The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-09
THE CATHOLIC CHURCH IN EUROPE.
The Pope's Exclusive Jurisdiction over
the Clergy and the Public and
Private Schools Of Austria.
The Power Of the See Of Rome over
Booksellers and Publishers.
The Pepe's opinion Of Louis Napoleon
and Francis Joseph,


The following alocution Of Pope Plus * was read Ia
the Secret Consis.sry of the I'd ofNuvember, 1865:
Venerable Br0thersln apostolic solicitu for the
niversal flock Of the Lord and in "a ernal for
all the faithful paops the sway the pera and
royal houre OF Austria, since the Il our
supreme pontifcate, hsye citecsed, venerable bro
TIERS all our cares and most ardent desires hs regu.
ation OF the affairs aud interests Of religion in hat vast
empire. Thanks to the infinite ooun Of God and to tho
pety OF our most dear In Jesus Christ francis Jo
seph, Emperor and Apostolic King Of Auftri. whist
desired has pass Is for thu Of the
greatest joy Scarcey had this religious pu,e tasen
tie rens OF in the empire OF his fathers tha
earnestly rtsposog IT, the just waes expressed oy us
y religion and ls salatary doctrine the OF
peace security ana true hopor to naoas DO saw ming
more gent Ard glor than TO merit The blessings Of
good men by confirming and projecting the freed Of the
Catholic church throughout tho of bis domnions
Daily increasing in zeal and flia devotion
pond to socituoe, he earnestly requested Of to
conclude with him Concorcat, VII oh, N vir of
apostolic authority should regulate ecclesiastical affairs
In his empire and afford creased aciles Tor meeting
the spiritual wants Of his people, You easily understand
OF yourselves venerable brothers. with VIVA joy
ceived these solicitations from His I'm serial aud
Observation-Disclosures so laudabie and which,
ponding perfectly with desires and til OF
predecessors striking proof Of tue love ,lch
this eminent prince bears to religion. Accordingly
employed without delay our care ana soictuie to
duet to happy issue an affair of much Importance
dear son in Jesus Christ this desired Coo, rdat, which
has been signed by the peoipotenaiss chosen on both
chael Vale Pela Cardinal Priest If the Hy eo@.n
Church sent BY US and by the Apostolic see Pro Nuaco
10 lis Imperial and Apostolic MAZE ty, and recently
named BY Us Arcbbiahop Of Bologna ana in the name Of
the iDustrious Emperor and Kog, oy bro
ther, Joseph othmar Archbishop OF Vienna. This Con-
cordat, now ratified BY and oy the Emaercr Kiug
will te, according TO The orders which have given,
laid before you. with the apostolic letters BY which
have regularly and solemnly conf med IT,
But for the moment we could avoid comnnuoic.t It
Ing to yot, openly and publicly 10 this augi semoy,
the extreme Joy caused by this happy event. siace
have been enaoec to regulate what 10 this Vast 2re
concerns the dignity, authority eoctriue aud protec
ton Ct the rights Of the C.'hol, church add OF the
Holy See, also what estaosh aud daily Increase
and the spiritual welfare of those nsous 10
short venerable braihers, in this Con orda it has
before ali provided that he Catholic ,lc Roman
reion sfeL be preserved and protected hsreae 10 all
the empire of Austria, IL cash Of the which
constitute ii, snd that it shall III possess enjoy ait
the nights and plerogalvea which belong t. il in virtue
Of ts divine institution, and # the sauoofcsI onstitu
lions. And as the Roman Pontin Vicar Of Jssus Cust
esrth, and OF the Blessed rr of Apostles
has Of divine right priority of and jurisdiction
throughout the entire church, this Cathoi, dgmi has
been expressed in most precise terms in tho Act it.
SELF and the penposr ntares have ofcarded from f.
Ideally eliminated and banished the opinionfake per
verse; fatal and entirely contrary this av priority Of
BY the Apostolic sse according to weic tue pacs o he
ereqa Of the civil government should be oH1iaei for
Nhat concerns spiritual h,,gs and ecclesiastical, dysrs.
Therefore IL has ben ruled that the mutual relations Of The
bishops Of the austrian States, and those of their clergy and
Of he faithful population NTH Apostolic Sec ia all that
regards spiritual matters and ecclesiastical affairs should
b. perfectly free, ,,ot bsiag subjected any royal
authority Of any Kind chater1 Equal care has oeen
taken 70 provide for what the sacred pootf ud
JOY of full and entire liberty in he exercise of their eps
copal functions, and that they may thus daily devote
better to what the salvation Of their Aoiks
that the archbishops and bishops may comnuni
cate, without restraint not only wish their clergy and
, ,ss fsi1ai people bu, mosover pah Pastoral
asticsl mstsrs-reoeve cierics, 10 order % educate
them according to the rules laii doSn BY tss holy
eanons ADMIT them to holy ORDERS and remove from
among them those whom they s1all judge unworthy
Also that they may create minor benehcs, found and
organize parishes prescribe and in icste prayers and
" pt
cal or diocessan and impose censure add inerdc to
tie faithful bad books, contrary 70 region and good
orAs. And as is Of the highest interest for cicit
religious society hot youth should be carly formed in pi7
and sound doctrine, has been prortdsd Hl IN all pa,ie
an perfectly conJormo,I TO the doctrine Of the
church Thur dc 1hops wi!have, in riae Of tr saarge
not only 70 direct in ey lo,cMy The religious inra ton
" youth but also TO ecatch Nth The gyeGet that in
part mhosoeer of education there cn.er anything contra ~
@ The Catholic religion and good morals; and therefore all
the y, imam schools so be subjected 10 an ecclesiastical in
scor 1t has been likewise prescribed that the bishops
shall have, the holy canons desire, The direction
veInmt Mt ID admnist,a ion of the clerical nnaries;
and that the establishment and chose OF iors
fsssors, and masters Of bellies res and sciences ID the
admission of pupils shall be eft she pruden and
dsc1eatn. But 1t win mover be permitted, without the
authority Of tbs bshops TO teach aay part either of
Theological science, The science Of law or CAFE
chsm.
AL ecclesiastical caecs those especially which concern
faith the sacramento aud TIC rigats Of the minis
try and regard only the ecclesiastical court, sail bs
subned t. ecclesiastical judges, whD will proaoun,e
according TO tbs laws Of the sacred aad the
tons Of the Council IT Treat 10 II mac
rsge leaving to the lay judges to take cognziucs only
of the matter pertaining the cvii relations If the
rage. will to he ecclesiastical inoeiey
to pronounce on the existence OF the Ats of oetro h
ard on the consequences OF the Of mlrags
observing with the greatest the pcufent aud w,e
dispositions Of the Council Of Gent AMI he Ia tses
apostolic of predecessor Plus w. Of hapoy memoy,
commencing with tbese words-Aacorenl fiet The
hstops shall enjoy their full rigbt ,nct clercs
who shall merit them the peualtis, estat he'd y the
cancnical laws or such Others as they shalt jute ppro
pirate and they shalt be entirely fee imp 'edsures
all the faithful wac shall dare to vo.,ts and trans
gress the ecclesiastical the ioncat prescrp
lions. Much, however, as the rig.t Of pstrouag,
ought to be eubnittsd TO the ecclesls st;cL judge,
We have consented that the questions OF simple lay
patronage &c subnite to the civu tribunals We hsve
also granted in consideration Of the circumstances
Of the times that the lay tribunals take cgniz
OF cases purely civil concerning cerics and W. have
agreed to permit the cases of crimes AMI oil nces cam
nitted BY tnem and which all under the jurisdiction
same tribunals; but the Bishop ssa be immsdstsy 10.
formed Of all particulars respecting such matters and
oil the Difference which The clerical state exact shall be
observed.
A. the house of God should be houorei by all with
picos and respectful ZEAL all possible measures have
ty Of places of worship The religious Emperor aud King
himself will never permit that the Catholic church its
fth its liturgy and its holy Institutions be damaged or
disrespected Ia any maaner whether by word, wiring
or ac that the bishops and sacred ministers be pre-
vented from fulfilling their charge and their duy espe
ciay when they have defend faith and morals and to
maintain ecclesiastical Discipline Besides he will lend
his powerful assistance 10 the execution OF the scnteu
pronor need by the bsaop against the cecs and
gard with soliciuce the honor to the sacred nnis
{ers not cny will he not permit nythog their pre-
iudice but still MORE he will direct ali the magistrates
Of his empire to render to the arcabshops the bishops
and the clergy the honor due to them
Among the other points agreed upon, the Apostolic See
has guarded intact and invioa DE its right of crecng
diecesses and assigning TO them liuis when 1t
shall perceive their utility for the faithful and his I'm
periai and Royal Majesty in the exercise of she privilege
conceded TO him by the Holy See Of presenting and
naming bishops, viii take hereafter and before all the
advice Of the preates OF the ecclesiastical province.
The first digpity OF metropolitan church, archiepsco-
pal and episcopal shall be conferred by and by our
successors, unless IL belong TO private lay patronage,
IN which case the second will DC substitdted His m-
pcrtai Majesty shall continue nominate to the other
dsnites and canonical prebends with the exception,
however of those which belong TO The free Collation.
bishops and OF the right of patronage legtmstey ac-
CURED These caponical prebcnds shall be granted t
the priests who, invested with the qualifications required
by the canons, have Distinguished themselves in the
srcss o. the ssered ministry, in tho mansgenen' Of
cred sciences II has been also agreed h 1t IN the
poitAn and episcopal churches where canon peniten-
Al--r