CHAPTER IX.

THE INTERNATIONAL RELATIONS OF THE PAPACY WITH STATES IN WHICH A BRANCH OF THE CATHOLIC CHURCH, NOT IN COMMUNICATION WITH ROME, IS

ESTABLISHED.

CCCCVI. WE have now to consider the relations of the Papacy with those States in which a branch of the Catholic Church is established (a). These Catholic Churches are distinguished from Roman Catholic Churches by not acknowledging the Pope as their spiritual chief, and from merely Protestant Churches by their Episcopate; or, as it is clearly said by Portalis, "Toutes les communions protestantes s'accordent sur certains principes. Elles "n'admettent aucune hiérarchie entre les pasteurs" (b). The established Catholic Churches not in communion with Rome are two

1. The Greek Church.

2. The English Church, and, as connected with it,

The English Church in the Colonies, the Episcopalian Church of Scotland and of Ireland, and the North American Church. These are not established, in the sense of being endowed by the State.

CCCCVII. It does not lie within the province of this work to dwell upon the history of that great schism between the Greek and Latin Churches which made the first external rent in the seamless robe of the Church.

(a) Parl. Papers, 1819, p. 254. Ibid. 1851, p. 173.

(b) Rapport du Vicomte Portalis sur les Articles organiques des Cultes protestants.

Discours, etc., sur le Concordat de 1801, par le Vicomte Portalis (Paris: 1845), p. 105.

The Greek branch of the Catholic Church is said to number eighty millions of worshippers. It is established in the countries subject to the Porte, Russia, and Greece. In all these countries the Roman See fosters a separate communion.

CCCCVIII. Russia has no Concordat with the Pope, but certain articles were agreed upon in 1847, between them, which regulate the appointment of Roman Catholic prelates. They are nominated by the Emperor, who communicates his choice confidentially to the Pope, who, if he entertain no objection to it, canonically institutes the imperial nominee. But all direct communication between the Pope and the Roman clergy in Russia is interdicted; the only channels through which it is allowed to be carried on being the Russian mission at Rome and the Department of Foreign Affairs at St. Petersburg. This department and that of Foreign Worship (which is under the jurisdiction of the Minister of the Interior), examine every instrument emanating from Rome before it can be delivered to the clergy of that see.

The present practice of the Russian Government is to decline the reception of any Nuncios or Papal Legates at St. Petersburg, except such as are sent on special missions.

In Poland the Pope, in 1858, vainly endeavoured to negotiate a Concordat for the Roman Church in Poland with the Emperor of Russia.

In the Diocese of Chelin and other dioceses the Clergy of the United Greek Church became merged in the Orthodox Greek Church (c).

CCCCIX. No Concordat, or arrangement in any way equivalent or analogous to it, subsists between the Sublime Porte and Rome. The Roman Vicar Apostolic resident at Constantinople is not recognised by the Turkish Govern

ment.

The Roman Bishops are either appointed or confirmed

VOL. II.

(c) Ann. des D. M. 1858, p. 267.

H H

by the Pope, and Papal instruments are transmitted to them from Rome, either directly or through the unrecognised Vicar Apostolic; but no Papal Brief can be legally enforced, and the Pope appears to connive at the exercise of spiritual authority by the Roman communities in Turkey, but to reserve to himself the right of interference (d).

CCCCX. The relations of the National Church of Greece with the Patriarchate of Constantinople will be mentioned in the next chapter.

Between the Kingdom of Greece and the See of Rome there exists no Concordat, or equivalent arrangement.

The Latin population appears to be diminishing, though in some of the islands, inhabited by the descendants of the old Venetian and French settlers, the Latin Bishops exist in a number at present disproportioned to their congregations.

The Pope directly appoints Bishops of the Latin Church, who apply to the Minister of State for their exequatur, which, it appears, has never been refused.

The Pope does not appear to be compelled to nominate natives to the Latin sees, though the existing Latin Bishops are natives.

The reception and publication of Papal instruments is not forbidden by any law, but, as a matter of fact, communications from Rome are carried on through the medium of a private correspondence.

The Latin Church founds its rights on long custom and enjoyment guaranteed at the Revolution, which guarantee was recognised by the National Assembly in 1843, at the period of the formation of the Constitution.

The Bishops are required to take the oath of allegiance to the King, and of fidelity to the Constitution.

(d) "The appointment of Bishops," writes Sir Stratford Canning, "is at once a matter of conflicting pretensions, and of mutual though tacit compromise between the Court of Rome and the several Roman Catholic communities."-Parl. Papers, 1851, p. 323.

CCCCXI. The history of the relations of the Roman See with England, since the Reformation, is without parallel in the annals of the world.

Before the Reformation, these relations of England with Rome were not unlike those which subsisted between the Papacy and other considerable independent kingdoms.

In the history of no kingdom is the independence of the national Church written with a firmer character than in that of England, in the statutes of the realm, the decisions of judicial tribunals, and the debates of Parliament.

The Constitutions of Clarendon, in Henry II.'s reign (A.D. 1164), though directly aimed at the repression of the inordinate claims and privileges of the national. Church, were, no doubt, indirectly "calculated," as Hume observes, "to "establish the independency of England on the Papacy; and therefore, when the King sought Pope Alexander's ratification of them, that Pontiff annulled and rejected all but six out of the sixteen memorable articles. The resistance of Becket, and, still more the general feeling excited by the wicked and impolitic murder of that prelate, procured the practical abrogation of the articles objected to, by the enactments of Edward I. (e) and III., of Richard II., of Henry IV. and V., and of Edward IV.

CCCCXII. In the severe penalties attached to the statutes of Provisors and Præmunire may be read the steady determination of the English people to maintain an independent national Church, and to resist the ultramontane doctrines which had taken root in other countries.

The Statute of Provisors (25 Ed. III. st. 4, A.D. 1350) recites that "the Holy Church of England was founded in the "estate of prelacy within the realm of England" by the King and nobles of England, and forbids the prevalent abuses of the Pope's bestowing benefices upon aliens, "benefices of England which be of the advowry of the people of Holy Church," the reservation of first-fruits

(e) See the provisions of the Parliament at Carlisle, A.D. 1307.

to the Pope, and the provision or reservation of benefices to Rome. By 38 Ed. III. st. 2. (A.D. 1363), persons receiving citations from Rome in Courts pertaining to the King, &c., are liable to the penalty of 25 Ed. III. st. 5. c. 22. (ƒ) The Statute (A.D. 1392) 16 Richard II. c. 5, renders

(f) 38 Ed. III. st. 2, A.D. 1363.

"Præmunire for suing in a foreign realm, or impeaching of judgment given.”

Præmunire, so called from the words of the writ:- "Rex vice comiti," &c., "pramunire facias præfectum A.B. quod tunc sit coram nobis."

25 Ed. III. st. 5. c. 22. a.d. 1351. Against Provisors. Now repealed. There are various statutes of Richard II. against giving benefices to aliens, or allowing aliens to purchase or convey benefices, viz.:—

13 Rich. II. st. 2, c. 2, is a confirmation of the statute of 25 Ed. III. st. 4. See too c. 3.

16 Rich. II. c. 5, A.D. 1392, made it Præmunire to purchase Bulls or other instruments from Rome.

This statute was called by the Pope execrabile statutum, and the passing of it fœdum et turpe facinus.-Burn's Ecclesiastical Law, II, 36 (ed. Phillimore). See also, generally, as to Papal authority

2 Hen. IV. c. 3, a.d. 1400.

3 Hen. V. st. 2, c. 4, A.D. 1415.

32 Hen. VI. c. 1 (Ireland), A.D. 1454. All statutes against Provisors in England and Ireland to be kept in force.

7 Ed. IV. c. 2 (Ireland), A.D. 1467. Against Bulls from Rome.

2 Ed. IV. c. 3.

10 Hen. VIII. c. 5. An Act against Provisors to Rome.

23 Hen. VIII. c. 20. An Act restraining payment of Annates to the See of Rome, A.D. 1531.

24 Hen. VIII. c. 12, A.D. 1532. The great Statute forbidding Appeals to Rome, under pain of Præmunire.

25 Hen. VIII. c. 19, A.D. 1533. Act of the Submission of the Clergy and the Restraint of Appeals.

of Rome.

c. 20. Act for Non-payment of First-fruits to the Bishop

c. 21. Concerning Peter-pence and Dispensations. 28 Hen. VIII. c. 13 (Ireland), A.D. 1537. An Act against the Authority of the Bishop of Rome.

c. 16, A.D. 1536. As to Dispensations and Licences

heretofore obtained from the See of Rome.

c. 19 (Ireland), A.D. 1537. The Act of Faculties.

5 Eliz. c. 1 and 13 Eliz. c. 2 brought the maintaining the pre-eminence of the See of Rome under the penalties of the Statutes of Provisors and Præmunire.