Rome cannot admit the principle of international right in this case, without giving up one of her own principles, the Inquisition, according to whose laws foreigners can be arrested, imprisoned, and put to the question. No secular tribunal limits its power, and every Bishop therefore could in theory be brought before it. By papal law the Pope might at any moment have Cardinal Schwarzenberg arrested, and if the right has become inapplicable, that is due to the influence of foreign states and the modern spirit, whose restraints on the full exercise of Church authority it is the office of the Council to remove, as the Syllabus, Bull of Censures, _Schema de Ecclesia_, etc., prove. According to Roman canon law, freedom at the Council is inconceivable.

In a former letter I gave an inaccurate account of the Prince Bishop's conduct towards the priest Jentsch, at Liegnitz, being misled by statements in the Roman newspapers.(105) The text of the explanation accepted by the Bishop shows that no principle was conceded or denied, and he said himself that he agreed in substance with Jentsch.

The arrival of Father Hotzl in Rome seemed for a time likely to produce still more serious conflicts, for his affair looked as if it would oblige the minority to give expression to their view of Dollinger's teaching on the necessity of general consent for the c.u.menicity of a Council. Those who had undertaken the instruction of Hotzl cared less for converting him than for using the opportunity to provoke dissension among the minority.

He was told that an explanation, not a retractation, was all that was demanded of him, and when the explanation he offered was found unsatisfactory another was proposed to him on May 31. The crucial pa.s.sage in it was read and examined by leading bishops of the minority, whose names were calculated to inspire complete confidence. Hotzl had some cause to think he had saved honour and conscience, and responsibility to man and G.o.d, when he sought the judgment of liberal German Bishops and resolved to abide by it. But though they disliked the pa.s.sage, they thought it difficult to know how to save a man who had come to Rome in such childish confidence, and did not feel justified under the circ.u.mstances in urging him to go to extremities and sacrifice himself to their interests. It was not their place to drive him to a breach with his Order or a loss of personal liberty, at a time when they had not themselves publicly, solemnly and decisively repudiated the doctrine imposed on him. Still less did they want to compromise themselves or break up their harmony before the time. And their hesitation may have led Father Hotzl into his mistake; he was acting in concert with the minority when he signed.

I give only a brief preliminary notice of the most important points in to-day's sitting. After d.i.n.kel, who spoke very well, and Domenec, Bishop of Pittsburg, who was much interrupted, Maret made a longer speech, which he delivered in a very loud voice, as deaf persons are apt to do. In the course of it he declared that it would be called a vicious circle for the less to give power to the greater, as would be done if the Council, which was said to possess a lower authority, were to confer on the Pope-a higher authority-the prerogative of infallibility. Thereupon Bilio struck in very excitedly, crying out "Concilium nihil dat Papae nec dare potest, sed solummodo recognoscit, suffragia dat, et Sanctus Pater quod in Spiritu Sancto ipsi placet decidit."

In yesterday's sitting a _postulatum_ for the close of the general debate was prepared, which is said to have received 150 signatures. After Maret's speech it was at once produced and the close voted. Little more than 60 prelates have spoken, and above 40 were waiting their turn, amongst whom were Haynald and other considerable persons. The continuation of the debate had been reckoned upon and much was hoped from it; but now that the example has once been set of using the well-known clause in the order of business in the interests of one party, the step may be repeated in every succeeding debate. The Opposition will be driven into greater firmness by this occurrence, which they had foreshadowed in the half-threatening formula at the end of their great Protest. The question is now forced upon them, whether they were in earnest in what they then said.

FIFTY-THIRD LETTER.

_Rome, June 4, 1870._-The first impression made on the minority by the violent closing of the general debate led many of them, in discussing it directly after the sitting, to say they would take no further part in the debates. A great meeting was arranged for to-day at Cardinal Rauscher's to decide the question. It was the largest international gathering of the Opposition yet held, including nearly 80 Bishops, but was for that very reason difficult to manage. Two possible courses were discussed-to remain in Rome but take no further part in the debates, as not being free, and vote at the end _non placet_ against the infallibilist _Schema_, or simply to issue a protest against the injustice they had suffered, and continue to take part in the proceedings. The former view was supported princ.i.p.ally by the Hungarians, North Americans, the leading French Bishops, and men like Strossmayer, Simor, Haynald, Darboy, Dupanloup, Clifford, Conolly (represented by proxy), and others. They insisted that words were of no further avail, and they should show their sense of the want of freedom by acts, so that, as far as in them lay, no decree should be carried which had not been thoroughly discussed. In this way the c.u.menicity of the Council would be denied without coming as yet to a breach in Council or a disturbance in the Church; for they could no longer recognise the Council as legitimate, nor yet retire, for to retire would precipitate the most extravagant decisions and lead to an open conflict. There were many reasons why it could no longer be held legitimate, such as its composition, the order of business, the pressure exercised on the Bishops by the Pope personally or through his officials, the notorious design of getting dogmas promulgated by a majority, etc. It would be simply a degradation to give in any longer to such a farce. In Parliaments speeches were not altogether useless, for if they could not influence votes they enlightened public opinion, but at this so-called Council most of their hearers were quite incapable from their standard of cultivation of appreciating theological arguments, not to add that the moral standard of many among them was such that, even if they were convinced, they would not act on their convictions. And speeches, which were not made public, could produce no effect out of doors. To debate under these circ.u.mstances would only be to incur a large responsibility for the entire conduct of the Council. But if the Opposition refrained from discussion and left the field free to the majority, the differences among them would soon be made manifest. The _Curia_ could hardly hold out against so serious a demonstration, but if it remained obstinate, no further doubt would be possible in the Church as to the opinion of the minority about the Council.

On the other side it was urged that all which could be gained by such a demonstration would be gained equally by a declaration showing how the forcible closing of the general debate had undermined the foundations and future authority of the Council. They owed it to the world to do more than merely give reasons against the legitimacy of the Council; they must debate and bring forward the objections to the infallibilist doctrine itself, and thus give public testimony of their convictions. Most of the Germans took this view, which many French Bishops readily acceded to, when they observed that the Hungarian phalanx had been broken up. Perhaps other and more subordinate motives helped to establish this opinion, but many of its advocates are men of no decided resolution, and men who in reality want only a semblance of resistance and are already secretly prepared to yield at the last moment. It was thought strange that at this a.s.sembly, which had been summoned to consult on the means of meeting the violent _coup_ of the majority, a German Archbishop was present who had joined the enemies of his party in subscribing the proposal for closing the debate the day before.

The draft of the Protest finally adopted against this act of violence had been brought to the meeting by Cardinal Rauscher, and bears marks of the antagonistic elements it combines. Yet it contains one pa.s.sage, which may perhaps be appealed to hereafter, "Protestamur contra violationem nostri juris."(106)

FIFTY-FOURTH LETTER.

_Rome, June 6, 1870._-There have been indications for some time past that the _denouement_ was likely to be precipitated. The Pope himself declared that it was impossible to keep the Bishops here in July. The great debate, with 106 speakers inscribed, wearied every one, and the tropical heat increases the exhaustion and disgust. But the minority maintained their resolve to carry on the general debate to the end, while the majority counted on its absorbing the discussion of the separate chapters of the _Schema_, and accordingly Fessler announced that the speakers were at liberty to treat of points which belonged properly to the special debate.

His party considered that, if the general and special debate were mixed up in this way, they might insist at the end that the separate chapters required no further discussion, since everything had been said already, and so they might come sooner to the decision they so earnestly desired.

Very few speakers have attempted any theological argument-perhaps only Conolly, d.i.n.kel and Maret; and this made it easier to mix up the general and special discussion, which again has helped to give a vague and rambling character to the debate. It was clear that after 106 or more speeches on the preliminary question, there were still five weary debates to come on the preamble and each of the four chapters, so that, unless the discussion was to be forcibly closed, it must either last on through the whole summer, or a prorogation be allowed while the main question was still unsettled. The first expedient seemed hardly practicable, and could only be held out _in terrorem_, so that the Court really had to choose between an act of arbitrary power or a prorogation of the Council, which last would be equivalent to a great victory of the minority. There was no want of attempts to get up an agitation for an adjournment. It seemed a happy escape from grave embarra.s.sments to those secular and untheological counsellors of the Pope, who have given up the notion of infallibility, and on the contrary are convinced that the definition involves the separation of Church and State, the fall of the temporal power and the loss of the accustomed resources of the Papacy. These men do not expect an isle of Delos to rise out of the sea for the Pope when the States of the Church are swallowed up, but they are excluded from any influence on the Council. The more full the Pope is of the one grand subject of his infallibility, the less will he listen to Antonelli, to whom the mysteries in which he is not initiated are a nuisance, and who hates the line taken by Manning and the French zealots and apostolic Janissaries, and would like nothing better than an ambiguous formula leaving things just where they are.

But as soon as the majority became aware that some of the more colourless Bishops of the middle party were working for the prorogation of the Council, they resolved to be beforehand with them. Their _postulatum_ for closing the debate with its 150 signatures was got ready on Thursday the 2d, but was not meant to be presented till the Sat.u.r.day. But the great excitement at the close of Maret's speech gave them the opportunity for striking the blow on Friday, when the close of the general debate was carried by a large majority. The order of business undoubtedly gave the Presidents the right of putting it to the vote, and moreover they have more than the letter of the law on their side. They might have urged that, as the general and special debates were not kept separate, most of what was now omitted might be supplied afterwards, and the Fathers who had missed their turn would have five other opportunities of speaking. They might have also alleged, in excuse of hurrying the proceedings, the constantly growing impatience and disgust generally manifested in the a.s.sembly, and the uselessness of all minute discussion of details. It is enough to mention as indicative of the prevalent feeling of the majority, that they received the Bishop of Pittsburg with derisive laughter when he ascended the tribune, and that they muttered at every affectionate or respectful allusion to the Pope by an Opposition speaker, "Et osculatus est Illum."(107) Under these circ.u.mstances Conolly omitted nearly half his ma.n.u.script. The majority might have urged the further excuse that far more of their own speakers than of their opponents were excluded by the close of the debate. Some 27 of the latter had as yet spoken against 36 infallibilists, which however, considering that the minority are only a fourth of the Council, tells in their favour.

But if we examine the matter more closely, the Opposition has lost all it had left by the close of the general debate, viz., freedom of speech. It has been sacrificed to the caprice of the majority, for the subsequent debates may be closed in the same way: that on the primacy because it is no new subject, and that on infallibility because the general debate turned wholly upon it. So the Opposition had nothing left them but to protest, unless they would summon courage for a decisive act. But their protest is as feeble as the last; it is simply directed against the abuse of an order of business they had already protested against, and then themselves accepted by continuing to take part in the Council. A party intoxicated with success cannot be restrained or conquered by these paper demonstrations, nor even the sympathy of the Catholic world be gained; a definite and firm principle is requisite for that. After all their experiences it may be called a harmless amus.e.m.e.nt for the minority to present protest after protest, with the certainty that they will be laid by unnoticed and unanswered.

The French Bishops of the minority held a meeting on the 3rd, from which they came away troubled and undecided. The Germans take the matter less seriously. Their past presses heavily upon them. They had an opportunity, when the second _regolamento_ was issued at the end of February, and again at the Solemn Session at the end of April, of either getting their views accepted or bringing the Council to an end. But they were not then strong enough for that. Now at the eleventh hour a last though less favourable opportunity is offered them. But at the international meeting at Cardinal Rauscher's last Sat.u.r.day, their views were again set aside, for the a.s.semblage of the whole body of Opposition Bishops brought to light the unpleasant fact of a gulf between the intellectual leaders and the ma.s.s of the minority, which makes any real leadership impossible. And this is the more lamentable, because the men who since the opening of the Council have risen to so important a position were almost unanimous; for Hefele and Rivet, Bishop of Dijon, were almost the only ones among them, except Ketteler, who rejected the energetic measure of holding aloof from the debates for the future and protesting by silence. It seems that Hefele wanted to recognise the Council as still having some claim. The other leaders succ.u.mbed, unwillingly and predicting evils, to the will of the majority, who were satisfied with the protest drawn up by Rauscher.

But all is not yet lost, and the tactics actually adopted may perhaps in skilful hands be made as effective as the rejected policy. Between Pentecost and the feast of the Apostles from 80 to 90 speakers might make their voices heard. If we consider that more than 100 speakers had enrolled their names for the first and tolerably irregular debate, and that 49 speeches were suppressed, it is clear that the great question of the primacy and infallibility of the Pope would require a much longer time for uninterrupted and complete discussion, and thus the adjournment would remain as probable and as inevitable as before. The Court and the majority would perhaps shrink from depriving the proceedings of all dignity, weight and completeness by a fresh _coup d'eglise_, as such an attempt might appear even to them too bold and dangerous in the special debate on the principles of the Church. And if such an attempt was made, it would perhaps exhaust at last even the patience of the patient Germans, and lead them to muster all their forces for the last contest. One must admit that if orthodox Catholicism is only to be saved by an adjournment of the Council this is not much to the credit of the Church. But the reason why so many prefer a prorogation to a decisive conflict is because they fear that many present opponents of the doctrine might at last vote for its definition and betray their consciences through fear of men, and that many who vote against it and insist on the necessity of unanimity would ultimately accept and teach a dogma false in itself and carried by illegitimate means.

I will merely mention, in ill.u.s.tration of this, that it was lately thought very necessary to distribute a _Disquisitio Moralis de Officio Episcoporum_, discussing whether a Bishop does not greatly violate his conscience by voting for a decree to define the personal and independent infallibility of the Pope, without having any previous conviction of its being a revealed doctrine always held and handed down in the Church as such. The treatise is well written, but no such bitter irony against the Episcopate is contained in the pasquinades, and it is obvious that the author has not underrated their weakness from the fact that many Bishops would vote differently if the voting was secret. There are some among them too who doubt if papal absolutism and a power which kills out all intellectual movement is not better than truth and purity of doctrine, and if the responsibility of individual Bishops is not superseded by a decree of the Pope, at least when issued "sacro approbante Concilio."

To judge from to-day's debate on the preamble, one would imagine the Opposition neither knew how to speak nor how to keep silence. None but the French, who have put down their names to speak, appear to have much desire to take any further part in the discussion. Perhaps they think it ludicrous to take any serious part in a debate which may be suddenly broken off, and speak, as it were, with a halter round their necks. And those who had thought the right plan was to keep silence henceforth were the best speakers of the Opposition; they do not therefore fall readily into a policy they disapproved. Their view is that, as the majority has done its worst and the minority has not the spirit to follow the counsel of its leaders, it is no longer worth while to fight against a result which cannot be permanent.

This weak and vacillating att.i.tude may possibly only be a momentary consequence of the sudden commencement of a discussion which seemed distant and for which they were unprepared. On the other hand the confidence of the majority increases, and they announce the close of the debate on Corpus Christi. If the minority remain as undecided as they were at the Conference at Cardinal Rauscher's, an unfavourable issue must be feared, and this will be their own fault, for sacrificing their cause at the very moment they have for six months been preparing for, through some of them not choosing to be silent and the others not choosing to speak.

The main argument urged against taking further part in the discussion is that the historical and traditional evidences against infallibility had been prepared by men who lost their turn through the closing of the general debate, and cannot be brought forward in the special debate which is only about changes in the text of the decree. The majority have thereby testified their refusal to listen, not to certain speakers, but to a certain portion of the theological argument, and thus they prevent the investigation of tradition which is so unwelcome to them. Only secondary matters can be discussed now, while the main point is left untouched. To many, and especially the Hungarians, this seemed a betraying of the cause.

The Hungarians absolutely refuse to take any further part in the debates, for in their eyes the Council has already condemned itself, and they cannot too soon publish their opinion to the world by recording their _non placet_. They are therefore dissatisfied with the Germans, who prevented stronger measures being adopted, and some of them-like Simor, who would not go on attending the sittings-have even refused to sign the Protest to the Pope, because it involves too much deference to the Council. There are accordingly only 81 signatures, for the Archbishop of Cologne has also refused to sign, but on grounds precisely opposite to those of the Archbishop of Gran.

Meanwhile the Vicar-General here is organizing all sorts of demonstrations for the happy result of the Council in the sense of the Court party. There were to be three processions this week, and no pains were spared to induce persons of rank, including ladies, to take part in them. In many cases the attempt failed, for it is idle to deny that a large portion of the Roman citizens of all ranks turn away with indifference and contempt from St.

Peter's, and of course from all religion too.

The _Unita Cattolica_ predicts with triumphant confidence that G.o.d will yield to their pious importunities (_Iddio obbedira_), the Holy Ghost will fill the Council Hall, descend upon each of the Fathers and work the miracle of making them all boldly confess the infallibilist doctrine. As in the year 33 the people, who surrounded the house where the Pentecostal miracle was wrought, asked, in amazement at the new tongues of the Apostles, "Are these who speak Galileans?" so in 1870 they will hear the Bishops and Cardinals proclaim papal infallibility and will ask themselves, "Are not these the men who wrote as zealous Gallicans?" The Spirit of G.o.d will work this "noisy miracle" (_strepitoso miracolo_).

A remarkable Pet.i.tion has for some time been hawked about, begging the Pope to promote St. Joseph to be General Protector of the Catholic Church.

Many have objected that it is unfair to disturb the "riposo di San Giuseppe," but the notion finds much favour in the Vatican.

It is impossible to foresee at this moment how the great decision will turn out. The majority are evidently consolidating their plans, and the argument may be heard among them that, if papal infallibility were an error, the devil would not have stirred up the war which is being carried on against it. But one may still always a.s.sume that 120 Bishops will say _Non placet_, unless some miserable formula of compromise is. .h.i.t upon. But the real decision will be when the Pope determines to ignore these 120 opponents and proceed to the order of the day.

FIFTY-FIFTH LETTER.

_Rome, June 10, 1870._-If we look at the many minor subdivisions of the two great parties and consider the individual differences even within that narrower circle, it is impossible to form any approximately sure conjecture about the immediate issue of the contest. All are agreed that the definition must be attempted or the Council prorogued within the next few weeks, and many Bishops are already preparing for departure. The majority, with Manning at its head, insists on the dogma being defined, however numerous and strong the minority may prove, as being the very way to exhibit most clearly the power and right of the Pope to make a new article of faith with only a fraction of the Council; and there can be no doubt that the Pope inclines decidedly to this view himself. He is so completely in the hands of the Jesuits that he will not listen to counsellors like, _e.g._, Antonelli, who makes no secret in his confidential intercourse of the fact that he has lost all influence in the matter and has no opinion to give. The Pope's feeling towards the Opposition, and especially towards its leaders, grows more bitter every day. Strossmayer he regards as the mere head of a sect (_caposetta_), and he termed another German Cardinal and Archbishop the other day "quell'

asino." The Jesuits make capital out of this disposition of Pius IX. for effecting the ruin of all the men of the old school who yet remain to him from his earlier and more liberal days, while he leaves no stone unturned to win over wavering Bishops to the infallibilist side. He tried to work on the Portuguese lately by a visit, on which a French prelate observed, "On n'a plus de scrupules, ce qu'on fait pour gagner les voix, c'est un horreur. Il n'y a jamais rieu eu de pareil dans l'eglise." The most urgent next to Manning is Deschamps. He has proposed canons anathematizing all those Bishops who claim a share for the Episcopate in the sovereign rights of the Church-a measure expressly aimed at the Opposition and the views professed by Maret both in his book and in the Council.

Meanwhile some differences have arisen among the majority, branching off at last into what may be called a middle party. Even Pie of Poitiers is no longer altogether in accord with Manning and Deschamps, and Fessler said lately that a definition could not be carried against 80 dissentient votes. This party disapproves Bilio's treatment of Maret, which is disowned by Cardinal de Luca, who in other respects often speaks openly against Manning. Others, including Cardinals, say plainly in reference to the minority Bishops that the Papacy is threatened with destruction. The definition must, if possible, be prevented by proroguing the Council, and, failing that, the difficulties must be evaded by an ambiguous formula. The prelates who speak thus are too sober-minded not to perceive the political dangers the new dogma would bring with it. They not only think the price too high, but they dread being themselves reduced by the definition under the intolerable dominion of the Jesuit party. They frequently confer with members of the Opposition with the view of devising a compromise.

The French Opposition Bishops have lately had another meeting and resolved to continue to take part in the debates. The little misunderstanding between them and the Hungarians has quite disappeared, and several of the latter-_e.g._, Simor-are said to be again disposed to speak. And it is thought that many speeches, suppressed by the violent closing of the general discussion, will be delivered at the supreme moment in the debate on the fourth chapter of the _Schema_, which deals with infallibility.

The debate on the separate chapters has reached as far as the third section "on the meaning and nature of the Roman primacy." As twenty-six speakers are inscribed the discussion may last to the middle of next month, and then will immediately follow the debate on the fourth and most important chapter, which a great number are likely to take part in, and there will be no want of amendments. Conolly will propose the formula that the Pope is infallible "as head of the Church teaching with him" (_tanquam caput Ecclesiae sec.u.m docentis_), while others, as Dupanloup and Rauscher, will reproduce the formula of St. Antoninus of Florence, declaring the Pope infallible when he follows the judgment of the Universal Church, "utens consilio," or "accipiens consilium Universalis Ecclesiae." This amendment is said to have been seriously discussed in the sitting of the Deputation on Faith on June 8, though it amounts to pure Gallicanism, for Antoninus says plainly (about 1450), "In concernentibus fidem Concilium est supra Papam." It is certain that the Deputation will labour to make some changes in the _Schema_ in view of the Opposition. Lastly, men like Strossmayer press for an unambiguous denial of the personal infallibility of the Pope.

The more recklessly the Court party are resolved to advance, and the less they care for the destruction of the Church which must result from a decree irregularly enacted, the more are the Opposition disturbed at this prospect, and often made irresolute, but these are only pa.s.sing moments of temptation. "Conscience before everything," said a German Bishop to me the other day, who was weighed down by his gloomy views of the future of the Church. Even men who are infallibilists at heart speak of the terrible crisis in the Church, and think only G.o.d can save her. The most decided I meet are the Hungarians.

In the present debates from four to five speeches are delivered at each sitting. The most remarkable were those of Landriot and Dupanloup. The Presidents are very ready to interrupt, as Bilio did when Verot, Bishop of Savannah, was speaking on the preamble. Verot, who is a man of high character but very singular, submitted and left the tribune, saying, "Humiliter me subjicio." This conduct might suggest to the Presidents that the definition would be hastened by a second grand interruption.

FIFTY-SIXTY LETTER.

_Rome, June 11, 1870._-If the new article of faith is accepted and proclaimed throughout the Catholic world, what will be its retrospective force? On what decisions and doctrines of previous Popes will it set the seal of infallibility? What amplifications and corrections of Catholic theology will it involve? These questions are naturally raised here, not indeed by the Bishops of the majority but by many of the Opposition; only no one is in a position to give even an approximately accurate answer from want of the necessary books, and the Court party reckoned on this "penuria librorum," which Cardinal Rauscher has already complained of. A German theologian who had previously examined and studied the subject, undertook to answer the anxious question of the Bishops, and I send you his collection, which makes no claim to completeness, as a not unimportant contribution to the history of the Council.

The Jesuit Schrader, who is the most considerable theologian of his Order since Pa.s.saglia's retirement, and who has been employed both before and during the Council for drawing up the _Schemata_, on account of the special confidence reposed in him by the Pope, has shown, in his great work on _Roman Unity_,(108) that, as soon as papal infallibility resting on divine guidance and inspiration is made into an article of faith, it must by logical necessity include all public ordinances, decrees and decisions of the Popes. For every one of these is indissolubly connected with their teaching office, and contains, whatever be its particular subject, a _doctrina veritatis_ either moral or religious. Papal infallibility is not a robe of office which can be put on for certain occasions and then laid aside again. The Pope is infallible, because he is, in the fullest sense of the word, the representative of Christ on earth, and like Christ he teaches and proclaims the truth by his acts as well as his words; in short no public act or direction of his can be conceived of as not having a doctrinal significance. And thus Catholic theology and morality will be enriched by the new dogma with not a few fresh articles of faith, which will then possess the same authority and dignity as those already universally received as such.

There are indeed former papal decisions which, in becoming themselves infallible through the proclamation of infallibility, will in turn cover and guarantee the infallible character of the collective Const.i.tutions of all Popes. The first of these decisions is the statement of Leo X. in his Bull of 1520 against Luther, "It is clear as the noonday sun that the Popes, my predecessors, have never erred in their canons or const.i.tutions." The second is the declaration of Pius IX. in his Syllabus, "The Popes have never exceeded the limits of their power." This a.s.sertion too will become an infallible dogma, and history must succ.u.mb and adapt itself to the dogma. Let us however specify some of the new articles of faith thus declared to be infallible.

1. According to the teaching of the Church, the validity of the sacraments, and especially of ordination, depends on the use of the right form and matter. The whole Church for a thousand years regarded the imposition of the Bishop's hands as the divinely ordained matter of priestly ordination. But Eugenius IV., in his dogmatic decree, decided that the delivery of the Eucharistic vessels is the matter of the sacrament of Orders, and the words used in their delivery the form.(109) If the doctrine of this decree, solemnly issued by the Pope _ex cathedra_ and in the name of the Council of Florence-which however was no longer in existence-was to be accepted as true and infallible, it would follow that the Western Church for a thousand years, and the Greek Church up to this day, had no validly ordained priests. Nay more, there would at this moment be no validly ordained priest or Bishop in the Church at all, for there would be no succession. And Eugenius gave an equally false definition of the form of the sacraments of Penance and Confirmation.

2. According to the teaching of Innocent III., in the decretal _Novit_, and other Popes after him, the Pope is able and is bound, whenever he believes a question of sin to be involved, to interfere, first with admonition and then with punishments. He can on this ground reverse any judicial sentence, bring any cause before his own tribunal, summon any sovereign before him, simply to answer for a grave sin or what he considers such, annul his ordinances, and eventually excommunicate and depose him.(110)