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


far IN advance OF political civil On this
account Inc dogmatic disciplinary constitutions Of
the holy See contain this special clause-vz., that
having been published and pes,sd the doors OF the
Roman basllicas and In the Campus Flora lin acie
Campi FlorGl, they shall reach and bind every indi-
vdua OF the Catholic faith. just as II they had been
slguined 10 each individual member in person This
Is the mmuiabe style OF the Pontncai Chancery. IL
s In keeping with the settled principles OF jurspru
deucc and natural equity. Although The popes always
signined that their meaning. their WILL that pub
location made At Rome accordias to tho forms whisn
l have just related, was enough TO make tho
law binding shroaghoat the Catholic world,
yet theologiaps and canonists ask whether
Independent OF Roman posting publication De neecs-
sary In the provinces On this question there is
division OF opinion, but every one agrees that every
dogmatie disciplinary law Of The Holy Sec ought
least according to the usual ofciai forms, TO DO
published Rome. Ne ono was ever foolish enough
10 sustain that law could become binding without
being promulgated.
PUBLICATION TRg EssEscE or Law.
PRONUNCIATION Is the essence Of lava In regard 70
dogmatic Constitutions and Of the courts prom
ulgaton is essential In tho case OF the Court
OF Ass,zcs. where II Is OF absolute necessity that
the decisions Of tho Court lnnicsing capital
punishment be made known TO the Gull
prit condemned 10 death. Every pontncai
act. therefore, no. legally promulgated; that rs, not
posted In tho Campus Flora and the doors OF the
basiitGas Of Rome, the only mcshod OF PRONUNCIATION
known 10 the Church (outsidc the public sessions OF
councsj-this pontifcai act, say, cannot DO consd
cred general law and binding all tho faithful; II does
not deserve to rank among dogmatic constitutions.
Examine the dogmaiic aea Of the Roman Buarum
and the legal PRONUNCIATION OF these acts will all be
astested Not only DOCS the dogmatic constitution
nr1.. lire aof
the bascas Is equivalent TO the notification 10 be
given each individual among tho faithful, besides
this tho dogmntc constitution Ii iortned with the
declaration OF the "Mag,ster Cursorum," attesting
that such day. and such an hour, the Pontncai
legally Published and postal The doors Of
the bas,lcas.
All the pont,fcal constitutions concerning doctrine
have been promulgated In Roma according tho said
forms. Enough 70 mention the bniIs OF 81. Plus ".
OF Gregory Kill ana OF Urban VIII concorning tho
doctrines Of Bxius the bulls OF lnnocent X OF Alex
Pndsr VII, Of Clement TX, ot Alexander WILL and Of
Clement XII. against Jansenism. Finally, Tho dog
matte constitution Auctorrm ast Of Plus W.. which
dealt the last blow 70 Janssnsm Is furnished like all
the others with the declaration Of tho Magiser Cur
sorum, without whioh the Ponunoal ,aw would have
10 binding character.
THE DoGMATic CONSTITUTION OF PAUL v.
Can you conceive that Formally so trlRing would
bold suspended the universal and rrerngabls author
ny Of supreme act OF tho holy Seer After ten years
study and careful examination PAuiv caused 10 DO
prepared dogu.atic constitution Intended TO end the
celebrated coptroyetsy De auriiis dirnG gratin Il
seems certain that the bun was drawn up and FULLY
prepared for promuigation Il Was aftssward pub.
lshcd II IL found In the history OF tho congregations
De auxiiiis why does II not bind in law? WHAT
docs u lscks Nothing unless Il be = little formal
ny-that H. posting the doors OF The basilicss by
the Pontincal husssr
What have just said applies 10 bulls, properly
called Dogmauc briefs subject 70 the essential
rormality OF PRONUNCIATION. Without this they could
legal binding weight she faithful, Tor 1t
Is impossible 70 impose judgment Of which no notice
has been given. On this account dogmaiic bries
posted doors Of tho basucas Of Rsms just the
same ~ bulls. ! can mentiop, ~ ~ example, tne
brlcf OF Innocent XL, relating to the errors OF
Nonos; the brief Of innocent KILL conserving Fene-
lon's book, entitled sExpanasaon OF tho Aaxims OF
the Saints" the brief OF Benedict XIV, rejecting
ave Propositions dueling, and commencing with
me word DstesfGbeM; more rccsntly. the Drisfs Of
Plus TX. concerning tho work Of Ncpomucen Nuyiz
aud that OF Gr4nd sigiiius, writer OF Lima. All
these briefs have undergone The formaaty Of legal
PRONUNCIATION No law can escape this essential rulo.
ISSUING DgcREKs.
Il IL % true that every degmasic sol, no matter
under wha. form rendered, rsqoires promdigstion,
that simple DEGREES, emanatng from Roman conzrs-
Cations are sxsd ths doors Of the basiiiOas
all the formahtes used the Of bull, and briefs
Thus tho Holy See promulgated o. posting the DIFF
icrsnt dscrses gvsa eut aidssent periods
ing the casuists. The decree, Tor instance. Of Clio.
ment VIII concerning confession by lctter, the two
DEGREES Of Alexander VII ssnsurng rash aud dan
eerous certain propositions OF the wiligatsd casuists
that Of lnnocent XII who singled out great num-
Der OF these msxims hualty, DEGREES OF the same
kind rendered by Alexander VIII and Innocsnt XII
All these DEGREES were promulgated order 10 make
them rank general laws Even 20 day The DEGREES
Of the Holy once and Of tbs Index, prohibiting bad
books, are promulgated at Rome with the for-
nalites. The DEGREES Of the Congregation OF Ritos
rotating 10 tho sanonzAton Of saints are promulgated
aud publicly posted IN Rome. Any ono visiting Rome
during these last years bear testimony 10 this
Under this form are included all general dssrsss
directly emanaiing from Roman congregations IL il
not necessary promuga.e Judgments arrived st in
particular cssss Duly authenticated. however they
are made known TO tho parties concerned.
rHK QUESTION NOT SETTLED.
Nov . decree, q Judgment 10 authenticated and
worthy OF bclei, in oro srferno or in oro externo,
whom Il bears the signature Of the Cardinal Project.
that Of the secretary aud the ocai ,hs con.
gregatioa. This, however NOT sullcicn 10 the case
OF general law for besides this the decree must be
onlciany promulgated. Caaccompanicd by this
iormshty the decree would not bind those
for whom Il was intended and Tor
tho masses would be null and void
Alter all have said IL must BE- easy 70 recognize
the absolute necessity OF PRONUNCIATION in regard 70
esaerai law Let these principles be sppned 70 shs
bull sneeablis concerning the conception Of the
Virgin, ana then judge whether the question 10
definitely settled and whether the Catholic world
had reason to rejs,cs tho occasion OF tho lorna.
ton OF q new dogma.
TArru AND JURISPRUDENCE.
A fundamental principle IN matters OF faith and
doctrne's that tho same severity should DO excr.
cscd In treating OF dogmatc quesions as is exercised
In criminal cases. dogmaiic judgment aecspiiates
reason and human intelligence so to speak, deprivins
a man OF tho freedom OF opinion ina,
belongs to him. rheologians on this account
require pfoccsainks MS exact proofs ne persnptory