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The king would not permit them to do so, nor would he allow the others who were nominated to accept their appointments from the Pope, and as a result in 1688 thirty-five of the French Sees had been left without bishops.

In this same year another incident occurred that rendered the relations between the Pope and Louis XIV. even more strained. The right of asylum possessed by various ambassadors at the papal court had become a very serious abuse. Formerly it was attached only to the residence of the ambassador, but in the course of time it was extended until it included the whole of the quarter in which the embassy was situated, with the result that it became impossible for the guardians of the peace to carry out their duties. For this reason the right of asylum was suppressed by the Pope. All the other nations submitted to such a reasonable restriction, but Louis XIV., anxious rather to provoke than to avoid a quarrel, refused to abandon the privilege. He sent as his ambassador to Rome (1687) the Marquis de Lavardin, who entered Rome at the head of a force of five hundred armed men, and whose conduct from first to last was so outrageous that Innocent XI. was obliged to excommunicate him, and to lay the Church of Saint Louis under interdict. Immediately Louis XIV. occupied Avignon and Venaissin, assembled an army in Southern France to be despatched against the Papal States, and ordered that an appeal to a future General Council should be prepared for presentation. Twenty-six of the bishops expressed their approval of this appeal, and so successful had been the dragooning of the university that nearly all the faculties adopted a similar attitude (1688).

For a time it seemed as if a schism involving the whole of the French Church was unavoidable, since neither Pope nor king seemed willing to give way. But Louis XIV. had no wish to become a second Henry VIII. The threatening condition of affairs in Europe made it impossible for him to despatch an army against Rome. At the same time the fear of civil disturbance in France in case he rejected completely the authority of the Pope, and the danger that such a step might involve for French interests abroad kept him from taking the final plunge. He recalled the obnoxious ambassador from Rome (1689), abandoned the right of asylum as attached to the quarter of the French embassy (1690), and restored Avignon and Venaissin to the Pope. Alexander VIII. demanded the withdrawal of the royal edict of March 1683 enjoining the public acceptance of the Gallican Articles. He required also a retraction from the clergy who had taken part in the Assembly, and issued a Bull denouncing the extension of the rights of the /Regalia/ and declaring the Gallican Articles null and void (1690). Louis XIV., finding that the public opinion of the Catholic world was against him, and that a reconciliation with the Papacy would be very helpful to him in carrying out his political schemes, opened friendly negotiations with Innocent XII. In the end an agreement was arrived at, whereby the clerics who had taken part in the Assembly of 1682, having expressed their regret to the Pope for their action, were appointed to the bishoprics for which they had been nominated; while the king informed the Pope (1693) that the decrees issued by him insisting on the acceptance of the Gallican Articles, would not be enforced.

But in spite of this royal assurance, Gallicanism had still a strong hold upon France. The younger men in the Sorbonne could be relied upon to support the Articles, and the influence of writers like John de Launoy (1603-1678) and of Dupin helped to spread Gallicanism among the clergy and laymen of the rising generation. Throughout the whole controversy Bossuet had shown himself too accommodating to the crown, though at the same time he was not unfriendly to the claims of the Holy See, nor inclined to favour such extreme measures as most of his episcopal colleagues. Acting on the request of the king he prepared a defence of the Gallican Articles, which was not published till long after his death. During the eighteenth century, when the crown and the Parliament of Paris interfered constantly in all religious questions, the bishops and clergy of France had good reason to regret their defence of the so-called Gallican Liberties. The Concordat concluded by Napoleon with Pius VII. and the action taken by the Pope with the approval of Napoleon for the carrying out of the Concordat dealt a staggering blow to Gallicanism, despite the attempt made to revive it by the Organic Articles. The great body of the bishops of the nineteenth century had little sympathy with Gallican principles, which disappeared entirely after the definition of Papal Infallibility at the Vatican Council.
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[1] De Mouy, /L'ambassade du duc de Crequi/, 2 vols., 1893.


(b) Febronianism and Josephism.

Febronius, /De statu ecclesiae deque legitima potestate Romani
Pontificis/, etc., 1762. Idem, /Commentarius in suam
retractationem/, etc., 1781. Kuentziger, /Febronius, et le
Febronianisme/, 1890. Werner, /Geschichte der Katholischen
Theologie in Deutschland/, 1866. /Codex iuris ecclessiastici
Josephini/, etc., 1788. Gendry, /Les debuts de Josephisme/ (/Revue
des Quest. hist./, 1894). /Receuil des actes concernant le voyage
du Pape Pie VI. a Vienne/, 1782. Stigloher, /Die errichtung der
papstlichen Nuntiatur und der Emser Kongress/, 1867. Munch,
/Geschichte des Emser Kongresses/, 1840. De Potter, /Vie de
Scipion de Ricci/, 1825.

The spirit of opposition to the Holy See soon spread from France to the various states of the Holy Roman Empire. The violent onslaughts of the Reformers and the imminent danger of heresy had driven the Catholics of Germany to cling more closely to the Holy See, and had helped to extinguish the anti-Roman feeling, that had been so strong in the early years of the sixteenth century. But once the religious wars had ended without a decisive victory for either party, and once the theory of imperial neutrality had been sanctioned formally by the Peace of Westphalia (1648), the Catholic rulers of Germany, not excluding even the spiritual princes, showed more anxiety to increase their own power than to safeguard the interests of their religion. The example of the Protestant states, where the rulers were supreme in religious as in temporal affairs, could not fail to encourage Catholic sovereigns to assert for themselves greater authority over the Church in their own territories, in utter disregard of the rights of the Pope and of the constitution of the Church. Frequently during the reigns of Leopold I. (1657-1705), of Joseph I. (1705-11), and of Charles VI. (1711-40) the interference of the civil power in ecclesiastical affairs had given just cause for complaint. But it was only during the reign of Francis I. (1745-65), and more especially of Joseph II. (1765-90), that the full results of the Jansenist, Gallican, and Liberal Catholic teaching made themselves felt in the empire as a whole, and in the various states of which the empire was composed.

The most learned exponent of Gallican views on the German side of the Rhine was John Nicholas von Hontheim (1701-90), who was himself a student of Van Espen (1646-1728), the well-known Gallican and Jansenist professor of canon law in the University of Louvain. On the return of von Hontheim to his native city of Trier he was entrusted with various important offices by the Prince-bishop of Trier, by whose advice he was appointed assistant-bishop of that See (1740). He was a man of great ability, well versed especially in ecclesiastical and local history, and a close student of the writings of the Gallicans (Richer, Dupin, Thomassin, and Van Espen). At the time the hope of a reunion between the Lutherans and the Catholics in Germany was not abandoned completely. It seemed to von Hontheim that by lessening the power of the Papacy, which was regarded by the Protestants as the greatest obstacle to reconciliation, Gallicanism provided the basis for a good reunion programme, that was likely to be acceptable to moderate men of both parties in Germany. With the object therefore of promoting the cause of reunion he set himself to compose his remarkable book, /De Statu Ecclesiae et de Legitima Potestate Romani Pontificis/, published in 1762 under the assumed name of Justinus Febronius.

According to Febronius Christ entrusted the power of the keys not to the Pope nor to the hierarchy, but to the whole body of the faithful, who in turn handed over the duty of administration to the Pope and the hierarchy. All bishops according to him were equal, and all were independent of the government of their own dioceses, though at the same time, for the purpose of preserving unity, a primacy of honour should be accorded to the successor of Saint Peter. But this primacy was not necessarily the special prerogative of the Roman See; it could be separated from that Church and transferred to another diocese. In the early ages of Christianity the Roman bishops never claimed the power wielded by their successors in later times. These pretensions to supreme jurisdiction were founded upon the false decretals of Isidore and other forgeries, and constituted a corruption that should not be tolerated any longer in the Church. In reality the Pope was only the first among equals, empowered no doubt to carry on the administration of the Church, but incapable of making laws or irreformable decrees on faith or morals. He was subject to a General Council which alone enjoyed the prerogative of infallibility. Febronius called upon the Pope to abandon his untenable demands, and to be content with the position held by his predecessors in the early centuries. If he refused to do so spontaneously he should be forced to give up his usurpations, and if necessary the bishops should call upon the civil rulers to assist them in their struggle. As a means of restoring the Papacy to its rightful position, Febronius recommended the convocation of national synods and of a General Council, the proper instruction of priests and people, the judicious use of the Royal /Placet/ on papal announcements, the enforcement of the /Appelatio ab Abusu/ against papal and episcopal aggression, and, as a last resort, the refusal of obedience.

The book was in such complete accord with the absolutist tendencies of the age that it was received with applause by the civil rulers, and by the court canonists, theologians, and lawyers, who saw in it the realisation of their own dreams of a state Church subservient to the civil ruler. The book was, however, condemned by Clement XIII. (1764), who exhorted the German bishops to take vigorous measures against such dangerous theories. Many of the bishops were indifferent; others of them were favourable to von Hontheim's views; but the majority suppressed the book in their dioceses. Several treatises were published in reply to Febronius, the most notable of which were those form the pen of Ballerini and Zaccaria. New editions of the work of Febronius were called for, and translations of the whole or part of it appeared in German, Italian, French, Spanish, and Portuguese. It was received with great favour in Austria, where the principles of Febronius were adopted by most of the leading court canonists. At a meeting held in Coblenz (1769) the three Prince-bishops of Mainz, Trier, and Cologne presented a catalogue of complaints (/Gravamina/) against the Roman Curia, many of which were extracted from or based upon the work of Hontheim.
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