The Power of the Popes: An Historical Essay on Their Temporal Dominion, and the Abuse of Their Spiritual AuthorityDaunou, P. C. F. (Pierre Claude François)
History
The Power of the Popes: An Historical Essay on Their Temporal Dominion, and the Abuse of Their Spiritual Authority
Daunou, P. C. F. (Pierre Claude François)
Papacy -- History; Popes -- Temporal power
“We may easily suppose,” they add, “that the metropolitans of Germany,
and especially those who are also electors of the empire, have borne
with much unwillingness this great diminution of their rights, with
respect to the confirmation of the new bishops, elected in their
respective provinces; and the grievances drawn up at Constance under
the emperor Sigismund, by the deputies of the provinces of Germany, and
laid before the Council of Constance afterwards, by deputies of the same
nation, as Galdart relates, clearly evinces: [here follows what we read
in the 3d chapter]: Every time that it becomes necessary to proceed to
an election, after it shall have been terminated, let it be examined
according to legal form by the immediate superior; and, if found
canonical, let it be confirmed; and let not the sovereign pontiff be
allowed in any way to attempt any the smallest thing to the contrary,
unless that the elected be immediately subject to him; in which case he
may intimate his prohibition; or, unless they have acted in some way
contrary to the regular forms: in such case, as he is bound to the
observance of the law, so is it allowable to him when any thing is done
contrary to that law, or attempted to be done, to reform it, and even
correct and punish the transgressors. We have before proved, that this
latter power belongs to the sovereign pontiff of common right. Although
the council of Constance in the 36th session, to prevent the peace of
the church being disturbed, ratified the confirmation of bishopricks,
made by popes whom it deposed shortly after; and, although it directed
the expediting and signing in its name the bulls which had never been
given to bishops who had abdicated, or who were driven from their sees;
it, nevertheless, thought seriously at the same time of reducing the
confirmation of bishops to the terms of the ancient law, since, in the
decree of the 40th session, by which it prescribed to the pope who was
about to be elected, by way of salutary caution, many points of the
great-est importance, to which in the sequel a better form was to have
been given, it inserted in the 5th article that of the confirmation of
electors. But what the council of Constance only premeditated, we know
that the council of Basle carried more fully into effect: for, after
having annulled the reservation as well general as particular, it only
allowed, that in cases where the church or the commonweal might suffer
damage, the sovereign pontiff might be resorted to for the confirma*
tion of canonical elections; adding, that if the confirmation was
refused at Rome, the new election should devolve on the chapters. For
the rest, it clearly directs, that the elections be made without
impediment; and confirmed after examination, agreeable to the
disposition of the common law. The grievances of Mayence, drawn up after
the council of Basle in 1440, and reported in Scakenburg under the term
Public-domain text, read in full here on John Shaqi.
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