The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-10

+
The Coancu OF Trent avoided any such mistake IN
that body we And . number otcanonsts ana eniGht-
iished briefs concerning rules to DO followed BY the
Council OF Trent For instance, bishops who were ao
sent could not be and vote by proxy there
also a brief concerning the rank or priority
Of seat in the Council These briefs were communI
Gated 10 tho bishops IN general congregations but ~
II well known ~ that timo that general consre.
CATION is not tho proper place nor the proper loyal
means Tor onicisl pronunciation care was taken a.
mitigate the above mon oned briefs.
AMBASSADORS CREDENTIALS.
IKE method was adopted In regard 70 ane ere 81
the different goverD<hens werc socmniy received IN
1rst general congregation that assembled alter
was duly made In presence OF tho Council Thence
forth they admitted the general
ana assisted NJ them. This, however, did not ohcally
accrsdit the ambassadors TO the Council but at the
frat public due proclamation was made from
the pulpit Of the letters OF the AMBASSADORS mus siv
ing these the prominence - 10 all ether official
documents.
IRnEGuLAR rRocEEDKcs-wASr OF DUE yoRaALlrr.
The Council OF the Vatican In 1870 did not show the
farsightedness Of the ilustrous body assembled AZ
Trent. Tho brief relating 10 the ruling Of the Council
rrcratons. aud not Otherwise We hav e Two unexcep-
tionabe proofs Of this fac-hrst, the aliocuti0n Of
PINS TX to the bishops In the prosynodai meeting Oh
December 2, $780, second, the advice (orntdtto1 OF
the Secretary OF the Council gwen TO The bishops on
the 6,h OF The same monih. 1t signifies expressly
bishops in the o-synodal meeting Of tho I'd OF Do
ceDbef, Ja9td breps Apos0iic dtei 2: NoUens-
gregat,one prdsynodati distribMtum est The TACT is
there lore clearly established In The lrst pubic
session. held December s. 1869, tho bull OF tho con-
vocation OF the Council was indeed published,
but unfortunately one ever thought OF the nocss-
si,y OF legally promulganug the Pontluca brief pro-
.scrbing The rule 10 be folio wcd by tho Council; and
yet this brief the pivot which turned all the
operations OF this ccumcnical assembly. The brief
forbddinc the Vatican tounci continue labors
during the interregnum is III a similar condition, Tor
The directors OF the Councii forgot 10 publish IT. From
this follows that THESE Two briefs lacking that or.
no tar nnU ron IN UA n
CURED legal and official Importance. Although do
not wish to insist on tho legal consequences OF this
fact Yet 1t may be useful to add a word.
LAwYER-LIKE COMPARISON.
Lot us suppose that a civil court gives judgment
authorizing creditor 70 seize me properly Of
court comprehensive Is all r,ght--tho Judgment,
however, is not properly served BY deputy OF the
court Is not made known and promulgated in legal
form. Ii the property IS seized under such jude-
mont which was never properly served, will the seiz
ure DO valid? Evidently moi. IL makes no difference
written communication OF the judgment condemning
him: such private notification cannot take the place
OF service Of judgment by Tho courts Qtaocr.
BISHOPS QUIETLY IGNORED AT THE VATICAN.
This is precisely what took place at the Vatican
Council Tue rule mado by Plus TX. interiered in
more til an one way with tho freedom OF The bishops
Tho sgMn, The exclusion OF theologans, the method
OF argument, the formation OF committees and any
amount OF restrictions expressed IN The rule in ques
tlon-a these are Innovations, proceedings unk
in the oldcn and TO any councils that have been
held up to our day. The bishops cried out IN vain
against this embarrassing state OF things. II
was OF no use. A supplementary rule uggravat-
ing the ps was the BISHOPS
assembled tho Vatican Council was therefore
sequestratcd by judgment not legally served. The
judgment the .brici-tmp0sing the rule. Now
this brei not having Deen promulgated according TO
law, Is the identical condition OF decision Of
CONCLUSION holds good Tor tho briei snspending The
sttings OF the Council In OF intcrregnum,
preventing the fathers from proceeding 70 the election
oil the Pope's successor.
A COUNCIL NAY CONTINUE WITHOUT THE ropE
Before the publication OF This briet the Council
at liberty It's labors In tho Of
the Pope's death. In reality no Council over post
poncd its sittings on account OF the death oil the
Roman Ponun The sixth General Council Is strk-
Constantinope. Pope ST. Agatha dicd, and notwith.
standing this the Council continued It's sessions,
though the interrcgnum lasted nearly ten months,
and the last Sessions held under Leo H.,
Agalhos successor The Council OF Constance lasted
,oar 'u Year sars was
and the doubtful existence OF the real Pope virtually
implies Vacancy. The election Of Martin took place
toward the end Of the Council Tho principal deIni.
al the Council Of Constance, and chiefly In rela
ton tho errors OF Huss ana Wycine, were gveu
out during tho interregnum julius ii. died during
tho MIN Council OF Lalcran. No one lima gined the
Popc's death sufficient Council,
wnicn might have continued IT'S 8. ssions. whcn,
therefore, the Vatican Council began, IN Decembsr,
1869, the Dishops assembled conciHGrrfer could,
corning 10 ali traditional ruIes, continue ther la
bors, even the Of the Popo's death--aI any
rate law stood In the way formally opposing this
freedom Of action. In case the election oil Pope
settle the matter. There was no law extant pro-
venting the legally convokcd Council from ressrvug
70 itsol the right Of eiecting new Pope.
BULL or PAUL Ill ON THE SUCCESSION.
Paul Ill issued bull rcscrving TO The Cardinals the
choice o his successor Ia case nc Gied al Rome or In
ANY ohor city even In the nsignborhood OF front The
~ College u Cssuiaals and ~ Council % sn Tor
schism possibly might occur 10 case the couscii and
the cardinals undertook separately to elect
Paul ILL, however, made no ruling la he
died at Trent or while presiding the Council,
he intended 10 do in person. IL 10 not therefore, true
TO say That absolutely and under every possi-
bic supposilon the bull OF Paul Ill deprives
election Of Pope. Even supposlng that every
possible feature OF tails the tnterdlcL
the ball OF tho Pope simply refers TO Trent Is merely
circumstantia In It's tone, and not supposed TO take
In all future time Tnc bull OF Paul Ill does not say
that general councils may never participate the
election oil tue Roman fontn; that they may not,
choice OF new pope; that they may not change tho
modc Of election or furnish Instruction that subject
TO the cardinals. The conclusion Ii the
preceding case
Plus ADVOCATES THE LAW or ELEcrioS Br GEN
KkAL COUNCIL.
When the Vatican Council met in 1869 IL enjoyed
the privilege OF intervening IN the election Of new
Pope This privilege was useful In many respecls in
case Of conhict Of authority or scnism IL was a
thing necessary, Tor the supreme authority vi an
ccumenicai council Is the only means OF establish
grants v general councils, Plus TX saw at 10 revoke
aud entirely destroy. He issued the brief already
mentioned. THIS bret Is a judgment, a Law, DO
authentic mannerY Was the judgmept served ac-
cording TO legal forms? IL was not even thougnt
ot rne document was rajudicaliy CON unicst ed
TO the bishops-nothing more. Inc pontihcai brief
was not posted on the basiicas published Ia the
sessions OF the Council OF what legal value, there
oro, can this brief bes The answer flows logically
from the principles havc 30 far laid down.
TEACHING OF HISTORY
Leo MIL must know that tho fato OF councils
varies, aud that the rank they occupy depends a
good deal oh the importance postcrity attaches to
tncm. togstner win the value gwen them by ortho-
dox jurisconsults recognized as authority on. the
question.
EcUMENICAL COUNCILS AND PosrBRfrY.
More than once popes have intended TO hold coun.
cils, really 10 ali intcuts general postery however
does not look upon some such councils rs ccumeni-
cal Religious annals prove this. Hero are q few
oxampIcs:--
TEN COUNCILS NOT AS gcUxExIcAL
F'rs-Tho Council OF Sardica, IN 343, convokcd by
the Holy Sec aud presided over bye the Pontilca
legntss seems TO have all the necessary condtivns oil
q general council; theoiogians, however, agree Ia
exclude " from the list
Second--Ths second Gencrni Council and FIRST held
~ Constantinopls In ISL, united the patrarcbs and
bishops OF tno East. Inc lcgates OF The holy bee
did not assist. neither did any Western bishop,
with the exception OF the Bishop Of Thessalonica.