位更能好好领导教会的主教的自由,而不是拒绝给那需要主教的教区不委派主教的自由,所以,他给各地教会委派主教的自由如同他的领导权一样是相对的).
The Code itself, as well as the purpose for which it was compiled, is to safeguard the interests of the Church, to ensure its unity, and to promote the salvation of the faithful. However, in today’s reality, the Vatican is using precisely this portion of the Code to advance its own political aims, letting the Chinese Catholic Church accept its political line. This runs directly counter to the Code itself and to the original purpose for which it was established, hereby causing the Code to lose its intended purpose. If we consider the principle affirmed by theologians that “a law ceases to be binding once it no longer serves its intended purpose”, the question is no longer whether or not we choose to follow the law, but rather that the Code itself no longer has binding force over us. Therefore, we are under no obligation to observe it. For this reason, I believe that it is not appropriate to claim, as someone did in reference to the autonomous elections and consecrations, that we have “broken the Code” […], rather, it is the Code itself that has lost its binding authority over us. However, should the political stance of the Vatican Curia change, or should it cease using the Code as a tool to implement its political agenda, then it [this portion of the Code] could once again fulfil its original purpose of protecting the Church’s interests and regain its binding force. Accordingly, I believe our current attitude toward this part of the Code should be one of suspension and non-observance. (法典的本身与判定法典的目的是维护教会的利益,保障教会之团结及教友灵魂之得救。但就今天的现实来看,梵蒂冈恰恰利用了这部分法典而推行其政治企图,使中国天主教接受其政治路线。这样恰恰与法典本身及制定的原有目的背道而驰,使法典失掉了它的目的。根据神学家们“法律在失掉目的时,应自动停止其约束力”的定论来说,还不是我们守不守的问题,而是法典本身已经对我们没有约束力了,因而我们就根本没有遵守它的义务;因此我认为在自选自圣主教上有人提出“突破法典”的这种说法是不大妥善的 […],而是它本身失掉了约束我们的力量。但是这部分法典,如果梵蒂冈教廷的政治态度转变或者不再利用它来作为推行政治的工具时,它[这部分法典]仍然可以获得其维护教会利益的目的而产生其约束力,那末,对这部分法典,我认为我们的态度应该是悬而不守).
The essential contents of the Code are as outlined above: after reading the brief overview provided, no matter how dull one may be, it is not difficult to grasp its true nature. The so-called Code of Canon Law is precisely such a thing. As for how one ought to approach it, that primarily depends on your political standpoint. (法典之基本内容有如上述:看了上面的简单介绍,任你是怎样的钝根,也不难看出法典的真正本质;所谓圣教法典,就是这样的东西。至于应当怎样去对待它,便首先看你站在怎样的政治立场上了).(ibid., p. 33)
5. Conclusions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Conflicts of Interest
Appendix A
Author | Background Information | Title of the Article | Publication Date |
---|---|---|---|
Song Leshan 宋乐山 | Priest, teacher at the Seminary of Tianjin | Wo dui Shanghai jiaoqu Zhang Shilang daizhujiao wenti de kanfa 我对上海教区张士琅代主教问题的看法 [My Views on the Issue of Zhang Shilang as Vicar Capitular of the Diocese of Shanghai] | 25 November 1957 |
Lan Luyi 蓝路一 | Priest, teacher at the Seminary of Tianjin | “Weile jiaoyou ji jiaoqu de xuqiu”—Jiaozong jiechu Zhang Shilang daizhujiao zhiwu de mingling shifou youxiao wenti de tantao “为了教友及教区的需求”——教宗解除张士琅代主教职务的命令是否有效问题的探讨 [“For the Needs of the Faithful and the Diocese”: A Discussion on the Validity of the Pope’s Order Removing Zhang Shilang from His Position as Vicar Capitular] | 5 December 1957 |
Wu Jingxi 吴景溪 | Parish priest of the Xiaowangzhuang Church (Tianjin) | Zhongguo Tianzhujiaohui yingdang duli zizhu, shixing sheng tongzhi 中国天主教会应当独立自主,实行圣统制 [The Chinese Catholic Church Should Be Independent and Autonomous, and Implement the Holy Hierarchy] | 1 January 1958 |
Wang Da 王达 | Priest of the Diocese of Wuhu | Duli zizhu ziban jiaohui de wojian 独立自主自办教会的我见 [My Opinion on Building an Independent, Autonomous, and Self-Managed Church] | 16 March 1958 |
Unauthored | Zixuan zhujiao—Duli zizhu daolu de lichengbei 自选主教——独立自主道路的里程碑 [Self-Elected Bishops: A Milestone on the Path to Independence and Autonomy] | 16 March 1958 | |
Unauthored | Zai tan zixuan zhujiao de wenti 再谈自选主教的问题 [A Further Discussion on the Issue of Self-Elected Bishops] | 01 April 1958 | |
Pang Shihong 庞世宏 | Priest of the Diocese of Jining (Inner Mongolia), director of the Department for Propaganda of Faith of the Chinese Catholic Patriotic Association | Zhongguo Tianzhujiaohui de da xishi 中国天主教会的大喜事 [A Great Event for the Catholic Church in China] | 16 April 1958 |
Wang Xi’er 王洗耳 | Priest, director of the Seminary of Tianjin | Cong zhengzhi he jiaohui fangmian lai kan zixuan zisheng zhujiao wenti 从政治和教会方面来看自选自圣主教问题 [The Question of the Self-Election and Self-Consecration of Bishops from Political and Ecclesiastical Perspectives] | 16 May 1958 |
Zhu Guang 朱光 Zhang Jinshan 张金山 | Priests of the Diocese of Xianxian (Hebei) | Guanyu zixuan zisheng zhujiao wenti 关于自选自圣主教问题 [On the Issue of the Autonomous Election and Consecration of Bishops] | 16 May 1958 |
Yuan Lezhong 袁乐中 | Priest of the Diocese of Nanchong | Dui zisheng zhujiao de yixie renshi 对自圣主教的一些认识 [Some Views on the Self-Consecration of Bishops] | 1 June 1958 |
Xia Defa 夏德发 | Priest of the Diocese of Rehe | Yong shishi shuoming Fadian yanjiu gei Zhongguo jiaohui dailai xie shenme 用事实说明法典研究给中国教会带来些甚么 [Using Facts to Show What the Study of Canon Law Has Brought to the Church in China] | 01 August 1958 |
Lan Luyi 蓝路一 | Priest, teacher at the Seminary of Tianjin | Women yao zixuan zisheng zhujiao 我们要自选自圣主教 [We Must Self-Elect and Self-Consecrate Our Own Bishops] | 15 August 1958 |
Yao Zhengyi 姚正一 | Priest of the Diocese of Datong | Wo ye tantan Fadian wenti 我也谈谈法典问题 [I, Too, Wish to Speak on the Canon Law Issue] | 16 Settembre 1958 |
Jiang Jianwen 姜建文 | Layperson of the Diocese of Zhengzhou | Fadian shi wei diguozhuyi xiaolao de gongju 法典是为帝国主义效劳的工具 [The Canon Law is a Tool Serving the Interests of Imperialism] | 01 October 1958 |
Bai Qinglan 白晴岚 | Parish priest of the Cathedral of Zhengzhou | Bo Yao Zhengyi shenfu dui “Fadian” wenti de guandian 驳姚正一神父对”法典”问题的观点 [A Refutation of Father Yao Zhengyi’s Views on the Question of the “Code”] | 01 November 1958 |
Zheng Deqing 郑德清 | Vicar of the Diocese of Shashi (Hubei) | Fadian wenti wojian 法典问题我见 [My Views on the Canon Law Issue] | 01 November 1958 |
Li Zengyi 李增益 | Unknown | Diangang li chebuchu baibu lai 靛缸里扯不出白布来 [You Can’t Get Clean Cloth from a Vat of Dye] | 15 November 1958 |
Wang Ande 王安德 | Priest of the Guyang District (Baotou, Inner Mongolia) | Bo Yao Zhengyi jun dui “Fadian” wenti de lunduan 驳姚正一君对”法典”问题的论断 [Refuting Mr. Yao Zhengyi’s Assertions on the Question of the “Code”] | 15 November 1958 |
Wang Xi’er 王洗耳 | Priest, director of the Seminary of Tianjin | “Shengjiao Fadian” jiepou “圣教法典”解剖 [An Analysis of the Code of Canon Law] | 20 December 1958 |
1 | |
2 | For an account of the founding of the Chinese Catholic Patriotic Association, see Giunipero (2007, pp. 121–32), Zhongguo Tianzhujiao Aiguohui and Zhongguo Tianzhujiao Zhujiaotuan (2008), and M. Wang (2019). |
3 | It should be noted that canon 2370 originally prescribed only the penalty of suspension: “A Bishop consecrating another Bishop, and the assistant Bishops or, in the place of Bishops, priests, and those who receive consecration without an apostolic mandate against the prescription of Canon 953 are by the law suspended until the Apostolic See dispenses them”. However, on 9 April 1951, the Supreme Sacred Congregation of the Holy Office promulgated a General Decree that amended the provision of canon 2370, replacing it with the penalty of ipso facto excommunication, reserved specialissimo modo to the Holy See (Pighin 2012, p. 410). For canonical issues related to episcopal elections and ordinations, see King (1989), Tkhorovskyy (2004, pp. 51–126) and Pighin (2012). |
4 | Initially named the Tianjin Catholic Committee for the Promotion of the Reform Movement (天津天主教革新运动促进会), the body responsible for publishing the journal later changed its name first to the Tianjin Committee of Catholic Faithful for the Promotion of the Patriotic Movement (天津市天主教教友爱国运动促进会) and subsequently to the Tianjin Catholic Patriotic Association (天津市天主教友爱国会). These changes in name reflect the different stages of the religious policy of the Chinese Communist Party during the 1950s, starting from the “Reform Movement” (革新运动), then shifting to the “Patriotic Movement” (爱国运动), up to the foundation of national and local patriotic associations. |
5 | |
6 | |
7 | Canon 429, §3: “These [successors designated by the Bishop himself] being absent, or, as mentioned above, impeded, the Chapter of the cathedral church will constitute its Vicar, who will assume governance with the power of a Vicar Capitulary”. All English translations of the 1917 Code of Canon Law are from Peters (2001). |
8 | Canon 218, § 1: “The Roman Pontiff, the Successor in primacy to Blessed Peter, has not only a primacy of honor, but supreme and full power of jurisdiction over the universal Church both in those things that pertain to faith and morals, and in those things that affect the discipline and government of the Church spread throughout the whole world”. § 2: “This power is truly episcopal, ordinary, and immediate both over each and every church and over each and every pastor and faithful independent from any human authority”. |
9 | All translations from Chinese in the text are by Paolo De Giovanni. |
10 | Most of the articles published in this period deal primarily with episcopal self-elections (自选), while the topic of self-consecration (自圣) is only touched upon marginally. This can be interpreted as a sign of prudence and caution on the part of the Chinese Church in proceeding with the consecration, for which there may still have been hope of receiving papal approval. |
11 | Canon 331, § 2: “Even regarding one who is elected, presented, or in any other way designated by those who have been granted the privilege of electing, presenting, or otherwise designating [one] by grant of the Holy See, he must be mindful to partake of these qualities”. § 3: “It pertains solely to the Apostolic See to judge whether one is suitable”. |
12 | As further evidence of this point, it should be noted that, around the same period, Deng Jiqian 邓汲谦, vicar of the Diocese of Guiyang, was labeled a “rightist”; among the numerous charges brought against him was his opposition to self-elections and self-consecrations, for which he invoked the Code as a “pretext” (Guizhou sheng Tianzhujiaoyou Aiguohui 1958, p. 18). |
13 | It is worth noting that, at the time the article was published, the Holy See had already refused to approve the elections of Dong Guangqing 董光清 and Yuan Wenhua 袁文华; however, these cases were not mentioned in the article, which still refers exclusively to the case of Zhang Shilang. |
14 | As Giunipero (2009, 2019) points out, evidence from Dong’s letters sent in 1958 and from his personal meetings with foreign priests in the following decades indicates that Dong Guangqing’s acceptance of autonomous consecration was motivated not by a desire to break communion with Rome, but rather by the intention to prevent the local Church from facing even worse consequences in the event of a refusal. |
15 | Canon 332, §1: “Whoever is to be promoted to the episcopate, even if he is elected, presented, or designated even by a civil Government, needs canonical provision or institution by which the Bishop is constituted in a vacant diocese, which only the Roman Pontiff can give”. |
16 | Canon 953: “The consecration of a Bishop is reserved to the Roman Pontiff so that it is not permitted to any Bishop to consecrate another as Bishop without first having gotten a pontifical mandate”. |
17 | See note 3 above. |
18 | |
19 | Accounts on how the campaign was carried out in the Chinese Catholic Church can be found in Beijing deng di shenzhang (1958); Canjia xiang Dang jiaoxin (1958); Dapo-dali (1958); Fenyang Heze jiaoqu (1958); Ha’erbin deng diqu (1958); Xiang Dang jiaoxin (1958); Zhang Jizhong 张济众 (J. Zhang 1958). |
20 | On the 1957 Anti-Rightist Campaign, see Shen (2008, pp. 627–88). |
21 | Also known as the Diocese of Jinzhou or of Jehol. The Latin denomination adopted by the Holy See is Dioecesis Geholensis (de Jehol). |
22 | At the present stage, documentation from three dioceses has been consulted: Rehe (Jinzhou shi Tianzhujiaoyou Aiguohui Chouweihui 1958), Guiyang (Guizhou sheng Tianzhujiaoyou Aiguohui 1958), and Hongzhao (Hongzhao xian Tianzhujiaoyou Aiguohui 1958). In the latter two cases, the issue of the Code appears to be only marginal. |
23 | Canon 2333: “Those having recourse to lay power or impeding letters or any acts of the Apostolic See or made by its Legates, prohibiting directly or indirectly their promulgation or execution, or injuring or intimidating on their account those to whom such letters or acts pertain or others, fall by that fact under excommunication specially reserved to the Apostolic See”. |
24 | Canon 2344: “Whoever gives injury to the Roman Pontiff, a Cardinal of the H[oly] R[oman] C[hurch], a Legate of the Roman Pontiff, to Sacred Roman Congregations, Tribunals of the Apostolic See, and their major Officials, and their own Ordinary by public journals, sermons, or pamphlets, whether directly or indirectly, or who excites animosity or odium against their acts, decrees, decisions, or sentences shall be punished by an Ordinary not only at the request of a party but even by office with censures and, in order to accomplish satisfaction, other appropriate penalties and penances for the gravity of the fault and the repair of scandal”. |
25 | On the expulsion of the internuncio Riberi, see Myers (1991, pp. 87–94); Giunipero (2007, pp. 49–60). |
26 | Canon 120, § 1: “Clerics shall in all cases, whether contentious or criminal, be brought before an ecclesiastical judge, unless it has been legitimately provided otherwise in certain places”. § 2: “Cardinal Fathers, Legates of the Apostolic See, Bishops, even titular ones, Abbots or Prelates of no one, supreme Superiors of religious [institutes] of pontifical right, and major Officials of the Roman Curia may not be summoned before lay judges for matters pertaining to their duties without coming to the Apostolic See; [the same is true for] others enjoying the privilege of the forum, without coming to the Ordinary of the place where the matter will be tried; the Ordinary, however, especially when a lay person is the petitioner, will not deny this permission except for just and grave causes, all the more so when he was unable to bring about a resolution of the controversy between the parties”. |
27 | On Cardinal Gasparri’s role in the drafting of the Code of Canon Law, see Fantappiè (2008, vol. 1, pp. 906–17); On the recognition of Manchukuo, see Coco (2006). |
28 | With regard to the validity of the sacraments, the papal bull Inter Cunctas referred to “the intention [of the minister] of doing what the Church does” (intenti[o] faciendi quod facit Ecclesia) (Denzinger 1911, p. 223). |
29 | Canon 329, § 1: “Bishops are successors of the Apostles and by divine institution are placed over specific churches that they govern with ordinary power under the authority of the Roman Pontiff”. § 2: “The Roman Pontiff freely appoints them”. |
30 | Most of the articles published in support of the self-elections and self-consecration refer to the Pope’s refusal to appoint new bishops. However, they remain silent on the fact that, in most cases, these dioceses were not vacant but impeded, due to the arrest of Chinese ordinaries or the expulsion of foreign ones. |
31 | On the drafting process of the encyclical Ad Apostolorum Principis, see Giunipero (forthcoming), which depicts the Holy See’s reactions to accounts from China concerning the establishment of the Patriotic Association and the first self-elections and self-consecrations. |
32 | See note 8 above. |
33 | Canon 889, § 1: “The sacramental seal is inviolable; therefore a confessor will diligently take care that neither by word nor by sign nor in any other way or for any reason will he betray in the slightest anyone’s sin”. § 2: “Interpreters are likewise bound by the obligation of preserving the sacramental seal, as well as all those who in any way come into knowledge of the confession”. |
34 | Canon 1179: “Churches enjoy the right of asylum such that pursued ones who take refuge in them shall not be removed, unless necessity urges, without the assent of the Ordinary or at least the rector of the church”. |
35 | Canon 3: “The canons of this Code in no way abrogate from or in any way obrogate treaties entered into by the Apostolic See with various Nations; these treaties, therefore, maintain their present force, notwithstanding any contrary prescriptions of this Code”. |
36 | For an overview of all articles published in Guangyang between November 1957 and December 1958 that address the issue of the Code of Canon Law, see Appendix A. |
37 | It is worth noting that, as Giunipero (Forthcoming) has pointed out, although the Holy See condemned both the Patriotic Association and the autonomous episcopal consecrations, it nevertheless adopted a cautious stance in order to avoid a complete break. |
References
- Ad Apostolorum Principis. 1958. English Version of the Encyclical of Pope Pius XII. Available online: https://www.vatican.va/content/pius-xii/en/encyclicals/documents/hf_p-xii_enc_29061958_ad-apostolorum-principis.html (accessed on 10 July 2025).
- Ad Sinarum Gentem. 1954. English Version of the Encyclical of Pope Pius XII. Available online: https://www.vatican.va/content/pius-xii/en/encyclicals/documents/hf_p-xii_enc_07101954_ad-sinarum-gentem.html (accessed on 10 July 2025).
- Bai, Qinglan 白晴岚. 1958. Bo Yao Zhengyi shenfu dui “Fadian” wenti de guandian 驳姚正一神父对“法典”问题的观点 [A Refutation of Father Yao Zhengyi’s Views on the Question of the “Code”]. Guangyang 广扬. November 1, pp. 14–18. [Google Scholar]
- Beijing deng di shenzhang xiang Dang jiaoxin 北京等地神长向党交心 [Clergy from Beijing and Other Regions Open Their Hearts to the Party]. 1958, Guangyang 广扬, July 16, p. 20.
- Canjia xiang Dang jiaoxin de yixie tiyan 参加向党交心的一些体验 [Experiences from Participating in the Open-Your-Heart-to-the-Party]. 1958, Guangyang 广扬, July 16, pp. 18–20.
- Coco, Giovanni. 2006. Santa Sede e Manciukuò (1932–1945): Con appendice di documenti. Città del Vaticano: Libreria Editrice Vaticana. [Google Scholar]
- Dapo-dali qingzhuang-qianjin Jin shi shenzhi renyuan xiang Dang jiaoxin 大破大立 轻装前进 津市神职人员向党交心 [Breaking with the Old and Establishing the New, March Forward Unburdened: Clergy of Tianjin Open Their Hearts to the Party]. 1958, Guangyang 广扬, May 16, pp. 33–34.
- Denzinger, Heinrich. 1911. Enchiridion symbolorum definitionum et declarationum de rebus fidei et morum, 11th ed. Freiburg: Herder. [Google Scholar]
- Dikötter, Frank. 2010. Mao’s Great Famine. The History of China’s Most Devastating Catastrophe, 1958–1962. London: Bloomsbury Publishing. [Google Scholar]
- Fantappiè, Carlo. 2008. Chiesa romana e modernità giuridica. Milano: Giuffrè. [Google Scholar]
- Fenyang, Heze jiaoqu shenzhang xiang Dang jiaoxin 汾阳、荷泽教区神长向党交心 [Clergy of the Fenyang and Heze Dioceses Open Their Hearts to the Party]. 1958, Guangyang 广扬, May 16, p. 35.
- Giunipero, Elisa. 2007. Chiesa cattolica e Cina comunista: Dalla rivoluzione del 1949 al Concilio Vaticano II. Brescia: Morcelliana. [Google Scholar]
- Giunipero, Elisa. 2009. Dong Guangqing and the Chinese Franciscans of Wuhan in the Fifties. In Silent Force: Native Converts in the Catholic China Mission. Edited by Rachel Lu Yan and Philip Vanhaelemeersch. Leuven: Ferdinand Verbiest Institute. [Google Scholar]
- Giunipero, Elisa. 2019. I vescovi cattolici nella Repubblica popolare cinese: Alcuni percorsi biografici. In Fede e culture nell’attualità cinese: XL Convegno di Studi Religiosi 8-9-10 novembre 2018. Edited by Elisa Giunipero and Gianni Criveller. Gazzada Schianno: Istituto Superiore di Studi Religiosi Beato Paolo VI, pp. 95–106. [Google Scholar]
- Giunipero, Elisa. Forthcoming. Pio XII e la Cina: La redazione dell’enciclica Ad apostolorum principis (1958). In Fare storia nel mondo globalizzato: Studi in onore di Agostino Giovagnoli. Edited by Giorgio Del Zanna, Elisa Giunipero, Daniela Preda and Adriano Roccucci. Bologna: Il Mulino.
- Guizhou sheng Tianzhujiaoyou Aiguohui 贵州省天主教友爱国会 [Catholic Patriotic Association of Guizhou Province]. 1958. Guiyang zongjiaoqu zixuan zisheng zhujiao Guizhou sheng Tianzhujiaoyou daibiao huiyi lianhe zhuanji 贵阳总教区自选自圣主教 贵州省天主教友代表会议联合专辑 [Joint Proceedings of the Autonomous Election and Consecration of the Bishop in the Archdiocese of Guiyang and of the Assembly of Catholic Representatives of Guizhou Province]. Guiyang: Guizhou sheng Tianzhujiaoyou Aiguohui 贵州省天主教友爱国会. [Catholic Patriotic Association of Guizhou Province]. [Google Scholar]
- Ha’erbin deng diqu shenzhang xiang Dang jiaoxin 哈尔滨等地区神长向党交心. [Clergy from Harbin and Other Regions Open Their Hearts to the Party]. 1958, Guangyang 广扬, July 1, p. 27.
- Hongzhao xian Tianzhujiaoyou Aiguohui 洪赵县天主教友爱国会 [Catholic Patriotic Association of Hongzhao County]. 1958. Shanxi sheng Hongzhao Xian Tianzhujiaoyou daibiao huiyi zhuanqi 山西省洪赵县天主敎友代表会议专辑 [Proceedings of the Assembly of Catholic Representatives of Hongzhao County, Shanxi Province]. Hongzhao: Hongzhao xian Tianzhujiaoyou Aiguohui 洪赵县天主教友爱国会. [Catholic Patriotic Association of Hongzhao County]. [Google Scholar]
- Jiang, Jianwen 姜建文. 1958. Fadian shi wei diguozhuyi xiaolao de gongju 法典是为帝国主义效劳的工具 [The Canon Law is a Tool Serving the Interests of Imperialism]. Guangyang 广扬, October 1, pp. 28–31. [Google Scholar]
- Jinzhou shi Tianzhujiaoyou Aiguohui Chouweihui 锦州市天主教友爱国会筹委会 [Preparatory Committee of the Catholic Patriotic Association of Jinzhou City]. 1958. Zhongguo Tianzhujiao Rehe jiaoqu jiaoyou daibiao yuejin dahui huikan 中国天主教热河教区教友代表跃进大会会刊 [Proceedings of the Congress for the Leap Forward of Catholic Representatives of the Catholic Church of Rehe Diocese, China]. Jinzhou: Jinzhou shi Tianzhujiaoyou Aiguohui Chouweihui 锦州市天主教友爱国会筹委会. [Preparatory Committee of the Catholic Patriotic Association of Jinzhou City]. [Google Scholar]
- King, Geoffrey. 1989. The Catholic Church in China: A Canonical Evaluation. The Jurist 49: 69–94. [Google Scholar]
- Lan, Luyi 蓝路一. 1957. “Weile jiaoyou ji jiaoqu de xuqiu”—Jiaozong jiechu Zhang Shilang daizhujiao zhiwu de min-gling shifou youxiao wenti de tantao “为了教友及教区的需求”——教宗解除张士琅代主教职务的命令是否有效问题的探讨 [“For the Needs of the Faithful and the Diocese”: A Discussion on the Validity of the Pope’s Order Removing Zhang Shilang from His Position as Vicar Capitular]. Guangyang 广扬, December 5, pp. 5–16. [Google Scholar]
- Lan, Luyi 蓝路一. 1958. Women yao zixuan zisheng zhujiao 我们要自选自圣主教 [We Must Self-Elect and Self-Consecrate Our Own Bishops]. Guangyang 广扬, August 15, pp. 20–32. [Google Scholar]
- Li, Zengyi 李增益. 1958. Diangang li chebuchu baibu lai 靛缸里扯不出白布来 [You Can’t Get Clean Cloth from a Vat of Dye]. Guangyang 广扬, November 15, pp. 23–24. [Google Scholar]
- Lin, Yunhui 林蘊暉. 2008. Zhonghua Renmin Gongheguo shi Di-si juan Wutuobang yundong—Cong dayuejin dao dajihuang (1958–1961) 中華人民共和國史 第四卷 烏托邦運動——從大躍進到大飢荒 (1958–1961) [The History of the People’s Republic of China, Volume 4. The Utopian Movement: The Great Leap Forward and the Great Famine (1958–1961)]. Xianggang: Xianggang Zhongwen Daxue dangdai Zhongguo wenhua yanjiu zhongxin 香港中文大學當代中國文化研究中心. [Google Scholar]
- Liu, Jianping 刘建平. 2012. Hongqi xia de shizijia—Xin Zhongguo chengli chuqi Zhonggong dui Jidujiao, Tianzhujiao de zhengce yanbian ji qi yingxiang (1949–1955) 紅旗下的十字架——新中國成立初期中共對基督教、天主教的政策演變及其影響(1949–1955) [The Cross under the Red Flag: The Policy Changes of the Chinese Communist Party towards Protestantism and Catholicism and Its Impacts in the Early PRC (1949–1955)]. Xianggang: Jidujiao Zhongguo Zongjiao Wenhua Yanjiushe 基督教中国宗教文化研究社. [Google Scholar]
- Mariani, Paul P. 2011. Church Militant: Bishop Kung and Catholic Resistance in Communist Shanghai. Cambridge and London: Harvard University Press. [Google Scholar]
- Myers, James T. 1991. Enemies Without Guns: The Catholic Church in the People’s Republic of China. New York: Paragon House. [Google Scholar]
- Ni, Chunna 倪春纳. 2012a. Jiaoxin yundong yu fanyou yundong bianxi 交心运动与反右运动辨析 [The Differences Between Devotion Movement and AntiRightist Movement]. Zhongnan Daxue Xuebao (Shehui kexue ban) 中南大学学报(社会科学版) 2: 55–9. [Google Scholar]
- Ni, Chunna 倪春纳. 2012b. Jiaoxin yundong de zhengzhixue fenxi—Jiyu zhengdang rentong de shijiao 交心运动的政治学分析——基于政党认同的视角 [A Political Analysis of the “Open-Your-Heart Campaign”: A Perspective Based on Party Identification]. Dangshi Yanjiu Yu Jiaoxue 党史研究与教学 2: 56–67. [Google Scholar]
- Pang, Shihong 庞世宏. 1958. Zhongguo Tianzhujiaohui de da xishi 中国天主教会的大喜事 [A Great Event for the Catholic Church in China]. Guangyang 广扬, April 16, pp. 4–8. [Google Scholar]
- Peters, Edward N., ed. 2001. The 1917 or Pio-Benedictine Code of Canon Law: In English Translation with Extensive Scholarly Apparatus. San Francisco: Ignatius Press. [Google Scholar]
- Pighin, Bruno F. 2012. Le ordinazioni episcopali senza mandato pontificio e le loro conseguenze canoniche. Ius Ecclesiae 24: 401–22. [Google Scholar]
- Shen, Zhihua 沈志華. 2008. Zhonghua Renmin Gongheguo shi Di-san juan Sikao yu xuanze—Cong zhishifenzi huiyi dao fanyoupai yundong (1956–1957) 中華人民共和國史 第三卷 思考與選擇——從知識分子會議到反右派運動(1956–1957) [The History of the People’s Republic of China, Volume 3. Reflections and Choices: The Consciousness of the Chinese Intellectuals and the Anti-Rightist Campaign (1956–1957)]. Xianggang: Xianggang Zhongwen Daxue dangdai Zhongguo wenhua yanjiu zhongxin 香港中文大學當代中國文化研究中心. [Google Scholar]
- Song, Leshan 宋乐山. 1957. Wo dui Shanghai jiaoqu Zhang Shilang daizhujiao wenti de kanfa 我对上海教区张士琅代主教问题的看法 [My Views on the Issue of Zhang Shilang as Vicar Capitular of the Diocese of Shanghai]. Guangyang 广扬, November 25, pp. 14–20. [Google Scholar]
- Tkhorovskyy, Mykhaylo. 2004. Procedura per la nomina dei vescovi: Evoluzione dal Codice del 1917 al Codice del 1983. Roma: Editrice Pontificia Università Gregoriana. [Google Scholar]
- Valente, Gianni. 2019. Le ordinazioni episcopali cinesi dagli anni Ottanta ad oggi. In L’Accordo tra Santa Sede e Cina: I cattolici cinesi tra passato e future. Edited by Agostino Giovagnoli and Elisa Giunipero. Milano: Guerini e Associati, pp. 187–95. [Google Scholar]
- Wang, Ande 王安德. 1958. Bo Yao Zhengyi jun dui ‘Fadian’ wenti de lunduan 驳姚正一君对‘法典’问题的论断 [Refuting Mr. Yao Zhengyi’s Assertions on the Question of the ‘Code’]. Guangyang 广扬, November 15, pp. 19–22. [Google Scholar]
- Wang, Da 王达. 1958. Duli zizhu ziban jiaohui de wojian 独立自主自办教会的我见 [My Opinion on Building an Independent, Autonomous, and Self-Managed Church]. Guangyang 广扬, March 16, pp. 5–10. [Google Scholar]
- Wang, Meixiu. 2019. La fondazione dell’Associazione patriottica dei cattolici cinesi nel 1957. In L’Accordo tra Santa Sede e Cina: I cattolici cinesi tra passato e future. Edited by Agostino Giovagnoli and Elisa Giunipero. Milano: Guerini e Associati, pp. 101–18. [Google Scholar]
- Wang, Xi’er 王洗耳. 1958a. Cong zhengzhi he jiaohui fangmian lai kan zixuan zisheng zhujiao wenti 从政治和教会方面来看自选自圣主教问题 [The Question of the Self-Election and Self-Consecration of Bishops from Political and Ecclesiastical Perspectives]. Guangyang 广扬, May 16, pp. 6–15. [Google Scholar]
- Wang, Xi’er 王洗耳. 1958b. ‘Shengjiao Fadian’ jiepou ‘圣教法典’解剖 [An Analysis of the Code of Canon Law]. Guangyang 广扬, December 20, pp. 23–33. [Google Scholar]
- Wu, Jingxi 吴景溪. 1958. Zhongguo Tianzhujiaohui yingdang duli zizhu, shixing sheng tongzhi 中国天主教会应当独立自主,实行圣统制 [The Chinese Catholic Church Should Be Independent and Autonomous, and Implement the Holy Hierarchy]. Guangyang 广扬, January 1, pp. 13–14. [Google Scholar]
- Xia, Defa 夏德发. 1958. Yong shishi shuoming Fadian yanjiu gei Zhongguo jiaohui dailai xie shenme 用事实说明法典研究给中国教会带来些甚么 [Using Facts to Show What the Study of Canon Law Has Brought to the Church in China]. Guangyang 广扬, August 1, pp. 22–24. [Google Scholar]
- Xiang Dang jiaoxin 向党交心 [Open-Your-Heart to the Party]. 1958, Guangyang 广扬, May 16, pp. 2–5.
- Yao, Zhengyi 姚正一. 1958. Wo ye tantan Fadian wenti 我也谈谈法典问题 [I, Too, Wish to Speak on the Canon Law Issue]. Guangyang 广扬, September 16, pp. 24–26. [Google Scholar]
- Yuan, Lezhong 袁乐中. 1958. Dui zisheng zhujiao de yixie renshi 对自圣主教的一些认识 [Some Views on the Self-Consecration of Bishops]. Guangyang 广扬, June 1, pp. 13–15, 40. [Google Scholar]
- Zai tan zixuan zhujiao de wenti 再谈自选主教的问题 [A Further Discussion on the Issue of Self-Elected Bishops]. 1958, Guangyang 广扬, April 1, pp. 2–5.
- Zhang, Jizhong 张济众. 1958. Kaizhan jiaoxin yundong de yixie tiyan 开展交心运动的一些体验 [Some Experiences from Carrying Out the Open-Your-Heart Campaign]. Guangyang 广扬, July 1, pp. 20–24. [Google Scholar]
- Zhang, Ren 张刃. 2010. ‘Xiang Dang jiaoxin’ de qianyin-houguo ‘向党交心’的前因后果 [The Causes and Consequences of the “Open-Your-Heart to the Party”]. Yanhuang Chunqiu 炎黄春秋 12: 58–62. [Google Scholar]
- Zheng, Deqing 郑德清. 1958. Fadian wenti wojian 法典问题我见 [My Views on the Canon Law Issue]. Guangyang 广扬, November 1, pp. 10–14. [Google Scholar]
- Zhongguo Tianzhujiao Aiguohui 中国天主教爱国会 [Chinese Catholic Patriotic Association], and Zhongguo Tianzhujiao Zhujiaotuan 中国天主教主教团 [Bishops’ Conference of Catholic Church in China], eds. 2008. Shengshen guangzhao Zhongguo jiaohui—Zhongguo Tianzhujiao Aiguohui chengli wushi nian lai de huihuang zuji 圣神光照中国教会——中国天主教爱国会成立五十年来的辉煌足迹 [The Holy Spirit Illuminates the Church in China—The Glorious Path of the Chinese Patriotic Catholic Association over Fifty Years Since Its Foundation]. Beijing: Zongjiao wenhua chubanshe 宗教文化出版社. [Google Scholar]
- Zhu, Guang 朱光, and Jinshan Zhang 张金山. 1958. Guanyu zixuan zisheng zhujiao wenti 关于自选自圣主教问题 [On the Issue of the Autonomous Election and Consecration of Bishops]. Guangyang 广扬, May 16, pp. 20–28. [Google Scholar]
- Zixuan zhujiao—Duli zizhu daolu de lichengbei 自选主教——独立自主道路的里程碑 [Self-Elected Bishops: A Milestone on the Path to Independence and Autonomy]. 1958, Guangyang 广扬, March 16, pp. 2–4.
Disclaimer/Publisher’s Note: The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of MDPI and/or the editor(s). MDPI and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content. |
© 2025 by the author. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
Share and Cite
De Giovanni, P. The Code of Canon Law and the Self-Consecration of Catholic Bishops in China in 1958. Religions 2025, 16, 1138. https://doi.org/10.3390/rel16091138
De Giovanni P. The Code of Canon Law and the Self-Consecration of Catholic Bishops in China in 1958. Religions. 2025; 16(9):1138. https://doi.org/10.3390/rel16091138
Chicago/Turabian StyleDe Giovanni, Paolo. 2025. "The Code of Canon Law and the Self-Consecration of Catholic Bishops in China in 1958" Religions 16, no. 9: 1138. https://doi.org/10.3390/rel16091138
APA StyleDe Giovanni, P. (2025). The Code of Canon Law and the Self-Consecration of Catholic Bishops in China in 1958. Religions, 16(9), 1138. https://doi.org/10.3390/rel16091138