; mm ^ [gl^j^JM^lM^IM^M i 1 1 1 1 THE LIBRARIES COLUMBIA UNIVERSITY I 1 1 1 1 1 1 i 1 1 g]ifg[ iüaip[ja[rüiirföTi^ A ^^ A N T I - J A N U S. PRINTED BY W. B. KELLY, 8 GRAFTON STREET, DUBLIN. ANTI-JANUS: AN HISTORICO-THEOLOGICAL CRITICISM OF THE WORK, ENTITLED THE POPE AND THE COUNCIL," By JANUS. • BY Dr UERGENRÖTHER, a/^-z^nS^ QvJl PROFESSOR OF CANON LAW AND OF ECCLESIASTICAL HISTORY AT THE UNIVERSITY OF WÜRZBURG. Author of tJie '■''Life, Writings, and Times of the Patriarch PJiotius. TRANSLATED FROM THE GERMAN J. B. ROBERTSON, Esq., PROFESSOR OF MODERN HISTORY AND ENGLISH LITERATURE AT THE CATHOLIC UNIVERSITY, DUBLIN, Author of ''' Lectures on Modern History and Secret Societies" Life and Times of Edtnutid Burke," Translator of Mohier's ''^Symbolism, and of Schlegel' s " Lectiires on the Philosophy of History." WITH AN INTRODUCTION BY HIM, GIVING A HISTORY OF GALLICANISM FROM THE REIGN OF LOUIS XIV DOWN TO THE PRESENT TIME. DUBLIN: W. B. KELLY, 8 GRAFTON STREET. LONDON : BURNS, DATES, & COMPANY ; AND SIMPKIN, MARSHALL, & CO. NEW YORK: THE CATHOLIC PUBLISHING SOCIETY, 9 WARREN STREET. ' 1870. To The Very Rev. Dr Rzcssell, President of Si Patrick^ s College, Maynooth, %^\^ translation Is inscribed^ Asa ?nark of personal regard.^ As a Slight toke?i oj admiration for his virtues and talents^ and of thankfulness for many acts of kind?iess received, by his obliged Friend, THE TRANSLATOR. 3)4 r ^^sf^y/ V. CONTENTS, CHAP. PAGE translator's introduction, ... V NOTES TO INTRODUCTION, . . . . xlv I. THE FIVE ARTICLES IN THE "ALLGEMEINE ZEITUNG," I II. THE FIVE ARTICLES IN THE "AUGSBURG GAZETTE," AND THEIR NEW EDITION, . . . . I5 III. MAKING THE SYLLABUS DOGMATIC, . . . 27 IV. THE DOCTRINE OF PAPAL INFALLIBILITY, . . 50 V. ALLEGED ERRORS AND CONTRADICTIONS OF THE POPES, 74 VI. THE PRIMACY AND THE PAPACY, . . .94 VII. THE PRIMACY AND ITS DEVELOPMENT, . . I08 VIII. ROMAN FORGERIES, ..... I44 IX. A GLANCE AT COUNCILS, . . . . 186 X. IHE POPEDOM IN HISTORY, . . . .217 XI. THE CHURCH, THE DOGMA, AND THE NEW COUNCIL, 24O XII. THE RESULTS OF JANUS, .... 263 APPENDIX, . . . . . . 2S7 INTRODUCTION. BY THE TRANSLATOR. |HE German work, of which an English translation is here offered to the public, appeared about six months ago. Its author is Professor of Ecclesiastical His- tory and Canon Law at the University of Würz- burg, in Bavaria, and has earned a great repu- tation by a most learned and elaborate history of the life, writings, and times of the founder of the Greek schism, the Patriarch Photius. Dr Hergenrother was one of the German divines who, at the invitation of his Holiness Pope Pius IX., took part in the preparatory labours of one of the theological Commissions, that preceded the assem- bling of the present CEcumenical Council. The work now presented to the British public, I leave to the appreciation of the reader. But I think the Catholics of these countries will agree that, with the exception, perhaps, of some writings of Father Bottalla, no treatise in our language contains such a mass of patristic evidence for the prerogatives of the Papacy. The doctrine of Papal Infallibility, which, at the time the author wrote this Reply to Janus, was not yet defined as a dogma, is here rather defended against the captious objections of a ii Introditction. that book, than put forward in its full objective truth. It is, however, more or less implied through- out his work. But his main concern, besides a de- fence of the rights and prerogatives of the Holy See, is the refutation of the many historical mis- representations and calumnies, which his adversary has poured forth against the Papacy. He tracks him through his long labyrinth of falsehood and sophistry, exposes his many inconsistencies, places in a true light the facts he has misrepresented, and shows how his fanatical attacks on Papal Infalli- bility recoil on the doctrine of Papal Supremacy, which he professes to believe, and even on the authority of the Church herself. In the Latin, French, German, and Italian lan- guages, there are classical works in defence of the dogma of Papal Infallibility. But such a mass of historical objections, supported by such an array of learning as Janus, however confusedly, has brought to bear upon this doctrine, required a special refutation. And such it has found in the present work ; and as this is its peculiar feature, so it will impart to this production, I think, a per- manent interest. In the execution of his task, the author has displayed a rare acuteness of mind, as well as an extraordinary acquaintance with the fathers, the schoolmen, the canon law, and the records of civil and ecclesiastical history. Of Janus it is needless to speak. Severely cen- sured by all the German prelates assembled last year at Fulda, and placed on the Roman Index, it has called forth the reprobation, and excited the disgust, of all true Catholics. It is not only a schismatical, but an heretical, and, in some re- spects, even an impious book. It has nothing, in- deed, so shockingly outrageous as the declaration of the old Protestant Book of Homihes, " That for IntrodtLciion, iii eight hundred years Christendom was plunged in damnable idolatry." But is it much less impious to say with Janus, that though Christ our Lord founded a Church, and instituted a visible Head, and promised, '' That the Holy Spirit should abide with that Church for ever, and lead her into all truth ;" yet that, in despite of that solemn promise, " the action of the head had paralysed the body, that that head had become a choking excrescence," and thus the designs of the Divine Founder of the Church had been frustrated ? In despite of the promise of the perpetual indwelhng of the Holy Spirit, the old Jansenistic theory of an obscuration prevalent in the Church for many centuries, has been revived by this writer. It would be too painful to believe that a cele- brated scholar and divine, who has rendered such eminent services to religion, should, in his old age, have taken part in a work so scandalous and afflict- ing to all Catholics. Strong as the circumstantial evidence is said to be as to his share in the author- ship of this odious book, and blamable as are some of his acknowledged recent writings, savour- ing too much of the spirit of Janus ; yet, as long as it is possible, I would fain acquit him of the charge. His culpable silence under the grave imputation has been censured by one of the most eminent prelates of Germany, Dr Ketteler, Bishop of May- ence ; and the Archbishop of Cologne has declared that not a single German bishop approves of his late proceedings. How different a position did he occupy in 1848, when, with the sanction of the whole German prelacy, he defended, in the Parlia- ment assembled at Frankfort, the interests of religion and of social order ! During my abode in Germany I had the honour of his acquaintance ; and, like others, I found him a Iv Introduction, most kind-hearted man and an excellent clergyman. He was then one of an illustrious group of writers, such as Gorres, Mohler (too soon, alas! carried off), Phillips, Jarcke, Windischmann, Moy, Höfler, Arndts, Hermann Müller, the younger Gorres, and others, carrying on a great historical and political periodical, the noblest in Germany, and which our Protestant Quarterly Review once called '' a most powerful journal " — I mean the Historisch-Poli- tische Blatter of Munich. Most of its then contri- butors are now no more ; but all their survivors, except himself, have remained faithful to their religious and political principles ; while the journal itself, as I am informed, retains its pure Catholic spirit, as well as high literary reputation. The clergyman I speak of, is not, and never was, what his flatterers call him, "the first theologian of the age ;" for he has not the philosophic cast of mind necessary to constitute a theologian of the highest order. But he is, nevertheless, a writer of great sagacity, wonderful critical acumen, and vast and varied learning. Let us hope and pray that he will remain true to the Church, and to the princi- ples he for so many years professed, and that he will not be of the number of those who, in the evening of life, forfeit, alas ! the hard-earned wages of their morning and their noonday toil ! It did not enter into the plan of the author of the present work to treat the doctrine of Papal Infallibility in its practical bearings. Nor in the many letters and pamphlets which this question has recently called forth, or which at least have fallen under my notice, does this part of the sub- ject seem to have been discussed. And as many Protestants believe, that by the recent Definition of the Vatican Council, the liberty of particular Churches will be seriously restricted; and as some Introduction. v ill-informed Catholics have a vague apprehension on that head ; it will be my object, in the first part of this Introduction, to show the freedom which what is called the Ultramontane system insures to all Churches, and, on the contrary, the heav}^ servitude which the Galilean error imposes on those ecclesiastical communities which have ac- cepted it This fact I will illustrate by a rapid sketch of the state oi the French Church in the eighteenth century. In the second part, I will endeavour to trace the various causes that produced, in the early part of this century, the anti-Gallican reaction, the gra- dual renovation of opinion which then ensued in the Church of France, and which, under the direction of the Holy Spirit, has been so instrumental in bringing about that Definition of Papal inerrancy, that has carried consolation and gladness from the centre to the remotest parts of the Church. I. The Papacy is a central, but not a centralizing institution. It tolerates a variety of customs, usages, and privileges in local churches ; and even where there is an imperious necessity, or there has been a long prescription, it admits a diversity of rites and languages in the celebration of the liturgy itself. Its object is to give to national churches as much freedom as is compatible with the preser- vation of religious unity. Hence the Holy See encourages the annual meeting of diocesan synods, and the periodical celebration of provincial councils. It is the vigilant guardian of all ecclesiastical rights, whether of the bishops, or of the inferior clergy, secular and regular. It ever strenuously resists the encroachments of the civil power on the spiritual rights and jurisdiction of the bishops, as well as on their temporal privileges and property. The religious liberties of the sovereign Pontiff, of VI introduction. the bishops, the inferior clergy, and of the laity, are all indissolubly bound up together. '' The Catholic Church," as Cardinal Bellarmine observes, " is not an absolute monarchy, but one tempered by aristocracy and democracy." " The Papal power," says the eminent German canonist, Professor Walter, whose work on ecclesiastical jurisprudence is much approved of at Rome — ''the Papal power is by no means absolute and arbitrary in its exercise, but on all sides bound and attem- pered by the spirit and the practice of the Church, by the consciousness of the duties annexed to Pon- tifical rights, by respect for CEcumenical Councils, by regard for ancient observances and customs, by the mild forms of the ecclesiastical government, by the recognized rights of the Episcopate, by the consequent distribution of functions, by the rela- tions with the secular powers ; lastly, by the spirit of nations.* " So the constitution of the Catholic Church leaves no room for the exercise of arbi- trary power. Where the canons are in force, and except in cases of extreme emergency, the Pope cannot deprive a bishop of his see, nor the bishop a rector of his cure, without a regular canonical trial. Thus not only does the Church in regard to the State preserve her spiritual autonomy; but all the orders of her hierarchy freely move in their respective spheres, and guided by a central power, act in harmonious co-operation. When heresy strives to disturb that harmony, the Holy Spirit, that watches over the Church, soon banishes dis- cord from her bosom. But let that great central authority, here spoken of, be once weakened ; then immediately disorder and perturbation arise in the Church. If the doc- trinal Infallibility of the Holy See be once denied * Manuel du Droit ecclesiastique, Trad. Frangaise, p. 1 70. Introduction. vii in any portion of the Church, there its action be- comes enfeebled, and the whole framework of that local church becomes more or less disjointed. If the prelates and the clergy of the second order take up an attitude of critical distrust towards the bishop of bishops, then the laity gradually lose much of their reverence for the Apostolic See, and for the Episcopate itself; and civil governments assail the spiritual rights of both. For there is a close inter-communion between the mother and the daughters — between the Roman and the sub- ject churches. The truth of the remarks here made received a sad illustration in the history of the Galilean Church during the eighteenth century. The French Episcopate of that age displayed, on the whole, a loyal devotion to the Holy See; and this is the main reason, as the distinguished Archbishop of Malines well observes, why the Galilean error was so long tolerated, or at least remained without express censure. The real representatives of Gal- licanism were the magistrates, or the members of the French Parliaments. These, imbued with the despotic principles of the Roman jurisprudence, and partially tainted with Jansenism, sought by every means, whether by chicanery or by violence, to domineer over the Church of France. In the Articles of the Assembly of 1682, subscribed by a minority of French bishops, they found a weapon ready-made to their hands. Even in the reign of Louis XIV,, who kept this corporation in check, Bossuet had occasion to say, " That the magistrates understood the maxims of the Church of France in a sense very different from her bishops." * Fleury, a still more ardent stickler for * Vie de Bossuet par Cardinal Bausset, vol. iv. Lettre au Car- dinal d'Estrees, Decembre 1681. vIII Introduction, those opinions, and who long survived the Bishop of Meaux, lived to confess, ''That the liberties of the Gallican Church had better be called its servi- tudes." * And Fenelon, ever strongly opposed to the Gallican system, ventured even to say, " That, in his time, the King of France was nearly as much master of the Church in that kingdom, as the King of England of the Anglican communion." f And though this expression is doubtless hyperbolical ; yet it shows to what fearful lengths the civil power had already carried its encroachments ! The recent work of M. Gerin \ has thrown great light on all the transactions which preceded, accompanied, and followed the Ecclesiastical As- sembly of 1682. We there see what artifices and intimidation the French Government resorted to in order to bring about a declaration, designed to humble the Sovereign Pontiff, and to insure to the State a certain domination over the Church. The great Bossuet, who took a prominent part in this Assembly, was, in the course he pursued, in- fluenced by motives of a twofold kind. On the one hand, he feared to incur the displeasure of Louis XIV. ; for this great man, with all his virtues and genius, had (as the Abbe de la Mennais once said), a certain courtly weakness, — '' une certaine faiblesse de cour;"§ and, on the other hand, he dreaded to see the Church of France, through the violence of some prelates, like the Bishop of Tournai, precipitated into a schism. Under the * Les Opuscules de Fleury. + Lettre de Fenelon, cited by the Abbe de la Mennais in his work entitled, '' De la Relio:ion consideree dans ses rapports avec I'ordre civil et politique." Elsewhere he says, " In France the King is practically more head of the Church than the Pope," CEuvres, t. xxii., p. 586. X L'Assembl^e de 1682. Par M. Charles Gerin. Paris, 1869. ^ See Note A. Introdiiciion. ix influence of these diverse motives, he steered a middle course between the doctrine of Papal inerrancy on the one hand, and the dangler of a schismatical rupture with the Holy See on the other. Since the times of the Council of Constance, the opinion as to the superiority of the Council over the Pope had been occasionally ventilated in the schools of the Sorbonne. This opinion was not shared by the majority of the Episcopate, and by the great body of the clergy. This is proved by the numerous assemblies of the P>ench clergy in 1626, 1653, and 1654, where the inerranc}- of the dogmatic decisions of the Holy See was solemnly proclaimed. Cardinal Duperron de- fended Papal Infallibility against a doctor of the Sorbonne, Edmund Richer, who went so far as to say, that the Pope was a mere ministerial head of the Church, and that to the whole Church, and even to the laity, was committed, by the ordinance of Christ, the power of the keys. When Richer himself expressed his willingness to re- tract his heterodox opinions, he was required b\' Cardinal Richelieu to acknowledge not only the supremacy, but the infallibility of the Holy See in matters of faith. The Declaration of 1682 was not passed unani- mously by the twenty-six bishops assembled on the occasion.* It was opposed, too, by many of the bishops and of the dignified clergy throughout the kingdom, as well as by the various theological Faculties, including the far greater part of the doctors of the Sorbonne, and the most pious and learned divines. From all the bishops and priests, who had taken part in this assembly, and who were * The great Fenelon and the learned oratorian Thomassin, by their writings, opposed the Declaration. X Inircduciiofi. afterwards nominated or promoted to episcopal sees, Pope Innocent XL before he would give them institution, required a retractation of their acts. Pope Alexander VIII., in his last ill- ness, summoned the cardinals around him, called Heaven to witness that he protested against the Declaration of 1682, and pronounced its articles null and void. At the same time the Churches of Spain and of Hungary put forth most energetic protests against the same Declaration. After the lapse often years, Louis XIV. made his peace with the Holy See, and suspended the execu- tion of the obnoxious edict, whereby he had made it incumbent on all Professors of Theology in his king- dom to subscribe the Four Articles. Bossuet, in the meantime, was constantly engaged in retouching his defence of the Declaration of 1682, entitled *' De- fensio Declarationis Cleri Gallicani," and in making the work approximate more to the Roman doc- trines. In his last illness, he enjoined his executors never to let the book be published. But this injunction was violated by his Jansenist nephew, the Abbe Bossuet, who, twenty-six years after his uncle's death, brought out the work ; and, as Dr Ddllinger thinks highly probable,* suppressed the various emendations which his great relative had from time to time made. On the death of Louis XIV., however, the above-named edict, whose execution had been suspended by that monarch, was revived by the Government of the Regent Philip, and strictly enforced by the Parliaments. Henceforth the Four Galilean Articles became a terrible engine of oppression against the Church of France. We have heard the complaints, which, even in the reign of Louis XIV., Bossuet, and Fleury, and * See Kirchen-Lexicon, art. Bossuet, Freiburg, 1850. hitroduciion. xi Fenelon had made of those articles, as most sub- versive of the freedom of the GaUican Church. If such had been the language of those great men even at that time, what words would have expressed their sorrow and indignation, could they have beheld the workings of the Gallican system, and the evils it entailed on the Church of France during the eighteenth century ! What a sense of grief and shame would have over- powered them, could they have beheld Episcopal charges and Papal bulls burned in the name of the Gallican liberties by the hands of the public executioner, and at the bidding of the Paris Par- liament ! Nay, more, the orthodox clergy forced by the mandates of that body to carry amid a guard of soldiers the last Sacraments to the dying Jansenists ! What, too, would have been their feelings, could they have beheld the facility with which, entrenched behind these Four Articles, Jansenism so long eluded the censures of the Holy See, and defied the authority of the bishops ! In the course of the last century, the Jansenists, while they kept more out of view their peculiar doctrines on Grace, were distinguished for the craftiness, as well as violence, wherewith they resisted the ecclesiastical authorities. And in this warfare they found a weapon ready furnished to their hands in the Gallican maxims. Hence an eminent prelate, Mgr. Gerbet, in his early days, once observed to me, *' That it is very diffi- cult to know where Gallicanism ends, and where Jansenism begins ;" and this was particu- larly true of the more violent Gallicans, whose hierarchical views were so akin to those of the Jansenists. The sympathy, too, which the infidel party of the last century, as well as of the present, has ever evinced for the too famous maxims of xii In trodiiction . 1682, is a circumstance calculated to make the deepest impression on the mind of a reflecting Catholic. When the Revolution of 1789 broke out, the Jansenists, who had so long hampered and dis- tracted the Catholic clergy in their conflict with unbelief, and thus had helped to prepare the way for that catastrophe, became the authors of that schismatical Constitution, called "■ The Civil Con- stitution of the Clergy." And this schismatical Constitution they attempted to uphold by an appeal to the Four Articles. In that destructive Assembly, mis-named the Constituent, which was consigning to the tomb all ecclesiastical liberty, as well as all civil order, freedom, and prosperity, those words, '' liberties of the Gallican Church" echoed from the Jansenist benches, must have sounded like bitter irony. But the dreadful conflagration which now ensued, opened the eyes of many a sleeper. By its lurid light many truths were discerned, which had hitherto escaped observation, or had been but dimly perceived. In the awful persecution which nov/ desolated the Church of France from 1791 to 1800, the bishops, the priests, the religious orders of both sexes, and the devout laity, dis- played a patience, resignation, zeal, and courage, worthy of the first ages of Christianity. Spolia- tion, poverty, imprisonment, exile, and death were the portion of the faithful children of the Church, as well as of the devoted adherents of their king and country. Since the days of the Emperor Diocletian, a more fearful persecution had never visited the Church. A thing unique in the history of the world ! For ten years all exercise of religion of whatever kind was pro- scribed. Blood flowed in torrents, in all the cities In trodiiction . x 1 1 i of France ; but as of old, the blood of martyrs became again the seed of Christians. Multitudes of each sex, and of every age, rank, and calling, flocked to the newly-opened churches ; and faith revived in many a heart, where it had been long a stranger. I'o repair the ruins of the Sanctuary, the newly-elected Pontiff, Pius VII., in the year 1800, entered into a Concordat with the First Consul of the French Republic, Napoleon Buonaparte. For the organization of the Church of France, a new circumscription of dioceses was under the circum- stances needed. The sovereign Pontiff solicited the French bishops, most of whom were living in exile, to tender the resignation of their sees, giving them withal to understand, that that resigna- tion was a matter of absolute necessity. The greater part of the French prelates immediately complied with the Papal demands ; while a minority presented a respectful remonstrance against the very comprehensive measure proposed. On the Pope's reiterating his demand, and point- ing out its necessity, that minority, with one or two exceptions, ultimately withdrew their remonstrance. These one or two prelates, followed by a certain number of ecclesiastics, founded the schism of the Petite Eglise, or the schism of the Blanchard- ists, so called from an Abbe Blanchard, who was its most prominent member.* This schism was the direct fruit of the Four Gallican Articles. For by the Third Article, as its partisans alleged, the Pope could never rise above the canons of the Church ; whereas in the Concordat just con- cluded with the First Consul, the Pontiff, they said, had trampled these canons underfoot. It was in vain Catholic writers, and among others Mr * See Note B. xiv Introduction. Charles Butler, pointed out how Bossuet in his " Defensio Declarationis Cleri Gallicani," had as- serted that the Pope possessed a dominium altum, or extraordinary power, whereby in extreme cases of emergency, he could set the canons aside. The Blanchardists replied, that they cared not for the interpretations of Bossuet, but looked only to the plain letter of the Declaration of 1682. So if in 1 79 1, that Declaration indirectly gave force to the schism called Constitutional,* it was the immediate and direct source of the schism of the Petite Eglise. That schism endures to the present day ; but long ago abandoned by the bishops and by many ecclesiastics, its adherents have now dwindled down to an insignificant number. Let us hope and pray that in these auspicious days of mercy, these schismatics may be reconciled to the Church ! Scarcely had the First Consul signed the Con- cordat with the Pope, when he sought to elude some of its most important provisions. The '' Or- ganic Articles," which were now published, excited the surprise and the indignation of the Pontiff and his Cardinals. The " Organic Articles," said the late venerable Archbishop of Lyons, Cardinal de Bonald, " are nought else but an abridgment of the * Civil Constitution of the clergy,' with its schisma- tical spirit and its errors/' "f The twenty-fourth of these Articles prescribed the teaching of the Declaration of 1682 in all the clerical seminaries. The Placitum Regium, which was first introduced after the Pragmatic Sanction of the 15th century, and became more general in France from the time of Louis XIV., was revived * See Note C. + Mandement de 1844, apud Gerin. Recherclies Historiques sur I'Assemblee de 1682, p. v., Paris, 1869. Ifitrodnctiojt. xv by the " Organic Articles," in respect to all disci- plinary, and (what was before unknown) in respect to all dogmatic, bulls of the sovereign Pontiff. Again, processions and other mere external func- tions of the Church were by these laws subjected to the arbitrary control of the French police. These "Organic Articles" were immediately condemned by the Holy See ; and from that time to the pre- sent day, the bishops of France, even those who were partizans of the Galilean Declaration, have ever protested against them. The First Napoleon, it cannot be denied, ren- dered the greatest services to religion and to civil society. He re-opened, as we have seen, the long- closed churches, replaced the desecrated altars, and called back to the sanctuary the ministers of re- ligion who had so long languished in exile and in penury. He, at the same time, with a strong hand, curbed impious and anarchic factions, re-established order, re-organized the administration, compiled, out of the old legislation of France, with modifications and supplements, a new code of laws, and threw open to the long-suffering adherents of the throne the portals of their country. This work of religious and social reconstruction was doubtless very im- perfect, was marred by many glaring defects, yet, under the awful circumstances of the times, it was a most meritorious undertaking. Both during the consulate and the empire, Napoleon issued many edicts most favourable to religion. He permitted the re-establishment of many female communities devoted to education and to various works of mercy, spiritual and cor- poral, and sanctioned the order of the brothers of the Christian schools, the restoration of the Lazar- ists, the Saint-Sulpicians, the priests of the Holy Spirit, the house for foreign missions, and allotted xvi Introduction. funds for the support of many clerical seminaries. Some of these excellent edicts were passed just as he was on the point of comIn<^ to a rupture with the sovereign Pontiff, Pius VII., to whom he was under so many obligations. Throughout his reign, he played fast and loose with the most sacred principles, at one time favouring Catholics, at another infidels and Jacobins. Hence, it is difficult to believe that this remarkable man, though never totally devoid of faith, was yet animated by other than mere political motives in the measures he adopted for the restoration of religion. His ascent to the imperial throne, Napoleon had stained with the innocent blood of a young and illustrious prince, shed without any provocation. Soon, in his career of rapid conquest, he grasps one kingdom after another. The Papal principa- lities of Beneventum and Ponte Corvo he annexes to his Italian kingdom, and likewise Venice and the adjacent countries, by a special treaty with Austria. The King of Naples, for having received an English squadron into his ports, falls under the ban of the Corsican despot; and his throne is given away to Prince Joseph Buonaparte. The Republic of Holland is erected into a kingdom, and another prince of the new imperial line set over it. The Germanic empire is dissolved ; and many of its former provinces, under the name of the Confedera- tion of the Rhine, are put under the protection, or, more properly speaking, the absolute control of the Emperor Napoleon. The insatiable ambition of this conqueror knows no bounds. He seeks to bring the Church under the same yoke, which he has fixed on the necks of temporal potentates. On the refusal of Pope Pius VII. to adhere to the system of the Continental blockade, and to shut out English vessels from his ports, the French Introduction. xvii troops in 1809 invade the Ecclesiastical States, overthrow the temporal sovereignty of the Pontiff, and virtually make him a prisoner in his palace. The sacred college is dispersed : many of its most zealous members are sent into exile or imprison- ment ; the most trusted counsellors of the Pontiff are removed ; and himself and his faithful minister, Cardinal Pacca, dragged into captivity. In the treatment of the Holy Pontiff, the Impe- rial Government seemed bent on imitating the barbarous conduct of the Jacobin Republic of 1797 towards Pope Pius VI. While the able and faithful counsellor of Pius VII. was confined at Fenestrelle, in Piedmont, his venerable master was for a long time detained at Savona, in the same state, and thence afterwards transferred to Fontainebleau. To the unjust political demands already mentioned, Napoleon added others of an ecclesiastical kind, and far more repugnant to the conscience of the head of the Church. He required the Pontiff to permit the establishment of a patriarchate in the Church of France, and to allow the institution of bishops, as proclaimed by the Constituent Assembly in the ** Civil Constitution of the Clergy," to be transferred from the Holy See to the metropolitans, and, in the case of the nomination of the latter, to the bishops of the province. These imperial demands were energetically resisted by the courageous Pontiff. But the emperor now absolutely needed the co-operation of the Pope. Numerous sees in the vast French empire had become vacant ; and as long as Pius VII. was detained a captive, he refused, and justly, institution to these episcopal sees. Under these circumstances, the emperor's uncle. Cardinal Fesch, archbishop of Lyons, and Cardinal Maury, who, though in the Constituent Assembly so eloquent a defender of the Church b xviii Introduction. and of the monarchy, now tarnished his fair repu- tation by a shameful serviHty, — these two cardinals advised Napoleon to convoke a National Council. In the year i8i i, this ecclesiastical Assembly, com- posed of French, Italian, Belgian, and, in part, German bishops, met at Paris. But from the arbitrary selection of its members, and the sort of intimidation exercised over it by the emperor, this Assembly had no title to the name of Council. The main subject submitted to its deliberations was, whether, from the refusal of the Pope to give canonical institution to the priests nominated to the vacant sees, that institution could be conferred by the metropolitans. This proposition was indig- nantly rejected by the majority of the Council. In that majority, the eloquent Monseigneur Boulogne, bishop of Troyes, the bishops of Ghent and of Tournai, the bishop of Chambery, and a German prelate, afterwards so great a confessor, Monseig- neur Droste-Vischering, put forth energetic pro- tests against the monstrous claims of the French Government. The Council was dissolved by the emperor; and three of the prelates just named — the bishops of Troyes, Ghent, and Tournai — were committed to prison. Napoleon gave orders to his ministers of worship in France and Italy to practise on the fears and hopes of each bishop in private, and to use, in turn, the language of intimidation and of seduction. Assured of the sentiments of the majority, he hastened to convoke the Council anew. That majority passed a decree whereby it was declared that the emperor, by the Concordat, possessed the right of nominating to vacant bishoprics ; and that in case the Pope suffered six months to elapse without giving institution to the party so nomi- nated, the right of institution would then devolve Introduction, xix on the metropolitan, or in the case of the nomina- tion to an archbishopric, on the senior bishop of the province. This decree was presented for ratifi- cation to the Pope by five cardinals and nine bishops, deputed to the illustrious captive at Savona. The venerable Pontiff, advanced in years, en- feebled by sickness, and, in his long captivity, bereft of all his faithful advisers, utterly isolated, deprived sometimes of the very instruments of writing, grieving, too, over the widowhood of so many suffering churches, — the venerable Pontiff, I say, yielded at last to the urgent entreaties and remonstrances of the courtly prelates, who had been deputed to him. He consented to the despatch of bulls to the bishops nominated by Napoleon, and, by a brief, approved and confirmed the decree of the Council of Paris. The Pope was in the course of the year 1812 transferred from Savona to Fontainebleau ; and now, on the 25th January 181 3, Napoleon laid before his Holiness a new Concordat, which he said was calculated to bring about a general pacification, and whereby the Pope was called on to renew the previous concession relative to the institution of bishops nominated by the emperor, as well as to renounce the temporal sovereignty of Rome. The Pope, in that state of utter isolation and dejection I have described, appends his signature to the document presented to him. The cardinals are then released from captivity, and allowed to visit his Holiness. Ever since the Pontiff had made to Napoleon the imprudent concessions that have been mentioned, he was distracted by anxiety and grief. When he once more saw^, after a long separation, his faithful counsellor, Cardinal Pacca, he unbosomed to him XX Introdtiction. his deep perplexities and sorrows. The cardinal soothed the aching heart of his master, and gave him the best advice. On the 24th March 18 13, the Pontiff addressed to Napoleon an autograph letter, in which he described the bitter anguish of his own conscience, and the utter impossibility he was in of executing the Convention, that had been so reluctantly extorted from him. The emperor then burst forth into idle menaces against the cardinals true to his Holiness; but the hand of God was already laid on the oppressor of Europe, and the persecutor of His Church. In the violent contest which he had for five years carried on with the sovereign Pontiff, Buonaparte had, either by himself or by his creatures, ever insisted on the maintenance of the four Gallican propositions, as the basis of his ecclesiastical legis- lation. These, as we have seen, formed part of the ''Organic Articles" of 1802. ''With the four Articles of 1682," Napoleon once said, " I am master of the Church of France : " — " Avec les quatre Articles, je suis a cheval." " With the second of these Articles," he used again to say, " I can do without the Pope : " — " Je peux me passer du Pape."* " Imbeciles that ye are," he said, on the 6th March 18 10, to the Belgian bishops, " if I had not found, in the doctrine of Bossuet, and in the maxims of the Gallican Church, principles analogous to my own, I should have become a Protestant." t Again, the Senatus Consultum of February 1810, which despoiled Pope Pius VII. of his states, ordained that his successor should take an oath to do nothing contrary to the four Proposi- tions of 1682; and a decree of the same month declared them a law of the French empire. * J. de Maislre, De I'Eglise Gallicane, liv. ii., c. 9. t D'Haussonville, I'Eglise et le premier Empire, t, iii., p. 362. Introduction. xxi But " the mighty hunter before the Lord," as the illustrious Gorrcs once called the First Na- poleon, was now near the close of his career. The wail of the outraged Church, and the cries of trampled nations, had risen up to Heaven. The appalling disasters of the retreat from Moscow, almost unexampled in history — the uprising of the German races, and the battle of nations at Leipsic — the glorious victories of the British troops in Spain, seconded by the heroic efforts of her people, fearfully avenged the cause of God and of humanity. The venerable Pontiff, Pius VII., was, after his long captivity, reinstated in his dominions ; and his freedom secured the liberty of the Church. But now, before we proceed further, let us turn to examine for a moment the heretical offshoots of Gallicanism. Van Espen, a learned canonist of the University of Louvain,byhis ultra-Gallican principles, prepared the way for the system of his disciple Hontheim, suffragan to the Archbishop of Treves, and who, under the name of Justinus Febronius, renewed many of the errors of Richer respecting the hierarchy. Republished in 1763a book entitled *' De Statu Ecclesiae;" and the following summary of its contents has been given by the great German canonist, Dr Phillips: — "Our Lord Jesus Christ, according to Febronius, has conferred on the whole body of the faithful the power of the keys. This power, to use the language of the author, the community of the faithful possesses radicaliter et principaliteVy and the bishop imialitcr ct nsufrnc- tiialiter. Having laid down this principle, he affirms that each bishop holds his authority immediately of God, and has received, as successor of the apostles, the unlimited right of dispensation. xxii Introduction. of judgment in matters of heresy, and of episcopal consecration. He admits, indeed, that Peter was distinguished by Jesus Christ from among the other apostles, and that he received a primacy oyer them ; but that primacy, according to him, consists in a mere pre-eminence, like to that of the metro- politan over his suffragans. The Pope has, doubtless, the spiritual charge over all the churches; he exercises over them a right of inspection and of direction ; but he cannot claim any jurisdiction. As head of Christendom, he is superior to each bishop in particular ; he has over him the majoritas, but not over the whole episcopal body, which is the sole true sovereign of the Church. . . . The Pope has no power over the canons, but is only charged with their execution. It is, therefore, always allowable to appeal from the Pope to the Council ; as the Sovereign Pontiff is not the judge in the ultimate instance, nor an absolute monarch, nor an infallible teacher." * Such was the teaching of Febronius. By dis- turbing and displacing the centre of CathoHc unity, he naturally forced the Episcopate to seek a support and refuge in the secular power. And this pretended advocate of the rights of bishops called upon civil governments frequently to convoke General Councils, to have recourse to the Placet, to the appeal as from abuse, and lastly, to the renunci- ation of ecclesiastical obedience. The errors of this disastrous system are fully exposed in the following work ; for the principles of Janus are but a further development of those of Febronius. The production of the latter was severely con- demned by the Holy See, and refuted by many * Not having the Geniian orighial of Dr Philips's work at hand, I have quoted from the French translation : — Traite du droit ecclesiastique, par Dr. G. Philips, t. iii., p. 211, 12. Introdtution, xxili able and learned theologians of Germany and Italy, among whom Zaccaria, the Ballerini, and Car- dinal Gerdil, were the most distinguished. Later, the author himself recanted his opinions, and su mitted to the decision of the Holy See. But h fatal doctrines struck deep root in Germany, and especially in Austria. In the year 1780, an active and talented prince ascended the Imperial throne of Germany. Deeply imbued with the principles of Jansenism, the Emperor Joseph II. had been fascinated with the ecclesiastical system of Febronius, and strove, by craft and violence, to enforce its application throughout his dominions. He introduced the Placitum Regium for all Papal bulls and briefs, as well as for episcopal pastorals; suppressed diocesan seminaries, instituting for each ecclesiastical pro- vince a general seminary, to which he was to appoint the professors ; interdicted the provincials of religious orders from corresponding with their superiors at Rome ; forbade all parties whatsoever to recur to the Holy See for dispensations or for any kind of favour ; abolished all the contemplative orders, and the greater part of the active ones ; suppressed all confraternities ; prohibited religious processions ; regulated, with a minuteness as puerile as it was arrogant, the celebration of the divine offices ; invaded the property and political rights of the clergy ; everywhere encouraged and pro- moted Jansenistical writings and teachers, and per- mitted the freest circulation to irreligious works. At the instigation of this emperor, the Arch- bishops of Mayence, Treves, Cologne, and Salzburg held, in 1786, a congress at Ems, and there drew up a declaration consisting of twenty-six articles. This was a manifesto, conceived quite in the spirit of Joseph II., against the appointment of Papal ir- er, V lis y xxiv Introduction. nuncios in Germany, and against the pretended encroachments of the Holy See on episcopal rights. This Declaration, called the Points of Ems, was energetically resisted by the other German prelates, as well as by the Elector of Bavaria, and drew down a vigorous apostolic epistle from His Holiness, Pope Pius VI. The Archbishop of Mayence withdrew his adhesion to this Febronian document. But how severely were all those un- faithful prelates chastised by Divine Providence, when, eighteen years afterwards, theirtemporal prin- cipalities were torn from them, and that old German empire, which had lasted for well-nigh a thousand years, and wherein they had held so brilliant a position, was levelled with the earth ! Pope Pius VI. undertook a journey to Vienna, to point out to the infatuated emperor the abyss that was yawning at his feet ; to draw him back from a course of policy, that was as opposed to the stability of his throne, and to the temporal welfare of his people, as it was to the interests of the Church herself. But all the remonstrances and ex- hortations of the Holy Pontiff are fruitless * The emperor persists in his schismatical course ; alienates the affections of his Austrian and Hungarian sub- jects ; drives those of Brabant and Flanders into open revolt ; and witnessing the miscarriage of all his chimerical plans, dies of a broken heart. * During the abode of Pins VI. at Vienna, Dr. Eybel, a Feb- ronian canonist, and a worthy precursor of Janus, published a pamphlet entitled " Quis est Papa" — " Who is the Pope ?" To this a very learned reply was written, under the title " Quis est Petrus ?" But the defence of the Papacy came also from another and an unsus- pected hand. The illustrious Protestant historian, John von Midler, then a young man, published at the same time a very interesting work, entitled "Journeys of the Popes" — "Reisen der Päpste," where occurs that very remarkable passage which the reader will find translated in the Appendix. Introduction. xxv Politics enter not into the scope of this essay ; but it may not be uninteresting to observe, that this emperor's poHtical views were strictly analo- gous to his ecclesiastical. In the same way as he attacked the rights of the Papacy, and of the Episcopate, religious orders, and observances of discipline ; so he failed not to show his enmity to aristocracy, to local legislatures, to municipal cor- porations, and to provincial usages and institutions. But in his war against the Church, Joseph II. found a worthy ally in his brother, Leopold, Grand - Duke of Tuscany. In his pretended attempt to reform the Tuscan Church, the Grand-Duke re- ceived the co-operation of Scipio Ricci, the Bishop of Pistoia and Prato. The latter was a great admirer of the French Jansenistic Appellants, and especially of Quesnel, whose works he got translated into Italian. He convoked in 1786 a synod of his clergy at Pistoia, excluding from it, however, such ecclesiastics as vi^ere strongly opposed to his Jansenistic views, and, on the other hand, inviting from other parts of Italy strangers in whom he could confide. Though, as we have seen, the Assembly was a packed one, Ricci encountered much opposition to his projects from some of its members ; for thirteen ecclesiastics refused to sub- scribe its decrees. All the articles on Grace and Free-will, on the Constitution of the Church, on the Sacraments, on the Liturgy, and on Discipline, were conceived in the spirit of the Jansenists and the Febronians. The more important decrees shall be noticed, when I speak of the great Papal Bull, Aiictorcm fidei, which condemned them. The Grand-Duke Leopold summoned to Florence in the year 1787 an Assembly of all the Tuscan bishops, preparatory to the convocation of a national council. This Assembly he hoped might xxvi Introduction, be induced to support the religious innovations of his episcopal protege, Scipio Ricci. But in that Assembly of seventeen prelates, four only shared, to any extent, the opinions of the bishop of Pistoia. Most of the propositions brought forward by the latter were rejected ; and the Jansenistic writings, that had been circulated by him in his diocese, as well as a Pastoral Instruction conceived in the same spirit by the Bishop of Chiusi, were condemned as replete with grave errors. The episcopal Assembly was dissolved by the Grand-Duke Leopold ; for its decrees had disappointed him, as well as mortified his favourite. The religious in- novations of Ricci had, in the highest degree, excited the indignation of the faithful of his diocese. Twice the people burst into his palace at Prato, and carried off his heretical books and papers. They ultimately triumphed ; and in despite of their bishop, retained their confraternities for works of piety and charity, their processions, relics, images, and indulgenced altars. The prelate who had caused so much trouble and scandal, was obliged to resign his see ; and his patron, the Grand-Duke, on ascending, at the close of 1789, the Imperial throne of Germany, saw the error of his course, and retraced the insensate policy he had so long pursued. Many years afterwards, Scipio Ricci himself recanted his errors, and submitted to the various decisions of the Holy See. In 1794, Pope Pius VI. issued the famous Bull, Auctorem fidei, which, from prudential motives, he had long delayed. Eighty-five propositions were extracted from the acts of the Synod of Pistoia, and condemned, under various qualifications ; such as heretical, schismatical, tending to schism and heresy, erroneous, temerarious, offensive to pious ears, and so forth. The most important points Iniroduciion, x x v i I only, from want of space, can here be noticed. The proposition (a favourite one with the Jansenists, and which has been revived by Janus), that, in the latter times, a certain obscuration of important truths has prevailed in the Church, is condemned as heretical. The second, third, and fourth proposi- tions, purporting that the ecclesiastical authority exercised by pastors has emanated from the com- munity of the faithful ; that the Pope has derived his powers, not from Jesus Christ, but from the Church ; and that in regulating external discipline, the Church abused her power ; — these propositions are all respectively condemned as heretical. Other doctrines already stigmatised in the writings of Wyckhffe, Luther, Baius, Jansenius, and Quesnel, incur grave censure also. And, lastly, to bring forward a point which more directly bears on the subject of this essay, the Sovereign Pontiff, in this bull, points out the extreme temerity of the Pistoian Synod, not only in giving its adhesion to the Declaration of 1682, so often reproved by the Holy See, but in proclaiming it as binding on the con- science of all Catholics. Not in Tuscany only, but in other states of Italy also — in Venice, Parma, and Naples — we witness the same sort of co-operation between Jansenism on the one hand, and unbelief on the other. Spain and Portugal presented the same spectacle. In all those countries, as well as in France and Germany, ultra-Gallicanism, Jansen- ism, and Febronianism combined with irreligion, immorality, and civil despotism in fettering the spiritual action of the Church, assailing her politi- cal and proprietary rights, encroaching on Papal and episcopal jurisdiction, suppressing the most energetic religious orders, and thus preparing the way for that great catastrophe, which has been xxviii Introduction. already briefly described. While the anti-Chris- tian foe was thundering at the gates of the fortress, disloyal and treacherous factions within sought to cripple the power, and insult the majesty of the chief; and no weapon did they find more effectual for their purpose than the propositions of 1682. II. I have now brought down from the reign of Louis XIV. to the Restoration of 18 14, the history of Gallicanism, and of its various offshoots. Gallicanism, which sprang up in the fifteenth century, and had its rise, partly in the very untoward circumstances of that age, partly in the erroneous writings of Pierre D'Ailly, Gerson, Almain, and other French divines of that time, touching the hierarchy, was, as we have seen, revived by Louis XIV. The immediate occasion of that revival was the desire of that monarch to extend to dioceses, that had hitherto enjoyed the right of exemption, the regalian rights of the crown to the enjoyment of the episcopal revenues, as well as to the nomination to benefices during the vacancy of a see.* This pretension was resisted by only two French prelates, who in their opposi- tion were supported by Pope Innocent XI. This conduct of the Pontiff led to the convocation of the Assembly of 1682, and was the occasion of the * " On appelait ainsi," says M. Gerin, *'Ie droit que s'attribuait le roi de France de jouir des revenus d'un certain nombre d'eveches, et de nommer aux benefices, qui en dependoient pendant la vacance des sieges, jusqu'a ce que les nouveaux titulaires eussent prete serment de fidelite, et fait enregistrer leur serment ä la chambre des comptes, ce qui s'appeloit clorre la regale. C'etait done une exception au droit commun et une charge pour I'Eglise, qui s'expliquoit d'ailleurs, dans certains dioceses, par le souvenir des fondations, que les princes y avoient faites. Le deuxieme concile general de Lyon (1275) avoit autorise la Regale dans les eveches oil eile etoit etablie par titre de fondation, ou par une anci- enne coutume, et defendu expressatient de Vintroduire dans cciix on eile n etoit pas encore rente. '"' — Recherches Historiques, c, i., pp. 41, 42. Introduction. xxix too famous Declaration put forth by the prelates composing it. That Declaration formally con- tradicted those views respecting the spiritual prerogatives of the Papacy, that, in despite of a very partial and occasional dissent, had, as we have seen, on three occasions, in the course of the seventeenth century, been solemnly proclaimed by a large portion of the assembled Episcopate of France. It will now be my duty in this second Part, briefly to describe the anti-Gallican reaction, which began with the Restoration of the Bourbons, and during which time, as well as under the subsequent governments, the French clergy gradu- ally returned to those principles that their prede- cessors had, till the period of 1682, almost uni- versally professed. *'The Restoration," said the Abbe de la Mennais in his happier days, " was hailed by the acclama- tions of the people. Indeed, it might be called the festival of civilization."* Its mission was the reconstruction of the religious and the social edifice. Religion, which, since the beginning of the century, had been making steady advances, now moved with accelerated progress. That pro- gress was due to the zeal of the clergy, as well as to the active co-operation of the devout laity, to the domestic Missions, that reconciled vast numbers to the Church, to the increase of good schools and colleges for the higher and the lower classes, to eminent preachers, like Mgr. de Boulogne, Mgr. Frayssinous, and others, who so ably combated irreligion, and to great writers, that in the same cause nobly fought by their side. Of these, the most illustrious were Chateaubriand, De Bonald, De Maistre, and the Abbe de la Mennais before his * Le Drapeau blanc, 1823. XXX IntrodMctwn. fall. These were the four Promethean spirits that to France, enveloped in the night of irreligion, brought down fire from heaven. The first by his eloquence kindled the fire of imagination, that materialism had ; well-nigh extinguished in the minds of his countrymen, and poured into their desolate hearts the balm of Christian hope. The second, bearing the torch of Revelation, explored, with wonderful sagacity the depths of meta- physical and political science. The third, from his lofty eyrie, cast an eagle glance into the most hidden places of philosophy, politics, history, and theology. And the fourth, before his sad aberrations, by his burning eloquence and iron grasp of reasoning, brought multitudes over to the Church. But now, to confine myself to the history of Gallicanism, Chateaubriand, among the writers I have named, never studied the question, and must therefore be considered neutral. De Bonald, more, I believe, from a sagacious instinct than from learned inquiry, took the Roman view of the subject ; whereas his two great contemporaries, De Maistre and the Abbe de la Mennais, were the two prime movers in the anti-Gallican reaction. But I must not anticipate. At the Restoration a great crisis occurred in the history of the Gallican system. The venerable clergy of France had come forth from exile and from imprisonment, bearing on their limbs the scars of confessorship, and on their brows the aureola of martyrdom. This clergy well remembered the insolent encroachments of the ancient Parliaments on ecclesiastical jurisdic- tion, the odious machinations of the Jansenists, the violent persecution of the Constituent Assembly, and the more recent tyranny of the first Napoleon — all perpetrated in the name of the Gallican Introdtiction, XXXI Articles. They had witnessed, also, the two schisms which, directly or indirectly, had sprung- out of those deplorable opinions. They knew, too, the sympathy ever professed for them by Protestants and infidels. The ecclesiastical Re- volution, too, wrought by the Emperor Joseph II., and the sad doings of the Congress of Ems, and of the Pistoian Synod, could not have escaped their attention. Hence from this time forward the bishops of France strove to keep these maxims in the background.* In the letters, which, during the first years of the Restoration, they were wont to address to the venerable Vicar Apostolic of the London district, Dr Poynter, in answer to his complaints respecting the schismatical Blanchard- ists, they frequently wrote as follows :— " None lament more than ourselves the abuse which is frequently made of the maxims of the Church of France." Again, when under the Restoration, the ministers of state addressed circulars to the bishops, urging the teaching of the Four Articles in the cleri- cal seminaries, even the Gallican members of the Episcopate either disregarded the injunction, or replied that it was beyond the competence of the civil power. Again, some Galileans, like Bishop Frayssinous and others, sought to explain the Four Articles in an Ultramontane sense.f But a party that excuses itself, is already doomed. " Qui s' excuse, s'accuse," says the French proverb. Thus have we seen how by its evil results, Galli- canism had been gradually losing its hold on the Church of France. Providence now raised up two extraordinary men to give to this doctrine a blow, * Under the Restoration, the secretary of Cardinal Latil, con- fessor to Charles X., told me that the bishops of France did not like to see these questions discussed. t See Note D. xxxii Introduction, from wliich it was never to recover, and which was the means of brini^ini^ about that f^reat renovation of the GaHican Church, that is one of the most con- sohnf^ rch'f^ious phenomena of tlie age. While Napoleon was wac^in^^ war ai^ainst relij^ion, a younc^ man, yet a layman, in the remote province of faithful ]5rittany, took up his pen to vindicate the ri<;hts of the oppressed Church. This was the after- wards celebrated Felicite de la Mennais. He and his elder brother, the Abbe Jean de la Mennais,* be^ran in 1808 a joint work, entitled *' Tradition de ri\L^lise sur ITnstitution des Kveques," and wliich, in three volumes, was published in the year 18 14. The object of this work was to prove at^ainst Napoleon and some of the servile prelates who surrounded him, that ecclesiastical jurisdiction has been imparted immediately to Peter ahme, in order to be communicated to the other pastors, or, to use the words of St Optatus, bishop of Milevi, " that St Peter has alone received the keys of the king- dom of Heaven, in order to communicate them to the other i)astors" (Contra Parm. 1. 7, n. 3). Amoni^ other thin<^s, this book shows that the great Eastern patriarchates of Antioch and Alexandria were founded by St Peter and his disciple St Mark, and that the later patriarchal sees of Jerusalem and * The Al)l)c Jean de la Mennais collected for this work various passages from C!ouncils, Pajxal epistles, and from the l*'athers and Doctors of the Church. The younger brother then carefully revised the passages so collected, and afterwards dictated to the older the composition. The Abbe Jean was a learned theologian and can- onist, and was oflen em])loyed by bishops as (Jrand Vicar in their dioceses. He founded a religious order for jiopular instruction ; anil at times there were not fewer than a thousand religious under his direction, scattered through liritlaiiy and the neighbouring jiro- vinces, and spreading even to the West Indies. This apostolic man, who devoted much time to preaching and other duties of the sacred ministry, exercised, as we shall see, great influence on the ecclesi- astical affairs of France, Having reached an advanced age, he died a few years ago in the odour of sanctity. Introduction. xxxiii of CunstcinliiH)[)lc were establislied by General Councils, confirnied by the Holy See. The whole book is a learned refutation of the errors of Antonio dc Dominis, Richer, Van Espen, Ellies Dupin, Tabaraud, and Jansenists like him. This vigorous defence of the prerogatives of the Holy See was, I believe, the first of the kind, which since the time of Petit-Didier, a hundred years be- fore, had appeared in France. It was the prelude to a great work, that, published in the same country in the year 1819, constitutes an era in the history of the French Church. The work adverted to is the " Du Tape," by the great Count de Maistre. Its aim is to vindicate the full spiritual prerogatives of the Holy See, and the infallibility of its dogmatic decrees, as well as to point out its beneficial action in the advance- ment of civilization, and the great utility in the Middle Age of its political umpirage. This work was followed soon afterwards by a smaller treatise, entitled " De I'lCglise Gallicane," and which may be looked upon as its sequel. In the first book of this treatise, the author shows that first Calvinism, and then Jansenism, which was a sort of mitigated / and di.sguised Calvinism, had fostered in France a j spirit of opposition to the Holy See. In the second book, he analyzes and discusses the Gallican system, the Declaration of 1682, the affair of the Regalia, and the liberties of the Church of France. These two productions of the illustrious Count by their learning, force of reasoning, depth of ob- servation, playful wit, lively and sometimes lofty eloquence, made the deepest impression on the h>ench mind. Among the laity, and especially among .statesmen and diplomatists, their influence was most salutary.* * TIic publicntioii of the author's " Soirees dc St Petersbourg ; or, C xxxiv l7itroductio7i. The Abbe Felicite de la Mennais, who, in the meantime, by his work, " Essai sur I'lndifference en matiere de Reh'gion/' had acquired a vast re- putation, gave, in 1820, in a series of able articles in the journal "■ Le Defenseur," a critique of the "Du Pape."* By this critique he incurred the displeasure of not a few members of the French Episcopate, who still clung to the maxims of 1682. There was, if I am not mistaken, but one indi- vidual in that Episcopal body, who then openly and frankly defended the Roman doctrine touching the hierarchy. This was the holy archbishop of Bordeaux, Mgr. D'Aviau.f But in the French Episcopate itself, a great change of opinion was about to take place. In the year 1822, a new Concordat was completed be- tween the Holy See and King Louis XVIII., whereby twenty new sees were to be erected, mak- ing in all eighty. The Grand-Almoner, on whom devolves the right of advising the Crown as to the nomination to bishoprics, was at that time the Cardinal Prince de Croi, and his secretary was the Abbe' Jean de la Mennais already spoken of. The latter recommended to his patron the names of tw^enty ecclesiastics, all known for their devotion to the Holy See ; and among those ecclesiastics The Vindication of Providence in the Government of the "World" — a posthumous work that appeared in 1 82 1 — carried his reputation to the highest pitch. Count Joseph de Maistre, in my humble opinion, as a thinker and a vi^riter, takes his place in French literature im- mediately after Bossuet and Pascal. * His own work, " Tradition de I'Eglise," had been duly appre- ciated by the noble Count. fin 1815 he wrote as follows to a French prelate: — "For upwards of one hundred and thirty years, twelve consecutive Popes have never ceased to disapprove (improuver) the Declaration of 1682, and for a hundred and thirty years the Papal authority is opposed by declarations, prosecutions, and decrees." Henrion, Hist, de I'Eglise, t. 13, p. 14. Introduction, xxxv so presented was Mgr. de Bonald — the worthy son of an illustrious father — then promoted from the bishopric of Puy to the archiepiscopal see of Lyons. This excellent prelate, after having for so many years edified the Church by his great virtues and charities, and adorned it by his wisdom and learn- ing, was this very year, just before the promulga- tion of that definition for which he had helped to prepare the way, summoned to his eternal reward. In 1824, the Abbe F. de la Mennais and his dis- tinguished disciples, the Abbes Gerbet and Salinis, both afterwards promoted to the episcopal dig- nity, the learned Abbe Rohrbacher, the Count O'Mahony, M. Laurentie, now the venerable chief editor of the Union, and others, founded a monthly journal, entitled, '' Le Memorial CatJioliqne!' This journal, which exercised a great influence over the clergy, was chiefly devoted to the discussion of ecclesiastical subjects, and among other matters, carried on a warm controversy against the Galilean opinions. Though the bounds of moderation were occasionally transgressed, yet the rights of the Holy See, the freedom of the Church, and the cause of Christian education, were vigorously de- fended in its pages. In 1825, and in the following year, the Abbe F. de la Mennais published the first and the second parts of a work, entitled, " De la Religion, con- sideree dans ses rapports avec I'ordre politique et civil." In the first part, the author describes the state of political society in France, such as the Revolution had made it, and laments the indiffer- ence of the State as such for religion. This he justly calls political atheism. This stigma, yet with- out trespassing on the constitutional principle of religious Toleration, the CathoHc and monarchical party had long striven to remove by degrees from XXX vi Introduclion. the legislation of the country ; their leader, how- ever, M. de Villele, after his advent to power, but very imperfectly carried out their plans. In the second part, the author combats the Gal- ilean maxims with great learning and eloquence. Here occurs the celebrated passage, so character- istic of his spirit of rigid deduction : *' No Pope, no Church ; no Church, no Christianity ; no Christi- anity, no religion, at least for a people that was once Christian ; and, consequently, no society." It is to be lamented, however, that the Abbe de la Mennais had not discussed the first article of the Galilean Declaration in the same manner as the illustrious Count de Maistre, in his work, " Du Pape." Not content with defending the right of the Sovereign Pontiff, and of the Church, to cen- sure injustice in the political order of things — a right exercised at all times, and in the present age, by Pope Pius VII. in regard to the first Napoleon, and by the present illustrious Pontiff in regard to King Victor Emmanuel — the abbe sought to enforce in the present divided state of Christendom, the political effects of a regal excommunication. Eccle- siastics and laymen most devoted to the Holy See disapproved of this course ; and among others, an illustrious German Catholic writer, who, after the highest commendations on Count de Maistre, observes, with evident allusion to the Abbe de la Mennais, that other more rhetorical defenders of religion in France, by their imprudence, sometimes injure rather than serve the cause they mean to defend.* The ministry of M. de Villele committed the great imprudence of prosecuting this publication, * Frederick Schlegel in his " Philosophy of History," Bohn's edition, p. 464. The learned and able Baron d'Eckstein, too, in his journal, Le CathoUqiic^ expressed the same opinion. Introdtiction. xxxvli and of bringing- its illustrious author before the tri- bunal of the"Correctional Police." This prosecution, and the previous abrupt dismissal of M. de Chateau- briand from office, were the two greatest political blunders the Royalist Administration ever fell into. On the charge of an attack on the rights of the Crown, the Abbe de la Mennais was acquitted by the court, but found guilty on the accusation of attacking the Declaration of 1682, which, in despite of the freedom of religious opinions guaranteed by the Charter of 18 14, was declared to be the law of the land. The author was mulcted in a small pecuniary fine. Thirteen bishops, in an address to the King, Charles X.,* condemned in strong terms those pass- ages in the incriminated work, that assailed the Declaration of 1682. Other bishops endorsed the censure ; some gave it but a qualified adhesion ; while others again refused to subscribe it. In the year 1828, the Abbe de la Mennais pub- lished his work, entitled, ** Des Progres de la Reli- gion, et de la Guerre contre TEglise." There are in this production many very able and eloquent passages, and several remarkable predictions of events which afterwards occurred. But on the whole, there is a tone of asperity and violence, which much detracts from its merits. The prose- cution the author had sustained, and his conse- quent alienation from the Court and the Royalist party, as well as from many of the bishops, had embittered his feelings, and produced an irritation which betrayed itself in his recent writings.f The * This was the last formal act of Episcopal Gallicanism. t In the year following the publication of this work, I took the liberty of remarking to him, " that there was a certain nervous irri- tation manifest in his recent writings." He replied, '-Ah! c'est bien possible, c'est bien possible." xxxviii Introduction. calmer, more equable dignity that had pervaded his earlier works, was now gone. And, unfortun- ately, the severe, and even unjust comments which some prelates employed in regard to certain anti- Gallican passages in the work in question, provoked replies, wherein he sometimes forgot the reverence due to the episcopal office. In the times immediately preceding the Revolu- tion of July, I perceived with pain the clouds of a false political Liberalism, by degrees, gathering over his mind. And after that catastrophe, which has proved to France the source of so many evils, the faithful Breton, w^ho had once uttered the cry, " Vive le Roi quand-meme," now in the journal V Avenir, raised the wild cry, '' Dieu et la Liberie;" forgetting that if religion hallows and sustains civil liberty, that liberty must be within the limits, and under the conditions of social order ; — an order that has its foundations in Nature itself. Thus did a false motto betray the political exaggerations and errors of this journal. In pure theology, the Avenir remained quite sound ; but its politico- theological tenets, which its writers had submitted to the judgment of the Holy See, at last drew down the censures of the Sovereign Pontiff. It Vv^as repugnance to those decisions, and then revolt against that supreme authority, which, by degrees, led my once great but unfortunate friend and master into those fearful intellectual aberrations, that ended in his ruin. But with the Revolution of July, he " had finished his course." He had, by his " Essai sur I'lndiffer- ence en matiere de Religion " reclaimed very many Protestants and Deists ; and if, by his philosophy, he sometimes had unduly depressed the powers of human reason, he had, by a mass of learned testi- mony, illustrated the doctrines of Primitive Reve- hitrodiiction. xxxlx lation ; had helped, by his writings against Galli- canism, to introduce into France sounder views as to the Papacy ; had inculcated in his '' Guide du Premier Age," and in the admirable notes appended to his Translation of the " Following of Christ," a spirit of manly, fervent piety ; and, lastly, in his various miscellaneous writings, had advocated with great vigour and eloquence, and sometimes with profoundness of observation, the reform of public education, the obser\'ance of the Sunday, the free- dom of the Church, the union of Church and State, as well as the rights of the Crown, and the liberties of the oppressed provinces of France. When the Revolution of 1830 broke out, a great change with respect to the maxims of 1682 had already taken place in the minds of a large por- tion of the clergy and of the laity in France. The democratic politics of the journal UAvcnir, followed later by the sad fall of its chief editor, tended, I think, rather to retard the progress of what are called the Ultramontane doctrines. But as soon as matters had been cleared up by the several Encyclicals of Pope Gregory XVI., those doctrines in France pursued their onward course. During the reign of Louis Philippe, and under the second Empire, we have seen them professed by the most distinguished Catholic writers, and the most influential organs of Catholic opinion. In most diocesan seminaries, they have been taught, and, not unfrequently, they have been proclaimed even in provincial councils. A few months back, an august prince — the last hope, perhaps, of his great but unfortunate country — declared that, though he had been brought up in the Gallican maxims, reflection had taught him now to reject them, convinced that they had not a little contri- buted towards the misfortunes of his Royal House. xl I 71 tro due Hon. The bulk of the Legitimist party, as has been lately evinced in no unequivocal manner, shares the con- victions of the prince. Independently of religious feelings, they, doubtless, are sensible that the recent solemn affirmation of the spiritual royalty of Christ's vicar will ultimately tend to consolidate anew teinporal monarchy^ and all its concomitant institutions.* Lastly, in the glorious Council this year assem- bled, and which, by its definition respecting the Papal prerogatives, has crowned the desires of so many of the Churches children, fifty French pre- lates, by their words and acts, have ratified the old traditions of the Church of Gaul. While in Italy, in Spain, in South America, in Ireland, and in Switzerland, where the dogmatic inerrancy of the Holy See has but very rarely been denied within the pale of the Church, the laity have generally deemed it more prudent to leave the final settle- ment of the question in the hands of the Episco- pate; the case in other countries has been very dif- ferent. In France, where, especially since 1682, and in Belgium, where, duringthe domination oftheFirst Napoleon, Gallicanism had been made such a for- midable weapon of religious tyranny; the laity, as well as the second order of clergy, have in many cases earnestly petitioned the assembled Fathers to relieve them of the moral incubus. Simultaneous with the anti-Gallican reaction in France, was the course of religious thought in Catholic Germany. Here the evils of Febronian- ism and Josephism induced earnest and intellectual Catholics to cling more closely to the Rock of Peter. The great lay philosophers, historians, and publicists who, in the last generation, did so much to renovate the spirit of religion in the country * See Note E. Introduction. xli adverted to, Stolberg, Frederick Schlegel,* Adam Müller, Haller, Hurter, Görres, Jarcke, and others, were known for their aversion to the Gallican doc- trines. Eminent canonists, like Walter, Beidtel, and Phillips, as well as such very distinguished divines as Klee, Dieringer, and Dollinger himself in his earlier works, have more or less vigorously defended the doctrinal infallibility of the Holy See. Nay, this doctrine was openly enunciated in various provin- cial councils held within the last few years in Ger- many, Austria, and Hungary ; and accordingly, the attitude observed by many prelates of those countries in the Conciliar proceedings prior to the Definition, excited no little surprise at Rome and elsewhere. To conclude, if, on occasion of the recent solemn Definition — pregnant as it is with such beneficial results to the Church — I might be allowed to ex- press my own sense of personal exultation; I could observe that the great regeneration of the Church of France, which has occurred in the present cen- tury, was, according to all human calculation, a necessary prelude to this momentous decision. But the parties chiefly instrumental in bringing about that spiritual renovation, were many of them my own personal friends and teachers. After the great Count de Maistre, to whom the first place is due, it was the modern TertuUian, before his fatal aberrations, it was Mgr. Gerbet and Mgr. Salinis, the Abbe Rohrbacher, the Pere Lacordaire, M. Laurentie, and others, who had the chief hand in the undermining of the Gallican system. Those memories are most cheering to me at the present hour ; and while, as it often happens, the ideals of youth remain unrealized, and so many earthly hopes have vanished, like the false mirage of the * See Note F. xlll Introduction. desert, how consoling is it to find in the highest intellectual region — in the sphere of religion — the aspirations of youth fulfilled in age ! Again, is it possible to repress a feeling of patri- otic delight, when I behold those British and Irish Churches, scarcely represented at Trent, playing so important a part in the great CEcumenical Synod now assembled at Rome ; when, among other things, we see on one hand the Archbishop of Westminster preluding its deliberations by so learned and eloquent an appeal in behalf of the prerogatives of the Holy See ; and on the other, the Chancellor of the University, which I have the honour to belong to, and its former Vice-Rector, the Cardinal-Archbishop of Dublin, and the Arch- bishop of Cashel, ranking by their learning, wis- dom, and eloquence among the greatest luminaries of that Council ! Let us hope and pray that the demons of war, and of anarchy, which but yesterday lay crouching at the feet of the assembled Fathers, and which, since their temporary dispersion, have by the dread flapping of their wings, filled the world with dis- may and havoc, may yet be laid when those Fathers shall re-assemble ! London, ist September \%~,Q), S^foA^^ tC^jU c^^Ui^^^s^ I'V-c^ The works chiefly made use of in this historic sketch of GaUicanism are the following : — 1. " Recherches Historiques sur TAssemblee du Clerge de 1682," par M. Charles Gerin. Paris, 1869. 2. "Memoires pour Sei-vir ä I'Histoire Ecclesiastique du Dix- huitieme Siede," par M. Picot. Paris, 1815. 3. " L'Histoire de I'EgHse," par I'Abbe Rohrbacher. Paris, 1850. 4. "L'Histoire de I'Eglise," par M. Henrion. Paris, 1840. " Manuel du Droit Ecclesiastique," par M. Ic Professeur Walter, Trad. Francaise. Paris, 1850. 6. " L'Histoire du Droit Ecclesiastique," par M. Philips, Trad. Frangaise. Paris, 1858. 7. " Le Memorial Catholique," Ouviage Periodique de 1S24 jusqu'a Pan 1830. Paris. NOTES TO THE INTRODUCTION. Note A. That the great Bishop of Meaux had a certain courtly weakness, the following anecdote related by jM. Ge'rin will show : — In 1 68 1 Bossuet proposed, in the Assembly of the Clergy, that his own metropolitan, Mgr. de Harlay, Archbishop of Paris, should, together with the Arch- bishop of Rheims, be induced to preside, and this be- cause he had given so many proofs of his high capacity ; and that the title President of Councils, formerly given to the great Osius, might be applied to Mgr. d'Harlay. Yet of that very same prelate Bossuet, twenty years afterwards, spoke to his secretary, the Abbe Ledieu, as follows :— " Feu M. de Paris (the Archbishop Harlay) ne faisait en tout cela (namely, the proceedings of the Assembly) que flatter la cour, ecouter les ministres, et suivre ä Vaveiigle Inirs volonüs co?nme un valet'' — lourjial de Ledieu, t. i., p. 8. Note B. the schism of the petite eglise. '* Un resultat de cette opposition des trente-six eveques au Concordat, fut une espece de secte ou de schisme, appeM les Anti-concordataires ou la Petite Eglise ; secte qui se faisoit un merite de decrier le Pape, et son autorite; schisme dans lequel paroit etre mort M. de Theminnes ancien eveque de ^\q\%!' —Rohrbacher, Hist, de V Eglise, t. xxvii., p. 651. xlvl Notes. Note C. the constitutional schism. In a very interesting work published by the Pere Theiner, entitled, " Documens Inedits Relatifs aux Affaires Religieuses de la France 1790 ä 1800," and which he extracted from the archives of the Vatican, we find admirable letters addressed to Pope Pius VI. by the Abbe Emery, Superior of St Sulpice, relating (among other things) his interviews with the constitu- tional clergy of France. He speaks of the Bishop of Viviers, who was one of the four French prelates that embraced the schismatical constitution of 1790. A remarkable avowal which this bishop made to the Abbe Emery, confirms the observation in the text that the Galilean maxims were at least an indirect source of that schism : — " II m'a souvent temoigne qu'il avoit e'te trompe par les libertes de I'Eglise Gallicane, et que ce n'etoit qu'en les suivant et les poussant jusqu'aux der- nieres consequences, qu'il avoit ete mene si loin ; qu'il meditait une declaration de ses sentimens ä ce sujet, qui etonnerait beaucoup de monde, et que les theologiens qu'on appelle en France Ultra7?ioiifai?is lui paroissoient les seuls conse'quents." — Documms Inedits, t. i., p. 442. Pans, 1857. Note D. In the text it is stated that Bishop Frayssinous some- times interpreted the Galilean maxims in an Ultramon- tane sense. In the work of Dom Gueranger, entitled " De la Monarchie Pontificale," I find a passage bearing upon this point : — " Au temps du premier empire," says he, " M. Frayssinous employait son zble ä maintenir dans la croyance et la pratique chretiennes un certain nombre d'eleves de droit et de medecine ä Paris. Durant la crise violente du Sacerdoce et de FEmpire, ces jeunes gens, dont M. Perdrau faisoit partie, lui dirent un jour: Notes. xlvll ' Monsieur FAbbe, la controverse est fort animee, et nous avons besoin de savoir de quel cote la conscience nous oblige de nous ranger. Devons-nous etre Galil- eans ? Devons-nous etre tlltramontains ? ' M. Frayssi- nous leur re'pondit : ' Messieurs, vous n'etes pas, et vous ne pouvez etre theologiens ; je n'ai done qu'un seul conseil a vous donner : soyez Ultramontains ; je le pre- fere. Vous conserverez plus aise'mcnt ainsi la vraie foi. Si vous vouliez etre Galileans, je eralndrais que vous ne fussiez bientot entraines dans Terreur.' On doit rendre justice a la loyaut^ qui dicta cette reponse .... Main- tenant je le demande, quelle est la securite d'une doc- trine que Ton ne peut exposer en public, sans avoir ä craindre pour la foi des auditeurs ? " — De la Monarchie Pontificale^ p. 217. The speech delivered by Bishop Frayssinous in 1826 at the tribune of the Legislative Chamber, recounts some of the causes which had disgusted the French with the doctrines of 1682. Note E. spiritual and temporal monarchy, The Church, it is truly said, needs not kings and emperors ; but civil society in great states needs them ; and this is especially true under the Christian Dispensa- tion, which, by the abolition of slavery, has indefinitely multiplied popular suffrages, and therefore aggravated the difficulties of popular government. . Note F. Frederick Schlegel, who was usually so gentle and so guarded in all his judgments on men and things, has expressed himself in regard to the Galilean system with a severity that may be deemed excessive. " But this disguised half-schism of the Galilean Church," says he, " not less fatal in its historical effects than the open xlvlii Notes, schism of the Greeks, has, down to the period of the Restoration, contributed very materially towards the decline of religion in France." — Philosophy of History, translated by myself, p. 426. London, Bohn's ed., 1850. I well remember that the eminent publicist, Ludwig von Haller, author of the great work, " The Restoration of Political Science," once wrote in the " Memorial Catholique," that those CathoHcs who called the de- fenders of Papal Infallibility Ultramontanes^ acted like the Greek heretics and schismatics, who gave to faithful Catholics the appellation of Ulira7narines. The Abbe de la Mennais, who had been instrumental in converting to the Catholic faith so many Protestants and infidels of France, Switzerland, Germany, and England, once said to me, that he scarcely ever knew a convert that was favourable to the Galilean maxims. ^Äl^ U«%T4, CHAPTER I. THE FIVE ARTICLES OF THE '' ALLGEMEINE ZEITUNG." N the month of March 1869, the Allgc- meine Zeitung, of Augsburg, pubh'shed five articles, entitled " The Council and the Civilta/'' In these articles, on occa- sion of a Fiendi correspondence, under the date ERRATA IN ANTI-JANUS. At p. 150, "for the absolute will ef a singular individual", read " for the absolute will of a single individual". At p. 7G, " for so we reply", dele so. At p. 95, for ^^so we can only reply", read " then we can only reply", etc. At p. 103, for "so we are led to regard", read " we are naturally led to regard", etc. At p. 109, for ^'so there is for other churches", etc., read " there is on the other hand for other churches", etc. At p. 23^, for " so the prospect of honours and emoluments", read '• then the prospect of honours and emoluments", etc. At p. 256, for " so this clause is found", etc., read ''yet this clause in found" etc. xlvlii Notes. schism of the Greeks, has, down to the period of the Restoration, contributed very materially towards the decline of religion in France." — Philosophy of History^ translated by myself, p. 426. London, Bohn's ed., 1850. I well remember that the eminent publicist, Ludwig von Haller, author of the great work, '' The Restoration of Political Science," once wrote in the " Memorial Catholique," that those Catholics who called the de- fenders of Papal Infallibility Ultramonfaftes, acted like the Greek heretics and schismatics, who gave to faithful Catholics the appellation of Ulirajiiariiies. The Abbe de la Mennais, who had been instrumental in converting to the Catholic faith so many Protestants and infidels of France, Switzerland, Germany, and England, once said to me, that he scarcely ever knew a convert that was favourable to the Galilean maxims. CHAPTER I. THE FIVE ARTICLES OF THE '* ALLGEMEINE . ZEITUNG." N the month of March 1869, the AHge- meine Zeittnig, of Augsburg, pubh'shed five articles, entitled " The Council and the Civilta/^^ In these articles, on occa- sion of a French correspondence, under the date of the 6th ef February of the same year, in the Roman Civilta Cattolica, a very extended contro- versy was opened against the impending General Council, " as one chiefly called to satisfy the dar- ling wishes of the Jesuits, and of that portion of the Ctiriay which is led by that order." In the further course of these articles, mingled with other charges, the present development of power which the Papacy possesses is violently assailed. Scarcely had the five Articles approached their conclusion, when alarum trumpets were sounded, and loudly re-echoed from the circles of this party. It was mostly, however, from the Atigsburg Gazette these explosions were heard. A further^ essay eulogized 1 Art. I., in Nos. 69, 70, of the loth and nth March; Art. II., in No. 71 of the 12th; Art. III., in No. 72 of the 13th; Art. IV., in No. 73 of the 14th (Append.) ; Art. V., in No. 74 of the 15th March. 2 "One Word more on the Council," No. 94 (Append.), 4th April 1869. A 2 The Five Articles of those five excellent articles, which, it was said, " will one day form an epoch in history," but found in them only two defects. The author, it was said, should in the first place have shown, that even out of France, and in despite of the tyranny of the Roman Cnria and of the order of Loyola, the pure doctrine and tradition had not, even in Italy, Spain, or Portugal, entirely died out among theologians or canonists. This is proved by such names as Tam- burini, the Itahan Jansenist ; by Solari, Bishop of Nola (far better known by the refutation of Car- dinal Gerdil, than by his own writings in defence of the Synod of Pistoja and against the bull *' Auctorem fidei") ; by the Florentine scholar Fontani (so hostile to the Roman court) ; as well as by his fellows, Natali, Palmieri, Degola ; then by Clement, Bishop of Barcelona, Villaroig, and Pereira ; and the writer adds, it is only in the nine- teenth century all ecclesiastical light has been by degrees extinguished. Further, this author ought to have pointed out the marks of a genuine, real CEcumenical Council, and should have examined the course which, in the worst case, was to be fol- lowed by Catholics. Next, we are informed that the Council of Florence is not CEcumenical, and that far more doubts may be raised against the Council of Trent than against the Councils of Con- stance and Basle, discarded by Bishop Dupanloup ; that now, and in despite of the dreadful condition of the Church, there is no legitimate ground for the con- vocation of a General Council ; and that, besides, it will be devoid of all freedom ; that the Pope is merely the caput minister iale oi'dx^ Church, and that a theo- logical opinion can never be raised into a dogma. From this last proposition it would follow that the Immaculate Conception of the Blessed Virgin, which, down to 1854, was only a pious opinion, a The ''Allgemeine Zetttmg!' 3 pia sententia, would, even at the present day, be no dogma ; and that the Church would henceforth be incapable of giving a dogmatic definition. After such manifestations of profound theological learning, considerations drawn from canon law and public policy come to hand. Under the title, '' The CEcumenical Council and the Rights of the State," a warning cry is addressed to governments, not to be lulled asleep by the arts of the well-organised Ultramontane party, not to permit that the Catho- lic conscience should be misled, and new elements of discord introduced among nations. The fact is recalled to mind, that the laity, and especially princes, belong to the Church ; that the first councils were convoked by emperors, and that states have in manifold ways a power of guidance. The summoning of a general Council by Pius IX., without consulting the Catholic governments, is declared to be an assault on the privileges of the secular power.^ But even the assembly of Protestants summoned to Worms on the 31st of last May, could not refrain from meddling with this matter. " The rash views which guide the powerful party, from which the convocation of the General Council proceeded ; the intoxicating hopes that bear it up ; all this your journal has set forth in articles written from a Catholic point of view, and which are deserving of 3 Allgemeine Zeitung of 8th May 1869. In direct opposition to this opinion, the Morning Post later described the embarrassment of the Pontifex Maximus in Rome, because no foreign Power showed itself inclined to take part in the Council ; and therefore the project, which was designed to produce the effect of an explo- sion, would utterly fail. The Allgetneine Zeiticng, which, in its number of the 19th Septem- ber 1869, reports this observation, has at the same time the satisfac- tion to inform its readers, that the Standard refers to the Articles against the Civilta, proceeding, according to report, from a Catholic pen. 4 The Five Articles of all consideration." So runs the announcement in the great Gazette of Augsburg ^ on this part of the proceedings ; and this was soon followed by the summons signed by Bluntschli, Schellenberg, Zittel, and other celebrities of the same tendency/ This announcement stated that, seven years ago, Mr Schmidt, in Herzog's Encyclopedia, called the Council of Trent the last synod of the Catholic Church, and held a new one to be impossible ; but he only thereby proved, that much may become possible which many of our scholars deemed im- possible. The objection, that this business is a mere internal concern of the Catholic Church, which in no way regards Protestants, is met by the statement — first, that the Catholic Church !s a political power in the world ; secondly, that in 1864 she proclaimed maxims, which strike at the root of all sound political life ; and thirdly, that the Papal invitation to the Council, dated the 13th September 1868, requires an answer, which hitherto has not been satisfactorily given by the ecclesias- tical functionaries, and hence must be given by the Protestant people. With this corresponded the real acts of the Protestant Assembly, which led to further discussions, that the Augsburg Gazette, at least in its columns, brought to a rapid close. The spectacle of internal discord had been but too much exhibited before the "common foe." After further ''prospects of the Council," in regard to the modern state, had been laid open,^ came the ingenious founder of the Congress of philosophers/ who expressed his admiration for 4 Allgemeine Zeitung^ loth May 1869. No. 130. ^ Allgemeine Zeitung, nth May 1869. No. 13 1. ^ Ibid., 20th May 1869. No. 140. ' Ibid. (Append.), 27th May 1869. No. 147. "The solution of the religious question of the day." The ''Allgejneine Zeihcng!' 5 the celebrated five Articles of March, and of the ulterior ones of the 4th and 14th April,^ and desig- nated after Baader Popery as the weak side of Catholicism. The address of the Coblentz laity/ and the sum- mons issued from Carlsruhe, served to increase the sensation. The address of Carlsruhe ^° declared, that ecclesiastical parliamentary government, the intellectual power of the Church, has been for the last three centuries mutilated by the Jesuits, demanded provincial and diocesan synods, which even the Council of Trent had still recognized, but which had never been held," and threatened with a revolt of the popular mind of Germany against Rome. If it was soon proved that this address came from a by no means imposing number of Baden Catholics ; ^^ so again a voice from Styria pointed to the " efforts of the Council, that were declaring war against all civilization." '^ Attention to the Council was continually excited, particularly since the diplomatic steps taken by the president of the Bavarian ministry,^'^ and since the questions had been proposed to the theological Faculties, and s The last Article in an extra Appendix of the Allgemeine Zeitung announces a translation of the Five Articles into French, denounces a couple of the German Consultors in Rome, as murderers of German science, points out the sunken authority of Kleutgen, and so forth. ^ Allgemeine Zeiting, ist June 1869. No. 152, cf. No. 197. 1"/^/^., 5th June. No. 154. 11 And from what cause were they not held ? Was it by the fault of the Jesuits, or of the Popes, who constantly prescribed the con- vocation of such synods ? The ninth section of the ordinance of 30th January 1830, and the negotiations of the bishops with the Governments of the Upper Rhenish ecclesiastical province can throw some light on this subject. ^■^ Allgemeine Zeitu7ig, 13th June 1869. No. 164. 1=^ 7/;/^., 1 6th June. No. 167. 14 Ibid., 20th, 2 1 St June. Nos. 1 71 and seq. *' Prince Hohen- lohe and the Council." 6 The Five' Articles of conjectures had been formed upon the opinion of the Munich Faculty/^ So had the '' liberal Theology/' as it now calls itself, enlisted allies from all quarters. Jansenis- tical and Febronian divines, who could discover " ecclesiastical light" only in the last century, the author of the Congress of philosophers, Protestants of the most advanced opinions, statesmen and diplomatists ; all were arrayed for the struggle against the Council, summoned but not yet assem- bled. To these might be added the authors of several pamphlets, expressing themselves in a sense more or less similar. The Augsburg organ more especially devoted itself to the defence of State interests. In a superficial survey of the history of the relations between Church and State, the mo- dern political ideal of the complete equality of rights among all confessions, and of the school, considered as a pure Government concern, without the smallest need of the Church's intervention, without the slightest interest for scholastic dogmas, and yet disdaining a recourse to the Placet, and other measures of that kind ; this modern political ideal, I say, is highly eulogized.'^ But of a cor- responding action of the State there is no ques- tion. The author is affrighted by the Bull " Unam 1^ The Allgemeine Zeitung, of the 4th September, gave insertion to the opinion of the majority of the Theological Faculty of Munich ; and on the 19th, it gave notice of a criticism passed on it by some disciples of Passaglia in the kingdom of Italy. On the 22d of that month appeared, in the same journal, the theolo- gical opinion of Professor Dr Schmidt, only after it had been given by the Post-Zeitung ; and on the 6th October, as a supplement'taken from the latter paper, the introduction to the dogmatic opinion of the majority of the Munich Faculty. The opinion of the Würzburg Theological Faculty, the Allgemeine Zeitwig, from 23d to 30th Sep- tember, copied from an incorrect extract in the Post-Zeitung; but at the same time it inserted the correction sent to the latter journal. ^" Allge?neine Zeitung, 24th, 25th July. No. 205, seq. The ''Allgemeine Zeitung y 7 sanctam ;'^ he is affrighted by "Rome's lust of rule," which, indeed, appears invincible; for the past — the ruins of the city once the mistress of the world — the very malaria itself seem to foster the sense of greatness, and to cherish the idea of uni- versal domination.'^ This sentiment, which for every other government would be deemed excus- able, is not so for Papal Rome only. The clergy, from the need of a livelihood, is cowardly ; nothing is to be expected from its courage. " On the laity, possessing theological culture and religious senti- ments, devolves the solution of the ecclesiastical problem of the present time."'^ Now, with or with- out the aid of the non-Ultramontane theologians, they will begin the work of Reformation. But, lo ! all hope of the clergy is not yet destroyed ! In old Catholic Münster itself an agitation has com- menced against the CounciL^° New succour to the cause is promised by the revolt of Pere Hyacinthe (now M. Loyson) " against the Ultramontane counter-revolution in the constitution, doctrine, and discipline of the Catholic Church." " Nay, the correspondents of the Allgemeine Zeitung have succeeded in interpreting, in the sense of a protest against the dangerous manoeuvres of the Roman Curia, the Address of the 6th of last September made by the German bishops assembled at Fulda.^'' Very different views were put forth by the Catholic Assembly of Düsseldorf. They ex- pressed a sentiment of unqualified submission to the decisions of the Council, from which nothing but what was good and salutary ought to be ex- ^^ Allgemeine Zeitung, 5th August. No. 217. ^' Ibid., Letter from Rome, nth August. ^^ Ibid., No. 217, 5th August. 2*» Ibid., 24th September (Append.) No. 207. 2^ Ibid., September 22-25. No. 265-268. ^ Ibid., i8th September. No. 261.— 25th September. No. 26S. 8 The Five Articles of pected. To the Catholics there assembled it seemed a contradiction to confess, on the one hand, the infallibility of (Ecumenical Synods, and on the other, to dread from such a Council the sanction of gross errors. Whosoever deems him- self called on to warn the Council against such dangers, evidently entertains but the slightest pos- sible confidence in its teaching. While so many newspaper readers, who, when the question is about '' enlightened people," never wish to be the last, more dazzled, perhaps, by the boldness of assertion than by the brilliant colouring and the natural truthfulness of the picture unrolled be- fore their eyes, have, though incapable of forming an independent judgment, given their unqualified applause to the learned lucubrations of the Augs- burg journal ; and the less they held the Pope to be infallible, the more have they believed in the infalli- bility of that great organ of the enlightened. Most classes of the Catholic population have preserved a calm attitude, or evinced a distrust towards the revelations pretended to be made in their behalf. A simple Catholic observed : " These publicists are cunning folks. They may think : if what we have foretold comes to pass, then we have proved our- selves true prophets ; but if our predictions are not fulfilled, then it is we, who, by a timely cry of alarm, have prevented the passing of such fatal decrees." We may indeed reverse this remark, and say to these publicists: if the Council does not issue the decrees announced by you ; then, cunning as ye are, you have been misled by the still more crafty Italians; but if it should pronounce them, then you have not been true prophets, but the Roman Jesuits, who, wisely or unwisely, have told tales out of school. Others took the part of the much reviled Jesuits, The ''Allgemeine Z eilung r 9 who only received the blows aimed at parties oc- cupying a much more exalted position. How can those Roman Religious, who, in order to enjoy greater literary freedom, dwell in a separate house, and hold even in regard to their superiors a privi- leged position, but are neither employed as con- suitors, nor anywise more than other publicists initiated in the transactions preparatory to the Council, and of which, moreover, secrecy is an imperious condition ; how can they be, I ask, re- garded as official or semi-official heralds of the See of Rome ? And more especially, too, when the question is about a mere correspondence from France, which is unfairly brought forward ; whereas other larger essays of the same periodical upon the Council, and upon the Apostolical Letters having reference thereto — the only authentic declarations as to the object and the task of this Synod — are passed by with scarcely any notice ? How can the Papal eulogium of their labours and exertions in general be construed into an approval of every special article in their journal — articles which are only the work of private individuals, and often meet with their critics in Rome itself; while the censor- ship in that city, represented by the Master of the sacred palace, leaves everything untouched, which is not contrary to faith and morals ? And is not •* the unctuous tone" of the periodical to be referred rather to the majority of its readers, belonging as they do to the Italian clergy, rather than to the character and the position of the writers them- selves ? And if the latter write sometimes incau- tiously and inaccurately, are therefore the Pope and the whole Roman Ctiria to be made responsible for these faults ? This view again was enforced by others. It is not our callinsr nor our task to defend the lo The Five Articles of Roman periodical. But thus much justice bids us acknowledge, that very often the German press, entirely overlooking other important articles, mis- represents its statements, in order to stamp on the whole journal the character of a ridiculous fanaticism. Nothing less than accurate was the representation which a Roman correspondent of the Augsburg journal gave of the reply of the Ci- vilta ;^^ and a later reply was merely characterized by the statement,^"^ that the Roman journal repre- sented its opponents as belonging to a coterie, whose vital elements were a syncretism of Royalty (meaning Regalism), Febronianism,^^ Liberalism, and Freemasonry, and that it brought forward some Scriptural passages, such as Matthew xxviii. 19, Psalms ii. i ; while the leading thoughts of the article were passed over in utter silence. But, on the other hand, the Civilfä Cattolica was to be blamed, when, on vague notices or inaccurate newspaper statements, it brought the Theological Faculty of Bonn, the lay addresses of Coblentz and of Bonn, as well as a declaration of students in that University, into a connexion quite unjusti- fiable. What in this declaration was addressed to the Allgemeine Zeitu7ig from the Rhine under the title of " In defence^^ " may, in despite of some, perhaps, verbal exaggerations, be deemed well ^^ Allgemeine Zeitung, 13th April. No. 120. ^ Ibid., 6th Sept. The article of the Civilta here meant, and which bore the date of the 21st August, No. 466, pp. 462, 466, 468, relating to the work entitled " The General Council and the State of the World," we ourselves looked into. ^^ The correspondent of the Allgemeine Zeitung did not know the signification of the word regalismo, nor what among the Canonists is the school of regalists : otherwise he would not have translated the word by " royalty." His expressions in the issue of the 2 ist Oct. show likewise that he is not very familiar with ecclesiastical literature. 2^ Allgemeine Zeitung, 26th Sept. 1869. The ^^ Allgemeine Zeitung^ 1 1 worthy of consideration. The exhortation to prudence and moderation made in that article is very appropriate. " We should avoid," it says, *' to express ourselves on undecided questions with a precision and a warmth which is in every case unsuitable, and may eventually become very irksome. We should, while boasting of our knowledge, avoid giving way to an arro- gance ill becoming our position as sons of the Church." In general, the Catholic press of Germany has spoken much less than the Protestant on the QEcumenical Council. It saw, for the most part, that, for the hypotheses hazarded, there was no certain guarantee, and that the inferences drawn from them were yet not by any means justified. After the example of French newspapers,"*^ our Catholic press expressed a decided disapproval of the Roman periodical, whose expressions have afforded the much-wished-for occasion for the famous Five Articles, which, even without them, would scarcely, however, have been long held back. It disputed the statement that the Council was to last only three weeks, and discuss only the subjects marked out in the Civilta for deliberation.^^ The literature on the Council that proceeded from clerical circles, brought replies to various state- ments in those Articles \'^^ but none so severe as the Historisch-Politische Blätter. ^° In what, however, "^ For example, Le Fraiicais, i8th March 1869. ^ As something new, the Tmies brought forward, even later, the same three themes for deliberation. See the Allgemeine Zeitung^ 17th Sept. 1869. 2^ The CEcumenical Council of the year 1869, Periodical papers, vol. i., Nos. 2, 3, Ratisbonne, p. 89 et seq. — The (Ecumenical Council. Voices from Maria Laach, No. 4, Freiburg, 1869, p. 70, 92. 3" Historisch-Politische Blätter. Vol. Ixiv., Nos. 2, 4, especially p. 316, seq. 1 1 TJic Five Articles of i? there said respecting the reputed author of the Five Articles, strongly as the external proofs weigh in the balance. I find it in^ipossible, on internal grounds, ever to concur. It must look like an outrage to a celebrated scholar to ascribe to him so shallow a performance, marked by a tendency so ill-concealed ; and to assume that the views and convictions he had once openly professed, under his own name, he should now wish to deny under the veil oi the anonymous. To think this seems to me a moral impossibility ; and his silence in regard to the daily press may be explained by the fact, that he has deemed it beneath his dignity to reply to such an accusation. It was soon announced that the renowned Five Articles would appear on a larger scale as a pam- phlet. At length ensued the publication of the book now lying before us ;-'' and this once more fu I'll: she J t'le A!!~:>kc:}:c Zeitung with an opportu- i:::\- o:' recurring, for the advantage of its devout readers, to the purport of the excellent articles.-" Recalling to mind a writing that appeared shortly after the publication of the Encyclical of the Sth December 1S64. the AU^cvicinc Zeitung ^v^d.?> "'the TCjiy':A :•■;.;.' cf the Divine origin of the Roman Papacy" there announced, or rather menaced as impending, to be realized in these articles. And indeed, continues this journal, in point of fulness and solidity, this book leaves scarcely anything to be desired • and the materials, though not precisely v.-?rked v.-;^ with r.rtistic skill into an harmonious ;. L. T.-.: ..;. A r.ew edition of r St entitled, mished with ; ; f it into ._ - of die J :.. . Append.), 3d October. No. 276. The ''AUgC7neine Zcittmgy 13 whole, give us clearly to understand " how unchris- tian and unjust is the Papal absolutism, on what a hollow basis it is founded, and by what bad means it is developed." But the philosopher who pro- nounced this eulogium, accepts, indeed, these re- sults of an historical investigation (in his opinion) very solid ; yet passes a judgment the more severe on the incompleteness and the inconsistency appa- rent through this whole work.^^ The new production challenges, in a very de- cided manner, an examination on the part of Catholic theologians ; and this it will scarcely fail to obtain. Now, in regard to myself, though after long and fatiguing labours, and after the comple- tion of a large scientific work,^"^ I much needed repose; yet, unhindered by external considerations,^^ I have forthwith and quickly entered into the con- test — one against many ; for we now learn that we have to deal with several authors, and that the plural "we" used by them is not figurative. I have entered upon the struggle to comply with a holy duty, and to satisfy the claims of conscience ; while supported by abundant evidence, I protest against a theology which borrows the name only of Catholicism, in order the more securely to wound it in its vital centre, and while I subject to a free criticism the historical and theological deductions of the authors in question. Who the persons may be whom I have to contend with, is to me a matter of indifference. I will hold merely to the name of '^ Allgemeine Zeitung, 4th October. No. 277. 3* The author's " Life of Photius." 35 As may be seen from the distribution of the German Consul- tors into the various Committees published by the daily papers, I took not the least part in the Commission for Dogmatic Questions in Rome ; and what I here write I would equally have written had I not been called to that city to have a share in the labours prepara- tory to the Council. 14 A r tides of the ''A llgefneine Zeitung^ Jaiuis inscribed on the title-page, and not inquire whether he have any affinity with the Janus Quad- rifrons, or whether he have only a twofold or a triple front, whether he have a double face or several faces. Although I think with Janus, that the attention of the reader should be exclusively concentrated on the subject-matter, and that this Reply can of itself, and " without any connexion with names," exert a due effect ; yet I still prefer to appear openly with my name, before the tribunal of criticism, to which I submit the present work. In doing so, I have no just ground for fearing that, contrary to their solemn assurance, it will occur to the opponents " to transfer the dispute from the sphere of objective and scientific investigation of the weighty questions under review, conducted with dignity and calmness, into the alien region of venomous personal defama- tion and invective" (P. xxix.) I am evidently viiich more exposed to this danger, than the anonymous adversaries. I hope also on this account to remain free from the charge of indulging in imputations of heresy, and so forth ; even though at times, con- trary to my intention, I should forget a calm and measured tone, and in the course of the discussion drop a too vivacious expression, which a competent judge would not approve. I am concerned about the cause only, and not about persons ; and the criticism to which I have subjected " Janus,^' I will not take ill of any scholar if he should think fit to exercise towards my " Anti-Janus." If in a work so rapidly composed as the present, an inaccurate word or any incorrectness should have escaped me, I revoke both beforehand, quite prepared to change for the better what has been done amiss/^ ^^ I may here be permitted to make use of the words of St Augus- tine : " Ego fateor me ex eorum numero esse conari, qui profi- CHAPTER II. THE FIVE ARTICLES IN THE " AUGSBURG GAZETTE," AND THEIR NEW EDITION. T is not uninteresting to compare the ori- o^xj, ginal with the later edition, the Five ^ Articles in the Gazette of Augsburg with the book entitled "Janus." What the former gave is mostly to be found in the latter ; yet the first production and its new form are by no means identical. The new title is better chosen ; for the question is not so much about the Civiltd Cattolica as about the Pope ; as this is now roundly stated, and with a sort of proud self- satisfaction. Those who found in the Five Articles a tone of mockery and of wrath, and on the other hand missed logical order, as well as calmness and dignity, will not pronounce a more favourable judg- ment on the revised work entitled " Janus." Of the three principal sections, " The Syllabus made Dogmatic/' " The new Dogma about Mary," and " Papal Infallibility,'^ the last is immeasurably long, ciendo scribunt, et scribendo proficiunt. Unde si aliquid vel incauiius, vel indoctius a me positum est, quod non solum ab aliis, qui videre id possunt, merito reprehendatur, verum etiam ä me ipso, quia et ego saltem postea videre debeo, si proficio, nee miran- dum est nee dolendum, sed potius ignoscendum, non quia erratum est, sed quia improbatura " {Ep. 143, ol. 7, ad Marcdlitium), 1 6 The Five Articles in especially as a multitude of matters scarcely be- longing to it are here dragged in. Even the taxes of the Roman Chancery are not forgotten. After a Preface of nineteen pages, we find our- selves at the Introduction, which is identical with the first article of the lOth of March. The first sentence has undergone a slight change in the new edition. It now runs thus : *' The veil which hung over the preparations for the great General Council and its intended doings and decrees (now has hither- to hung over its intentions), begins to be lifted (now is already lifted). The tone of confidence in its statements has considerably increased." Now fol- lows, as formerly, the correspondence of the Givilta Cattolica from France. Before the paragraph in the first article, beginning with the words, " So the Civilta, which is as well known to all," is inserted a longer passage, containing a like correspondence, addressed to the Roman periodical from Belgium ; and there, our authors declare, such articles of cor- respondents are more than mere " feelers " in reference to the impending " dogmatic surprises." Now follows (p. 4) what in substance had been said in the first article also upon the official char- acter of the Civilta, as the Moniteur of the Roman Curia, according to which this journal is charac- terised as the best and most trustworthy source for all that is intended with the Council in Rome.^ Here we again find an insertion, wherein, quite in accordance with the hints elsewhere given by the Augsburg Gazette^ the affirmations of Papal Infal- libility by recent provincial councils are repre- ^ The Allgemeine Zeitung even asserts that the numbers of this periodical are, prior to publication, regularly submitted to the Pope. Whoever is in any degree acquainted with the business and the occupations of his Holiness, the number of his audiences, and so forth, will know what to think of this statement. The ''Augsburg Gazeile!* 17 sented as provoked by Rome^ (p. 5) ; nay, "the whole plan of the campaign " is unveiled, by means of which " the new dogma, without long examination, will be settled at one sitting, as by the stroke of a magician's wand" (p. 7). Our authors ca7i even name the English p7' elate who has undertaken to give the impulse to these proceed- ings.^ But, independently of this, it is indubitably clear from the Civilta, " that the Council is sum- moned chiefly for the purpose of satisfying the darling wishes of the Jesuits, and of that part of the Curia which is led by them" (p. 7). With the designation of these darling wishes, which are now ' The revision of the Acts of such Provincial Councils has only for object to prevent decrees against Xh^jiis coT?ifnuiie, and particu- larly against the Council of Trent. A previous " intimation," to express their opinions on this or that point, is a pure invention. Father Schneemann has certainly not wished to say what has been sought to be deduced from his words; nor is he so "well in- formed" that he could vouch for the deliberations with all the Metropolitans in question. The letters of a distinguished man now no more, but who was more versed in aesthetics than in theology, and who, especially in the first period of his residence in Rome, gave heedless credit to much gossip of the city, contain more than one inaccurate statement. Much he would himself have corrected, could he have anticipated the later publication of letters addressed to friends ; and he could not always think of immediately rectify- ing what he had written down according to hearsay. In this respect he told me himself, in the autumn of 1857 : — *' All the world will hear something new from Rome ; but rarely is one in a position to offer what is true ;" and Pliny, vi., Ep. 16, rightly observes: — "Aliud est epistolam, aliud historiam, aliud amico, aliud omnibus scribere." iV.^.— The person alluded to is, I believe, the lamented Dr Diepenbrock, bishop of Breslau. (Tr.) 3 The "English prelate" here alluded to it is not difficult for those to guess who have read, in Art. III. Allgemeine Zeitung, 13th March, these words :—" Archbishop Manning, who, with the glowing zeal of a convert, has embraced the theory of Infallibility, expressed a short time ago," etc. In the same way it is said, in Art. IV., under the date of 14th March :— " The English bishops will follow Manning ; the Irish will follow Cullen, imposed and set over them by Rome." B L, 1 8 The Five Articles in treated of in three chapters, the introduction con- cludes. The Syllabus made dogmatic, whereof the first chapter treats, appears ''as an enriching of the Church with a considerable number of new dogmas, but which (the infallibility of the Pope once pre- supposed) are but the first-fruits of a far richer harvest reserved for succeeding times " (p. 8).'^ Here we have some additions to the arguments in the Allgemeine Zeitung^ especially a very signifi- cant reference to the anti-pope Benedict XIII., residing at Veniscola, who saw the whole Church as- sembled only in his rocky castle.^ With the Jesuit Schrader (p. 9) his fellow-religious Schneemann has been associated (p. 10), after the brilliant para- graph in the articles, commencing with the words, " when once the narrow adherence," etc., has been reserved for a later investigation. The paragraph on the co-active power of the Church has received considerable extension. The further deductions in the sixty-ninth number of ih^ Allgemeine Zeitung are pretty faithfully retained till p. 18,* where No. 70 begins. At p. 17, Father Schneemann is again cited, and then Father Schrader, against the Bishop of Mayence. While the remainder of No. 70 in thQ Allgemeine Zeitung IS otherwise preserved verbatim, further proofs of the hatred of Ultra- montanes against free institutions are alleged, and, moreover, the beginning of the third article (in - Already the Allgemeine Z^z'/z^«'^ (Append,), 2 ist October 1869, announces, " Soon will a new cultus spring up ; the adoration (!) of St Joseph. Various circumstances point to this fact. Even English correspondents frovi Rome speak of it, as well as of the bodily assumption of this saint." ^ After the expulsion of the cultivated classes from the Church, the uneducated only will remain in it ; but this true flock remaining behind, will the more pliantly submit to the "pilots of Loyola." * According to the original (Tr). The ^'Augsburg Gazette" 19 No. 72) is assigned to a more suitable place. The first chapter concludes with a quotation from St Francis of Sales, who, we are told, " expressed his dislike for writings which deal with political ques- tions, such as the indirect power of the Pope over princes; "but he is no authority for the Jesuits"^ (P- 33)- In the following chapter on the new Marian dogma, we receive, with some changes and addi- tions, down to the second paragraph, the begin- ning of the second article in No. 71. The historical statements on the tradition, "that the body also of Mary has been taken up into heaven," are completed by a reference to two apocryphal writings from the time between the fourth and fifth century, as well as to Pseudo- Dionysius and Gregory of Tours. The Patristic expressions, that the death of Mary has been a miraculous one,^ as well as the homilies of Modes- tus of Jerusalem, Andrew of Crete, Germanus of Constantinople, John Damascene,^ who enjoyed in the Eastern Church such great authority, are passed over in silence, and no attention is paid to the arguments of Pope Benedict XIV.^ The "glorifi- cation " of Mary inspires Janus with no sympathy ; he has already had more than enough in the doctrine of the Immaculate Conception, solemnly declared by Pope Pius IX. to be part of divine revelation. Yet in contrast with the intended decrees of the Council sanctioning the Syllabus, the announced new Marian dogma appears very harmless. It is only worthy ^ Yet the Jesuits willingly quote this saint for their side, as, for example, Father Schneemann, often mentioned by Janus, in his work entitled, " The Teaching Power of the Church," p. 125, et seq. "^ For example, Epiphanius, hoer. 78, n. ii. ^ Migne PP, gr. t. Ixxxvi. p. 3277, seq.; t. xcvii. p. IO46, I072, 1089, seq. ; t. xcviii. p. 340, 348, 360, seq. ^ Bened. XIV. de fastis ; ii. 8, n. i, seq. 20 The Five Articles in of notice, that herein, again, we find the whole character of the Jesuits,^" who are wont to despise the tradition of the ancient church, and whose appetite, when once they have obtained the imme- diate object of their wishes, will certainly increase, and, in all likelihood, lead to a justification of the doctrine of Probabilism, and, in general, of the whole moral system of the Order, "that ever-gaping wound in its reputation" (p. 36)." Yet we wish not to dwell any longer on this subject. The long section, entitled, " Papal Infallibility," which, moreover, contains many other things, be- gins (p. 37) with a citation from Gretser and Caje- tan (the words of the latter are repeated at p. 375), ** who express the fundamental principle of the Ultramontane doctrine, that when we speak of the Church, its rights, and its action, we always mean the Pope, and the Pope ouly!' The Civilta Catto- lica, it is said, sets forth the same view. We get the conclusion of the first of the Five Articles, with some additions respecting these Ultramon- tane views upon the circumstances of Italy,^^ and the rest, in which the Mortara case, long since appreciated by Canonists,'^ is not forgotten (p. 42). ^^ Upon this theme we find scarcely any writings of the Jesuits in modern times. Among Italian writers, we may mention the trea- tise of the Benedictine Aloysius Vaccari (de Corporeä Deiparse in Coelum assumptione) ; that of the Franciscan Observantine, Luigi Buselli (La Vergine Maria vivente in corpo ed in anima in cielo) ; and that of Padre Caspare de Luise, of the order of the Pii Operarii (L'Assunzione di Maria), ^^ Of the numerous apologies which, even down to our times, have never yet received a scientific refutation, such as those of Riffel, Moufang, Magnus Jocham, and the Baron von Ketteler, bishop of Mayence ("Attacks against Gurey's Theology," Mayence, 1 869), Janus naturally takes not the slightest notice. ^■^ What Janus here (pp. 37-42) alleges, shows strong prejudices, indeed, but no knowledge of the real facts. We shall, however, not pause to dwell on secondary matters. i=* Cf. Katholik, 1859, vol. i., p. 64, seq. "Archiv, for Catholic Can. Law," vol. iv., Nos. 5, 6. (In German.) The '' Atigsbtn^g Gazetted 21 As great spirits ever coincide, so in respect " to the Roman lust of dominion, to which all the ori- ginality and the self-efforts of the German mind are to be sacrificed ;" Janus here, as in many other things, concurs with a Catholic philosopher, who has long since given up all Romanism.''^ " The whole Ultramontane habit of mind, Janus teaches us, is rooted in the personal infallibility of the Pope." Here the passage taken from the Intro- duction to the first Article, and which, in the new edition, had been left out in that place, is brought in — the passage inculcating the precious doctrine, that with the triumph of these views *' a new prin- ciple of immeasurable importance, both retrospec- tive and prospective, will be established — a prin- ciple which, when once irrevocably fixed, will ex- tend its dominion over men's minds more and more, till it has coerced them into subjection to every Papal pronouncement in matters of religion, morals, politics, and social science. For it will be idle to talk any more of the Pope's encroaching on a foreign domain ; he, and he alone, as being infallible, will have the right of determining the limits of his teaching and action at Ins ozvn good pleasure, and every such determination will bear the stamp of infallibility" (p. 45-6). In the same words as in the Articles, only with some changes, the terrific consequences of the dogma of Infallibility are depicted, to which the ^4 T. Frohschammer. ** The Right of Private Conviction," Leip- sic, 1869, pp. 229, 230. Upon the levying of taxes compare this work, p. 216, with what Janus says, pp. 195, 236, seq. (Lasalle, as is well known, has far better appreciated the relations of the Middle Age, so different from those of modern times.) Upon the oppo- sition to all science, Cf. Frohschammer, p. 220, with Janus, p. 17, seq. 280, and alibi ; upon the Inquisition and intolerance, Froh- schammer, p. 9-1 1, with Janus, pp. 14-18, ^^^-^ and pp. 254, seq. The paging is here according to the German edition of "Janus.") [Mr Frohs'chammer is a suspended priest.] (Tr.) 2 2 The Five Articles in sequel of Article II., in No. 71 of the Allgemeine Zeitung, entitled, '' Papal Infallibility defined by the Council as an Article of Faith," is suitably annexed. The witticism about Theology assuming more and more a "Talmudic" character finds its place here also. What next the second Article upon " Papal Errors and Contradictions," as well as the third Article upon the genesis ofthe theory of Infallibility, and of the forgeries made in its behalf, had but briefly indicated, has now been spun out into a long treatise. Thenceforward between the ori- ginal and the newly-edited text a radical differ- ence prevails, and very little is found in accord. A frightful picture of the mediaeval Papacy, and of the circumstances it brought about, is sketched for us. The system of legates, and the bestowal of the Pallium, appeals, exemptions, and dispensa- tions, reservations, and the oath of obedience, the Inquisition and trials for witchcraft, in short, all possible terrors, are brought before us in motley array ; while again, from the fourth and fifth Articles, various episodes belonging to the last four centuries are introduced in a somewhat modi- fied form. We were promised a new edition of the articles in the Allgemeine Zeitung, provided with proofs from original sources. But precisely in those pas- sages, where such authoritative proofs were most needed, these are not furnished ;^^ while such are found in other places, where they were scarcely necessary. Several statements and assertions in the Articles, which we had wished to see fully 15 For example, for the proposition p. l8l in German : " So often as the Pope passed a new law, the Curia calculated what would be its profits arising from the dispensations now rendered necessary," &c. The proofs for this ioties-quoties it would not be so easy to adduce. The ''Augsburg Gazette!' 23 proved, have now been entirely left out. To this belong, for example, the following passages : — 1. At the conclusion of the second article, it was asserted that Pope Paul V. had sacrificed to his claims of political power even the hope of the reunion of England with Rome held out to him by King James the First ; and for this assertion re- ference was made to a diplomatic document, dated the 22nd July 1609, and to be found in the Im- perial Library at Paris/^ This statement appeared even to the editors of the Allgemeine Zeitung im.- probable ; it was, therefore, the more necessary to publish the document. That this did not take place, but that the statement was entirely omitted in the new edition, cannot have for a reason that it was not wished to give any support to the con- jecture expressed by a Catholic publicist/^ as to the authorship of the articles. 2. In the third Article that appeared in No. 72 of the Allgemeine Zeitung, a declaration was as- cribed to Pope Alexander III., to wit, that adultery committed by a priest is a lesser sin, for which he was not to incur deprivation, nay, not even suspen- sion by his bishop. It was not subjoined where Alexander had said this. Some thought of Canon iv. At si clerici^ in the Decretal, entitled De Judiciis(ii. i) ; but from this passage that asser- tion is not to be proved.'^ Others thought of the Decretal " Significasti," where, however, the ques- tion is about an accused, and not yet convicted priest, to whom the Pope prescribes canonical purgation in such a way, that in case he did not 10 The treasures of the Vatican, the friends of Janus could also make use of, p. 382 (in German). I'' This is M. Jörg, the editor of the great bi-monthly periodical entitled the Historisch- Politische Blatter, Munich. (Tr.) ^8 Augsburg Ecclesiastical Journal^ No. 20, of the 15th May 1869.. 24 The Five Articles in clear his character, he should be suspended/^ Here was Alexander III. grossly calumniated. Now that passage is entirely left out in " Janus/' without any restitution of his good name being made to the calumniated Pope. 3. In the fifth Article it was said, "That in order to silence the German Church at the Coun- cil of Trent, Paul III. had, by a special Brief, contrary to the usage of former synods, enjoined that no right of voting should be granted to its deputies." To this it was replied :^° " The reverse is true. Paul III. had issued a Brief, quo episcopis GermanicB indulgebatur uses sujfragii per Procura- tores ; and in this the Germans were even favoured before other nations, so that the legates, from fear of exciting jealousy, kept back the Brief." ^^ Now this passage also fails in " Janus," although the general accusation of the ill-treatment of the Ger- mans by Rome has been faithfully retained.^^ 4. The statements about Count De Maistre and the Abbe de la Mennais, which were to be read in the fourth Article, are now omitted. Perhaps the explanation of the catastrophe of the latter writer by the " dogma of Infallibility," appeared too one- sided and too rash. 5. The reference also to the Declaration of 1682, and the refutation of the hypothesis of Infallibility by Cardinal La Luzerne, which adorned the same ^^ Bamberg Ecclesiastical Gazette, No. 23 of the 5 th June, upon c. 5. de adult, v. 16, Cf. Farinac. Prax. crim. p. v. qu, 40. Reiffenstuel inh. 1. §§ I. n. 14. 2« Ibid., loc. cit. 21 Pallavicini Hist. Cone. Trid. L. vi. c. 2. n. 6, 7. 22 Pp. 232, seq., 313, 315, 323, 329, 351, 359, 360, 366 (in the original). With these passages we may compare the work en- titled " Imperatorum, Imperiique, principum ac procerum totius- que nationis Germanise Gravamina adversus Sedem Romanam totumque ecclesiasticum ordinem eruta ex actis a Jac. Frid. Georgii. Francoforti et Lipsise. 1725. The ''Augsburg Gazette!' 25 article, have not been reproduced. Was it because the work of Mgr. Maret, which is shortly to ap- pear in Germany also, furnishes a substitute ? ""^ Or was it because new historical researches have placed the origin of that Declaration in a less favourable light ? ^' 6. Even the quotation from a work of the Oratorian Laderchi, which appeared in the fourth Article, has here been omitted. Is this because the fact is not correctly alleged, or because the work sharply attacks certain critics,^^ who without any moderation, without any respect for the Church and for her doctrines, strive after the morbid fashion of Rationalists, to drag everything into the dust ; men whom we may call hyper-critics or pseudo- critics t 7. That the conclusion of the five Articles, which characterizes the impending QEcumenical Council, as a " Synod of flatterers, like the Latro- cinium of Ephesus," has been omitted in the new edition, we would fain regard as a sign of improve- ment, and of a return to greater moderation. I should be obliged to write a book three times as thick as that of " Janus," were I to submit all its particular statements, more especially in the second half of the work, to a critical survey. For, in general, accusation requires less space than de- fence ; and in historical controversies it is neces- sary, on one hand, to reduce to their true value the testimonies cited by the opponent, and on the 23 Le Concile Generale et la paix religieuse, Paris, 2 vols., adver- tised in the Allgemeine Zeitung of 20th September 1869. 2^ Charles Gerin. Recherches Historiques sur I'Assemblee de 1682. Paris, 1869. "^ La critica d'oggidi ossia Vabtcso della critica odiema di Gia- como Laderchi, Rome 1726, pp. 81, 88. 100. [The criticism of the present day, or the abuse of criticism in the present time. By J. Laderchi.] 26 Articles in the ''A tegs burg Gazetted other hand, accurately to bring forward the oppo- site authorities, which have been passed over, whether from design or from ignorance. Moreover, the attacks are systematically directed on certain special isolated points, severed from their general connexion ; so that, in defence, we must constantly point to this historical connexion — a connexion which is not immediately and fully apparent to every reader of the work in question. Hence, in- dependently of other labours incumbent upon me, I must confine myself within certain limits ; appre- ciating some of the most important points more fully, others more briefly, leaving the rest to the work of other men. On this occasion, I think I am justified in expressing a wish, that the clergy, especially in the face of an historical school, which, though in many ways one-sided, is still intellectual, and seizes on ecclesiastical questions with the greatest eagerness ; that the clergy, I say, should take up many labours formerly neglected, and which exceed the powers of individuals ; and, in general, devote greater attention to the pursuit of historical studies. If it is a misfortune that so many historians should be destitute of a know- ledge of dogmatic theology and Canon Law, it is a misfortune also, that so many divines per- .fectly familiar with dogmatic questions, are not historians withal. CHAPTER III. MAKING THE SYLLABUS DOGMATIC. N appalling thought, whose whole signifi- cance the reader can scarcely realize \ *' To speak seriously, the contest inaugu- rated by the Encychcal of 1864, will have to be carried out with the free use of every available Church weapon, — a contest against the common sentiment and moral sense of every civilized people, and against all the institutions that have grown out of them" (p. 18). That is to say, the eighty propositions condemned in the Syllabus appended to the Encyclical of the 8th December 1864, are to be defined in the form of positive enunciations and affirmative theses ; or, in other words, the propositions, contrary to those proscribed assertions, will receive the stamp^ of articles of faith. As now, according to the view of Janus, those condemned theses are the expression "of the common sentiment and moral sense of every civiHzed people, and of all the institutions that have grown out of them," and which the Jesuits, the intellectual authors of the Encyclical and the Syllabus ^ combat to the utmost extre- 1 Here Janus (p. 23) perfectly coincides with the writing, entitled, *' Illustration of the Papal Encyclical." Leipzic, 1865. 28 Making the Syllabus Dogmatic, mity ; so new articles of faith are to be created, thoroughly reprehensible, and in the highest degree irrational and absurd, calculated to revolt every Christian soul. Were the hypotheses here made, well-founded, so the devoutest Catholic might fear he must incur the danger of being misled by his Church. But that they are happily unfounded, is a matter easy to be proved. In the first place, it is a false hypothesis to as- sert that propositions, contrary to all the theses condemned in the Syllabus, can ever become real articles of faith. These theses are designated in globo as errors, but by no means as heretical pro- positions. Among them are such, as in a special qualification would be characterised only as false, temerarious, and so forth ; ^ a distinction that was made, for instance, in the Thirty-nine Articles drawn up by Pope Martin V., in respect of the errors of Wyclift"e and Huss.^ The twelfth article of the Syllabus, namely, " The Decrees of the Apostolic See and of the Roman Congregations impede the Free Progress of Science," may well be censured as false, rash, scandalous, offensive to the Holy See, and to the whole Church, but not as heretical ; for it runs not directly against revela- tion, or against truths defined by the Church. It is only the contrary of a propositio hcereticay that can be regarded as a dogma. But of all this Janus seems never to have heard. Secondly, it is an assumption theologically inad- missible, to make the views of the modern world the touchstone of Christian truths, and to substi- tute for the rule of faith, and of the ecclesiastical magisterium, " the common sentiment and moral 2 Denzinger Enchiridion, ed. iv. Praef. p. ix. 3 Denzinger loc. cit.p. 194. n. 555, Interrog. il. Making the Syllabus Dogmatic. 29 sense of civilized nations." Every one, Protestant as well as Catholic, knows full well how widely the modern views of the world have departed from the standard of Christianity, and how many anti-Chris- tian elements they take in.'^ Though these prin- ciples may contain much that is true and right, still it will be necessary to separate these elements from what is false and unjust, neither blindly to condemn everything modern, nor unrighteously to glorify it. But never can these principles in their totality be made the criterion and the touchstone of Christian truths ; but, on the contrary, it is by the Christian standard they must be measured and judged, so far at least as religion (and this is the highest object of concern to the believer) is at stake. Woe, indeed, to Christianity, if it must fashion itself according to the modern civihzed state ; if it is to be tested sometimes by the maxims of 1789, sometimes by those of 1793. A third false assumption is, that the Syllabus, solemnly accepted as it has been by the Episco- pate, contains the monstrosities which certain par- ties wish to find therein, and which have thrown many, who live in a state of intellectual dependence on the daily press, into the utmost anguish. Many of the Catholic laity, indeed, wished for a more detailed and practical explanation of that docu- ment, which they saw so often misunderstood and misinterpreted,^ more especially as but few persons * This is evinced by the complaints as to the hostile attitude of the world towards faith, by the unchristian desecration which the State is rapidly tending to, by a legislation that utterly ignores re- ligion, by the predominant materialistic tendency of the age, and so forth ; complaints which we hear at every comer, and indeed not only in sermons, but in treatises, in pamphlets, and in newspapers. ^ On the part of Protestants, like Guizot in his "Meditations sur I'etat actuel de la Religion" (Paris, 1866), this can be more easily understood. ;3o Making tJie Syllabus Dogmatic. gave themselves the trouble of recurring to the Apostolic Letters and Allocutions, from which its several propositions are taken. To interpret the latter by the former is, according to all the laws of interpretation, not only admissible, but impera- tive. The civilisation, the progress, with which the Pope cannot be reconciled and cannot ally himself (Syllab. n. 80 ; compare "J^-nus," p. 20), is (as is evi- dently borne out by the context of the Allocution of 1 8th March 1861 here cited), nought else but that reprehensible system which under the mask of civilisation and progress, assails and strives to root out the Church, as has been evinced in so shocking a way in Italy, and which is not the true, but the false civilisation, meriting rather the name of barbarism.^ Janus, indeed, is of a different opinion. But who has said, and who has proved, that it is the inten- tion of the Syllabus, " to exalt principles at first only applied to the condition and circumstances of a particular country into universal articles of faith !" and this without any regard to existing relations, and well-founded historical rights .-* Who has said or proved, that according to these propo- sitions, all established laws and constitutions must be changed, and all bishops be bound to labour for their overthrow (''Janus," p. 29). Right prin- ciples are, indeed, everywhere the same ; but prin- ciples and their practical realization are to be carefully discriminated. Here we meet with a fourth false assumption of Janus. For the Church must, from her dogmatic point of view, reject 011 principle many things, which in life she cannot and will not abolish ; and this on the ground that this seems the lesser evil. By her the « Bishop Ketteler, " Germany after the War of 1866 " (in Ger- man), p. 142. Maki7ig the Syllabus Dogmatic. 3 1 unity of faith in a purely Catholic country is esti- mated as a supreme blessing-/ and with perfect justice. But thence it only follows that this unity, where it exists, should be protected ; but by no means, that in those countries where, by the power of circumstances, it has succumbed, it should be re-established without any regard to the conse- quences thence ensuing, or to the rights of non- Catholics — a course of proceeding which the strictest theologians have never advocated.^ The Church changes not her maxims, as ladies of fashion change their dress, or modern scholars their views ; what she once held true, is still true for her to-day. The world may change, but she remains steadfast to her principles ; and to those principles the laws of universal morality pre- eminently belong. When Gregory XVI. issued the Encyclical of the 15th August 1832, scarcely a voice was lifted up against it ; but when Pius IX. more precisely inculcated the maxims of his predecessor, what a loud storm rose up against him ! And as to the so much detested co-active power, is it only since yesterday, since 1864, the Church has attributed it to herself.? Has she not from all times asserted it t ^ But the mode of application was and is different ; spiritual penalties were and are the ordinary ones, the temporal being much more rare. If among the temporal punishments mentioned by the Jesuit Schneemann, Janus (p. 10.) lays a '' Compare Bollinger, "The Church and Churches," p. 88, in Ger- man. Walter's Canon Law, §§ 56. xi. ed. in German. 8 Cf. Martin Beccan. Duell, de primat. reg. L. iii. c. 8. n, 14 de fide hsereticis servanda. L. ii. c. 10. Maldonat, '"n Matth. c. 13. ^ Viiü the Capuchin Jeremiah a Benettis Privileg. S. Petri Rom. Pontifici collatonim Vindicise. p. ii. torn. vi. Romse 1761, art. 6. p. 550. De potestate coactiva. Vu/e Wurzb. Kath. Wochen- schrift 1854, No. 49 and 50. 32 Making the Syllabus Dogmatic. stress upon whippings ; so he may rest assured that at the present day no bishop any longer in- flicts them, though he may beheve that formerly, not without justice, were such penalties adjudged by bishops and synods against offenders, and the same holds good of banishment,"" imprisonment, and pecuniary fines." The Church doth not 07i principle renounce rights which she has once ex- ercised, and whose exercise under certain circum- stances (and were it only in Africa), might in a relative manner become again necessary. Thence to infer the design of the Church to overthrow all institutions of State is in nowise admissible. A manifold fallacy is it, when (p. 13.) from the 23d proposition of the Syllabus in an affirmative form, to wit, " Popes have never exceeded the bounds of their power, or usurped rights of princes," the following inference is drawn : — *' Accordingly, all Catholics must for the future acknowledge, and all teachers of constitutional law (staat's-recht), {sic), and of theology, must main- tain, that the Popes can still depose kings at their will, and give away whole kingdoms and nations at their good pleasure. For the proposition taken in itself speaks of the past only, and not of the present or of the future ; and to render possible, on ^^ Aug. ep. 133, n. 2, ad Marcellin. tribun. 0pp. ii. 396. Venet. 1729. Tantorum scelerum confessionem . . . virgamm ver- beribus eniisti, qui modus coercitionis et a niagistris liberalium artium, et ab ipsis parentibus et ssepe etiam hi jiidiciis, solet ab episcopis adhiberi. Cyprian in vita S. Csesarii Arelat. Surius 27 Aug. t. iv. p. 927. Colon. Agrip. 1583. — S. Greg. M. L. 18 ep. 27. ad Januar. L. ix. ep. 65 ad eundem. L. xi. ep. 71 ad Anth. Opp. II. 707, 782, 1177, ed. Paris, 1706. Cassian. Instit. iv. 16. Pallad. Hist. Laus, c. 6. Cone. Agath., 506, c. 38, 41. Matiscon, i. 581, c. 8. Narbon, 589, c. 13. (Hefele Concil, ii. 638., iii. 33. 50, 5I-) ^^ Concil. Aurel iv. anno 541, c. 29. Tolet. xii. 681, c. il. (Hefele Cone. 11. 760. iii. 289.) Greg. M. L. xi. ep. 71. c. 23, et 63, c. 9, c. III. 9, 4, c. 3. c. ead. qu. 5. Making tJu Syllabus Dogmatic. 33 application to the latter, legal relations of a per- fectly like kind must be presupposed. Further, it must be proved, that the pontifical acts referred to were performed purely according to good plea- sure^ without any title in law ; whereas many legal titles might be cited, as, for example, from the feudal law, in reference to vassal kingdoms ; and, as must be clear to every unprejudiced person, the Popes, in the Middle Ages, could enforce, with full justice, many claims which are now no longer equally valid. On the other hand, the strictest theologians of the Ctiria^^ have contested the principle that Popes could depose kings according to their good pleasure; and besides, they by no means intended to justify every act of every Pope. In general, the kind and mode of reasoning pur- sued by our Janus, is, to use the mildest word, something more than astonishing. He brings be- fore us the Bishop of Mayence, as corrected by the Jesuits, (p. 19), and subjoins to this fact a pathetic declaration *' on the unworthy mental slavery the Roman Jesuit party threatens German * Catholics with ! " The state of the case is this : A proposi- tion, from a former writing by the celebrated pre- late, ^^was, in a Viennese publication, prefaced, and, indeed, composed (?) by Father Schrader, desig- nated as one that since the EncycHcal could not bear repetition ; ^^ whereupon followed a more ac- '2 Bianchi, Delia Potesti et della poUzia della Chiesa. Roma 1745. t. I. L. I. § 8. n. I ; p. 78. § 5. n. l seq. ; p. 40. seq. : § 14. p. 116 seq.; § 15, p. 122 seq.; § 21. n. 5. p. 187, seq.; L. II. § II, p. 322. 1^ Freiheit, Autorität, und Kirche. Mainz, 1S62, p- 155, [Freedom, Authority, and Church.] ^^ Der Papst und die modernen Ideen. Wien, 1865. 11 Heft, p. 33. [The Pope and Modem Ideas.] * Dr Hergenröther, in the quotation, writes " German Catholics-" The English translator of "Janus " hzs foreign Catholics (Tr.) C 34 Makmg the Syllabus Dogmatic. curate explanation on the part of the episcopal author.'^ That passage of the bishop's ran as fol- lows : " There is no established maxim of the Church, that should prevent a Catholic from hold- ing " that, tmder certain given relations,^^ the civil power would do best to grant full religious free- dom, with the limitation that the personality of God should not be denied, nor morality endan- gered." So runs the passage in question. But something very different is given by Janus. He makes the bishop insist, '* that the Church so thoroughly respects freedom of conscience as to repudiate all outward coercion of those beyond her pale as immoral and utterly unlawful ; that nothing is further from her mind than to employ any phy- sical force against those who, as being baptized, are her members ; that she must leave it entirely to their own freest determination whether they will accept her faith ; and that it is absurd for Protestants to suppose they have any need to fear a forcible conversion, &c., &c." (p. i8). These are not the propositions on which the bishop " has been instructed by the Syllabus, and its commen- tator, Schrader," and which he subsequently ex- plained. How came Janus to refer to propositions utterly different t Was it an illusion t or was it a falsification } We will not determine. What the authors say as to the condemnation of the Treaty of Westphalia by Innocent X., and as to the declaration of Pius VI. about its non-ratifi- cation (p. 31), without any regard to the remarks long since made thereupon by theologians and canonists,^' has already received in a Catholic ^^ Deutschland vor und nach dem Krieg von. 1866. Mainz, 1867, p. 134, seq. [Germany Before and After the War of 1866.] ^^ These words ought to have merited a more accurate apprecia- tion on the part of the critic- -■^ Dr Döllinger, in the work already cited (p. 49 and seq.)^ speaks as Making the Syllables Dogmatic. ö:i periodical'^ the merited correction. The same journal has done equal justice to the account of the proceedings of Pope Innocent III. in regard to the Magna Charta of England, " the pretended noble mother of European Constitutions ; " pro- ceedings which are denounced by Janus without the slightest indication of the special legal relations of the time (p. 23). To show the ideas of Pope Pius IX. respecting the penal power of the Church, 'the condemnation of the writings of the Turin professor, J. N. Nuytz, which but advocate doctrines long ago censured, is alleged ; and two other special documents are ad- duced in proof (p. 11). Here we read: "In the Concordat made in 1863 with the Republics of South America, it is laid down in Article 8, that the civil authorities are ^to/z//^^ bound to execute every penalty decreed by the spiritual courts." Now as there are different South American Repub- lics, so there are different Concordats with these. We know that of Bolivia, in twenty-nine articles, dated 29th May 185 1 ; that of Guatemala and Costa Rica, 7th October 1852 ; that of Nicaragua, 2d November 1861 ; and that of San Salvador, 22d April 1862, both published only in 1863. '9 One of follows : — " The Pope, indeed, did not protest, because he desired not the establishment of a just peace between Protestants and Catholics, the whole subsequent history has proved the contrary ; but because it was expedient, and, indeed, an imperious duty for him, to enter a protest against a profoundly immoral and unchris- tian principle, which, in respect to religious stipulations, was at the bottom of that whole Treaty of Peace — I mean the territorial sys- tem, on the principle, ' Citjiis regio, ejus est religio, ' ' whoso is master of the territory is master of the religion.' " — Compare Phillips's Canon Law, ill. § 141, p. 465-477; Walter's Canon Law, § 113. ^* The Historish-politische Blätter of Munich. Vol. Ixiv. No. 4, p. 320, seq, ^^ Acta Pii IX., vol. i. p. 452, seq. ; 509, seq. ; Prof. Sentis, in the Archives for Catholic Canon Law, t. xii. p. 225, seq. (Ger- man.) 36 Making the Syllabus Dogmatic. the later Concordats seems to have been intended. But of the stipulation just cited not a trace is to be found. The eighth article treats of the Presi- dent's Indult in the nomination of bishops ; it is only in articles 13-16 there is any question of jurisdiction,^" which in matters spiritual belongs to the Church, which in the civil affairs of ecclesias- tics is abandoned to the secular judge, as also in criminal cases, in which they may be involved, provided he be in the second and third instance as- sisted by two ecclesiastical judges ; while to bishops is adjudged the exercise of the full penal power against clerics who have forgotten their duty. The Convention of Guatemala subjoins in its hi- teenth article a clause, that in case of any disputes between ecclesiastics, an episcopal certificate, at- testing the previous attempts of the ordinary^ to bring about a reconciliation between the parties, must be produced before the secular functionary should be allowed to try the suit. Janus seems not to have understood the text, or at least to have had before him some inaccurate accounts of it. 2. '' In a letter of Pius IX.," says Janus, "addressed to Count Duval de Beaulieu, published in the Allgemeine Zeitung of November 13, 1864, the power of the Church (it should be said, of the Roman Ctiria) over the government of civil society, and its jurisdiction in temporal matters, is expressly guarded " (p. 12). The passage of the letter in question, communi- cated only in the way of extracts by \\iQ Allgemeine Zeittmg, and which the Secretary of the Latin correspondence by desire of the Pope addressed to the above-named count on the 22d October 1864, on occasion of his writing, entitled '' The Freedom of Error in the Free State," runs, according to the 20 Sentis, loc. cit., p. 237., seq. Älakiftg the Sy Habits Dogjuatic. 37 text of the Augsburg Journal, as follows : " Many who admit the duty of submission to all decisions of the Church in matters of faith and morals, wish to withdraw from her competence the government of civil society, and rest herein 011 their ozun judg- ment, as if civil government also were not subject to the laws of justice arid of truth, and as if the best polity of nations were 7iot also traced out in Holy Writ, whose interpretation belongs to the Church." Now, it is one thing to say, the civil power must conform to the laws of truth and of justice an- nounced by the Church ; for this is involved in the very nature of the Christian State, such as it should be;'"'' but quite another thing to assert the Church has a direct jurisdiction in affairs of State. In their context, the words do not say what Janus makes them say. They reserve to the Church the competence of judgment and of de- cision, but not the competence of " direct juris- diction." Never has the Church recognized the principle, that there are other laws of morality for the collective body, for the State, and others for the individual. ' Accordingly she requires of those clothed with political power, that they should conform to those laws, and, indeed, such as she proclaims them. Were she to abandon this postulate, she would then renounce her very mis- sion. He, indeed, who is possessed with the idea that the Church or the *' Curia',' particularly since the Encyclical and the Syllabus of 1864, aims at nothing less than the annihilation of the modern State, and the restoration of the mediaeval supre- 21 Aug. Ep. 48 ad Vincent : " Serviant reges terrce Christo, etiam leges ferendo pro Christo." Cf. c. lit. Tetil. ii, 92 ; Ep. 185., al. 50, ad Bonifac. Greg. M. L. 11, Ep. ii ad MauriU. Imp. Leo M. Ep. 125, al. 75 ad Leon Aug. Bossuet sermon sur I'unite de I'Eglise, oeuvres compl. iv. 306. 38 Making the Syllabus Dogmatic. macy of the hierarchy over it;^^ he, indeed, will strive to interpret everything in a sense corre- sponding to this his view. On such feeble props is founded what, im- mediately after these so-called documents, Janus affirms as follows : — " // follows that they are greatly mistaken who suppose that the Biblical and old Christian spirit has prevailed in the Church over the mediaeval notion of her being an institution with coercive power to imprison, hang, and burn. On the contrary, these doctrines are to receive fresh sanction from a General Council ; and that pet theory of the Popes, that they could force kings and magistrates, by excommunication and its consequences, to carry out their sentences of confiscation, imprisonment, and death, is now to become an infallible dogma ! It follows that not only is the old institution of the Inquisition justi- fied, but it is recommended as an urgent necessity in view of the unbelief of the present age" (p. 12). But with other documents, also, Janus is not a whit more successful. As before in the third article, so now at p. 31, he refers to an instruction sent by Pope Pius VII. to his nuncio at Vienna in the year 1805, without dreaming that the genuineness of this document is more than disputable.^^ With more success, Janus rests on another public act, which is to serve as a proof " that even the Bavarian constitution, too, with its equality of religious confessions and of all citizens before the law, is looked on with an evil eye at Rome" (p. 27). The document in question ^'^ comprises the -^ Frohschammer, loc. cit., p. vi. -^ Gosselin Pouvoir du Pape, au moyen age. Louvain, 1845 ; "' 452-455. F. Walter's Canon Law, § 343. Note 9, p. 739, xiii., ed. 2^ Fogli dottrinali (which were sent with the Papal Brief of the Making the Syllables Dogmatic. 39 complaints of the Holy Sec as to the religious edict of Bavaria, and its antagonism to the con- cordat of 1 8 1 7 — complaints which, for the most part, long before these Papal acts were known, had been uttered in the country by Catholic ecclesiastics. No protest is made against the first section of the Religious Edict, which secures to all the inhabi- tants of the country perfect freedom of conscience ; nor against the second section, which forbids coer- cion in matters of faith. But a protest is made against the fourteenth section, touching the division according to sexes of the children of mixed mar- riages ; against the regulations as to the religion of foundlings in the twenty-second section ; in general, against looking on religion as a matter of absolute indifference ; against the eighteenth section, on the different cases arising from a change of religion on the part of parents ; against the prohibition of embracing another religion, before the legal age of majority has been attained, as laid down in the sixth section. Further, complaint is made as to the complete parity of religions, but not as to the equality of the followers of those religions ; the complaint turns on the spirit of in- differentism which pervades the whole law. On the eightieth section, which runs as follows, " The religious communities existing in the State owe equal respect to each other," we must observe, that the question regards not the members of religious communities, but the communities themselves ; or, in other words, the very principles which they profess. To prescribe a7i equal respect for another religious community (not, observe, for the persons oi its members), is to require that the doctrines of the 13th January 1819 from Rome to Munich), in the work entitled •' The Concordat and the Constitutional Oath of Catholics in Bavaria." Augsburg. 1847. Pp. 244-249. 40 Making the Syllabus Dogmatic. true Church should be placed on the same level with the opinions of the other religious bodies. This interpretation, Rome, from her point of view, must needs make ; but we here see the great dis- tinction between principles and perso?is, which our opponents totally ignore. The other part of this document regards the contradiction between the second appendix of the Constitution and the Concordat in its articles I, 17, 9-12, as well as the fifty-eighth section of the first respecting the Placet. From the Bavarian Constitution Janus passes (p. 28) to that of Austria, as well as to the Papal Allocution, "Nunquam certe," of the 22d June 1868, on the violation of the Concordat, and on the laws issued against it. He has, however, forgotten to answer the question, why the Pope has not con- demned the diploma of 20th October i860, which secured to Protestants equality, and the patent of the 8th April 1861, which carried out the same more fully and precisely. He has entirely over- looked the way in which the convention of 1855 has been undermined, the interests of the Catholic majority sacrificed to a noisy minority, and mar- riage and education for the most part withdrawn from the jurisdiction of the Church. Pie wishes only to prove " the deep hatred which lies at the bottom of the soul of every genuine Ultramontane, of free institutions, and the whole constitutional system" (p. 22). Hence he distinguishes not between Con- stitutions, considered in themselves, and Constitu- tions which are formed with the express object of ministering to the ecclesiastical and the political Revolution, nor between particular enactments of the same Constitution.^^ 2^ That the constitutionalism which from Piedmont has been pro- pagated throughout Italy, had such objects in view, has long been Makuig the Syllables Dogmatic. 41 The whole reasoning in this section labours under an incredible confusion of ideas. This is manifest, for example, in theassertionthat the doctrineof the mere le""al oriijin of ecclesiastical immunities, condemned in the thirtieth thesis of the Syllabus, is, with the sanction of the Council, to be made Jicrcsy{^. 17 in the original). Here, again, we have the first of those false suppositions noted above, and next we see how the doctrine of theologians and canonists re- specting ecclesiastical immunities, and their differ- ent classes, has not been in the least attended to. The natural, internal foundation of the same is con- founded with their outward, concrete formation and development.^^ This confusion of ideas is further manifest when, in reference to the thirty-eighth pro position of the Syllabus, it is said, " Those also will become guilty of heresy, who write or teach that the extravagant pretensions of the Popes contri- buted to the separation of the Eastern and Western Churches, though this may be discovered in official documents from the twelfth to the sixteenth cen- tury, and in the avowals of a number of contempo- rary authorities."^^ That proposition may well be characterized as false and temerarious, but by no means as heretical. Besides, already in the eleventh century, the names of the Popes had been struck admitted. Pius IX. had had experiences enough with the consti- tution of 1848, as all the world but too well knows. Hence, when the Papal Government, shortly after its restoration in 1850, pro- nounced itself against the constitution in Tuscany (as alleged by our author at p. 26), this is much less astonishing than the infer- ences deduced therefrom by Janus. 26 Compare on this subject the theological opinion of Professors Schmid and Thalhofer, in Munich, as well as that of the Theologi- cal Faculty of Würzburg, in reply to the third question proposed by the Bavarian Government. 27 The Syllabus condemns proposition 38, " Division! Ecclesioe in orientalem atque occidentalem Romanorum Pontificum arbitria con- tulerunt." 42 Making the Syllabus Dogmatic. out of the dyptichs of the Greek Church, which was the surest sign and the clearest expression of a schism that had been already consummated — a schism which far other motive agents had brought about.^^ Against this fact, later avowals could not avail. The Papal pretensions might contribute to the spread, but not to the rise, of the schism ; and if the Latins repeated what the Greeks alleged, these testimonies in themselves have no decisive weight, more especially as others can be opposed to them. The strongest achievement of Janus, however, is the insinuation that, on a favourable opportunity, the bishops and clergy will deny the obligatory force of any constitutional oath they may take. But all theologians and laymen know that the Pope can do nothing against the divine law ; that he cannot dispense from the observance of the fourth commandment ; that all Papal laws, even if they must be regarded as irreformable, still do not cease to be human. In no wise " are falsehood, treachery, and dissimulation cherished, fostered, and propa- gated from one generation to the other" (p. 17). The maxims of the Church were not, and are not any mystery, and neither were nor are opposed to the observance of sworn constitutions, though not eveiy nciv constitution which the dominant Liber- alism may think fit to impose, can be sworn to without hesitation by Catholic bishops, priests, 2^ I have elsewhere* expressed myself more precisely ont his mat- ter. Pichler's History of the ecclesiastical schism has not furnished the proof given in the text, and, moreover, contains a series of his- torical blunders, whereof a portion the author himself, in his second volume, saw himself called on to correct, though many others may still be pointed out. The statement referred to in the text, Catholic: theologians have long ere this refuted. I may refer, for example, to " Bennetti's Vindic," par. ii, t. iii., p. 720, seq. * In the author's life and writings of the Patriarch Photius (Tr.) Making the Syllabus Dogmatic, 43 or even laymen. This was already known to all the world. In Bavaria, for example, from the year 181 8 to 1821, grave negotiations were carried on respecting the Constitutional Oath ; ^^ and these negotiations were later renewed. But there was ever found a possible way for setting aside serious con- flicts. It is only where false suppositions without number, as in the pages of "Janus," are allowed to prevail, mistrust will be found invincible. To such hypotheses belong the following, to wit — that the Episcopate and the clergy are only watching for the opportunity to get rid of their oaths — that the Pope can abrogate the Divine law — that the duty of submission to him begins only with the defi- nition of his infallibility — that the doctrines of the Syllabus are those of the Jesuits, and of their patrons only — that the former, like the latter, are bent on the annihilation of the civil power, where they are unable to subjugate it. According to the representation here laid before us, " Church and State are like two parallel streams, one flowing north, the other south. The modern civil constitutions, and the efforts for civil government, and the limitation of arbitrary royal power, are in the strongest contradiction to Ultramontanism, the very kernel and ruling prin- ciple of which is the consolidation of absolutism in the Church. But State and Church are intimately connected ; they act and react on one another ; and it is inevitable that the political views and ten- dencies of a nation should sooner or later influence it in Church matters also" (p. 21). Here we might enforce various considerations, and especially remind our readers that, as ex- perience shows, this very ** Ultramontanism " has 29 Vide the already cited work, "The Concordat and the Con- stitutional Oath," p. no, seq. (in German). 44 Making the Syllabus Dogmalic. existed, and still exists, under all forms of civil polity — that religious and political matters are to be kept perfectly distinct — that an absolutism exhibiting a primitive legal title in the religious and moral sphere, showing an authority conferred by God, is far more easily borne than any other, and is very compatible with struggles for freedom in other matters ; further, " that Church and State, in modern cojistitntions, are no longer so intimately connected ; " rather, the separation of Church and State has been already introduced, and the dangers of national decomposition have increased, and con- sequently in the interest of the Church, the centre of religious unity must be more jealously guarded. But we would rather ask, How comes it that, in the Middle Ages, in the flourishing period of the Papal power, popular liberties were far greater than in the period of its decline, contemporaneous as that decline was with the revival of regal despotism ? ^° How comes it that, in the primitive cantons of Catholic Switzerland, the Papal " absolutism " found its truest adherents, who were not less decided republicans than the inhabitants of North America are at the present day ? ^^ How comes it that the present '' efforts for the limit- ^" With regard to Germany, to Scandinavia, to the Netherlands, to Scotland and England, see the evidence in Bollinger's " Church and Churches," p. 96, seq. ; p. 153, seq. (German ed.) With regard to Southern Europe, see Balmez's " Catholicism and Protestantism Compared," part iii., especially c. 48 and 52. ^^ Janus (p. 26) appeals to the oral expressions of an American bishop as to the situation of Catholics in the United vStates. By Protesfants it is objected to them, " that they find their principles in Papal pronouncements (the same reproach is addressed to Ultra- montanes among ourselves also), and cannot thet-efore honestly accept the common liberties and obligations of a free state, but always cherish an arriere-pensee that, if ever they become strong enough, they will upset the constitution." The same has been said Making the Syllabus Dogmatic. 45 ation of arbitrary royal power" arc far from exhibiting the moral and political results which so many modern coryphaei of Liberalism fore- told ; that in many strata of society they are regarded with mistrust, as favouring only one class — the bourgeoisie and the capitalists ; that minorities not a few, and entitled to the highest respect, complain of oppression by fraud, violence, and forgery, and look on equality before the law, and on the parity of political rights and duties, as merely illusive, and resting only on paper ? How comes it, that we must hold the condition of modern states to be so perfect, and the existing relations of the Church to be so reprehensible ? How comes it, that at the present day the Catholic people, which surely has its instincts, and more than instincts, is in Germany, France, and other countries, a far more solid support of the Papal throne than its several governments ? The section inscribed with the title of this chapter (pp.8-36),I,apoorignorant man, have repeatedly and attentively perused, and have afterwards asked my- self the question, What have I thence learned? First, I meet with the ingenious remark, " The bishops assembled at the Council have nothing to do, but to set the conciliar seal on a work which the Jesuit Schrader, with right foresight, has already prepared to their hand" (p. 9). Oh, too happy bishops ! They can give festive entertainments and ban- quets, give themselves up to the enjoyments of art, parade in the pubhc processions with mitre and cope, indulge in the siesta; for the long-sighted Jesuit father has provided for everything else, and by Protestants in Holland, England, Germany, and the rest. The North Americans can give very tranquillizing assurances {videT)6\- linger, loc. cit. p. 46-48), and by deeds overcome distrust. 46 Making the Syllables Dogmatic. to set the conciliar seal is no arduous labour ! At most one has but to answer, " Placet," and all is settled. Less clever folks take not such high flights, have far other notions as well of bishops as of the work appointed for them at Rome, and have, besides, been favoured with other experiences, which they are not in the enviable condition to trumpet forth vaingloriously before the world. But why speak we of bishops, who have nothing to say in this matter ? Nay, all the world knows beforehand the decrees of the Council. " He (the theologian Schrader of the Jesuit order) ,has already turned the negative statements of the Syllabus into affirmatives, and so we iioiv can (naturally without waiting for the Council itself), and zuithoiit any trouble^ anticipate its decisions on this subject" (p. 9). Yet the matter appears to us not so easy. For independently of the fact, that in a private labour, the criticism, as well as the use of materials, is open to every one ; independently of the fact, that for an appreciation of the Syllabus, a complete theological knowledge of that document is first of all necessary, and this, as can be shown, is not everywhere found ; yet, in case the impending CEcumenical Synod should enter on a detailed examination of its contents, an explanation of it in the form of the doctrinal chapters of Trent, in opposition to the prevalent confusion of ideas, and " to the lofty licence of free spirits," would be, as many a zealous reader of "Janus" may have perceived, no such light task. Janus, indeed, following the celebrated declaration of the three celebrated weeks, calculates with mathematical precision the day (it is exactly the festival of St Thomas ä Becket, the defender of ecclesiastical freedom in England), when in the year of grace 1 869, which has never realised the fears of war long entertained, the " Roman CathoHc Making the Syllabus Dogmatic. 47 world " will be the richer by five whole truths, that under pain of salvation it will have to believe. Horace's " Credat Juda^us Apclla, non ego," oc- curred to me,^"" and the investigation of Janus's documents, instituted before an inquiry into his proofs, tended to augment my unbelief. Still ac- customed " to prove all things, and to hold fast that which is good" (2 Thess. v. 21), I determined, in an hour usually devoted to recreation, to form a lively representation of these five truths. They are as follows : — " First, The Church has the right of employing external coercion ; she has direct and indirect temporal power." ^^ This proposition would be at least in no wise absolutely new ; it rests, as Janus knows, on mediaeval views. But it appears, according to him, to favour the tribunal of the Inquisition ; and in this connexion the two recent canonizations and beatifications of inquisitors, fol- lowing in rapid succession, gain a new and remark- able significance" (p. 13). Secondly, The proposition as to the right of the Popes of deposing kings at will, and of giving away kingdoms and nations at their good pleasure, we have already discussed above. It is a doctrine ab- solutely new, unknown even to the Middle Age. Examples from the kingdom of Naples, of which the Pope was lord paramount, and wherein he could exercise his feudal rights^'* (whether his re- 32 Satin, lib. I, n. 5, v. loo-i. 33 He who strictly follows the laws of grammar and of logic will not, •' in reference to the contrary of the words ' neque potestatem tillafJi temporalem directam vel indirectam,'" will not, I say, be quite clear whether, in the second number of the work entitled "The Pope and Modern Ideas" (p. 64), the contrary has been stated with indisputable accuracy. The opposition to 7{lla might still be a different one. 3* About the Papal rights of feudal suzerainty Janus cares little. Thus (p. 387) in reference to Pope Clement XL it is briefly stated, that Rome claimed rights of suzerainty over Parma and Piacenza ; 48 Making the Syllabus Dogmatic. course to his ecclesiastical prerogatives were herein justifiable or no), will not avail to support the general proposition in the form as conceived by Janus. We maintain that *'an article of faith such as this, that the Pope can, at his caprice, and for purely political or pecuniary ends, deprive millions of innocent men of what, according to the teaching of the Church, are the necessary means of salva- tion"^^ (p. 15) such a doctrine, we say, will never be defined, either by a Pope or by a Council. Thirdly, What, in the next place, appears, gives us no theological proposition, still less the embryo of a dogma. The question is only as to the cor- rections to be made in current works of history, and as to the necessity existing for all Catholic authors, who are preparing books on history or law, to publish their researches before the 30th December 1869 (p. 16) ; " for afterwards they will have the savour of heresy." Our prophet, nevertheless, announces something else, which has at least one good side. ** There will at least," he says, '' be required for literary and academical work, a flexibility and elastic ver- satility of spirit and pen hitherto confined to jour- nalism" (p. 16). It would be of service to many a and that still later, in 1768, Clement XIII. 07ice again invaded the sovereign rights of the Duke of Parma by excommunication. But the Pope's rights of suzerainty over Parma were very well founded. — Compare, for example, A. Theiner's " Histoire du Pontificat de Clement XIV.," vol, i., pp. 114, 115. "Delia Storia del Dominic Temporale della sede Apostolica nel ducato di Parma. Libri tre. Roma, 1720, [" History of the Temporal Dominion of the Apos- tolic vSee in the Duchy of Parma," in three books.] ^ The interdict, to which reference is here made, by no means deprives men of the means of salvation, nor of the exercises of re- ligion required for eternal happiness. Baptism and penance especially are not interdicted ; and it is rather a limitation in the use, than a total withdrawal of religious rites which is here ordained. — Compare Walter's "Canon Law," § 191; Phillips' ''Manual of Canon Law," § 196, p. 566, seq. Making the Syllabus Dogmatic, 49 scholar, if he would throw off some of his pedantry; if he would, for instance, take for his model the five Articles on the Council, that appeared in the All- getncine Zcitungy and " which form an era ; " if he would imitate, at least as regards polish of style, the versatility with which, according to the expres- sion of others, many enlightened folks know how to clothe their servility, and contrive to change their views. One condition only is requisite ; — that versatility should never lead to the disfigure- ment and the falsification of the truth. Lastly, follow the fourth and the fifth pretended new dogmas, religious coercion (p. 18), the con- demnation of freedom of conscience,^^ and finally the condemnation of modern civilisation, and espe- cially of constitutionalism (p. 21, seq) We have found here nothing more than what is to be read in newspapers ; — nothing which, in addition to what we have already said, is really worth the trouble of refutation. We have found the whole effusion only calculated to recruit power- ful allies against the pretended pernicious theory of Papal Infallibility, which Janus has above all things in view. '^ Vide the Introduction (apparently the work of an able theo- logian), to the edition of the Encyclical, brought out by M. Bachern of Cologne in 1865, especially p. xxviii., seq.; xxxii., seq. CHAPTER IV. THE DOCTRINE OF PAPAL INFALLIBILITY. [HEN theological opinions, held by cele- brated teachers, are combated, though ever so warmly, with serious argum.ents and becoming respect, this is in itself not to be condemned, nor even disapproved of. But bitter invectives and gross misrepresentations, which can lay no claim to scientific controversy, are worthy of the severest censure. In the dispute on the inerrancy of Papal Pro- nouncements ex cathedra, we meet with a doctrine which, according to the avowal of its adversaries, prevailed in the whole Middle Age^ — which Pope Benedict XIV. declared,^ was received in every country except France — which even in thatcountry^ 1 Pichler, Ecclesiastical Schism between East and West (in Ger- man), vol, i. p. 252, 253, 255, vol. ii. p. 690. Compare Klee's "History of Dogmas," Dogmen-Geschichte, vol. i. p. 92-97, Mayence, 1837. [The celebrated Klee told me himself, he firmly believed in Papal Infallibility. — Tr.] 2 Ep. ad. Inquis. Hispan. Anno 1748. Op. xv. p. 117, ed. Venet. ' For example, Duval, De suprem. Rom. Pontificis auctoritate. Paris, 1614. M. Maucler de Monarchiä divinä. Paris, 1622. [More eminent French theologians than Duval and Maucler de- fended the doctrine of Papal Infallibility in the seventeenth cen- tury. For example, at the commencement of that age, it was advocated by Cardinal Du Perron, in its middle by Cardinal Richelieu (who required Richer to subscribe a formulary of be- The Doctrine of Papal Infallibility. 5 i itself, was never without defenders, and which is at the present day advocated by distinguished canon- ists and theologians, as well as by eminent pre- lates/ Dieringer says of himself, " I belong, as is well known, to that class of theologians who deem the grounds for belief in Papal Infallibility to be pre- ponderant, nay, nearly decisive.^ Klee character- ised the opinion of the personal infallibility of the Pope, as one in the highest degree worthy of re- spect."^ And Pichler, who certainly can by no means be suspected of any undue flattery towards Rome, subjoins, " that this qualification in respect to the defenders of this opinion, must certainly be admitted even by all those who do not them- selves share it." ^ By all, indeed, except by Janus, who has not words and phrases strong enough to stigmatise the doctrine, who represents its ad- herents as miserable flatterers, and foreseeing and announcing their ascendancy in the coming CEcu- menical Council, has designated the latter a synod of flatterers, and a counterpart to the Latrocinium of Ephesus. Yet more : he disfigures this doctrine, draws of lief, not only in the siipremac\% biit in the infallibility of the Pope ex cathedra ; and at the close of the century, the doctrine was taught by the great Fenelon. — Tr.] * Here we need only name the French canonist Bouix, as well as the Abbe Christophe (author of the " Histoiy of the Papacy in the Fourteenth Century "), and who has published a work, " Le Concile et la Situation Actuelle " Lyons, 1869. p. 19, seq. And, again, the German canonists Phillips and Beidtel, the Bishops of Mayence and of St Polten, and the Archbishops of Westminster and of Malines, who surely merit all respect. 5 The Theologico-Literary Journal (Theol. Literatur-blatt), of Bonn, p. 138, 1866, 6 Klee, Dogmatik, t. i. p. 245, 2d ed. 7 Pichler, " History of the Ecclesiastical Schism between East and West," vol. ii. p. 746. 5 2 The Doctrine of Papal Infallibility, it a hideous caricature, and makes it a real bugbear for the cultivated laity, for scholars, and for states- men. The fundamental idea had been already expressed in the Gazette of AiLgsburg. "To de- clare the Pope infallible," it was there said, '' is to announce the destruction of the world ; and if the Pope were himself to make the declaration, he would thereby pronounce himself the incarnate Antichrist/' ^ The destruction of the world ! Antichrist ! The death of all civilisation ! The boundless power of the Pope ! The ruin to science and to the State, in consequence of the " dogmatic creative power !" and "The inspiration" attributed to the Pope! One, indeed, would have thought, that in case Papal Infallibility were to be defined, it could never be represented as anything abso- lutely new, anything that had suddenly fallen down from the skies, but only as a thing consequent on the doctrine of eminent theologians of preced- ing times. To these, therefore, one should have recourse, in order to learn the bearing, the purport, and the limitations set to this opinion. But before all, the violence of prejudice left no time for such inquiries ; and moreover, a monster must be ex- hibited in order to scare the multitude. The defenders of the doctrine in question are far from such a monstrous conception. They distinguish,^ namely, in the first place, between infallibility as the product of mere assistance,^^ and inspiration; while our opponent identifies ^ Allgemeine Zeitung, 15th June 1868, in the essay on Froh- schammer's work entitled, ** Christianity and the Modern Natural Sciences," Vienna, 1868. ^ Dechamps, Archbishop of Malines, L'Infaillibilite et le Concile General, Paris, c. 3. Schneemann, on the Teaching Power of the Church. Freib. 1868, p. 41, § 29, p. 200, § 331. ^*' Denzinger, (Four Books on Religious Knowledge, vol. ii. p. 152, 153 (in German). The Doctrine of Papal Infallibility. 53 both, nay, speaks of "the power of dogmatic crcativcness" as ascribed to the Pope (p. 46). Secondly, they by no means make the Pope the sole and exclusive organ of divine truth (p. 64), but attribute infalHbility to the entire body of the episcopate also." Thirdly, they assign limits to the infallibility of the Church, and thus to that of the Pope also ; — limits which are found in their very object, the dcpositinn rcvela- tionis ;^^ while Janus represents this power as ut- terly unbounded, as extending to all dc[)artmcnts of life and of science (p. 40). F'ourthly, this inerrancy they by no means attribute, as our author every- where supposes, to all Papal manifestoes without distinction.'^ Not every Papal expression, still less action, can be taken to be a dcfinitio ex cathedra. Mere mandates of the Pope for special cases, and for particular persons ; judgments on individuals resting on the testimony of third per- sons, and in general on human evidence ; declara- tions and answers to the inquiries of individuals ; private expressions in learned works, and in con- fidential letters — even mere disciplinary decrees — belong not to this category ; and hence it follows, that most of the cases enumerated by our adver- sary are quite irrelevant. The infallibilists (to make use of a word much employed by Janus), are as little obliged as the fallibilists (if for the sake of brevity, as well as of contrast, I may be allowed so to de- signate the opposite party), — the infallibilists, I say, are as little obliged to give up the position of Melchior Canus : " qui summi Pontificis ouini de '^ Schneemann, loc. cit., P. no, scq. ^2 Reinerding, Theol. Fundament., Tract i., P. ii, ^ i, 5, n. 389, scq. ; n. 492, seq. Schneemann, loc. cit., ]i. 52, stq. Dcchamps, loc. cit., c. 4. Ketteler, The General Council, Mayence, 1869, p. 78, seq. ^3 Reinerding's loc. cit., Tract ii., P. u, § 3, a. 3, n. 455, scq. Dechamps, c. 11, Schneemann, p. 157, .y^y. 5 4 The Doctrine of Papa I Inf a llibility. re qiLalccnnqite Judicium temere ac sine delectu de- fendunt, hos sedis Apostolicae auctoritatem labefac- tare, non fovere, evertere, non firmare." "'^ They can reprehend real abuses with as much frankness as Janus himself; but they will still reserve to them- selves the right of protesting against a mode of con- troversy (such as, with an utter misrepresentation of the doctrine combated, is carried on in this book), as one most frivolous and most unworthy. It is only later on, quite at the close of his work, after he had brought into the field whole squadrons of auxiliaries raked together from all quarters, Janus, in some measure, bethinks him of the neces- sity of more nearly inspecting his foe, of examining more closely into the doctrine of the infallibilists. This delay is fortunate for his readers, who might otherwise perhaps have lost some of the preceding valuable pages. He observes : "• The distinction between a judgment pronounced ex eathedrä, and a merely occasional and casual utterance, is, indeed, a perfectly reasonable one, not only in the case of the Pope, but of any bishop or professor. In other words, every one whose office it is to teach can and will at times speak off-hand and loosely on dogmatic and ethical questions ; whereas in his capacity of a public and official teacher, he pronounces deliber- ately, and with serious regard to the consequences of his teaching. No reasonable man will pretend that the remarks made by a Pope in conversation ^^ are definitions of faith. But beyond this nothing more is conceded ; for the mere fact that the Pope has given a public written declaration, consti- tutes it an ex cathedra pronouncement ; " and the 1" De loc. Theol. v., 5 ad 4. Cf. Bianchi Op. cit. 1. i., § 21, n. i, p. 183. ^^ Such, for example, as the expressions of Pope Innocent X., cited by Janus (p. 414), from the works of Arnauld. The Doctrine of Papal Infallibility, 55 expression, privatiis docto7\ when used of a Pope, is like talking of wooden iron" (p. 404-5). Against this view, the infaUibilists will certainly protest. They will show that a Pope can very well be con- ceived to be a private teacher, when he expresses in a private way, though even by writing, his opin- ion ; as he is certainly a public teacher, when he proclaims in the face of the whole world any doc- trine ; '^ and again, that a Pope, in the composition of scientific works, may very well be classed with ordinary writers. Benedict XIV. as Pope com- pleted his work, '' De Synodo Dioecesana," which he had previously commenced. Herein he expressly adhered to the words of Melchior Canus, as well as to the example of his predecessor Innocent IV., who, in like manner, after his elevation to the Pontifical throne, composed his Commentary on the Decretals (p. 161) ; and as he had put forth his views only as a private scholar, he abandoned these to the full liberty of discussion.'^ Against further objections, the infaUibilists will argue, that the divergence of theologians on minor points does not do away with their consent on the chief matter ; and that in all essential things the most eminent divines are in perfect ac- cord.'^ If the theological conceptions of the last i^Bennettis' Privileg. S. Petri vindic, P. ii, t. v., Romx, 1759. App. p . 402. Bifariam in Pontifice distingui oportere personam vice plus simplici admonui, qua nempe doctoris publici aliquando personam gerit, quamque turn gerere reputandus est quum Ecclesia universiz edicit, qua doctoris aliquando privati dumtaxat personam induit, quum ad particulares quorumdam expostulationes respondet, sive privatas quasdam suas opiniones depromit. In the latter case, quando agitur de factis mere personalibus, sive de factis ad forum contentiosum pertinentibus, sive de factis pure criminalibus, tum falli et fallere Pontificem po3se, nihilque non humani pati non infi- ciamur. I'' Benedict XIV,, Praef. in op. de Syn. Dioec. fin. ^^ Vide the Augsburg Pastoral Journal of 9th October 1869. No. 41, seq., p. 323, seq. 5 6 The Doctrine of Papal Infallibility. three centuries have become more precise than those of the earlier schoolmen, this has arisen from the opposition the doctrine in question has experienced ; but even among the schoolmen, equivalent definitions were not wanting.'^ The distinction between official or ex cathedra infalli- bihty, and the possibility of a personal denial of the faith, Janus himself believes to have found, with some degree of probability at least, even earlier ; namely, among the Gregorians of the eleventh century. (P. 115.) If some theologians re- quire that the Pope, before pronouncing his deci- sion, should inform himself well on the matter, should carefully examine the subject in all its bearings, should consult his cardinals and theo- logians, further, should invoke the Holy Spirit, and institute prayers ; — so other divines are only in so far opposed to these conditions, as they herein re- cognise no tokens of a dogmatic decree, but only pre-suppositions, which are in a certain degree self- evident. They suggest that even general Coun- cils must have recourse to all human means ; and that the adoption of such precautions on their part must ever be presumed ; but that if we must first certify, whether such have really taken place, then every decision of the Church can be questioned and rejected by misbelievers.^^ In this most theologians 19 Of more ancient authors, compare Rustic. Diac. adv. Acepha- los. (Bennettis, p. i, t. i, p. 3). What Bonaventura (in his Summ, q, I, a. 3, d. 3) states as preliminary conditions of Papal inerrancy, signifies as much as the modern '' ex cathedra." 2** Melchior Canus de loc. theol. v. 5 : Quae res, ut de concihis quoque dicatur, subsunt omnino causae eaedem : Sive Pontificum, sive Conciliorum diligentiam in fidei causa finienda in dubium vocant, eos necesse est omnia Pontificum judicia ac Conciliorum infirmare. ... Si semel haereticis hanc licentiam permittimus, ut in quaestionem vocent, num Ecclesiae judices eam diligentiam et curam exhibuerint, qua opus erat, ut quaestio via et ratione finiretur : ecquis adeo caecus est, qui non videat, mox omnia Pontificum Con- The Doctrine of Papal Infallibility, 5 7 agree, that a definition ex cathedra has then been pronounced, when the Pope, in the full enjoyment of his freedom, has, in a decree addressed to the whole Church, declared an opinion to be heretical, and laid its defenders under an anathema, or as Janus says, " cursed," or proposed any proposition as an article of faith. Nor is this the only case, where such a definition is admissible; but wher- ever the Pope unmistakably announces that he, as supreme shepherd, teacher, and judge, ''as the father and doctor of all Christians (to use the words of the Council of Florence), wishes to de- cide a question, and to bind the conscience of all believers/' Hence definitions may be recognized by the customary expressions, without this or that formula being absolutely needful.^^ Herein it is only the main decision which is characterized as binding ; but the reasonings and the rhetorical ornaments of a Papal Decree constitute no stan- dard of belief.^^ The infallibilists on their side urge the close intercommunion between the Pope and the Church, which they assert can never be severed/"* While the GaUicans regard the Papal decisions as final and irreformable, when, and in so far as they ex- cilionimque judicia labefactari? Cf. Thomassin Dissert, in Con- alia, Diss, xviii. n. 99. 21 Bellarmin, de Rom. Pontif. iv. 3. Suarez de fide Disp. v., § 8. Card. Sfondat. Gall, vindic. Diss. iv. § 4, "• I- Bianchi Op. cit. L. i., § 21, p. 184. Petrus Ballerini de vi ac ratione Primatüs, c. 15, n. 24, p. 288, 289. ed. Veronce. Maur. Capellari (afterwards Gregory XVI). Triumph of the Holy See, German Trans., Augsburg 1833, c. 24, § 5, p. 458. '^^l' So also the ex -Jesuit Passaglia in his polemical writing against the Encyclical of 1864, (sopra I'enciclica promulgata il giorno 21 Decemb. 1864, et sopra le 80 proposizioni. Domande riverenti. Torino 1865 (p. 56, 57). For other authors, see Phillips's Canon Law, vol. ii. p. 340. 22 Deschamps, 1. c. c. 11, p. 136. 23 Bennettis, loc. cit. p. 409. 24 Schneemann, loc. cit., p. 201, seq., § 333, seq. 58 The Doch'ifie of Papal Infallibility. press the belief of the Church ; ''^ the former teach, that by virtue of the promises of Christ, this is always the case ; for Christ bound all the faith- ful in general, and without exception, to pay obedi- ence to Peter and his successors. But never can an obligation to accept error be regarded as sanc- tioned by our Lord. God, they contend, can never permit, that believers should be obliged to submit to an untruth ; ^^ the silentiuni obsequiosum of the Jansenists leads to hypocrisy ; ^^ a tribunal, from which lies no appeal, yet withal fallible, would be an engine of tyrannical coercion/^ But as the obligation to accept error is inconsistent with the will and the character of Christ, so where a Papal sentence is binding on belief, there the gift of in- fallibility follows as a matter of course. In mat- ters, wherein a submission of faith is required, the obligation cannot be incumbent on one believer, without attaching to all other members of the Church, Hence it is not so absurd as some would wish us to believe, (p. 407) when Bellarmine, and after him so many others, speak of a decree ad- dressed to the whole Church as an infallible deci- sion. Moreover, such a privilege belongs to the Pope, only in so far as he is the teacher of the wJwle Clmrch. That in earlier times the Popes issued decrees of faith in Synods, alters nothing in the case. This form of procedure they could adopt even at the present day, if they chose. The judi- ^ Declar, Cler. Gallic, 1682, art. iv., Febron. de statu EccL, c. vi., § 4, n. 3. ^ Veithde primatu et infallibilitate § ii, § 31, x,?/. Ballerini Op. cit. c. 15. Devoti Jus, canon, univ. t, i, p. 90 seq. 27 Phillip's Can. Law, 11, § 89, p. 326. '■* On the prohibition of an Appeal from the Pope to another Judge, and even to a Council, compare Bennettis, P. ii, t. iii., art. 5- § 3' P- 571 > ^^- Pignattelli Consultat Canon., t, ix. Cons. 92, p. 240, seq. TJic Doctrine of Papal Infallibility . 59 cial decision was assigned to the Cathedra Petri,''^ to the Prince of the Apostles, to whom the pro- mise was given, and who Hves and judges in every Pope for the time being/° But the promise of Christ alleged by the infalli- bilists, their opponents will not admit, at least not in an equal degree. The passage in Luke xxii. 32, seq., applies, according to Janus (p. 96), to Peter personally, to his denial and his conver- sion. This, however, Catholic theologians deny. However, the word eVtcrrpei/ra? ^' (converted) may be explained, " still the essential unity between the special occasion, and the significance of Christ's word of promise, embracing, as it does, all times, may easily be established."^^ " The see of Peter," observes Professor Döllinger,''was to remain a place of truth, a citadel of firm faith, conducing to the strength of all ; for the words, as well as the prayers, of our Lord were addressed not merely to the individual person, and for the immediate moment, but they were meant to lay an endur- ing foundation ; their significance was, above all, for the Church, and for her future needs beheld by Christ in spirit." ^^ When Janus further observes, that not a single doctor of the Church, down to the end of the 29 Cf. Felix III. (Syn. Rom.) ep. 12. 2" Bennettis, P. i, vol. I, § 4. Denzinger's "Criticism on the Lec- tures of Thiersch," I, p. 100 (in German). 31 Bede, Maldonatus, Grotius, Bengel, and Ewald interpret the word as a circumlocution of the adverb rursum, vicissim ; and with them agrees Schneemann, loc. cit., p. 173. On the other hand, his former confrere, C. Passaglia, while referring to other passages in Scripture, explains conversus simply as the participle, yet, unlike most others, understands it not as having reference to contrition and to penance. De preerogativis B. Petri. Ratisbon, 1850, L. ii. c. 13, n. 198, seq., p. 560, 32 P. Schegg, Comment, on the Gospel of St Luke. Munich, 1865, vol. iii. p. 253-254 (in German). '^'^ Christianity and the Church, p. 32, § 56, ist ed. (in German). 6o The Doctrine of Papal hifallibility, seventh century, has given the interpretation of this text disputed by him, are, therefore, the passages of later Popes, and of Western teachers ; ^'^ are, therefore, the splendid testimonies of the later Greeks, such as the patriarch John VI. of Constan- tinople (anno 715),^^ St Theodore the Studite (anno 826),^^ and the exegetist Theophylact of Achrida,^^ robbed of their weight ? But it is not even true, as our opponent repeatedly states (p. 93), that the first to give this interpretation was Pope Agatho, in 680, " when trying to avert the threatened con- demnation of his predecessor, Honorius." The same interpretation had, on the 8th October 649, been put forward in Rome by Bishop Stephen of Dora, the envoy of St Sophronius, Bishop of Jeru- salem,^^ and before him by the Popes Gelasius, Pelagius II., and Gregory the Great ; ^^ and before these again, by the great Leo/° So exceedingly trustworthy are the statements of our Janus ! But even of the texts in Matt. xvi. 18, and '* For example, John viii. ep. 76, ad Petrum Com. (Mansi. xvii. 65); Leo IX. ep. ad Mich. Cserul. c. 7 (Will Acta., p. 68); S. Bernard, ep. 190, ad Innoc. II., Albertus M. (cited by Janus, p. 284). ^^ Ep. ad Constantin. Pap. ap. Combefis. Auctar. Bibl. P.P. Grase, ii. 211, seq. He calls " the Pope the Head of the Christian Priest- hood, whom, in Peter, the Lord commanded to confirm his brethren." ^'^ Lib. ii. ep. 12, p. 1 153, ed. Migne. He says openly to Pope Paschal II., "To thee Christ hath spoken the words, 'Confirm thy brethren.' " •^^ Com. in Evangel. Luc. xxii. (Migne P.P. Grsec. cxxiii. 1 073). "This (to confirm thy brethren) becometh thee, who, after me, art the Rock and the foundation of the Church. We may sup- pose that this has not been said of the apostles alone, that they were to be confirmed by Peter, but of all the faithful, even to the end of the world :" ws hv virocrTrjpixd^ci-f vttö tov Uerpov, dXXa Kai irepl irdjn-ojv tQu axpi rrjs avvreXelas tou aluvos iricrTQu. 2^ Mansi. Cone. x. 849. Hard, ill, 711-713. Apud Pichler, loc. cit., p. 135. 2^ Apud Schneemann, loc. cit., p. 1 74, § 288. *" Leo. M. Serm. iv. c. 3, 4. Cf. serm. 83. The Doctrme of Papal Infallibility. 6 1 John XX. 1 8, our opponent observes as follows : — " Of all the fathers of that time (the first six cen- turies of our era), who have exegetically explained these passages in the Gospels, in respect to the power conferred on Peter, not a single one applies them to the Roman bishops as Peter s successors " (p. 91). But what does Janus understand by exe- getical explanations ? If pure exegesis be the question, so even at the present day, it were quite sufficient if the Catholic exegetist in the interpre- tation of Matthew and John confined his observa- tions to Peter, and explained the import of our Lord's words merely in respect to him. But that the prerogatives bestowed on Peter were transmit- ted to his successors, and that those successors are the Roman pontiffs, is a truth so clearly proclaimed by tradition, that even the Gallicans have never called it in question.'^^ But when in the interpreta- tion of these texts, the Fathers inquire into the primacy of Peter, then they characterize it as a permanent institution. Further, when they speak of the Roman Bishop for the time being, they say of him he occupies the see of Peter — he sits in the chair of Peter — Peter lives and works in him — in him he feedeth all the Lord's sheep." '^" Have they not then herein given sufficient evidence of their convictions ? As Christ said to his disciples, " He that heareth you, heareth me ;" so the Fathers exclaim, " Who- so heareth the Bishop of Rome, heareth Peter." *^ Bishop Possessor writes to Pope Hormisdas as 41 Cf. Bossuet's Discourse at the Assembly of 1682, and with this, Bennettis' Op. cit. P. i., t. i.,p. 205. 42 In Cyprian the locus Petri is the same with the locus Fabiani (ep. 52, al. 55, Constant, p. 165). The other modes of speech see in Siric, ep. i. ad Himer. n. i., Bonif. i. ep. 4, exord. ep. 5, n. i. p. 102 1. Leo M., serm. 2, c. ii., serm. 3, c. 4. *3 Cf. Bennettis' Op. cit. P. i, t. i., p. 95, seq. 62 The Doctrine of Papal Infallibility. follows : " From whom is the strengthening of vacil- lating faith more to be looked for than from the bishop of that see, whose first occupant heard from Christ those words, " Thou art Peter, and on this rock I will build my Church P"'^^ Leo the Great says : " The firmness of that faith, which was praised in the Prince of the Apostles, is always enduring ; and in the same way as what Peter be- lieved in Christ, to wit, His divinity, lasts for ever ; so that which Christ ordained in Peter, namely, his primacy and its invincible power, is ever abiding. Thus ever lasts the ordinance of truth : Peter per- severes in the rock-like strength conferred on him, and always holds the helm of the Church entrusted to his care." This, says Leo further, is even at present the case ; and even in an unworthy heir this dignity has not ceased to exist. So even now the flock (according to John xxi. i/, i8) is still led by Peter, who confirmeth his successor, and prayeth for him."^^ What Peter has received, says Leo's predecessor, Sixtus III., that he has transmitted to his successors.^^ In the same way, Gelasius derives the pre-eminence of the Roman Church directly from the words of Christ addressed to Peter.^^ Theodore the Studite calls the Roman See the See of the Coryphaeus, the See in which ^* Possessor ep. IMigne., Ixiii , p. 489. 45 Leo. M., serm. 3, c. 2-4 ; serm. 4, c. 4, cf. ep. 16, init. 46 Sixt. III., ep. 6, ad. John Ant., c. 5, p. 120, ed. Coustant. In the same way Pope Juhus I., ep. ad Euseb. n. 22, ibid. p. 388 : a TrapeL\rj(pa/J.ev irapa rod fxaKapiov lÜTpov rod dirocTToKov, radra Kal i'luv bri\(b. Cf. Liber, ep. 8, p. 432- [" The things we have re- ceived from blessed Peter the Apostle, these I manifest unto you 47 Gelas. ep. 33, n. 5. Quamvis universa per orbem ecclesia catholica unus thalamus Christi sit, sancta tamen Romana ecclesia nuUis synodicis constitutis cseteris ecclesiis prgelata est, sed evan- gelica voce Domini et Salvatoris nostri primatum obtinuit : Tu es Petrus et super hanc petram," etc. The Doctrine of Papal Infallibility. 6 Christ has deposited the keys of faith/^ and from which we are to receive the certainty of faith/^ And already before him, Sergius, the MetropoHtan of Cyprus, addressed Pope Theodore : " O holy Head, Christ our God hath destined thy Apostolic See to be an immovable foundation, and a pillar of the faith. For thou art, as the divine Word truly saith, Peter, and on thee as a foundation- stone have the pillars of the Church been fixed.^° The writings of the Fathers, whenever they speak of the Pope, are full of echoes and allusions to those Scriptural words,^' and what is said of Peter, the Popes claim decidedly for themselves. ^"^ The Church, as well as \k\^pctra or rock on which it is founded, passed for invincible. ^^ If some Fathers call faith the foundation of the Church, so this they take not in an absolute and abstract sense ; but by it understand the living faith of Peter, which was the reason wherefore he was chosen to be the foundation-stone of the Church. Hence theo- logians say, the faith of Peter is causatiter, his ^Qxson formatiter, the basis of the Church. ^"^ Not 071 his confession, says Dollinger, but on account of his confession, must the Church be founded on him *8 Theod. Stud., 1. ii., ep. 63, ad Naucrat. Migne. xcix., 1281, a. '^ L. ii., ep. 129, ad Leon., p. 1420 : KÖLKeWev {a-jrh ttjs 'Pci/iijs) t6 äö-0aX^s dexecrdu) rrji Trt'cTTewj. [Thence (from Rome) receive the cer- tainty of faith]. ^° Ep. ad Theod. lecta in Sess. ii., Concil. Lat., anno 649. *^ For example, S. Ambros. ep. ad. Sine. (Constant, epist. Rom. Pontif. p. 669, ep. n. i). Qui diligenter commissam tibi januam serves et pia soUicitudine Christi ovile custodias, dignus, quern oves Domini audiant, et sequantur. ^- Simplic. Pap. ep. 4 ad Zenon. Imp. Perstat in successoribus suis hsec eadem apostolicae norma doctrinae, cui Dominus totius curam ovilis injunxit, cui se usque ad finem sceculi minime defuturum, cui portas inferi nunquam praevalituras esse promisit, etc. ^^ Origen, torn. xii. in Matt. n. II. 54 Phihps's Canon Law, i. § 13, p. 91, et seq. Denzinger's " Criti- cism on the Lectures of Thiersch," i, p. 53. 64 The Doctrine of Papal Infallidility. — the man with a rock-like firmness of character ; for the Church, as it consists of persons, of Hving beings, then also needed, and always needs, a living, personal foundation. As the edifice of the Church is one destined to endure for all times ; so this pre- eminence of Peter, which with him as the founda- tion must hold the Church together, necessarily after him passes to others by way of transmission.^^ The power of binding and of loosing was indeed imparted to all the Apostles (Matt, xviii. i8), but only after Peter, and on the pre-supposition of his primacy. Next, it was bestowed upon them alto- gether, but first of all granted to Peter alone.^^ The keys of the kingdom of heaven, too, were given to him only.^^ Janus, indeed, asserts in contradiction to Döllinger, that it is against all the Patristic in- terpretations and the exegetical tradition of the Church, to explain the power of the keys as some- thing differing from that of binding and of loosing. But independently of the fact, that this exegetical tradition is by no means constant and universal, one prerogative of Peter above the other Apostles lies in the extent of his power, and in its degree. « Loc cit. p. 31, § 55. «55 Bennettis, P. i, t. i.,p. 48. ^"^ Tertull. de praescr. c. 22 : Latuit aliquid Petrum aedificandae ecclesiae petram dictum, claves regni coelorum consecutum? De pud, c. 21 : super te, inquit, aedificabo ecclesiam ineam,et tibi dabo claves, non ecclesiae. Scorp. c. 10. Si adhuc clausum putas coelum, me- mento claves ejus hie Dominum Petro, et per eum ecclesiae reliquisse. Origen on Matt. torn, xiii., p. 31, points out here the pre-eminence of Peter above the other apostles. Eulogius of Alexandria (in Phot. Bibl. cod. 280, 1. ii,, c, nov.), remarks, that it was not to John or to any another apostle, but to Peter, Christ gave the keys (whatever Photius might contend). Optatus of Milevi de Schism, Donat. L. vii. 3 : Petrus . . . claves regni coelorum communicandas ceteris solus accepit. Stephen of Dora, loc. cit. says : " Claves regni coelo- rum creditae sunt Petro, ac ipse unus magnus secundum veritatem et princeps apostolorum ad claudendum aperiendumque illas promeruit. Cf. Ambros. in Luc, L. x. n. 67. Nyss. de castigat. op. iii.,p. 314. Morelli, Basil de judicio Dei, n. 7. The Doctrine of Papal Infallibility. 65 The keys of the kingdom of heaven denote the highest spiritual authority. ^^ Yet this question does not specially concern the infallibilists; — it belongs to the general doctrine of the Papal supremacy, which Janus enters on without a careful discrimin- ation of the particular matters in dispute. Further, it is asserted by our opponent ; " Up to the time of the Pseudo-Isidorian Decretals, no serious attempt was made anywhere to introduce the neo-Roman theory of infallibility. The Popes did not dream of laying claim to such a privilege" (p. "jG). It seems to us, however, that indepen- dently of the liturgical formulas used at Rome in the fifth century,^^ a very serious step was in the year 5 17 taken in this direction by Pope Hormisdas, when he allayed the Acacian schism, and prescribed to the Oriental prelates a formulary, to wit, that all bishops were bound to submit to the decisions of the Roman See,^° a formulary which, signed in the reigns of the Emperors Justin I. and Justinian, was often afterwards used, which in ZGj was com- municated to his legates by Pope Nicholas I., and in 869 again subscribed by the bishops in the eighth QEcumenical Council. The copy, signed by the Byzantine patriarch Mennas, runs as follows :^^ ^ Passaglia speaks fully de Prserogativis B. Petri, L. ii., c. 8. seq. ; p. 485, seq. Phillips's Canon Law, § 14, p. 98, et seq. ^^ Liber. Sacram. Leonis, p. 40, 41, ed. Bailer. Qui secundum promissionis tuae ineffabile constitutum apostolicae confessioni superna dispensatione largiris, ut in veritatis tuae fundamine solidata nulla mortiferae falsitatis jura proevaleant . . . ipsaque sit sacri corporis ubique vera compago, quae te dispensante, devota obsequitur, qtiidquid Sedes ilia censnerit, qiiarn teuere vohiisti totius ecclesiae principatian. ^° Mansi, viii. 451, xvi. 316, Bennettis, P. ii., t. v., p. 198, et seq. The Defensio declar. Cleri Gall. P. iii. L. x. c. vii. recognises the long-prevailing use of the formulary, which is still found in many manuscripts. — Card. Pitra Jur. eccl. Groec. hist, et monum., t. i., p. xl., seq., t. ii., p. iv., seq. ^^ Pitra, t. ii., p. 217, seq. E 66 The Doctrine of Papal Infallibility. — " The first principle of salvation is to preserve the rule of true faith, and in nowise to deviate from the tradition of the Fathers. For the sen- tence of the Lord cannot be disregarded, who hath said, " TJiojL art Peter, and on this roek will I build my Chitrch!* This sentence has been proved by facts, for in the Apostolic See the Catholic religion is ever preserved inviolate,^'' After the mention of CEcumenical Councils, of all the dogmatic letters of Leo the Great, and after a short state- ment of the doctrine of the Incarnation, as well as an enumeration of the heretics condemned, this formulary goes on further to declare : " In all thijigs following the Apostolic See, we announce what has been ordained by it." In many copies it is even said : " I hope to be worthy to be in that one communion with you, which the Apostolic See enjoins, in which is the perfect and true solidity of the Christian religion ; promising also that the names of those who are separated from the com- munion of the Catholic Church, that is, those who are not united in mind with the Apostolic See, shall not be recited in the Holy Mysteries." The Emperor Justinian, who had already said to Pope Hormisdas, " We hold that to be truly Catholic which has been made known to us by your venerable response," ^^ who solicited of Pope John IL, a confirmation of his own theological decree, ^"^ renewed before Pope Agapetus the ^^ Compare with this Iren. adv. haer. iii. 3, 2 : In quo semper ab his, qui sunt undique, conservata est ea, quae est ab apostolis tradi- tio ; as well as Cyprian's expressions upon the Roman Church, as ec- clesioe catholicae radix et matrix (ep. 48, al. 45, Constant., p. 132,) as Petri cathedra, ecclesia principalis, unde unitas sacerdotalis ex- orta est. . . ad quos (Romanos) perfidia non possit habere acces- sum (ep. 59, al. 55 Const., p. 184, 185.) ^3 Mansi. viii. 484. ^* L. 7, 8, cod. i., I de summa Trinitate. The Doctrine of Papal Infallibility. 67 above-mentioned Formular)^ with the addition, ** that he would bind all to the like obedience." ^^ The judgment of Rome was so decidedly held up as final, that already Augustine declared "Rome hath spoken ; the cause is ended " — " Roma locuta est ; causa finita est/' ^^ Even the learned Greek exegetist, Theodoret, wrote to the Roman priest Renatus, as follows : " This most holy See has preserved the supremacy over all Churches on the earth, for one especial reason among many others ; to wit, that it has remained intact from the defile- ment of heresy. No one has ever sat on that Chair, who has taught heretical doctrine ; rather that See has ever preserved unstained the Apostolic grace. "^^ The supervision and the magisterium in matters of faith, the Emperor Marcian also attributed to the Pope.^^ And St Peter Chrysologus wrote to Euty- ^ Pitra, t. ii., p. 219. ^•^ These celebrated words Janus (p. 70, seq^ vainly strives to distort. The question was not whether the heretics had completely submitted, — a submission which they did not evince even to the General Council ; but whether Augustine, in the Papal Confirmation of the African synodal decrees, found the final judgment on the Pela- gian heresy. He expressed the wish : " Utinam aliquando finiatur error ;" it was not the former thing, but the latter, which was the object of his desire. With the words in the serm. 131, al. 2 de verb, apost., others are to be compared : — Op. imperf. c. ful. L. II., resp. ad q. 103 : quid adhuc quaeris ex- amen, quod jam factum est apud Apostolicam Sedem ? Damnata ergo hseresis non adhuc Episcopis Examinanda, sed coercenda est a po- testatibus christianis. L. II. ad Bonif. c. 3 : Literis b. m. Papge Innocentii de hac re tota dubitatio sublata est. Ep. 157 ad Optat : In verbis Apostolicoe Sedis tam antiqua atque fundata, certa ac clara est fides catholica, ut nefas sit dubitare catholicis Christianis. The usual objections are refuted by Bennettis, P. i., t. ii., p. 309, seq. Ö7 Theodoret ep. 116. p. 1324, seq. ^^ Ep. 73 inter ep. P. Leonis : sanctitatem tuam principatum in episcopatu divine fidei possidentem. In Greek : tt]v cr-qv äyLua-vmrjv iiTLcrKOTrevovaav Kai äpxovaau ttjs deias Trt'crrews. Cf. Leo ep. 5 c. 2.; Qui Dominus beatissimo apostolo Petro primatum fidei sua remu- neratione commisit. 68 The Doctrine of Papal Infallibility. ches : " The blessed Peter livetli on his Chair, and there presides, and giveth to those who seek it the truth of faith. "^^ And in despite of such testi- monies, to which many others might be annexed, we are told it was the Pseudo-Isidore, who first prepared the soil for the growth of the doctrine of Papal Infallibility ! ! Pope Pelagius I., indeed (p. 73), asserted his orthodoxy, without appealing to the fact, that the Bishops of Rome had the privilege of inerrancy. But the reason was that, personally suspected of favouring false doctrines, he was obliged to make before others a personal justification, and indeed in reference to his conduct before his accession to the Papacy, which had been the immediate occasion of these attacks. ^° " But often and ear- nestly as the Popes exhorted separated bishops and churches to return to communion with Rome, they never appealed to any peculiar authority, or exemption from error in the Roman See" (p. 73). Surely such an appeal to heretics and schismatics would have been unfitting and idle ; however necessary, on the other hand, to prove the nullity of their grounds of separation. But often, especially when without the guilt of heresy ecclesi- astical obedience was withheld, have the Popes appealed to the pre-eminent authority of St Peter, as occurred particularly in the Acacian controversy. For such an appeal, the epistles of Pope Gelasius and the formulary of Hormisdas are sufficient proofs.^' Pelagius I. says of the western bishops who resisted the fifth General Council, that they ought to have ^ Ep. ad Eutych. inter Leon. Epp. n. 25. " Bennettis, P. xi., t. v., art. xi., p. 237. Cf. Hefele Cone, ii, p. 887, et seq. 7^ Gelas. ep. 8, ad Anast. Imp. ; ep. 13, ad Episc. Dard.; Com- monit. ad Faust. The Doctrine of Papal Infallibility. 69 referred their doubts to the ApostoHc See ; that they would be separated from the communion of the whole world, if they omitted in the Mass the commemoration of the Pope, in whom now rests the solidity of the Holy See7^ As Pope Agatho, in respect to the Monothelites ; so Gregory II., against the eastern Iconoclasts, appealed to the mediatorial position of the Pope between East and West, as well as to Peter, the prince of the Apos- tles/^ But we shall elsewhere have occasion to adduce on this matter proofs more numerous still. As to the further grounds against the doctrine of Papal Infallibility, Janus ever proceeds on the same false assumptions, which have been already sufifi- ciently appreciated. While in his opinion, the hypothesis of infallibility seems to recommend itself by its convenience, by the facility of its use, and renders Councils, as well as all scientific in- quiry, superfluous ; it makes on the one hand a systematic falsification of Church history abso- lutely requisite, and raises up on the other a wall of separation between Catholics and the separated religious communities, and " indeed a wall the strongest and the most impenetrable of all " (p. xxvii.) What Protestant must not be deterred by the prospect "of incurring excommunication in this world, and everlasting damnation in the next, when after infallibility has been made into a dogma, he should venture to question the full weight and value of any new article of faith coined in the Vatican mint V (p. 47). How must he be deterred, " when the Pope encroaches on a quite foreign domain," when he makes decisions " according to the will of the Jesuits, and of the bishops acting under their guidance!" (p. 16). Yet the very ^^ Pelag. I., ep. 2, ad Narsei. Patric. Op. 6, ad Episc. Tusc. '^ Greg. II., ep. i, ad Leon. Mansi. xii. 959, seq. 70 The Doctrine of Papal Infallibility. monstrosity of the hypothesis we have stated, seems to spare the advocates of Papal Infallibility the trouble of a serious refutation, for occasionally even the organs of their opponents cite theological expressions, which are calculated in some degree to diminish in their eyes the terrors of this bugbear/* That the matter should be contemplated from every point of view, Janus now proceeds to moral, ascetic, and psychological reflections. Under the influence of the idea of their infallibility, the popes themselves, in our author's opinion, become corrupt, are involved In the clouds and fumes of self-conceit and arrogance, as even several pontiffs who had been earher excellent car(;Jinals, became, after their elevation to the Papal throne, totally changed (p. 416). We question very much whether the assump- tion of infallibility (which can be regarded only as a privilege imparted /€^i inspiration, but divine assistance only ; but we see how Janus imagines he has searched the hearts, and tried the reins of popes. " Their like- ness unto God " (p. 48) will not make them shudder so much as it does Janus. Yet the latter has still other weapons in store ; for history proves to him, with noon-day evidence, the very reverse of the inerrancy of the popes. CHAPTER V. ALLEGED ERRORS AND CONTRADICTIONS OF THE POPES. T is no small undertaking to pronounce upon questions treated in many hundreds of learned works, a fixed judgment within the compass of a few lines. But for this task, Janus has mustered sufficient courage; he arrays, even from the fourth century, his argu- ments against Papal Infallibility. Happy are the popes of the first three centuries, of whom we pos- sess but few documents ; for, from the less precise and definite terminology, which has already ex- posed to sharp criticism many of the ante-Nicene Fathers, these pontiffs would have hardly escaped the severest censures. Let us now briefly examine what, on the part of the advocates of Papal Infalli- bility, may possibly be alleged against the ex- amples adduced. I. ''Pope Julius I. pronounced Marcellus, of An- cyra, an avowed Sabellian, orthodox at his Roman synod" (p. 6S). Not only Pope Julius had done this, but the Council of Sardica also. Marcellus had waited in Rome for his accusers a year and three months.^ When these did not appear, and his confession of faith appeared satisfactory, Pope Julius acquitted him. On the doctrine of Mar- ' Ep. ad Jul., p. 392, Coustant. Alleged Erj^ors, etc. 75 cellus, opinions still differ. Natalis Alexander, Montfaucon, and Mohler have defended his ortho- doxy ; and Hefele remarks, that it is difficult to pronounce a decisive judgment upon him." Yet it must be admitted that recent research seems less favourable to his orthodoxy.^ But no infallibilist has ever asserted, nor any fallibilist proved, that the sentence of Julius was a doctrinal decision, or that this Pope sanctioned any dogma. In a judg- ment upon the sentiincnis of aji individuaL, the Pope, no less than a General Council, can, accord- ing to the most rigid upholders of infallibility, fall into an error of fact {error facti), 2. " Liberius purchased his return from exile from the emperor by condemning Athanasius, and subscribing an Arian creed " (p. 6Z). The advocate of infallibility can reply, the fall of this Pope into Arianism is by no means certain, nay, subject to grave doubts, and, if cer- tain, so not the result of full free-will ; for the fear of the Emperor Constantius was the motive ; and still less in this fall was a definition of faith in- volved/ Many authors, like Socrates, Theodoret, and Sulpicius Severus testify in favour of Liberius. Of the testimonies brought against him, several are evidently spurious,^ and even if they were genuine, ^ " Concil. Geschichte," vol. i., p, 456, — \^^ Hist, of Councils "^ '^ According to the investigations of Dorner, Döllinger, Hefele, and Th. Zahn. See the latter's Marcelliis of Ancyra, Gotha, 1867. ^ Liberii lapsus non certus, nee si certus, voluntarius, nee in definitione fidei. P. Ballerini de vi ac ratione primatüs, c. 15, § 13, n. 30, p, 297, 299, 300. ^ The fifth Fragment of Hilary is, according to Hefele, spurious ; (Concil., vol. I, p. 605, et seq.), but, according to Reinkens, it is genuine (Hilarius, p. 216, seq.) Even Mr Renouf sees himself forced to give up a portion at least of the Fragment ; for the maintenance of it would have involved him in the most flagrant self-contradiction. ( r/ßV " The Condemnation of Pope Honorius," London, 1868, p. 41, seq. note.) 76 Alleged Errors and they would show only a semi-Arlan Catholicizing formula, but not '' an Arian creed." Liberius can be accused, not of what he did, but of what he omitted to do ; he can, from a moral point of view, be blamed for his silence, for his weakness, while the dogmatic purity of his faith remains intact.^ If now we are further told, '* that this apostasy of Liberius sufficed, through the whole of the Middle Ages, for a proof that popes could fall into heresy as well as other people;" so we reply, that it is perfectly well established, that in those ages the doctrine of Papal Infallibility was the prevalent one ; while in this passage, on the other hand, we find the explanation, that inerrancy is to be ascribed only to the formal dogmatic decisions of the Pope, as father and teacher of all Christians, and which are alone binding on the whole Church, and not to his other measures and acts. 3. " Innocent I. and Gelasius I. declared it to be so indispensable for infants to receive communion, that those who die without it go straight to hell. A thousand years later the Council of Trent ana- thematized this doctrine." ^ On the 6th of June 1562, the question whether by the Divine Law the Blessed Eucharist was to be administered to children before the use of reason, was submitted, amongst others, to the theologians of the Council of Trent, and the Council maturely weighed the passages of the Fathers concerning it, and, in particular, the words of Pope Innocent.^ The words of Innocent on the subject, exactly ^ Hagemann in the Journal of Theol. Literature of Bonn, 1869, No. 3, p. 79-81. 7 A like observation is made in a pamphlet which is in manifold accordance with Janus, "The Roman Congregation of the Index, and its Working," Munich 1863, p. 26. • Pallavic Hist, Council, Trident. Lxvii. c. i, n. i, c. 6, n. 12, c. 12, n. 5, seq. Contradictions of the Popes. / / agree with the conclusion drawn by St Augustine, who argued thus against the Pelagians : ''No one can attain everlasting life without being a partaker of the body and blood of Christ ; but none can thus participate without baptism ; therefore no one can obtain eternal life without baptism."^ The refer- ence to the text (vi. 54) does not necessarily imply actual communion, for St Augustine often explains this passage in a wide sense ;'° but it was fully jus- tified with reference to the practice which obtained at that time, and far into the Middle Ages, of giv- ing communion to infants ; a practice which im- plied baptism as a previous condition. The words of Innocent are directed in exactly the same way against the doctrine of the Pelagians, that it is possible to obtain eternal life without baptism ; and in the same way he bases his argument on John vi. 54. Directly he asserts only the necessity of baptism ;" the precise proposition asserted, and not the ratio addita, is authoritative.'^ The same remarks apply to Gelasius'^ and others. The Council of Trent defends the Holy Fathers, who had 3.probabilis causa for acting according to the practice of their time, and is very far from condemning any one of them. ''^* 4. ''That Pope Zosimus spoke on the Pelagian doctrines in a very different fashion from his im- mediate predecessor, Innocent " (p. 70), is utterly 9 Aug. de peccat. mer. et rem,, iii. 4. Cf. i. 20. Op. imperf., ii. 29. Tract. 26 in John. 10 Noris. Vindic. Aug., § 4. Bona Liturg., ii. 19. Natal. Alex. H. E. Saec. V., cap. IV., a. 3, § 10, n. 7. " Pallav. 1. c, n. 9, upon Innoc, i. ep. 26 ad PP. Milev. Aug., ep. 93- 12 Melch. Canus de loc. theol. v., §. Nonne igitur. ^3 Gelas. ep. ad Episc. per Picenum constitutos. ^* Sess. xxi., cap. 4, de commun. coll. can. 4. * The translation of this passage was given in the Tablet, and as it was a very good one, it has been retained. — Tr. 7 8 Alleged Errors and false. Innocent had decided the dogmatic ques- tion, but not the personal one relating to the orthodoxy of Cselestius. The latter represented himself to Zosimus as perfectly orthodox, and obtained from him a mild treatment ; as indeed Innocent had, in the case of his repentance, held out to him the same prospect; so that though for a time he deceived the pontiff, he never at least received any sort of sanction to his errors, which were afterwards fully discovered. So even Augus- tine, the most decided adversary of Pelagianism, regarded the matter.""^ But it was the Tractoria of Pope Zosimus which on all points settled the controversy. That document, as a doctrinal deci- sion, was laid before the bishops for their subscrip- tion, and spread over the whole of Christendom.'^ The eighteen prelates who did not sign it, were deposed and banished.'^ 5. As regards Pope Vigilius, he by no means contradicted himself three times in a matter of faith (p. 72). The reprehensible character of the pro- positions favouring Nestorianism, put forth by Theodore of Mopsuestia, as well as of the expres- sions of Theodoret and Ibas in reference thereto, was not denied by this pontiff, but only the oppor- tuneness and the justice of a condemnation of their persons. The positive dogmatic purport of the judicatum, of the constitutum, and of his last decree, is not involved in contradiction.'^ The reproach ^^ Aug. L. ii. contra duas epist. Pelag. ad Bonif., c. 3, seq. ; quidquid interea lenius actum est cum Coelestio, servata dumtaxat antiquissimse et robustissimse fidei firmitate, correctionis fuit cle- mentissima suasio, non approbatio exitiosissim^e pravitatis. ^^ Marius Mercator Com., p. 138, ed. Ealuz. ^^ The Dominican, B. de Rubeis, in his treatise, "De peccato originali," cap. 9, seq.^ treats this question most solidly, and from the original sources. ^^ Ddllinger, Manual of Eccles. Hist., i. p. I49. Contradictions of the Popes. 79 which Vigilius incurred is that of vacillation of con- duct in a position of unexampled difficulty, of which nothing is here told to the reader ; and even against this charge many theologians, including Frenchmen, have not failed to defend him. The schism in the West was not his fault. The East and the West, as often happened on other occa- sions, were then opposed to each other ; and it is precisely the history of the dispute of the three chapters, which shows how necessary was the de- cision of the Pope/^ 6. Naturally the case of Honorius is not passed over in silence. This pontiff, we are told, expressed himself in dogmatic epistles quite in favour of the Monothelite heresy (p. 74) ; and these epistles were in the sixth CEcumenical Council committed, as heretical, to the flames (p. 74). The almost im- measurable Hterature respecting Honorius is here in a manner sufficiently arbitrary, compressed into a few sentences ; and the present state of histori- cal research on the subject is utterly ignored. Hereupon Mr Hagemann observes, that after the new and manifold investigations (to which DoUin- ger and Hefele have led the way) by the journal the Katholik, 1863, by Schneeman (in his '' Studies on the Honorius Question," 1864), by Rump (in the German edition of Rohrbacher's " History of the Church," vol. x., p. 121-47), by Reinerding (in his '' Contributions to the Question of Liberius and Honorius,'' 1865), the judgment on Honorius has ever assumed a more favourable form. The unskil- ful defence of Bamberger has alone been prejudi- ^9 Ludov. Thomassin. Diss. xix. in Concil., p. 621, seq. Petrus de Marca Diss, de Vigilio. Cf. Card. Orsi, Storia, L. 41, n. 84. Ballerini de vi ac ratione primatüs, c. 15, n. 39. p. 313. Bennettis Privileg. Rom. Pontif. Vindic, P. II., torn. v. Append., § v., p. 625, seq. P. I., torn, i., art. ii., § 3, p. 189-204. 8o Alleged Errors and cial to the cause.""" The same reviewer observes, " it is, above all, necessary to examine the first epistle of Honorius in itself, in its doctrinal pur- port, and quite independently of its historical con- nexion, just as if the Monothelite heresy had never existed. We doubt not that to a really unpre- judiced mind the innocence of Honorius would be apparent, and the offensive expression, ev dekrj^a, one will be from the context referred to the moral tuiity of the divine and the human will in Christ." In fact, the arguments of Schneemann, who com- pares the expressions of the Pope with passages of St Augustine, which he had before his eyes,^' have nowhere yet been refuted ; and in the import of their words, these letters, which appear as epistolce privatce, and not as epistolce doginaticce^'^ are free from heresy.^^ Thus much only is clear, the crafty Byzantine, Sergius, put the unsuspecting Pope on a false scent, and elicited from him a letter, which he was enabled to misuse for his own purpose, and indeed in favour of a heresy advocated by himself, but then totally unknown to the pontiff. These expectations were crowned with success. The expressions of Honorius, as could not fail to happen, were set up by the Greeks in connexion with the question then so warmly agitated ; and so, as the Byzantines required, to whom the con- demnation of so many of their patriarchs was excessively irksome and displeasing, ensued the condemnation of Honorius, defended and praised '" Journal of Theological Literature. Bonn, ist February 1869. No. 3, p. 76. 21 In the already cited "Studies on the question of Honorius," especially p. 48, seq. Freiburg, 1864. 2^ Natal, Alex. H. E. Saec. vii., Diss, ii., prop. i. Hefele Cone, ii., p. 284. 2=* Rump in Rohrbacher's Church Hist., vol. x., p. 134, seq. p. 146 (Germ, trans.) Contradictions of the Popes, 8 1 as he had been by St Maximus. " That the Papal legates," continues Hagemann, " did not oppose this decree, as in the case of the interpolated epistle of Pope Vigilius, may have had its ground therein, that without the anathema laid on Honorius, the Council could scarcely have been brought to a suc- cessful termination." On the other hand, we must set by the side of the CounciFs sentence the letter of coiifirinatio7i of Pope Leo IL; and however we may explain the Pontiff's words, more we camiot extort from them, than that the anathema punished a forgetfulness of duty, rather than a moral com- phcity in the Monothelite errors.^'^ This has been the view hitherto taken by the most distinguished theologians, and among others, by many doctors of the Sorbonne, to wit, that Honorius was not a heretic, but only a favourer of heresy,^^ or that he was con- demned for an error as to fact, errore factV^ That Bishop d'Argentre and Archbishop Fenelon were wrongfully alleged to have denied the orthodoxy of this Pope, has long since been shown. ^^ Less known is the judgment of the Sorbonne doctor, royal counsellor, and bishop, Isaac Habert.^^ The ^ Loc. cit., p. 77. 2^ Petrus Ballerini loc. cit., pp. 306, 307 ; damnatus a sexta Synodo non ob hseresin, sed quia improvida dispensatione et nonnullis minus cautis locutionibus haeresi favorem impendisse visus est., pp. 306, 307, not. Prsescriptum ab eo silentium, non fuit definitio fidei. The Gallican Natalis Alexander (HE. Ssec. vii., Diss, ii,, prop. 2, 3) says Honorius is acquitted of the charge of heresy tatn vere quam pie, and appeals against his accusers to Combefis and Gamier. Cf. also Lud. Thomassin., Dissert, in Cone, Diss, xx., n. iZ, seq. Bennettis loc. cit., vol. vi,, pp. 655-686. ^ L. Cozza Hist. Polem. de Groecorum Schismate. Romce, 1719, P. ii., c. 17, p. 339. ^^ Schneeman loc. cit., pp. 31-33.' 28 'ApxtepariKÖu. Liber Pontificalis Ecclesise Graeccenunc primum ex Reg. MSS. Collectus Meditatione et labore Is. Haberti Ep. Vabrensis. Paris, 1676, p. 565, seq. F 82 Alleged Errors and latter observes, it is not surprising that the name of Honorius also should not be wanting in the for- mulary of enthronization of the Greek patriarch/^ for even in the Roman edition of the " Acts of the Sixth General Council" {ea fides extitit et candor) it occurs, first in the thirteenth article, where the letter of Honorius, because misunderstood, is con- demned ; and again in the eighteenth article his name occurs. Habert cites the documentary evidence for the condemnation of Honorius down to the times of Pope Hadrian U., rejects the hypothesis of the falsification of the Acts of the Sixth Council, and explains the sentence in question as arising from an error as to fact, which even an CEcumenical Synod is liable to.^° He points out especially, first, that the letters of Honorius were private letters, and not synodical epistles, the then usual form of solemn decrees, and such as Pope Agatho after- wards issued ; secondly, that those epistles con- tain nothing heretical ; and thirdly, that Pope Agatho does not name Honorius among the here- tics, and that Maximus, the most decided opponent of Monothelitism, regards him and his expressions as perfectly orthodox, knowing as he did the asser- tions of Pyrrhus, and of his fellow-sectaries. The defenders of this Pope may, in fact, consider it a great triumph for their cause that, in despite of all the array of learning and critical acumen brought to bear against their opinion, they have not yet been refuted ; still less has the adverse sentiment been raised to the fulness of evidence ; nay, that 29 lUd., pp. 557-559- =*" P. 566, Hsec omnia tarnen ex errore facti orta sunt, qui certe at in synodos oecumenicas cadere potest. Contradictions of the Popes, 83 deeper historical inquiries serve ever to establish their belief on a more solid basis, 7. Passing over the accusations against Gregory II. and Gregory III., which have long met with their just appreciation,^' Janus passes to Pope Stephen II., who reigned from 752 to 757, and who, according to him, issued two untenable dog- matic answers^^ (p. 54). But in one of these the question is not about the dissolution of the mar- riageof a slave girl,butabouttheexpulsionof aslave girl living in concubinage ; and this decision was quite in conformity with one made by Leo the Great.^^ In the other answer the matter imme- diately in hand regarded the piinisJiment of the priest who, in a case of necessity, had administered baptism with wine. The text, moreover, is cor- rupt, and the genuineness of the document is called in question. ^"^ 8. Nicholas I., we are told, declared baptism given in the name of Jesus to be valid. But the ques- tion proposed to him regarded the administrator of baptism, whether Jew or heathen, and not the form of the sacrament, whereof Nicholas spoke only obiter, incidentally, and not ex professo;'^'" and on this account many theologians say he here expressed himself only as a private doctor (p. 405). 31 The above-cited pamphlet on the Congregation of the Index treats of both these Papal responses, p. 25. Compare therewith Von Moy's Archives for Canon Law. 1864 (in German.) Vol. xi., p. 174, seq. Chilianeum, vol. iv., 1864, p. 254. 32 Labbe Cone, vi., 1650, 1652. Resp. ad. q. 3, 11. 33 Leo M. ep. ad Rusticum Narbon., ep. 167, c. 5, p. 1422. Ball., p. 1205, ed. Migne. 34 Natal. Alex. Ssec. viii., c, i, art. 6. This subject is copiously treated by Bennettis loc. cit., pp. 691-694. Compare also Hefele, Cone, vol. iii., p. 542. 35 Nicol. ad Consulta Bulgar., c. 104. S. Alphons. Liguori, Theol. Moral., lib. vi., n. 112. 84 Alleged Errors and A definitive judgment was certainly not then pro- nounced ; and the opinion in question, which occurs in other writers also, has never been termed heretical by the many scholars, who have illus- trated this passage.^^^ 9. The annulling of orders, and the reordinations, which we meet with from the end of the ninth century (p. 51), prove nothing against the doctrine of the Infallibilists, because no kind of dogmatic decision is involved therein, and they do not under- stand their doctrine as Janus interprets it. The question was still for a long time undecided ;^^ and many harsh expressions against certain orders are to be construed only in the sense of illiciUiess, not of invalidity ; for, according to ancient disci- pline, absolute ordinations were forbidden, and the irritum (the null) was very often opposed only to the ratum (the approved).^^ Janus might have alleged still more ancient examples of this error, even from the times of Innocent I. ; but these, theolo- gians have long since explained and duly appre- ciated.^'^ Passages may be cited from many Topes which seem to express the absolute nullity of orders imparted by heretics, schismatics, Simon- ists, and the rest; and other passages again, as one, for instance, from Gregory the Great,'^'^ which presuppose their validity. Stephen VI. (VII.) blindly gave way to his passion, but he passed no dogmatic decree ; while John IX. forbade re- 36 Bennettis /or, cil., §vii. pp. 706-708. Compare my Monography upon Photius, vol. iii., p. 593, seq. 37 Cf. the Augsburg Pastoral Journal, 1869, No. 42, p. 334. 38 These and other explanations are set forth at length in my Life of Photius, vol. ii., p. 321, seq. 3« liennettis loc. cit., % iv., pp. 53 1 -600. Ballerini loc. ciL, p. 713. ^ Greg. M. L. iii., ep. 15, coll. L. ii., ep. 51, ad Joh. Rav. L. xi., ep. 67. Contradictions of the Popes. 85 ordinations."^^ That in the eleventh century a re- conciliatory rite, already known to earlier ages, existed for the reinstallation into ecclesiastical dignities illicitly obtained, is certain. It is equally certain that it was the effcctus virtiitis^ and not the forma sacramenti, which was in many cases disputed. "^^ 10. *' The Capernaite doctrine, already rejected by the whole Church, and contradicting the dogma of the impassibility of Christ's body," was in a for- mulary proposed to Berengarius, affirmed in 1059 by Pope Nicholas II. (p. 55). This formulary, however calculated to hold fast the dexterous and ever slippery sophist, is by no means heretical. The harsh-sounding expressions may be justified by the intimate union of the outward sign with the body of Christ, which admits of a comnumicatio idiomattiin, in the same way as the union of the two natures in Christ ; so that what outwardly occurs to the sign can, in a certain measure, be ascribed to the body of the Lord concealed under it. In this sense the Fathers, and among others, Chrysostom, had already spoken of a touching of the body of Christ. ^^ 11. " Celestine III. tried to loosen the marriage tie by declaring it dissolved if either party became heretical.'*'^ Innocent III. annulled this decision,"*^ and Hadrian VI. called Celestine a heretic for giving it" (p. 54). But Celestine addressed a mere rescript to indi- viduals ; it was a responstmijicris, and not a decree of faith ; the formula videttcr nobis expresses but a ^^ Mansi Cone, vol. xviii. 221, seq. ^^ Bennettis loc. cit., especially p. 597, seq., t. iv., p. 415, seq. ^^ Vide Dollinger's Manual of Church Hist., vol. i., p. 376. ** Cap. Laudabilem (iii, 33) de Convers. Infid. Cf. Urban III., cap. 6, de ilia iv. 19 de divort. ^ Cap. 7, quanto iv., 19 de divort. 86 Alleged Errors and private opinion ; and then this is brought forward by the Pope, not ex proposito, but only obiter^ inci- dentally.'^^ If Hadrian VI. called Celestine a heretic, this was done by the Professor of Utrecht, and not by the Pope."^^ 12. Innocent III., "this father of law," was, it seems, quite ignorant of theology, because in a decretal he declared Deuteronomy, as the second book of the law, binding on the Christian Church (p. 56).'^^ But this Pope, acting according to the taste of his age, and the analogy of Gregory the Great, sought, by help of an allegorical interpreta- tion of Deuteronomy (xvii. 8-12), to draw motives of congruity for his decision, which had nothing whatever to do with the fifth book of Moses. To accuse him of an error in this case is utterly futile.'*^ In the official acts of Popes, as well as of Councils, it is only the regulative parts which are authori- tative, and not the arguments, nor the rhetorical adornments. ^° As little can any error be shown *^ Bennettis loc. cit., t. v., § viii., p. 720, seq. Card. Sfondratus (Gallia Vindicata., Dissert, iv., § 4, n. I, p. 813), therein reminds us that Innocent says, " Etsi quidam prasdecessores nostri aliter sensisse videantur," and that sentire \% x^ot synonymous with o'lf/fw/r^ ; and that Innocent also did not define, as the following words show : '■'■ Credimiis aliter respondendum:" then the Cardinal subjoins: " Sed parcendum Maimburgo solius historise gnaro." ^^ Cf. Pichler loc. cit., vol. ii., pp. 681, 682. Bennettis loc. cit., p. 243- *^ C. 13 per venerabilem, t. iv. 17. Qui filii sint legitimi. This passage is likewise cited in the pamphlet " On the Congregation of the Index," p. 26. ^^ A full investigation of this subject is to be found in the Augs- burg Postzeitung of the 12th October 1869, Append., No. 49, in an article entitled " A Characteristic Specimen of Janus." ^" Berardi Comment, in jus Eccles., Dissert, ii., c. 2 : In pluribus pontificiis Rescriptis nonnulla continentur extra principalem senten- tiam, in qua una vis Rescripti consistit, quae sunt aut prorsus ex- tranea, quandoque etiam minus ad rectam rationem exacta, in qui- bus seil. Capellanus plurimum suo ingenio indulsit, iis prsesertim temporibus, quibus aut theologise aut canonum aut etiam solidse philosophise studia non satis exculta fuisse non ignoramus. Contradictions of the Popes. %'] in what this Pontiff says respecting the translation of bishops (p. 55).-" 13. Pope John XXII. stands under a twofold accusation. First, with regard to the doctrine of Christ's poverty and the rule of St Francis, he was in the most direct opposition to the decretal of Nicholas III. (pp. 57-59). Secondly, he preached at Avignon the doctrine, that before the general resur- rection the blessed in heaven are deprived of the beatific vision ; and on this account he was in Paris accused of heresy (p. 274). Now, as regards the first point, the earlier Galli- cans found between Nicholas III.^^ and John XXII. ^^ no contradiction in the substance of their doctrine, but rather in their words.^"^ The opposi- tion between them lies, not in the sphere of dogma, but in different philosophic and juridical views. Three questions, namely, come here under consi- deration. The first is, whether, in the things which are consumed by use, the iisiis can be severed from the dominium or ownership t The next is, whether a state of poverty, which excludes every species of proprietorship, be meritorious and holy t And the last is, whether Christ our Lord, by word and example, taught such a kind of poverty.^^ The first question Nicholas answered in the affirmative, ^^ Vide Phillips's Can. Law, t. v., § 226, especially page 445, and seq. 52 C. 3, Exiit de V. S., v. 12 in 6. 5' Joh. xxii., Extravag., tit. 14, c. 3. Ad Conditorem canonum ; c. 4, cum inter nonnullos ; c. 5, Quia quorundam. 5^ Natal. Alex. Hist. Eccles., Saec. xiii. et xiv., Dissert, xi., art. i. The dissertatio praevia of the Amsterdam edition of the Defensio Declarationis Cleri Gallicani of the year 1745, has, in § 46: Cete- rum neque hie sollicite quaerimus, qua de re prsecise ageretur et an revera Nicolaus pro cathedrae auctoritate ita decreverit, nee magis curamus hie, rectene an secus ipse ac Johannes egerint et an sutnniä cojisentiant, verbis litigent. ^5 Cf. Raynald, anno 1322, n. 65 ; Bellarm. de Rom, Pont., iv. 14. 88 A liege d Errors and but John in the negative ; and herein each started from a different philosophic and juridical concep- tion. The words simplex facti tisus could not signify the use of another's property against the will of the owner, for this would have been im- moral, but the moderate and permitted use, such as durante concedentis licentia was allowed to the Franciscans.^^ John went from the principle, the simplex usus facti ynWhowt thejV/J titendi is usus injustus, and held strongly to the opposite opinion, that whoever is owner of the thing can sell, ex- change, and give it away, as he will ; but this, by their rule, is not permitted to the Minorites. The answer to the first question determines the reply to the second. Nicholas must give an affirmative answer, and John a negative ; both herein speaking according to their peculiar views of the relation of the tistis to the jus. In the same way the third question may be answered in the affirmative or in the negative, according to the point of view from which it is regarded. Christ and the apostles taught and practised at times complete poverty, but they had at other times temporal goods also ; they taught the perfect and the less perfect.^^ Not more than Nicholas III.^^ did John XXII. wish to pronounce a definition in this matter. He desired to resist the fanaticism of the Spiritualists, and to -oppose real facts to their false enthusiasm. Highly as the rule of St Francis is esteemed, as one sanctioned and recommended by the Church for leading to a more perfect following of Christ, it is by no means in itself, and, rightly explained, a ^^ Ballerini de Potest. Eccles. sum. Pont, et Concil. General., liber. Veronae, 1768. Append, de Infall. Pont., p. 277, n. 9. ^'' Bennettis /(?<;. cit., § viii., pp. 725-730. ^^ Card. Orsi, t. ii., de Rom. Pont, auctoritate, 1. iii., c 42, p. 268. Contradictions of the Popes, 89 subject of revelation — of the dcpositimi fidei. Ponti- fical decrees that belong to this class, are such only as solemnly sanction rules of faith and of morals for the whole Church ; and, in the case before us, this can by no means be proved. ^^ Secondly, in respect to the doctrine of the Beatific vision, John XXII. merely expressed him- self by way of disputation, without attempting to frame any definition on the matter — a definition reserved for his successor, Benedict XII. Twenty- three doctors of the Paris University testified, on the 2d January 1333, that the Pope had neither asserendo, sen opinando, expressed the view still advocated by the Greeks, and not yet declared heretical. Moreover, before his death the Pontiff gave a very satisfactory explanation of his views on this subject, which he had treated as a learned theologian.^"" 14. The decree of Eugenius IV. on the sacra- ments theologians have long been familiar with ; 53 Ballerini de vi ac ratione primatüs, c 15, p. 317 : In his et similibus decretis potissimum cavendum, ne idem esse credatur ali- quid pertinere ad niateriam fidei, et decreta, quae a Pontificibus eduntur, ut respondeant interpellantibus apostolicam sententiam et auctoritatem, si quo hujus auctoritatis charactere muniantur, sem- per esse definitionem fidei. In re enim, quae referri queat ad jus naturale vel divinum, respondere possunt, quod ex opinione proba- bilius judicant vel tutius, nisi exprimant aliquid credendum aut damnandum ex Catholica fide, idque possunt, etiamsi ad .compes- cendas acriores contentiones sub excommunicationis poena vetent constitutis glossas addere et aliter interpretari, ut Nicolaus vetuit. Potest enim excommunicatio ferri ob praesumptionem et inobedien- tiam, quae pacem turbet et scandala foveat, tametsi circa articulum nondum definitum ex Catholica fide nullum laesae fidei periculum sit. Hoc uno principio quam multae constitutiones Pontificum ali- quem characterem auctoritatis apostolicae praeferentes a propria dictae definitionis fidei catalogo excluduntur. ^ Buteus Hist. Univ. Paris, t. iv., B. p. 236. Spondan., anno 1334. Raynald, anno 1334, nn. 27, 35. Bennettis loc. cit., pp. 730- 734. Ballerini loc. cit., n. 40, pp.313, 314- Werner's Hist, of Po- lemic Literature, vol. iii., p. 522, seq. 90 Alleged Errors and but it was reserved for Janus to pronounce It completely erroneous. The reader unacquainted with the text might almost be misled into the belief that the Pope, instead of seven, recognized but four sacraments of the Church. But this is not so. The decree enumerates all our seven sacraments, and the omission of three is only a conclusion drawn by Janus. The decree is really a practical instruction pro faciliojd doctrina, and forms part of a great whole, to which the Nicene Creed, the Definitions of Chalcedon, and even a decree on festivals, belong. These documents have certainly not all the same authority.^' If the tendering of the vessels is stated to be the matter of holy orders, this does not certainly exclude the imposition of hands, which was already in use among the Armenians, and was prescribed in the Roman Pontifical also, to which express reference is made. Eugenius spoke of the integral and accessory form and matter, which, for greater con- formity with the Roman Church, the Armenians were yet to adopt.^^ The form of Confirmation customary among the Latins is briefly stated ; but it is not enjoined as an absolute form. The form usual among the Greeks was ever acknow- ledged ;^^ as was also the case with their form of ^^ This is even shown by the distinction at the close : Capitula, declarationes, prsecepta, etc. Denzinger Enchiridion Definitionum, p, 20I, ed. iv. It is not, as Janus asserts (n. 1 7), that " Denzinger has omitted the first portion regarding the doctrine of the Trinity and of the Incarnation, in order to conceal in some degree the dog- matic character of this celebrated decree," but in order not to repeat what he had elsewhere already communicated. ^'^ Bened. XIV. de Syn. dioeces., 1. viii., c. lo, n. 8. St Alphons. Liguori Theol. Moral., 1. vi., n. 749. Arcud. de Concordia, vi. 5, p. 442, seq. *^2 Liguori loc. cit., n. 167-179. Arcud. de Concordia, ii. 7. Pignatelli Consult. Can., t. viii., Cons. 78, p. 141. Contradictions of the Popes. g i Penance.^'^ As this Instruction had for its object to bring the Armenians as near as possible to the Roman rite in the administration of the sacra- ments, its mode of speech has nothing remark- able ; still less is it chargeable with error. 15. What Janus further says on these matters refers to mere minutiae. The question " about the comma in the bull of Pius V. against Baius " (p. 49), may, as the most recent editor of the Baian controversies justly remarks, be considered as settled.^^ Like disputes frequently occur, and it argues but a want of juridical instruction to exalt difficulties of interpretation into a system of irreconcilable antagonism. Janus dwells at much length (pp. 62, 63), after the manner of some Protes- tants, and of Launoius, on Sixtus the Fifth's edition of the Bible — a work in which that Pontiff evinced his love for biblical studies, but about which he passed no sort of decree. He promulgated no bull on the subject; he did not even desire that his work should be received fide divi?iä, as quite correct and perfect.^^ The errors in his edition refer not to matters of faith ; and neither himself nor his successor, Clement VIII., ever imagined, or could imagine, it was in their power to put forth a perfectly faultless edition of the Scriptures, in which posterity would find nothing to change for the better.^^ ' The decision of Pope Alexander VII., in the year 1687, " in favour of the newly- ^ PigTiatelli op. cit., t. iii., Cons. 60 n. 23 ; t. vii. Cons. 50, n. i, p. 102. Deer. Congr. S. Off., 19 Dec. 1613. Arcud. loc. cit., iv. 3. ^ Linsenmann's Michael Baius and the Foundation of Jan- senism. Tübingen, 1867, p. 266. «6 For example, upon the building-charge of Patrons in Cone. Trid., Sess. XXI. c. 7, De Ref. Cf. Schulte's System of Can. Law., § no, p. 548, in German. ^ BenneUis loc. cit., pp. 741-744 92 A lleged Errors and discovered doctrine of attrition " (preface xxvii.), is nothing more than a prohibition to censure one of two opinions ventilated in the schools.^^ The bull of Clement XI. against Quesnel,^^ as well as the decisions of Benedict XIII. and of earlier Pontiffs against Jansenism, are received in the whole Church ; and against this universal acceptance the protest of a handful of sectaries counts for nought. And I am at a loss to understand how a Catholic theologian can say, that by the condem- nation of the Five Propositions of Jansenius, Innocent X. began a controversy '* which lasted for upwards of a century, and has never found a solution'' (p. 414). Janus, with his friends of this school, might have also represented Pope Clement XL, on account of his Easter homily in 1702, as an Eutychian. ^Groundless as such an imputation would have been,^° still, it could not have failed to exercise a great influence on his readers. I have gone through in chronological order the motley, confused mass of instances of alleged Papal contradictions and errors, to which others of equal value might easily have been annexed.^' If our scholar had solidly refuted all the exceptions of the Papal advocates, he might then have boasted of a service rendered to learning. But merely to copy down, without almost any regard to the rich treasures of ecclesiastical literature on this sub- ject, old accusations, is not to advance in any way either the interests of science, or the interests of ^ Denzinger loc. cit., n. 93, p. 322, ^^ Ibid., n. loi, p. 351, seq. ''*' Bennettis loc. cit., pp. 744-746. ''^ For example, the concession of Pope Innocent VIII. to the Norwegians to make use of water instead of wine in the sacrifice of the Mass ; Pope Martin the Fifth's pretended dispensation in the first degree of consanguinity ; the sale of indulgences under Pope Celestine V. and Boniface IX. See thereupon Benettis loc. cit., pp. 722, 735. 738. Contradictions of the Popes. 93 the Church. It is only dust which has been thrown in the eyes of a pubhc totally unacquainted with theological works, either of ancient or modern times ; but not a single scientific opponent has been con- futed. CHAPTER VI. THE PRIMACY AND THE PAPACY. N the inquiries we have hitherto made, our object has been merely to prove that the " Infallibilists " have no reason to fear the wide deductions of the anonymous Janus. Less grounds have they for such appre- hension since our authors direct, for the most part, their attacks against the Papal supremacy itself^ quite in the same way as non-Catholic contro- versialists have ever done, and still do. For this assertion, in fact, abundant proofs are to be found in the book in question. " God has gone to sleep, because in His place His ever- wakeful and infaUible Vicar on earth rules as lord of the world, and dispenser of grace and of punish- ment. St Paul's saying, ' In Him we live, move, and are,' is transferred to the Pope." So we read at p. 39. " And many Protestants say also, Christ has ceased to govern, if He has appointed a visible vicegerent on earth."' When we are further told 1 Cf. the expressions of a Protestant in Bishop Ketteler's work, entitled " The General Council and its Importance for our Time " (p. 122, seq.) Nay, it would suffice to compare with Janus quite ordinary Protestant pamphlets. Out of the vast number kno^^m to me, I will point out but one, entitled "The Papacy and Chris- tianity ; or, A Proof that the Modem Papacy within the Christian Church has no just foundation : Words for the consideration of The Primacy and the Papacy. 95 (p. 64), " That for thirteen centuries an incompre- hensible silence on this fundamental article (namely, that the Pope of the day is the only vehicle of Christ's inspiratio?is, the pillar and the exclusive organ of divine trnth) reigned throughout the whole 'church and her literature; when it is added that none of the ancient confessions of faith, no catechism, none of the Patristic writings, com- posed /^r the religions iitstrnction of the people, con- tain a syllable about the Pope, still less any hint that all certainty of faith and doctrine depends on him only." — so we can only reply, that this out- pouring of the heart, if it should prove anything against the theory of Papal infallibility, tells equally against the doctrine of the supremacy of the Roman Pontiff, as defined in the Union Decree of the Council of Florence. This becomes still more apparent when, somewhat later (p. Z'j'), ''the silence of the ancient Church," in respect to the authority of the Pope, is strongly contrasted with the doctrine of his plenitude of power " which since the time of St Thomas Aquinas has been adopted in Catholic theology" (p. 86). But this doctrine all, even the most recent dogmatic theo- logians of Germany, have taught, without being obliged to take the inerrancy of the doctrinal de- cisions of the Pope as the basis of their teaching. If in earlier dogmatic works " no special treatise or locus'' was assigned to the article of Papal supremacy, this was formerly the case even with the article on the Church ; as, for example, in the celebrated work of St John Damascene, "■ On the all Christendom," by G. A. Wimper, Preacher, Bremen, 1854, p. 132. There are here points of contact enough with our Janus ; but I must pass them over. Luther's writing, entitled the " Baby- lonish Captivity," stands doubtless as the model of all such lucu- brations. 90 The Primacy and the Papacy, Orthodox Faith," from which so many have since derived their materials. But what conclusion are we thence to draw ? This the author may tell us ; but we, for our parts, have our own answer, which we shall later set forth. To this we may add, that Janus finds but very scanty testimonies for the supremacy of the Roman See in Christian antiquity (p. Z'f), Works in abund- ance, which fill whole libraries, have collected these testimonies ; but for our author, only very few are in existence. Many witnesses he entirely passes over, such as Optatus of Milevi and Prosper.^ The testimony of others he seeks to reduce to a minimum, such as those of Augustine^ and of Jerome;"^ even Ambrose belongs to the "silent ^ See the testimonies of both in Bennettis loc. cit., P. i,, t. ii., p. 297, seq., p. 313, seq. ^ Of Augustine he knows but one passage testifying for the primacy (in Ep. 43, nn. 3, 7) ; but even this he deems not to carry full weight (p. 88). But we may add to this many other passages ; for example, (Psalm, contra partem Donati) : Numerate sacerdotes vel ab ipsa Petri sede ; ipsa estpetra, quam nojt vincunt inferonim porta. Cf. Ep. 53, n, 1-3. De Bapt. c. Don,, ii. i : Quis nescit, ilium apos- tolatus principatum cuilibet episcopatui preeferendum ? Distat cathedrarum gratia. L. i. ad Bonif. c. I (Coust. p. 1 024) : Com- munis est omnibus nobis qui fungimur episcopatus officio, specula pastoralis, quamvis ipse in ea praemineas celsiore fastigio. De util. Cred. c. 17 : Romanae ecclesise nolle primas dare, vel summae profecto impietatis est vel pisecipitis arrogantiae. Cf. contra, Ep. Manich., n. 5, and our fourth chapter, n. 66. * That Jerome in essentials ranked Cyril of Jerusaleni (whom in his Chronicle he numbered among the Arians, and in his work De Script. Ecclesiae, c. 112, only very briefly treated of) — "that he ranked him as high as the Pope " (p. xxv.), is by no means proved. His words to Pope Damasus are not so easily explained away. Coustant. p. 545 : Cathedram Petri et fidem apostolico ore lau- datam censui consulendam . . . Profligato sobole mala patri- monio apudvos solos incorrupta Fatrum servatur hcereditas. P. 546. Ego nullum primum nisi Christum sequens beatitudini tuce (sc. Damaso) id est cathedra Petri communione consocior. Super illam petram cedificatam ecclesiam scio . . . Quicunque tecum non colligit, spargit, h. e. qui Christi non est, Antichristi est. P. 547, n. 4 : Decernite, obsecro, si placet, et non timebo tres hypostases The Primacy and the Papacy, 97 ones,"^ as well as "the most fertile of the Greek Fathers, Chrysostom."^ Many say nothing- of the privileges of the Roman Bishop ; but for those familiar with the mode of speech in Christian antiquity, it suffices that they speak of the privi- leges of the Roman Church/ Yet the many passages from the Fathers relating to this matter we will not here bring forward, as they can be cited in a more suitable place. Here it will suffice to remind the reader of the words of Pope Pius VI., embracing as they do almost all the testimonies of Christian antiquity, when, in the year 1786, in his condemnation of the work of Eybel, entitled, "What is the Pope.?" he pro- nounced them, with the assent and the joyous ap- proval of the whole Catholic world. " That on the solidity of the rock the Church was founded by Christ, and by an especial favour Peter was chosen by Him before the other Apostles, that with vicarious power he should be the prince of the apostolic choir, and that he should take upon himself the supreme supervision and authority — an authority to be transmitted to his successors in every age — for feeding the whole flock, for con- firming the brethren, for binding and loosing throughout the whole world ; this is a Catholic dogma^ which the whole Church hath received from dicere, p. 551. Si quis Cathedrae Petri jungitur, meus est. The Roman Faith is for him the true one (Adv. Rufin., b. i., n. 4), In like manner Cyprian (in Ep. 48, al. 45, ad Cornel, p. 132, Coust.) : Communicationem tuam, id est, Catholicce Ecclesire unitatem. ^ Cf. Dieringer in the Theol. Journal of Bonn, 1869, p. 561. ^ On Chrysostom, see for example, Pichler loc.cit., p. 123, seq., vol. i. ^ So, for example, when Gregory Nazianzen (Carm. de Vita Sua, p. 571, ed. Migne, xxxrii., p. 1063), calls the Roman Church, **ir/)öe5pos tQjv ÖXcjv," the president of all; and when Ignatius (Ep. ad Rom.) calls the same Church " irpoKad-qixivT] rijs äydirrfs," the one who presides in the covenant of love. G 98 The Primacy and the Papacy. the lips of Christ, which she hath handed down and defended by the continuous preaching of the Fathers, which she hath firmly held in all times with holy reverence, and often against the errors of in- novators, confirmed by decrees of Popes and of Councils. In this pre-eminence of the Apostolic See, Christ wished that the bond of unity should be firmly and strongly held, whereby the Church, destined to spread over the whole world, and to be composed of members ever so remote, should, by the union of all under one head, grow into a firmly knit body ; and so it should be brought about that the strength of this power should serve, not so much for the elevation of this See, as rather and most especially, for the inviolability and in- tegrity of the whole body. Therefore it is by no means to be wondered at, that all those whom in earlier ages the ancient foe of mankind has inspired with his hatred against the Church, should have been wont to direct their attacks against this first See, in which the solidity of unity is embodied ; in order that, after setting aside the foundation- stone, if possible, and after dissolving the union of the Churches with their head — a union which im- parts to them a special support, vigour, and pros- perity — they might rob the Church herself, mis- handled in this miserable way, weakened, and torn asunder, of the freedom bestowed by Christ upon her, and give her up to an ignominious servitude."^ But the primacy in itself Janus will not assail. " He distinguishes between the original germ of the primacy in the apostolic age, (why not in the time of Christ, or as laid down by Christ himself ?) and that colossal monarchy which, in the thirteenth and fourteenth centuries, presented itself before the deluded eyes of men as a work, that came ready- ^ Pius VL, Breve super soliditate, in the exordium. The Primacy a7id the Papacy. 99 i;nade from the hand of God." " The primacy, we are further told (p. xxi.), rests (and of that truth every Catholic is convinced, and to that conviction the authors of this book profess their adherence) ; the primacy, we say, rests on a higher (why not a divine ?) appointment. The Church from the first was founded upon it ; and the Lord of the Church ordained its type in the person of Peter (but did not establish it then). It has, therefore, from the necessity of the case, developed itself 7ip to a certain point!' But what, then, is this point which is not to be overpassed .'* Has the Lord of the Church typified \t also ? Who has fixed this point .'* Is it the ancient councils, or the scholars of the present day.? Does all ecclesiastical development cease at a certain defi- nite point .-^ We hear only: "That from the ninth century there occurred 2, fu7'tJier development — artificial and sickly rather than sound and natural — of the primacy into the Papacy, a transfor- mation more than a development : tJie presidency in the ChnrcJi became an empire, when, in place of the first bishop deliberating and deciding in union with his * brethren ' on the affairs of the Church, and setting an example of submission to her laws, was substituted the despotic ride of an absolute monarch " (p. xxii.) Thus the expressions, not immediately intel- ligible to many Catholic readers, become perfectly clear. The Papacy, in contradistinction to the primacy, is the despotic rule of an absolute mon- arch ; the primacy is the position of the first bishop, of the primus inter pares, of the guardians of the canons and of unity, of the president in the episcopal assembly.^ Far beyond this notion of the primacy does the holy Bonaventura go when ^ Febronius (Hontheim) de Statu Eccles., c. 2, § 4, lOO The Primacy and the Papacy. he writes : " One is the Father of Fathers, who is rightly called Pope (Papa), as the sole, first, and supreme spiritual father of all fathers, nay, of all believers, the most eminent hierarch, the sole bride- groom, the undivided head, the supreme high priest, the vicegerent of Christ, the source, the origin, and the rule of all ecclesiastical powers, from whom, as from the chief, and as his eminent dignity in the ecclesiastical hierarchy requires, descends the order of jurisdiction down to the lowest members of the Church." '° Far beyond this notion rises, too, St Bernard, when he ad- dresses Pope Eugenius III. thus:" "Who art thou ? The high priest, the supreme bishop. Thou art the prince of bishops — thou art the heir of the Apostles. Thou art Abel in primacy, Noah in government, Abraham in the patriarchal rank, in order Melchisedech, in dignity Aaron, in authority Moses, Samuel in the judicial office, Peter in power, and Christ in unction. Thou art he to whom the keys of heaven are given, to whom the sheep are intrusted. There are, indeed, other door-keepers of heaven, and other shepherds of the flocks ; but thou art the more glorious in proportion as thou hast also, in a different fashion, inherited before others both these names. The former have the flocks assigned to them, each one his own: to thee all are intrusted, one flock for the one. Not merely for the sheep, but for all the shepherds also thou art the one shepherd. Whence do I prove this t thou askest. From the word of the Lord. For to whom, I say not among the bishops, but among the apostles, have the whole flock been committed in a man- ^° Bonav. Breviloquium, P. vi., c. 12, p. 250, ed. iii. Cura Hefele Tub., 1861. Cf. in 1. iv.. Sent. Dist. 29, a. 3, qu. i. ^^ S. Bernard, de Consider., 1. ii., c. 8. The Primacy a7id the Papacy. i o i ner so absolute and so undistinguishing ? ' If thou lovest mc, Peter, so feed my sJiecp! What sheep ? The inhabitants of this or that city or country, those of a particular kingdom ? My sJieep, He saith. Who doth not see that He designates not some, but all ? Nothing is excepted where nothing is distinguished. The power of others is limited by definite bounds ; thine extends even over those who have received authority over others. Canst thou not, when a just reason occurs, shut up heaven against a bishop, depose him from his epis- copal office, and deliver him over to Satan ? (i Cor. V. 5). Thus thy privilege is immutable, as well in the keys committed to thee, as in the sheep intrusted to thy care." Again, Hugh of St Victor writes of the Pope : " He is called Papa, because he is the Father of the Fathers : he is called universalis, because he pre- sides over the whole Church : he is called Apos- toliciis^ because he holds the place of the Prince of the Apostles : he is called Sinnvnis Pontifex, be- cause he is the head of all bishops," '^ These are all clear enunciations of the genuine Papal system. But many of these names and predicates of honour had been long before attributed to the Popes, and even by the Orientals. Father of Fathers the Pope is frequently called by the latter, from the sixth century downwards.'^ In the same way he had ^2 Lib. i., Erud. Theol. de Sacramentis, c. 43. Cf. Serm. 64, de SS.Apostolis Petro et Paulo. ^'^ So he was called in the Synodical Epistle sent from Byzantium to Rome after the election of Epiphanius, in the year 520 (Mansi, viii. 504, seq.) ; so again by Stephen of Larissa (Thomassia loc. cit., II, nn. 3, 4) ; so, too, by Sergius of Cyprus, and other Orientals, in the year 649 (Mansi, x. 903, 913) ; and so by Theodore the Studite (L= i., ep. 33, p. 1017, seq. ; KopvcpatdraTO^ Trarrip iraripuv, "The supreme Father of Fathers." Photius (de Spiritü Sancto Mystagog., c. 81) opposes to the Latin Fathers Ambrose and Augustine, Popes Damasus and Celestine as Fathers of the Fathers. I02 The Primacy and the Papacy. long borne the title of Apostolic Father, and of Apostolicus/'^ But the title Vicar of Christ ap- pears to many strange ; and Janus (p. 159) observes that earlier, and even down to the end of the twelfth century, the Pope called himself the Vicar of Peter, Vicarius Petri, but that from the time of Innocent III. the title Vicar of Christ has quite superseded the ancient one. But here the fact is overlooked that the ancients used the words *' vica- rius and successor," vicar and successor, as synony- mous ; ^s a vicar could be not only the representative of a living, but also the successor in office of a deceased person ; ^^ that all bishops and pastors were once called vicars of Christ ; '^ while the name *' Vicarius Petri " designated the heir of the Apostle endowed with special prerogatives ; ^^ so that we can well conceive the Pope, as holding immediately the place of Peter, and mediately the place of Christ. Yet, though more rarely, the Pope, even from the fifth century, is designated also as the ^* Theod, Stud., L. i,, ep. 34, p. 1025. Anastas. Bibl. Prsef. in Cone. viii. Apostolatus vester in Paschas, ep. ad Leon. I. (Leo. ep. 54). Paulin. Diac. libell. ad Zosim, p. 960. Vide Coustant Praef. in epist. Roman. Pontif., p. xi., n. 15. The expression, Sedes Apos- tolica is, in St Augustine, synonymous with the See of Rome, as also in St Athanasius (Hist. Ar. ad mon., c. 35 ; ed. Migne, t. xxv., 734), 6 dTTOtrroXt/cos 9p6uos, the Apostolic See. ^5 Pope Gregory the Great (L. i., ep. 4,) calls the newly-elected Bishop of Milan, Vicarius S. Ambrosii. Cyprian (Ep. 68, al. 67, Coustant, p. 215) writes to Stephen, "Qui vicarius et successor eorum (scilicet Cornelii et Lucii) factus es." ^^ The Legates in Councils are called Vicarii (in Greek ToiroTTjprjra!) Austas. Bibl. /oc. cit. Vicarius is in general qui vices alterius gerit, who fills the place of another. Cf. Leo M., ep. 93, c. i. ^^ Cypr. ep. 55, ad Cornel, (p. 177, Const.) : Neque aliunde haereses obortae sunt aut nata Schismata, quam dum (inde quod) sacerdoti Dei non obtemperatur, nee unus in ecclesia ad tempus sacerdos et ad tempus judex vice Christi cogitatur. Hormisd., ep. 25, n. 2 : Christi vicarii sacerdotes. Regula S. Bened., c. 2 : (Abbas) Christi vices agere creditur. ^^ Coustant, loc. cit., P. x., n. 14. The Primacy and tJic Papacy. \ 03 Vicar of C'lirist."' The failliful have no (lifficulty in rc^ardinj.^ him as tlic one wlio, in Clirist's place, j:jüverns Cliristentloin. Janus thinks, indeed (p. 40), " it is but one step from this, to declare the Pope an incarnatir)n of God." liut this is surely a lon^ step, indeed ; for nowhere lias been attributed to a vicej^jerent full equality with the head, from whom all his powers emanate. In the substitute we require, only in so far as is requisite, the quali- ties of him wh(jse place he fills. When we find, how already, in the sixth century, the idea of the Pope was a most exalted one — the highest which can be conceived of man^° — .so wcare led to rej:(ard the transition from the Primacy to the Pai)acy (in S(j far as such ever took place), as one of very early occurrence. If we seek for a further exiilauation, we are told "that the form which this primacy took, dcpi tided on tlic concessions of the particular local ckarekes, and was never, therefore, the .same everywhere, actinj^ within certain fixed limits i)rescribed by law" (p. xxiii.) We do not for the j)resent ask, what doctrinal and historical pnjofs can be adduced •'^ In the acclamations of l>isho|)S and priests to Cidasiiis : Vica- rium Christi tc vidcinuH, A[Jost(jlurn I'ctniin tc vidcmiis ((icias. cp. 27, n, 15), In tlic Kc)man Synod of the year 531, under I'oi)e Boniface II, : Neqiie fas est, ut a ciilrnine Apostolatfts vestri in aliquo dissentiamus, qiH*m videlicet. i])ie (Jliristus Dominus nostei oiMiiiuin no.lniiM adnin'tn \wiin in Icrris esse voluit caput. Anas- tasius the Librarian says (i'nef. ad vit. S, Joh. ICIeeni, ad Joh. viii.), Non fas est, ut al>s<|ue vicario Di'i, n/is(/iu' clavii^fto Cirii, .... absque univcrsali I'ontifice .... aliquicl consummetur aut divul^jetur. Ilincinar of Kheinis(I'r;ef. .id Nicol. I.^says, I'ontifex Konianus virem in tcrris possidet Av, neque fas est, ut absque l^irario J)ei^ absque ur»iversiiali I'onlifice .... aliquid in reljus fidei et nnorum con- HUinmetur aut divul^^jetur. IJeiinettis, I'. l,t. 1 1, p. 337. .Sec also thz qiiihis et Apostoli quotidie sedcnt et cruor ipsoram sine intermissione Dei gloriam testatur, &c. . . . placuit etiam a te qui majores dioeceses tenes per te potissimum omnibus insinuari. Coustant, p. 345, seq. Ilagemann, p. 561, seq. ^"^ Jul. ap. Äthan. Apol., c. 35, (Migne xxv. 308) : •^ a.'yvoei.Te, 8ti TOVTO idos (Nie. c. 6) irpörepov ypd^eadat ijfjuu Kai ovtcos evdev öpli'ecydac TO, StKOitt ; Are you ignorant, that this is the custom (old custom, as Nie. can. 6) first to write to us, that thence what is just may be decreed? — Tr. -" Dam. ep. ad Orient. Theod. HE. v. 10, Coustant, p. 517. Jafife n. 59 : otl rfj diroaToXiKrj Kadedpa tt]v ö(pei\ofj.evr]i> aiSQ rj dyd-rrrj vfxQv dirov^fiei k. t. X. That your charity accords to the Holy See the due reverence, &c. — Tr. H 1 1 4 The Primacy and its Development. Greek historians ; ''^ in the second place, the con- fession presented to the Pope by Valens and Ursacius, wherein they assert that they have re- ceived pardon from him ; " in the third place, the efforts of the Emperor Constantius to bring over to his side the Pope Liberius, above all, who had been so long steadfast ; ^^ and in the fourth place, the steps taken by the semi-Arian bishops of the East to obtain the recognition of Rome ; ^^ fifthly, the decrees issued by Pope Damasus against various heresies, — decrees which were subscribed by the bishops of the province of Antioch, and obtained great authority in the whole Church ; ^^ sixthly, the request of St Basil to Athanasius to send, by reason of the calamities of the East, en- voys to the West, where he was held in the greatest consideration, and from which help was more im- ^^ Socr, II. 17, al. xi. ; 5e, are trpovbixta ttjs h "P(h[iri eKKKijaias fXoiJcrv^) irapp-qcnaffTLKOLs ypcLfi/xaaiv (hxvp., sui nominis et honoris auctorem, re/err e debere., &c. Ep. 37, n. I, p. 910 . Mirari non possumus dilectionem tuam sequi instittita majoriun, omniaque, qua; possunt recipere aliquam dubitationem, ad nos quasi ad caput atque ad apicem episcopatics refer re, ut consulta videlicet Sedes Apostolica ex ipsis rebus dubüs certum aliquid faciendum pronunciet. •*^ Cone. Sardic, ep. ad Jul., n. i, p. 395, Const.: Hoc enim optimum et valde congruentissimum esse videbitur, si adcaput^ id esty ad Petri Apostoli Sedem, de singulis quibusque provinciis Domini referant sacerdotes. Cone. Milevit, anno 416, ad Innoc. I., ep. 27, n. I, p. 873 : Quia te Dominus gratice suae praecipuo munere in Sede Apostolica coUocavit, talemque nostris temporibus prtestitit, ut nobis potius ad culpam negligentioe valeat, si apud tuam venera- tionem quae pro ecclesid suggerenda sunt, tacuerimus, quam ea tu ])ossis vel fastidiose vel negligenter accipere, magnis periculis in- firmorum membrorum Christi pastoralem diligentiam adhibere digneris. Cone. Ephes. ep. ad Coelestin. Papam. (ep. 20, n. i, p. 1 165) : iireior) expv" onravTa eh yvQxxiv ttJs (r??s baiörriTos avev^- xdrjvai TO. irapaKoKovdrjaavTa ; since it was necessary that all the things which have ensued should be brought to the knowledge of thy Holiness. ^ Cyrill of Alexandria writes in the year 430 to Pope Celestine (Caslest. ep. 8, p. 1085, Const.) that he would have observed silence, could he have lawfully done so, and had it not been his duty to write to the Pope upon existing controversies, especially in matters of faith ; but old ecclesiastical usage requires (rd fx.aKpä tQu e/c- K\rj P- 835. Bonifac. I., ep. 4, ad Ruf. p. 1019. Sixt. III., ep. 2, n. 2, p. 1238, seq.; ep. I, n. 5, p. 1235. Leo M.,ep. 104, 105. Ballerini Admonit. in Leon. M., ep. I, 2, § 4, t. i., p. 578. Gelas. ep. ad Euph. Mansi. viii. 5. ^^2 Alarms Mercator Commonit., c. 2. Zosim., ep. 2, n. 2, p. 944. Facund. Plerm. vii. 3. Natal. Alex. HE. Scec. v., Dissert, ii. ^^3 Hefele IL, 315, seq. 329. Eutych. ep. ad Leon (ep. 21). Cf. Leo, ep. 23, ad Flav., c. i. Eutyches said, " Libellum appellationis se obtulisse nee tarnen fuisse susceptum." Leo desires further infor- mation, "Quoniam nihil possumus incosi^nitis rebus in cujusquam partis praejudicium definire." Cf. Bennettis, t. ii., P. iii., p. 404, seq. 136 The Primacy and its Development. epistle to the patriarch Anatolius, reserve to himself judgment on the heads of the Eutychian heresy ? ""^ and Theodoret request of the same Pope his re- storation, and, in virtue of the Papal sentence, obtain his seat among the Bishops of Chalcedon ? "^ Moreover, the correspondence carried on during the Acacian controversy, clearly shows, in despite of Byzantine resistance, the higher power of the keys possessed by the Bishop of Rome. Hereby we may explain what is further said : — (7.) "The Bishops of Rome could exclude neither individuals nor churches from the Communion of the Church Universal. They could withdraw their own Church from communion with particular bishops or churches, and they often did so ; but this in nowise affected their relation to other bishops or churches, as was shown, among other instances, by the long Antiochene Schism from 361 to 413. And, on the other hand, if they admitted into their own Communion one excom- municated by other churches, this did not bring him into communion with any other church" (p. 81). As regards Meletius of Antioch, who long passed for an Arian, the Orientals, who were devoted to him, regarded the Westerns as ill-informed in the matter,"^ and exerted their utmost endeavours to procure for him the recognition of Rome. But Meletius, as well as his rivals, uniformly asserted that they were ever in the communion of Pope Damasus ;"' and afterwards the orthodoxy of Meletius,"^ as well as of Paulinus, was acknow- ^^^ Leo, ep. 85, c. 2. "5 Hefele II., 371, 406, seq. ; 423, 459, seq. Natal. Alex. Saec. v., dissert, xiv. '^'^^ Basil., ep. 214, ad Terent. Com. c. 2. Migne xxxii. 785. ^^'' Hier, ep. ad Damas., p. 551 ; Meletius, Vitalis atque Paulinus tibi hcerere se dicunt. ^^^ Meletius, in the year 378, subscribed the tome of Pope Dama- The Primacy and its Development. \ 3 7 ledged. The patriarch Flavian, raised to the place of the former in the year 381, and whom, after the death of Paulinus, Evagrius opposed, obtained even the communion of Rome and of Alexandria long before 415, and about the year 398. "^ This schism, a consequence of the Arian commotions, is rather a proof for the reverse of what our opponents assert ; and in nowise can a rightful claim be de- duced from it. (8.) "Fora longtime nothing was known in Rome of definite rights bequeathed by Peter to his succes- sors. Nothing but a care for the weal of the Church and the duty of watching over the observance of the canons was ascribed to them" (p. 81). ^wX. every 0^7//^ establishes definite rights also, and the object of the primacy, which is the preservation of ecclesiastical unity, requires corresponding means. It was, therefore, not even necessary that the special definite rights of the successors of Peter should be determined. What the Papal legate, Philip, declared at Ephesus in the year 431,'^° met with no contradiction, and expressed but the firm conviction of the Roman Church. If the Popes appealed to synods, this they did without wishing to call in question the derivation of their power from Peter, which, on the contrary, these same Popes prominently brought forward. But Leo I., we are told, did not venture to contradict sus of 369, Coustant, p. 500. Hefele I. 718, not. in Nat. Alex. HE. Srec. v., diss, xxxiv. ^^'^ Vales, not. in Theod. HE. Scec v. 23. Soz. viii. 3. Dollin- ger's Manual of Church History, i. 91. 120 «« jj. jg ^ matter of doubt to none, nay, it is known to all ages, that the holy and blessed Peter, the President and the Head of the Apostles, the pillar of faith, and the foundation of the Catholic Church, received from our Lord Jesus Christ the keys of the King- dom of Heaven. . . . His successor and vicar, the holy and most blessed Pope Celestine, has, in order to supply his presence, sent us to this holy Synod." Cone. Ephes. act. iii. Mansi., t. iv., p. 1295. 138 The Primacy and its Develop7ne7it. the Council of Chalcedon in its twenty-eighth canon, which asserted that it was the fathers who had adjudged the primacy to Rome, and that on account of the pohtical pre-emiinence of the city (p. 82). But if Leo more immediately opposed the exaltation of the see of Constantinople above those of Alexandria and of Antioch, (for the Roman primacy was not disputed, '^^ but only inaccurately explained) ; so he still protests against this last declaration also ; for he shows that secular pre-eminence could establish no ecclesiasti- cal one ; that Constantinople is indeed an imperial city, but not an apostolical see ;'^^^ and he makes use of his high prerogative, as -' by the authority of Peter" he rejects and annuls this canon/^^ The edict of Valentinian III., under the date of the 8th July of the year 445,"-^ states, as the legal titles of the Roman primacy, in the first place the merits of St Peter, next the dignity of the city, and the authority of the synod, and characterizes the conduct of Hilarius of Aries as an act of disobedi- ence and rash usurpation. The sentence of Leo/^^ which, moreover, was thoroughly justifiable, would be fully valid without, as is said, the imperial sanction ; but this had been rendered necessary by the continued armed resistance. This edict, according to Janus, if it had obtained full force, would have transformed the whole constitution of the Western Church as it then stood ; and luould thus J lave rendered a ps endo -Isidore snperflnons. ^^^ TTjOo irdvTOJV TO, TrptJTeta KbX rrjv i^aiperov rifiriv, " pre-eminence above all, and exalted dignity," is what even the imperial com- missioners in this transaction adjudged to the Pope. Cf. Hefele II, 524. ^^2 Leo, ep. 104, c. 3, p. 993. ^2=* Ibid, ep. 105, c. 3.» ^"* Ibid, ep. II, p. 636, seq. ' ^^^ Ibid, ep. 10, ad. Episc. Gall., p. 628, seg. The Primacy a7id its Development. 1 39 But that this edict did not come into force, so far as regards submission to the authority of the Roman see ; that it was an innovation, and had not for its object, as it declares, the protection of old ecclesiastical usage, is by no means proved. That Leo, in dealing with the Orientals, appealed, in the first place, to the sixth canon of the Nicene Council (p. Z^^, was grounded on the fact, that he conceived himself bound to protect chiefly the rights of the sees of Alexandria and of Antioch, while his own primacy, not directly assailed, remained unshaken. That the opposition he and his successors offered to the innovation made at the Council of Chalcedon remained fruitless, is utterly false. Anatolius himself acknowledged that the confirmation was reserved to the Papal power ;'"^ the Emperor Marcian sought to curb the ambition of his patriarch ;'^^ the collections of canons down to John Scholasticus, who, like Theodore the Lector, knows only twenty-seven canons, did not receive the twenty-eighth canon. "^ It was only much later that any one ventured to appeal again to this canon. (9.) " What was afterwards called the Papal system, when first proclaimed in words only, was repudiated wnth horror by that best and greatest of popes, Gregory the Great" (p. 83). But this distinguished Pontiff, who in opposition to the Byzantine patriarch of his time, did not wish to be called " QEcumenical," ^'^ and who ever displayed ^-^ Anatol., ep. 142 Leon, c. 4 : cum et sic gestorum vis omnis et confirmatio auctoritati vestroe Beatitudiiiis fuerit reservata. ^2'' Leon, ep. 128-134, ad. Marc. ^-^ Theod., Lect, L. I, p. 168, ed, Migne. Ballerin. de antiqu. canon, collect. P, i., c, 2, n, 2, seq. Diss. i. Quesnell. a. 451, n. 14, p. 269. Pilra Monum. i., p. 534. 129 Qf Thomassin. op. cit., P, i., L. i., c. II, n. 10, seq. Maur in edit. 0pp. Greg, ÄL Vita S, Gr., L, iii., c. i. 140 The Primacy and its Developinerit. the greatest personal humility, was very conscious of his own rights and dignity. He knew well, indeed, that all bishops, even that of Constanti- nople, are subject to the Apostolic see ;'^° he knew that to Peter, the prince of the Apostles, was committed, by the mouth of our Lord, the care of the whole Church j'^' like many of his predecessors, he puts Peter and the Pope exactly on the same footing ; for to come to the Apostolic see, signifies with him to come to Peter. '32 He firmly adhered to his right of receiving appeals from the whole Church ;'^3 rebuked the rigid excesses of bishops, as in the case of the Iconaclast, Serenus of Marseilles ;^^-* like former Pontiffs, appointed Vicars Apostolic \^^^ examined into the conduct of bishops ;^^^ and so forth. The substantial power of the Primacy is found in the acts of Gregory also ; and many rights were exercised by him which Janus denies to the earlier popes. 10. ''There are many National Churches which were never under Rome, and never even had any intercourse by letter with Rome, without this being considered a defect, or causing any difficulty about Church communion " (p. 84). With such Churches ^^° L. ix., ep. 12, p. 941, ed. Paris 1705. ^^^ L. v., ep, 20, p. 748. ^^2 L. ii. ep. 53, p. 619, Beitnettis, P. i., t. i., p. III. Cf. Pichler i., p. 128, who (in note 2) at the same time observes, that ahhough Pope Gregory I. has so zealously sought to protect the rights of his fellow-bishops, tliat he many times seems to sacrifice his own, yet the writing of the abbe Guettee (La Papaute moderne condamnee par le Pape S. Gregoire le grand, Paris, 1 861) goes much too fai". ^^^ L. iii., ep. 53 ; L, iv., ep. 132 ; L. v., ep. 18 ; L. vi., ep. 14, 17, 66, ; L. vii., ep. 5-34; L. vi., ep. 24, ad ep. Ravenn. ; Causa, quae a Johanne presbytero contra Johannem Constantin. . . . orta est, secundum canones ad Sedem Apostolicam recurrit, et nostra est sententia definita. ^•^^ L, ix., ep. 105 ; L. xi., ep. 13. ^^^ L. ii., ep. 22, 23 ; L. v., ep. 53-55, &c. ^^ L. i., ep, 77 ; L. ii., 24 ; L. iii., ep. 40 ; L. iv., ep. 10, &c. The Primacy and its Development. 141 is classed, in the first place, the Armenian Church. We will not here adduce what Armenian writers have observed respecting the earlier connexion of that Church with Rome.^^' We only assert, that before Armenia, for the most part, fell into the Monophysite errors, and thus its Church became heretical (and so cannot here come under con- sideration), it was under the jurisdiction of the See of Caesarea,'^^ and thereby mediately united with Rome. A more active intercourse was prevented by intestine wars, and by the Persian conquest. In the second instance alleged, that of the Persian Church, so grievously persecuted, and at last utterly extirpated, this was still more the case. The sus- picions of the rulers, the religious fanaticism of the fire-worshippers, and the magnitude of the persecu- tion, must here be taken into account. Who could regard the present severance of the Polish Catholics from Rome, as a fact proving the proposition, that an union with the Papal See is not necessary to Catholicity ? Thirdly, with respect to the Ethiopian Church, it stood through the See of Alexandria (until it embraced the Monophysite heresy), in a mediate connexion with Rome. Fourthly, that the old Irish Church was for centuries separated from Rome, has been disproved by Dr Greith, bishop of St Gall. '^9 And lastly, with respect to the ancient British Church, which had very much degenerated in the times of Pope Gregory the Great, the answer is likewise given in historical data.'-'° ^37 Samueljan's " Conversion of Armenia," Vienna, 1S44. Theo- logical Quarterly Rrciew, t. v., p. 546. Tübingen, 1846, ^"^^ Le Quien Oriens Christianus, i., 1355, Neander's Ch. Hist., i., 469. 1=^9 History of the Old Irish Church. By Charies John Greith, Bishop of St Gall, vol. i., especially p. 453, seq., Freiburg, 1867 (in German). ^^ Dollinger's " Manual of Church History," i., p, 62, seq. 142 The Primacy and its Development. Janus continues : '' If we put into a positive form this negative account of the position of the ancient Popes, we get the following picture of the organ- ization of tiie ancient Church : — Without prejudice to its agreement with the Church Universal in all its essential points " [but in these matters the five National Churches did not seem to care much about the Church Universal], ''every CJmrch manages its ozuri ajfairs with perfect freedom and independence'' [just as in the fifteenth section of the Prussian Con- stitution of the 31st January 1850, which thereby receives an antique stamp, as the old Constitution of the Church looks so very modern], *' and main- tains its own traditional usages " [with regard to rites there was later also perfect freedom allowed] " and discipline ; all questions not concerning the whole ChnrcJi, ox oi primary importance'' [these two exceptions, as our previous investigation shows, are well and prudently put], "being settled on the spot. The Church is organized in dioceses, provinces, and patriarchates ; National Churches were added after- wards in the West " (p. 85). Certainly the organization in patriarchates is not primitive, nor does it belong to the first ages of Christianity ; and if the later development of the Papacy could establish no right, can such a claim on behalf of the patriarchates be yet set up ? Would it not be here necessary to assign a terminus fixiis, which for both should be uniformly maintained as a terminus normalis? Do we not expose ourselves to the suspicion of arbitrary caprice, when, accord- ing to pleasure, we recognize even in the fifth, sixth, seventh, eighth, and ninth centuries the validity of historical claims ? But this is said only in passing. Our historian of those happy old times teaches us further : " The bishop of Rome stands at the head as first patri- The Primacy and its Development. 143 arcJi " [he stood at the head before the name of patriarch had even been heard of], " as the centre and representative of unity" [how fared it then with the five National Churches, who knew nothini^' about him ?], "as the bond uniting east and west, the Churches of the Greek and Latin tongue, the chief watcher and guardian of the, as yet very few, com- mon laws of the Church — for a long time only the Nicene ; — but he docs not encroach on the rights of patriarchs, metropolitans, and bishops. Laws and articles of faith, of universal obligation, are issued only by the whole Church, concentrated and repre- sented at an CEcumenical Council " (p. 85-6). How the Church could have been served by a head and a centre of unity " not encroacJiingl' that were yet a matter of inquiry ; but we have, on the contrary, found a head manywise encroaching, while the paragraphs of the Ecclesiastical Constitution re- specting CEcumenical Councils, as alleged by Janus, are to be found in no ancient canon, but are simply to be deduced from practice. But why should not practice be decisive in the case of the Popes also t CHAPTER VIII. ROMAN FORGERIES. ^ITHERTO we have adduced In favour of the Papal Primacy, only documents acknowledged to be genuine ; and the inference to be drawn from these must be apparent to every reader. But as the full account of the forgeries made in favour of the bishops of Rome has been characterized as one of the chief services of Janus/ it is worth while to cast an inquiring glance into this matter. We do not regret that the naive poesy of the old Christian times has long disappeared, and that the severest historical criticism has been arrayed against it. But since the extinction of the school of the Romanticists, one-sided, doubtless, but still full of feeling and of intellect, the understanding for that poetry has by degrees disappeared, and men are no more satisfied with eliminating the spurious and the interpolated, nor with investigating times, places, authors, and circumstances ; but even entire ages are recklessly stigmatized as epochs of bar- barism and darkness, of conscious fraud, and in- tentional falsification ; while they are measured exclusively by the standard of the present, and no grounds of palliation are in anywise admitted. ^ Allgeme'me Zeitung, 3d October, App., n. 276. Roman Forgeries. 145 Even pseudo-Isidore once found an apology, in so far as his compilation was calculated to furnish the proof, " that there are times in the history of the Church, wherein supposititious books contained far more Christian sense and spirit, than in our days the greater part of genuine works.'"" Independently of the apocryphal gospels and his- tories of the apostles, the Sibylline, Orphic, and other verses, the pseudo-apostolic and pseudo-Clementine literature ; Christian antiquity had many sagas and legends, which certainly did not all spring from heretics, attaching, as they did, to the apostles, to celebrated martyrs, and their adversaries. Al- ready, in the period of the Christian persecutions, the narrative of the contest of the apostle Peter v^rith Simon the magician in Rome, had been worked up, and was widely diffused. Must all these legends have been wicked inventions and conscious forgeries 1 This our historians appear to assume, when (p. 123) they speak of the compilation of spurious acts of Roman martyrs, begun towards the end of the fifth century, and continued for some centuries, and '' which modern criticism, even at Rome, has been obliged to give up ;" after they had previously spoken of the process of forgeries and fictions, '' carried on in the interests of Römer Was then Rome, pre-eminently the city of mar- tyrs, to be still more glorified by these inventions? This she certainly needed not. Historic docu- ments, and the Catacombs, sufficed to insure to her this glory. Edifying and entertaining legends sprang up everywhere, and in the countries of the East also. We can examine those forgeries only which can be stated as, in some degree, invented for the 2 Möhler on the Pseudo-Isidore. Miscellaneous AYiitings, edited by Döllinger, vol. i. p. 284. K 146 Roman Forgeries, exaltation of the Papal power. Strictly considered, the saga of the conversion and the baptism of the Emperor Constantine by Pope Sylvester, with the legends connected therewith,^ and which was after- wards adopted by the Greeks also, does not belong to this class of fictions. It responded to the reli- gious feelings better than the record furnished by Eusebius ; it could serve for the glorification of the emperor, as well as of the Roman Church, but not for the extension of the Pontifical power. The Gesta Liberii followed, with the object of confirm- ing the fable of the Roman baptism of Constan- tine, and of representing Liberius as a Pontiff purified by penance, and favoured by a divine miracle (p. 124).^ But we must look for forgeries of a weightier purport. For a right treatment of the subject, It were im- periously necessary to have followed a strict chronological order, especially as Janus (p. 117) asserts : " Like the successive strata of the earth covering one another, so layer after layer of for- geries and fabrications was piled up In the Church." Instead of this method, Janus proceeds^ without any regard to the order of time, springing arbi- trarily from one statement to another. At p. 94, he speaks of pseudo-Isidore ; then old and new are brought together in a motley group ; no reader not perfectly familiar with the subject can find his way ; everything is piled together ; misrepresen- tations of genuine texts, substitution of spurious ones, various readings, and erroneous interpreta- tions. Even the form of exposition shows that the whole object of the work is a purely polemical one, and that the position of the author, or rather 3 Cf. Döllinger, Papstfabeln, p. 52, seq. •* Ibid., p. 112, seq. Roman Forgeries. 147 authors, is that of party men. Everything, whether suitably or unsuitably, is brought against the hated theory of Infallibility, as in pages 96-100, seq. Yet the separate stones are to be shown us, out of which the whole papal system of universal monarchy was erected. " For a long time all that was done was to interpret the canon of Sardica,^ so as to extend the appellant jurisdiction of the Pope to whatever could be brought under the general and elastic term of 'greater causes.' But from the end of the fifth century the Papal pretensions had ad- vanced to a point beyond this, in consequence of the attitude assumed by Leo and Gelasius ; and from that time began a course of systematic fabri- cations, sometimes manufactured in Rome, some- times originating elsewhere ; but adopted and utilized there" (p. 122). Above all, our historian alleges that the Roman legates at Chalcedon, in the year 451, appealed to the sixth Nicene canon, with an additional clause about the Roman Church ; but that the deceit, to their confusion, was discovered by the reading of the genuine text (p. 123). But such a "confusion" of the legates is, as Hefele has shown, ^ not to be proved from the acts ; it is certain that the Emperor Valen- tinian III., in the year 445, knew of that clause, and several ancient Latin codices have the read- ing ;^ then it can be shown that the main views in that Canon, in regard to the power of the Eastern patriarchs, have for their basis the recognition of the Roman primacy.^ But that a forgery of the 5 The matter hereto belonging was commented on in the preced- ing chapter, where also is to be found an appreciation of the other assertions. ^ Concil. i., p. 384, seri. ii., p. 522 seq. '' Valent. ed. s. ep. II. Leon. M. Prisca ap. Manji. vi. 1127. * Hagemann, loc. cit, p. 596-59S. 148 Roman Forgeries, sixth Nicene Canon did not proceed from the Popes, and that they knew of no Nicene Canon touching the primacy, the assurances given by them befolge and aftei' the year 45 1 show that the first General Council contained nothing upon the Papal supremacy, founded as it had been by the word of Christ himself.^ The spurious Arabic Canons of this Council only prove that, even among the Orientals, the recognition of the Roman primacy was not utterly extinct. They were certainly not fabricated by Rome.'° Towards the end of the sixth century there was a fabrication of Cyprian's book on the Unity of the Church — a fabrication made in Rome, and, indeed, in a letter of Pope Pelagius IL to the Istrian bishops, because his words on the equality of the apostles were in too glaring a contradiction to the theory set up since the time of Gelasius (p. 127). But why were the latter words not rather expunged here as well as in other writings ? Why were merely some words here inserted, which, moreover, contain nothing but what has been elsewhere, and even more distinctly, expressed by Cyprian ? " The genuine text says enough with these words : tamen ut unitatem manifestaret, unitatem ab uno incipientem sua auctoritate disposuit. . . . Exor- dium ab unitate proficiscitur." The inserted words ^ Bonif. I., ep. 14, n. i, p. 1037. Nicoenae Synodi non aliud prse- cepta testantur, adeo ut non aliquid super eum ausa sit constituere, cum videret, nihil supra meritum suum ei posse conferri ; omnia denique huic noverat Domini sermone concessa. Gelas. ep. 33. (See above, chap, iv., note 47.) 1" Hereto belong Can. 39 Turr. ; Can. 44 Labbe. t. ii. Cf. Eennettis, P. I., t. i,, p. 145, 146. Respecting the discovery of these canons, see Hefele Cone, vol. i., p. 345, seq. ^1 Möhler's *' Patrology," p. 862, note. Lumper Hist., crit. xi., p. 413-418. ^^ Corp. Script. Eccles. Lat, editum consilio et impensis acad. lit. Goes. Vindob., vol. iii., P. i. Cypriani 0pp. rec. Gulielmns Hartcl. Roniajt Forgeries. 149 are, indeed, nothing more than the marginal note of a copyist or reader, which afterwards crept into the text,'^ whereof we have many hundred ex- amples. Such a Codex Pelagius II. might have had before him ; and nothing justifies us in here assuming an intentional forgery. That Cyprian, in despite of his controversy with Pope Stephen I., can not be regarded as an opponent of the Roman primacy, has long been proved. ''^ It is also not true, that the equality of all the apostles can in no way be reconciled with "the theory set up since the time of Gelasius." ^^ Lastly, it is a most arbitrary assumption to speak like Janus (p. 127-8), on the relation of the fourth and of the fifth divi- sion of the catalogue of Gelasius, in reference to the judgment on Cyprian's writings.'^ "But already, at the beginning of the sixth cen- tury, some very effectual and gradually acknow- ledged fictions were put forward in Rome, which were to establish the maxim, that the Pope, as the highest authority in the Church, can be judged by no one" (p. 103 G.) For this purpose, and in order to keep off secular judges, the pretended Synod of Sinuessa, the Constitutum Sylvestri, the Vindob. 1868, p. 212, de Cath. Eccl. imitate, c. 4. The Munich Codex (p. 208, sec. ix., x.) has the interpolated words. Cf. also Constant, Praef. in ep. Rom. Pont., P. i., note, 7, 8, p. 4-6. ^^ Cf. Alzog Patrology, second ed., p. 170 (in German.) ^* Prudent. Maran. Priefat. in 0pp. Cypr., § 3, Card. Gerdil Confutazione di due libelli contro il Breve : Super Soliditate, P. i. (0pp. ed. Rom. xii. pp. 69-77.) Schwane's " History of Dogmas in the Ante-Nicene Period," Münster, 1862, p. 724, scq. ^^ The unlimited and universal jurisdiction of the apostles appears as an extraordinary legatine power not to be transmitted ; while in Peter it formed an ordinary and transmissible power. So thinks the Gallican Natalis Alexander (Hist. Eccl. Seec, § i ; Dissert iv., § 4), to- gether with many theologians. Very copiously has Passaglia treated this matter (De Eccl. Christi., vol. ii. Ratisb., 1856. Lib. iii., c. 9, seq.) Cf. Constant, loc. cit. ^" Cf. Hefele Cone, ii., § 217, p. 597, sei.; ^oi> ^^^- i=^o Romaii Foi^geries, Gesta Xysti III., and of Polychronius, were fabri- cated during the pontificate of Pope Symmachus, who flourished from 498 to 514; and these fabri- cations had reference to the attitude of Rome towards the Church of Constantinople (p. 124). These documents are indeed spurious ; '' but do they justify the conclusion that the maxim ** prima Sedes a nemine judicatur " was first introduced by them ? If the maxim were so new, it would be a matter of astonishment that so many Italian bishops, and among them those of Milan and Ravenna, should, in the year 501, have afiirmed it in a Roman synod ; and likewise, that the Church of France, under Avitus of Vienne, should have sanctioned it/^ Janus even says, "that Pope Gelasius, about 495, for the first time insulted the Greeks, and their 28th Canon of Chalcedon, by affirming that every Council must be confirmed, and every Church judged by Rome ; but she can be judged by none. It was not by canons, as the Council of Chalcedon afiirmed, but by the word of Christ, that she received the primacy" (p. 125).'^ The holy Pope Gelasius yet belongs to the wit- nesses of the first six centuries, who alone possess any credit with our author ; but he is rejected, for in this he went beyond all the claims of his predecessors. We might, indeed, modestly reply, that like claims were put forth by earlier Pontiffs ; that Zosimus, in particular, who reigned from 417 1^ Vide Döllinger Papstfabeln, p. 48, seq. ^^ Hefele, Cone. ii. 624. Thomassin Diss, in Cone. Diss. xv. n. 5, 6. ^^ We trust that the last proposition, also, will not be designated as an assertion put forth/or the first time; for this would be utterly unhistorieal, and in eontradiction with the more ancient testimonies already addueed by us. The framing of the 28th Caqon of Chalee- don was merely selected, in order to justify for the new imperial city the next rank after Rome. Ro7na}i Foro-cries. i ; i were even from an early period the standard of doctrine ; the Roman Church was the head of the whole body ; ^'^ the synods rejected by her never found recofjnition. Where is, then, the fri^jhtful innovation ? Even in 1085, the false Decretals had yet little weight in Rome, as is apparent from the synod of Gerstungen.^^ If no\w French and German bishops, whether in their individual capacity, or at synods, from the ninth to the eleventh century, appealed to these decretals \^^ so certainly the new maxims of ecclesiastical legislation had not been imposed on them by Rome, least of all at a time when Rome was in so lamentable a condition ; rather, they had laid the yoke on themselves (p. 100). When, then, the Popes in the eleventh century cited likewise those decretals, whose authenticity among their contemporaries, and even for two centuries, had remained indisputed, what blame can they incur ? Is it that in historical criticism they were not far in advance of their age ? If, as our authors pretend, the want of historical perception was constantly, and from of old, the defect of Rome f'^ how can they then allege, as an imputation against that very Rome, that it gave credit to fictions, which had found general acceptance, and which corresponded to the existing state of the Church ? But new fictions were ever piled up. On a bad foundation a bad building only can spring up. This Janus teaches us more by what he has really achieved himself, than by what he pretends to prove. Springing over several intermediate links, *'^ Siric, ep. ad Him., n. 20, p. 637 ; Romana Ecclesia caput corporis. Cf. Bonif. L, i ep. 14, n. i, p. 1037. ^^ Kunstmann in the " Theological Journal of Freiburg " (iv., p. 116, seq). Phillips's, loc. cit. ., p. 86. ^ Hefele, Cone. IV., pp. 317, 365, 473, 483, 533, 548, 609. ** Nay, we are told (Janus, p. 204) there were kinds of historical information unattainable in those times (namely, the Middle Ages). 1 66 Ro7nan Forgeries. the collection of canon laws dedicated to the Milanese Anselm, that of Regino of Prüm, that of Burkard of Worms, who is first named at p. 143, our newhistorianof ecclesiastical law (p. 102), passes to Anselm of Lucca, who died in the year 1086, and who appears to him as the founder of the ** New Gregorian Canon Law." This canonist, we are told, " through a tissue of fresh inventions and interpolations, altered the law of the Church in accordance with the requirements oi his party, — and the point of view of Gregory" (p. 102). Thus not even pseudo-Isidore was enough for the in- satiable party ; after 200 years it needed again a new transformation. It was only mediately Anselm of Lucca made use of pseudo-Isidore ; his first six books he took from the collection dedicated to Anselm of Milan ; and the following books he took from Burkard of VVorms.^^ To the latter a greater importance ought to have been adjudged ; and Anselm, the nephew of Alexander II., whose work, like those of Cardinals Deusdedit and Gregory, had little circulation (p. 143), had thus not the importance of a " founder of the new Gregorian Canon Law ;" his work was not the most import- ant (p. 103). Moreover, in competition with him, there were Bonizo, Deusdedit, and Gregory of Pavia (p. 103), nay, Gregory VII. himself in his thesis called the " Dictatus " (p. 107). Although it is very doubtful whether the brief remarks of Giesebrecht ^'' have fully settled the question as to the authorship of this work,^^ yet for Janus the matter is decisively established. Gregory ^^ Phillips, loc. cii., § 177, pp. 128, 129. Moreover he, like Deusdedit, drew a part of his materials from the Roman Archives. Ibid. 129, 130. ^'^ The "Munich Historical Annals," 1866, p. 149. ^* Janssen in the "Journal of Theological Literature," 1867, p. 821 (in German). Cf. Hefele v. 67. Roman Forgeries. 167 VII., who inaugurated a new epoch, exercised his pontifical power in a way corresponding with his ideas. " Little familiar as he was with theological questions, we are told, he must have held the pre- rogative of infallibility to be the most precious jewel of his crown" (p. iii). "That Papal Infallibility might be more firmly believed, personal sanctity was also ascribed to every Pope : a sanctity which Gregory made the foundation of his claim to universal dominion, ^^and in furtherance of thisclaim, asserted the sinful origin of royalty " (p. 113).^° If Gregory appealed to documents and to narratives/' which cannot stand the test of criticism (p. 107) ; so the circumstance is overlooked, that he did not fabricate those documents and narratives, but found them already in existence ; that his contem- poraries held them to be genuine ; and even that not all which is declared interpolated, is really so.^^ Every inaccurate citation is imputed to him as a crime. He unduly extended, we are told, the effects of excommunication (p. 120); whereas before him, and before pseudo-Isidore, the discipline in this matter was much severer/^ Nay, it was pre- cisely Gregory who in so far mitigated it, that members of a household, women, children, all, in fact, who were incapable of confirming the sinner in his bad sentiments, were allowed to hold inter- ^^ Bianchi {op. cit., t. i., L. ii., § lO, n. 3, p. 280, seq.), has accur- ately examined this charge. ^" Vide Bianchi, loc. cit., n. 2, p. 275, seq. : where it is shown that other expressions also of Gregory VII. are opposed to these ; and hence the latter are to.be explained in a limited sense, according to the analogy of the words of Augustine and of Gregory the Great. ^^ Particularly the 8th book, ep. 21, ad Herm. Metens. ^2 Against Launoius (Janus, p. 114, n. 53), see Anthony Charlas, Tract de Libertatibus Eccles. Gallican?e, ii., B. vii. c. 6, 10, 3d ed. Romoe, 1720. Bianchi, loc. cii., § II, p. 287, seq. 72 Vide proofs in Gosselin, loc. cit., p. ii., c. i, a. 3, p. 77, seq. 1 68 Roman Foi^geries. course with the excommunicated/'^ That princes, no less than the rest of the faithful, were liable to excommunication, was never doubted in the Church/^ As to the claims of the Popes over Spain, Hungary, Russia, Saxony, and Provence, the expressions relative thereto have long been duly appreciated''^ (p. 285). But let us return to the collections of Canon Law. Whatever we know respecting these from the times of Anselm, bishop of Lucca, down to those of Gratian, in no way justifies us to assume an intentional fraud (p. 105), or a new forgery. In the age of Gregory VIL the testimonies for the plenitude of the Papal power were so numerous, that a forgery in these would have been quite superfluous, and have answered no end. If Deus- dedit (p. 103) and so many others derived all ecclesiastical jurisdiction from Peter, they said no more than what the most ancient Popes six hundred years before had affirmed. ^^ If they taught that all decrees of the Apostolic See were so to be received, as if they were confirmed by the very voice of Peter (p. 104);^^ they said no more ^* Greg. Syn. Rom. iv., c. 4. Mansi. xx., 504, seq. Hefele v. 108. Gosselin, loc. cit., p. 100. ^^ Cf. Cone. Rom. Greg., v. 998, 999, c. i. Mansi. xix, 223. Baron., a. 998, n. 3. Defensio Deelar. Cleri. Gallic, t. i., P. ii., L. vi., c. 27. ^^ Bianchi, t. i., L. ii., § 14, seq.,^^. 352, seq. "^"^ Sirie., ep. 5, n. i, p. 651, Constant : per quem (Petrum) et apostolatus et episcopatus in Christo cepit exordium. Innoc. I., ep. 2, ad Victric., n. 2, p. 747 : Adjuvante S. A p. Petro, per quem et apostolatus et episcopatus in Christo cepit exordium. Ep. 29, ad PP. Carthag., n. i, p. 888 : a quo ipse episcopatus et tota auctor- itas nominis hujus emersit. Bonifac. I., ep. 4, p. 1019 : B. Ap. Petrus, cui arx Sacerdotii Dominica voce concessa est. Ep, 14, n. I, p. 1037 : Institutio universalis nascentis Ecclesise de B. Petri sumpsit honore principium, in quo regimen ejus et summa consistit. Ex ejus enim ecclesiastica disciplina per omnes ecclesias, religionis jam crescente cultura, fonte manavit. ''^ " Consequently infallible," adds Janus, who supplies the Infalli- bilists with more weapons than they before used. The passage is Roman Foi'gerics. 169 than what all antiquity pronounced, when it heard Peter speak by the mouth of Leo, and by the mouth of Agatho ; when it ascribed the acts of Popes to Peter, as occurs in hundreds of docu- ments, where Peter and the Pope appear as one person. ^^ The elder compilers of Canon Law, from the ninth century down to the decretals of Gratian inclusively, who, according to our Janus (p. 143), not only received in good faith the old forgeries, but even added new corruptions, sought to furnish but the greatest possible quantity of materials. They admitted even self-contradictory passages, canons rejected by the Roman Church, as well as the later Apostolic Canons, and those of the Council in Trullo, and others,^" and evinced in this matter rather an unsystematic procedure, than premeditated fraud. Yet even this, as much as possible, is made to subserve the purposes of obstinate, tenacious prejudice. Anselm of Lucca,^' and Gregory of Pavia, as after them Gratian, found in Gratian, c. 2, d. 19. That also c. 12, C. xxiv., q, i (pseudo-Isidore. Sixtus II.) says nothing new, as shown by Phillips (II.,§89, p. 321). " To the passages already cited others may still be added. Pope Bonifac. I., ep. 13. Rufo., n. I, p. 1034 : B. Apostolus Petrus ecclesiae Thessalonicensi cuncta commisit ; ep. 15, n. i, p. 1039: Manet B. Ap. Petrum per sententiam Dominicam universalis EcclesijE ab hoc sollicitudo suscepta, quippe quam Evangelio teste in se noverit esse fnndatam, nee unquam ejus honor vacuus esse potest curarum, cum certum sit, summam rerum ex ejus delibera- tione pendere ; n. 7, p. 1044 : cujus (Perigenis Episcopi) sacer^ dotium Ap, Petrus semel jam Spiritus sancti suggestione firmavit. ^ Cf., for example, c. 4, d. 16 (Trull., c. 2) ; c. 6, d. 22 (Trull., 36) ; c. 14, d. 28 (Can. Ap., 6) ; c. 16, ead. (Trull,, c. 26) ; c. 13, d. 31 (Trull., c. 13) ; c. 7, d. 32 (Trull., 6) ; c. 15, d. 34 (Can. Ap., 18) ; c. I, d. 35 (App., 43, 44) ; c. 3, d. 44 (Trull.", c. 9) ; c. i, d. 47 (Can. Ap., 44) ; c. 4, d. 55 (C. Ap., 22, 23) ; c. 4, d. 77 (Trull., c. 15) ; c. 26, d. 93 (Trull., c. 7) ; c. ic», C. i., q. i (Trull., c. 23) ; c. 45, C. vii., q. I (Syn. Phot., 879, Can. ii., Ivo Camot., P. vii., c. 149)- 8^ The view of Papal Infallibility Anselm rested, not on the false decretals, but on the text of St Luke xxii. 32. Bennettis, P. I,, vol. ii., p. 344. 170 Roman Fo7^gc7'ies, admitted into their codes the passages from Jerome as to the small distinction between bishops and priests ; and " that thereby the axe was laid at the root of the Roman Primacy, those short- sighted architects of the Papal system failed to perceive" (p. 206). They yet, however, were so crafty, so far-sighted, that they thereby aimed at a great result ; " for all they wanted was to have the way for the superiority of Cardinals, and with it the domination of the Curia, and to build up the Papal system on the ruins of the ancient episcopal system " (p. 207). In consequence of this revolution, " bishops, towards the end of the thirteenth century, were brought to allow them- selves to be made cardinal-presbyters, and even to regard as a promotion this degradation of the Episcopate to the Presbyterate " (p. 207). To this, indeed, a parallel might be found in the Greek Church, and even already in the eleventh century, when the office of Syncellus was an object of ambition to themetropolitans; and intheyear 1029 a contest about the precedency of the Syncelli over the latter sprang up.^^ *' The injurious creation of the Cardinalate " (p. 212),^^ but which, however, was nothing less than sudden, has hitherto appeared to many as commanded by the circumstances of the eleventh century ; and whoever compares the Papal elections after the year 1059 with the earlier ones, will feel himself obliged to confess that that institu- tion has rendered great services to the Church.^'^ Gratian's celebrated Decretum became the manual ^* Cedren. ii., p. 486, seq. Thomassin., P. I., L. ii., c. loi, n. 6, seq. ^^ Copious details on this subject in Phillips (Can. Law, vol. vi., § 267, seq., p. 63, seq) _ *** Cardinal Deusdedit also (Janus, p. ill) had previously sought to glorify this institution, and to vindicate, on a vacancy in the Papal See, the government of the Church for the College of Cardinals. Roman Forgeries. i 7 1 and law-book of the western world, not by "the means applied by the Curia" (p. 148), but by its utility, and by its reception in schola ct foroP No one denies that the monk of Bologna was deficient in historical criticism ; but no one, again, can prove that his work was intended to be a fraud. The genuine passages from Justinian's law-books, from Greek, Spanish, African, Prankish, and other councils ; from doctors of the Church, like Augus- tine, Jerome, Isidore ; from decretals of Popes Innocent I., Leo. L, Gelasius, Gregory the Great, Nicholas, Leo IX., and his successors,^^ in number and weight exceed the spurious ones. Of the popes of later times copious texts are given ;^^ but that false documents should be taken by Gratian from his predecessors, when their authenticity was unquestioned by his contemporaries, cannot be imputed to him as a crime. What holds good of the thirteenth and fourteenth centuries, that no one then divined the true state of things, nor thought of forgeries and fictions (p. 253, G.), applies like- wise, and with equal reason, to the preceding ages. Among other things,^^ Janus takes great offence ^^ Never was the decretum of Gratian regarded by canonists as a regular law-book ; and criticism in regard to it could act with per- fect freedom. Placid. lioeckhn Controv. Jurisprud., L. i., tit. 2, p. 1090. Berti de theol. disc, B. xx., c. 18. Bennettis, P. IL, vol. iii., p. 211. Schulte, Man. of Can. Law, 2d ed., § 14, p. 39, n. 4. ^ Against these popes in particular, it is made a charge that they declared simony to be a heresy. Cf. J^nus (p. 298 G.) But the ex- pression simoniaca hoeresis is more ancient ; it already occurs in an epistle of Pope John viii., in the ninth century (ep. 95, ad episc. Gall. Mansi. xvii., p. 83). **' Urban II. and Alexander II., c. 8, 9, C. i., q. 3 ; c. 4, 5, C. ix., q. I ; Paschal IL, c. I, C. xiv., q. 2 ; c. 47, C. xvi., q. I ; c. 5, C. XXX., q. 3 ; Innocent IL, c. 29, C. xvii., q. 4 ; c. 25, C. xviii., q, 2 ; c. 5, C. xxi., q. 4 ; c. 40, C. xxvii., q. I, et seq. ^ On the passage cited at p. 161 (see xvi., C. xxv., q. i). Cf. Merkle in the Augsburg Pastoral Journal, 2d Oct. 1869, No. 40. Besides, many various readings are used, as they are so frequently to be found in many ancient manuscripts. Cf. Coustant (note B. to 172 Roman Forgeries, at the second part of Gratian's Decretum (Causa, xxiii., 9, 4-6). The case here supposed is as fol- lows : — Catholic bishops, together with their people, are by threats and torments constrained to embrace heresy by bishops, who have themselves fallen into heresy. Prelates, armed by the emperor with secular jurisdiction, march into the field at the Pope's command, for the protection of Catholics, slay numbers of the enemy, take others prisoners, and bring several heretics by violence back to the Church. In this imagined case several questions arise. First, Is the waging of war sinful } Secondly, What sort of war is just } Thirdly, Is a wrong in- flicted on allies to be repelled by force of arms } In all these cases reasons for and against are given. The fourth question is : Is it lawful to take ven- geance t Then follow passages from Augustine and others on the toleration of the wicked. The chief passages in reference to the punishment of heretics are taken from Augustine.^^ The fifth question is. Whether a judge can allow criminals to be put to death t Here again two dift*erent views are advocated ; first come passages from the above-named father of the Church, and others, that the wicked are to be punished, but not to be put to death. In the last of these passages, Janus (p. 147) discovers a falsification of Gratian's, m this sense, "that the Church should protect homicides and murderers.'' This charge of falsification he founds on the fact, that in Burkard and Ivo, according to the Innoc. I., ep. 2, n. 5, p. 749). If Gratian (c. 7, d. 96) quoted the narrative of Rufinus, that had been long used by others, respecting the words of the Emperor Constantine as to bishops in general, and referred them to the Pope (Janus, p. no); so there was here no falsification. Nay, among bishops the Pope also was included, and in truth he is the first bishop ; and it was, moreover, in the spirit of the eleventh and twelfth century, to conclude a 7ninoi-i ad niajus. ^^ C. 37, seq.^ C. xxiii., q. 4. Roman Forgeries, 173 Roman correctors, there is a negative which in our text of Gratian is omitted.^ But what purpose should such a forgery serve ? In the following text of Gratian, which, from what had been previously said, will only support the view that criminals should not be punished with death and mutilation, there succeeds another authority for the opposite opinion, that capital punishment ought to be inflicted, and therewith ulterior inquiries are connected. Accordingly, Gratian has not touched the reason assigned, to wit, " lest the Church should have a share in blood- shed," a reason which perhaps appeared to him in- compatible with that negative. The bloodshed could be applied as well to the murder perpetrated by the criminal, as to the massacre arising from his apprehension, when he took refuge in a Church. A misunderstanding could easily occur, or an error of the copyist ; but in any case the sequel shows that here by a forgery Gratian neither could nor wished to gain anything. He cites scriptural texts for the permission accorded to sovereigns to put criminals to death ; and these texts are followed by passages from the Fathers, and he concludes as follows : If thus the saints and the civil powers, in waging war, do not violate the prohibition against killing, although on criminals of all kinds they in- flict merited death ; if the soldier, in obeying his superiors, and in slaying a wicked man, is not guilty of murder ; if the punishment of murderers and poisoners is not bloodshed, but the execution of the laws; if those who, from zeal for the Catholic Church, slay the excommunicated, are not judged ^ C. 7, C. cit., q. 5 : Greg. P. Reos sangnine defendat (Ivo. Burc, : non defendat) Ecclesia, ne effusione (al. effusionis) sanguinis parti- ceps fiat. 1 74 Roman Forgeries, as murderers; so it is clear that the wicked may not only be scourged, but executed also.^' From this Gratian turns to the question ; whether even private individuals can, without legal author- ity, put others to death. Thus in these passages he treats of the public authority of the State, and not immediately of the Church ; and "■ the general conclusion " is taken not merely from the suspicious words of Pope Urban 11.,^'' as Janus (p. 147) asserts, but from the previously cited passages from Augus- tine, Pelagius, Nicholas, and others. Moreover, with regard to proceedings against religious dis- senters, Gratian could the less seek to bring any- thing new forward, as on that point " he chiefly followed Ivo of Chartres " (p. 235), who "though in certain important articles he held to the old Church law" (p. 103, n. 3), yet "adopted into his Decretals a copious store of spurious pieces," and announced the most perfect submission to the Roman Church (p. 261). Over the noble collection of Decretals instituted by Pope Gregory IX., Janus passes very quickly ; he uses it only to bring forward divers charges against particular popes. For all the mediaeval canonists he evinces a marked repugnance. " In the long period from 1230 to 1530, th.Q parasites of the Roman Curia cultivated and ruled the domain of canon laiu as interpreters of the new codes " (p. 232). "The world wdiS poiso7ted by the Bolog7iese school of lawp and by the Roman Curia " (p. 204). " To the Papal court-jurists and canonists were ^^ Grat, post can, 48, C. et, op. cit. '^- C. 47, Excommunicatorum loc. cit. Here a struggle for the Church is presupposed ; the preceding canon treats of war against unbehevers. '*=* The expressions of Savigny, and of the Jurists and Canonists following him, must then be corrected ! 1 Roman Forgeries. 175 added, after the thirteenth century, the Papal court-historiographers, hke Martinus Polonus, and Tolomeo of Lucca " (p. 284). " From that cen- tury down to the fifteenth, historical knowledge became obscured by means of the Mendicant Orders, and since their rise the credulous mania for miracles became more prevalent." It was desired to mould the forgeries and fictions of pseudo-Isidore, of Gratian, and of the Decretals, into a coherent history,^"^ and to supplement by the fable of the institution of the electors by Gregory V., the theory of translations invented by Alexander III. and Innocent III." (p. 282).^^ To the Papal court-jurists and court-historiographers^^ must lastly be added the court-theologians, and pre-eminently the schoolmen of the Mendicant Orders. But here again there were '' forgeries." In order to match the Greeks, recourse was had to a special expedient. " A Latin theologian, probably a Dominican, who had resided among the Greeks, composed a catena of spurious passages from the Greek Councils and Fathers, in w^hich the novel Papal claims were to receive a dogmatic basis" (p. 264). These false testimonies were used by Thomas Aquinas ; resting upon them, " he intro- duced the doctrine of the Pope and of his infalli- bility into his dogmatic work" (p. 266) ; and upon this foundation, as well as out of the forgeries in ^* So far had men then already come. We were of opinion that this thought was but of later origin, and that the need of historical accuracy was not then felt. 95 Vide thereupon Phillips' Can. Law iii., § 119, p. 53, § 129, p. 195- ^^ On the mention of Martinus Polonus, Janus points out that he with others related how Sylvester II., by a compact with the devil, had attained to the Papal dignity (p. 251). But the fable is certainly older, as the pseudo-Cardinal Benno already shows. See DoUinger, Papstfabeln, p. 156, seq., Bennettis, P. ii., t. v., p. 712, seq. 1 76 Roman Forgeries, Gratlan, "he built up his Papal system " (p. 267). Thomas Aquinas, as afterwards Cajetan and Mel- chior Canus, rested upon fictions exclusively (p. 393) ; and Turrecremata is dependent upon these fictions, and upon Thomas Aquinas (p. 310, G.) So this, then, would be the origin of the dogmatic statements respecting the plenitude of power and inerrancy in the Holy See. But is this really the case ? We open Thomas Aquinas, and we find that he relies for this dogma upon many other things, and especially on the passages of Scripture respecting Peter's primacy,^^ as well as upon internal theo- \ logical grounds, upon inferences from dogmatic premisses, as, for example, from the necessary unity offaith,^^ontheauthorityof Pope Leo at the Synod of Chalcedon, attested as it is in genuine documents,^^ and on a genuine passage of Pope Innocent I., and of others.'°° If now, at a period in which the Latins could as yet use but io.^ writings of the Greek fathers,^°^ Thomas Aquinas cited passages from the pseudo-Cyrill, and other false texts ; so this could not, and cannot even at the present day, damage his other proofs. Nay, these new fictions might have been abundantly replaced by other genuine texts. Theodore the Studite,'°^ Ignatius, patriarch of Constantinople,^°^Maximus in a passage ^ On Matt, xvi., Sum. Supplem. q. 25, a. i ; Com. in h. 1. ; on ke xxii. 2-22, q. I, a. lo; L. iv. Sent. d. 24, q. 3, a. 2. 98 C. Gent. L. iv., c. 76 ; Quodlib. ix., a. 16. ^ De potentia q. 10, a. 4, ad 13. ^"•^ Sum. 2. 2. q. 11, a. 2, ad 3, can. Quoties C. xxiv., q. i, Innocent I., ep. 30 (see above cap. vii., n. 38). The Opusculum contra Grsecos bears the same relation to the Summa, as a treatise composed in the Hours of Leisure, to a great vi^ork carried on with predilection for many years. 1"^ Under Eugenius III., the dogmatic work of St John Damascene was translated into Latin, badly enough, indeed, by Burgundio of Pisa ; and in this form was known to St Thomas. ^"2 See in the fourth chapter above the notes 36, 48, and 49, ^"2 This Patriarch (ep. Ignat. Patr. ad Nicol. P. Mansi xvi. 47 Roman Forgeries. 1 7 7 already made known in the West even in the nintli century,"^'* would have offered such a supply. But how very superficially Janus has studied Thomas Aquinas, is apparent from the statement of his doctrine relative to the mode of procedure against heretics.'"^ No apocryphal writings were also seq.^ 325 seq.) calls the Pope the physician, whom, by the words addressed to Peter (in Matt, xvi.), Christ instituted for all, without exception, and who everywhere heals the disorders of the Church. ^"* Maximi ep. ad Petr. Illustr. ex Collectan. Anastas. Bibl. Combef. ii. 76. Migne xci., 144 : " Pyrrhus (patriarch of Con- stantinople) must hasten to give satisfaction to the Roman Church. If this Church be satisfied, he will then be called by all and every- where a religious and orthodox prelate. For he will speak but in vain, if he does not have recourse to the most blessed Pope of the most holy Church of the Romans, to that Apostolic see ivhick received from the Incarnate Word itself, as well asfrotn all Councils, according to the holy canons and rules, universal and supre?ne dominion, authority, and the power of binding and of loosing over all the holy churches of God upon this earth. That Word, which rules all the heavenly powers, binds and looses with this See in heaven also. If he seeks to pacify others, but beseeches not the most blessed Pope of Rome, he acts like to a man who, accused of murder or of any other crime, would hasten to prove his innocence before private persons, but not before him who, according to the laws, is invested with judicial powers." This passage even Pichler* has acknowledged to be genuine, loc. cit., vol. ii,, p. 602. In case a member of a German Academy of Sciences should have erred in respect to the genuineness of this passage, similar errors of more ancient authors, who possessed not the present critical aids, may well, in truth, be Atemtd pardonable. ^°5 Janus writes (p. 236, note 2), " that St Thomas (in \i\5 Summa, 1 1 q., art. 3, 4), tries to prove from the symbolic names given them in Scripture, that heretics should |be put to death." Thus, e.g., heretics, are called " thieves " and " wolves," but we hang thieves, and kill wolves. Again, he calls heretics sons of Satan, and thinks they should even on earth share the fate of their father, i.e., be burnt. He observes, on the apostle's saying, that a heretic is to be avoided after two admonitions, that this avoidance is best accomplished by executing him. For the relapsed he thinks all instruction is useless, and they should be at once burnt. So far Janus. Here are not found the cited inferences from the symbolic words of Scripture ; and it is untrue that to the words of the apostle (Titus iii. 10), St Thomas subjoins the remark, that the avoidance of the heretic may ^. 487. Cf. I., p. 51, scq. ^^ Ibid., p. 463, seq., especially 470, n. r. 196 A Glance at Councils. was broken by new regulations " (p. 197). Here, indeed, innovations were permitted ; but they were not in favour of, but against, the Papacy. The voting by nations was utterly contrary to the spirit of the ancient Councils, and was supported by no ecclesiastical tradition ; but the advocates of the ''primitive episcopal system "^^ were pleased with this innovation ; all means they considered lawful against the " gigantic power of the Papacy." Quite certain it is that this forty years' schism in the Popedom shook the Pontifical power, till then deemed invincible (p. 292) ; that the French and the Italians were here engaged in a struggle for the possession of the supreme ecclesiastical dignity, and that contemporaries wavered about the ques- tion of right (p. 295) — a question indeed on which political and national interests exerted a strong influence. The struggle of the Hohenstaufens against the Church had led the Popes to attach themselves more and more to the crown of France ; the residence of the Pontiffs in Avignon essen- tially contributed towards the subsequent schism ; and this schism inflicted very deep injury on the Roman See in the eyes of the world, as well as greatly impeded its action. The election of Urban VI. must, especially when we consider the earlier recognition of the cardinals, be considered as valid. ^^ On examination of the question of right, Clement VII. can appear only as an anti-Pope, and Urban's successor, hence also Gregory XII. must, be regarded as the legitimate Pope.^'^ The Council of Pisa in 1409 but aggra- 22 On the writers of that time, vide Bennettis, loc. ciL, p. 303, seq. "3 Hefele VI., p. 653, seq. "* Ballerini de potest. Eccl., p. 135, n. 4, Raynaldus, anno 1409. Phillips' Can. Law, I-, § 31, p. 253. A Glance at Councils, 197 vatcd the schism ; its whole mode of proceeding was utterly unbecoming,^^ and even Janus can only boast of it, that it was '^ a Synod assembled from all Europe, at which men could dare to speak openly and vote freely " (p. 297). Three Popes were present at this Synod — Gregory XII., the successor of Urban VI., Benedict XIII., the suc- cessor of the anti-Pope Clement VII., and the newly-elected Pontiff, Alexander V., who was soon succeeded by Balthasar Cossa, under the name of John XXIII. The latter presided at its com- mencement over the Council summoned to Con- stance. After his flight this Council issued the celebrated Decree on the superiority of the Council over the Pope ; " a decision," says Janus, " more eventful and pregnant in future consequences than had been arrived at by any previous Council, and accordant in principle with primitive antiquity — for so the Church held before the appearance of the pseudo-Isidore (p. 300) ; — perhaps the most extraordinary event in the whole dogmatic history of the Christian Church" (p. 302). But this Decree never obtained legal force.^^ It had emanated from a headless Assembly, which could constitute no CEcumenical Council, without the concurrence of any one of the Popes, of whom one at least was legitimate ; it was a make-shift in a state of confusion, an arbitrary act of violence. Never has it received any Papal confirmation, neither from Martin V. nor from Eugenius IV. Janus indeed asserts : "an express confirmation of this Decree by Martin V. seemed at the time not only superfluous, but objectionable. It would have ^•^ Ilefele I. 52, seq., VI., 902. Phillips, loc. cit., p. 254. 2^ Bennettis, P. I., t. I., p. 377. Ballerini de pot. Eccles., c. 7, p. loi. Schelstrate de sensu et auctor. decret. Cone. Constant. Romce 1686. igS A Glance at Cotmcils. been like a son wanting to attest the genuine paternity of his own father, for this Decree had made him Pope. Had he wished to assail its vahdity in any way, he would have been bound at once to resign, and let the deposed Pope again take his place" (p. 305). But hereby the legitimacy of the Synod of Pisa, and of the Pope elected by it, is falsely pre-supposed as undoubted. Gregory XII., the legitimate Pope, had solemnly abdicated without confirming that Decree; John XXIII. was deposed by the same authority which had elevated him, in the person of his predecessor Alexander v., and, moreover, he had completely submitted on the 26th and 31st May 141 5, to the ordinances of the Council of Constance ; ^^ Benedict XIII., con- fined to a small obedience, had been deposed on the 26th July 141 7, and this deposition was, with the exception of a small handful, ratified in the whole Church. Accordingly, the Papal chair was vacant, and Martin V. owed his election, which occurred on the i ith November 1417, by no means solely to " the new Decree, or to the Episcopal system." Martin V. afterwards declared that he approved what had been decreed " conciliariter in materiis Fidei, et non aliter, nee alio modo " — what had been decreed "according to the forms of a Council in matters of faith, and not otherwise, nor in any other manner." From Pierre D'Ailly we know ^^ that the Decree in question had not been framed " conciliariter," because it was passed with- out the concurrence of the Cardinals, and merely 37 Hefele VII., 137, 141. ^8 Tract de auctorit. Ecclesioe, 141 6, Gerson. opp. II. 940 : Qu» deliberatio (quatuor nationum), exclusa deliberatione dicti Collegii (Cardinalium), et non facta in communi sessione collationevotorum, videtur multis non esse censenda deliberatio Concilii generalis conciliariter facta. That the Cardinals did not concur in this decree is shown by Bennettis, 1. c, p. 399. A Glance at Coii7icils. 199 by a majority of votes according to nations/^ Still less can a Papal confirmation be deduced from the Decrees respecting the heresy of Wickliffe (p. 305)/"* On the other hand, Martin's constitution of the loth March 141 8, which forbade an appeal from the Apostolic See, completely overthrew, as Gerson himself very well saw, these new fundamental rights/' At the Synod of Basle — an Assembly, which degenerated into a stigmatised Conciliabulum, and brought a new schism upon the Church,'^^ and of which even Janus himself timidly admits, " that it had some w^eak points" (p. 316), — the Decrees of Constance were renewed with much ostentation, but with equal ill success. The recognition of Eugenius IV. was conditional; the clause ''without prejudice to the right, the dignity, and the pre- eminence of the Apostolic See,^' is here decisive;'*^ and, moreover, the definition of the Council of Florence on the Primacy is utterly opposed to those Decrees. The assertion, therefore, is com- 29 Schwab Gerson, p. 514, 515. Hefele VII., 104. Phillips' Can. Law, p. 257, iv., § 194, p. 438, seq. ^ Bennettis, P. I., t. I., p. 373, seq. ^1 Dialog, apolog. ii. 390. Schwab., loc. cit., p, 665, 666, ^^ The philologer Poggio calls the Assembly of Basle the begin- ning of all the evils and schisms which we have seen arise in the Church of God. (Or in fun. Cesarini, Card. Mai Spicil. X., I., p. 378). Cf. Pogg. epist., ep. 28, 38, ib., ep. 34, ed. Paris. Augustin. Patric. Summa. Concil. Basil., c. 145 (Hard. IX., 1 196). *3 Bennettis, loc. cit., p. 403, 454, seq. Phillips IV., § 195, p. 455, § 196, p. 458. That the Bull "Tanto nos pacem," issued by Nicholas from a love of peace, was a triumph of the principle of the superi- ority of General Councils to the Pope (as asserted by Janus, pp. 338, 339,) is utterly untinie. The abrogation of the decrees agamst the Assembly of Basle is nothing less than an approval of the decrees framed by it ; it is simply in regard to the parties interested, a bringing back to the status quo ante. Cf. Bennettis, pp. 445, 474, seq.y and upon the general question llefele I., p. 54, vii., p. 372. 200 A Glance at Coicncils. pletely groundless ; " that the foundation of the Decrees of Basle, the dogmatic decisions on the Pope's inferiority to a Council remained untouched" (p. 339) ; '' and that Thomas de Vio or Cajetan it was \v\io, for the fii^st tunc, got the authority of the decisions of Constance and of Basle on the rigrhts of Councils, which had been so solemnly acknow- ledged and attested by former Popes, to be assailed by Leo X. " (p. 374). Has Janus, then, never heard anything of the constitutions of Pope Pius IL, dated respectively the i8th January 1459, and the 26th April 1463, as well as that of Julius II. in 1509 ? ^'' Antoninus, Archbishop of Florence, and Cardinal Turrecremata, still energetically defended the old Papal system ;^^ while the adherents of the new episcopal system, who had acted too precipi- tately, were in many ways undeceived. To what, in fact, did the new maxims lead ? Some they brought to despair of the Church herself, so that Peter d'Ailly and Jean Courteouisse went to such lengths as to call in question the infallibility of General Councils in matters of faith ; ^^ and others again they brought round to a reconciliation with the Holy See. This was the case with Cardinal Julian Cesarini, the former president of the Coun- cil of Basle, with ^neas Sylvius Piccolomini, afterwards Pope Pius 11.,"^^ with Nicholas of ^* Const. Exsecrabilis and In minoribus agentes. Bull Rom. ed. nov. Taurin., t. V., pp. 149, 150, 173-180. Const. Julii IL, zA, p. 479-481. ^5 S. Antonin. Sum., p. 3, L. XXIII., c. 3, § 3, Job. de Turre- cremata de Eccl. ii. 93. Likewise Thomas Waldensis Doctrin. fidei, L. ii., art. 3, c. 32, Job. Ferrariens. Lib. c. gent., c. 79. ^0 Mansi XXVIL 547. Schwab., loc.cit., p. 500, 747. ^^ .^neas Sylvius as Pope cites the words of Cesarini, which made so deep an impression on him : " I have returned to the sheepfold, who had so long wandered outside of it ; I have heard the voice of the shepherd Eugenius ; and if thou art rational, do thou the like." — (Bull of Retractation, § 5.) A Glance at Co2incils. 201 Cusa/^ with Francis Zabarclla, who had formerly advocated, though not in an unquahfied manner, the superiority of the Council over the Pope, and who at Constance had approximated more to the Papal system, and afterwards became one of its most ardent defenders/^ Janus indeed thinks (p. 412), '*that a great community has no temptation to establish some particular subjective view or opinion of its own." But the history of the Council of Basle shows the contrary.^" Martin V., feeling himself bound, as well by his promise as by the decree " Frequens" of the Coun- cil of Constance, accepted by him, summoned a Council first to Pavia and then to Sienna (p. 309). The participation of bishops was really, and not in pretence, a very small one ; and even at Basle, that participation was, in respect to the prelates, very insignificant. The scholars and writers there assembled looked only to the humiliation of the Pope ; so that, even in Italy, they excited troubles against the pacific Eugenius IV., and sought to withdraw from him all pecuniary resources. The conditions stipulated in 1433 by Eugenius IV., and wdiich Janus (p. 313, scq^ passes over, had re- mained unfulfilled ; his pliancy was met with only a greater spirit of defiance. The Council of Basle withdrew from the Pontiff the Annats,^' and afterwards adjudged them to the anti-Pope, Felix V. Even the union with the Greeks was threatened with failure from the obstinacy of the Assembly of Basle. The deposition of Eugenius •*8 Cf. Dr Dux's " Life of Nicholas of Cusa," vol. i., p. i66, seq, Scharpff, vol. iL, p. io8. « Bennettis, P. I., t. I., pp. 355, 379, S^S- .. '° Döllinger's " Manual of Church History," ii., pp. 355-383. 5^ Hereupon Phillips (in his Can. Law, vol. v., § 237, 23S, p. 567, .f^^.) gives some excellent explanations, which may in many ways serve for a rectification of the assertions of Janus. 202 A Glance at Coimcils. IV., and the elevation of an anti-Pope, even Janus is obliged to call an act of frightful disorder and arrogance ; the number of the members of the Council had melted down considerably, and there remained at last but a mass composed of impure and unauthorized elements (p. 318). The Council of Florence,^" consisting almost entirely of Italian bishops, finds with our author little favour.^^ Nearly more dignified and im- portant appears the French Assembly of Bourges, which assembled in 1438, and undertook the ''first comprehensive codification of what have since been called the Galilean Liberties" (p. 328) ; while poor Germany, even before the lapse of nine years, re- turned to the obedience of Eugenius (p. 331.) The fifth Lateran CounciP"^ is in the eyes of our author an abomination. It is called (p. 349) a hole-and-corner Council of sixty-five Italians, as in the fifth Article it had been formerly nicknamed an Italian pocket Council. ^^ ''That such an assem- blage is no representation of the whole Church, that it sounds like a mockery to put it on a par with the Synods of Nicaea, Chalcedon, and Constantinople, is evident to the blindest eye," (p. 197). Still the Decrees promulgated by the Pope were by no means unimportant. " Leo the Tenth's Bull, 'Pastor ^ternus,'^^ enun- ^2 Cf. Bennettis, loc. cit., p. 477, seq. ; Phillips' Can. Law, iii., § 137, P- 390 ; iv., § 196, p. 457- ^"* Still here "the forms of the ancient Councils and free discus- sion had to be allowed on account of the Greeks, and the mere dictation and promulgation of decrees previously prepared in the Papal Cieria had to be abandoned." — (Janus, p. 197.) ^^ Bennettis, /oc. cit., p. 494, seq. Schmalzgi-ueber, Jus. eccl. Diss, procem., § 8, n. 341. Phillips iv., § 196, p. 463. ^' At p. 197 of Janus, there were only 53 bishops. ^^ Const. 20, also Lib. vii., Decret. c. 3, iii. 7, 19th Dec. 1516. A Glance at Coimcils. 203 dated the full authority and unHmited power of the Pope over all Councils, and proved this by fabricated, distorted, or insignificant facts and testimonies. It was a long deduction, in which every statement would be a lie, if the compiler could be credited with any knowledge of Church History.^' It closes with the renewal of Boniface VIII.'s Bull, '' Unam Sanctam," (p. 198). A great stumbling-block has this Bull of Boni- face VIII. been from of old.^^ Herein '' he gave a dogmatic and biblical foundation to the doctrine of the universality of Papal dominion, and con- demned the independence of the civil power in its own sphere as Manicheism" (p. 162). But, firstly, in dogmatic Bulls, it is not the premisses and the ulterior arguments, but solely what is proposed as the object of faith, which serves as a standard. ^^ Boniface VIII. here only defines, it is necessary to salvation, that every man should submit to the Roman Pontiff ;^° and this is a necessary conse- °7 Whoever reads these words is tempted to believe that Leo X, cited otily forged documents ; but he cites the words of Pope Damasus on the rejection of the Synod of Rimini (see above c. vii., n. 71), the requests for confirmation made by the fourth and sixth General Councils {ibid, n. 67, 68) ; he appeals to the letters of Pope Leo the Great to the bishops of Sicily (ep. 16, c. 7, p. 724, ed. Bailer. ), where, among other things, it is said : cum coram Beatis- simo Apostolo Petro id semper in commune tractandum sit, ut omnia ipsius constituta canonumque decreta apud omnes Domini sacerdotes inviolata permaneaut. He appeals to the veneration manifested by the eighth General Council towards Pope Adrian IL, where we have the testimony in the 21st canon, according to the Latins, and the 14th, according to the Greeks (Mansi xvi., 174, 403), as well as in the request for confirmation addressed to the Pope {ibid, pp. 202, 413.) 58 C. I. de M. et O. J. 8 in. Extravagg, com. Raynakl, a. 1302. n. 13. seq. 5" Bianchi, op, cit., t. ii.. L. vi., § 7, n. 7, p. 518, seq. Gosselin, op. cit. ii., p. 265, 293, seq. Edition of Münster, Beidtel's Canon Law, p. 368, note ^•^ Porro subesse Romano Pontifici omnem humanam creaturam, 204 A Glance at Councils. quence of the dogma of the Papal Supremacy, and is acknowledged by the Galileans themselves as perfectly true.^' Secondly, it is not the asser- tion, that the secular power is independent of the spiritual in its own sphere, and, consequently, in temporals, against which the Bull protests ; but it is the assertion of its absolute independence in regard to ecclesiastical authority, even in those cases where there is a question of sin, and where the salvation of souls and church property are in ques- tion, that the Pope here condemns.^" This is shown not merely by the other declarations of the Pope and of the Cardinals,^^ but by the purport of the Bull itself, drawn, for the most part, from the writings of the most eminent theologians. The special occasion of this Bull was the conduct pursued by Philip the Fair, who, even in spiritual matters, refused submission to the Pontiff, and prevented the French bishops from practising their obedience ; but the Bull meant also to show, in general terms, and without special reference to France, that the temporal power of Christian princes does not exempt them from obedience to the Head of the Church.^4 xhe train of thought is as fol- lows : — The Church of God is essentially one, a mystical body. This body has but one head, and not declaramus, diciraus, definimus et pronuntiamus omnino esse de necessitate salutis (according to Thorn. Aqu. opusc. c. Graec.) ^^ Defensio declar. Cleri Gall, t. i., P. ii., L. vii. (al. iii.), c. 24, p. 290, where it is said Boniface, by general expressions, has seemed to prepare the way for the assertion that every species of power is subject to the Papal, even in secular things. Yet he has restricted the proposition to submission in general, quod verissimum est., si de spirituali potestate intelligatur. ^^ Bianchi, loc. cit., p. 519. Walter's Can. Law, § 45, n, 12. Phillips' Can. Law, iii., § 130, p. 256. ^^ To this Fenelon also refers in his work, de Summi Pontificis auctorit, c. 27, t. ii., p. 333, ed. Versailles. ^* Bianchi, loc. cit., pp. 519, 520. A Glance at Co2incils. 205 two, like a monster. Tliis Mead is Christ, and His vicar ; Peter and his successors. All the sheep of the Lord, Peter must feed ; he who separates him- self from his obedience belongs not to the fold of Christ.*"^ There exists now in the Church (con- sidered as the sum-total of clergy and laity — and consequently in Christendom), two powers ; the spiritual and the temporal, prefigured by the two swords of Peter. The material sword is drawn /"d^r the Church, the spiritual ^j/the Church ; the former by the hand of the king, the latter by the hand of the priest ; the material sword must co-operate with the spiritual and assist it. So had already spoken St Bernard, so the Emperor Frederic IL, and many others :^^ and that the secular power should be guided by the spiritual as the higher, was an old Christian idea.^^ In so far now as both powers are in the Church, they both have the same object. But as both are established by God, and God has ordained all things well, so between the two autho- rities there must be a well-defined subordination of rank — one sword set under the other. As now the spiritual has the pre-eminence overthe material, so the temporal power is subordinated to the eccle- siastical, as to the higher. Hence the inference deduced by Hugo of St Victor,^^ that the temporal *^ S. Bernard, de consid. ii. 8. ^ Bern. 1. c. iv. 3 ep. 256. Frider ii. Const. 1220, c. 7. Cf, the "Saxon Mirror," vol. i., art. I. The " Suabian Alirror," Pref. 21, seq. Joh. Saresb. Polycr, iv. 3. Hildeb. Cenom. ep. ii. 18. Petr. Dam. ep. vi. 4. Gerhoch Reich, de corrupt©, eccl. statu, c. 3. Innoc. Ill, (Janus, p. 171.) •"^ Testament xii. Patriarch. Test. iv. Jud. c. 21 (Cf. " Neander's Church History," i. 201.) Constit. Apost. ii. 34. Chrys. horn. 15 in 1 Cor. : horn. 34 in Hebr., n. I. Isidor. Peius L. in. ep. 244. Naz., Or 17, p. 217 ed. Bill. Stephan, vi. ep. ad Basil, Imp. (Mansi xvi. 421). Ivo Carnot, ep. 51, ad Henric, Anglise Reg. Hugo a S. Victore de sacram fid. L. ii., P. ii., c. 4. Alex. Halens, p. 3, q. 10 membr. 2, S. Thorn, sum. 2, 2, q., 60, a. 6, ad. 3. 2o6 A Gla7ice at Councils. power, If it is not good, is judged by the spiritual, and that to ecclesiastical authority the words of the prophet Jeremiah apply : " Lo ! I have set thee this day over the nations and over kingdoms, to root up and to pull down, and to waste, and to destroy, and to build, and to plant"^^ (i. lO.) But these words excite great indignation in the mind of our Janus, who says: "■ If Jeremiah designates, after the oriental fashion, his prophetic office, and his calling to announce the Divine judgments, as a commission to destroy and to lay waste ; so, accord- ing to the Papal interpretation, the Pope must be thereby meant, to whom God has imparted the power to root up and to pull down what and whom hewill" (p. 379, German). But such an interpretation Boniface VIII. was not the first to give : we find it already in Hugo of St Victor, in St Bernard, in Peter of Blois, in Peter the Venerable of Cluny, in Innocent III. ;^° nay, already in the ninth century, in Pope John VIII. ^' It is not even the Popes who were the first authors of this interpretation. To the ecclesiastical power in general the words were applied by the Council of Meaux, in 845,''^ by Theodotus of Ancyra at the Council of Ephesus,^^ as well as by the Byzantine Synod, under Mennas, in the year 536.^-^ About the year 512, the Eastern bishops addressed Pope Symmachus as follows : — " Hasten to make us free ; for not merely for bind- ^ This passage was used later by Pope Pius V. ; Const. Romanus Pontifex, 1569; Regnans, 1570, ' ''^ Hugo, 1. c, S. Bernard, de consid. L. iv. 3, ep. 237. Petrus Bles. ep. 144, ad Coelestin HI. Petrus Venerab. L. iii. ep. 24, ad Eugen. III. Innoc. III. c. 3, de M. et O. I. 33 ; c. Novit. 13 eod. Serm. I. in consecr. sui Pontif. 71 Job. VIII. epp. ad Basil. Imp. Baron, anno 878, n. iii. ; a. 879, n. 26. "- Cone. Meldens. in Praefat. Hard. IV., I478. "^ Cone. Ephes. 431, P. iv. Hard. I., 1666. ^•* Cone. Cpl. 536, act. 4. Hard. IL, 1260. A Glance at Cotnicils. 207 ing was the power given unto thee, but also for loosing those a long time bound ; not merely for plucking up and destroying, but also for planting and building, according to holy Jeremiah, or rather according to the Redeemer of the world, Christ, whose type the former was." ^^ The " rooting out and the planting" of Jeremiah was usually placed in juxtaposition with the " binding and the loosing'' of Peter ; as in the epistle which John of Jerusalem addressed in 518 to John II., patriarch of Con- stantinople/^ As little novel are the words of Boniface, when he thus continues : ^^ " If now the temporal power goes astray, it is judged by the spiritual ; but if a subordinate ecclesiastical autho- rity transgresses, it is judged by the one set over it ; but the supreme ecclesiastical power can be judged, not by men, but by God alone, according to the words of the apostle, 'the spiritual man judges all things ; he himself is judged by no one ' " (i Cor. ii. 15). No new doctrine is it, again, when it is further said, the ecclesiastical authority, though imparted to a man, and exercised by a man, is still divine, given by a divine sentence to Peter, and to his successors. As now Boniface, at the commencement of the Bull, laid down, as the con- dition of salvation, that man should belong to the one Church founded by God; so he enunciates the maxim also that, for obtaining eternal happiness, each one is required to submit to the Pope. By- way of comparison, he points to the Manichean heresy, which teaches the two principles of things ; and, in fact, if the divine law did not subject kings, in respect of their sins, to the Papal authority, so their "5 Ep. orient, ap. Baron, a. 512, n. 50. 76 Hard. II., 1343. 77 On the words, " terrenam potestatem instituere habet," vide Bianchi. 1. c, pp. 522, 523. Instituere is here not to institute^ but to instruct. 2o8 A Glance at Councils, power must needs then be based on a principle sepa- rate from the Church; in which case they, as sove- reigns, would stand completely outside its pale7^ Moreover, many find this Bull quite in harmony with the epistle of Gregory IX., dated 23d October 1236, and show that even secular princes and statesmen have asserted and acknowledged, in the strongest language, the supremacy of the Pope, even in temporal things/^ The ''astonishment and the mockery " of the French jurists and theo- logians, to which Janus alludes (p. 162), are in the then circumstances of France under Philip the Fair, and from the shameful policy pursued towards the Pope, which recoiled from no misrepresentation and no forgery,^° easily explained. But what Boniface VIII. here defined — namely, the necessity of obedience to the Pope — is a prin- ciple of primitive Christianity, and which Paschal II. (as we are told at p. 245) was certainly not the first to enunciate, which in nowise needed the pseudo-Ambrose, since the words of the genuine Ambrose sufficed : *' Ubi Petrus, ibi Ecclesia ; " " Where is Peter, there is the Church/' The sepa- ration from this Apostolic See, and the arrogant revolt against it, at all times passed as a separation from the Church, as a going out of the kingdom of the Lord.«^ Pope Symmachus wrote to the Emperor Anas- ^^ Phillips, loc. cit., pp. 205, 206. ^^ Hefele, Cone, vi., pp. 317, 318. Here the declaration of the Flemish envoys, of the 29th December 1299, is cited. Let us con- sider, too, what Peter of Blois, as vice-chancellor, wrote, in the name of Queen Eleanora of England to Pope Celestine III,, on the occasion of the imprisonment of her son Richai'd, by Leopold of Austria, ep. 145, in Baron, anno 1 193 : "Nonne Petro Apostolo et in eo vobis a Deo omne regnum omnisque potestas committitur ? Non rex, non Imperator aut dux a jugo vestrse Jurisdictionis eximitur. " ^•^ Döllinger, " Manual of Church History," ii., p. 240, seq. ^^ Bonifac. I. ep. 14, n. i, p. 1037, ed. Coust. a qua (Sede A Glajice at Councils. 209 tasius : " Thinkest thou, because thou art emperor, that thou canst dare to despise the judgment of God ? ... or because thou art emperor, dost thou rise against the power of Peter } . . . But let us compare the dignity of the emperor with the dignity of the high-priest ; between the two there exists as wide a difference as between an administrator of human and an administrator of divine concerns. Thou, O Emperor, receivest from the priest bap- tism, the sacraments; thou desirest of him prayer, thou hopest from him a blessing, thou beseechest him for pardon in the sacrament of penance; in short, thou administerest human things, and he administereth divine. . . . Perhaps thou wilt say, it stands written, 'We must be subject to every power' (Rom. xiii. i). We recognize human autho- rities in their proper place, till they lift up their will against God. Moreover, if every power is of God, so before all, and in a higher degree, is that power of God, which is set over divine things. Honour God in us, and we will honour God in thee. But if thou honourest not God, so thou canst not avail thyself of the privilege of Him, whose rights thou despisest." ^"^ Apostolica) se quisquis abscidit, fit christiance religionis extorris, ep. 15, n. 4, p. 1041 : In cujus contumeliam quisquis insurgit, habitalor Coelestium non poterit esse regnorum. Tibi, inquit, dabo claves regni coelorum, in qiics Nullus sine gratia Janitoris intrabit. Had Janus read this, he certainly would have dated the "obscu- ration of the Church" from the Popes of the fifth century; or he would have found the fundamental thought of this passage in the pseudo-Isidorian epistle of Julius I. (c. xi., p, 464 H.), on which Gregory VII. built his plan of dominion (p. 105 Janus). Peter Damiani also had written to the Anti-Pope Honorius (in ep. 20) : *.' Si eos sacri canones haereticos notant, qui cum Romana ecclesia non concordant, qua tu judicaberis dignus esse sententia?" And to the clergy and people of Milan he wrote (opusc. v.) : "Quae provincia per omnia regna terrarum ab ejus ditione extranea re- peritur, cujus arbitrio ipsum quoque Coelum ligatur et solvitur?" ^2 Symmach, Apol. ad. AnasL Labbe IV., 1298. Cf. Defens. Decl., L. ii., c. 7. O 2 1 o A Glance at Councils. Let us now return to Pope Leo X. Supposing that all the historical arguments in the Bull *' Pastor ^ternus " were alike untenable, will, therefore, the theological ones be thereby over- thrown, which show that the head of the whole Church is the head of its representatives also ? From the dogmatic definition of Florence, further consequences could be deduced. The reasoning might be incorrect, but still the enunciated doc- trine is not therefore untrue. To attend the Council was open to all bishops ; the Popes gave themselves the greatest trouble in order to promote their attendance ; all were summoned ; and the Council was presided over by no " Papa dubius " — no doubtful pope, but by a pontiff undoubtedly legitimated^ There is scarcely a theological pro- position upon which there is such great unanimity, as upon the necessary concurrence of the Pope to a General Council ; but not less decided is the opinion of the majority of theologians, that a Council without the Pope is not oecumenical, nay, can even err in matters of faith.^"^ But once again " Councils were perverted into mere tools of Papal domination, and reduced to a condition of undignified servitude" (p, 190). So even the Council of Trent was not free (p. 368), and this at a time when all had placed their confidence in a " Council truly free, unoppressed by Papal coercion " (p. 369). " The Italian bishops at Trent were no more than a herd of slavish sycophants of Rome, acting simply at the beck of the legates " (p. 367).^^ The Pope should, indeed, have re- 83 Bennettis, P. II., t. iii., p. 196. ^^ Melchior Canus de loc. theol., v. 4 ; Thomassin. Diss., vi. et xiv. in concil. Cabassut. in not. Cone. Trid., n. 95. Bennettis, loc ciL, p. 185, seq. Phillips' Can. Law, IL, §88, pp. 312, 313. 8^ On the contrary, the Avenir Catholiqiie (N. 2, p. 19, n. ir. A Glance at Coiincils. I I nouncccrall his ri^^hts ; then the Council would have been " free ; " but a legitimate Council it would have ceased to be. Whatever of rational freedom could be desired, was abundantly secured ; but without order, without the higher jurisdiction of the presiding legates, a chaos would have sprung up, which would have only filled the Catholic world with scandal, and the adversaries with mali- cious scorn. We do not deny that the Council of Trent, which undeniably achieved much good,^^ did not produce all the fruits which it might have brought forth. But who is to bear the blame of all this } Is it to the Roman See solely and en- tirely, or even chiefly, that blame attaches } This Janus seems to believe. Of the obstacles opposed to reform by many powerful sovereigns, of the negli- gence of the ecclesiastical princes, and of the noble chapters of Germany, of the intermission of pro- vincial and diocesan Synods, of the non-fulfilment Pie IV,, et le Concile de Trente) endeavours to show that Pius IV. left full liberty to the Council of Trent. Kut between the oppres- sion of the bishops by the Pope on the one hand — and the abandon- ment of Papal prerogatives on the other, whose diminution would have rather promoted the growth of heresies than have checked them (CC the document in Raynaldus, anno 1563, n. 67), lies a middle course, which the parties concerned did not fail to pursue. Here, also, holds good the ancient saying, "Nihil est, quin male narrando possit depravarier " (Terent. in Phomi. iv. 4). This holds good, too, of the narration of that storm which a bishop of Cadiz excited in the Council of Trent (p. 368, Janus), and which is told quite after the manner of Sarpi. But it was the Papal le^^ates who caused the prelate to continue his interrupted discourse, and who afterwards appeased the excited Spaniards. Vide Pallavicini, op. cii., L. xix., c. 5, n. 5 ; c. 7, n. i. In the same way the conduct of the CardinalJof Lorraine (Janus, p. 276) is quite incorrectly repre- sented. Upon him Pallav., loc. cit.,c. 6, n. i, seq. ; c. 7, n. 3 ; c. 8, n. 5, 6 ; c. 16, n. 6, seq. ; L. xxi. c. 5, n. 4 ; c. 6, n. 20, 21 ; c. 13, n. 5, Ixxiv., c. 2, n. I. Raynald, a. 1563, n. 4, 5, p. 99. Launuy Reg. Navarr. Gymnas, p. I., c. 6. ^ Cf. Hefele, Theological Quartei'ly Rruir^o of Tübingen, 1846, p. 3, seq.^ "On the Destinies of the Church since the Council of Trent." 2 12' A Glance at Couricils. of many of the most salutary regulations, of the ascendancy obtained by the principle of Terri- torialism, and of many other like things, Janus has not a word to say. He knows only how to speak of the experiences (p. 419) which the non-Italian bishops must have made at Trent, of the prohibi- tion to write commentaries on the decrees of the Council, and of the interpretation of those decrees reserved to the Apostolic See. And yet it is pre- cisely the " Congregation of the Council " which has rendered the most indisputable and the most eminent services to the progress of canon law. But the soil already trembles under our feet. The last CEcumenical Council of Trent, which forms the most important source of the new eccle- siastical jurisprudence, was not free, and an un-free Council is invalid, null, or at least non-obligatory (p. 425) ; although the whole Church has received it,^^ it still is not binding. Of all General Councils there seem to remain, then, only the first eight, as well as those of Constance and Basle ; so we have no legal foundation more. And, moreover, we have no longer any hope, for a free Council is no longer to be expected. " The chief reason," we are told, " why nobody since the Synod of Trent any longer desired a Council, lay in the conviction, that if it met, the first and most essential condition, freedom of deliberation and voting would be wanting" (p. 421).^^ "Nay, in ^ Bennettis, p. i., t. i., pp. 529-532. ^8 What Pallavicini {op. cit., L, xvi., c lo, n. 9, 10) has written upon the difficulties of holding again a General Council, from the impression of the many obstacles offered by the diverging interests of different nationalities, and by the secular courts, as well as with reference to the dangers so easily menacing ecclesiastical unity, and also with reference to those data in which he concurs with Sarpi — all this is adduced by Janus (p. 421) as an expression of the general sentiment, *' that Councils as little fitted into a Church constituted A Glance at Councils. 2 1 3 the countries subjected to the Inquisition, the mere wish for another Council would have been declared penal, and would have exposed to danger those who uttered it" (p. 420). This wish was doubtless culpable, where it coincided with an ap- peal to a future General Council, forbidden as such appeals were by canon law, or when it proceeded from hypotheses menacing to the peace, the dignity, and the unity of the Church, where, as in the case of the French Appellants of the last century, it served as a pretext for schismatical and heretical aims. ]3ut, we are told, bishops are not free, they are bound to the Pope by an oath (p. 445, German), and by a real vassal oath (p. 169). Precisely so spoke the German Protestants, when Invited on the 28th April 1545, and 24th January 1552, to take part in the Council of Trent.^^ And yet St Boniface had bound himself to the Pope by an oath,^° and yet this is an usage dating from many centuries, and required by the need of unity. Does this oath hinder episcopal frankness "^ does it prevent the bishop from speaking according to the dictates of his conscience ? When the newly - consecrated bishop swears to respect, to defend, and to pro- mote the rights and privileges of the Apostolic See ; so he swears in the same formula also to observe the rules of the Holy Fathers. The one clause does not, in the sense of the Church, subvert the other. The well-being of religion and of the Church constitutes for the bishop the supreme rule of all his efforts and actions; and it is by no means merely for the advantage of the Curia this form of oath provides.^^ into an absolute Papal monarchy, as the States-General fitted into the monarchy of Louis XIV." 8^ Raynald, a. 1545, n. 20; a. 1552, n. 1 1, seq. s° Othlon, Vita Bonifac, L. i. 144. Bonif., ep. 1 18. Serrar,, ep. 2, ed. W. "^ The oath of bishops since the time of Gregory VII. has been 2 14 ^ Glance at Cotmdls. But what, then, constitutes the necessary free- dom of bishops ? Let us hear on this subject the old master, Febronius.^"" He requires that the Pope or his legates should exercise no preponderat- ing influence over the deliberations of the Council, should not forbid the bringing forward of certain matters for discussion, should make use of no threats or promises, and should not hold the Council in any place unfavourable to the freedom of deliberation. If, now, such claims were regarded as conditions necessary to the legitimacy of a Synod ; so from this synodical freedom new diffi- culties only would spring up, and various doubts as to the real legitimacy of the Council would be fostered. ^^ Surely with the right of convocation, the Pope has the right of presidency and of the initiative in a Council ;^'^ even in the summons he can determine the subjects for discussion ; he ceases not in the least degree, when he enters into deliberation with his brethren, to be the head of the entire Church, as well as of individual local Churches.^^ To use menaces or promises were unworthy of the Pope; and the employment of such means at the present day is not conceivable. But from the very fact that the Pope assembles the bishops around him, in order to deliberate with them, it follows, of course, that he will not fetter their free expression of opinion. To the bringing forward certain special matters such little hind- rance is opposed that, on the contrary, even before copiously treated of by Bianclii {op. cit., t. i., L. ii., § 12, n. 2, 3, p. 330, seq.), and by Bennettis, ii., t. iv., p. 351, seq. ^^ De Statu Eccl,, c. 9, § 3. ^^ Cf. Beidtel, loc.cit., p. 403. ^^ Ferraris Prompta Bibl. V. Concilium, art. I, n, 45-49. On the formula " proponentibuslegatis " in the Council of Trent, see Palla- vic, p. 141 ; L. XX., c. 8, n. 2 ; c. 15, n. 7, seq. Raynald, a. 1563, n. 66, 87, 190, 202. ^^ Zaccaria Antifebron, Vindic. I., p. 363, j^^. A Glance at Councils. 2 1 5 the gathering of the Council, an opportunity is offered for such proposals. Janus says, indeed, " from Gregory the Seventh's time, the weight of Papal power has pressed Uvi times more heavily upon Councils than ever did the imperial autho- rity" (p. 425). But never was a Synod reduced to such a position by the Papal power, as the third General Council was by the Emperor Theodosius II. ;^^ and at Trent episcopal freedom was far more menaced by the secular courts, than by the Roman Curia?'^ But when, in the sixteenth century, the demand was made, "first, that the proposed Council should not be held in Rome, or even in Italy, and, secondly, that the bishops should be absolved from their oath of obedience" (p. 425) ; the demand was by no means founded in right. Compliance with the latter postulate would have violated the constitution of the Church, and de- stroyed all hierarchical order ; the granting of the former might, indeed, have been attended with advantages, but been productive of disadvantages also, especially as Germany and France were then jealous of each other, were threatened with war, and were involved in the most fearful religious contests. Moreover, in despite of the proximity of the city of Trent to Germany, but very few bishops of that country appeared at the Council. Freedom, in the true Christian sense, is not the removal of existing limitations — not the arbitrary will of noisy demagogues — not the domination of Liberal theorists — not the faculty of doing every- thing ad libitum. Ethical freedom is the voluntary self-devotion to truth and to righteousness — to the kingdom of God. And in this self-devotion 9« Hefele, Cone. IL, 201. ^ Vid. Pallavic, op. cit., L. xxiv., c. 14. 2i6 A Gla7ice at Councils. Pope and bishops can concur ; they can, if they have any conception, however small, of their task, co-operate in their endeavours. And in despite of all human infirmities, the Spirit of God breathes over the general assembly of His Church ; and " where is the Spirit of God, there is freedom^ CHAPTER X. THE POPEDOM IN HISTORY. iiVERY one who examines the internal relations of Church history, will be con- strained to acknowledge that, since the eleventh century, there has been no period of it on which a CJiristian student can dwell with tmviixcd satisfaction ; and as he endeavours to get at the bottom of the causes underlying that timnistakable decay of Chnrch life, constantly getting a deeper hold, and more widely spreading, he will always be brought back to the distortion and transformation of the Primacy, as the nltimaie root of the evil!' So speaks Janus (Pref., p. xviii.) But with nnviixcd satisfaction we can dwell on no previous period of Church history. Everywhere, with the great and the lofty mingles human base- ness and viciousness ; even in the apostolic age, we meet at Corinth and elsewhere with great imper- fections, failings, and vices. Our satisfaction is everywhere but a relative one, never unqualified, never untroubled. But some subjects of satisfac- tion we find in all ages, and on which the eye can rest with pleasure. But why should these afflicting phenomena meet us only from the eleventh century t Why not, in conformity with the former teaching of Janus, from 2 1 8 The Popedom in History. the year 845 ? Why not from the tenth century, which exhibited so many deplorable spectacles? Why precisely from the eleventh age? In the second half of that century, we thought that it was the reform of the clergy, instituted by the Popes, which raised ecclesiastical life from the deep decay into which it had sunk, and enabled it to put forth its energy in the Crusades, and in so many new creations. " The corruption of the Church," says Neander, "which the general se- cularization of society threatened, had reached its culminant point, and thereby a reformatory reaction on the part of the Church had been called forth. But under given conditions, this re- action could proceed only from the Theocratic point of view, as those who displayed the greatest zeal against the abuses that had crept in, were ruled by that set of principles. Gregory VII. was animated by something higher than by self-seeking and sel- fish ambition ; it was an idea which swayed him, and to which he sacrificed all other interests. It was the idea of the independence of the Church, and of a tribunal to exercise judgment over all other human relations ; the idea of a religious and ethical sovereignty over the world to be exercised by the Papacy."' In favour of this great Pope, other Protestant inquirers also bear testimony that he was free from idle ambition and base pas- sions.2 But Janus, who calls him one of the boldest Popes, a man ''whom Nicholas I. only approaches" (p. 102), who precipitated Italy and Germany into a religious and civil war, charges J^ Neander's "Church History," ii. p. 375, third edition. - Luden's "History of the Gennan People," vol. viii. pp. 468- 471- Leo's " Universal History," ii. 125. Cf. Rühs's "Manual of the History of the Middle Ages," vol. ii. p. 367, and the works of Voigt and Gfrorer (German). The Popedom in History. 2 1 9 him with unhmitcd creduhty, and ** with an eager desire for territory and dominion" (p. 141). The Popes of the Middle Age carried on a great struggle for the freedom and independence of the Church ;^ and herein all who have a heart for this great idea admire them, as those, on the other hand, who are incapable of such feelings hold them in detestation. There, where others see how the faithful, anxious for the purity and the freedom of their Church, all the better men of those times, firmly rallied around the Papal chair, and sup- ported the Pontiffs in their contests against the sale of ecclesiastical benefices, against clerical con- cubinage, against violence and licentiousness ; — there Janus, entirely absorbed in his own fictions, sees " but a large and powerful party, stronger than that which, two hundred years before, had undertaken to carry through the Isidorian forgery, and had been labouring with all its might to weld the states of Europe into a theocratic priest-king- dom, with the Pope as its head" (p. loi). Of a real reform of the Church by Gregory VII. he finds no trace. Hitherto we had thought that, in the thirteenth century, ecclesiastical life, through the great religious orders of St Dominic and St Francis, fostered, as they had been, by the protec- tion of the Popes, received a new energy, which displayed its glorious fruits in religious missions, in science, in art, in so many lovable saints. But these orders, we are now told, were quite in the service of the Curia ; their members were Papal- Court theologians, authors of new forgeries (p. 263), the strongest props and pillars of the Pontifical monarchy (p. 152) : all that they otherwise did is obscured by "the distortion and disfigurement" of ^ Pichler, loc. cit. , i. pp. 32, 49, sty. 2 20 The Popedom in History. the Primacy. This is the black spot which Janus everywhere sees. We would almost believe that he labours under the jaundice. To many, even non-Catholic scholars, it has appeared that the great power of the Popes worked, on the whole, advantageously, especially as regards the education of the nations of Europe, and that that power was, in the design of divine Providence, a necessary step to a higher civilization. Let us hear, for example, the historian Staudlin. " The Papacy," says he, "was productive of many bene- ficial effects. Faith in a living vicegerent of Jesus, in a supreme lawgiver of Christians, in a judge on the faith and morals of the Christian world, in a subordination of secular interests to spiritual — this faith was to countless souls useful and advan- tageous, and promoted a reverence for Christianity. The Papacy united in one common bond the dif- ferent European nations, furthered their mutual intercourse, and became a channel for the commu- nication of the sciences and arts ; and without it the fine arts, doubtless, would not have attained to so high a degree of perfection. The Papal power restrained political despotism, and from the rude multitude kept off many of the vices of bar- barism."'^ Let us now turn to the French his- torian Michaud. *' The genius of the Popes," says he, " has been the subject of very great praise ; this praise was accorded chiefly with the view to bring into greater prominence their ambition. But if the Popes possessed the genius and the ambition ascribed to them, so we must believe that from their very origin they were engaged in the aggrandisement of their states, or with the growth of their temporal power ; but herein they ^ "Universal History of Christianity," p. 223. Planover, 1806. The Popedojn in History. 2 2 i were not successful, or did not attempt the execu- tion of such plans. Is it not more natural to think that, in all their great achievements, the Popes but followed the spirit of Christendom ? In the Middle Age, which was the period of their greatest power, they were themselves rather more guided by its spirit, than they themselves guided it. Their so- vereign power was the result of their position, and not of their will. . . . As the nations formed no other idea of civilization than that which they had received from the Christian religion, so the Popes were quite naturally the supreme arbiters among peoples. In the midst of the darkness, which the light of the Gospel incessantly strove to disperse, their authority must have passed as the first and the highest. The temporal power needed their sanction, kings and nations besought their aid, and asked counsel of them, and the Popes therefore held themselves authorized to exercise a general (?) dictatorship. This dictatorship was often exer- cised in behalf of public morality and of social order ; it often protected the weak against the strong ; it checked the execution of criminal de- signs ; it restored peace among states ; and pre- served an infant society from the wild excesses of ambition, of licentiousness, and of barbarism/' ^ Raoul Rochette observes : " During the long duration of the Middle Ages, the influence of the Popes was in general more advantageous than pernicious to Europe ; and if we weigh all things in an accurate scale, we shall find that society was indebted to the Papal power for more virtues and more blessings, than for any evils and mischief which that power might have inflicted. But in order to render this assertion more feasible to * " Ilistoire des Croisades," 4 ed, t. iv,, p. 97, t. vi., p. 230, sc-'/. 2 2 2 The Popedom in History. those who labour under the strongest prejudices, I must add that it is precisely such a state of civilization, or, if we will, of barbarism, as existed in the Middle Age, which was necessary to make the authority of the Popes attended with such favourable results." ^ " Whatever judgment we may form," says Leo- pold Ranke, " of the Popes of an earlier period, they had ever great interests at heart — the foster- ing of an oppressed religion, the struggle with hea- thenism, the propagation of Christianity among the northern nations, the foundation of an inde- pendent hierarchical power ; — these efforts (and it belongs to the dignity of human nature to will and to execute great things), these efforts stamped on the actions of the Popes a lofty character." ^ Such testimonies and judgments we might con- siderably augment* ^ But suffice it to ask, Where is there in the world's history a like institution, which (to consider it only in the light of human wisdom and policy^) so gloriously unites and reconciles classic antiquity and modern times, which has exercised its spiritual supremacy under the most various relations, which defended it where it was contested, and won it back again where it was almost lost } Where is there another ^ " Discours sur les heureux effets de la puissance Pontificale au Moyen Age," p. lo. Paris, i8i8. '' " The Roman Popes in the Sixteenth and Seventeenth Centu- ries," vol. i., p. 43. Germ. ed. * See Appendix, containing testimonies of German Protestant his- torians to the great moral and social services of the Papacy. — Trans. ** Cf. John von Müller on the League of the German Princes (Works, ix., p. 164). Hurter Innocent III., in many passages, espe- cially vol, i,, pp. 99-166, ii., p. 712. Ancillon Tableau des Revolu- tions du Systeme Politique del' Europe, t. i., Introduction, pp. 133- 157. Coquerel Essai sur I'Histoire du Christianisme, p. 75, ^ Cf. the English Historian Macaulay in his Critique of Ranke's " History of the Popes," Edinbwgh Revieiv, 1840. The Popedom in History, 223 institution which, in the worst times, standing up in opposition to the mightiest rulers, and regard- less of all external considerations, has protected with such energy and dignity the sanctity of the nuptial tie, the rights of the defenceless, the purity of morals, and which has with so much tact and moderation influenced the progressive march of human society ? And this, indeed, in a way that subsequently even non-Catholics could express the wish to see erected anew in Rome, under the presidency of the Pope, a supreme tribunal for the settlement of disputes among princes ? '° Where is there an institution which hath so vic- toriously surmounted the most violent assaults from every quarter, which hath so conquered the " gates of hell," which hath so victoriously with- stood all who have predicted its downfall, and have, instead thereof, incurred their own destruc- tion, whether they inscribed on their banner state- omnipotence, or the sovereignty of the people, or free science ? And what have we to bring against this institu- tion ? It was " forged documents" that raised it to its height. As if a piece of paper or parchment, especially in times when most people were unable to read, when the sword was in higher estimation than the pen, would have been able to erect a despotism, to which all bowed ! " It was the tyranny of the Popes, the subjugation of their fellow-bishops, that brought it about." As if all bishops had been servile, cowardly, imbecile '^^ Leibnitz Tract, de Jure Suprematiis, P. iii., opp. iv. 330. Lettre 2, ä ^L Grimaret. So again, in our times, David Urquhart has pub- lished a pamphlet, that has appeared in French, entitled, " Appel d'un Protestant au Pape pour le retablissement du droit Public des Nations. Cinq Propositions sur Toeuvre du futur Concile CEcu- menique." Paris : Douniol, 1869. 2 24 The Popedom in History. betrayers, of their own and of the Church's rights, who let the yoke be laid on their necks, and became mere functionaries of the Popes ; and at a time, too, when the dukes of the several races raised themselves from the condition of officials, to the rank of sovereigns, and even many bishops became powerful princes!" **The jurists were the first to debase science into an instrument of flattery; and it was only after the close of the thirteenth century theologians followed them in the same course" (p. 202). We may hate and calumniate the jurists; but if their doctrines had not been based on the general convictions of their contem- poraries, and had not rested on a solid legal ground- work, their science could never have achieved so much. " The Interdicts, and the ever more violent measures of the Popes" (p. 180), could have effect, only on the supposition of their well-established moral authority, and on the recognition of their jus- tice. And as if all this does not suffice, pecuniary interests are brought forward ; and we are told of the extortions whereby the Popes drained whole countries. But not a word is said as to how much those very Pontiffs achieved for works of instruc- tion and of beneficence, for the ransom of Christian slaves, for the fitting out of Missionaries, for the Crusades, for the Union of the Greeks, for the struggle against the Turks, for the interests of Catholicism in lands in which it was endangered. Not a word is said as to the grievous afflictions of the Roman Church, especially after the acts of " In fact, under Innocent III,, bishops soon began to subscribe themselves as such " by the favour of the Papal See" (Janus, p. 171). The formula Dei et Apostolicae Sedis gratia, is doubtless frequent in the thirteenth century, but already occurs in the year 1093. " Zaccaria Dissert, de Rebus ad Hist. Eccl. Pertin." Fulgin. 1781, t. ii. Dissert, xii. The Popedom in History. 225 violence. on the part of the Emperor Frederic IT., who, in his antagonism to religion, recoiled from no measure/^ and forced the Popes to make a more extended use of their ecclesiastical right of taxa- tion.^^ Nay, scarcely a word is to be found in the pages of our opponent respecting the countless difficulties by which Gregory VII., Urban II., Alexander III., Gregory IX., Innocent IV., and so many other Popes, down to the present day,, were beset. In fact, the Apostolic See had necessarily become the centre of a new political order of states, the representative and the protector of Christian in- ternational law. But the reaction of the secular power, and especially the efforts of the Hohen- staufen directed towards the subjugation of Italy, and more particularly of Rome, had brought about a series of arduous contests, in which the Pope was more than once obliged to lean upon France, that then obtained an ascendancy, which wounded the national susceptibilities of all other peoples, and furthered a policy for the prosecution of separate interests.'"^ Even in their most afflicted condition, however, the Popes fulfilled their duties till the entanglements of Italian politics, the hostile fer- menting elements of the fifteenth century, and the growing corruption of m.orals, rendered their task more and more difficult. Already in the sixteenth century, not merely the Papal throne,, but even Catholicism itself, appeared on the brink of de- struction. But then an energetic resistance arose; with renovated and newly-gathered strength, the Catholic Church confronted the Protestant world.'^ ^- Döllinger's " Manual of Church History," ii. p. 220. 13 Phillips' Can. Law, v., § 235, p. 450, seq. ^\ Cf.DöUinger, "Church and Churches," p. 33, seq. (InGerman. 1^ Ranke, loc. cit., i-j P- 377« P 2 26 The Popedom in History, We see holy bishops, priests, and monks adorn the Church ; we see the Popes from the times of Pius IV. and Pius V. display untiring activity for all ecclesiastical interests ; we see them amid a thousand obstacles propagate religion, defend with the utmost intrepidity against powerful rulers the primitive word of truth ; we see them combat, and endure, as the Sixth, the Seventh, and the Ninth Pius have proved. Nay, even the hostile world would pay their homage and respect to Pontiffs, so ardently beloved by the Faithful, if as they are now so secure, and powerful in their ecclesiastical position, they could but resolve to renounce a temporal dominion, so odious to the "spirit of the age,"'^ but which appears to the rigid Ultramontanes to be at present essentially necessary.'^ But then are all the abuses of the Roman Curia, proved by so many witnesses and records, to be justified ? We should think that two things are here to be distinguished, the Institute of the Cttria itself, and the abuses that in the course of ages have crept into it. That the Popes of later times needed a greater number of functionaries than those of an earlier period, no one will be inclined to dispute. In the same way no one will assert, that the modern State should dismiss all its officials, and return to the relations of the old patriarchal Government. In the eleventh century the name of Curia was not yet despised ; Peter Damiani says, the Roman Church should imitate the ancient C^iria of the Romans, its senate, in order to subject all mankind Iß *' Only if the Pope ceases to be an Italian Sovereign, can he claim to be a universal Pojtti/ex:' So the Times expresses itself. (See the notice in the Augsburg Allgemeine Zeitung, 6th Nov. 1869.) 17 The Catholic literature on this point is so extremely rich, that it is needless to refer to particular writings. The Popedom in History. 227 to the laws of the true Emperor, Christ.'^ At an earlier period, we already find numerous func- tionaries of the Pope ;^^ and if the name of Curia gave offence to Gerhoch of Reigersberg and others (p. 217), it had still long before been used in a good sense.^° As regards abuses, we must in an accurate statement discriminate the several func- tionaries, as well as the different periods, and next again, the different critics of the Curia. Of these some viewed it from a close proximity, others judged it at a distance; some blamed it from a momentary ill-humour, others from long-cherished animosity. The ascetic zeal of some was dis- pleased with all profane forms and legal insti- tutes ;'^ others again found fault with the covetous- ness and other defects of the functionaries for the time being. Among the witnesses to the corrup- tion of the Roman Curia, which had partially suc- cumbed to the temptations of wealth and luxur}'," ^^ Opusc. xxxL, c. 7, p. 540 {Mi^ne, p. p. lat. t, cxlv). Romana Ecclesia, quae sedes est Apostolorum, aniiquam debet imitari curiam Romanorum. Sicut enim tunc terrenus ille senatus ad hoc communi- cabant omne consilium, in hoc dirigebant et subtiliter exercebant communis industrias Studium, ut cunctarum gentium mviltitudo Romano subderetur imperio, ita nunc Apostolicas Sedis aeditui, qui spirituales sunt universalis Ecclesias senatores, huic soli studio debent solerter insistere, ut humanum genus veri Imperatoris Christi valeant legibus subjugare. ^ Phillips' Can. Law. vi., § 298, seq., p. 343, seq^., where in general much rich material is found. -" TertuU. ApoL, c. 39. -^ Even the name curiales was in the more ancient signification of the word offensive to many religious people (^-id. Thomassin. de vet. disc, p. ii., L. i.,c. 66, n. 6, seq., 67 n. c. 8, seq., 74, n. 9). Even Peter Damiani still identifies the curiales with the aulici. Cf. Opusc. xxii., c. 3, p. 467. Let us only think of the court clergy of the Em- peror Henry IV ! *■- Erasmus Rot. Explic. in SjTnbol., p. 32. In nulla autem ecclesiarum diutius viguit pietatis ardor fideique sinceritas, in nullam minus haereseon ac tardius irrepsit malum, quam in ecclesiam Ro- manam. Utinam non inundassent hujusmundi lenocinia I Yet even Erasmus is not herein a quite unprej-udiced witness. 2 28 The Popedo7n in History. as well as to that of the Italian clergy in general, there are found on the one hand benevolent men belonging to that very clergy, as well as many pre- lates, who attended the Fifth Lateran Council, and that of Trent (p. 363). And surely those indi- viduals are not to be considered as quite corrupt, and incapable of all improvement, who make an open avowal of their own faults, as well as of those of others. But of these faults all are by no means to be set to the account of the Cttria ; many are far more to be ascribed to that heathen spirit aroused by the Humanists, as well as to the disorders introduced by recent wars, as also to the nomination of unworthy bishops by Sovereigns.^^ Even authorities, like Adrian VI., cited by Janus (p. 357), are at fault, of whom, more- over, Pallavicini^"^ not unjustly remarks, that he had never before his Pontificate accurately known the Roman Ctiria, that in this matter he had lent but a too credulous ear to the misrepresentations of his courtiers as to the preceding Pontificate, that in the selection of able men he was not near so happy as Leo X., and that his reforming zeal sometimes transgressed the rules of prudence. On the other hand, men are brought forward as witnesses who were the notorious enemies of the Popes, such as the scurrilous Infessura,^^ and such as the too cele- brated Nicholas MachiaveUi, who, whatever may have been his intentions, was the teacher of the most unprincipled and profligate system of politics 23 How far in this respect the abuse had gone in Naples is shown by the case that occurred under Pope Clement XI., when an eccle- siastic presented to a benefice was, on account of his total ignor- ance of the Latin language, necessarily rejected by Rome. Vide Rigant. in Regul., xx. Cancell., n. 41, t. ii., p. 292. ^^ Pallavicini, Hist. Cone. Trid., 1. ii., c. 7, n. 9-14. 25 Muratori (Rer. ital. Script, iii. ii., pp. 1109, 1 175, 11 89) calls him proclivis ad maledicentiam. Cf. also Raynaldus, a. 1490, n. 22. The Popedom in History, 229 ever broached in the world, as well as the historian Guicciardini, who can lay claim to the title of any- thing- but an impartial historian (pp. 355, 35^-'^ Hence we find so much that is one-sided and ex- aggerated, that individuals are treated with the greatest injustice, as, for example, Cardinal Caje- tan, who was legate in Germany, is said to have " embittered the Lutheran business by his insol- ence" (p. 361), whereas Luther himself, in his let- ter to him, acknowledged his friendliness and his agreeable manners ; and from the Conference at Augsburg, we certainly may infer anything but arrogance on the part of the legate. We are told of the corruption of the Milanese Church before the times of St Charles Borromeo, but nothing is related of the acts of that saint ; the decline of morality in Rome under Leo X. is described, but nothing is said of the reform under St Pius V.^^ This corruption of the Ctcria is a noteworthy thing — an old bye-word of parties hostile to Rome — an old subject of attempted reforms on the part of men, whether called or uncalled. The Refor- mation here is no small work. The duty and the need of removing abuses was constantly recog- nized ; it was only the difficulty of the task, and the at times well-founded fear lest with the tares 2^ A certain predilection for authors in ill-repute at Rome is ap- parent in the very citations of Janus. We find among his authorities (pp. 423, 445, 473) the fanatical Spanish Jansenist Villanueva (vid. respecting him Fuster Escritores de Valencia, ii., p. 304, seq. Cas- tillo Historia critica de las negociaciones con Roma. Madrid, 1859, vol. ii., c. 7, p. 147, nota), the French Jansenist Arnauld (p. 414), the Calvinstic Church historian Hottinger (p. 344), the modern ad- versary of the Popes Antonio Gennarelli (p. 26). Launoy is far more used than cited (329). Willingly is the authority of Matthew Paris alleged (pp. 210, 237, 343, G.), who, moreover, is full of the grossest errors. (See DöUinger Manual, ii., p. 279.) With respect to Robert of Lincoln (p. 219), his assertions are refuted by Ray- naldus (anno. 1253, n. 43, anno. 1254, n. 71). -'' Cf. Ranke, loc. ciL, i., p. 361. 230 The Popedojn in History. the wheat also might be plucked up, which often delayed the work of reform.''^ The great difficulty of this task even Janus appears to feel, when he represents the Popes as dependent on the Curia, and incapable of bursting their fetters asunder (pp. 183, 184), and when he lays the charge of corruption more on the system, than on persons (p. 1 84). However, it cannot be denied that many evils formerly lamented have now been in part com- pletely set aside, in part considerably diminished ; and it is very unjust to rake together abuses from different ages, as if they had remained uniformly the same. We can now no longer say that through the Cti-ria Simony is the mistress of the Church (p. 222) ; that the Curia draws all petty details to itself (p. 188); the granting of benefices by the Roman See has in most countries almost entirely ceased ; the dues for the Pallia and other imposts have been considerably reduced ; the purchase of places has disappeared ; the procedure of many tribunals has, by the wise constitutions of Pius V., Sixtus v., Benedict XIV., and other Pontiffs, been better regulated ;^^ and ameliorations have been constantly designed, and introduced slowly but surely into life. Well worthy of consideration, in more than one respect, are the words which the Papal legate Aleander addressed on this matter, on the 13th February 1 5 21, to the diet of Worms.^° Passing to the charges against Rome, he rejoices to speak before men whose minds are not entangled by the -^ DöUinger, "Church and Churches," xxxi., No. 16. -^ Phillips' Can. Law, vi., § 315, p. 520, seq.; § 319, p. 561, seq.; § 320, p. 565, seq. Bangen, "The Roman Citria." Münster, 1854. Zaccaria Antifebronio, i., p. xii., Ixxxii., seq. For the more ancient times compare still Henric. Institor., ap. Raynalcl. anno. 1498, n. 25, seq. ^" Pallav. Hist. Cone. Trid., 1. i., c. 25, n. 13, seq. The Popedovi in History. 2 3 1 prejudices of the multitude ; and he declares that it enters not into his design to occupy their atten- tion with the course of procedure of the tribunals, and with the functionaries of Rome. In the same way as royal chambers are sometimes filled with dust, from which they must from time to time be cleansed ; so into the courts of princes abuses creep, which often require reform. The insight of the Emperor, and of this illustrious Diet, into the wants of Germany, is not so contracted, nor their credit with the Roman See so small, that they could not — without the tragic exclamations, and the infuriated cries of a wrangling deserter, carried away by the blindness of his rage — of themselves make to the Vicar of Christ the necessary representations, and that the latter would not be ready to meet their just demands. But what Luther seeks to destroy is the Papal power itself. His chief reason is, that one acts at Rome otherwise than one teaches ; hence men are taught not by truth, but by deception. To this we may reply, that whoso will not lend his ear to calumny, but examine the matter with his own eyes, will find in Rome much that is great and worthy of admiration — so much time, so much money em- ployed in the service of God, such abundant alms to the poor, such abstinence from all which the senses crave, and which in other countries is taken without shame, such blamelessness of conduct in most of the members of the Apostolic Senate, and in the other leading classes of society, that one is forced to avow, here is manifested something quite extraordinary, something exalted above the powers of m.en. I pass over the words of Christ when He exhorts us to follow the doctrine, and not the example, of those who sit in the first chair of in- struction (Matt, xxiii. 2, 3). But I say that, 232 The Popedom i7i History. according to the argument of Luther, the right logical conclusion would be the very reverse. It is, I assert, a clear proof of a false religion, when its constituted guides, although ever increasing in numbers, still through the course of ages are wont exactly to practise what they teach and pre- scribe. It was so with the religion of the Pagan Romans, it is so with that of Mohammed. But it is not so with the religion which the Popes of Rome teach. They professed at all times that religion, although it condemns all of them as sub- ject to defects, many of them as in certain respects guilty, some (I say it boldly) as vicious, although this religion forces them to a certain submission, which mortifies their inclinations, and subjects many of their acts that, out of the pale of this religion, would be irreproachable to public blame in their Hfe-time, and after death to historical ignominy, and although this religion, in respect of eternal glory, concedes, even here below, to a bare-footed monk a pre-eminence over the crowned Pontiff. What earthly gratifications, what earthly interests could have led to the inven- tion of this .religion t How would it have been possible for the Popes, though at times vicious, and in other things often guided by quite opposite views, to have concurred with such steadfastness, such uniformity, and such concord in the confir- mation of the same doctrine, if truth had not dic- tated to them this religion, and heaven itself in- spired them > That in Rome, even among the prelates, faults, and even very grave ones, are com- mitted, is not there arrogantly denied, but con- fessed with humility. Rome it is which not very long ago canonized the same Bernard, who in his life-time had so bitterly censured her in his writ- ings. If Luther calls Rome the home of hypo- The Popedom in Histoiy. 233 crisy, so this is the ordinary calumny of unbridled vice against the reverence paid to virtue, and en- vied by vice ; and were it true, who does not know that hypocrisy dwells only where genuine virtue is to be found ? If genuine gold were not held in high estimation, who would give himself the trouble of forging such coin ? And so no one will endea- vour, at the cost of an irksome dissimulation, to appear virtuous in a community, where he sees not virtue rewarded and revered. After the legate had shown how the Popes could not have usurped the supreme power in the Church, and how neces- sary that authority was for all, that we should not apply the standard of earlier times to the circum- stances of a later period, and that the political inde- pendence of the Holy See appears to be a necessity, he then speaks on the contributions of Christendom for the adequate endowment of the head of the Church, and for the splendour of the Church itself. " Voluntary poverty is commended in Rome ; its promoters revered, its despisers condemned ; but so high a virtue is not to be desired or to be expected of all. Laws are then worst when they exact the best — that is to say, when they prescribe a degree of perfection not to be hoped for from all. God will not root out from all souls the innate inclina- tions, nor impart to all an heroic sanctity. In the service of the Lord, therefore, human incommodi- ties must be compensated for by human advantages ; and therefore we desire for the Church peace, and not persecution. The latter state of things is doubt- less more fruitful in saints ; but the former, from its greater ease, is far more conducive to the salvation of souls. The recourse to a human stim- ulus does not, by any means, deprive a good work undertaken for the glory of God of its merit, as we may see from the many earthly rewards 2 34 The Popedom in History. which God promised in the Old Testament. If the capital of the Christian world is to be filled with noble, capable, learned, and able men, who have left their homes, who have given up domestic joys, and submitted to many hardships ; so the prospect of honours and emoluments must serve to compensate and facilitate their sacrifices. But it is said, things could yet be tolerated, if in Rome rewards at least were bestowed according to merit. I reply, then every state would be deprived of the means of rewarding merit ; for none possess in the distribution of recompenses an unerring wisdom and spirit of justice. " Nay," as an excellent writer has observed, " mistakes in this matter are necessary, in order to preserve peace and order in the state ; for were it once fixed and certain that the greater reward would ever be the lot of the greater merit, then it would be intoler- able to the individual to see himself repulsed. It is a splendid solace to be able to accuse fortune as the foe to virtue." Moreover, it is shown that the benefices bestowed by the Pope out of the Ecclesi- astical States are, for the most part, conferred on natives of the countries in question ; and where this is not the case, a compensation is found in an interchange with other provinces ; that the sums demanded for the despatch of bulls and rescripts would not suffice for the maintenance of even the smallest court ;^^ that in these monies ecclesiastics of all lands have a share ; that numerous institutes of beneficence for the whole of Christendom exist in Rome ; and that many scholars and artists find ^^ Janus appeals (p. 374, seq., n. 394, seq.) to the "Taxse Cancel- lariae Apostolicse," printed in Rome under Julius II. and Leo X., and which cannot be distinguished from the editions put forth by Protestants. But does he not know how much was published in the sixteenth century with the false print of Rome ? The Popedom in History -JO support in that city, as towards these, indeed. Pope Leo X. displayed the greatest munificence. Had Janus now, in the spirit of a St Bernard and of other saints, fairly exposed the still existing defects in the Ciiriay and recommended their re- moval, instead of condemning the whole " system," and indulging in such gross and manifold exag- geration, he would then have rendered a service to the cause of Christendom, and been entitled to our warmest thanks. Had he proposed well- grounded schemes of reform, his work would cer- tainly not have met the fate of remaining utterly disregarded, or (like to that opinion which Paul IV., before his accession to the pontifical throne, had put forth, and afterwards, as Janus assumes, condemned, ^^) of incurring a prohibition ; — an event which on no account do we desire. But it only injures the cause, w^hen facts and legal principles are inextricably confused, and the truth, which could be suggested, is distorted and disfigured by the admixture of falsehood." For the tenfold grosser abuses of secular courts and of official circles, men have no eyes ; for harsher discords in other spheres, they possess no ears. But it is only when the Papal court is in question, when the organs of the head of the Church are in question, they possess Argus eyes, they hear every murmur, they gather notices from the natives of all lands, '- That Paul IV., when Pope, placed on the Index his former opinion (as asserted by Janus, p. 233, n. I.) is by no means proved. Vide Bennettis, p. 1 1, t. v. Append., § viii., p. 739-741. Zaccaria, loc. cit., p. Ixxxi., seq. ^ We speak not of the exemptions so much complained of, but which have been, since the Council of Trent, diminished (Janus, p. 166), and which the Oriental-patriarchs exercised also. Thomassin, op. cit., P. i., L. i., c. 9, n. 15 ; c. 16, n. I. L. iii., c. 30, ^^5. Ben- nettis, P. ii., t. iv., p. 554, seq. Goar Eucholog. Gr., P. 612, note. Ebedjesu Collect. Can., Tract, vii., c. 6 (Mai Nova. Coll., x. p. I33> 134). 236 The Popedom in History, from the members of various races and classes ; they give ear to the complaints of disappointed ambition, of unmasked selfishness, of bankrupt speculation, of petty jealousy, of professional slan- der, and circulate all these reports against Rome, giving new strength to the no-Popery cry ; while Rome herself, constantly reviled, remains in her attitude of calm dignity, and belies not the ancient saying, " Roma patiens, quia aeterna." Still the charges are not yet ended. On the Papacy still lies the curse of the Inquisition, and of Witchcraft. The Inquisition, according to Janus, " had the triple object, first, to make the Papal system irresistible; secondly, to impede any disclosure of its rotten foundations ; and, thirdly, to bring the Infallibility theory into full possession" (p- 235). We shall say nothing about the rotten foundations, which we have already had occasion to examine ; we shall pass over the by no means stringent arguments, as well as the inquiry into the expressions of the Ancient Fathers.^'^ But yet thus much in our opinion history clearly shows, namely, that the immediate object of the Inquisi- tion was to purge the Christian countries of Europe of the most dangerous sects, that sought to bring about not only a religious, but a social and political revolution ; that assailed the principles of marriage, the family, property, and the whole organisation of state, and thereby rendered the severest measures necessary for the protection of society.^^ But it is more than one-sided to disreg^ard all the existinsr relations of society, to refer everything exclusively to Papal power, and to pass over all that has been said in favour of the Popes, all that has been done ^^ Aug. ep, 185, ad Bonifac. Retract, ii. 5. Hier, in Gal. 5, 9 ep. ad Ripar, c. Vigil. 109 n. 3 Leo M. ep. 15 ad Turrib. Greg. M. L. I. ep. 74 0pp. ii. 558 ed. Paris. 1705. Isid. Hispal. Sent. iii. 51. ^^ Dollinger's " Church and Churches," pp. 50, 51. The Popedom in History. 237 by them for averting harsher measures, as, for ex- ample, by Innocent 1 1 1, in regard to the Waldenses.^*" The ecclesiastical and the civil laws were in'rcspect to heretics in perfect harmony ; and the Reformers of the sixteenth century started from the same principles. For the particulars we beg leave to refer to larger works.^^ But even " the whole treatment of witchcraft, as it existed from the thirteenth to the seventeenth century, was partly the direct, partly the indirect, result of the belief in the irrefragable authority of the Pope" (p. 249). But in the working out of this assertion, very many things have been left out, as, for example, that in the year 799, a German Synod ordained that enchanters and witches should be incarcerated and brought, if possible, by the arch- priest to an avowal of their crime ;^^ that Gregory VII. expressed himself against a belief in witch- craft;^^ that besides "an incidental expression of St Augustin, used in mere blind credulity" (p. 252), passages of other Fathers lay before the eyes of the mediaeval divines.'^^ Yet these are trifles. But did not a belief in magic and in witches exist among the Greeks also P"^' Was not under John IV., the 3^ Innoc. iii. Lib. xi., ep. 198. ; L. xii., ep. 17 ; L. ii., ep. 141 ; L. xiii., ep. 78. ■*^ Hefele's Cardinal Ximenes, 2d Edition, p. 291, scq. Concil. vii., p. 214, seq. Beidtel's Can. Law, p. 563, seq^. Devoti Instit. Can. L. iv. tit. 8, t. iv., p. lOi, seq.; ed Romae 1794. That, moreover, the Inquisition was not so barbarous in Italy, may be inferred from the many very free expressions against Rome and the hierarchy, which Janus has carefully collected. He himself allows (p. 356) that it is worth showing, that in spite of the Inquisition, much could be said in Italy, and many an avowal made. '^ Hefele, Cone, iii., p. 684, c. 15. 23 L. vii. ep. 21, Cf. Neander ii., p. 380. *" Cf. in Gratian the Causa xxvi. q. 5, and the passages in Görres Mysticism (vol. iii. p. 44, seq.) It is unnecessary to observe that this work, in other respects, much needs a prudent criticism. ^^ Psell. de dcemonum operat. c. 7-19. Phot. Nomoc. ix. 25, xii. 3, xiii. 20. Matth. Blaster. Syntagma alph. M. c. i. 238 The Popedom in Histojy. Faster, who died In 595, a certain Paulinus exe- cuted as a magician in Constantinople ? "^^ Were not in the East investigations carried on against such persons, especially in the fourteenth century, when, for example, the Patriarch John XIV. com- missioned ecclesiastics to go round the city, seeking for wizards, and when in this quest, were they not aided by the civil functionaries }^^ Did the Popes transplant witchcraft to the schismatical Greeks also ? Is it worth while to give any further refuta- tion to such charges ? Let us revert to the Papacy, which we see is free from those appendages, that some desired to attach to it. One of our German classics says, it is a severe but just law of destiny, that as all evil, so all tyranny is sure to wear itself out.'^'^ Is this law to be belied in the Papacy alone, or doth this insti- tution show itself to be not such a despotism, as many would fain make us believe. Here even Janus becomes thoughtful. '* It is a psychological marvel," says he, ** how this unnatural theory of a priestly domination, embracing the whole world, controlling and subjugating the whole of life, could ever have become established" (p. 182). And we add, it is the greatest enigma how such an institu- tion ever came into life. This enigma Janus does not solve. All his explanations are too artificial, too forced ; the circumstances adduced by him all appear incapable of bringing about the end proposed. But if we assume the Popedom to be a divine, beneficent institution, thoroughly monarchical indeed, but not so despotic, not ^2 Theophyl. Simoc. I, ii., pp. 56, 57, ^^ Acta Patriarch. Constantin, Miiller.et Miklosich t. 1., Doc. 85, p. 184-187. Cf. ibid., Doc. 79, 80, 86, 134, 137, 153, 228, 292, 377, 331, Also Balsam, in c. 24. Ancyr. 61 Trull. Basil. Can. 83. *■' Herder in his " Ideas on the Philosophy of the History of Man- kind." The Popedom in History. 239 so unlimited, as it has been represented, but circumscribed by its object, by the spirit and the practice of the Church, by primitive tradition and established rules — moreover, protected and borne up by the Divine aid ; then not only will the enigma of the past, but that of the present also, find for the most part its solution. CHAPTER XI. THE CHURCH, THE DOGMA, AND THE NEW COUNCIL. |HAT the modern opponents of the theory of InfallibiHty, not so much by the force of an inexorable logic, as from their own want of theological skill, have been driven to the point of assailing the Papal supremacy itself — acknowledged, as it is, throughout the whole Catholic Church, as existing_/>/r^ divino — we have already seen. But the opposition is pushed still further : it is directed against the dogma of the Church itself, as taught not merely in every dog- matic treatise, but in every catechism. According to Catholic doctrine, the true Church of Christ possesses at all times four essential notes by which she may be ever recognized, namely, sJie is One, Holy, Catholic, Apostolical. The Church hath for her the promise of Christ, that He would remain with her *' all days,'' even to the consummation of the world (Matt, xxviii. 20) ; that against her, founded on the rock (Peter), the gates of hell would never prevail (Matt. xvi. 18) ; that the Paraclete, the Spirit of truth, would abide with her/^r evcj', and teach her all truth (John xiv. 16-18). There cannot be a single moment The CJmrch, the Dogma, &c. 241 in history at which the Church is bereft of this assistance ; she can never fall away from the truth ; she is not merely in the days of the apostles, not merely in the first six or seven centuries, but at all times the " pillar and ground of the truth" (i Tim. iii. 1 5). She is at all times in possession of the truth ; ^ she hath at all times the tradition of the apostles ; " ^ never can it be said she hath experi- enced a falsification of the true doctrine till this or that reformer came to her aid.^ She is inundated wath the light of the Lord, and she pours forth her rays over the whole surface of the earth. She, the Bride of the Lord, can never be an adulteress ; she is inviolate and pure."^ She is unconquerable ; and it were easier for the sun to become extinct, than for her to be annihilated.^ All in the Church is guided by God.^ In conformity with these fundamental doctrines all theologians have rejected the opinion of the Jansenists, and of their disciples, respecting an ^ Iren. adv. hser., iii. 4 : depositorium dives veritatis. - Tert. adv. Marc, i. 21 : Non alia agnoscenda erit traditio Apo- stolorum, quam quos Jwdie apud ipsorum ecclesias editur. ^ Loc. cit., i. 20 : O Christe, patientissime Domine, qui tot annis interversionem pr^edicationis ture sustinuisti, donee tiloi scilicet Mar- cion subveniret ! Cf. de prcescript, c. 28. •* Cypr. de unit. Eccles., c. 5, 6, p. 214. Ed. Vendob. 1868. (Corp. script, eccl. lat. ed. impens. acad. Goes., t. iii., p. i.) Even the words following, which we omit for the sake of brevity, are worthy of all consideration. ^ Chrys. horn. 4 in illud : Vidi Dominum, n. 2 (Mignelvi., pp. 121, 122) : " jxavdaveru} rijs aXrjdetas ttjv Icrxi"^, ttws evKoXwrepov top t]\lou aßeaörjvai, rj ttjv kKKkrjaiav acpavLadrivaL. Learn the force of truth, that it is easier for the sun to be extinguished, than for the Church to disappear." 6 Cypr. ep. 59 (al. 55) ad Cornel., n. 5, p. 177 : Cum ille (Do- minus Matth., 10, 29) nee minima fieri sine voluntate Dei dicat, existimat aliquis siinivia d magna aut non sciente aut non per- mittente Deo in Ecclcsia Dei fieri et sacerdotes, id est dispen- satores ejus, non de ejus sententia ordinari? Hoc est fidem non habere, qua vivimus, hoc est Deo honorem non dare, cujus nutu et arbitrio regi et gubernari omnia scimus et credimus. 242 The Church, the Dogma, overclouding and obscuration of the Church en- during for centuries, as one incompatible with Catholic principle. And they have equally repu- diated the assertion, that a false doctrine could have maintained itself throughout the whole Middle Age, and even have found approval and encour- agement on the part of the Apostolic See. How is the Church to be that Church of Christ depicted by the Fathers, if its central guidance has become all corrupt, its head has departed from the right way, if the Papacy, as it became after the year 845, "presents the appearance of a disfiguring, sickly, and choking excrescence on the organisa- tion of the Church, hindering and decomposing the action of its vital powers, and bringing mani- fold diseases in its train.?" (Pref. xix.) If when one member suffereth, all the other members suffer (i Cor. xii. 26), how much more must the members of the Church suffer, when their head hath become diseased, or even " a disfiguring, sickly excrescence } " According to the doctrine of the Fathers, the adverse condition of the Apos- tolic See involves the decay of all other churches ; on that central See dependeth all the weal and prosperity of the Church.^ Nay more, if a false doctrine obtained for centuries the ascendancy, then is the infallibiHty of the Church herself de- stroyed. Passive and active infallibility are inse- parably connected; and with the infallibility of the ' Petrus Damiani Opus, iv., p. 67, ed. Migne: Hac (Sede Apos- tolica) stante reliquae stant ; sin autem hcec, quas omnium funda- mentum est et basis, obruitur, ceterarum quoque status necesse est collabatur. So already perceived the Fathers of Aquileia in their address to the emperors, A.D. 381 (Coustant, p. 554), wherein they beseech them not to permit Ursinus to carry on any intrigues in the Roman Church, for by the perturbation of the latter the whole Church is imperilled ; inde enim (from the ecclesia Romana, totius orbis Romani caput) et in omnes venerandse communionis jura dimanant. and the New Cotmcil. 243 Church her indefectibility is lost. Whoever can conceive it as barely possible, that " Catholicism, hitherto regarded as a universal religion, would, by a notable irony of its fate, be transformed into the precise opposite of what its name and notion imports" (p. 9) ; such a man must call in question all providential guidance of the Church, all the Divine assistance assured to her, and all virtue in the promises given unto her ; he must simply quit the ground-work of Catholic principle ; he must choose another set of principles ; and for him " the pretended great unity of the Roman Church would be to-day no more than a myth."^ He has no longer any right to appeal to the Gallicans and their doctrines.^ For the latter believe, for example, that the indefectibility of the Roman Church lies, not in the one or the other Pope, but in the series of the successors of Peter, and that never in this Church could an error obtain lasting existence/^ But according to the theology of Janus, several errors of the most grievous kind have obtained a firm footing in the Roman Church, not only for a time, but for centuries, and even down to the pre- sent day. The Universal Church has, by the very fact that it did not correct public and widely- spread errors, given to them a formal approbation ; and even the reform by the Council of Trent was, we are told, no real, but only a pretended reform (p. 366, w. 3). A Church, which honours among her saints a hierarch so stigmatised as is Gregory VII. in the pages of Janus,'" which even in the hght of ^ AUgei7ieine Zeitung, 2 ist Oct. 1869, App. p. 4531. ^ What Zaccaria (Antifebronio, t. i., Introd., p. Iv., seq.) shows in opposition to Febronius, has its force in respect to our authors also. ^^ Defensio declarationis Cleri Gallic, t. i., 1. iii., c. 3 ; 1. i., c. 18 ; t. ii., 1. XV., c. 6, seq. ^^ On his canonization, of. Fessler, " ]Miscellaneous Writings upon Canon Law and Eccl. History," p. 39, seq. Freiburg, 1869. 244 ^-^^ Church, the Dogma, our century has canonized bloodthirsty inquisitors, like a Peter Arbues/^ which has hitherto oppressed, and suffered to be oppressed, all rational thought, all scientific aims, which has checked the purest and the noblest aspirations of the human mind thirsting after knowledge, which even in her solemn assemblies has achieved nothing to repair the evil — ■ how can such a Church be the true Church of God ? More consistent, therefore, those appear to be, who contest in general the infallibility of CEcu- menical Councils and of the Church. This recog- nition is due to the philosopher Frohschammer, who writes as follows :^^ — *' Whoso holds the Pope for fallible, can no longer assert the infallibility of the Church. The council cannot save the infallibility of the Church."'* If it pronounces for the infallibility of the Pope, then all the proofs against the infallibility of the Pope turn to proofs against the infallibility of the Church, for the Pope has often erred, and he who asserts the contrary, is in error. Then is the Church also no longer infallible. If from em- barrassment, uncertainty, or on the ground of in- opportuneness, the Council pronounces no decision on this matter ; then is the Pope left in fact in the exercise of that infalHbility, which for centuries he has claimed de facto, especially by the recognition of the Immaculate Conception of the Blessed Virgin, ^2 Since May 1867, the Allgejneine Zeitung has published upon this inquisitor several articles, which have been duly appreciated in the Historisch- Politische Blatter, (vol. Ix., p. 854, seq.), as well as in other publications. ^3 "The right of private conviction," p. 96, seq. Leipsic, 1869. ^^ On the part of Frohschammer, it is not to be wondered at if he calls the Definition of the 8th December, 1854, a " real alteration of the faith by a Papal Cabinet order" {loc. cit., p. 218), But what shall we say when Janus (p. 34, seq.), after he has observed that a few years ago Pius IX. declared the Immaculate Conception of the Blessed Virgin a part of divine revelation (and which declaration the whole Episcopate before and after loudly approved), points out and the New CoilucH. 245 the definition whereof by the Pope involves a prac- tical claim and exercise of Pontifical inerrancy." '^ And in the review of the work of our Janus, the same writer observes :'^ " The authors of this book think to help the Church when, in the place of the gross Papal system^ the episcopal system has been set up. But here, in our opinion, they are under a delusion, and remain but half way in their course. In the face of tJiis history of the Papacy, with all its forgeries, pretensions, errors, and immoralities, which, in conformity with the aim of the popedom, must needs apply to the whole Church and pene- trate it, it is impossible longer to assert the infalli- that now again (consequently, as at the former period) that contempt for old ecclesiastical tradition, so characteristic of the Jesuits, is to be pursued ? He who can so speak evidently concurs not in the Papal •* Declaration." And yet the Council of Basle, in its thirty-sixth session, declared, Doctrinam de Immaculata Conceptione Deiparae Virginis tanquam piam, et consonam cultui ecclesiastico, fidei Catholicae, rectoe rationi, et S. Scripturce ab omnibus Cat hoi ids ap- probandam, tenendani ct atnplectendam S. Synodiis definit et dcclarat. Had the Council of Basle been really CEcumenical, there would have been scarcely any need of that much less explicit addition to the decree on original sin, which the Council of Trent, in its sess. iv., issued, and whose fathers were moreover thoroughly inclined to the pious opinion (z/^V/^ Pallavicin. Hist. Cone. Trid. ii., 7 n., 11-23), and scarcely still should we have needed the definition of 1854. But in what contradictions are not those involved, who, on one hand, respect the Council of Basle when it takes up an attitude against the Pope ; and, on the other hand, disregard it when it proclaims a dogma sanctioned likewise by the Pope ! So already at Basle "a contetnpt for the old ecclesiastical tradition''^ was evinced. On the matter itself, Cf. Denzinger, " Doctrine of the Immaculate Conception of the most Blessed Virgin Mary." Second ed., espe- cially p. 30. Würzburg, 1855. ^^ Frohschammer might even have cited the words which are found, among other things, in the Sixth Lesson in the New Office of the 8th December : " Deiparre .... in sua conceptione de teter- rimo humani generis hoste victoriam Pius IX., Pontifex Maximus totius Ecclesise votis annuens statuit supremo suo atque infallibili oraculo solemniter proclamare," ^^ Allegefneijie Zeitung, October 4, 1869. This review has also ap- peared in the shape of a pamphlet, under the title, " Appreciation of the Infallibility of the Pope and of the Church." Ackermann, Munich. 246 The Clmrch, the Dogma, bility of the Church any more than the infallibihty of the Pope. If the Popes, who for centuries had de facto deported themselves as the ' Church/ and ruled that Church, are not vifallible, then is the Church for centuries no longer so ; for the Popes arrogated to themselves this ecclesiastical iner- rancy, exercised it, and even thereby abolished it, if it ever existed. From the very circumstance that this occurred, it follows that no infallibility was imparted to the Church ; otherwise it would not have permitted a fallible organ, the Pope, to assume to himself, and even to abolish, this gift of inerrancy. What ! a Church, wherein all hap- pened and could happen, which is related to us in this book, should yet be infallible, could and must, after all this, pass as infallible! A church, in which for ages an all-pervading system of deceit and violence has prevailed, should then have still remained pure and inviolate, ' a pillar and ground of the truth !' An organism whose real vital point, whose head and heart are completely corrupted, can then still remain perfectly sound in the other members ! If the extremities are attacked by disease, that disease can be cured, and be pre- vented from falling on the healthy organs ; but if this disorder occurs in the central parts, then is all hope of the restoration of health precluded. It is thus an inconsistent and vain endeavour to contest the infallibility of the Pope with the utmost logical acumen, and yet to assert the infallibility of the Church herself; as this prerogative we ascribe to the Episcopate, to the bishops assembled in gene- ral council. A warm controversy must then im- mediately ensue, as to what councils are really oecumenical, and what not; for this is by no means fixed with certainty.'^ And if, as our pamphlet has ^'^ We saw above (chapter ix.) that, in Janus at least, this is a matter of great uncertainty. and the Nczu CoiniciL 247 often pointed out, earlier councils, that passed for general, showed themselves as only the pliant instruments of Popes ruling with absolute power ; where was then the infallibility of the Church, if the all-ruling Pontiff were not infallible, and the Church were obliged to obey the fallible Pope and his misused instruments, the flexible bishops. This resting Jialf-zvay, this inconsistency, is the weak side of the work in question, and the chief obstacle to its exercising a great influence, whether in regard to the representatives of faith, or to those of science." And further on this writer urges, "■ If the impend- ing CEcumenical Council really pronounces the infallibility of the Pope to be a dogma, then must the authors of Janus acknowledge that even the Church (namely, the Episcopate) can err ; for it declares that to be a truth, which yet by all kinds of proof can be shown to be an error. All the facts which they have brought forward against Papal infallibility, all the assertions which they have set forth against it, then, witness against the infallibility of the Church herself; for the Church in that case pronounces dogmatically, and yet erroneously, that the Pope has never erred, never could have erred ; and not merely that from hence- forth he will no longer err. Then our authors must either confess that all the historical facts which they have investigated and set forth are not real, but even fabricated ; or that they all do not signify what they yet clearly attest to every unpre- judiced mind ; or in conformity with the truth and the needs of the time, they must give up the in- fallibility of the Church also (taking that word in the usual dogmatic sense), for whose impractica- bility, besides, special proofs might yet be adduced in abundance. No other alternative appears to me possible/' A like conclusion another theolo- gian likewise must submit to, who in the same way 248 The Churchy the Dogma, ascribes infallibility to the Episcopate united with the Pope, but apprehends, however, a catastrophe, in case this Episcopate, by virtue of its unerring decree, should adjudge to the Pope, as supreme executive organ of the Church, the prerogative of inerrancy also.'^ It would be more consistent to carry out the historical view, and to flatter the spirit of the age, by representing the '' original rights of the congre- gations" as having soon passed over to the priests, the rights of the priests as having been absorbed by the bishops, and those of the bishops by the Pope/^ Here we should have a progression from Democracy to Aristocracy, and from the latter to Monarchy, and a better justification for those who wish to descend from Monarchy to Aristocracy, in order by this again to reach the Oligarchical, and then the Ochlocratic Democracy. Outside the Catholic Church, and far from the Papal system, whose antiquity reaches much beyond those mod- ern views and hypotheses, mankind have had in this respect a very large experience. '^ It is a very sloping path," says Dr Dollinger, '' on which religious communities have in this respect gone down. First the Byzantines cried out, ' We shall have only patriarchs, whereof each shall govern a portion of the Church ; but no Pope, no head of patriarchs.' Then came the Anglican Church, and said, ' We shall have neither Pope nor patriarch, but merely bishops.' On their side the Protestants of the continent declared, ' We shall have no bishops, but merely pastors, and over them the ^^ Allgemeine Zeitung, 8th October, on the in other respects more cautious pamphlet, entitled, " Reform of the Roman Church in Head and Members. Task of the Impending Council." Dunker, Leipsic, 1869. ■^'^ Frohschammer, loc, ciL, p. 217. and the New Coimcil. 249 princes of the land.' Later came forward the new Protestant sects in England and in other countries with the declaration, * We need no pastors, but only preachers.' At last appeared the * Friends' or Quakers, and several new religious bodies, who made the discovery that even preachers are an evil, and that each one must be his own prophet, preacher, and priest. How to advance a step far- ther below has hitherto baffled all attempts ; yet in the United States, it would appear, a solution of the difficulty is already sought for."^° Female preachers, however, have been there already estab- lished, and found hearers Thus evermore evaporates not merely the hier- archy, but every ecclesiastical office whose estab- lishment Protestants, who still have retained some positive belief, at present earnestly strive after. But notmerelydoth the hierarchy,not merelythe clerical office, and every kind of spiritual inagisteriiini and viinistcriuin disappear, but even dogma itself, whose very name has become odious to a portion of Pro- testants. This party will hear nothing more of symbolical books, of rigid dogmatic systems ; it recognizes no more the doctrinal, but at most only the historical Christ ; it admits at most a changing, fluctuating, but no immutable and ever steadfast doctrine.^' It still tolerates Christianity, but such a Christianity only as will accommodate itself to the " genius of the age,'"' which will submit to all the transformations, and the arts of toilette, that the fashionable heroes of the day deem indispens- able for its decorous entry into modern society. Yet even the Catholic Church, we are told, 20 " Church and Churches," p. 31. -^ See, for example, the deliberations of the third meeting of Ger- man Protestants at Bremen. Allgemeine Zeitungy nth June 1868. Append. 250 TJic Church, the Dogma, "viakcs nezu dogmas, and the old Canon of St Vin- cent of Lerins, ' quod semper^ quod ubiquc, quod ab oniJiibiis credituin est,' is set aside, and the adher- ence to the ancient tradition, and to the Church of the first six centuries, is broken through" (p. 46). But against this assumption CathoHc theologians protest, who unanimously assert that the Church never makes new dogmas, and that she has no in- spiration.^^ The substance of Faith remains the same ; but much in the lapse of ages is formally and logically developed,^^ and set forth in greater clearness, especially when any opposition has been made to a doctrine.^"^ The Canon of Vincent Lerins is not merely to be understood of what is to be believed explicitly ; he, like other ecclesiastical authors, expressly assumes a progress even in mat- ters of Faith. "^ '' In the simple beginnings of Christianity," says Dr DöUinger, " lie energies and germs of a civilization, which in its universal des- tination for all mankind, is still, after eisfhteen centuries, ever in a state of progress and perpetual growth ; there lies a wealth of creative ideas, a fulness of new formations in Church, State, art, science, and manners, which, so far from being exhausted, will, in future times, bring forth sciences " Dieringer upon Lianno's Work in the Journal of Theological Literature, p. 830, Bonn. 1S69. "■* S. Thorn. Sum. Theol., 2. 2. q, I. a. 7. -^ S. Aug. Enarr. in Ps. 55, n. 22. -^ Commonit. c. 28 : Nullusne ergo in Ecclesia Christi profectus habebitur religionis ? Habeatur plane et maximus. Nam quis ille est tarn invidus hominibus, tarn exosus Deo, qui istud prohibere conetur? Sed ita tamen, ut \q.x& profectus sit xV^tfidei, non permu- tatio. Siquidem ad profectum pertinet, ut in semetipsatn unaquaeque res amplificetur, ad permutationem vero, ut aliquid ex alio in aliud transvertatur. Crescat igitur oportet et multum vehementerque proficiat tam singulorum, quam omnium, tarn unius hominis quam totius Ecclesiae, eetatum ac sseculorum gradibus, intelligentia, scientia, sapientia, sed in suo dumtaxat genere, in eodem sciHcet dog- mate, eodem sensu eademque sententia. and the New Council. 2=;i and institutions, that we are yet scarcely able to dream of."^^ What applies to Christianity in gen- eral, applies more especially to dogma ; and true is the word of the great Pope Gregory : " The more the world draws near to its end, the more lavishly will the stores of eternal science be opened unto us."^^ Particular dogmas must, in the course of ages, undergo no change, no mutilation, no dis- figurement, but receive a more precise expression, a more suitable formulisation, a development set- ting forth all the consequences involved in them ; they must, according to Vincent Lerins, receive evidentiam, lucem, distinctionem — evidence, light, discrimination ; but they must preserve also what they intrinsically possess ; plenitudinem, integri- tatem, proprietatem — their fulness, their integrity, their peculiarity.^^ By means of a natural process of development, a religious truth can come out at one time, or in one place, more definite, more clear, more universal, than at other times, or in other places.^^ A new expression of an ancient truth the Church was often necessitated to put forth ; and it was only heresy, which felt itself affected thereby, that opposed this expression ; whilst it otherwise indulged in the most unauthorised innovations.^" Propositions entirely new, in former times utterly and universally unknown, can never become articles "* Döllinger's "Christianity and the Church." Preface, p. i. (German. ) '•^ Greg. M. homil. xvi. in Ezech. '^ Commonit. c. 23. ^ Bossiiet Reponse ä M, Leibnitz 20 Janv. 1 700, n. 15 (CEuvres, t. xiv., p. 475, p. II, n 30). Pour elre constante et perpctuelle la verite Catholique ne laisse pas d'avoir ses progres ; eile est, comme en un lieu plus que dans un autre, en un temps plus que dans un autre, plus clairement, plus distinctement, plus universellement connue. 2" Hilar. Lib. contra Constant, n. 16 : In uno novitas eligitur, in alio submovetur. Ubi impietatis occasio patet, novitas admittitur ; ubi autem religionis maxima et sola cautela est, excluditur. 252 The Church, the Dogma, of faith ; but such propositions may become so, as have experienced manifold contradiction from indi- vidual doctors, even though they were numerous. Before the first Council of Nicaea, there were men who did not acknowledge the consubstantiality of the Father and the Son ; there were before the synods of Ephesus and Chalcedon, such as enter- tained very unclear notions of the Person of Christ, and had difficulties about the one Person or the two Natures ; there were before the Fourth Lateran Council those who took offence at the word Tran- substantiation. The Church's doctrine on Justifi- cation and on the Sacraments was not formerly set forth with that perfect lucidity, as has been the case since the Council of Trent ; and even the doctrine of the Primacy of the Bishop of Rome, was more preciselyformulizedatthe General Council of Lyons in 1274, and at that of Florence in 1439. This doctrine, especially, respecting the headship of the Supreme pastor of the Church, was, on many occa- sions, more definitely put forth, at other times less prominently so. We find it in different places likewise not developed with the like clearness ; for where centrifugal movements more easily expanded, there the importance of the centre was in many ways undervalued. But the doctrine of the supre- macy of the Bishop of Rome, as successor of St Peter, was ever firmly fixed in the Church, and no assault on that doctrine could ever prevail.^^ A growth in the knowledge of this article, also, is apparent in the history of dogmas. Here, too, we see that progress stated by Vincent of Lerins, just ^^ Paschalis ii. ep. 6 ad Archiep. Polon (Hard. vi. ii. p. 1770). Numquid hsec nos commodi nostri professione requirimus, et non unitatis Catholicae statuimus firmamentum ? Possunt Apostolicam sedem contemnere, possunt adversum nos calcaneum elevare ; datum a Deo Privilegium evertere vel auferre non possunt, quo Petro dictum est : Tu es Petrus et super hancpetram aedificabo Ecclesiam meam. and the Nczu Council. 253 as we are able to trace it from the simple Apostolic Creed, down to the Symbols of Nicrea and Con- stantinople, with the addition Filioquc ; and thence again down to the Tridentine Confession of Faith, proposed by Pius IV., and which even Janus holds to be obligatory (p. 93). In this all theologians agree, that much for a long time lay more obscurely hid in the consciousness of the Church, which was afterwards more clearly enunciated, and brought to the fuller apprehension of all, and thus became the subject of \.\v^ fides cxplicita?~ As, then, regards ancient tradition, there are two sorts of things : the tradition itself, and the written testimonies forthat tradition. In the Paradosis, or Tradition, of the Church, much lived before it was committed to writing ; and this fact is attested by the Fathers.^^ We must not with Febronius think that it is the first six centuries that are alone authoritative, for this is repugnant to all the prin- ciples of faith, and is tantamount to saying, that Christ has abided with His Church only down to the year 600. ^'^ Whoso in the fifth century would have said, " The Apostolic Fathers, and at most Justin and Irenseus, I let pass as witnesses, but not the subsequent ones," would have excited the ab- horrence of the whole Church. Augustine cited as authorities Fathers of the fourth century, and even such as had been his contemporaries.^^ He who, in the sixth century, would have rejected Augustine, Ambrose, Leo ; or any other of the Fathers, who were cited in' the epistle of the Em.peror Justinian, read in the first session of the ^■^ Kilber in Theol. Wirceb. Tract, iv. c. 2. a. 4. n. 102, scq. iir. •*3 Iren. adv. hasr. iii. 1-4. Basil de Spir. S., n. 66, 75, L. ii. adv. Eiinom., n. 8. =*•* De Statu Eccl, c. 2, § i, se<]. '^^ Aug. c. Julian, L. i, n. 3, scq. 2 54 '^^^<^ CJmrch, the Dogma, Council of 553,^^ would have been regarded as a contemner of the Church's doctrine. He who, in the thirteenth century, would not have allowed a Peter Damiani, or an Anselm of Canterbury, to stand as witnesses of the Church's teaching, would have experienced the like fate. Those, too, were regarded in the same light, who, in the sixteenth century, despised the unanimous teaching of the ecclesiastical schools.^^ It was not otherwise with the later Greeks, who looked on the patriarchs Germanus, Tarasius, Nicephorus, and Theodore the Studite, as celebrated witnesses and teachers, although belonging only to the eighth and ninth centuries, and whose Councils of the years T156 and 1 166 cited as witnesses the later as well as the earlier doctors. ^^ The question at issue is not, whether all proofs be valid, whether all documents be authentic, bnt as to what has been believed and publicly tangJit in the Chnrch. At all times it has been deemed rash to stigmatize doctrines not dis- approved by the Church, and held by authorized doctors ; and it was for this reason that the twenty- ninth proposition, among those censured by Pope Alexander VIII. on the 7th December 1690, was deemed reprehensible.^^ The consent of the Fa- thers was in questions of faith and of morals ever decisive ; but not the opinions of individual doctors, who might easily give in to one-sided and exag- gerated views, as, for example, was the case with Agostino Trionfo (p. 230). The individual teacher has authority only through the Church ; a man, ever so able and learned, but whose doctrine was 36 Hefele, Cone, ii., 841. ^'' Canus de loc. theol., L. viii., c. I. 3^ Mai Spicil. Rom. x., p. 1-93. Script. Vet. Nova Coll. iv., p. 1-96. •^'■* DenzmgerY.Xi<^\\x.,Y. 345, n. 11S6. and the New Ccmncil. 255 rejected by the Church, never could, nor ouc^ht to be, considered in the same light with others as a witness, and a doctor or teacher.'^" The Church herself was not misled by the apostasy of a Tertullian and of other great minds. The principles of the faith are so great and exalted, that a theologian who, after long years of study, explains and sets them forth, should approach his work only with a holy fear, should needs be modest and humble, and often mistrust himself whether he be capable of worthily defending those principles, or of adequately repel- ling the attacks of opponents, ever convinced that if he does not succeed, others will be enabled to execute the task in a manner better, more con- vincing, more scientific, especially as Providence often raises up later than men expected the right men for the right act. We live in a period of transition to a new stage of development ; we see men and times quickly and unexpectedly change. A diseased society is wont to repel the salutary remedies unsuited to its taste ; the carnal man, engrossed with material objects, apprehends not the things of God ; and a later generation has often looked with compas- sionate surprise on those that went before. In the fifth century the wonderful epistle of the great Pope Leo to Flavian was violently attacked throughout whole provinces of the Church, and in entire countries ; now it beams in full lustre as a splendid dogmatic masterpiece. What if one day posterity should find in one or other proposi- tion of the dreaded syllabus, or in a Papal bull promulgated in the new Council, a beacon of light, or an anchor of safety ! The present Titanic race, *" Vincent, Lir. loc cit., c. 23 : Ut omnes vere Catholici nove- rint, se cum Ecclesia doctores recipere, non cum doctoribus Ecclesire fidem deserere debere. 256 The Church, the Dogma, however, is unable to conceive this ; it is Hke to the contemporaries of Noah at the building of the ark ; it rejects all which it has not achieved by its own energy, and by its own act. What ! Papal bulls again ! Of these we surely have had an overflow, and Janus has marred our taste for them. Let us see only what he makes out of the bull of Paul IV., " Cum ex Apostolatus officio" (p. 382). This bull was issued at a time"^" at which, in all countries, even in those under Spanish sway, Catholicism was grievously menaced, and had to defend itself to the last extremity. Its immediate object was to renew the old ecclesias- tical penalties against schismatics and heretics. It rested entirely upon that principle of public law then, still generally prevalent in Catholic countries, whereby schismatics and heretics were regarded as guilty of a most grievous crime, and were con- sequently incapacitated for public offices, as well as for the functions of governmient ; and if its penal enactments affected the highest ecclesiasti- cal as well as the highest secular functionaries, even kings and emperors themselves, so this clause is found in the decrees of the Council of Constance, which, nevertheless, is of such hisfh • /I authority with Janus."^^ Moreover, this bull can in no way be characterised as a dogmatic or ex cathedra one ; it is a mere penal law, founded on the then prevalent principle of ecclesiastical and ^^ Pauli IV., Const. 19, lib. vii., c. 9, de hgsr, v. 3. Raynaldus (anno. 1559, n. 14) gives in full the first half of this bull. Janus (p. 383) takes everything in a strictly literal sense, as, for example, when he makes the Pope say that those converted from heresy are to be shut up in a monastery, " there to do penance for the rest of their lives on bread and ivaterP But the words, in pane doloris et aqua moestitiffi, are figurative expressions taken from Scripture. ■^■^ Cone. Const. Sess. xiii., xiv., xvii., xx., xxxvii. Bianchi, t. i. 1. i. § 19, p. 164, scq. and the Nczu Council. 257 secular jurisprudence, which as yet was in no CathoHc country given up, and was quite ana- logous to the constitutions of Paul III. against Henry VIII./^ of Pius V. against Elizabeth,^^ and of Sixtus V. against Henry IV. of France."^^ ^The same observation applies to the bull In Ccena Do- ■mini, depicted in such fearful colours by Janus (p. 385), but which, since the year 1770, is no longer, as formerly, read out on Maundy Thursday.^*^ It is an old complaint of the " Ultramontanes," that their opponents have two weights and measures, that they pay very accurate attention to all the relations of time, persons, and circumstances, when they have anything to justify or to palliate, but not so when they are about to pronounce damna- tory judgments ; that they then exclusively apply to the characters and acts of earlier times, the ob- jects of their detestation, the modern standard as alone valid.'*^ Whoever, besides, will carefully study the Bullarium of modern times, will soon convince himself that the Apostolic See, with all its tenacious adherence to the principles of the Church, knows how to take into account the ne- cessities of the times. Wherefore have those, who have so officiously busied themselves with the im- pending Council, scarcely paid any attention to the Bull of Indiction, which certainly, however, was the first thing to be considered ? ^ Spondan., a. 1535, n. 15 ; a. 1538, n. 14. Bianchi, t. ii., I vi., § 10, n. 2, scq. Gosselin, t. ii., c. 3, a. I, § 2, p. 276, seq. •" Const. loi. Spondan., a. 1570, n. 3, 4. Bianchi, 1. c, n.4, Gosselin, 1. c, p. 280, seq. •^ Bianchi, 1, c, n. 5. Gosselin, 1. c, p. 2S8, seq. 46 Bened. XIV., de Syn. dioec, 1. ix., c. 4, n. 5, seq. Liguori Theol. Moral., 1. vii., n. 83. Bennettis, p. ii., t. iii., p. 524. |Dr Den- zinger, in the Catholic weekly paper of Würzburg, 5th May 1S55 n. 18. Theiner Histoire du Pontificat de Clement XIV., vol. i., p 480, seq.; vol. ii., pp. 52, 53, 55. ■*" The strict Roman theologians, and especially the Roman clergy R 258 The Chttrch, the Dogma, A movement, nay, a concussion of minds, was, under the circumstances of the times, to be ex- pected on the announcement of a General Council. That movement may be wild and tempestuous ; it is still better than a dead stagnation. We stand on the eve of a momentous event. But who could have conceived it possible that this most magnani- mous act should have been treated almost as a crime .'* The ruling Pope, Pius IX., whom all that know him must love and revere, whose conduct has been righteous, noble, and lofty, but who, in the opinion of our Janus, is nothing more than a small, very small, successor of Innocent III. (p. 24) — an opinion which we abandon to the judg- ment of posterity — has, from a free impulse, and guided by the best intentions, summoned an CEcu- menical Council ; and for this act the numerous bishops assembled from all parts of the world at the jubilee of St Peter's martyrdom in 1867, as afterwards their colleagues not then present in Rome, tendered their solemn thanks to the Father of Christendom for his resolution, and required the faithful, in instructive, edifying, and enthusiastic ad- dresses, to prepare themselves in spirit for the cele- bration of this momentous and most salutary event. Even this first act, the mere convocation of the are (in Janus, p. 201) accused of a deficiency in theological science, of the use of spurious documents, and of ignorance in liistory. But with their opponents it is quite otherwise, even when they make use of spurious passages in a like degree, and are still more ignor- ant in theology and in history, as, for example, the Spaniard Andrew Escobar, whose " Gubernaculum Conciliorum" teems with errors. (Cf. Bennettis, p. 1., t. i., p. 321, seq^ This Escobar (p. 380) and Alphonsus Tostatus, who from a spirit of revenge against Pope Eugenius IV., who had censured some of his propositions (see Spondanus, anno. 1447), combated the doctrine formerly defended by himself, for example, in his Com. in Matth., c. 16 ; these two writers are adduced as proofs, that the most distinguished Spanish theologians advocated, before the tyranny of the Inquisition, the theory patronised by Janus. ajid the Nciu Council . 259 synod, is in itself, and independently of the results, a splendid achievement of the Pope. " The iso- lation," says the venerable Bishop of Nismes,'''^ *' and the state of material impotence to which events have reduced the pontiff, as well as the excitement which he foresaw he would call forth in certain social spheres, have not deterred him from this act of duty. Doubly strong, as well by internal illumination as by the warm sympathy with which the bishops concurred in his design, when he communicated it to them, he has pro- ceeded with that calm intrepidity which, from the beginning, has characterized all the important acts of his pontificate to its realization. This unex- pected manifestation of his authority has been hailed by homage of every kind. Some have hon- oured him by their stupefaction ; others by the most singular apprehensions. Several even of those, who have never been devoted friends of Rome, have publicly offered to him the tribute of their admiration ; and certainly no one can for- get the words spoken on that occasion in the legislative chamber by an orator, in whom poli- tical errors have not been able to efface the feeling and the respect for all that is great and noble."^^ ' There is in this act,' says he, ' a boldness and an elevation, which fill me with respect and admir- ation ; for I love the strong powers that confide in themselves, and fearlessly and with determina- tion manifest and unfold the faith that animates them. This is an ennobling spectacle.' " Joyously did the supreme pastors gather round the apostolic chair, obeying the call of their chief ^5 Mgr. Plantier on General Councils, xxix. German Trans- lation, pp. 74, 75. Freiburg, 1S69. ^ Emile Ollivier, in the sitting of the loth July 1868. 2 6o The CImrch, the Dogma, not willingly only, but with enthusiasm. Pius IX. knows full well, indeed, what his illustrious pre- decessor Sixtus III. once declared — '' There is no body which is not governed by the head. But as every body is governed by the head, so the head itself, when not borne up and upheld by its body, loses its firmness and its power, and no longer main- tains the dignity which it before possessed." ^° The present Pontiff, and those around him, know full well what Benedict XIV.,^^ together with so many theologians and canonists,^^ says, "that bishops in an Oecumenical Synod are not merely counsellors, but real judges also. The primacy and the epis- copate form inseparable parts of one whole ; they are most closely bound together." In no age more than in our own has this been so practically evinced ; and practically many questions admit of a simple and easy solution, which theoretically, especially in consequence of the confusion into which they have been thrown by different scholars, appear very complicated. It will be, as the above- named French prelate declares, proved in a bril- liant and victorious manner in the Council, nay, made evident even to the blind, that in the body of the Church head and hands have but one life — but one and the same thought.^^ The respect and reverence which we owe to the Catholic Episcopate, will in no way permit us to examine the insinuations that our bishops at the approaching Council will be reduced to a position of utter servitude, and be incapable of giving expression to their own opinions. The worst and ^" Ep. lo ad Episc. Illyr. n. 4. ^^ De Syn. dioeces. L. xiii., c. 2, n. 2. ^^ Many authors are cited by Zaccaria, also (Antifebronio t. I. Diss. II., c. 4, p. 140). ^3 Mgr. Plantier, § xliii., p. 113. and the Nrd) Coitncil. 261 most insolent invectives, as they appeared in the Fourth and Fifth Articles (namely, in the 73d and 74th numbers of the Allgemeine Zeitung), have not been admitted into the new edition ; but they are still not formally disavowed, not retracted, and are presupposed, or implicitly contained, in the effusions of our Janus. With indignation and disgust, every Catholic deserving of the name repels the outrage offered in those articles to the Episcopate, but not less so the excuse, equivalent to the severest accusation, to wit, that " we should not, and ought not, to hold these men responsible for decrees and for omissions, which depejid not upon tJiemy Our historian has here become a prophet too ; he predicts the non-submission to the new Council. " The new Council can never be a really free one, and, therefore, theologians and canonists must be corrected, who have held that, without complete freedom, the decisions of a council are not bind- ing" (p. 425). ''The newly-announced Council will be held not in Italy only (and this would be already frightful enough, in despite of the Govern- ment of Victor Emmanuel working for the * Free Church,' especially from the excessive number of Italian bishops^^), but also (and this is most awful, though others know at present no freer spot in the Old World), the Council, we say, will be held in Rome itself, and it is already announced (by whom ?) that, as the sixth Latei'an Coiincil, it will faithfully attach itself to the fifth. Thereby all is said" (p. 369, Ger.). If all the other suppositions are as little founded as this, so little of what is true 5^ In Italy there are nearly seventy Episcopal sees vacant (see Allgenieine Zeitung, Oct. I, 1869, No. 294) ; many bishops of a very advanced age ; and the rights of procurators are by no means equal to those of actual bishops. 2 02 The Church, the Dogma, etc. will remain in this whole book. We already know, from the space in St Peter's allotted for the Sessions of this august Assembly, that the new Council, which meets a thousand years after the eighth QEcumenical Synod, will be called not Lateranciise scxtitm, but Vaticamnn priimivi ; and we may only trust that it will not be the last, as it is the first, in the new order of things ; and perhaps many people now regret, that instead of suspend- ing their judgment for a time, they should with blind precipitancy have ushered it into the world. CHAPTER XII. THE RESULTS OF JANUS. F we ask what this work has achieved, tlie answer will not be found difficult, espe- cially after the judgment already passed on the publication in its first form. If, as we have seen, the book was not unjustly accused " by the most advanced party" of incon- sistency, and of a half-course, it is still ever wel- come to the enemies of the Church, on whose children, however, it has inflicted pain and scandal. Thoughtless and lukewarm Catholics it can de- ceive, but the zealous as little as the well-informed, it cannot. By such a course of hostile provocation, the very opposite of what was intended is brought about ; and particularly the position of those also who, in regard at least to certain wishes and many questions of opportuneness, would more or less have marched together with the impetuous assailants of the doctrine, has been seriously complicated. " The promised investigation by the light of history (Pref. xiii.), of those questions which are to be decided at the QEcumenical Council already announced," is so one-sided and defective, so coloured by the spirit of party, that it can needs satisfy those only who here find their own ideas enunciated, who, without theological training, sit 264 The Results of J anus. in judgment on theological subjects; a habit in- deed, very common to our generation, for in these matters every one thinks himself entitled to speak, even when in other departments he rigidly holds to the Horatian maxim, Ne stitor 2iltra crepidavi, and most strictly forbids all the uninitiated to meddle with his own calling.^ But the present age, so proud of its knowledge, among so many in the educated, literary, and official circles, evinces in tJieological matters precisely a degree of un- fathomable ignorance, such as no preceding age ever displayed. Even the narrowest heads and perruques of the French Parliaments of the last century, even when they gave themselves up to the most violent controversy, were far more con- versant with these things, than the majority of their present colleagues under other names and robes. ''A contribution to Church history" this work undoubtedly furnishes, but in a very different way indeed from what its authors may have conceived. ''For a calm exhibition of historical events" will never be found in the confused medley of historical data, arbitrarily grouped together; often wanting, too, in chronological order, and in arbitrarily de- duced inferences, in which logic is not rarely fear- fully mishandled. The reader is gratified neither with a flowing historical narrative, nor with an ex- position systematically arranged, qualifying him to form his own judgment. He receives only a broth cooked out of various ingredients for mere party purposes, which, with the greatest pretension, is served up to him as the purest and most savoury dish, such as no artist in cookery has ever presented, ■^ Hier. ep. 53, ad Paulin, n, 7. Nulla'ars sine Proeceptore per- cipi potest ; sola Scriptura7'um scientia est, quam passim sibi omnes vindicant . . . prsesumant, doceant, antequam discant. The Results of Janus. 265 and which he, in order to find it agreeable, must regard from the same party-view. As an historian, Janus can only be classed in the category of those manufacturers of history described by a real his- torian,^ ** who confuse the memory of the past, who flatter the malicious demon lurking in the breast of man, as they ascribe to the most mag- nanimous deeds impure motives and petty causes, and delight to disfigure religion by an arbitrary misrepresentation of facts, by the complacent por- traiture and prominence given to the human and impure elements accidentally mixed up wäth sacred things." And if all will not immediately perceive that Janus has indulged in far greater fictions, than those which he has sought to prove against the Roman Church, they will still (to continue the observations of the same historian), *' by virtue of their moral instinct and love of truth, so care- fully cultivated and developed, refuse to such his- torians precisely their confidence and their belief; they will, wnth a right gift of divination, even when the sources are inaccessible to them, see through these unw^orthy proceedings, and by approxima- tion at least, often through the mists of ingenious misrepresentation, discern the truth. Further, the work will contribute "to the awaken- ing and direction of a public opinion, " and, in- deed, "such an opinion which, strong, unanimous, and at once positive in its faith, will resist the realization of the Ultramontane scheme "^ (Janus, Pref. xxviii.). Here predicates are united w^hich - DoUinger, a discourse entitled, " Error, Doubt, Truth," p. 33. Munich, 1845. 3 So we are only threatened with the realization of the " Ultra- montane scheme,'' and it can still be checked. Elsewhere Janus supposes that it is already realized, and indeed for many centuries, and in all its hideousness ! 206 The Results of J. anus. are incompatible. Unanimity does not prevail among men who are, ** some for the half and some for the whole," and where unanimity fails, there vigour fails also ; and positive faith is not great where only a negation, as here that of " Ultramon- tanism," appears in the foreground. Hence of the two alternatives, so poetically described by Janus, as to the presumptive effects of his work, "that it may perchance produce no more permanent effect than a stone thrown into the water, which makes a momentary ripple on the surface, and then leaves all as it was before ; or yet it may act like a net cast into the sea, which brings ina rich draughtof fishes." Of these two alternatives, I say, the former has the most probability, and history will be spared the pains of transferring the narrative of the rich take of fishes by Peter to the equally rich capture by Janus. Severe and subtle dialecticians may, indeed, bring out other possibilities, and avow that the work is no stone, but a net ; yet perhaps a net, which some habitants of the sea will tear to pieces, or such a one, at least, that will be drawn up with- out any valuable draught. '' But the principal matter is an ecclesiastico- political object : in one word, it is pleading for very life, an appeal to the thinkers among believing Christians" (pref xiii.). It is, indeed, an appeal against non-thinkers — an appeal before judgment has been pronounced, even before any interlocu- tory decree — an appeal, not to the Council before- hand stigmatized and condemned by Janus — an appeal, not to bishops, not to theologians, but to the whole educated secular world. Was such an appeal ever before made } Singular proceeding ! Where the question is to weaken and to combat Papal power, the authority of bishops is relied on ; but as soon as these have done their duty in regard The Rcsitlls of y amis. 267 to the Pope, they then may c^o their way. If the bishops are not found to hold Hke sentiments with themselves, these people then turn to the educated laity. Then theological controversies are retailed in political newspapers, and inquiries, which claim an authority equal to the lucubrations of the Fathers of the Church, are printed beside thea- trical and artistic notices, beside domestic and political quarrels, and the vulgar gossip of the city. As once, in the times of the Arians, when men dis- puted upon the " begotten and the unbegotten," upon the words " from the non-existent" and " from the Father ;" as in the times of the Hesitants (SiaKpLvo/jievoL), when, under the asseveration of the most rigid orthodoxy, the celebrated tome of St Leo, and the Council of Chalcedon, the most bril- liant of all the earlier Councils, were rejected with horror ; now in the streets, merchants, artisans, artists of every sort, soldiers, women, and boys, and especially state-functionaries, are to discuss the doctrines about Council and Pope, the propositions of the Encyclical and of the Syllabus. The mass of the "cultivated" are to sit in judgment upon the Apostolic See, and the College of Bishops, w^hether dispersed or assembled in General Council; and this latter Assembly is to be made subject to conditions, on whose fulfilment the submission to its decrees will be made dependent. Further, the work of Janus is to be a *' protest, based on history (?), against a menacing future, against the programme of a powerful coalition." The future is hidden from us all ; the prospects which render a conjecture possible, are solely expressed by the words, " powerful coalition." But by the side of this coalition — and who has defined it .'* — by the side of this coalition, we say, we find no statesmen, no powerful ones of the earth. Its 268 The Residts of Jantis. supreme head has ever to struggle with menacing foes ; the sword ever hangs over the heads of its most eminent defenders ; and lastly, this coalition has but very small material means to dispose of, and intellectual resources it can have none ; for we are told " all cultivated classes " are against it. And yet withal, this coalition is mighty ! And on the other side stand science and diplomacy, and behind them numerous armies and powerful allies of every kind ; for the sympathy of Protestants also has been awakened ; they have been alarmed and terrified, and so converted into allies against the degenerate Papacy. For though this " serious danger threatens primarily the internal condition of the Catholic Church, yet it is, as is inevitable with what affects a Corporation including 180,000,000 of men, destined to assume vaster dimensions, and take the shape of a great social problem, which cannot be without its influence on ecclesiastical communities and nations outside the Catholic Church " (Pref , p. xiv.). Already certain classes of Protestants, hostile to all " priestcraft," have taken occasion " to conjure up the spirits of the Reforma- tion against the Obscurantists in Rome." ^ " The danger signalized," it is further said, " does not date from yesterday, and did not begin with the proclamation of the Council. For some twenty- four years (was it in 1845, in the time of the vertigo of Ronge } or, was it twenty-one years ago, in 1848, in the time when Germany made its first efforts for ecclesiastical freedom ?) the reactionary movement in the Catholic Church, which is now swollen to a mighty torrent (perhaps it was a ^ Cf. the Literary Magazine, entitled, " Ausland," nth Sept. 1869, n. 37, in an article entitled, " The Roman Council," on occasion of Otho Stäeckel's translation of Hutten's Dialogue, " The Roman Trinity." Berlin. The Rcs7ills of Janiis. 269 movement reverting to its source), has been mani- festing itself, and now it is preparing, like an advancing flood-tide, to take possession of the zvJiolc organic life of the Church by means of this Council/' If the danger dates from twenty-four years back, where were then the present champions of genuine ecclesiastical life ? Were they not yet born, or were they then found in another camp ? Have they been sleeping and dreaming away their lives ? Were they then so imbecile as not to dis- cern the danger ? Were they so servile, so cowardly, as not to signalise it, although it had already " begun to manifest itself?" We know of no an- swer to these questions ; but that we are justified in proposing them, can scarcely be denied. Against the " programme of a powerful coalition, in whose realization a thousand busy hands are daily and hourly at work," we should have expected a counter-programme clearly defined, which we perhaps, though with some modifications, might have accepted. But nowhere is such given, or even any satisfactory explanation aft*orded. For the two assertions (Janus, pref p. xv.), the first, as to the due relation to principles of political, intel- lectual, and religious freedom and independence, understood in a Christian sense, and not in the sense of Frohschammer ; and the second, as to the necessity of a reform in the Church, are infinitely wide, admit of a thousand different shades, and furnish no solid palpable groundwork.^ In the whole work of Janus there is, amid a thousand negations, scarcely anything positive to be dis- cerned, except it be an occasional hint that seems ^ As equitable concessions, which ought to have been made in the sixteenth century (that is, before the year 1 560), are mentioned by Janus (p. 370), the cup for the laity, priestly marriage, but principally the abolition of the Papal system. Like thoughts were 270 The Results of Janus, to point to the resuscitation of " an antediluvian Church policy" (to use the words of an ingenious Catholic writer), but which is yet not so long ex- tinct — to the resuscitation of Gallicanism, with a small dose of Jansenism and of Febronianism, in a new historical dress. Two questions would have to be examined. In the first place, what are the existing abuses in the Church ? and secondly, on what do they rest ? But in nowise could it be beforehand surmised, that all abuses should have their foundation in the present constitution of the Papacy. For many abuses many other causes and sources might be assigned, not merely human im- perfections and frailties, but many foreign in- fluences also, such as that of the non-Catholic literature, of the encroachments of the civil power upon the Church, the materialistic tendencies of the times, and so forth ; then the reaction that had become necessary against other evils, in themselves perhaps not of less magnitude ; and lastly, the mildness and forbearance shown towards old, long- established institutions, and towards personal and local interests. But to achieve anything practical, we must needs have before us clearly discerned and consistently prosecuted aims ; but in Janus we find nothing but inconsistency. It suf^ces not to boast '' of a view of the Catholic Church and her mission, which its opponents designate by that much-abused term, so convenient in its vagueness for polemical purposes — liberal ; a term in the worst repute with all uncompromising adherents of the Court of Rome and of the Jesuits — two powers intimately allied,^ — and never mentioned by them without bit- entertained by Febronius (Append, iv., p. 133), by George Wizel (Raynald a. 1562, n. 28), and by others. Cf. Zaccaria Antifebronio I., p. ix. ^ The lord and the servant are here in our times, so much in- The RcsicUs of Jamis. 2 7 1 terness " (Pref. xv.) ; nay, with a bitterness com- pared with which everything said in our book against Popery and Jesuitism is but the sweetest honey. " A view in the worst repute " at Rome, yet furnishes of itself no safe remedy ; this even Janus will concede, and even if one boasts of this bad repute, still one is not dispensed from the duty of alleging proofs. The protest here brought forward really consti- tutes, as has been shown, a protest against the supremacy of the Apostolic See, against the authority of General Councils, against the very dogma of the Church herself. It is a shot fired off in blind passion, reaching far beyond the mark. Or in other words, Janus has shown all the capacity to strike out the bottom of the barrel, without turning that capacity to advantage ; he has contented him- self with a barrel utterly perforated. He appears like an unfortunate architect, without on that ac- count being original and successful in the art of destroying ; there remains in him too much of "the Papistical leaven," which resembles too much that of the Pharisee ; while to others again he offers much too little of it.^ If it were unavoidable to bring forward the dark sides of the Papacy (p. 21), so there was still no need of exaggerating and un- duly magnifying them, and this by a misrepresen- tation of history. The authors, who conceal them- selves under the mask of Janus, fear the reproach of an absence of piety (p. 20). But let them be clined to democracy, suitably mentioned as allies and confederates — two great powers which are to be overturned. ' On the whole, Janus appears to us to have come too late. (See our 6th chapter above.) Under Pope Nicholas I., Janus would perhaps have been a Hercules, slaying the dragon pseudo-Isidore ; under Louis the Bavarian, he would have been a reforming anti- pope ; and perhaps in the flourishing times of the Congress of Ems, he might have become a German national patriarch. 272 The Results of J anus. tranquil on that head ; where there is such an "absence of passion," there surely an absence of. piety cannot be spoken of. We would fain beheve that the intention of these authors was a good one; that they held it to be a duty, according to the '' measure of their knowledge and their working power," to make the attempt, whether something could not be done to ward off what they deemed so fatal a catastrophe (p. xix.). But as little do we deem that the means selected were the fitting ones, as the measure of knowledge was that here required and in every respect suitable. Before any Catholic denounces to the world a " disfigurement and dis- turbance of the Church, and of the truth " (p. xxi.), he ought to have in hand the most valid proofs ; but these have not been brought forward. Instead thereof we are furnished with materials partly old, long extant in polemical writings, fully appreciated by Catholic theologians of the last two centuries, though these have not been deemed worthy of the honour of a refutation ; and again, we find materials partly new, but which signify the same thing, and lead to no other inferences. The fundamental ideas of Janus have all been earlier enunciated by Richer, Sarpi, Launoy, by the Gallicans, and the Jansenists, who well understood the stratagem of striking at the " Curia ; "^ but most completely have these thoughts been expressed by Justinus Feb- ronius, or by John Nicholas of Hontheim. From the latter we hear the same complaints as to the abuses of the Roman monarchy^ and of the Papal tribunals ;'° he evinces the same hatred towards the ^ According to the Jansenists, un petit detour, qu'on use, lorsque la Cour de Rome se rend digne qu'on ait pour eile quelques men- agemens. (Notes eccles. 27, Mars 1765). 9 C. 9, § 4, n. 4. Ep. ad. Clem XIII. !'> C. 7, § 2, n. I ; c. 5, § 3, n. 7 ; c. 7, § 7, n. 6 ; § 8, n. 7 ; c. 9, § 7, seq. The Res2dts of yamcs. 273 religious orders," the same predilection for the writers hostile to the Popes/'' the same aversion for canonists and jurists, the same view as to the influence of the pseduo-Isidorian decretals,'^ the same tendency to exasperate princes and bishops against the sovereign Pontiff,'"^ and to further a pure episcopal system, and so to transform the constitu- tion of the Church, according to the decrees of Constance and Basle, whose undoubted validity is likewise presupposed.'^ Not even the internal contradictions of the Febronian system, which converts bishops so highly exalted by him into mere witnesses of their communities,'^ has Janus known how to reconcile. If others think to find Janus an abriged Jansenius, we find in him but a prolonged Febronius. There is the same regard for the Protestant world ; but the reunion of Pro- testants with the Catholic Church is not promoted, when the unity of the latter is weakened. The ancient Bossuet could bring back many non- Catholic Christians to the bosom of the Church ; but these modern Bossuets * can only frighten them away, and rather make Protestants out of Catholics, than turn Protestants into Catholics. But we must ask ourselves, Is, then, our age really so poor in ideas, that when discontented with the present state » C. 7, § 8, n. 7, 9 ; c. 4, § 7, n. i. " C. 5, § 3, n. 4, § 6, n. 4 ; c. 8, § 7, n. 9 ; c. 9, § 9. 13 C. 3, § I, seq. 1* See the Addresses ad Reges et principes, ad Episcopos. In the charges against Popes Alexander V., Martin V,, and Eugenius IV., for abridging or frustrating ecclesiastical reforms (Janus, p. 309, seq.), perfectly concurs with Febronius (c. 6, § 15, n. 2, § 20, n. 3). See the reply of Zaccaria in Antifebronio i, p. Ixxxvi., seq. 15C. 6, § i,n. 2; §15, n. 3. 15 C. 6, § 8, n. 12. * It is needless to observe, that the great Bossuet would have looked with as much horror on a book like Janus, as Bellamiine himsel£ — Trans, S 2 74 The Restdts of JamLs. of the Church, we must have recourse to the revival of extinct theological systems, such as Gallican- ism,^^ to the resuscitation of long-abandoned views, such as Febronlanism, so closely allied with Josephism and Regalism ? Whom do these people hope to gain ? The strictly orthodox ? But these have often enough resisted such allurements. Is it the indlfiferentlsts and the unbelievers ? They need no resuscitated Episcopal system ; they need no decrees of Constance and Basle ; they wish, in- deed, for no new article of faith set up, but would fain see all the old ones, as much as possible, aboHshed, and most especially those on the sacra- ments of penance and matrimony. We know what Febronlus wrought among the Protestants ; ^^ how many errors were then proved against him by German and non-German theologians ; ^^ and we know, too, what from the attempted execution of his projects, ensued for the Ecclesiastical Princi- palities, and for the old German empire.^° Will our age show itself more favourable to his dis- ciples, and to those who emulate his conduct ? We may answer in the affirmative and in the negative. Affirmatively in those circles, which still live in the canon law of the courtiers and statesmen of the preceding century, and know no higher ideal than the ideal of that age. But no, and again no, in all other circles, different as they may be in their ^7 Vide Allgemeine Zeitung, 2ist Oct. 1869. App. No. 294 (article, entitled "Catholicism in France on the Eve of the CEcumenical Council"). Here we read, " The proper Gallicanism has been so much modihed, that we may say it exists no longer." ^8 New learned notices, Nova acta eruditorum. Lips. 1764, p. I. Jablonski Instit. Hist. Chr., t. iii., p. 146. Carl Frederick Bahrdt, dissert, v., Dec. 1763, §§ vi., viii., xvi. 13 Werner ("History of Catholic Theology in Germany," p. 212), and Phillips (Can. Law, iii., § 136, p. 372, seq.) specify the writings. '"■^ Phillips, loc. cU., p. 381 f. The Rcsii Us of Ja n ns. 275 principles, their position, their efforts, and their claims. Even in the circles to which Janus belongs, its small success seems more and more to be dis- cerned. Not in vain did a writer in the official Monitcur of this party," the Augsburg Allge- meine Zeitung^^ a "distinguished" Catholic nearly- akin to Janus, and appearing under a similar signa- ture, recently show that the political importance of the infallibility of the Pope and of the Chnych, is still not sufficiently appreciated ; that on the part of liberals, Rome's power is too much undervalued ; and that by a course of instruction suitable to the age, the people must be emancipated from the dogma of Infallibility. In the same article there are many other proposals and insinuations, full of benevolence towards the Catholic clergy, and point- ing to an emancipation of the people from the fetters of authority.^^ It was thought that the -^ This epithet is the more justified, as the above-named organ will give publicity to no other views, and as I perceive from the criti- cism of Professor Merkle (p. 2, n. i), that 1 have just received, closed its columns against his refutation of the falsehood propagated about Pope Alexander III. On the other hand, the same journal in its Appendix, 2 ist Nov. 1869, brings up, as I am now writing, an essay signed A. W., upon the confessors of princes, and which shamefully reviles the Catholic Sacrament of Penance, and serves up the most barefaced historical falsehoods, twice only giving its authorities, one the pretended " Catechism of the Jesuits," printed at Leipsic, 1820; and the other the infamous "MonitaSecreta," a work which has been long proved to be a fabrication of their enemies. Yet in despite of this fact, the same work is incessantly brought up by Protestant preachers down to H. A. Bergmann (Leipsic, 1867) ; but by all learned inquirers it has been cast into the literary lumber- room (see the Bonn Journal of Theol. Lit., No. 9, p. 329, 1867). Such historical productions are indeed worthy of the journal, in which the good Catholic Janus has thought proper to depose the fruits of his profound researches. "2 Allgemeine Zeituftg, 7th Nov. 1869. Extra Append. No. 311, Nov. 8. 23 That even in the conferences respecting the new election strug- gles in Bavaria, the impending deliberations of the CEcumenical 276 The Results of Janus, impressions already produced on the readers of the paper might, by continued efforts, be renewed ; and that by a repeated dose of the medicinal powder, the success already obtained might be further pro- moted. To revive the courage of the party the essay, entitled '' The Bishops and the Council," was particularly serviceable ; ^'' for in this the warn- ings of the bishops of Hungary, Bohemia, and Ger- many, in Rome, were spoken of, as well as the success they had thereby attained ; inasmuch as the scheme of proclaiming the dogma of Infalli- bility by way of acclamation appears to be given up. We are not informed of the proceedings in Fulda, and know nothing of the letters of the bishops of Bohemia and Hungary; we have no Roman ac- counts as to the views and measuresof thePapalcon- gregations in recent times ; but we think that these and other notices from such a source, as the Allge- inei7ie Zeitung, are to be received with more than usual caution. ^^ When we are informed that all hope has vanished, that the Council could conclude its labours in three weeks, so to all those who for a time had in a single commission been engaged in the preparatory labours, this statement would, even in February and March of last year, have appeared extremely ludicrous ; and in fact no one, with the exception of a French journal and its mahcious echo, has seriously believed in this report. It would almost appear as if the Augsburg Gazette Council were made a subject of comment, we learn from a Munich correspondent of the Allgemeiyie Zeiüing, 5th Nov. 1 869, No. 309. 2^ Allgemeine Zeitung, 19th and 20th Nov. 1869. Append. No. 323, seq. -^ Moreover in Rome also there is, as in the rest of the world, a pretended mortified ambition ; from Rome, too, as from other capitals, false reports can be propagated. During the sittings of the Council, this will occur in a still greater degree. For this the Catholics of Germany must hold themselves prepared. The Results of Jan ns. 277 would fain secure for itself an honourable re- treat. A further step is made, when nozv in con- nexion with the abandonment of the mode of acclamation, it is believed that measures have been introduced, whereby the bishops may con- fer and deliberate on the matters proposed to tJic Council ; as if from the beginning this course were not of necessity presupposed, but were originally excluded from the plan of proceedings. If in the sittings of the preparatory Commissions, the mem- bers of the minority could, even under the presi- dency of a cardinal, defend with the fullest energy their divergencies of opinion ; if in the mere prelude to the Council, a freedom of discussion was per- mitted, such as is not easily found in any other well-regulated assembly ; then how could the design be possibly entertained of withdrawing from the Bishops the right of conference and deliberation, that by a much stronger title belongs to them } The insinuation is as absurd as the scornful mockery about " the head-clerk of all the clerks of the Councir is frivolous ; while the factious summons to the bishops, " to make an attempt to recoiiqiier \h.€\x old apostolic (he might have added their inalienable) rights, which the Papacy had either abridged or wrested from them,*' is quite in the spirit of Jus- tinus Febronius.^^ But this article could not con- clude without giving a supplement to the historical exposition of Janus, and which in a second edition of that work, must certainly be incorporated into it. I should be obliged, as I am anxious to send my manuscript to the press, to add a new chapter, were I to expose, as they merit, the new charges heaped against the Popes. Yet some will I briefly touch on. The persecution of English -^ According to Febronius (c, 8, § 6, cf. c. 9, § 9), no prtescriptio, cessio, possessio, consuetudo can protect the popes. 278 The Results of Ja^ius. Catholics, that lasted for centuries, was, it seems, brought about by the prohibition of Pope Paul V. against their taking the oath of allegiance to their kings.^^ "Although that oath, it is said, contained nothing repugnant to the religious principles of Ca- tholics, yet the Pope declared it to be reprehensible, because identifying the well-being of the Church with his arrogated rights, he could not endure that this oath should state, that the Pope hath no power and authority to depose kings, to absolve subjects from their allegiance, and to excite against sove- reigns and the state rebellion and outrages." Paul v., indeed, in 1606 and 1607, condemned the oath demanded by King James I.,^^ because it was un- lawful, and on several points was openly opposed to faith and to the welfare of souls ; and as it was in itself, and was intended to be but a disguised oath of supremacy, which Catholics could not take, the Pontiff was fully justified in the course he pursued. For in the sense of the oath, even supreme ecclesi- astical authority is ascribed to the King as an absolutely sovereign ruler ; and at the conclusion, the Catholics were called upon to confess, that the oath wherein even questions of faith were treated of, had been lawfully imposed by a full and compe- tent authority. Next, the oath condemned an opinion, held by many men of high authority in the Q\vaxQ\\,as godless and heretical ; and this neither individual Catholics, nor any secular power, had the right to do ; and lastly, in order to render the Roman Church odious, it falsely imputed to it the doctrine, that princes excommunicated could be slam by any private individual at his will. If Bel- ^ Allgemeine Zeitzmg., 20th Nov., Append. 1869. Cf. Defensio declarat. Cleri gallic, t. i., P. ii., 1. viii. (al iv.), c. 23. ^^ The Formula is to be found in Rapin Thoyras Hist, de 1' Angle- terre, t. vii., 1. xviii., anno 1606. The Restilts of yamis. 279 larmine, Suarez, and others, alleged theological arguments for the indirect power of the Church ; yet neither Paul V., nor any other Pope, bound Eng- lish or other Catholics to hold this opinion as an article of faith ; but even quite independently of this consideration, the condemnation of this form of oath was perfectly justified. ^^ We see, indeed, in what quarter excitement, rest- lessness, dread, and the pain of uncertainty prevail; we see how no means are left unattempted, in order to work on the public mind to confirm more and more the historical views of the party, and to propagate various reports of the like tendency. So again it is reported from Vienna,^° that a letter has been addressed by the Roman Curia to cer- tain eminent prelates, which appears, indeed, very questionable ; though to many, in truth, it will appear but too probable, that it is precisely the clamour raised about the Papal prerogatives, and the action of the *' non-Ultramontanes," which seem calculated to necessitate the Council to pro- nounce upon questions which, in Germany, Eng- land, and France have been agitated with so much violence and rancour. Let us hope that this heat will cool down by degrees, and that moderation and prudence will return. Far more decorous, cautious, and measured is a small pamphlet that has recently appeared ; ^' though this, too, moves in the same circle of ideas as Janus, and in a summary way reflects much of that production. But the twenty-six theses here 2^ F/V/^ Gosselin, 1. c, pp. 282-288, where the literature on this subject is given. On the decrees of Popes Nicholas V. and Alex- ander VI. likewise cited, see ibid.^ pp. 269-271. Bianchi t. xi., 1. vi., § 9, p. 568, seq. 3" Allgemeine Zeitufig, 23d Nov. 1869. Append. '^ *' Considerations for the Bishops of the Council respecting the question of Papal Infallibility," p. 17. October 1869. Munich. 28o The Results of J antes, laid down mostly want the ulterior proofs ; and if we are to seek these in Janus, we shall certainly not find a firm and solid basis for these allegations. We meet with too many apodictic judgments, that yet on a closer examination turn out to be very problematical. That here no St Bernard, no Fenelon speaks, the reader will immediately dis- cover. How any one can assert^* that it was 07ily by coercion and violence, and by the putting down of all dissentients, the opinion of Papal Infalli- bility could spread, is to us utterly inexplicable. This doctrine was yet advocated in France by eminent theologians,^^ and in despite, too, of the greatest disfavour on the part of the Court, and amid much opposition ; while the contrary view enjoyed every kind of official patronage, and was thereby able to spread elsewhere. From the fact that, on the 20th January 1626, Papal Infallibility was proclaimed in France with a degree of spon- taneousness which certainly was wanting to the Declaration of 1682, and from the very great number of Infallibilists of all countries and ages, of all positions and callings, including men of solid learning and holy lives, it is morally impossible, as well as most offensive to the whole Church, to represent the diffusion of this doctrine as brought about by acts of tyranny. In reference to the alleged forgeries, the author of the " Considera- tions" completely coincides with Janus ; and so, likewise, with regard to the asserted obligatory force of the decrees of Constance and Basle, which ^^ " Considerations for the Bishops," p. 15. 22d Thesis. ^^ Cf. the above cited work of Gerin on the Assembly of 1682, which furnishes rich materials on the subject. Also Charlas de libertat. Eccl. gallic, L. vii,, c. 10, seq.; c. 13. Bennettis, P. I, t. i., p, 303, seq. Zaccaria Antifebronio, i. Introd., c. iv., p, lix. j., seq. The Rcsidts of J amis. 2 8 1 the by far greater portion of the Church has not recognized. In short, we here find a recurrence of the same theory, of the same view as to the present state of the Church, which for so long a time has experienced, borne, nay, approved of a frightful disfigurement.^'^ Independently of the suspicions cast upon the defenders of Papal Infallibility, who for the greater part are represented as members of the great Monastic orders, entirely dependent on Rome, then again, as partly Cardinals, partly candidates for the Cardinalitial dignity — yet among these are not to be included very many eminent theologians belonging to the secular clergy, who never became Cardinals, nor ever canvassed for the Roman purple ;^^ independently of these imputations, we say, the writer especially insists, that with the assumption of Papal Infallibility is indissolubly connected the acceptance of the doctrine also, " that the Popes possess an nnlimitcd power over all princes and magistrates, over all states and commonwealths ; that they can at their good plea- sure interfere with sovereign power in all affairs of civil government, depose princes, overthrow laws, and decide on questions of peace or war/'^^ But here the theological opinion respecting the indirect power of the Church in temporal matters is mis- represented and unduly extended,^^ and the writer '* As to what position (according to Janus) the I^ishops are to take with regard to their "communities," this pamphlet, which in all appearance is destined for the ecclesiastical aristocracy, says not a word. It appears almost like an editio castigata in usum Del- phini. *^ P. 15. 23d Thesis. See Merkle's Critique on this, p. 38, sfq. ^ P. 13. 19th Thesis. '7 Cf. the opinion of the Theological Faculty of Würzburg of the 7th July 1869, ii., § 27, seq. The author of the Introduction to the Cologne edition of the Encyclical and of the Syllabus of 282 The Reste Its of Jan us. overlooks the fact withal, that if Bellarmine, Suarez, and others held this for a dogma, this was their private sentiment, which could bind no one, nor reduce the defenders of the opposite opinion to silence. In the same way as the doctrine of Papal inerrancy did not thereby become a dogma, from the fact that these theologians held it for such, so this is the case also with the doctrine of the indirect power. Not all theologians who de- fend the former, advocate the latter also in the same degree ; very many consider it only as a seiitentia certa, which is very far from being a dogma. Nay, even in Rome authors of the highest authority say precisely, that the doctrine of the indirect power in temporals is no dogjna.'^^ That this is not to be inferred from the Bull of Pope 1864, cites, at p. 18, a passage from the Manual of Canon Law by the Jesuite Tarquini, printed in Rome with a triple approbation. The passage runs as follows : — "In temporal affairs, and with regard to temporal objects, the Church has no power in civil society. Thence it follows, that civil society, even when consisting entirely of Catholics, is not subordinated to the Church, but is completely independent of it. . . . In things in which the aim of civil society, directly or accidentally (per se vel per accidens), comes into collision with the object of the Church, that is to say, with the salvation of souls, and with eternal life, there must temporal prosperity, or the aim of civil society, be postponed to the salvation of souls, and to eternal life, that is to say, to the object of the Church." To this the author of the Introduction subjoins — "Whoso, indeed, does not believe in the value of the immortal soul, nor in hell, will find it foolish that eternal life, when it cannot be purchased otherwise than by the surrender of an earthly advantage, should require and deserve the sacrifice of the latter. But if Catholics, who are no unbelievers, hold the opinion that the ijidependence of each of the tivo powers should not be pushed to the essential detriment of ecclesias- tical authority, so no one, without offending against the laws of logic, can represent this view as a denial of the independence of the state." ^ Bianchi, op. cit., L. i,, § 19, n. 6, p. 166 ; § 21, n. i, p. 184. Gosselin II., p. 293, 294, with the authors cited in note 2. Cf. Card. Sfondrat. Gall. Vind. Diss, ii., § ii., seq. Phillips' Canon Law, ii., § 116, p. 627. The Reste Us of y amis. 2 S3 Boniface VIII. we have already seen. That the interpretation given by the ablest theologians, and supported by numerous documents, would lead to the " ruin of all scientific dogmatic theology," is an assertion, indeed, which should be first scientifically proved. If it really be the case, as "Oa^ Allgemeine Zeitung ^\.2X^di in its Appendix of the i8th Novem- ber 1869, that Doctor Von Döllinger has com- posed these " Considerations,'' then has he certainly, in this pamphlet at least, not surpassed his former works, and has not secured for himself the predi- cate of "the greatest theologian of the presentday." Neither age, which of itself does not protect from errors, nor earlier rendered services, which furnish no charter to later times, nor the distinctions re- ceived from secular and from ecclesiastical autho- rity, which do not always promote Christian humility, can in the learned world — with the exception of some blind admirers and flatterers, whose existence has but too clearly manifested itself in our daily press — exalt the author above the ancient saying, "^ tantum valet, quantum probat," he has 710 further value than his proofs. The Chureh of God stands higJier ifi our estimation than a7iy personage, howsoever highly respeeted. But a Church given up to darkness and to cor- ruption, forsaken of God in a way as is here more gently insinuated, and by Janus more rudely ex- pressed — that is no longer the Church which the Catholic represents to himself, when he says, I believe in One, Holy, Catholic, and Apostolie ChurcJi. Yet an institution, which ages have revered as the holiest and the most august in the history of the world, will certainly not, iDy newspaper articles and pamphlets, be robbed of this veneration ; she will rise the higher in the love of her members, the more impure is the spirit that dares to assail her, 284 The Results of Janus. the more odious the means which it has employed for that purpose, the more evident the sophistry which it has poured forth. " If a man hardeneth his will against the truth, so he hardeneth thereby his understanding also." ^^ This is his affair ; he may shoot forth arrows from the dark, they fall back upon his head. The Church of God remains what she was ; she remains great amid the modern heathenism as she was great amid the old, in the present disrupture of nations, as in the early migra- tion of peoples ; and, unembarrassed by all these sophisms and misrepresentations, by all these calumnies and assaults, millions, after many, many years, will yet exclaim in Fenelon's last words: " O Roman Church ! O holy city ! O dear and com- mon home !'"^° Great historical antagonisms — questions which ages scarcely dared to agitate — they are to be set- tled, they are to be brought to a final solution in a time so convulsed, so diseased, and so tempes- tuous as our own. There, where the principle of authority is at stake, men have ventured to put forth criminal hands in order to debase in the eyes of the multitude that supreme power, which, whether they discern or deny the fact, is a prop for all other authorities ; to represent it as built and consoli- dated on empty fraud ; to prepare the way for those who regard all religion as nought else but priestly craft, and the Deity itself as but a "fiction," and thereby to undermine all the foundations of moral and social order. But what thrones are, beside profaned altars ; and what kings are, be- side outraged priests — this the history of the last centuries has shown in legible characters ; this 2^ In malevolam animam non introibit sapientia, Sap. i. 4. *^ Card. Bausset Vie de Fenelon, t. ii., p. 1 70, seq. The Results of Jan us. 285 is shown by the words and confessions of avowed Revolutionists, a Proudhon, a Victor Hugo, a Louis Blanc, a Mazzini. What the French Jansenists, as the outposts of the Revolution, sowed, and what they reaped, this is known to all the world. And if we would make a survey of the many congresses held under various titles in Switzerland, in Bel- gium, in Germany, in Italy, in Spain ; and if we would submit to a closer inspection the acts of the last peace-congress of Lausanne, or of the Inter- national Association of Labourers in Basle ; truly our statesmen, our scholars, and educated classes would find matter for the most serious reflections, and could trace the approach of a storm, which to them, and to their interests, would be far more nox- ious than even to those of the Church. In this way to render good service to the Revolution, as is done by our modern Febronians, appears still the business of short-sighted men, who see not, or would fain not see, the final result of their policy. Wilful corrupters of mankind, who push all things to the abyss, which widely gapes before a deluded generation, are happily on the whole but very rare phenomena — the number of the deluded is so much the greater. These are the considerations which, on the reading of Janus, have pressed themselves on my mind. " The important literary phc7i07nc7ion, from which the Ultramontane party has hitherto timidly slunk away,'"*' could not remain without a decisive answer, and this was to be given as quickly as pos- sible. Renouncing the statement of my own thoughts and wishes in regard to the Council, and bent only on repelling the malicious assaults against the Apostolic See, — assaults which by no *i Allgemeine Zeitung, 24th October 1869. 286 The Results of James, exaggerations and one-sided views of particular individuals, however lamentable they may be, can in any way be justified ; — I enter a solemn protest ■against this book of Janus in the interest of science, which has been here utterly abused, as well as in the interest of the Church, which has been shame- fully outraged ; while at the same time, mankind at large are but ill served by sophistries and mis- representations. However troubled the relations of the present times may be, I faint not, I despair not, of Christian nations, to whom God's merciful- ness hath not denied the cure even of grievous maladies,"^^ nor do I despair of the final triumph of justice, which is everlasting and immortal."^" I con- fide in the power of divine truth, which strengthens faith, which purifies knowledge, which vivifies love, which secures unity in the bond of peace. I believe in One, Holy, Catholic, and Apostolic Church. ^2 Sanabiles fecit nationes orbis terrarum. Sap. i. 14. ^3 Justitia enim perpetua est et immortalis. Sap, i. 15. •^tH' ie-T,*.'«^, m APPENDIX. Testimonies of Distinguished German Protestant Histo- rians, in favour of the Moral and Political Influence of the Popes and Bishops of the Middle Age, referred to at Chapter lo, p. 217 {Germa7i). Many years ago, I appended the present note to my Tran- slation of Frederick Schlegel's "Philosophy of History." It was suggested by the remark of that Catholic writer, that eminent German Protestants had had the merit of dispelling many modern prejudices as to the political umpirage exercised by the Popes in mediaeval times. When I made these quotations for the benefit of my Protestant countrymen, I little thought that I should have ever had occasion of using them against pseudo- Catholics, like the writers of Janus._ These, by their gross misrepresentations and calumnies uttered against the Papacy, have not only outraged the feelings of all Catholics, but even run counter to the sentiments of the most learned and impartial of their own Protestant fellow-countrymen. — (Tra?is.) To show my readers the enlarged and enlightened views taken by the Protestant writers of that country on the political influence of the Papacy in the Middle Age, and on the services which at that momentous period the hierarchy rendered to the cause of social order, liberty, 288 Appendix, and civilization, it were easy to transcribe matter more than sufficient to fill a volume. Let a few examples suffice : — " ' The northern nations,' says the celebrated historian of Switzerland, John von Müller, ' rushing in upon the most beautiful countries of Europe, trampling under foot or disturbing and convulsing all social institutions, men- aced the whole western world with a barbarism similar to that which, under the Ottoman sceptre, has obliterated everything good, great, and beautiful that ancient Greece and Asia had produced. Yet the Bishops and other dignitaries (Vorsteher) of the Church, strong in their authority, contrived to impose a restraint on those giants of the north, who as regards intelligence were but children. They would not have been more successful than the Greek prelates, had they been subject to four different patriarchs. The Popes of Rome (whose primi- tive history is as obscure and defective as that of the ancient Roman Republic, since we know little of the first Popes, except that they devoted their lives for the faith, as Decius had done for his country) ; — the Popes, we say, with the same address which we admire in the ancient Senate, to render their see independent, subject to its immediate action the whole western hierarchy, and establish its sway far beyond the boundaries of the ancient Empire on the ruins of the northern religions. Thus, whoever refused to honour the Christ, trembled before the Pope; and one faith and one Church were preserved in Europe amid the breaking up and subdivision of the newly-founded kingdoms into a thousand petty princi- palities. We know what Pope made Charlemagne the first Emperor ; but who made the first Pope ? The Pope^ they say, was on/y a Bishop. Yes; but at the same time the Holy Father, the Sovereign Pojitiff,^ the great Caliph (as he was called by Ho-Albufreda, Prince of Hamath), of all the kingdoms and principaUties, of all the lordships and cities of the west. It is he who controlled by the fear of God the stormy youth of our modern states. At present even, when his authority is no longer formidable, he is still very puissant by the benedictions which he i Appendix. 289 showers ; he is still an object of veneration to innume- rable hearts, honoured by the kings who honour the nations, invested with a power, before which, in the long succession of ages, from the Coesars to the House of Hapsburg, a host of nations and all their great names have vanished,' *' * We declaim against the Pope, as if it were such a misfortune that there should exist an authority to super- intend the practice of Christian morality, and to say to ambition and to despotism, ' Halt ! so far and no further ! Bisher und nicht weiter !' So speaks the illustrious John von Müller. "The celebrated Herder allows, 'that without the Hierarchy, Europe in all probability had become the prey of tyrants, the theatre of eternal wars, or even a desert.' "'The Hierarchy,' says Beck, 'opposed the progress of despotism in Europe, preserved the elements of civilization, and upheld in the recollection of men, what is so easily effaced — the ties which bind earth to heaven. Those ignorant men, as we affect to call them, have settled almost all the countries of Europe. The fruits of that time are the formation of the third estate, whence dates the true existence of nations, and the establishment of cities, wherein social life and true liberty were de- veloped.' — Beck on the Middle Jge, p. 13. Leipzic, 1824. " ' The weak,' says Riihs, in his ' Manual of the History of the Middle Age,' 'then found in spiritual authority a better protection against the encroachments of the powerful than afterwards in the so-called balance of power — a system, which as it was a f/iing purely abstract^ dez'oid of all external guarantee, must soon have lost all influence. The Pope was always present to terminate the wars, which had broken out among Chris- tian princes, and to protect the people against the in- justice and tyranny of their rulers. The Clergy, there- fore, everywhere showed themselves opposed to the power of kings, when the latter wished to become perfectly absolute. They wished not to domineer over them, but to confine them within the legitimate bounds T 290 Appendix. of their authority. The priesthood were, consequently, always for princes, when vassals attacked the rights of the sovereign. They were the natural and constant guardians of the rights and liberty of all classes.' — Manual of the History of the Middle Age. 1816. — Tra7is.)'' Vide Frederick Schlegel's " Philosophy of History," translated by myself, Bohn's edition, p. 361. Seventh edition, 1859. Bell & Daldy, London. INDEX NOMINUM ET RERUM. The Figures denote the Pncj^e. Acacian Schism, 65, 136. Agatho, P., 60, 128. Alexander III., P., 23. Alexander VII., P., 91. Allgeyneine Zeitung, i, 70, et pas- sim. Ambrose, St, 96. Arian Heresy, 136. Armenian Church, 141. Athanasius, St, 112, seq. Attrition, 92. Augustine, St, 67, 77, 96 Jn. 3}, 130. Austria, 40. Baius, 91. Baptism, Infant, 76. Basil, St, 114, seg. Basle, Council of, 199, Bavaria, 5, 39. Benedict XIII., Anti-P., 18. Benedict XIV., P., 55. Bernard, St, 100. Bishops, 260. Bonaventure, St, 99, 100. Bull, "Auctorem Fidei,"2. Bull, " Cum ex Apostolatus Officio," 256. Bull, " In Coena Domini," 257, Bull, " Unam Sanctam," 7, 203, seq. Bull, " Pastor internus," 202. Capemaite Doctrine, 85. Celestine III., P., 85. Chalcedon, Council of, 124, 127, 138, 147- Charlemagne, 156. Chrysologus, St, 67. Chrysostom, St, 97, 130. Church, 3, 4,. 240, seq. Civüta, Cattolica, i, seq., 10, 15. Clement, P., 109. Concordat with S. America, 35.' Confirmation of Councils, 124, 159. Congress of Basle, 7. Constantine, Emp., 146. Constantinople, See of, 138. Constitutum, Sylvestri, 149. Convocation of Councils, 120, seq. CuUen, Card., 17 (n 3;. Curia, 9, 72, 226, seq. Cypnan, St, in. Cyrill, St, 117, et n. Damascene, St John, 96. Dante, 70. Decretals of Pseudo-Isidore, 64, 158. Decretum of Gratian, 170, seq. De la Mennais, 24. De Maistre, 24. Dionysius, P., 112. Dionysius Exiguus, 133. Dollinger, 59, 106, 283. Donation of Constantine, 155, 156. Düsseldorf, Cath. Assembly of, 7. Emile Ollivier, 259. Emperors, 120. Ephesus, Latrocinium of, 120, 123. Eugenius, IV. P., 88 seq., 181. Eutychian Heresy, 135. Fabian, P., no. Filioque, 181. Florence, Council of, 179 & (n. 109), 202. Forgeries, 144, seq. Francis of Sales, St, 19. Franks, Epistle to the, 157. Frohschammer, 21 (n. 14). 244 Fulda, Bps. assembled at, 7. Gelasius, P., 132, 133, 150. 292 Index. General Councils, 186, seq. GestaXysti, III., 150. Gratian, 170, seq. Gregory the Great, 139. Gregory VII. P., 167, 192, 218. Hegesippus, 109. Heretics, 177 (n 105). Historisch-Politische Blätter, 11. Honorius, P., 79. Hormisdas, P., 65, 153. Hugo of St Victor, loi. Hyacinthe, Pere, 7. Immaculate Conception, 19. Infallibility, Papal, 16, 20, seq. : 50. seq.: 281, seq. Innocent I., P., 117 et n ., 132, 135. Innocent III., P., 87. Innocent X., 92. Inquisition, 236. Irenaeus, St, 108. James I., King of England, 23, 278. Jansenism, 92, 241. Janus, 14, 25, 69, et Passim. Jerome, St, 96 (n. 4). Jesuits, I, 5, 8, 20, 33, 69. John XXII., P., 87. Joseph, St, 18. Julius, P., 74, 160 [n 44^. Justinian, II., Emp., 66, 124. La Luzerne, Card., 24. Lateran, First General Council of, 192. Lateran, Second General Council of, 193- Lateran Council, Fifth, 202. Latrocinium of Ephesus, 189. Leo I., P , 121, 135. Leo X , P., 210. Liber Pontificalis, 154. Liberius, P., 75, 114. Lyons, First General Council of, 193, seq. Magna Charta of England, 35. Manning, Abp., 17 (n. 3). Marcellus of Ancyra, 74. Martin V., P., 28, 198. Melchior, Canus, 53. Meletius of Antioch, 136. Middle A^es, 44. Monothelitism, 79. Nicsea, General Council of, 188. Nicholas I., P., 83, 12S, 162, seq. Nicholas II., P., 85. Nicholas III., P., 87, 88. Oaks, Synod of the, 189. Oecumenical Councils, 2, 143- Paul III., P., 24. Pelagiusl., P., 68. Pepin, King of France, 157. Peter, St, 61, seq.; 97, 138, 140. Phillips, 118, 132. Pichler, 51. Pisa, Council of, 196. Pius IX., P., 258, seq. Photius, 130. Polycarp, St, 109. Popes, 2, 67, 71, 94, seq.: 120, 131, 217, seq. Presidency of Councils, 122. Primacy, 108, seq. Probabilism, 20. Pseudo-Isidore, 130, 138, 145, 158, seq. Sardica, Council of, 117 etn., 129. Schneemann, 17 (n. 2), 31. Schrader, S. J., 33. Sinuessa, Pretended Synod of, 149. Siricius, P., 132, 135. Sixtus V.,"P , 91. Soter, P., no. Stephen II., P , 83. Stephen III., P., 128, 156. Supremacy, Papal, 95, seq. Syllabus, 15, 18, 27, seq. Syncellus, Office of, 170. Tertullian, 64. Theodoret, P., 67. Thomas Aquinas, St, 176. Tradition, 253. Tractoria of P. Zosimus, 78. Trent, Council of, 4, 210, seq. 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