The Pamphlet Collection of Sir Robert Stout: Volume 1
IV. The Third Proposition
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IV. The Third Proposition.
I now pass to the operation of these extraordinary declarations on personal and private duty.
When the cup of endurance, which had so long been filling, began, with the council of the Vatican in 1870, to overflow, the most famous and learned living theologian of the Roman Communion, Dr. von Döllinger, long the foremost champion of his Church, refused compliance, and submitted, with his temper undisturbed and his freedom unimpaired, to the extreme and most painful penalty of excommunication. With him, many of the most learned and respected theologians of the Roman Communion in Germany underwent the same sentence. The very few, who elsewhere (I do not speak of Switzerland) suffered in like manner, deserve an admiration rising in proportion to their fewness. It seems as though Germany, from which Luther blew the mighty trumpet that even now echoes through the land, still retained her primacy in the domain of conscience, still supplied the centuria prærogativa of the great comitia of the world.
But let no man wonder or complain. Without imputing to anyone the moral murder, for such it is, of stifling conscience and conviction, I for one cannot be surprised that the fermentation, which is working through the mind of the Latin Church, has as yet (elsewhere than in Germany) but in few instances come to the surface. By the mass of mankind, it is
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morally impossible that questions such as these can be adequately examined; so it ever has been, and so in the main it will continue, until the principles of manufacturing machinery shall have been applied, and with analogous results, to intellectual and moral processes. Followers they are and must be, and in a certain sense ought to be. But what as to the leaders of society, the men of education and of leisure? I will try to suggest some answer in few words. A change of religious profession is under all circumstances a great and awful thing. Much more is the question, however, between conflicting, or apparently conflicting, duties arduous, when the religion of a man has been changed for him, over his head, and without the very least of his participation. Far be it then from me to make any Roman Catholic, except the great hierarchic Power, and those who have egged it on, responsible for the portentous proceedings which we have witnessed. My conviction is that, even of those, who may not shake off the yoke, multitudes will vindicate at any rate their loyalty at the expense of the consistency, which perhaps in difficult matters of religion few among us perfectly maintain. But this belongs to the future; for the present, nothing could in my opinion be more unjust than to hold the members of the Roman Church in general already responsible for the recent innovations. The duty of observers, who think the claims involved in these decrees arrogant and false, and such as not even impotence real or supposed ought to
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shield from criticism, is frankly to state the case, and, by way of friendly challenge, to intreat their Roman Catholic fellow-countrymen to replace themselves in the position which five-and-forty years ago this nation, by the voice and action of its Parliament, declared its belief that they held.
Upon a strict re-examination of the language, as a part from the substance of my fourth Proposition, I find it faulty, inasmuch as it seems to imply that a "convert" now joining the Papal Church, not only gives up certain rights and duties of freedom, but surrenders them by a conscious and deliberate act. What I have less accurately said that he renounced, I might have more accurately said that he forfeited. To speak strictly, the claim now made upon him by the authority, which he solemnly and with the highest responsibility acknowledges, requires him to surrender his mental and moral freedom, and to place his loyalty and civil duty at the mercy of another. There may have been, and may be, persons who in their sanguine trust will not shrink from this result, and will console themselves with the notion that their loyalty and civil duty are to be committed to the custody of one much wiser than themselves. But I am sure that there are also "converts" who, when they perceive, will by word and act reject, the consequence which relentless logic draws for them. If, however, my proposition be true, there is no escape from the dilemma. Is it then true, or is it not true,
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that Rome requires a convert, who now joins her, to forfeit his moral and mental freedom, and to place his loyalty and civil duty at the mercy of another?
In order to place this matter in as clear a light as I can, it will be necessary to go back a little upon our recent history.
A century ago we began to relax that system of penal laws against Roman Catholics, at once pettifogging, base, and cruel, which Mr. Burke has scathed and blasted with his immortal eloquence.
When this process had reached the point,' at which the question was whether they should be admitted into Parliament, there arose a great and prolonged national controversy; and some men, who at no time of their lives were narrow-minded, such as Sir Robert Peel, the Minister, resisted the concession. The arguments in its favour were obvious and strong, and they ultimately prevailed. But the strength of the opposing party had lain in the allegation that, from the nature and claims of the Papal power, it was not possible for the consistent Roman Catholic to pay to the crown of this country an entire allegiance, and that the admission of persons, thus self-disabled, to Parliament was inconsistent with the safety of the State and nation; which had not very long before, it may be observed, emerged from a struggle for existence.
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* See the work of Count dal Pozzo on the 'Austrian Ecclesiastical Law.' London: Murray, 1827. The Leopoldine Laws in Tuscany may also be mentioned.
† See 'Report from the Select Committee appointed to report the nature and substance of the Laws and Ordinances existing in Foreign States, respecting the regulation of their Roman Catholic subjects in Ecclesiastical matters, and their intercourse with the See of Rome, or any other Foreign Ecclesiastical Jurisdiction.' Printed for the House of Commons in 1816 and 1817. Reprinted 1851.
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Answers in abundance were obtained, tending to show that the doctrines of deposition and persecution, of keeping no faith with heretics, and of universal dominion, were obsolete beyond revival; that every assurance could be given respecting them, except such as required the shame of a formal retractation; that they were in effect mere bugbears, unworthy to be taken into account by a nation, which prided itself on being made up of practical men.
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* At that period the eminent and able Bishop Doyle did not scrapie to write as follows: "We are taunted with the proceedings of Popes. What, my Lord, have we Catholics to do with the proceedings of Popes, or why should we be made accountable for them?"—'Essay on the Catholic Claims.' To Lord Liverpool, 1826, p. 111.
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The two first of these questions were covered by the third. And well it was that they were so covered. For to them no satisfactory answer could even then be given. The Popes had kept up, with comparatively little intermission, for well-nigh a thousand years their claim to dogmatic infallibility; and had, at periods within the same tract of time, often enough made, and never retracted, that other claim which is theoretically less but practically larger; their claim to an obedience virtually universal from the baptised members of the Church. To the third question it was fortunately more practicable to prescribe a satisfactory reply. It was well known that, in the days of its glory and intellectual power, the great Gallican Church had not only not admitted, but had denied Papal infallibility, and had declared that the local laws and usages of the Church could not be set aside by the will of the Pontiff. Nay, further, it was believed that in the main these had been, down to the close of the last century, the pre-
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vailing opinions of the Cisalpine Churches in communion with Rome. The Council of Constance had in act as well as word shown that the Pope's judgments, and the Pope himself, were triable by the assembled representatives of the Christian world. And the Council of Trent, notwithstanding the pre-dominance in it of Italian and Roman influences, if it had not denied, yet had not affirmed either proposition.
All that remained was, to know what were the sentiments entertained on these vital points by the leaders and guides of Roman Catholic opinion nearest to our own doors. And here testimony was offered, which must not, and cannot, be forgotten. In part, this was the testimony of witnesses before the Committees of the two Houses in 1824 and 1825. I need quote two answers only, given by the Prelate, who more than any other represented his Church, and influenced the mind of this country in favour of concession at the time, namely, Bishop Doyle. He was asked, *
"In what, and how far, does the Roman Catholic profess to obey the Pope?"
* Committees of both Lords and Commons sat; the former in 1825, the latter in 1824-5. The References were identical, and ran as follows: "To inquire into the state of Ireland, more particularly with reference to the circumstances which may have led to disturbances in that part of the United Kingdom." Bishop Doyle was examined March 21, 1825, and April 21, 1825, before the Lords. The two citations in the text are taken from Bishop Doyle's evidence before the Commons' Committee, March 12, 1825, p. 190.
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"The Catholic professes to obey the Pope in matters which regard his religious faith: and in those matters of ecclesiastical discipline which have already been defined by the competent authorities."
"Does that justify the objection that is made to Catholics, that their allegiance is divided?"
"I do not think it does in any way. We are bound to obey the Pope in those things that I have already mentioned. But our obedience to the law, and the allegiance which we owe the sovereign, are complete, and full, and perfect, and undivided, inasmuch as they extend to all political, legal, and civil rights of the king or of his subjects. I think the allegiance due to the king, and the allegiance due to the Pope, are as distinct and as divided in their nature, as any two things can possibly be."
Such is the opinion of the dead Prelate. We shall presently hear the opinion of a living one. But the sentiments of the dead man powerfully operated on the open and trustful temper of this people to induce them to grant, at the cost of so much popular feeling and national tradition, the great and just concession of 1829. That concession, without such declarations, it would, to say the least, have been far more difficult to obtain.
Now, bodies are usually held to be bound by the evidence of their own selected and typical witnesses. But in this instance the colleagues of those witnesses thought, fit also to speak collectively.
First let us quote from the collective "Declaration," in the year 1826, of the Vicars Apostolic, who,
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with Episcopal authority, governed the Roman Catholics of Great Britain.
"The allegiance which Catholics hold to be due, and are bound to pay, to their Sovereign, and to the civil authority of the State, is perfect and undivided. . . . .
"They declare that neither the Pope, nor any other prelate or ecclesiastical person of the Roman Catholic Church . . . . has any right to interfere directly or indirectly in the Civil Government . . . . nor to oppose in any manner the performance of the civil duties which are due to the king."
"It is a duty which they owe to themselves, as well as to their Protestant fellow-subjects, whose good opinion they value, to endeavour once more to remove the false imputations that have been frequently cast upon the faith and discipline of that Church which is intrusted to their care, that all may be enabled to know with accuracy their genuine principles."
and, after various recitals, they set forth"They declare on oath their belief that it is not an article of the Catholic Faith, neither are they thereby required to believe, that the Pope is infallible."
"After this full, explicit, and sworn declaration, we are utterly at a loss to conceive on what possible ground we could be justly charged with bearing towards our most gracious Sovereign only a divided allegiance."
Thus, besides much else that I will not stop to quote,
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Papal infallibility was most solemnly declared to be a matter on which each man might think as he pleased; the Pope's power to claim obedience was strictly and narrowly limited: it was expressly denied that he had any title, direct or indirect, to interfere in civil government. Of the right of the Pope to define the limits which divide the civil from the spiritual by his own authority, not one word is said by the Prelates of either country.
Since that time, all these propositions have been reversed. The Pope's infallibility, when he speaks ex cathedrâ on faith and morals, has been declared, with the assent of the Bishops of the Roman Church, to be an article of faith, binding on the conscience of every Christian; his claim to the obedience of his spiritual subjects has been declared in like manner without any practical limit or reserve; and his supremacy, without any reserve of civil rights, has been similarly affirmed to include everything which relates to the discipline and government of the Church throughout the world. And these doctrines, we now know on the highest authority, it is of necessity for salvation to believe.
Independently, however, of the Vatican Decrees themselves, it is necessary for all who wish to understand what has been the amount of the wonderful change now consummated in the constitution of the Latin Church, and what is the present degradation of its Episcopal order, to observe also the change, amount-
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ing to revolution, of form in the present, as compared with other conciliatory decrees. Indeed, that spirit of centralisation, the excesses of which are as fatal to vigorous life in the Church as in the State, seems now nearly to have reached the last and furthest point of possible advancement and exaltation.
* 'Romæ: in Collegio urbano de Propaganda Fide.' 1833.
† I am aware that, as some hold, this was the case with the Council of the Lateran in a.d. 1215. But, first, this has not been established: secondly, the very gist of the evil we are dealing with consists in following (and enforcing) precedents from the age of Pope Innocent III.
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"Docemus, et divinitus revelatum dogma esse definimus, Romanum Pontificem, cum ex Cathedrâ, loquitur, id est cum, omnium Christianorum Pastoris et Doctoris munere fungens, pro supremâ suâ, Apostolicâ auctoritate doctrinam de fide vel moribus ab universâ Ecclesiâ, tenendam definit, per assistentiam divinam, ipsi in Beato Petro promissam, eâ infallibilitate pollere, quâ Divinus Redemptor Ecclesiam suam in definiendâ doctrinâ, de fide vel moribus instructam esse voluit: ideoque ejus Romani Pontificis definitiones ex sese non autem ex consensu Ecclesiæ irreformabiles esse." *
* 'Constitutio de Ecclesiâ,' c. iv.
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Again, it may be sought to plead, that the Pope is, after all, only operating by sanctions which un-questionably belong to the religious domain. He does not propose to invade the country, to seize Woolwich, or burn Portsmouth. He will only, at the worst, excommunicate opponents, as he has ex-communicated Dr. von Döllinger and others. Is this a good answer? After all, even in the Middle Ages, it was not by the direct action of fleets and armies of their own that the Popes contended with kings who were refractory; it was mainly by interdicts, and by the refusal, which they entailed when the Bishops were not brave enough to refuse their publication, of religious offices to the people. It was thus that England suffered under John, France under Philip Augustus, Leon under Alphonso the Noble, and every country in its turn. But the inference may be drawn that they who, while using spiritual weapons for such an end, do not employ temporal means, only
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fail to employ them because they have them not. A religious society, which delivers volleys of spiritual censures in order to impede the performance of civil duties, does all the mischief that is in its power to do, and brings into question, in the face of the State, its title to civil protection.
* Pages 15, 44.
† 1 Cor. x. 31; Col. in. 7.
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But we shall now see that, even if a loophole had at this point been left unclosed, the void is supplied by another provision of the Decrees. While the reach of the Infallibility is as wide as it may please the Pope, or those who may prompt the Pope, to make it, there is something wider still, and that is the claim to an absolute and entire Obedience. This Obedience is to be rendered to his orders in the cases I shall proceed to point out, without any qualifying condition, such as the ex cathedrâ. The sounding name of Infallibility has so fascinated the public mind, and riveted it on the Fourth Chapter of the Constitution de Ecclesiâ, that its near neighbour, the
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Third Chapter, has, at least in my opinion, received very much less than justice. Let us turn to it.
"Cujuscunque ritÛs et dignitatis pastores atque fideles, tam seorsum singuli quam simul onmes, officio hierarchicæ subordinationis veræque obedientiæ obstringuntur, non solum in rebus, quæ ad fidem et mores, sed etiam in iis, quæ ad disciplinam et regimen Ecclesiæ per totum orbem diffusæ pertinent. . . . . Hæc est Catholicæ veritatis doctrina, a quâ deviare, salvâ fide atque salute, nemo potest. . . .
"Docemus etiam et declaramus eum esse judicem supremum fidelium, et in omnibus causis ad examen ecclesiasticum spectantibus ad ipsius posse judicium recurri: Sedis vero Apostolicæ, cujus auctoritate major non est, judicium a nemine fore retractandum. Neque cuiquam de ejus licere judicare judicio." *
* 'Dogmatic Constitutions,' &c., c. iii. Dublin, 1870, pp. 30-32.
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But why this ostensible reduplication, this apparent surplusage? Why did the astute contrivers of this tangled scheme conclude that they could not afford to rest content with pledging the Council to Infallibility in terms which are not only wide to a high degree, but elastic beyond all measure?
Though they must have known perfectly well that "faith and morals" carried everything, or everything worth having, in the purely individual sphere, they also knew just as well that, even where the individual was subjugated, they might and would still have to deal with the State.
In mediæval history, this distinction is not only clear, but glaring. Outside the borders of some narrow and proscribed sect, now and then emerging, we never, or scarcely ever, hear of private and personal resistance to the Pope. The manful "Protestantism" of mediæval times had its activity almost
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entirely in the sphere of public, national, and state rights. Too much attention, in my opinion, cannot be fastened on this point. It is the very root and kernel of the matter. Individual servitude, however abject, will not satisfy the party now dominant in the Latin Church: the State must also be a slave.
Our Saviour had recognised as distinct the two provinces of the civil rule and the Church: had nowhere intimated that the spiritual authority was to claim the disposal of physical force, and to control in its own domain the authority which is alone responsible for external peace, order, and safety among civilised communities of men. It has been alike the peculiarity, the pride, and the misfortune of the Roman Church, among Christian communities, to allow to itself an unbounded use, as far as its power would go, of earthly instruments for spiritual ends. We have seen with what ample assurances* this nation and Parliament were fed in 1826; how well and roundly the full and undivided rights of the civil power, and the separation of the two jurisdictions, were affirmed. All this had at length been undone, as far as Popes could undo it, in the Syllabus and the Encyclical. It remained to complete the undoing, through the subserviency or pliability of the Council.
* See further, Appendix B.
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"Non solum in rebus, quæ ad fidem et mores, sed etiam in iis, quæ ad disciplinam et regimen Ecclesiæ per totum orbem diffusæ pertinent."
Absolute obedience, it is boldly declared, is due to the Pope, at the peril of salvation, not alone in faith, in morals, but in all things which concern the discipline and government of the Church. Thus are swept into the Papal net whole multitudes of facts, whole systems of government, prevailing, though in different degrees, in every country of the world. Even in the United States, where the severance between Church and State is supposed to be complete, a long catalogue might be drawn of subjects belonging to the domain and competency of the State, but also undeniably affecting the government of the Church; such as, by way of example, marriage, burial, education, prison discipline, blasphemy, poor-relief, incorporation, mortmain, religious endowments, vows of celibacy and obedience. In Europe the circle is
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far wider, the points of contact and of interlacing almost innumerable. But on all matters, respecting which any Pope may think proper to declare that they concern either faith, or morals, or the government or discipline of the Church, he claims, with the approval of a Council undoubtedly Ecumenical in the Roman sense, the absolute obedience; at the peril of salvation, of every member of his communion.
It seems not as yet to have been thought wise to pledge the Council in terms to the Syllabus and the Encyclical. That achievement is probably reserved for some one of its sittings yet to come. In the meantime it is well to remember, that this claim in respect of all things affecting the discipline and government of the Church, as well as faith and conduct, is lodged in open day by and in the reign of a Pontiff, who has condemned free speech, free writing, a free press, toleration of nonconformity, liberty of conscience, the study of civil and philosophical matters in independence of the ecclesiastical authority, marriage unless sacramentally contracted, and the definition by the State of the civil rights (jura) of the Church; who has demanded for the Church, therefore, the title to define its own civil rights, together with a divine right to civil immunities, and a right to use physical force; and who has also proudly asserted that the Popes of the Middle Ages with their councils did not invade the rights of princes: as for example, Gregory VII., of the Emperor
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Henry IV.; Innocent III., of Raymond of Toulouse; Paul III., in deposing Henry VIII.; or Pius V., in performing the like paternal office for Elizabeth.
I submit, then, that my fourth proposition is true: and that England is entitled to ask, and to know, in what way the obedience required by the Pope and the Council of the Vatican is to be reconciled with the integrity of civil allegiance?
It has been shown that the Head of their Church, so supported as undoubtedly to speak with its highest authority, claims from Roman Catholics a plenary obedience to whatever he may desire in relation not to faith but to morals, and not only to these, but to all that concerns the government and discipline of the Church: that, of this, much lies within the domain of the State: that, to obviate all misapprehension, the Pope demands for himself the right to determine the province of his own rights, and has so defined it in formal documents, as to warrant any and every invasion of the civil sphere; and that this new version of the principles of the Papal Church inexorably binds its members to the admission of these exorbitant claims, without any refuge or reservation on behalf of their duty to the Crown.
Under circumstances such as these, it seems not too much to ask of them to confirm the opinion which we, as fellow-countrymen, entertain of them, by sweeping away, in such manner and terms as they may think best, the presumptive imputations which
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their ecclesiastical rulers at Rome, acting autocratically, appear to have brought upon their capacity to pay a solid and undivided allegiance; and to fulfil the engagement which their Bishops, as political sponsors, promised and declared for them in 1825.
It would be impertinent, as well as needless, to suggest what should be said. All that is requisite is to indicate in substance that which (if the foregoing argument be sound) is not wanted, and that which is. What is not wanted is vague and general assertion, of whatever kind, and however sincere. What is wanted, and that in the most specific form and the clearest terms, I take to be one of two things; that is to say, either—
I. A demonstration that neither in the name of faith, nor in the name of morals, nor in the name of the government or discipline of the Church, is the Pope of Rome able, by virtue of the powers asserted for him by the Vatican decree, to make any claim upon those who adhere to his communion, of such a nature as can impair the integrity of their civil allegiance; or else,
II. That, if and when such claim is made, it will even although resting on the definitions of the Vatican, be repelled and rejected; just as Bishop Doyle, when he was asked what the Roman Catholic clergy would do if the Pope intermeddled with their religion, replied frankly, "The consequence would be, that we should oppose him by every means in
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our power, even by the exercise of our spiritual authority." *
1. | That the Pope, authorised by his Council, claims for himself the domain (a) of faith, (b) of morals, (c) of all that concerns the government and discipline of the Church. |
2. | That he in like manner claims the power of determining the limits of those domains. |
3. | That he does not sever them, by any acknowledged or intelligible line, from the domains of civil duty and allegiance. |
4. | That he therefore claims, and claims from the month of July 1870 onwards with plenary authority, from every convert and member of his Church, that he shall "place his loyalty and civil duty at the mercy of another:" that other being himself. |
* 'Report,' March 18, 1826, p. 191.