Page:Pastoral Letter Promulgating the Jubilee - Spalding.djvu/48

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XXXIII. It does not appertain exclusively to ecclesiastical jurisdiction, by any right proper and inherent, to direct the teaching of theological subjects. (Letter to Archbishop Frising. Tuas libenter, 21st December, 1863.)

XXXIV. The teaching of those, who compare the Sovereign Pontiff to a free Sovereign acting in the Universal Church, is a doctrine which prevailed in the Middle Ages. (Letter Apost. Ad. Apostolicæ, 22nd August, 1851.)

XXXV. There would be no obstacle to the sentence of a General Council, or the act of all the universal peoples, transferring the Pontifical Sovereignty from the Bishop and city of Rome to some other bishopric and some other city. (Id. Ibid.)

XXXVI. The definition of a National Council does not admit of any subsequent discussion, and the civil power can regard as settled an affair decided by such National Council. (Id. Ibid.)

XXXVII. National Churches can be established, after being withdrawn and plainly separated from the authority of the Roman Pontiff. (Allocution Multis gravibusque, 17th December, 1860. Jamdudum cernimus, 18th March, 1861.)

XXXVIII. Roman Pontiffs have, by their too arbitray conduct, contributed to the division of the Church into Eastern and Western. (Letter Apost. Ad. Apostolicæ, 22nd August, 1851.)

Section VI.—Errors about Civil Society, considered both in itself and in its Relation to the Church.

XXXIX. The Republic is the origin and source of all rights, and possesses rights which are not circumscribed by any limits. (Allocution Maxima quidem, 9th June, 1862.)

XL. The teaching of the Catholic Church is opposed to the well-being and interests of society. (Encyclical Qui pluribus, 9th November, 1846, Allocution Quibus quantisque, 20th April, 1849.)

XLI. The Civil power, even when exercised by an infidel Sovreign, possesses an indirect and negative power over religious affairs. It, therefore, possesses not only the right called that of exequatur but that of the (so-called) appellatio ab abusu.[1] (Apostolic Letter, Ad. 22d August, 1851.)

XLII. In the case of conflicting laws between the two Powers, the civil law ought to prevail. (Letter Apost. Ad. Apostolicæ, 22nd August, 1851.)

  1. The power of authorising official acts of the Papal power, and of correcting the alleged abuses of the same.