The papal system, a product of feudalism, according to which all authority rests in the sovereign, involves, in its last consequence, the political domination. The Dictatus Gregorii contain the following declarations: "Quod solus Papa possit uti imperialibus insigniis" I No. 8) : "Quod solius Papa; pedes omnes principes deo- sculenturi No. 9) ; "Quod illi libeal imperatores deponere" i N'o. 12); "Quod a fidelitate iniquorum subjeel absolvere" (No. 27). Boniface VIII, trying to act up to these principles, involved himself in a terrible conflict with France, which ended in the defeat ol i! see. Now pc.pir began to bethink themselves again of the principles which had prevailed before Gregory VII, on the relations of the church, and the council which represents her. to the bishop of Rome, and the old principles were reinstated in vigor, ["he result of the war which has since been waged, with many inter- ruption- and vicissitudes, between the pope and the bishops is a modification ami practical attenuation of the strict papal or curial system; yet the latter has been victorious, and is now generally acknowledged. The consequences of this system in regard to the rela- tions of the Roman Catholic Church to the State, the right of granting royal titles (Phillips, /. c. v. 684 Bq.),
and other prerogatives, by which the rights of sover- eigns were limited or even denied, have Ion- disap- peared from practice; yet the pope never retracted the
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principle, and never failed to avail himself of such cir- cumstances as allowed him to proclaim it and to apply it to special cases (see A. de Roskovany, M onumenta Catholica pro Jmlependentia Potestatis Ecclesiasticce ab Imperio Civili [Quinque Ecclesiis, 1847], vol. ii). The Austrian Concordat of Aug. 18, 1855, art. ii, says: "Cum Romanus pontifex primatum tarn honoris quam jurisdictionis in universam, qua late patet, ecclesiam jure divino obtineat, episcoporum, cleri, et populi mu- tuo cum Sancta Sede communicatio in rebus spirituali- bus et negotiis ecclesiasticis nulli placelum regium obti- nendi necessitas suberit, sed prorsus libera erit;" and the allocution of Pius IX, at the publication of the Con- cordat, says : " Cum Romanus pontifex Christi his in terris vicarius et beatissimi apostolorum principis suc- cessor primatum . . . divino obtineat jure, turn Catho- licum hoc dogma in ipsa conventione luculentissimis fuit verbis expressum, ac propterea simul de medio sub- lata et radicitus evulsa peccatusque deleta falsa per- versa ilia et funestissima opinio eidem divino primal ui ejusque juribus plane adversa et ab hac Apostolica Sede semper damnata atque proscripta, de habenda scilicet a civili gubernio venia, vel executione eorum, quae res spirituales et ecclesiastica negotia respiciunt." The principle is also saved in those cases where it is allowed to the State, only in consideration of the circumstances (temporum ratione habit a), to decide by worldly pro- cedure, in merely civil affairs of the clergy, or even in criminal matters in which they are involved (Austr. Cone. art. xii, etc.).
The papal rights relate to the supreme government of the Roman Catholic Church, and to the honors de- rived from it. Distinction is made between rights essen- tial to the existence of the primacy (jura essentialia, primigenia, naturalia) and those which have been gradually added to the others, but are not absolutely indispensable to the primacy (jura accidenta/ia, ac- quisita, secundaria) (Sauter, § 4G6 ; Droste-Hiilshoff, Grundsdtze des gemeinen Kirchenrechts, ii, pt. i, § 132 sq. ; Eichhom, Kirchenrecht, i, 579 sq.; Roskovany, De Primatu Pontificis Romani [ Augusta? Vindelicor. 1834], § 44 sq. ; § 54 sq.). As essentials we find, first, the pri- macy of honor and of jurisdiction, of the highest con- sideration and of general government, including disci- pline, the right of legislation, devolution, and protec- tion. Among the additional rights or privileges are the jurisdiction in causce arduce ac majores, the decision in last resort of the reserved cases, etc. The primacy of the papal jurisdiction comprises —
(1.) The Representation of the Roman Catholic Chinch. — As the representative head, the pope has, partly in proper person, partly in co-operation with the cardinals, to defend the general interests and special concerns of the Church with the exterior powers. He has to make conventions with the different states concerning the clerical institutions existing in them and directly sub- ordinated to the papal see.
(2.) The Supreme Ecclesiastical Legislation. — The pope issues decrees as well about subjects of discipline as of doctrine, and secures the approbation of the Church by the convocation of a council or by other means. The necessity of the approbation of the council is not recog- nised by the pope. As the pope, speaking ex cathedra, cannot, err according to the doctrine of the Church, all members of the Catholic Church are bound in such case to submit to the decision of the sovereign pontiff. This principle was solemnly recognised at the proclama- tion of the dogma of the immaculate conception of the Virgin Mary. But the papal infallibility does not ex- tend to matters of fact. Bellarmine himself says (De Romano Pontifice, lib. iv, cap. 2), "Conveniunt omnes posse Pontificem, et cum ccetu consiliorum vel cum ge- neral! concilio, errare in controversiis facti particula- ribus, quaj ex informatione testimoniisque hominum pracipue pendent." Appeals from Pontifice male infor- mato ad melius informandum have always been in use. In virtue of his legislative powers, the pope can dispen-