cases where the civil law lays down another form, and declares that when this new form is used the marriage shall be valid.-Ibid.

72. Boniface VIII was the first who declared that the vow of chastity taken at ordination renders marriage void.—Ibid. 73. In force of a merely civil contract there may exist be tween Christians a real marriage, and it is false to say either that the marriage contract between Christians is always a sacrament, or that there is no contract if the sacrament be excluded.-Ibid.; Letter to the King of Sardinia, Sept. 9, 1852; Allocutions "Acerbissimum," Sept. 27, 1852; "Multis gravibusque," Dec. 17, 1860.

74. Matrimonial causes and espousals belong by their nature to civil tribunals.—Encyclical “Qui pluribus,” Nov. 9, 1846; Damnatio “Multiplices inter," June 10, 1851;“Ad Apostolica," Aug. 22, 1851; Allocution "Acerbissimum," Sept. 27, 1852.

N. B.-To the preceding questions may be referred two other errors regarding the celibacy of priests and the preference due to the state of marriage over that of virginity. These have been stigmatized: the first in the Encyclical “Qui pluribus," Nov. 9, 1846; the second, in the Letter Apostolic "Multiplices inter," June 10, 1851.

IX

ERRORS REGARDING THE CIVIL POWER OF THE

SOVEREIGN PONTIFF

75. The children of the Christian and Catholic Church are divided amongst themselves about the compatibility of the temporal with the spiritual power.-"Ad Apostolicæ,” Aug. 22, 1851.

76. The abolition of the temporal power of which the Apostolic See is possessed would contribute in the greatest degree to the liberty and prosperity of the Church.-Allocutions "Quibus quantisque," April 20, 1849; "Si semper antea," May 20, 1850.

N. B.-Besides these errors, explicitly censured, very many others are implicitly condemned by the doctrine propounded and established, which all Catholics are bound most firmly to hold touching the temporal sovereignty of the Roman pontiff. This doctrine is clearly stated in the Allocutions “Quibus quantisque," April 20, 1849, and "Si semper antea," May 20, 1850; Letter Apostolic "Cum Catholica ecclesia," March 26, 1860; Allocutions, "Noves et antea," Sept. 28, 1860; "Iamdudum cernimus," March 18, 1861; "Maxima quidem," June 9, 1862.

X

ERRORS HAVING REFERENCE TO MODERN LIBERALISM

77. In the present day it is no longer expedient that the Catholic religion should be held as the only religion of the State, to the exclusion of all other forms of worship.-Allocution "Nemo vestrum," July 26, 1855.

78. Hence it has been wisely decided by law, in some Catholic countries, that persons coming to reside therein shall enjoy the public exercise of their own peculiar worship.-Allocution "Acerbissimum," Sept. 27, 1852.

79. Moreover, it is false that the civil liberty of every form of worship, and the full power, given to all, of overtly and publicly manifesting any opinions whatsoever and thoughts, conduce more easily to corrupt the morals and minds of the people, and to propagate the pest of indifferentism.-Allocution "Nunquam fore," Dec. 15, 1856.

80. The Roman Pontiff can, and ought to, reconcile himself, and come to terms with progress, liberalism and modern civilization.-Allocution "Iamdudum cernimus," March 18, 1861.

APPENDIX III

THE CHRISTIAN CONSTITUTION OF STATES1

Encyclical Letter Immortale Dei, November 1, 1885

BY POPE LEO XIII

THE Catholic Church, that imperishable handiwork of our all-merciful God, has for her immediate and natural purpose saving souls and securing our happiness in Heaven. Yet in regard to things temporal she is the source of benefits as manifold and great as if the chief end of her existence were to ensure the prospering of our earthly life. And in truth, whereever the Church has set her foot, she has straightway changed the face of things, and has attempered the moral tone of the people with a new civilization, and with virtues before unknown. All nations which have yielded to her sway have become eminent for their culture, their sense of justice, and the glory of their high deeds.

And yet a hackneyed reproach of old date is levelled against her, that the Church is opposed to the rightful aims of the civil government, and is wholly unable to afford help in spreading that welfare and progress which justly and naturally are sought after by every well-regulated State. From the very beginning Christians were harassed by slanderous accusations of this nature, and on that account were held up to hatred and execration, for being (so they were called) enemies of the empire. The Christian religion was moreover commonly charged with being the cause of the calamities that so fre

1 From The State and the Church, pp. 1-25, (Imprimatur of Patrick J. Hayes, Archbishop of New York), by John A. Ryan, D.D., LL.D., and Moorhouse F. X. Millar, S. J., reprinted with the kind permission of the publishers, The Macmillan Company, New York.

quently befell the State, whereas, in very truth, just punishment was being awarded to guilty nations by an avenging God. This odious calumny, with most valid reason, nerved the genius and sharpened the pen of St. Augustine, who, notably in his treatise On the City of God, set forth in so bright a light the worth of Christian wisdom in its relation to the public weal, that he seems not merely to have pleaded the cause of the Christians of his day, but to have refuted for all future times impeachments so grossly contrary to truth. The wicked proneness, however, to levy the like charges and accusations has not been lulled to rest. Many, indeed, are they who have tried to work out a plan of civil society based on doctrines other than those approved by the Catholic Church. Nay, in these latter days a novel scheme of law has begun here and there to gain increase and influence, the outcome, as it is maintained, of an age arrived at full stature, and the result of liberty in evolution. But though endeavors of various kinds have been ventured on, it is clear that no better mode has been devised for building up and ruling the State than that which is the necessary growth of the teachings of the Gospel. We deem it, therefore, of the highest moment, and a strict duty of our Apostolic office, to contrast with the lessons taught by Christ the novel theories now advanced touching the State. By this means We cherish hope that the bright shining of the truth may scatter the mists of error and doubt, so that one and all may see clearly the imperious law of life which they are bound to follow and obey.

It is not difficult to determine what would be the form and character of the State were it governed according to the principles of Christian philosophy. Man's natural instinct moves him to live in civil society, for he cannot, if dwelling apart, provide himself with the necessary requirements of life, nor procure the means of developing his mental and moral faculties. Hence it is divinely ordained that he should lead his life-be it family, social, or civil with his fellow-men, amongst whom alone his several wants can be adequately supplied. But as no society can hold together unless some one be over all, directing all to strive earnestly for the common

good; every civilized community must have a ruling authority, and this authority, no less than society itself, has its source in nature, and has, consequently, God for its author. Hence it follows that all public power must proceed from God. For God alone is the true and supreme Lord of the world. Everything, without exception, must be subject to Him, and must serve Him, so that whosoever holds the right to govern, holds it from one sole and single source, namely, God, the Sovereign Ruler of all. There is no power but from God. (Rom. xiii, 1.)

The right to rule is not necessarily, however, bound up with any special mode of government. It may take this or that form, provided only that it be of a nature to insure the general welfare. But whatever be the nature of the government, rulers must ever bear in mind that God is the paramount ruler of the world, and must set Him before themselves as their exemplar and law in the administration of the State. For, in things visible, God has fashioned secondary causes, in which His divine action can in some wise be discerned, leading up to the end to which the course of the world is ever tending. In like manner in civil society, God has always willed that there should be a ruling authority, and that they who are invested with it should reflect the divine power and providence in some measure over the human race.

They, therefore, who rule should rule with even-handed justice, not as masters, but rather as fathers, for the rule of God over man is most just, and is tempered always with a father's kindness. Government should, moreover, be administered for the well-being of the citizens because they who govern others possess authority solely for the welfare of the State. Furthermore, the civil power must not be subservient to the advantage of any one individual or of some few persons, inasmuch as it was established for the common good of all. But if those who are in authority rule unjustly, if they govern overbearingly or arrogantly, and if their measures prove hurtful to the people, they must remember that the Almighty will one day bring them to account, the more strictly in proportion to the sacredness of their office and pre-eminence of their