even such as it has been explained, while a conduct so different is observed not only to catholic sovereigns, to those even whose dominions are of the smallest extent, but also to princes who do not belong to our communion? Was it not to be feared, that if we had declined adopting the measure already mentioned, the government would not only lay aside all intention of granting emaneipation to the catholics, but withdraw from them all favour and protection throughout the whole of its so widely extended dominions.
Moreover an additional motive of jealousy must arise in the mind of government towards us and the catholic cause from this circumstance, that the bishops subject to its dominion, being rendered by the emancipation, supposing it granted, qualified to sit in parliament, new precautions might appear necessary to remove all possibility of doubt concerning their loyalty.. We grant, indeed, that no additional pledge of that loyalty can appear necessary to us, proved as it is by the testimony of the experience of so many ages, and the bishops binding themselves to fidelity and obedience towards the government, by the obligation of an oath, according to the second of the three forms which we have proposed; but how is it to be expected that the government will consent to relinquish this additional security for the loyalty of the bishops, which in the case of so many other sovereigns and governments is fully allowed? How can it be imagined that the British government will not conceive itself unfairly treated, by the refusal of this additional security; or that it will not derive from it a motive of doubting the loyalty of the catholics, which unprincipled men are constantly labouring to bring under suspicion? Who can believe that the refusal of even such a return as this for the mighty benefit of emancipation, must not excite deep resentment in the
For the prevention, therefore, of those evils which were to be apprehended on the part of so powerful a government, no other means appeared to us sufficient, but that of agreeing to those rules relative to the elec- tion of bishops, which are mentioned in the letter of cardinal Litta.
Now, with regard to the power which we have ex- pressed an intention of granting, we consider it not only as making part of a fit and wise arrangement of ecclesiastical affairs, which shall be at once not inju- rious to religion, and a means of averting from it many calamities otherwise to be feared, but also as a likely motive towards the obtainment of emancipation, which has been a principal inducement with us to concede it; desireable as that emancipation is to the catholics, and attended, as it must be, with a large share of spiritual advantages. Turn your thoughts, venerable brothers, to this, and consider it with particular attention, that we, in granting to government the indulgence so often spoken of, have been influenced by no political or tem- poral motives, but induced solely by a consideration of those benefits and advantages which must flow to the catholic religion from the repeal of the penal laws. For under the operation of those laws, whose severity is to be considered as not falling short of any, even the most grievous of the persecutions, recorded in the annals of the church-what afflictions, what oppressions, was not the catholic religion subject to in your islands? For in Great Britain, as you need not be told, the catholics are reduced to an inconsiderable number, while the succes- sion of the catholic bishops is in a manner destroyed, a few vicars-apostolic alone remaining; but in Ireland, although the legitimate succession of the hierarchy has been preserved inviolate down to the present day; and although the Irish catholics have been ever eminent for a most zealous attachment to our holy religion, yet their
number has been unquestionably diminished by the ope- ration of the penal laws, as a multitude of Irish writers abundantly testify.
That the miserable condition of the catholics in both islands has been greatly relieved by the clemency of George the third, and the repeal in parliament of many of the laws by which they were grievously oppressed, we grant and acknowledge: still, as you well know, many yet remain unrepealed, which press heavily on the catholics of Ireland, and still more on those of England; and from which the evils resulting to the catholic reli- gion, under their operation must, to a certain degree, at least, continue to flow. For which reason the catholics of England, almost all, and of Ireland, at least a great number, entertain a most earnest desire of the total repeal of those laws; and have, as is known to all, repeatedly petitioned for such repeal, in the same manner as, the early ages of the church, the Christians, making use of St. Justin and the other apologists to explain their wishes, besought the abrogation of the laws enacted against them, which gave rise to the dreadful persecu- tions which took place in the Roman empire. It may be allowed to hope, that the day is not far distant, when a law corresponding with the wishes of the catholics shall be enacted, which, however, be their right to the obtainment of emancipation what it may, never, cer- tainly, will pass, without our previously granting the privilege in question.
The weight of those reasons, which we have long and duly, in proportion to their high importance, con- sidered, has induced us, after first hearing the council of several of our venerable brothers, cardinals of the holy Roman church, and examining the opinion of other men, eminent for learning and a knowledge of British affairs, to propose the temperament, so fully explained to you, for the settlement of this matter. We saw,
indeed, that an infringement, to a certain degree, was thereby made in the discipline of the church, which claims for the Roman pontiff a complete independence in the election of bishops. But with regard to discipline, who is ignorant that changes may, by the legitimate authority, be made, in compliance with the circumstances of things and times? And this is a principle which our predecessors have uniformly maintained: as an in- stance of which, a noble maxim of St. Leo the great, particularly occurs to us, as expressed in a letter to Rusticus, bishop of Narbonne * :-" As there are cer- tain things which can on no account be altered, so are there many which from a due consideration of times, or from the necessity of things, it may be right to modify." We had also before our eyes the rule laid down by our predecessor, Innocent the third, who says, "It is not to be considered blameable if, in consequence of a change of times, a change of human laws be effected, especially when an urgent necessity, or an evident utility calls for such change." Now, what more powerful rea- sons, what more momentous circumstances could ever be supposed to exist, than those by which we felt our- selves affected, and which we have not hesitated thus to lay before you? Since, therefore, the privilege offered by us is in itself harmless, and consistent also with all the rules of prudence; since from our refusal of it, heavy calamities, and from our grant of it, the greatest advan- tages must result to the church (understanding by those advantages the emancipation of the catholics and the restoration in the kingdom of Great Britain, of liberty in all things pertaining to religion), why should we hesitate? What motive could have retarded us from openly declaring our wish to grant the privilege in question, or from relaxing somewhat from the strictness * Ep. 167. Edit. Balerin.
+ Cap. non debet 3. de consang. et affinit.
of ecclesiastical discipline? We unquestionably judged that we were bound to act on this principle, and saw ourselves placed in such a situation, that we might justly adopt the expressions of our predecessor, Gelasius * : "We are compelled, by the inevitable dispensation of things, and by a due regard to the maxims of govern- ment adopted by the apostolical see, so to weigh the enactment of former canons, so to interpret the decrees of preceding pontiffs, our predecessors, as employing all due and diligent consideration, to regulate as well as may be, all those things which the necessity of the present times may require to be relaxed for the restoration of the churches."
We, therefore, venerable brothers, entertain no doubt that you all, having considered and duly weighed what we have thus set before you, will acknowledge the measure adopted by us to be most just, and will, in all respects, conform yourselves to it. Let your hearts glow with that zeal for religion with which those truly apostolical men were inflamed, who laboured, with so much solicitude, to recal the Irish nation from the erroneous celebration of Easter, as practised by them in the sixth and seventh ages of the church, and at length, by much labour and many cares, succeeded in establishing in your island, the time of celebration so strenuously vindicated by our predecessors, Honorius the first, and John the fourth. Now, if you shall show your- selves desirous to set an example of docility to others, and, as your wisdom so powerfully enables you, to in- struct the people, and allay the rising emotions of their minds; we are fully persuaded that the benefit of emancipation being once granted, the long and stormy periods, during which religion has suffered a persecu- tion so tedious and so severe, will be followed by days of peace, replete with tranquillity and all other bless * In Epist. ad Episcopus Lucanio.
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