Josephine laws, that it was found necessary to lay down these preliminary propositions, and even to specify the points upon which government interference was to be abandoned. Thus, it is provided: (a) that bishops are to choose their own advisers and vicars; (b) to ordain those whom they consider qualified, and to refuse to ordain those whom they consider unworthy; (c) to establish smaller livings, and, after having come to an understanding with the government, especially for the assignment of sufficient revenues, to erect or divide parishes; (d) to order public prayers, thanksgivings, and pilgrimages, and arrange funerals according to the canons; (e) to convoke synods, and publish their enactments.

It will scarcely be believed that in some states, where the Leopoldine or Josephine laws prevail, bishops cannot issue the dispensations from abstinence in Lent without the visa of a public officer, and that they are sometimes obliged by their aversion to his interference, to withhold them.

"V. The whole course of instruction of Catholic youth to be in strict accordance with the doctrines of the Catholic religion, as well in private as in public schools; and the Bishops, in virtue of their pastoral office, will superintend the religious education of young people in all public and private schools, and will take the greatest care that nothing shall be introduced into the course of instruction which is opposed to Catholic faith and strict morality."

The principle of this provision is admitted by our own legislature, which disclaims any interference with the religious instruction of catholic children in schools supported at the public expense, and recognises in their clergy, the latter being, of course, directed by their superiors, and guided by the teaching of the Church, the right to train them in accordance with her holy doctrines.

"VI. No one can teach sacred theology, catechism, or the doctrines of the Church, in any public or private institution, if he has not received from the Bishop of the diocese both mission and authority, which can be recalled if it should be considered necessary. The public professors of theology and the teachers of catechism will be chosen from those candidates whom the Bishop, after having examined into their faith, piety, and knowledge, is willing to intrust with the mission and powers to instruct. But where Doctors of the theological faculty are employed by the Bishops to teach theology to the pupils of the episcopal seminary, only those

men shall be advanced to that degree whom the Bishop shall find particularly fitting for such an office. At the examination of those persons who are preparing to take their degree as Doctors of Theology or of Canonical Law, half of the examiners will be chosen by the Bishop from the ranks of the Doctors of Theology or of Canonical Law."

When Joseph experienced opposition to his measures, he adopted the idea of "new-modelling the education of the clergy. With this view, he dissolved the universities; abolished the episcopal seminaries, in which the candidates for holy orders were educated under the eye of their respective prelates; and established general seminaries, to which every bishop was ordered to send the young clergymen of his diocese. The professors in the new schools were appointed by the emperor himself; and the theology which was taught, was accommodated to his opinions and ordinances. Their chief authority was the Belgian canonist, Van Espen, who had been accused of having, to favour his friends the Jansenists, exalted the jurisdiction of the crown by the depression of that of the Church; but they pushed his principles to their utmost extent, and drew from them conclusions which he had not admitted. It is to this new school that we owe the work of Rechberger, and other publications." (Lingard, p. 455.)

These attempts of the emperor to transfer the whole education of the clergy to professors chosen by himself, met with strenuous opposition in Belgium. The leader and champion of the faithful in that portion of his dominions, was the celebrated Cardinal de Frankenberg, archbishop of Mechlin, and he was vigorously supported by the clergy and every order in the state. In their addresses, each and all declared that the commission to teach all nations, given by Our Divine Lord to His Apostles, and through them to the bishops of the Church, necessarily implied that the right to form, and instruct, and commission those who were to announce His doctrine, was intended to be given to the bishops, and could not lawfully be claimed by the civil power. The stern determination of the Belgian people to uphold this right is strikingly displayed in the history of the last years of the emperor's reign, recorded in Theiner's life of Cardinal Frankenberg.

This sixth paragraph of the Concordat reserves the examination of candidates for theological chairs in public and private institutions to the bishop, and those

only are to be appointed whom he may be willing to invest with authority to teach Theology; in the choice of professors for the episcopal seminaries, the candidate, whom the bishop considers most qualified is to be preferred.

As we do not think that any one will question the propriety of entrusting the examination of theological professors to the bishops, and as the two next paragraphs chiefly regard public establishments, and middle and elementary schools for Catholics; we need not trouble the reader with any remarks upon them.

"VII. In the gymnasia or middle class schools for the Catholic youth, only Catholic professors or teachers can be appointed, and the tuition must, in proportion to the object taught, tend to engrave the laws of Christian life on the hearts of the students. The Bishops will, after having consulted with each other, settle what religious books are to be employed in the above mentioned schools. The wholesome ordinances which have already been issued in respect to the appointment of teachers of religion for gymnasia and middle class schools will be maintained.

"VIII. All teachers appointed for public schools intended for Catholics will be under ecclesiastical superintendence. His Majesty will appoint the chief inspector of the schools of the diocese from among the individuals proposed by each Bishop. In case proper provision have not been paid to the instruction in religion in these schools, the Bishops shall be at liberty to appoint a Priest to teach the Catechism to the pupils. The faith and morality of the person to be appointed as teacher in a school must be blameless. He who errs from the right path will be removed from his post."

The next paragraph has been the subject of much angry

comment.

"IX. Archbishops, Bishops, and all ordinaries will freely exercise the power they possess to censure books which are injurious to religion and morality, and to keep the Faithful from reading them. The Government will take the proper measures for keeping such books from being spread over the empire."

The Church, guarding anxiously the sacred deposit of Truth, and knowing how fatal is the poison which the flock may find in pastures not chosen by herself, asks in this paragraph the help of the state to prevent the dissemination of books injurious to religion and morality. Her pastors assert their inherent right to point out these books, and to keep the faithful from reading them; and who will

gainsay this right or question the necessity, which every government admits, of an authority in every kingdom armed with sufficient power to prevent or check the publication of dangerous books? Whether that power be exercised, as in Austria, with the advice of the Church, or by punishment inflicted upon the authors of libellous, seditious, or irreligious books, as in England, the principle of a censorship over the press, is everywhere the same; although we must confess that if the prevention of crime be better than its punishment, the advantage is on the side of the Austrian plan, which takes notice of dangerous books before they have been extensively read; whereas by the English rule you are bound to wait until the tendency of a book is known by the mischief wrought by it, and until, as has often happened in the case of libels, public sympathy has been enlisted in favour of their author.

"X. As all ecclesiastical processes, and particularly those which have reference to faith, the Sacraments, the sacred functions, and obligations and rights connected with the priesthood, belong exclusively to the Church's courts, in such cases the ecclesiastical judge will give sentence. The latter has also in questions of marriage to decide according to the Sacred Canons, and particularly according to the ordinances of the Council of Trent, and only to refer the civil consequences arising from marriage to the temporal judge. In regard to betrothments, (sponsalia quod attinet) the spiritual power will decide on their existence and in how far they can be made impediments to marriage, according to the ordinances of the Council of Trent and the Apostolical Letters, beginning, 'Auctorem Fidei.'"

The right of the Church to decide matters affecting faith and other spiritual causes was upheld by the glorious martyr St. Thomas of Canterbury; and amidst all the changes of our laws and institutions, is still recognized in the very constitution of the English courts. Amongst ecclesiastical causes none can more truly belong to the spiritual judge than those which affect the Sacrament of Matrimony.

The assertion of the Synod of Pistoia (1786) that the promise of marriage known to theologians under the name of sponsalia, was a mere civil act preparatory to the celebration of marriage, and wholly subject to the law of the state, had been formally censured by Pius VI. in the Dogmatical Bull "Auctorem Fidei," and is in this paragraph rejected by the Austrian government.

We are glad to learn that the Grand Duke of Modena has already adopted in his states the provisions contained in this paragraph, and has annulled the law prescribing the civil marriage, instead of marriage duly contracted before the Church. Prince Metternich always contended that the Austrian legislation on this subject ought to be conformable to the Council of Trent. By this paragraph of the Concordat, all questions of the validity of marriage are to be determined by the law of the Council; and consequently, the erroneous notion is abandoned that the authority of the state is equal or superior to the inherent and divine right of the Church to constitute impediments which prohibit and invalidate marriages in certain cases. Thus, the claim is rejected, which sovereigns have sometimes advanced, to declare marriages null when they have been contracted against the will of the parents of the parties; or to render void the decree of the Council by substituting the presence of the civil officer for the presence of the parish priest and witnesses, thereby disregarding the impediment of clandestinity established by the Council.

With the exception of the paragraph in which the authority of the bishops to punish the transgression of the laws of the Church by spiritual censures is asserted, we do not think that the following sections will be objected to even by the most prejudiced readers; and if they will recollect that the use of excommunication is still preserved in the Protestant ecclesiastical courts of this kingdom, they will not blame the Austrian government for leaving the authority to inflict censures undisturbed. Spiritual censures are the only remedies that remain after entreaty and remonstrance have failed to correct public and open disobedience to the laws of God and of His Church; and no one can forget the sentence pronounced against all who refuse to hear her voice; and that in that divine sanction is promised a confirmation of the censures which she may be obliged to inflict. It is idle to blame the use of censures, if they are but an empty ceremony; it is wicked to oppose that use, if they possess a supernatural and divine

sanction.

"XI. The Bishops will be at liberty to inflict on the clergy who do not wear the becoming dress in keeping with their order and dignity, or are guilty of any other offence, the punishments appointed by the Sacred Canons or such others as the Bishops may