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delegates of the Apostolic See, and other *ecclesiastical judges, or who obstruct the proceedings of the said judges.

15. Also secular judges, who bring before their tribunals ecclesiastical persons, or who publish or execute ordinances and pragmatics prejudicial to the ecclesiastical liberty.

16. Also those who obstruct prelates and ecclesiastical judges in the exercise of their jurisdiction; those who have recourse to the secular as a protection against the ecclesiastical courts, and those who aid and abet them.

17. Also those who usurp and sequester the revenues of properties belonging to the Holy See and to the Church.

18. Also those who exact contributions from ecclesiastical persons and goods, and their aiders and abettors.

19. Also secular judges who interfere in criminal causes against ecclesiastical persons.

20. Also those who occupy the city of Rome, and other cities, provinces, and places belonging to the Roman Church, and who usurp her jurisdiction.

In this category are included, among other territories, the kingdom of Sicily, the islands of Sardinia and Corsica.

21. Decrees that this Bull shall continue in force until another similar process be issued by the Pope for the time being, and that no one shall obtain absolution from the sentences of this Bull from any other than the Pope, unless he be in articulo mortis, and then only after surety given for obedience to the mandates of the Church, and for satisfaction to be made.

Another article provides that the affixing of this Bull to the door of St. Peter's and St. John of Lateran, shall have the effect of a personal service upon everybody.

CCCXXI. There has been much dispute whether this Bull be now in force, or whether it requires an annual publication for that purpose. The English Roman Catholics maintain that it is obsolete, (m) and requires a promulgation to revive it; though those provisions [*333] in it which were to be found in other Bulls, of which, indeed, it is a compilation, are still binding.

The language of canonists, and especially of Reiffenstuel,(n) would seem to warrant a contrary conclusion. Practically speaking, it is, no doubt, dormant for the present. It will be presently seen what a general resistance from all independent States the last attempt to promulgate it excited.

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If no such chre of allimbt te has been since made, (m) Letter of Lord Arundel, p. 4. the same pomwords, mon ins Greety (n) Letter of Lord Arundel, p. 6. vectes perhaps, has assinated modern Paral încystics and provoka The resince of Modern Goremments

I tends, Car. X3 Rising, the Mickey lock Afpain is race isrand a Ceventor to the Frighs in which he sour fammered that the Enegolical could out be reaches of them in this attinen of in any tline for fermer in not harry ben veranded by the tog erfarenge the for; wavy When in 1935 the Enegel. Quanta Eurn in the appeased Syllafon The Bishoped

came into Frence, the thi of Iustice libād to recept

If the Act Part of the Setter as Por Poffundity, as contrary to she primer des

い

THE INTERNATIONAL STATUS OF THE PAPACY BETWEEN THE PERIOD
OF THE PROMULGATION OF THE CANON LAW AND THE COUNCIL OF
TRENT.

CCCXXII. THUS, at the close of the thirteenth century, the Papal power had reached its utmost height. It had carried to the extremest practical verge the logical consequences of the principles laid down in the Bulls which have been mentioned. (a)

The kingdoms of the earth were at the disposal and under the
supremacy of the servant of the servants of God.

About the beginning of the fourteenth century, the flagrant abuse of
Pontifical authority began to cause its rapidly accelerating downfall.(b)
Philip IV. of France burnt the Bull of Boniface VIII. which invaded
the Regalia of the French crown, (c) defied his *excommunication,
and appealed to a General Council.(d) The contumacy and [335]

cruelty of Clement VI. towards the Emperor Louis of Bavaria, roused
the Princes and States of the Empire, and produced the celebrated decree
of the Diet of Frankfort, A. D. 1338.(e) In this decree, which became a
Fundamental Law of the Empire, it was declared that the Imperial Dig-
nity was derived from God alone, and that the Emperor, once chosen by
a plurality of the suffrage of electors, needed no confirmation or corona-
tion of the Pope, and that to maintain the contrary should be considered
a crime of high treason. (ƒ)

CCCXXIII. Another event greatly injured the Papal authority. Cle-
ment V., who had been Archbishop of Bordeaux, was crowned at Lyons,
and took up his abode at Avignon (g) A. D. 1305, and there his succes-
sors continued till A. D. 1378.(h)

The Pope was accused, not without reason, after abetting the persecution of the Templars, of being the tool of the French Kings.

(a) Discours, Rapports, et Travaux inédits sur le Concordat de 1801, &c., par J. E. M. Portalis, publiés et précédés d'une Introduction, par le Vicomte Frédéric Portalis. Paris: 1845.

(b) Shakspeare has admirably painted the spirit of these times in the answer to Pandulph, which he puts into the mouth of the Dauphin Lewis:

"Your Grace shall pardon me. I will not back;

I am too high-born to be propertied,

To be a secondary at control,

Or useful serving-man, and instrument

To any sovereign State throughout the world," &c.

(c) A. D. 1302. 1 Koch, 224.

(e) Raynaldus, A. D. 1346, n. 7.

King John, act v. sc. 2.

(d) 1 Koch, 225.

(f) Leibnitz, Cod. Juris. Gent. Dipl., part i. p. 149.

See the instrument of sale by which Joanna, Queen of Sicily, transferred

Avignon to Clement VI., A. D. 1358. 1 Schmauss, C. J. A. 50.

(h) In 1376, Gregory XI. returned to Rome. Then, as the Italians said, the seventy years of the Babylonish Captivity ceased.-3 Phillipps, 331.

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France and other States annemord that the Cheveny the M.C.

law.

J

cones is endorsed only when contextent with the Ciril or manicitial Lawn. Ry. 1525, Argo: Menikus en was (39

If the State during the preceding eentury had dwelt in the house of the Roman Church, the host and guest had certainly changed places.(1) Towards the end of the fourteenth century, Schism tore the Papacy in pieces. Christendom was divided between Popes contemporaneously chosen at Avignon and at Rome; at one time a third Pope was chosen at Pisa, () so that three *Pontiffs claimed at one and the same time [*336] the undivided spiritual allegiance of Christendom. The Avignon and Roman Schism lasted from 1398 to A. D. 1417.

The Ecclesiastical Council of Constance (A. D. 1414), deposed the Popes of Avignon, and procured the resignation of the Popes of Rome, and at its fifth session declared the superiority of the authority of an Universal Council to the Pope; nevertheless, it was thought indecent to take further proceedings while no visible chief of the Ecclesiastical State existed. At Colonna, Marten V. was elected, and prepared his own scheme of reform; but this was not agreeable to the clergy of England, France, Germany, Italy, and Spain, who were assembled at Constance. The Council of Basle was therefore convened, at which Annates and various Papal exactions were abolished, and the liberty of appeals to Rome greatly circumscribed. (7) Eugenius IV., the successor of Marten, dissolved the Council twice, once under the allegation of opening a communication with the Greek Church.(m) Another Schism happened, another Pope (Felix V.) was chosen by the prelates who remained at Basle. He subsequently resigned, and at last, about A. D. 1449, the Council discontinued its sittings, and the Popes since this period have been resident, except during the captivity in France of Pius VI. and VII., at Rome.(n)

CCCXXIV. The question now arises, how were the International relations of independent States with the Roman See affected by these great and significant events?

*The time had fully arrived when neither-to use the expres[*337] sion of modern canonists-the hierocratic nor the territorial system could exclusively prevail, when the Church was to be considered as standing by the side, as it were, of the State, subject to it in all temporal matters whatever, but not incorporated in the State, as in the days of Constantine, Justinian, and Charlemagne, or altogether absorbing the State, as in the days of the Gregories and Innocents. It is no longer necessary, for the explication of this difficult subject, to record minutely the changes of dynasties and the vicissitudes of national fortunes. The age of Pragmatics, of Pragmatic Sanctions, and of Concordats

(i) The history of the Papal residence at Avignon was not lost upon Napoleon. He was well aware of the advantages which the Pope's residence in France gave to its Monarch, and had at one time determined to revive the French Popedom. Vide post.

(k) A. D. 1409.

Bossuet, Declaratio Cleri Gallicani, 1. v. cc. 4, 5. 1 Koch, 230.

(m) A temporary act of union of the Roman and Greek Churches appears to have been signed at Florence, A. D. 1439, but it was speedily dissolved.-Ib. 231. (n) The Councils of Constance and Basle were called Reformatory, and modern writers, who are vehement upholders of the Papal pretensions, admit that the views of the Popes, and especially the flagrant abuse of spiritual censures, called aloud for reformation.-Phillipps, Kirchenrecht, iii. p. 325.

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had begun; the very meaning of the latter term, it must be observed, bears testimony too the historical facts stated above; we learn from it that the relation subsisting between the spiritual chief at Rome and the Government of other nations, had become that of an alliance regulated by treaty between two independent States. Nevertheless, there is this distinction to be borne in mind, viz., that a third party, the National Church, and especially the Clergy, are parties interested (indeed, principally interested,) as well as the Government and the Roman See, in whose names a treaty is contracted.(o)

The Concordata between the Roman See and Independent States proceed upon two presumptions:

First, That there are certain rights and privileges inherent in Sovereigns with respect to the Church established in their realms.

Secondly, That there is in independent kingdoms, whatever relations it may bear to Rome as the centre of unity, a national Church—the two principles which the Pragmatic Sanctions had already on the part of the nation declared to be essential to the independence of the State. CCCXXV. The International relations of Rome with other [*338] *nations cannot be understood without an examination of these instruments;(p) from them not only the expression of Pontifical and National will may be best collected, but usage, the great expounder of International Law may be most clearly ascertained.

As the era of the Reformation, and the Treaty of Vienna (1815,) have greatly affected this branch of the Law, it will be convenient to divide the consideration of this subject into three epochs :

1. The period preceding the Reformation.

2. The period intervening between it and the Treaty of Vienna. 3. The period subsequent to this Treaty.

CCCXXVI. 1. As to the period before the Reformation. The history of the intercourse of the secular Government and of the national Church of France with the Pope, is perhaps that which best illustrates the International Relations between Independent States and Rome during this period. Into this discussion the most remarkable circumstances of these peculiar relations in the history of other nations, during the same period, may be easily interwoven; though, as to the period which has elapsed since the Reformation, they will require a separate and more specific narration.

CCCXXVII. A Pragmatic(2) is an imperial constitution, framed, (0) De Pradt, i. 280.

(p) Eichhorn follows Sauter in pronouncing his opinion that inasmuch as all concordata are founded upon the principle of the weal of the Church, they are only binding so long as they attain that end, and cannot therefore be ranked either among private or international contracts.-Eichhorn, Kirchenrecht, I., B. iii. Absch. i. c. 5, pp. 578-9. Sauter, Fundam. Jur. Eccl. Cathol. p. 1, ss. 626-4.

(9) "Pragmatica s. Pragmaticum, rescriptum principis solemne præsertim illud quod res publicas administrandas aut negotia collegii alicujus tractanda respiciebat."-Dirksen, Manuale Lat. Fontium Jur. Civ. Romanorum.

"Parmi nous l'usage a donné ce nom aux grandes ordonnances qui concernent les grandes affaires de l'Eglise, ou de l'Etat, ou, au moins, les affaires de quelques communautes."-Durande De Maillane, Dict. du Jur. Can., voce PRAGMATIQUE SANCTION. Ducange, Gloss., voce PRAGMA. Пpayμa is, of course, its origin.

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[*339]

after inquiry and deliberation, upon a matter of *State importance, with the consent of the chiefs and the approbation of the Sovereign of the country(r).

The Pragmatic, which is of the earliest International importance with reference to the present branch of our subject, is that of Saint Louis. It was promulgated in 1268, by that Monarch of France, whom the Church of Rome has especially delighted to honour. It is extremely simple, short, and pertinent, and a most valuable historical monument upon this branch of International Law.

CCCXXVIII. "Ludovicus, Dei Gratiâ Francorum Rex, ad perpetuam rei memoriam. Pro salubri et tranquillo statu Ecclesiæ regni nostri, necnon pro divini cultûs augmento, et Christi fidelium animarum salute, utque gratiam et auxilium omnipotentis Dei (cujus solius ditioni ac protectioni regnum nostrum semper subjectum extitit, et nunc esse volumus,) consequi valeamus, quæ sequuntur hoc dicto consultissimo, in perpetuum valituro, statuimus et ordinamus.

"I. Prim out Ecclesiarum regni nostri prælati, patroni, et beneficiorum collatores ordinarii jus suum plenarium habeant, et unicuique sua juridictio servetur.

"II. Item, Ecclesiæ cathedrales, et aliæ regni nostri liberas electiones, et earum effectum integraliter habeant.

"III. Item simonia crimen pestiferum Ecclesiam labefactans a regno nostro penitus eliminandum volumus et jubemus.

"IV. Item promotiones, collationes, provisiones et dispositiones prælaturarum, dignitatum, et aliorum quorumque beneficiorum et officiorum ecclesiasticorum regni nostri, secundum dispositionem, ordinationem, et determinationem Juris Communis, sacrorum Conciliorum Ecclesiæ Dei, atque *institutorum antiquorum sanctorum patrum fieri volumus et ordinamus.

[*340]

"V. Item exactiones et onera gravissima pecuniarum per curiam Romanam Ecclesiæ regni nostri imposita, quibus regnum nostrum miserabiliter depauperatum extitit, sive etiam imponendas, vel imponenda, levari aut colligi nullatenus volumus, nisi duntaxat pro rationabili, piâ et urgentissimâ causâ, vel inevitabili necessitate, ac de spontaneo et expresso consensu nostro et ipsius Ecclesiæ regni nostri.

"VI. Item libertates, franchisias, immunitates, prærogativas, jura et privilegia per inclytæ recordationis Francorum reges prædecessores nostros, et successivè per nos, Ecclesiis, monasteriis, atque locis piis religiosis, nec non personis ecclesiasticis regni nostri concessas et concessa laudamus, approbamus et confirmamus per præsentes.

"Datum Parisiis, anno Domini 1258, mense Martio."(s)

Here, then, we have a French King and a French Church, with rights and privileges which have been grievously injured, and which are to be for the future protected against the invasion of the Curia Romana. These articles are the Magna Charta of the liberties of the Gallican Church,

(r) The Roman Emperors published Pragmatic Rescripts in the time of St. Augustine, as did the first and second races of French monarchs.-De Pradt, i. (s) Lequeux, Manuale Compendium Juris Canonici, t. iv. pp. 432-3.

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