- Allocuzione di Gregorio P. P. XVI. al Sagro Collegio nel Concistoro segreto del 22 APPENDIX O.-Speech of the Belgian Minister of Foreign Affairs in the Chamber, 15 Nov. 1850 - THE LETTERS APOSTOLIC OF POPE PIUS IX. INTRODUCTORY CHAPTER. "Hoc solet habere præcipuum Apostolica sedes, ut non erubescat revocare quod a se forte deprehenderit fraude elicitum, non veritate promeritum." Epistola 180ma Sti. Bernardi. THE Letters Apostolic of Pope Pius IX., which purport to restore the Episcopal Hierarchy in England, have excited so much astonishment, and awakened so much indignation among all classes of her Majesty's subjects, that, it may be presumed, no apology will be needed for inviting the attention of the English reader to the argument contained in the following pages; more especially as "an appeal to the reason and good feeling of the English people" has been put forth by Cardinal Wiseman, as if there were not just grounds for the national dissatisfaction. On the contrary, an examination of the document itself, and the publications issued from authorised sources in explanation and defence of it, must lead to the conclusion, that the See of Rome has on this occasion illadvisedly embarked upon a measure, which in its details imports a violation of the law of England, and B in its principle is a departure from the law of Europe, or, in other words, from the established rules which have hitherto regulated the action of the Holy See in relation to the sovereign powers of Europe. It thus places the Roman Catholic subjects of her Majesty in a false position with reference to the Constitution of the Realm, whilst it involves a glaring infringement of a branch of the law of Nations as regards the Sovereignty of the Crown of England. The document of the date of 29th September, 1850, which has been circulated with the signature of Cardinal Lambruschini attached to it, is not what is technically termed a Papal Bull, i. e. Letters Patent issued from the Roman Chancery with a leaden seal (bulla) attached to them (sub plumbo), but Letters Apostolic in the form of a Brief, given under the Fisherman's Ring (a seal on which an image of St. Peter is engraved), and subscribed by the Secretary of Briefs. It corresponds in some respect to what is termed a Writ of Privy Seal in England, as distinguished from Letters Patent of the Crown. A Brief, as its name imports, may be and generally is a shorter and less formal document than a Bull, but it has equal force with any other apostolic writing, when issued in the complete form which the Letters in question exhibit; as may be inferred from the provisions of the present Brief, which purports to abrogate all the constitutions of the ancient English Church and the subsequent missions, as well as all the rights and privileges of the ancient English sees. There is, therefore, no doubt that it is a document of the highest authority. A Brief, however, seems to differ from a Bull in several respects, which are not unimportant. In the first place it may be suppressed, as it is not issued in the same open form as a Bull; and there are instances of Briefs being suppressed altogether. In the second place, it may be cancelled or superseded by a second Brief issued in a similar manner; whereas a Bull can only be cancelled by a Bull; so that there is less difficulty and expense in the way of cancelling or superseding a Brief than a Bull, the latter having to pass through the Roman Chancery. A Brief is also, for the most part, of less extensive application than a Bull, the latter being sometimes binding on the entire Christian world in communion with the See of Rome. The purport of the Brief* may be stated in a few words. It professes on the part of the Roman Pontiff, in the plenitude of his apostolic power, to restore the ordinary hierarchy of bishops in the kingdom of England; and accordingly to erect one archiepiscopal see, and to re-establish or create twelve episcopal sees, and to parcel out the entire realm of England and Wales into thirteen dioceses, respectively assigned to the archbishop and his twelve suffragans. The Brief then proceeds to declare that the aforesaid archbishop and his twelve suffragans shall enjoy, as the archbishop and bishops of England, all the rights and functions which other Catholic archbishops and bishops of other nations enjoy, according to the sacred canons and the apostolic constitutions. It then abrogates all the constitutions, privileges, and customs of the ancient English Church and the subsequent missions, and re-establishes in England the Common Law of the Church, in other words, the whole body of Canon Law sanctioned by the Popes. It concludes with decreeing that the Brief itself shall be valid and hold good to all intents and purposes, notwith * Cf. Appendix. standing all general or special enactments, whether apostolic or published in synodal, provincial, or universal councils, the special sanctions as well as the rights and privileges of the ancient sees of England and of the missions and apostolic vicariates therein afterwards established; and of certain churches and pious places, even though sustained by oath, apostolic confirmation, or any other security; in a word, notwithstanding all things else to the contrary. The wide scope of this document could not but arrest attention, purporting, as it does, to deal ecclesiastically with the realm of England in the most free and open manner, and not to confine itself to Roman Catholic congregations, whether subjects of the Sovereign of the Roman States and other foreign Princes, or subjects of her Majesty the Queen of England. If any doubts could have arisen upon this head, they were destined to be speedily dispelled by a Pastoral Letter given out of the Flaminian Gate of Rome on 7th October, 1850, and subscribed Nicholas, Archbishop of Westminster, who is further entitled in the preamble as Cardinal Priest of the church of St. Pudenziana in Rome, and Administrator Apostolic of the diocese of Southwark in England. In this letter the Cardinal announces, that by virtue of his appointment to the archiepiscopal see of Westminster and to the administration of the episcopal see of Southwark, he governs at present, and until such time as the Holy See shall think fit otherwise to provide, shall continue to govern, the counties of Middlesex, Hertford, and Essex, as ordinary thereof; and those of Surrey, Sussex, Kent, Berks, and Hants, with the islands annexed, as administrator with ordinary jurisdiction. The Cardinal then goes on, in somewhat highflown language, to announce to the faithful of his |