Pope John the Twenty-second, ordered him to retract them in the following words: church, and particularly the University of Paris, the Milesium doctrines preached by Art. 1er. La religion Catholique, Apostolique, Romaine, será librement exercée en France. Son culte será public, en se conformant aux réglemens de police, que le Gouvernement jugerá necessaires pour la tranquillité publique. 2. Il será fait par le Saint Siege, de concert avec le Gouvernemente, une nouvelle circonscription des dioceses Français. 3. Sa Sainteté declarerá aux titulaires des evechés Français, qu'elle attend d'eux avec une ferme confiance pour le bien de la paix et de l'unité, tout espece de sacrifices meme celui de leurs sieges.-D'apres cette exhortation, s'ils se refusaient a ce sacrifice commandé par le bien de l'Eglise (refus neamoins auquel sa Sainteté ne s'attend pas), il sera pourvu, par de nouveaux titulaires, au gouvernement des evechés de la circonscription nouvelle, de la maniere suivante. 4. Le premier consul de la republique nommera dans les trois mois qui suivront la publication de la bulle de sa Sainteté aux archevechés et evechés de la circonscription nouvelle. Sa Sainteté conferera l'institution canonique suivant les formes etablies par raport a la France avant le changement le Gouvernement. 5. Les nominations aux evechés qui vaqueront dans la suite, seront egalement faites par le premier Consul: et l'institution canonique sera donnée par le Saint Siege, en conformité de l'article precedent. 6. Les eveques, avant d'entrer en fonctions, preteront directement, entre les mains du premier Consul, le serment de fidelitè, qui etait en usage avant le changement du Gouvernement, exprimé dans les termes suivants. Je jure' et promets a Dieu, sur les saints evangiles, de garder 'obeissance et fidelité au Gouvernement ' etabli par la Constitution de la Republi'que Française. Je promets aussi de ' n'avoir aucune intelligence, de n'entre⚫ tenir aucune ligue soit au de dans; soit au dehors, qui soit contraire a la tranquil⚫lité publique; et si dans mon diocese ou aillieurs, j'apprends qu'il se trame quelque chose au prejudice de l'etat, je le 'ferai savoir au Gouvernement.' 7. Les ecclesiastiques du second ordre prêteront le meme serment entre les mains des autorités civiles, designées par le Gouvernement. 8. La formule de priere suivante sera recitée a la fin de l'office divin, dans toutes les eglises catholiques de France. "Domine salvam fac Rempublicanı. 9. Les eveques feront une nouvelle circonscription des paroisses de leurs diocese, qui n'aura d'effet que d'apres le consentement du Gouvernement. 10. Les eveques nommeront aux cures. Leur choix ne pourra tomber, que sur des personnes agrées par le Gouvernement. 11. Les eveques pourront avoir un chapitre dans leur cathedral, et un seminario pour leur diocese, sans que le Gouvernement s'oblige a les doter. 12. Toutes les eglises metropolitaines, cathedrales, paroissiales, et autres non alienées necessaires au culte, seront mises a la disposition des eveques. 13, Sa Sainteté pour le bien de la paix, et l'heureux retablissement de la religion catholique, declare qui ni elle ni sea successeurs, ne troubleront en aucune maniere les acquereurs des biens ecclesiastiques, alienées, et qu'en consequence la proprieté de ces memes biens, les droits et revenus y attachés, demeureront incommutables entre leur mains, ou celles de leurs ayant-cause. 14. Le Gouvernement assurerá un traitement convenable aux eveques, et aux curés dont les dioceses et les curés seront compris dans la circonscription nouvelle. 15. Le Gouvernement prendra egalement des mesures pourque les catholiques Français puissent; s'ils le veulent, faire en faveur des eglises, des fondations. 16. Sa Sainteté reconnait dans le premier consul de la Republique Française les memes droits et prérogatives dont jouissait pres d'elle l'ancien Gouvernement. 17. Il est convenu entre les parties contractantes, que, dans le cas ou quelqu'un des successeurs du premier Consul actuel ne serait pas catholique, les droits et prerogatives mentionés dans l'article cidessus, et la nomination aux evechés, seront reglés, par rapport a lui, par une nouvelle convention. Les ratifications seront echangeés a Paris dans l'espace de quarante jours. Fait a Paris, le 26 Messidor, de l'an 9 de la Republique Française. "Retracte ou je te ferai ardre." This cated for having maintained those tenets; same pontiff was afterwards excommuni- which, of itself, would put an end to all nions of the Roman Catholic clergy, and the Roman Catholic universities abroad, on the existence and extent of the Pope's dispensing power. An ABSTRACT of these Answers of the -- propositions to be beyond all dispute :1. That God is the author of the sovereign power of the state in civil matters. 2. That the sovereign power of the state is, in civil matters, subordinate to God alone.-3. It follows, that this sovereign power is in no way, not even indirectly, subject to or dependent on any other power, though a spiritual power, or one instituted for eternal salvation.-4. It also follows, that no power whatsoever, whether of Cardinal, Pope, or of the whole Church assembled in general council, can deprive this sovereign power of the state of its temporal rights, possessions, government, jurisdiction, or pre-eminence; nor subject it to any reI. Has the Pope or Cardinals, or any lows, that no man, nor any assembly of straints or modifications.-5. It also folbody of men, or any individual of the men, nor even the whole Church assemChurch of Rome, any civil authority, bled in general council, can, on any power, jurisdiction, or pre-eminence what-pretence whatsoever, weaken the bond of soever within the realm of England? translated.* The Three Questions. II. Can the Pope or Cardinals, or any body of men, or any individual of the Church of Rome, absolve or dispense with his Majesty's subjects from their oath of allegiance, upon any pretext whatsoever ? III. Is there any principle in the tenets of the Catholic faith by which Catholics are justified in not keeping faith with Heretics, or other persons differing from them in religious opinions, in any transactions either of a public or private nature? EXTRACTS from the ANSWERS of the Faculty of Divinity of the University of LOUVAIN. The Faculty of Divinity of Louvain having been requested to give her opinion upon the questions above stated, does it with readiness; but is struck with astonishment that such questions should, at the end of the 18th century, be proposed to any learned body by inhabitants of a kingdom which glories in the talents and discernment of its natives. The Faculty being assembled for the above purpose, it is agreed, with the unanimous consent of all voices, to answer the first and second questions in the negative. The Faculty considers the following * Vide Appendix to Cuthell's Edition of the Debate upon the Catholic Petition 1805, where the Answers are introduced more at large. ple; still iess can they absolve or free the union between the sovereign and the peosubjects from their oath of allegiance.6. Therefore, as in the kingdom of England the sovereign power of the state stands well known; the Faculty of Divinity of upon the same foundation, and its nature is Louvain has no doubt to apply what has been said before, in its utmost extent, to the kingdom and sovereign power of England. Such is the doctrine which the Faculty Scriptures, the writings of the ancients, of Divinity has derived from the Holy and the records of the primitive church: -a doctrine that she will maintain with her last breath, and, with the help of God, impress upon the minds of her scholars. The Faculty of Louvain holds that the principles here laid down by her are not peculiar to her. She believes that there is no society of learned men, at the present day, in the whole Catholic world, who would not willingly subscribe them (according to the common expression) with both hands. Proceeding to the third question, the said Faculty (though astonished that such a question should be proposed to her) most there is not, and that there never has been, positively and unequivocally answers, that amongst Catholics, or in the doctrines of the church of Rome, any law or principle which makes it lawful for Catholics to Alfonso the Fifth of Portugal, after his conquest over the infidels in Africa, con questions of supremacy and infallibility. This happened in 1334. break their faith with heretics or others of a different persuasion, either in matters of a public or private nature. The Faculty declares the doctrine of Catholics to be: -That the divine and natural law, which makes it a duty to keep faith and promises, is the same, and that it is neither shaken nor diminished, whether those, with whom the engagement is made, hold erroneous opinions in matters of religion or not. The said Faculty strongly protests against the imputation, that the Catholic church has, at any time, held a contrary doctrine. This, she asserts, is a calumny, invented and enforced against Catholics by the worst of men, who knowing their charges against the latter to be destitute of truth, endeavour to make falshood supply its place, and thereby render them odious to princes and nations. In testimony of the above, we have caused this instrument, authenticated under the Seal of our University, to be signed by our beadle. J. B. DE MAZIERE, S. T. D. (L. S.) Beadle of the Sacred Faculty. Given at Louvain in an Extraordinary Assembly, Nov. 18, 1788. EXTRACTS from the ANSWERS of the Sacred Faculty of Divinity of the University of DOUAY, copied from the Register.—Jan. 5, 1789. At a Meeting of the Faculty of Divinity of the University of Douay, the Dean informed the members that the Catholics of England wished to have the opinions of the Faculty upon three Questions, the tenor of which is as follows:-I. Has the Pope, &c. &c. &c. above to the Pope or the Church, be freed from their obedience, or absolved from their oath of allegiance. This is the doctrine which the professors and doctors hold and teach in our schools: and this all the candidates for degrees in divinity maintain in their public theses. 1 To the third question the Sacred Faculty answers :-That there is no principle of the Catholic faith by which Catholics are justified in not keeping faith with Heretics, who differ from them in religious opinions. On the contrary, it is the unanimous doctrine of Catholics, that the respect due to the name of God, so called to witness, requires that the oath be inviolably kept to whomsoever it be pledged, whether Catholic, Heretic or Infidel. Decided on the day and in the year above named, and signed by order of the Most Learned Doctors, BACQ, Beadle and Scribe. EXTRACT from the ANSWERS of the Fa- Having seen and attentively considered the above written Questions, and the Answers of the Sacred Faculty of Divinity to them, the Faculties both of the Canon and the Civil Law declare:-That they, without hesitation or doubt, concurred in the aforesaid answers of the fifth instant. Subscribed, in virtue of our order, by our Scribe, this fifth of January 1789. SIMON, Scribe. [Here follow Certificates of the Magistrates of Douay, that the Sieur Bacq is Beadle of the Faculty of Canon and Civil Law in the said University.] EXTRACT from the ANSWER of the Faculty of Divinity of PARIS to the Queries proposed by the English Catholics. ANSWER TO THE FIRST QUESTION. These Questions having been privately considered by each professor of divinity, and afterwards having been attentively discussed at the public meeting :-To the first and second of them the Sacred Faculty answers: That no power whatsoever Neither" the Pope, nor the Cardinals nor was given by God, in civil or temporal any body of men, nor any other person of concerns, either to the Pope and Cardi- the Church of Rome, hath any civil authonals, or to the Church itself; and, conse- rity, power, jurisdiction, or pre-eminence quently, that kings and sovereigns are not, whatsoever, in any kingdom, and consein temporal concerns, subject, by the or- quently none in the kingdom of England, dinance of God, to any ecclesiastical by reason of any authority, power, jurispower whatsoever; neither can their sub-diction, or pre-eminence by divine authojects, by any authority granted from rity, interest in, or any other means, be ceiving the ecclesiastical jurisdiction to be | order of Christ; granting them the ecclevested in him, delegated part of it to the siastical jurisdiction over all their posses This doctrine the Sacred Faculty of Divinity of Paris has always held, and, upon every occasion, maintained, and has rigidly proscribed the contrary doctrine from her schools. Our Faculty devotes herself the more religiously to the defence of this doctrine, because she finds it perfectly consonant to the Word of God and the tradition of the Fathers. ANSWER TO THE SECOND QUESTION. Neither the Pope nor Cardinals, nor any body of men, nor any persons of the Church of Rome, can, by virtue of the keys, absolve or free the subjects of the King of England from their oath of allegiance." The present and the former question are so intimately connected, that the answer to the first immediately applies to the second. For what greater authority over a sovereign can be conceived, than the right of absolving and freeing subjects from their oath of allegiance to him? With what justice might it be said, That the kingdom of Christ is of this world, if the right of deciding upon and disposing of temporal kingdoms had been annexed to its authority, and conferred upon its ministers? ANSWER TO THE THIRD QUESTION. There is no The JUDGMENT of the University of ALCALA upon the three Questions. It is the opinion of the University, that none of the persons mentioned in the first question, either individually or collectively, or in any council assembled, have any right to civil authority. For the right of governing kingdoms, in civil concerns, as well as that of possession, was instituted before the Catholic Church was founded by Christ our Lord, the Author of that diwhich law he expressly declares he leaves vine law by which they are governed, by it untouched, saying: "My kingdom is 66 not of this world." The sense of these words is well explained by St. Augustine, Tract 115, in Joan. n. 2. Listen," says he, "ye Jews and Gentiles; hear this, all ye nations of the earth: I interfere not not seized with groundless fears," &c. with your dominion in this world. Be ANSWER TO THE SECOND QUESTION. Having considered the state of England and its sovereign, the University in like manner, is of opinion, that none of the persons mentioned in the proposition has a power to absolve the subjects of his Britannic Majesty from the oath of allegiance which they have taken, or are bound to faith, by which Catholics are justified intake, to his said Majesty, or to dispense with its obligations. not keeping faith with heretics, or those who differ from them in matters of religion." The tenet "That it is lawful to break faith with heretics," is so repugnant to common honesty and the opinions of Catholics, that there is nothing of which the advocates of the Catholic religion have complained more heavily than of the malice and calumny of their adversaries, in imputing this tenet to them. As it is rejected by Christians of every communion, and is repugnant to the fundamental principles, both of natural and revealed religion, we cannot think it incumbent on us to enter upon this subject, and we think it requires no discussion. Given at Paris, in the General Assembly of the Sorbonne, held the 11th day before the Calends of March 1789. LE CHEVALIER, Dean of the Sacred Faculty. ANSWER TO THE THIRD QUESTION. So persuaded is the University, that the doctrine, which would exempt Catholics from keeping faith with heretics, or other persons dissenting from them in religious matters, so far from being an article of the Catholic faith, is entirely repugnant to its tenets, that she could not have believed it possible there should exist any persons who would dare to impute to Catholics any thing so iniquitous, had she not learned, from the sacred Scriptures, that the same Pharisees, who had heard our Lord openly commanding to "Give to Cæsar the things that are Cæsar's," afterwards laid this very crime to his charge: "Ye have found this man perverting our nation, and forbidding to give tribute to Cæsar." But the devil, who moved their tongues to utter such falshoods, has never desisted from perverting others in like manner. sions beyond the seas; and which is in | First of France, when he reduced the duforce at this present time. Francis the chy of Milan, in 1520, appointed the ANSWER TO THE FIRST QUESTION. The University of Valladolid acknowJedges no civil authority, power, jurisdiction, or pre-eminence, in the Roman Pontiff, Cardinals, or even in a general council, much less in any individual, either directly or indirectly, within the kingdom of Great Britain, or in any other kingdom or province, whether Catholic or not, over which they possess no temporal dominion. ANSWER TO THE SECOND QUESTION. Neither the Roman Pontiff, nor the Cardinals, nor any council, nor even a general council, can any way absolve the subjects of the King of Great Britain, or any other persons, whether Catholics or not, over whom they hold no temporal dominion, from their oath of allegiance, nor dispense with its obligations. ANSWER TO THE THIRD QUESTION. Amongst the articles of the Catholic faith, there is none which teaches that Catholics may lawfully break their faith with heretics, or any other person whomsoever dissenting from them in matters of religion. The obligation of keeping faith is grounded on the natural law, which binds all men equally, without regard to their religious opinions; and with respect to Catholics, it has still greater force, being confirmed by the precepts of the Catholic religion. This is the decision of the University of Valladolid, signed by all and each of the professors, Feb. 17, 1789. A DETERMINATION of the University of SALAMANCA, relating to the Concerns of the English Catholics. All the Doctors and Professors being assembled, and the questions proposed to them having been for some time weighed, six members of the University, chosen out of the faculty of divinity and canon law, were appointed to draw up their Answers; which are as follows: ANSWER TO THE FIRST QUESTION. The same power, and no other, was given by Christ to Peter and his successors, the Bishops of Rome, and to the Universal Church, which to himself, as man, had been given by his Father: As the living Father sent me, I also send you. Now he invariably denied that he received any temporal power, by declaring that his kingdom is not of this world; by flying make him a king; by his answer to one away when certain persons who wished to who said to him, Master, speak to my brother to divide the inheritance with me; and by his commanding tribute to be paid to Cæsar. Therefore, since the rights of to Cæsar. Therefore, since the rights of cute or tolerate the Catholics, are founded the King of England, whether they perseon the same principles with those of all other sovereign princes under heaven, we are firmly of opinion, that neither the Roman Pontiff, nor the Cardinals, nor any council, nor any individual in the Catholic Church, by virtue of his communion with rity, power, jurisdiction, or pre-eminence the Catholic Church, has any civil autho in the kingdom of Great Britain. ANSWER TO THE SECOND QUESTION. The solution of this second question naturally arises from the principles laid down above.-We, therefore, without any hesitation, declare, that neither the Roman Pontiff, nor the Cardinals, nor any council, nor any individual of the Catholic Church, can absolve the subjects of his Britannic Majesty from their oath of allegiance, or dispense with its obligations. ANSWER TO THE THIRD QUESTION. The natural rights of men were not in. tended to be weakened by the law and doctrine of Christ, but to be confirmed by them. Now, nothing is more clearly engraved on the minds of men, by the law of nature, than the principle-that all men, however differing from each other in religious tenets, are, to every intent and purpose, in a state of equality with respect to negociations, alliances, and compacts. The Spaniards, who, in point of zeal for the Catholic faith, yield to no nation under heaven, have entered into contracts both commercial and relating to peace, with the English themselves, and with other Calvinist and Lutheran states; and it would be an atrocious injury and a vile |