Papal decree

“ Papal legates visited all lands, and, supported by the people, insisted upon the strict observance of the papal decree. At the next fast synod in A.D. 1075, the pope began the contest against the usual investiture of the higher clergy by the temporal princes, with ring and staff as symbols of episcopal office. Whoever should accept ecclesiastical office from the hand of a layman was to be deposed, and any potentate who should give investiture should be put under the ban of the church. ”

“ The Nuncio Monte made great efforts to have this published, but the Suprema had the books examined and only prohibited them until they should be expurgated. It was not always easy, however, to array the bishops in opposition to the Holy See, and in Valencia the self-willed Archbishop Acevedo claimed the right to publish the papal decree, and the tribunal there was involved in some trouble with the episcopal officials. ”

“ So far as the Church was concerned its condemnation was irrevocable. By this time the papacy had become the supreme and unquestioned legislator. The compilation of papal decrees known as the Decretals of Gregory IX., issued in 1234, was everywhere accepted as the “new law” of binding force, and in it the compiler, St. Ramon de Peñafort, had sedulously420 inserted the prohibitions so repeatedly issued during the preceding three-quarters of a century. These prohibitions were no longer construed as limited to ecclesiastics; the whole system was condemned. St. ”

“ This Bull, issued in the first instance to restrain the arts and practices by which the spirit of the former prohibitions against Nepotism was evaded, determines, beyond all controversy, the scope of those earlier Papal decrees with which it stands connected, and in conjunction with which subsequent Popes have sworn to it. ”

“ That a Church should be a bishop is certainly new; and that a truly episcopal power should reside in a Church which is not a bishop, is one of the many mysteries created by the Vatican Council. But that the source of the Pontiff's authority should in this very Decree be sought in the Church, is a proof how hard a task is theirs who determine to make dogma conquer history. In the very language of the Decree, history conquers the dogma.
If the document contains this one taint of dualism as between Church and Pope, it is clear of all reproach of dualism as between the Pope and Princes. ”

“ In March he fled in disguise from Constance, leaving his cardinals behind him. The council was dismayed at the pope's departure, as it feared that he would dissolve it as soon as he was out of its control. It thereupon issued a famous decree (April 6, 1415) declaring its superiority to the pope. It claimed that a general council had its power immediately from Christ. Every one, even the pope, who should refuse to obey its decrees or instructions should be suitably punished. ”

“ Just a few months before the loss of his temporal sovereignty a great Ecumenical Council of the Roman Catholic Church had proclaimed the doctrine of Papal Infallibility, which declares decrees of the Pope "on questions of faith and morals" to be infallible. ”

“ No one who has been elected by less than two-thirds, shall presume to act as pope, and if he does he shall suffer the same penalty. This decree shall not be to the prejudice of the canon law or of the practice in other churches where the voice of the majority is declared to be decisive in elections, because any dispute arising in these churches can be settled by appeal to higher authority. The Roman church requires a special law, because there is in her case no higher authority to appeal to. ”

“ Nominations directly made by the court of Rome, especially in the case of dioceses long vacant, became increasingly numerous. The principle of election by canons was repeatedly violated, and threatened to disappear; and at the end of the 13th century the spectacle was common of prelates, whether nominated or confirmed by the pope, entitling themselves “bishops by the grace of the Holy See.” The custom in force required bishops established by papal authority to take an oath of fidelity to the pope and the Roman Church, and this oath bound them in a particular fashion to the Curia. ”

“ But if any man, — which Heaven forefend!” proceeds the document, “shall venture to deny this definition, let him be accursed!” (Sessio iv. cap. 4; Mirbt, Quellen, p. 381) . These clauses contain the doctrine of papal infallibility, and make the recognition of that doctrine incumbent on all Catholic Christians. But how are we to recognize whether the decision of the pope is given “in the exercise of his doctrinal office,” or not? No criterion is assigned, and no authentic interpretation has been accorded from the chair of St Peter. ”

“ The method of procedure adopted by the Council, and the temper in which its business was conducted, were no less favorable to the Papacy than the authoritative sanction which it gave to dogmas. From the first, the presidency and right of initiative in its sessions were conceded to the Papal Legates; and it soon became customary to refer decrees, before they were promulgated, to his Holiness in Rome for approval. The decrees themselves were elaborated in three congregations, one appointed for theological questions, the second for reforms, the third for supervision and ratification. ”

“ He is the supreme judge, as he is the supreme ruler. As such, his right to judge in matters of faith, without the aid of a general council, as well as to make laws and exercise all the plenitude of jurisdiction, has been acknowledged by all the œcumenical councils and by the whole church in every age. It is false to say that the dogmatic decree of the Council of the Vatican made any change in doctrine or law respecting the authority of the pope over the episcopate, whether assembled or dispersed, and over the universal church. ”

“ Other decrees of this council insisted on the sanctity of marriage, and the necessity of obtaining the Church’s blessing in matrimony.
Its limits.
The absolute supremacy of the Conqueror in ecclesiastical matters is expressed in three rules which he is said to have laid down, and which define his rights in relation to the papacy. He would have no Pope acknowledged as apostolic without his bidding, and no papal letters brought into his kingdom unless he approved them. Synodical decrees were to have no force unless he had first ordained them ”

“ This decree was "of faith." How long did it continue to be "of faith"? [Pg 129] Only until the Pope prepared his Bull, collecting the dogmatic decrees into a novel creed. Then it was altered. The men who, henceforth, were to be the priests of Rome found themselves called upon to take oath, not as the Council willed it and worded it, that they would never interpret Holy Scripture against the unanimous consent of the Fathers, but that they would never interpret it except according to the unanimous consent of the Fathers. This was another will and another wording altogether. ”

“ It is a marvelous fact, worthy of record, that in the whole history of the church, from the nineteenth century to the first, no solitary example can be adduced to show that any pope or general council ever revoked a decree of faith or morals enacted by any preceding pontiff or council. ”

“ It is, perhaps, not superfluous to remark that the terms "plenitude of power" as denoting the prerogative of the Pope, and "received to a share of the solicitude," as denoting the origin and nature of the bishop's authority, are not merely happy phrases, but scientific terms fitted to express the Papal theory of the Church constitution as opposed to the Episcopal theory. The Episcopal theory, holding that the office of all bishops is of divine institution, regards the Pope, not as the source of episcopal authority, but as supreme and ultimate [Pg 81] arbiter. ”

“ Bishops have, in virtue of their God-given powers, full authority within their dioceses in all matters of dispensation, patronage and the like; papal bulls, briefs, &c., and the decrees of the Roman Congregations are only of binding force in each diocese when sanctioned by the bishop; nunciatures, as hitherto conceived, are to cease; the oath of allegiance to the pope demanded of bishops since Gregory VII.’s time is to be altered so as to bring it into conformity with episcopal rights ”

“ Gregory in his letter to the emperor of the day, and his very words in his letter to the patriarch Eulogius, have become a [Pg 307] matter of faith by their enrolment in the decree of the Vatican Council. That decree defines the Principate to be an episcopal power of jurisdiction, which is immediate, over the whole Church. By it the whole Church becomes one flock, under one shepherd. ”

“ Moreover, when, in the time of pope Nicholas, a synod was held with 125 bishops in session, this was established and decreed : that no one should ever become pope except by election of the cardinals, with the approbation of the people and through the consent and authority of the king. And thou thyself wast the author, the sponsor and the signer of this decree. Furthermore thou hast filled the whole church, as it were, with the ill odour of a most grave charge concerning the too familiar living together and cohabitation with a strange woman. ”

“ The Vatican Council.548
Immediately after Pius IX. had, at the centenary of St. Peter in 1867, given a hint that a general council might be summoned at an early date, the Civiltà Cattolica of Rome made distinct statements to the effect that the most prominent questions for discussion would be the confirming of the syllabus (§ 185, 2) , the sanctioning of the doctrine of papal absolutism in the spirit of the bull Unam sanctam of Boniface VIII. (§ 110, 1) , and the proclamation of papal infallibility. The Civiltà had already taught that “when the pope thinks, it is God who thinks in him.” ”

“ No prince can have any title to exercise an exequatur, placet, or any other form of check upon an edict of the Pope. Every man who denies the validity of a Papal law, because it is prohibited by the government of the country, is solemnly condemned; he interrupts the communication between the authority of the Pontiff and the conscience of his subjects. ”

“ In common with all enlightened opinion, he complained bitterly of the excessive multiplication of exemptions, of the exaggerated extension of appeals to Rome, of the luxury of the Roman court, of the venality of the cardinals, and of the injury done to the traditional hierarchy by the very extent of the papal power, which was calculated to turn the strongest head. In St Bernard’s treatise De consideratione, addressed to Pope Eugenius III., the papacy receives as many reprimands and attacks as it does marks of affection and friendly counsel. ”

“ They speedily multiplied again, and the Suprema took advantage of the Lutheran excitement of 1558 to procure their withdrawal. In its report of September 9th of that year to Paul IV, it represented that many prelates and frailes kept prohibited books, in spite of edicts and censures, refusing to surrender them on the plea that they held papal licences; in view of the danger thence arising to the faith, the pope was asked for a brief revoking all such licences, ordering their surrender under heavy penalties and authorizing rigorous prosecution of transgressors. ”

“ No council, they urged, could be considered a general one which was called against the will of the pope, because, without the bishop of the Roman or mother church, the council obviously could not lay claim to represent all Christendom. The defenders of the papal power maintained, moreover, that the pope was the supreme legislator, that he might change or annul the act of any council or of a previous pope, that he might judge others but might not himself be judged by any one. ”

“ It has the highest human authority, apart from the divine sanction which confirms it. When the prelates of the Vatican Council presented the dogmatic decree defining the infallibility of the pope, to Pius IX. for his sanction, history, theology, the consent 594of Fathers, Doctors, councils, and Catholic Christendom, and the Holy Scriptures as interpreted by a series of the most learned and holy men who have adorned the annals of the church, demanded through them the solemn confirmation of this decree. ”

“ Excommunication.| But, if any one should presume, say they, to appeal beyond Sea, let no Man receive him to his Communion [1530] . To this Decree Gratian has added, to save the Jurisdiction of the Pope, unless they appeal to the See of Rome; than which nothing can be more absurd, since it was to restrain the encroaching Power of the See of Rome that this Canon was made. We must not forget, that St. Austin was present at this Council, and signed this, as well as the other Canons and Decrees, that were, on this Occasion, enacted by the 225 Bishops. ”

“ Much less can the said brief of Clement XI stand in regard to the decree that “the regulars cannot resign from the missions or parishes under penalty of censures, loss of benefices, and other arbitrary penalties.” For this clause alone is sufficient to persuade one that the representations that were made to obtain that decision from the pope were not ruled by truth. For had his Holiness well understood all the circumstances, how could he have issued an order from which would follow the inference of injuries terrible and irremediable to the holy orders? ”