An edition of Letters Apostolic of Pope Pius IX Considered with Reference to the Law of England and the Law of Europe
(1851)
Letters Apostolic of Pope Pius IX.
Considered With Reference To The Law Of England And The Law Of Europe, Volume 1
by Travers Twiss and Catholic Church. Pope (1846-1878 : Pius ...
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1851
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Letters Apostolic of Pope Pius IX Considered with Reference to the Law of England and the Law of Europe
August 2003, Kessinger Publishing
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in English
076617350X 9780766173507
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Letters Apostolic of Pope Pius IX.: Considered With Reference To The Law Of England And The Law Of Europe, Volume 1
1851, Longman, Brown, Green, and Longmans
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Table of Contents
The Letters Apostolic Of Pope Pius IX., Considered With Reference To The Law Of England And The Law Of Europe, Volume 1 1851
CONTENTS.
INTRODUCTORY CHAPTER.
Distinction between a Bull and a Brief Page 2
Purport of the Brief 3
Claim of Cardinal Wiseman to ordinary Jurisdiction 4
Distinction between the Supremacy and the Sovereignty of the Crown 6
Distinction between Spiritual Authority and Ecclesiastical Jurisdiction 8
System of Vicars Apostolic in England ib.
No religious necessity for its Abandonment 9
Effect of removal of political disabilities 10
Forbearance of England as to the Protestant Episcopal Communion in Scotland 11
The Apostolicum Ministerium of Benedict XIV. 12
No Spiritual element wanting in the English Mission 13
Decrees of the Council of Trent 14
Inconvenience of the change to the Roman Catholic laity 15
Inconvenience and danger to the State 16
Avowed object of the new Constitution, a Provincial Synod 17
No organic bond of union amongst the Vicars Apostolic 18
Synod of Thurles 19
Conduct of the Roman Catholic Clergy in Belgium 20
Secret Conventions with the Communal Authorities 21
Encyclical letter of Pope Gregory XVI. 22
CHAP. II.
The Law of England 22
The Religious Status of the Roman Catholics settled by the Toleration Act of 31 Geo. 3. c. 32. 23
The Political Status settled bj the Relief Act of 10 Geo. 4. c. 7. Page 23
Difference between local Bishops and a local Episcopate 24
M. Portalis's remarks upon Establishment and Protection 25
Difference between Ecclesiastical Protection and Religious Toleration 26
Repealing effect of, 7 & 8 Viet. c. 102. as to penalties under 1 Eliz. c. 1. 27
Effect of 9 & 10 Viet. c. 59. as to the statutory Punishment under 1 Eliz. c. 1. and 2 Eliz. c. 1. (Irish) 28
Unlawful to maintain the Authority of the Pope as heretofore claimed or used by him 29
Dr. Wiseman's Interpretation of the penal clause in the Relief Act as to the Name, Style, or Title of Bishop of any Diocese in England or Ireland 30
Title of Menevia, or St. David's, made free with in the Brief 31
Reserve in certain quarters in not translating the word Menevia 32
Interpretation of the penal clause in the Relief Act 33
Mr. Anstey's admission as to future Sees 34
Presumption of law not in favour of the Subject, but of the Crown 35
The practice examined, as assisting the Interpretation of the Statute 36
The Charitable Bequests Act (7 & 8 Viet. c. 97.) ib.
The Warrants appointing the Visitors of the Irish Colleges 37
The Dublin Cemeteries (local) Act (9 & 10 Viet. c. 361.) 38
The Roman Catholic Bishop in Australia 40
The R. C. Archbishop in Sydney 41
Erection by the Crown of the Metropolitan See of Sydney ib.
Opinion of Colonial Law Officers defended from misstatement 42
The R. C. Bishop in the Island of Mauritius 43
Selection of the title of Westminster by Dr. Wiseman 44
Violation of the Statute Law as to the title of St. David's 45
Distinction between the Appointment and the Mission of a Bishop 46
Mode of erecting Episcopal Sees by the law of England 48
State of the law as to the bringing in and putting into execution of Papal Instruments 49
Repeal of Penalties in 13 Eliz. c. 2. 50
The specific legal character of the Offence left unaltered by the Repeal of the Penalty 51
The legal character of the Offence High Treason Page 51
Statute of Treasons (25 Edw. 3. s. 5. c. 2.) 52
Statute 7 Anne c. 1. operative, though without a penal clause ib.
Statute of Praemunire (16 Rich. 2. c. 5.) 53
Cardinal Wolsey's Case 54
Lalor's Case in the Reign of James I. ib.
CHAP. III.
Law of Europe. — Misstatements as to proceedings of the Crown 57
No Bishop's See established at Jerusalem 58
Licence of the Crown for Dr. Alexander's Consecration to the Office of a Bishop 59
Erection of the See of a Bishop, at Gibraltar, by Letters Patent 60
The Ecclesiastical Jurisdiction of the Bishop of Gibraltar not extended beyond the Queen's Dominions 61
The Publication of the Papal Brief on occasion of Dr. Wiseman's Enthronement 63
Maintenance of the Exequatur of the Crown of France, in respect of a Papal Brief in 1820 64
Mode of publishing the Bull "Coena Domini" 65
Contents of the Brief of Pope Pius IX. 66
The Pope a Foreign Sovereign 67
Absence of Diplomatic Intercourse between England and Rome 68
Law of Europe as to Erection of Bishops' Sees 69
Cannot be erected without the Consent of the Sovereign 70
Instance of a See suppressed because the Crown had not consented to its Erection 71
Practice in England as to Erection of Sees before the Reformation 72
Practice in Europe since the Reformation 73
Roman Catholic States 74
States not in Communion with the Holy See ib.
Concordat with the Netherlands 75
Negotiations with Prussia — followed by a Bull of Circumscription 75
Negotiations with Hanover — Bull of Circumscription 76
Vicars Apostolic in Denmark Page 77
Vicars Apostolic in Sweden 78
Vicars Apostolic in Saxony 79
The Bishops of the Greek United Church in Russia 80
Erection of their Sees by an Ukase of the Empress Catherine 81
Muscovite Oath in lieu of Pontifical Oath substituted by the Pope in the case of the Irish Bishops in 1791 82
Polish and Silesian Concordats 83
The Roman Catholic Church protected in Poland 84
Bull of Circumscription for Poland 85
Papal Usurpation in regard to England 86
Law of Nations 87
Lord Stowell's Judgment as to the sanctity of long usage 88
Maintenance of the ancient practice as observed by the Pope 89
CHAP. IV.
General Law as to the Erection of Episcopal Sees 91
Territorial Bishoprics 92
Local Bishops distinguished from Bishops in partibus 93
Local Sufiragans in England under 26 Hen. 8. c. 14. ib.
Titles of Shrewsbury and Nottingham, Sees of English Suffragans, taken by the Pope 94
Respective provinces of the Royal and the Papal Authority 95
Summary mode of procedure in the present instance 96
Letter of Pope Gregory XVL to the Emperor Nicholas 97
The right of Embassy attaches to the Pope, as a Sovereign Power, not in his spiritual character of Pope 98
Mode of communicating with the Pope through the Legations at Rome 99
Allocution of Pope Pius IX. 20 May 1850 100
Debate in the Belgian Chambers 15 Nov. 1850 101
The Belgian minister withdrawn from Rome 102
Ultra-Montanism of the present Brief ib.
Cardinal Bellarmine on Papal Absolutism 103
Position of the Roman Catholic laity 104
The Synod of Thurles 105
Dr. Cullen's Appointment 106
Cardinal Fransoni's Rescript, 9th Oct. 1847 107
The proposed Catholic Academy 108
Interference of a Foreign Tribunal 109
Dr. Cullen's example in disobeying the Law 110
The Sussex Peerage Case Page 111
The office of Bishop, not of Vipar Apostolic, recognised by the House of Lords 112
CHAP. V.
Title and office of Vicar Apostolic unknown to the Canon Law 114
Mission of an Archpriest to England, in 1598 115
Mission of a Bishop in 1622 117
Four Vicars Apostolic in the reign of James II. 118
The ancient supremacy of the Pope now revived 119
Usurped authority of the Pope in matters spiritual 120
Statute of Peter-pence and Dispensations 121
The Papal dilemma as to the Law of England 122
Personal limitations of the earlier Briefs 123
Comprehensiveness of the Brief of Pope Pius IX. 124
Analogous proceeding in civil matters 125
The Synod of Thurles 126
Anomalous condition of Ireland 127
Titular Bishops of Irish Sees 128
Generous Policy of the Legislature towards Ireland 129
Separate conditions of toleration, protection, and establishment 130
Erection of a Bishopric at St. Gall 131
The Act of Union between England and Ireland 132
The principle of State-Establishment 133
Legislation adapted to variations of condition 134
System in the Austrian dominions ib.
Condition of the Roman Catholic Church in Ireland 135
Identity how far a question of religious or political principle 136
Absence of Uniformity of Law 137
Difficulty of ignoring a violation of the Law 138
Absolutism of the Papal Power ib.
Necessity of prescribing limits to it 139
Question of opportunity ib.
Practice in Belgium 140
Feelings of the English nation 141
The Pope and the new dignitaries in different categories 142
Civil and Religious Liberty 143
Spirit of Roman Catholic Laity in England 144
The Roman Catholic Bishops in Ireland 145
Spirit of the English People ib.
The Religious Orders 146
Milton's "Areopagitica" 147
APPENDIX.
(No. 1.)
Litterae Apostolicse Pii Papas IX. Latin Edition Page ii
Letters Apostolic of Pope Pius IX. English translation iii
(No. 2.)
PAPAL BRIEFS.
Brief of Pope Gregory XIII. to George Blackwell and two others, anno 1578 xxiv
Letter of Cardinal Cajetan, constituting G. Blackwell Archpriest of England xxv
Second letter of Cardinal Cajetan to the Archpriest xxix
Brief of Pope Clement VIII. to the Archpriest and others xxxi
Brief of Pope Clement VIII. to the Archpriest xxxviii
Brief of Pope Clement VIII. confirming the institution of the Archpriest xli
Bull of Consecration of William Bishop, the Elect of Chalcedon, anno 1622 xliii
Brief of Pope Gregory XV. to William, Bishop of Chalcedon xlvi
Brief of Pope Urban VIII. to Richard, Bishop of Chalcedon xlvii
Decree of the Congregation about the Bishop of Chalcedon xlviii
Second Decree of the Congregation xlviii
Brief of Pope Benedict XIV. to the Vicars Apostolic, the secular and regular Priests 1
(No. 3.)
COLONIAL BISHOPS.
Appendix A. — Despatch of Lord Aberdeen, announcing the permission of the Government for a Roman Catholic Clergyman to exercise Episcopal authority in New South Wales ixxii
Despatch from Governor Sir R. Bourke on that subject ixxiv
Votes and Proceeding of the Legislative Council ixxv
Memorial of Roman Catholic laity at Sydney ib.
Despatch from Lord Glenelg as to Dr. Polding's salary ixxviii
Appendix B. — Despatch from Lord Glenelg as tp erection of a Bishop's See by the Crown, and appointment of William Broughton as Bishop of Australia ixxviii
Appendix C. — Despatch from Governor Sir G. Gipps, as to Dr. Polding's assumption of the style and title of Archbishop of Sydney ixxx
Appendix D. — Circular of Earl Grey as to the recognition of the rank of Roman Catholic prelates in New South Wales and Van Diemen's Land ixxxi
Appendix E. — Despatch from Earl Grey as to the style of the Bishops of the Roman Catholic Church ixxxii
Appendix F. — Despatch from Governor Sir C. A. Fitzroy as to Dr. Gould's assumption of the title of Bishop of Melbourne ixxxiv
Appendix G. — Despatch from Governor Sir W. M. Gomm as to Dr. Collier being designated Bishop of Port Louis, or of Mauritius ixxxvi
Despatch from Earl Grey in reply ixxxvii
Appendix H. — The Queen's Licence to consecrate Dr. Alexander Bishop of the United Church of England and Ireland in Jerusalem ixxxix
Appendix I. — The Queen's Letters Patent, erecting the Church of the Holy Trinity within the town of Gibraltar into a Cathedral Church and a Bishop's See xci
(No. 4.)
FOREIGN LAW.
Appendix J. — Extract from the Institutes of Public and Private Ecclesiastical Law, by Father Dominick Schram. "What the Royal Placet is, and the Justice of it" xcix
Appendix K. — Extract from Giannone's History of Naples as to the Exequatur Regium civ
Appendix L. — Suppression of a Papal Bull in France, by the Parliament of Paris cvii
Appendix M. — Answer given by command of the Emperor Joseph II. to a note of the Nuncio of the Pope, by Prince Kaunitz-Rietberg cviii
Appendix N. — Allocuzione di Gregorio P. P. XVI. al Sagro Collegio nel Concistoro segreto del 22 Luglio, 1842 cxii
Appendix O. — Speech of the Belgian Minister of Foreign Affairs in the Chamber, 15 Nov. 1850 cxiv
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| September 27, 2022 | Edited by Tom Morris | merge authors |
| March 6, 2017 | Edited by ww2archive | added edition |
| April 28, 2010 | Edited by Open Library Bot | Linked existing covers to the work. |
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