CHURCH AND STATE.

Dominion, Volume 5, Issue 1322, 28 December 1911, Page 5

CHURCH AND STATE.

THE RECENT PAPAL DECREE.

FAR-REACHING CONSEQUENCES, By TclesraDh-Pre33 Association-Coc-jriehl London, December 25. Tho Dublin correspondent 'of "The Times" slates in referenco to the Papal Decree prohibiting Koman Catholics from suing clergy iu State courts, that transgression involves sentence- of excommunication as already pronounced, but adds that absolution from excommunication is specially reserved to tho Pope. Tho decree similarly penalises those enacting laws or decrees against the liberty or rights of tho Church. Thus every member of Vnrliamont legislating, and c\;cry executive officer promulgating such laws, comes within tho scope of the decree. The Nationalists already realise the possibilities of the decree as an instrument of battle against Homo Eule. The correspondent adds that for the second time within a few years the Church has dealt the cause of separation a heavy blow.

TEXT OF THE DECREE. The Rome correspondent of the "Tabet, writing on November 12, states :-The latest number of the "Acta Apostolicao pedis, published yesterday, contains an ■important "Jlotu proprio" of the Holy .bather regarding the censure inflicted on persons who bring ecclesiastics before the civil courts. Chapter VII. of tho Constitution "Apostolicae Sedis" inflicts sentence- of excommunication "latao sententiae on all who compel ("cogontes") ecclesiastics before the civil courts, but the interpretation of the word "cogentes" was long ago authentically fixed by a decision of the Holy Office, which, decided that tho "cogentes" wore not persons who cited ecclesiastics before the civil courts, but the authors of laws which compelled ecclesiastics to appear before tho civil courts. A famous, but now perhaps forRotton case in Scotland, had a closo connection with this interpretation, but even within tho last few years an American Bishop, who was cited in a civil court by one of his priests, publicly declared the latter excommunicated by virtue of this chapter of tho "Apostolicae Sedis," but subsequently withdrew from his position on being reminded of the interpretation of tho Holy Office. The Holy Father has now restored the word "cogontes" to its literal and more extended signification, by .tho following pronouncement: "But since in theso evil times it has been the- custom to pay so little heed to ecclesiastical immunity that not only clerics and priests but oven bishops and tho cardinals of Holy Roman Church themselves arc brought before the lay tribunals, the situation absolutely requires of us that we restrain by the severity of the penalty those whom the gravity of the offence does not deter from this sacrilegious offence- . Wherefore 'we of our own motion lay down und decree: any private person, layman or cleric, male or female, who without any permission of the ecclesiastical persons whomsoever, either in a criminal or civil case,. and compels them to appear there publicly, alljncur excommunication "latae sententiae" specially reserved to the Roman Pontiff. And what is laid down in these letters vo will to bo valid and ratified, all things whatsoever to tho contrary notwithstand-