The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-26

1
from the unity Of the Church, ana shas consequently
he Of his accord subjects nimse 10 the penalties
established by law" Isl qu, &C nobis dehnsu
ftcri qYod deus arcrtat presumpsernt corde sntpe.
aopytnh aeporro sciant rropvio Jsdselo eondsm'
natos; nanagum Hden passos et db u'itafe
eccesia dtecse proptered cto tpso $40 seiae pants
jnre aatus sutjcere quod corde sentiunt revto ant
scrpto vel alto quop,s ererno modo s07ifcare anss
| Juerint)
ask whether the executoncr, with decree wordod
| In this way. hang criminal decapitate him
Surely no must insist upop judgment that declares
~ guilty Of murder, and ON that account, by
name, condemned death. he must above oil, cause
the sentence 10 BE- legally announced - the tpdivi-
dual condemued Tor, without this Formally, capital
punishment could not taks place II the exocntoner
proceed the execution without reading the sen
tence TO the person condemned he renders himself
liable to be indicted for murder. Would Gregory XVl
the predecessor Plus TX have accepted Inc BUN in
ea0ils dosmattc constitution This we question.
4 DEFINITION
have already iAtormcd you that some years before
hts elevation The Poptincal throne. Gregory XVI
published portant work. entitled "frionfo della
Santa sede" (.sThs Triumph Of tho Holy Sse'p.
Another edition came In Venice aitcr the Pores
election. la sgnazing tine characteristic marks OF
dogma,ic constitutions Gregory speaks as foliows:-
QlblaCtiOu
the reasoning OF The theologian depends tho will
OF the Pope rather than on the nature and
quality OF the object under consideration;
as, moreover, tho. constant practice Of tho
Church and sovereign pontis consecrates certain
formulas, 10 express 70 Chr,stsndoin. beyond all
cayi, supreme and ceiAitivc judgment and also the
punishmruts following disobedience, II follows that
Pope nsgects these formulas aud docs not clearly
express that Notwithstanding this omission no In
tends and wishes to define supreme judge In mat
faith, then are behave that hs has not
rendered judgment that capacity for he Is obliged
TO adapt himself the Intelligence OF all The prin
Opal lhese iormalitiss consists In qualifying
herstical The doctrine copdemniDg or Illuminating
an ana,hemas against any one protesting hereafter
the opposite docrsnsn II the Popss jsdgms does
coDlain this doctrine or equivalent expression in
that doctrine cannot be looked upon az de-
nnitive. IL cannot DO admitted that she Pope IN
tended TO make use OF his primary authority IN .
judgment formu In this manner.
PorEs MUST DECIDE BEFoRE The ''wuoLE" cHvRcH
The bali Ine6abitis does. net eontsin the word
nheretic" the word s'anathema." Do we End any
equivalent expression az required by Gregory XVII
mentioned the formula sboye and asked self the
question, whether q culprit could bs punished to
whom the Court would say, "You are con-
denied BY your own Judgment; you arc ship
wrecked; you nave 6roken with society; You
are amenable TO punishment" such Ian
guags may do Tor the Attorney General and for she
Clerk or inc Court II 10 not the reading ef death
sentence. Gregory XVI. says that the question de-
fined should belong to faith. 'sTbe question den0ed'
says tho learned Pops, 'mnst belong 10 fath.n Now
before the advent Of Plus TX the doctrine relative to
the conception Of tho Virgin point irss 70 be-
jieys MOI. A dogmatc. constitution must be de-
ciarcd TO tho Church Tho Pope must speak directly
aoL .xx,x> n
Church, Here are the verbs OF Gregory XVI,
"rhe Pope Is the head Of the entire Cpurch, and
faith interests the whole Church. When the
Pope, therefore. speaks head, ne should notify his
decision 10 tho Church, he ought, therefore, to
speak directly to the Church and announce his de-
cis,on l. decree not treating Of matter Of fs'th
Q decree about which there some doubt.
g. decree rendered without formal intent TO bind
conscience 4 decree wanting IN the due iormali-
tieR 5. A decree confined TO theological reasoning
only or 10 incidental propositions, instead Of taking
Immediate hold OF the object u the deanition-aI
such dennitions be CLASSIFIED among dogmatic
definitions catedra-that requires giving out In the
| faiases Of pontinsai authority"
now LAWS ARE ESTABLISHED. s
Immediate notification 10 tho entire Church Is i'm.
psssibe without legal PRONUNCIATION, which, repeat,
has the effect ~ sspy Of the bull, properly
| authenticated, had been delivered A. the abode VI
| svery member OF Chnstsndom ~ the pablsc oflcer
The Church, repeat more, knows onIyswo ways
| OF promuig -procamatoa in the public sessions
OF councils; posting tho doors OF churches The
bull Inefabihs Vas promulgated neither one way
| nor Inc othsr. Does u exs; law
| Jursconsui,s teach that laws established by
promul yat,on-Legss eonssswsst1r sSw promstgantsr
tGratians Code, Canon In isfis distinctly ST. Thomas
Aqunas says that promulgatiop necessary 10 give
weight % law--Iro&mtgatio neeessarsa sa, Vt lea
| hateat suam vwisusm q 2, ~. 20. ART ~
The power Of Leo Kill is the same that Of b 10
prsdscsssoss The Pope can, therefore, clear up thc
Misunderstanding under VIII vh she religious worla Is
| laboring The bull OF Paul " the controversy de
auxliits 10 null and void legally
pronnisA.sd. II Leo xliL zoos mol want formally 10
express like declaration regard to The constitution
IneGabiis OF Plus TX ne allow tneologians ami
jsr,seonssiss frankly 10 express theT opinion.
NOT STUMBLING BLOCK.
| Al the opening OF tho Vatican Council, IN 1868,
Dr. Pussy The noad Of the rsssyits Church. rsedissd
the treatise TurrscrAma,s, gu tho conception the
VIRGIN. and In tho preface declared that tho bull
In<0sbiis, Of December q. 1854 stumbling block
| 10, Angucsns desiring TO return 10 the Catholic
| Church; moreover, tnat the return movement
|. was considerably intsrisrcd with ~ the pub
| LEGATION Of this bull. Pusey begged the fathers
OF the Council TO give explanations that would
| ia some measure remove the obstacle On the one
| baud Pusey did bot know that the bpi Inefatihs,
| never having been promulgated, could form real
obstacle, and The other hand, IN his great simpc-
| NY, he did ioreses that another dogma would
soon DO proclaimcd-viz the iniability OF the Pope
An Arr ILLUSTRATION.
Take this hyposnssis suppose that the Prosidsns
Of the United has the right by The constitution
add the already existing conssituto al
laws Of the Republic; tnsn suppose the President,
using his right, makes now Law, but Ny some incon-
coivabc oversight iorgots neglccts 70 promulgale
this mes act Of his by Of the code oil laws In
sucn caso ask whclncr, when the error comes TO be
discovered tho people will thnk themselves bound 10
MAINTAIN AZ a constitutional act Of the Republic the
| new act OF the Prssdenty ROMAN PBELATE
THE CARDINALS RECEPTION.