Undoubtedly Pope Paul V. wished the decree made and privately instigated it, as Urban VIII. did the sentence against Galileo; and in this sense the former may be attributed to the one and the latter to the other, and the condemnation of the Copernican theory to both. But in this they acted as private persons, and as such they were not (nor would they now be), according to theological rules, “infallible.” The conditions which would have made the decree of the Congregation, or the sentence against Galileo, of dogmatic importance, were, as we have seen, wholly wanting. Both Popes had been too cautious to endanger this highest privilege of the papacy by involving their infallible authority in the decision of a scientific controversy; they therefore refrained from conferring their sanction, as heads of the Roman Catholic Church, on the measures taken, at their instigation, by the Congregation “to suppress the doctrine of the revolution of the earth.” Thanks to this sagacious foresight, Roman Catholic posterity can say to this day, that Paul V. and Urban VIII. were in error “as men” about the Copernican system, but not “as Popes.” For us there remains the singular deduction, that the sentence on Galileo rests again and again, even on the principles of the ecclesiastical court itself, on an illegal foundation. After a brief mention of the rigid examination of 21st June, the sentence comes to formulate the judgment more particularly. According to this Galileo is, (1) “in the judgment of this Holy Office, vehemently suspected of heresy, namely, of having believed and held the doctrine which is false and contrary to the Sacred and Divine Scriptures ... and that an opinion may be held and defended as probable after it has been declared and defined to be contrary to Holy Scripture;” (2) and that consequently he has incurred all the censures and penalties imposed in the sacred canons against such delinquents. “From which we are content that you be absolved, provided that first you abjure, curse, and detest the aforesaid errors and heresies in the form to be supplied by us.” Point 1, according to Romish regulations about making an opinion an article of faith, in its relation to heresy appears to be illegal and incorrect. Galileo had not laid himself open to suspicion of heresy because he had inclined to a doctrine discovered to be contrary to Scripture by the fallible Congregation of the Index. Point 2 must also, therefore, be illegal, which says that Galileo had “consequently” incurred all the censures and penalties adjudged to such criminals by the canon law.