Cardinal Zen has criticised the reported progress towards an agreement, most particularly in an interview published in the Wall Street Journal (but behind a subscription/registration firewall). Reports of his criticism can be found here and here.
As I write I do not know whether an agreement has been reached; and nor do I know the subtleties of its contents, particularly as regards the appointment and ordination of bishops. What I have wondered, though, is whether or not Pope Francis' moves in this area are in continuity with Pope Benedict XVI's letter to Chinese Catholics of May 2007. That letter, as I recall it from the time, had an underlying anxiety to achieve some degree of reconciliation between the faithful of the "underground Church" and those of the "patriotic Church", whilst at the same time being very clear in its affirmation of the requirements of authentic ecclesial communion. It also includes a call for dialogue between the Holy See and the authorities in China. I do find it difficult to believe that any agreement will conflict with the provisions of Pope Benedict's letter (events might prove me wrong?), from which I quote a passage that may well provide some background to the reports with regard to the recognition of "state appointed" bishops (or, in the language of Pope Benedict's letter, the "legitimisation" of bishops appointed without an Apostolic mandate):
Currently, all the Bishops of the Catholic Church in China are sons of the Chinese People. Notwithstanding many grave difficulties, the Catholic Church in China, by a particular grace of the Holy Spirit, has never been deprived of the ministry of legitimate Pastors who have preserved the apostolic succession intact. We must thank the Lord for this constant presence, not without suffering, of Bishops who have received episcopal ordination in conformity with Catholic tradition, that is to say, in communion with the Bishop of Rome, Successor of Peter, and at the hands of validly and legitimately ordained Bishops in observance of the rite of the Catholic Church.
Some of them, not wishing to be subjected to undue control exercised over the life of the Church, and eager to maintain total fidelity to the Successor of Peter and to Catholic doctrine, have felt themselves constrained to opt for clandestine consecration. The clandestine condition is not a normal feature of the Church's life, and history shows that Pastors and faithful have recourse to it only amid suffering, in the desire to maintain the integrity of their faith and to resist interference from State agencies in matters pertaining intimately to the Church's life. For this reason the Holy See hopes that these legitimate Pastors may be recognized as such by governmental authorities for civil effects too – insofar as these are necessary – and that all the faithful may be able to express their faith freely in the social context in which they live.
Other Pastors, however, under the pressure of particular circumstances, have consented to receive episcopal ordination without the pontifical mandate, but have subsequently asked to be received into communion with the Successor of Peter and with their other brothers in the episcopate. The Pope, considering the sincerity of their sentiments and the complexity of the situation, and taking into account the opinion of neighbouring Bishops, by virtue of his proper responsibility as universal Pastor of the Church, has granted them the full and legitimate exercise of episcopal jurisdiction. This initiative of the Pope resulted from knowledge of the particular circumstances of their ordination and from his profound pastoral concern to favour the reestablishment of full communion. Unfortunately, in most cases, priests and the faithful have not been adequately informed that their Bishop has been legitimized, and this has given rise to a number of grave problems of conscience. What is more, some legitimized Bishops have failed to provide any clear signs to prove that they have been legitimized. For this reason it is indispensable, for the spiritual good of the diocesan communities concerned, that legitimation, once it has occurred, is brought into the public domain at the earliest opportunity, and that the legitimized Bishops provide unequivocal and increasing signs of full communion with the Successor of Peter.
Finally, there are certain Bishops – a very small number of them – who have been ordained without the Pontifical mandate and who have not asked for or have not yet obtained, the necessary legitimation. According to the doctrine of the Catholic Church, they are to be considered illegitimate, but validly ordained, as long as it is certain that they have received ordination from validly ordained Bishops and that the Catholic rite of episcopal ordination has been respected. Therefore, although not in communion with the Pope, they exercise their ministry validly in the administration of the sacraments, even if they do so illegitimately. What great spiritual enrichment would ensue for the Church in China if, the necessary conditions having been established, these Pastors too were to enter into communion with the Successor of Peter and with the entire Catholic episcopate! Not only would their episcopal ministry be legitimized, there would also be an enrichment of their communion with the priests and the faithful who consider the Church in China part of the Catholic Church, united with the Bishop of Rome and with all the other particular Churches spread throughout the world.
In individual nations, all the legitimate Bishops constitute an Episcopal Conference, governed according to its own statutes, which by the norms of canon law must be approved by the Apostolic See. Such an Episcopal Conference expresses the fraternal communion of all the Bishops of a nation and treats the doctrinal and pastoral questions that are significant for the entire Catholic community of the country without, however, interfering in the exercise of the ordinary and immediate power of each Bishop in his own diocese. Moreover, every Episcopal Conference maintains opportune and useful contacts with the civil authorities of the place, partly in order to favour cooperation between the Church and the State, but it is obvious that an Episcopal Conference cannot be subjected to any civil authority in questions of faith and of living according to the faith (fides et mores, sacramental life), which are exclusively the competence of the Church.
In the light of the principles expounded above, the present College of Catholic Bishops of China cannot be recognized as an Episcopal Conference by the Apostolic See: the "clandestine" Bishops, those not recognized by the Government but in communion with the Pope, are not part of it; it includes Bishops who are still illegitimate, and it is governed by statutes that contain elements incompatible with Catholic doctrine.
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