Francisco Suárez: The Ecclesiastical power for making laws is more excellent than the civil in its end, origin, and subject

In April we published a translation of Suárez, De legibus, lib. IV, c. ix, on the way in which the civil power is subject to the ecclesiastical. We now publish the preceding chapter of the same book (De legibus, lib. IV, c. viii), which gives the foundation for that teaching— the superior excellence and perfection of spiritual power. The translation is by Timothy Wilson.

CHAPTER VIII.

Whether the Ecclesiastical power for making laws is more excellent than the civil in its end, origin, subject, and other properties.

1. Although this question has been determined in great part in the previous chapters; nevertheless, in order that the excellence of this power be illustrated better, and so that we might answer some difficulties, we have judged it to be opportune in this place. And so firstly we set down as certain, that this Ecclesiastical power in the Evangelical law is far more excellent than the civil power. This truth can readily be shown from the things which we have adduced in chapter 1 of this book, especially the third conclusion, where we have also brought forward the Doctors. It is also the common opinion of the Fathers: Ignatius, Epistola ad Smirnenses: Now I say, honor God as the author and Lord of all, and the Bishop as the Prince of priests, bearing the image of God, and the principality according to God, and the priesthood according to Christ, and after this, it is necessary also to honor the King.[1] Ambrose, De dignitate sacerdotali, cap. 2: The Episcopal honor and loftiness can be equaled by no comparisons. If you compare it with the splendor of kings, and the diadem of princes, they will be so far inferior, as if you compare leaden metal to the brilliance of gold, for indeed I see the necks of kings and of princes bowed to the knees of the priests. These words are referred and approved by Gelasius in the c. Duo sunt, dist. 96. And Innocent [III], in the c. Solitæ, de maiorit. et obedient., compares these two powers to the Sun and the Moon. And, Chrysostom, in De sacerdotio, lib. III, says: The priesthood is so much more excellent than the kingdom, in the same degree as the spirit and the flesh are distant from one another. This opinion he follows, and amplifies, in his Homilia 60 in Matthæum, saying: If the prince be crowned with the diadem, but accedes unworthily, forbid him; you have greater power than he. And he says many similar things in Homiliæ 4 and 5 on the words of Isaiah 6, I have seen the Lord, etc., and in Homilia 3 ad populum, a little ways from the beginning, where, speaking of Flavian, he prefers him to the Emperor, and says that he has a sword, not indeed of iron, but spiritual. And we shall refer many things from the Fathers in the following chapter. But in the aforementioned places, they almost always speak generally of the priestly power according to its entire amplitude, including the power of order, according to which it embraces the power of censuring, of remitting sins, of creating priests, etc., and simultaneously the power of jurisdiction, which also includes the dispensation of the spiritual treasure of the Church, and the power of binding and loosing through censures, and many other things. This power being considered in such universality, it is clearer than day, that it is far more excellent than the civil power. Now here we speak not only in this mode, but also precisely in discussing these powers under the aspect of legislative power. And thus we also say, that the Ecclesiastical power is preeminent, as Pope Boniface clearly says in Extra., Unam sanctam, de maiorit. et obedient. And the reason can be given from what has been said in chapter 1, that this power (even insofar as it is legislative) is of the supernatural order; while the civil power is natural, as has been shown above: therefore the former is more excellent in its being [esse] and substance. And this difference can be established between these two powers, which is sufficiently clear from the things said in chapter 1, and it shall be further explained forthwith. But in order that the excellence of this power be made clearer, there are some other differences which are to be assigned on the part of the causes, and principles, and actions of both powers.

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The Question of Catholic Integralism: An Internet Genealogy

This piece, a genealogy of integralism, first appeared on John Brungardt’s blog here.  It provides an excellent overview of the intellectual development and history of integralism as well as the current state of play between integralists and their critics.

–The Editors

By John G. Brungardt

The purpose of this post is to recall the contours of the debate about Catholic integralism that have taken place in the “Internet Republic of Letters” over the past several years. The post is part genealogy, part introductory survey, and part reflection on the warp and woof of a discussion that is now intertwined with others in the public square. I do not aim to break new ground, but I do hope to provide a reflective tour for newcomers or recollection to familiars of the debate’s high and low points. Learn or take from it what you will.

Why consider “Catholic integralism” at all? One reason is to clarify the difference between understanding the principles of political philosophy and Catholic social teaching versus a discussion of practical statecraft and “soulcraft,” the realm of particular actions and practical decisions. The question of integralism framed solely on the terms of the latter’s demands easily results in conclusions such as Rod Dreher’s, that “integralism is a dead end,” or George Weigel’s, that integralism is a “game intellectuals play,” or, worse, the verdict that it is “an internet aesthetic of mostly young men alienated from the public life and consumed with the libido dominandi.” Integralism’s proponents have also been accused of the opposite mistake, namely, of speculative errors concerning the difference between power and authority, or of lacking a speculative vision altogether, or, some wonder, misrepresenting Catholic social doctrine. Consequently, achieving some measure of clarity about the proper register of the question—is it speculative, practical, pragmatic, rhetorical?—and the corresponding answer is desirable.

Another, deeper reason is that, since the question of Catholic integralism concerns properly understanding first principles (nature and grace, faith and reason, the hierarchy of common goods) and acting with regard to those principles in concrete affairs that must take into account not just days or years but decades and centuries, it makes no little difference what the true answer is, even if that answer must come with many parts and qualifications. For human life must be ordered by that eternal truth in which the vicissitudes of human history participate. The task of the examined life is that each one in each generation know the measure of that standard, insofar as he or she can know it. To do so, we must begin dialectically, by seeing the questions and the arguments clearly.

So, what ought we to think of the question of Catholic integralism? Does it propose a deep truth or a dangerous falsehood?

Some Basics

First, what is integralism? The now most-referenced definition is the “Three Sentences” definition from The Josias, which one finds referred to numerous times in the essays listed below:

Catholic Integralism is a tradition of thought that rejects the liberal separation of politics from concern with the end of human life, holding that political rule must order man to his final goal. Since, however, man has both a temporal and an eternal end, integralism holds that there are two powers that rule him: a temporal power and a spiritual power. And since man’s temporal end is subordinated to his eternal end, the temporal power must be subordinated to the spiritual power.

The key to understanding “the two powers” in this definition is to understand what “spiritual” means in the definition. In “A clarification on integralism,” the philosopher Edward Feser notes that the question ought not to be whether one is for or against integralism, but for or against what sort of integralism. The natural law mean standard, Feser argues (and it is bound to sound like an extreme to many), is that “a generic theism should be affirmed by the state and that government policy should be consistent with the principles of natural law.” However,

the debate over Catholic integralism has to do with whether specifically Catholic doctrines, which concern our supernatural end and are matters of revealed theology, should have an influence on public policy. The state should favor theism, but must it favor the Church?

Immediately, one sees why the integralism question is, by the vast majority of people, taken to be too irrelevant, if not too dangerous, a topic to take seriously. Haven’t the issues of “Church and State” been decided by the modern political synthesis of the post-Enlightenment? Didn’t Vatican II decisively condemn 19th-century notions of religious liberty?

To explain the “sort” of integralism one is asking about, Feser proposes three options: soft, moderate, or hard integralism. Hard integralism maintains that “it is always best for the Church to try to implement integralism as far as she can,” while soft integralism holds that “though in theory the state may and ideally should favor the Church, in practice this is extremely unlikely ever to work out very well.” Naturally, moderate integralism

falls in between these extremes. Whereas the soft integralist thinks it is never or almost never a good idea to try practically to implement integralism, and the hard integralist thinks it is always or almost always a good idea to do so, the moderate integralist thinks that there is no “one size fits all” solution and that we have to go case by case. In some historical and cultural contexts, getting the state to favor the Church might be the best policy, in others it might be a very bad policy, and in yet others it might not be clear what the best approach is. We shouldn’t assume a priori that any of these answers is the right one, but should treat the question as prudential and highly contingent on circumstances.

Nor does one have far to look to find an example of a moderate integralist of no small stature. In The State in Catholic Thought (1945; reviewed here by Leo Strauss), Heinrich Rommen writes:

A union between Church and state, or better a cooperation in concord and unity of both, would mean mutual respect for the independence of each in suo ordine. … It needs no proof that such a union is possible as a practical policy only where the people of the state are in great majority Catholics. Yet under this condition the union is actually no problem at all, but simply a truism. Therefore it would be wrong to say that such a union between state and Church is a necessity or should always take place. The condemned thesis 55 of the Syllabus of 1864 (the Church should be separated from the state, and the state from the Church) does not imply this. The true thesis would demand that the circumstances be considered. St. Robert Bellarmine expressly states that state and Church may live in union or in separation, because fundamentally each can exist without the other. (pp. 595–96)

Still, for the contemporary reader, this simply reinforces the previous concerns about theoretical and political relics. It also clearly raises profound metaphysical questions about assumptions Rommen is making. Isn’t it long past the time when such ideas, or such discussion, were practical, let alone thought to be true or relevant? Don’t proposals like Rommen’s involve, somewhere in the footnotes, writs of Inquisition and coercion of religious belief?

Kevin Vallier says that the knee-jerk reaction argument against integralism usually goes something like that:

If integralism is true, religious coercion is not wrong.
But religious coercion is wrong.
Therefore, integralism is false.

However, Vallier adds:

I don’t think integralism can be so easily dismissed. The reason is that integralism has a certain elegance and simplicity and even obviousness. It tells us that states should help people achieve their ultimate good. Besides feasibility worries, why wouldn’t this be the best thing for the state to do? Are non-integralists really asking the state to do less than the best? Doesn’t that just sound crazy when we state it openly?

And indeed, many non-integralists defend the current model of the now centuries-old, minimalist, secular, and in principle non-confessional status of liberal political order. In the academic jargon, “the public good” is a “thin” one, not a “thick” one. Thus, the question becomes manifold: one of the good, the political good, and the ideal political regime simply speaking versus the best one achievable practically speaking (Politics, 1288b37). So Vallier concludes, “What anti-integralists need is a satisfying explanation as to why integralism is axiologically false. The anti-integralists need to explain why integralism has the wrong conceptions of value, reasons, and practical rationality.”

Some Origins

To gain only some of the historical sensibility required to appreciate how far back into the formation of modernity and the disintegration of Catholic Europe this question takes one, read this essay at First Things on the 1782 Decree on the Dissolution of Religious Orders in Austria. That is, the deep background to the question of Catholic integralism in the face of modern nation-state democracies began with earnest during the long 19th century, when the issue of the compatibility of the Catholic faith and (then) modern liberalism was raised.

For instance, a positive answer to the compatibility question was put forward in L’Avenir by Montalembert, Lamennais, and Lacordaire. This led to a wide-ranging and controverted debate and even outright conflict that—when combined with many other strains of 19th-century secular thought—culminated in Pope Pius IX’s Quanta Cura (1864) and its appended Syllabus of Errors, mentioned above by Rommen. This 19th- and early 20th-century backdrop also has many other parts, some now long-forgotten by most (e.g., Ralliement and Action française, among others).

Why, then, is Catholic integralism a topic of discussion now? That answer also has many parts. A first part is the work of Fr. Edmund Waldstein, O.Cist., among the founders of The Josias, the “online manual” of Catholic integralism. Rod Dreher once called Fr. Waldstein “perhaps the foremost advocate of [integralism] today.” For the roots of Catholic integralism stretching back even further than 19th-century Catholic politics, one must read Waldstein’s essay “Integralism and Gelasian Dyarchy,” which he described as his “fullest account to date of what I call ‘integralism’.” In the (perhaps) near future, that account will be surpassed by a book-length treatment.

But there is another, non-integralist side to this origin-story that must be noticed, what Deneen in a 2014 American Conservative article called “A Catholic Showdown Worth Watching.” Deneen outlined two Catholic responses to political liberalism in the 20th century. The first is an older tradition of Catholic compatibilism—also of late called Catholic fusionism—which proposes that “there is no fundamental contradiction between liberal democracy and Catholicism” or (from the fusionist angle) that “the principles of American conservatism and those of Catholic social teaching might be seamlessly and unproblematically combined.”

The second is a newer “radical” camp (in which Deneen included himself):

The “radical” school rejects the view that Catholicism and liberal democracy are fundamentally compatible. Rather, liberalism cannot be understood to be merely neutral and ultimately tolerant toward (and even potentially benefiting from) Catholicism. Rather, liberalism is premised on a contrary view of human nature (and even a competing theology) to Catholicism.

Deneen pointed out that this group included (and still includes) prominent thinkers like Alasdair MacIntyre and David L. Schindler. As for his own questioning of Catholic-liberal compatibilism—of course, this was before his 2018 book Why Liberalism Failed—Deneen pointed to his essay written two years earlier in First Things, “Unsustainable Liberalism.” That essay also sparked a series of debates, including a lengthy one at Public Discourse.

These radical, “illiberal Catholics” (a charge mentioned in Deneen’s 2012 American Conservative piece, and answered, among many others, by Waldstein here) now tends to go by the name “post-liberal Catholicism,” a moniker that became popular after the so-called “Franco-Persian Wars,” the debates between David French and Sohrab Ahmari over the possibility, plausibility, and desirability of “a public square re-ordered to the common good and ultimately the Highest Good.”

The debate over the compatibility of Catholicism and liberalism, then, is a broad question raised both back in the 19th century (about the old liberalism) and now again in the 21st (about a new liberalism, where “liberalism” often signifies a confusing mélange of Locke, Rousseau, post-progressive era thinking, and soixante-huitard leftism). And all this despite its being given an apparently conclusive answer during the 20th century. But the broader, renewed question of compatibility and the new Catholic integralism’s proposed solution did not remain separate.

The Debates, A Brief History

One should know that neither is the question of the coherence or “sustainability” of liberalism new to contemporary debate. Take Ernst-Wolfgang Böckenförde, for instance:

The liberal, secularized state lives by prerequisites which it cannot guarantee itself. This is the great adventure it has undertaken for freedom’s sake. As a liberal state it can only endure if the freedom it bestows on its citizens takes some regulation from the interior, both from a moral substance of the individuals and a certain homogeneity of society at large. On the other hand, it cannot by itself procure these interior forces of regulation, that is not with its own means such as legal compulsion and authoritative decree. Doing so, it would surrender its liberal character and fall back, in a secular manner, into the claim of totality it once led the way out of, back then in the confessional civil wars.

That is, Böckenförde’s dilemma or paradox is that liberalism, if it were to attempt to guarantee its institutional, cultural, educational, and moral prerequisites, would have to be illiberal, give up its claims of substantive neutrality concerning the good life for human beings, and “fall back … into the claim of totality.” Besides Böckenförde’s paradox of liberalism, one could consider the debate between perfectionist liberalism and political liberalism. The question of the totalizing claims of the complete human end, then, is inescapably the foundational question of political order—liberalism of any sort cannot claim to be anything more than an answer.

The question of Catholic integralism and the broader, more recent debate about sustainability of liberalism did finally meet. For instance, the Closing Colloquy of the Center for Ethics and Culture’s 2018 Fall Conference at Notre Dame featured a discussion between Patrick Deneen, Phillip Muñoz, Gladden Pappin, and Adrian Vermeule (discussed by Rod Dreher here and here). “Liberalism vs. Integralism” was also the theme of a conference held earlier in 2018 at Harvard, hosted by the Thomistic Institute.

As one can easily see by perusing the conferences and their reports, the substance of the discussions were animated not merely by the debates mentioned above. Some of the new discussion material was from the post-liberalism element—especially Deneen’s recently published Why Liberalism Failed—other was provided by Adrian Vermeule’s integralist critique of Deneen’s solution.

Now, these debates on prominent university campuses over the nexus between the question of liberalism generally and the question of Catholic integralism specifically had already cropped up before these 2018 conferences in various loca of the “Internet Republic of Letters.”

First Things

First Things during 2017 published reviews of Legutko’s The Demon in Democracy (by Vermeule, titled “Liturgy of Liberalism”) and Willard Jones’s Before Church and State (by Waldstein, under the title “An Integralist Manifesto”). It published essays on a strategy for Christians living in liberal nations (again by Vermeule), as well as an interview about “The Possibility of a Catholic Social Order” and a call for a “humane integralism.” The tension continued to be that between the concern for discerning the truth of Catholic principles and the practicality of how to apply them in the concrete historical order, between nostalgia for the achievements of past cultures and strategizing in the now with little-to-no societal room to maneuver.

The question of principle and policy provides the occasion to note Thomas Pink’s earlier, 2012 First Things essay, “Conscience and Coercion.” In it, Pink argues that Vatican II’s Dignitatis Humanae changed the Church’s policy, not her principles or doctrine, in regard to the religious liberty of individuals, an essay that generated not a few reader responses (wherein one also finds letters about Deneen’s “Unsustainable Liberalism,” published in the same issue as Pink’s essay). The issue of the coercion of believers—that compelle intrare (Luke 14:23) so heatedly debated in the early modern era—is a subset of Pink’s debate with Fr. Martin Rhonheimer in issues of Nova et Vetera, a debate carried on at the 2015 Notre Dame Center for Ethics and Culture Fall Conference.

The broader issue yet, then, is the same question of Catholic integralism. Pink’s position is decidedly in the minority. The majority view is clear from the vehement and profuse reaction to First Thing’s early 2018 article by Fr. Romanus Cessario, O.P., “Non Possumus,” a review of the 2017 publication of the memoirs of Edgardo Mortara.

As an aside, the “new” Mortara affair was impactful enough to be able to function as the opening framework of Schwartzman and Wilson’s 2019 law review article “The Unreasonableness of Catholic Integralism” (which also has a useful bibliography in its footnotes, apart from citing most of the above sources). However, as Kevin Vallier pointed out about the article’s judgment of Catholic integralism generally, its definitional approach is Rawlsian, and thus conceptually incommensurable with integralism’s premises about the human person and what it means to be reasonable. At issue is not a technical debate, but a deeper metaphysical discussion that answers first-principle level questions about what it means for individuals to act and how they ought to act.

After early 2018, integralism did not make much of an appearance in First Things, at least until the return of talk of “the common good and the Highest Good,” the start of the debate turned speaking tour between Sohrab Ahmari and David French. Ahmari’s essay, “the article that launched a 1,000 think pieces,” did not touch upon integralism or the coercion of the baptized per se. Nonetheless, that debate over the true nature and coherence of liberalism and the America’s political and providential constitution had the long-range effect of continuing to join the two debates. More to come below.

Public Discourse

Nor did the debate over integralism escape the editorial eyes or professorial pens at Public Discourse. In May 2018, citing as occasions the essays from First Things and the Harvard conference noted above, as well as various discussions of Deneen’s Why Liberalism Failed, Joseph Trabbic defended the continued, doctrinally normative character of a Catholic confessional state as the ideal political arrangement. (Later in 2019 Trabbic wrote a three-part series for Catholic World Report, “Thomism and Political Liberalism,” to illustrate how “there are some pretty stark and irreconcilable differences between Thomas’s political theory and liberal political theory”; see Part 1, Part 2, Part 3.)

Trabbic’s essay received a fierce response from Robert Miller, who called Trabbic’s thesis “almost the exact opposite of the truth,” and argued that “integralism is contrary to Catholic doctrine.” Miller’s essay prompted responses, among others, by John P. Joy (at another venue) and by Thomas Pink at Public Discourse in August 2018. Miller, along with Lawrence King, responded to Pink and Joy in early 2019. As one might expect, these debates hinge heavily on how to properly understand Vatican II’s declaration Dignitatis Humanae. A December 2019 article by Matthew Shadle continued the response to Pink, presenting further nuances of the debate over evolution, rupture, or development of religious freedom doctrine in Dignitatis.

But Public Discourse did not merely present debates over fine points of Catholic doctrine; the scope was broadened. The May 2019 essay by Korey D. Maas, “The Coming Anti-Catholicism,” after reviewing and citing nearly all of the above genealogy, concluded that “insofar as prominent and influential Catholics insist that Catholicism is fundamentally incompatible with the liberal tradition, liberals will feel increasingly justified in reaching the same conclusion.” That is, apart from the proper grasp of theological principles, a certain “Realtheologie” looms large in integralism’s and Catholic post-liberalism’s cultural scene. We could, argued Gerard Bradley, learn certain lessons from integralists’s “thought experiments” by taking them as accurate diagnoses of current problems, but that is all. Yet as recently as this May, in “Integralism, Political Philosophy, and the State,” Thomas Pink has replied to both Bradley and Shadle that integralism’s political philosophy is more realistic in its understanding of how states—confessional or secular—actually function.

Church Life Journal

Caleb Bernacchio’s “The Anti-Integralist Alasdair MacIntyre,” published by Notre Dame’s Church Life Journal in early 2018, argued to separate MacIntyre’s critique of liberalism from the integralist position, saying that given MacIntyre’s critique of modernity “there is no need to pursue the impossible and nostalgic goal of returning to an integralist state.” A positive exposition by Waldstein, “What Is Integralism Today?”, was published later in 2018 (coinciding with the above-mentioned Center for Ethics and Culture colloquy at Notre Dame).

Waldstein’s answer to the quid sit question led to a brief debate at CLJ, between Waldstein and Timothy Troutner, over the true nature of integralism. In his “The Integralist Mirroring of Liberal Ideals,” Troutner argued that “criticizing integralism need not imply a defense of liberalism,” and that “integralism flourishes by posing this false dichotomy, by defining itself as the theologically orthodox antithesis to a heretical liberalism.” Waldstein’s response, “Integralism and the Logic of the Cross,” argued that

Troutner’s conclusion that integralism must be rejected by Catholics is, however, false. The arguments that he uses to support it are based on exaggerations and misunderstandings. He tries to distinguish his own understanding of freedom and equality from the liberal understanding. But he does not distinguish them enough. For Troutner, as for liberals, freedom and equality are opposed to hierarchy and obedience. Whereas, in reality, true freedom and true equality depend on hierarchy and on obedience.

Other Criticisms and Defenses

Apart from the above journals, various other criticisms, defenses, and interweaving themes could be mentioned, bringing this review from 2019 to the present. Recent debates over “common good constitutionalism” and the continued rethinking of American conservatism or European populism and nationalism also bear upon this question, to varying degrees of remove. Some of these are listed below, and I’ll not discuss them in detail.

I will, however, note two of the most substantive in passing: Park MacDougald’s thorough review of the recent history of issue, “A Catholic Debate over Liberalism,” published in City Journal, and Michael Hanby’s “For and Against Integralism,” published in First Things in March. MacDougald’s history also illustrates what I’ve sketched here, namely, the joining of general discussions about the sustainability of modern political liberalism. Hanby’s essay and the reader replies show that the debate about Catholic integralism is, ultimately, about the metaphysical foundations of politics and their relevance for political practicalities and deep moral and cultural conversion.

Perennial Questions about the Highest Good

It is patent from reviewing the topics, reasons, and interlocutors in the above debates that the question of Catholic integralism today does not turn upon irrelevant or insubstantial issues, but rather concerns perennial and foundational principles of political order. It is rash to think otherwise when the question is being discussed at the highest levels and in the profoundest terms. If one presses beyond the internet-based essays and into the recent books cited or past thinkers relied upon, it is impossible not to see that the stakes for getting the answer to the question of Catholic integralism right are immense.

This is because the debate has made compelling and even pressing the reconsideration of questions that many had long considered culturally settled. What is the proper understanding—if a rational defense of its existence is to be had—of a common good beyond the political order? What vision of human perfection ultimately sets us free in the profoundest sense? What is the proper relationship between the Church and the modern nation-state? Is there a clear meaning of “liberalism” that proposes the true account of that relationship, or must liberalism cede to the “new Catholic integralist” account? If so, what is the true nature of religious liberty?

And it is not as if clear—albeit controversial and in some cases unconvincing—answers to such questions have failed to be given in the various essays cited throughout this review. And achieving such sound speculative vision is a sine qua non to advance, for, as Fr. Thomas Joseph White said in his closing “exhortation” at the Harvard conference mentioned previously: “Practical truths are grounded more fundamentally in speculative or theoretical visions. And vision always wins out in the end.”

Concluding Thought

I’d like to end by quoting a passage from the introduction to Rommen’s The State in Catholic Thought. There, Rommen defends the idea that a perennial political philosophy exists, and that, in the providential contingencies of history, it has been taken up into the Catholic Church. It is a “Catholic political philosophy” in a contextual and not an essential sense, that is, “the adjective ‘Catholic’ here means, so to speak, the place where this philosophy grew and found its home. It does not imply that this political philosophy is based on theology or revelation. It is based on natural reason and on rational principles” (p. v).

As a consequence, the unfolding application of its principles, like the apparent fluctuations of the content of natural law through history, can be traced to a similar matrix of causes. The “ebb and flow” of human affairs and the human limitations of circumstance and character to the realizing of higher goods in political community causes an apparent but not real variation of the truth:

Some critics forget that this is an everlasting process which is repeated again and again in all fields of intellectual life. Thus the new democratic and social ideas of the eighteenth and nineteenth centuries could be fully received only after a process of toilsome clearance in embittered discussions, as, for instance, in the controversies between Lacordaire, Montalembert, and the Catholic liberals in France, and the adherents of monarchy. These internal disputes do not destroy the unity of polar tension. No new philosophy is founded; only new problems are put before the philosophia perennis, that is by no means a static and brittle system. To be sure, Catholic political philosophy as a part of this philosophia perennis may be called conservative. It does not easily give up what has proved its value in long experience for alluring but unproved new ideas. But, on the other hand, it is not compelled to mummify theories and opinions in a stubborn conservatism that is closed to the perpetually changing life of God’s creation. What may be called linear thinking goes straight out from one pole or from one idea of the cosmos of ideas, which every true philosophy is. This idea, cut off from its interrelations and interdependencies with the cosmos, it then fanatically thinks to a finish. Thus it becomes radical individualism or socialism or totalitarianism or anarchism. This linear thinking, so characteristic of the modem mind and its countless isms, is a stranger to Catholic political philosophy. For Catholic political philosophy is ‘spheric’ thinking. Of the interdependencies and the mutual relations between ideas as united in a spheric cosmos and the concordance of these, spheric thinking must be always aware. This explains the unity in diversity, the conservative perseverance in principles and the flexible progressiveness, promoted by the disputes of the schools, in the application of the identical principles in a ceaselessly changing life. (pp. 22–23)

Recall that the same author, some 500 pages later, defends the possibility and ideal of a Catholic confessional state. Perhaps there are unresolved tensions in Rommen’s presentation of the “spheric thinking” of perennial political philosophy. Clearly they still exist unresolved in the discussion at large today.

* * *

Select Bibliography (Listed in Approximate Order of Appearance/Reference)

Basics and Origins of Integralism

Post-Liberalism

First Things

Public Discourse

Church Life Journal

Scattered Notices, the Latest

American Affairs

Vermeule & Common Good Constitutionalism

Discussions in the Academy

Some Academic Publications

Crean, O.P., Thomas, and Alan Fimister. Integralism: A Manual of Political Philosophy. Neunkirchen-Seelscheid: Editiones Scholasticae, 2020.

Schwartzman, Micah, and Jocelyn Wilson. “The Unreasonableness of Catholic Integralism.” San Diego Law Review 56, no. 4 (2019): 1039–67.

Anglo-American Originalism: A Satire

Author’s Note: One evening, I was reading the Federalist Papers and fell into a trance, no doubt hypnotized by the blessings of Liberty, such as the taxing power. In my trance, I was, I believe, shown this piece, which represents originalism as it perhaps is in another world. Given Adrian Vermeule’s attack on our founding documents of the 1980s, I thought the time was right to reveal what had been shown to me.


One hears much today about the Anglo-American conservative tradition, consisting of such nice, liberty-loving men as Edmund Burke, Alexander Hamilton, John Marshall, and Joseph Story. There are any number of other names that are enrolled—enshrined, even—among the heroes of the Anglo-American conservative tradition. It is not uncommon to read people waxing very tender about the common law and all the innovations of the common-law courts. Prose poems to limited government, due process, and liberty are thick on the ground. 

At The American Mind, for example, some of the leading lights of the conservative movement have turned to the Anglo-American conservative (legal) tradition to answer Adrian Vermeule’s “common-good conservatism” argument from The Atlantic. Vermeule wishes to jettison originalism in favor of a robust judicial and legislative approach ordered to the common-good. One would have thought that Catholics would acknowledge Vermeule’s approach as just about the only approach on offer. Indeed, the Second Vatican Council’s Pastoral Constitution on the Church in the Modern World, Gaudium et spes, which might fairly be called the Church’s great approach to modernity, calls for the state to seek the common good and total well-being of its citizens (nos. 74–75). One would be sorely disappointed in that expectation, though. This leads to endless, unedifying recitations of all the old chestnuts about the Anglo-American tradition. 

But the Anglo-American tradition, one surmises from all these interventions, is no older than 1687 or so, except for occasional fragments of earlier times. One might hear about Magna Carta or the Habeas Corpus Act 1679 (31 Car. II c. 2). One might, if one listens closely, hear whispered the names of Bracton or Coke. But for the most part, history begins in 1687. However, to begin the Anglo-American tradition on the cusp of the so-called Glorious Revolution is to do violence to the tradition. One example of this tradition, which leaps off the page and offers a rebuttal to Vermeule, is the long history of common law and the statutory punishment of heresy in England. These laws, which have a surprising source, spanned Catholic and protestant reigns. 

The punishment of heresy is a significant component of the English tradition and part of the Anglo-American tradition. Vermeule’s critics seem, therefore, to be missing a golden opportunity to meet Vermeule on his own turf. He calls for common-good conservatism: a strong president assisted by strong administrative organs and a compliant judiciary ordering the state to the common good in accordance with Catholic doctrine and right reason. A deep understanding of Anglo-American tradition, rooted in the lived laws and customs of England and the United States, demonstrates conclusively that the government already has the sort of power Vermeule seeks—and more. Why not answer Vermeule by reminding him of the English tradition of burning? This common-law tradition, which spanned centuries, made its way into American common law. One need not jettison the jurisprudential achievements of the 1970s and 1980s for the state to have the sort of power Vermeule seeks. To recover the whole Anglo-American tradition, therefore, is to find the perfect answer to Vermeule.

The tradition begins in some sense with Frederick II, the great Hohenstaufen emperor, who promulgated decrees against heresy. Known by their incipits, Commissi and Inconsutilem (MGH Legum II, ed. Pertz, pp. 288, 327), Frederick’s decrees are part of a tradition of imperial legislation against heretics. For example, Justinian’s Codex begins with a long decree about orthodoxy and heresy (1.1). Frederick’s decrees, however, are marked by their salutary severity, imposing the death sentence upon heretics. This is one of history’s ironies, considering that Innocent IV, at the Council of Lyons, deposed Frederick for, among many complaints about Frederick’s personal conduct and public administration, the crime of heresy. Of course, the laws themselves were not tainted by their association with the infamous Hohenstaufen. Following Frederick’s death, Boniface VIII ratified these constitutions specifically with the decretal Ut inquisitionis negotium (c.18 in Sexto 5, 2). 

As an aside, Frederick II’s value as an integralist model becomes clearer in this context. Indeed, it is necessary to consider Frederick in the same breath as St. Louis IX, recently the subject of Andrew Willard Jones’s (mostly) excellent Before Church and State. Whatever happened later, Boniface’s approbation demonstrates clearly that, when Frederick promulgated Commissi and Inconsutilem, he was acting in a manner congenial to the Roman Church. More than that, he was acting in a manner that the pope felt all rulers in the west should emulate. One can deplore Frederick’s disagreements with Innocent III, Gregory IX, and Innocent IV while still admiring the actions he took that later met with the Church’s approval. Simply pointing to the ultimate dispute between Frederick and Innocent IV is inconsistent with the Church’s actual attitude toward the great Hohenstaufen. 

Frederick’s decrees, of course, were imperial legislation, not applicable in other realms of their own force. However, Bishop William Lyndwood, the eminent English canonist, held that Boniface VIII’s decretal made them part of the common law of the west. In his Provinciale, as Maitland and Pollock have noted, Lyndwood had to answer the question why heretics were burned in England. Lyndwood found the answer in Archbishop Thomas Arundel’s January 1408 constitution Reverendissimae, in the phrase “poenas in jure expressas” of the first chapter, Quod nullus. Expanding upon the phrase, Lyndwood pointed to the decretal Ut inquisitionis negotium and the constitutions Commissi and Inconsutilem. In other words, the punishments found in the law, according to Lyndwood, were the imperial punishments endorsed by Boniface VIII. 

From our vantage point, this is an amazing argument. By means of the canon law, Pope Boniface VIII made Holy Roman Emperor Frederick II’s constitutions Commissi and Inconsutilem binding in England, so that Archbishop Arundel could simply allude to them in his constitution Reverendissimae. To put it another way, the Pope inserted into English common law the decrees of the Holy Roman Emperor. 

Today, it is a hopeless, thankless task to get anyone to read Pope St. John Paul II’s canons 1311 and 1312, stating the Church’s right to coerce the faithful even in terms of temporalities, much less John Paul’s assertion in his constitution Sacrae disciplinae leges that the 1983 Code, which presumably includes canons 1311 and 1312, presents the true ecclesiology even of the Second Vatican Council. One hears flowery rejections of ecclesiastical coercion, even from people who might otherwise be expected to scan the Code of Canon Law and John Paul’s apostolic constitution promulgating it. One can scarcely imagine the reaction to Lyndwood’s argument that the pope can make foreign law into common law merely by approving it. 

Lest anyone suggest that the good kings of England resisted the encroachments of popish tyranny, it ought to be noted that English statutory law conformed with the European common law established by Boniface VIII. During Richard II’s minority, a statute was adopted in his name authorizing the arrest and imprisonment of heretical preachers (5 Ric. II stat. 2, c. 5). Then, under Henry IV, a very severe statute against the Lollards was introduced (2 Hen. IV c. 15). Many cite Henry IV’s statute as the beginning of the writ de heretico comburendo. However, in his magisterial Roman Canon Law in the Church of England, Maitland argues that Archbishop Arundel had the Lollard priest William Sawtrey burned even before Parliament had actually passed the statute (on the strength of Boniface VIII’s Ut inquisitionis negotium and Frederick’s constitutions). Certainly there is no conflict between the two. 

Then, in 1414, Henry V renewed the severe legislation against the Lollards (2 Hen. V stat. 1, c.7), demanding first an oath from practically everyone engaged in civil administration for the extirpation of Lollardy and for close cooperation with the spiritual authorities in their work against heresy. He also provided for the forfeiture of the lands and property of those convicted of heresy. Blackstone notes that Henry V’s law against the Lollards made that heresy a temporal offense and claimed concurrent jurisdiction with the ecclesiastical courts. This is an interesting observation, which deserves to be repeated: Henry V made heresy a temporal offense. These three statutes (5 Ric. II stat. 2, c. 5, 2 Hen. IV c. 15, and 2 Hen. V stat. 1, c. 7) were renewed by Philip and Mary in 1554 (1 & 2 Phil. & Mar. c. 6). 

The English legislation against heretics was not limited to Catholic monarchs. In 1562, although Elizabeth repealed the prior statutes against heresy (1 Eliz. I c. 1), she reformed the process for the writ de excommunicato capiendo by the statute 5 Eliz. I c. 23. The purpose was not, as one might think, to suppress the state’s cooperation with ecclesiastical authority. Instead, Elizabeth’s statute was framed to ensure the due execution and return of the writ so that the excommunicated could be properly addressed by ecclesiastical authorities. Blackstone reliably informs us that Elizabeth also put the writ de heretico comburendo into execution against Jan Pietersz and Hendrick Terwoort (4 Commentaries *49). It was not until 1677 that Parliament finally abolished the writ de heretico comburendo (29 Car. II c. 9). However, the statute contained a lengthy proviso that the abolition of the writ did not diminish the jurisdiction of “Protestant Arch-Bishops or Bishops or any other Judges of any Ecclesiasticall Courts in cases of Atheisme Blasphemy Heresie or Schisme and other damnable Doctrines and Opinions” to punish offenders. 

One might also note that, while the monarchs of the so-called reformation were eager to roll back the heresy laws of Richard II, Henry IV, and Henry V, they were also eager to punish witchcraft most stringently. Henry VIII, Elizabeth, and James all issued severe laws against witchcraft (e.g., 33 Hen. VIII c. 8; 1 Jac. I c. 12). James in particular made witchcraft a secular felony, punishable with death, echoing Henry V’s statute making heresy a temporal offense. Blackstone notes that heresy and witchcraft had been treated similarly in English law (4 Commentaries *60). However, witchcraft was ultimately removed from the judgment of the ecclesiastical courts. But by the time of George II, the ancient severity of the English law against witchcraft had been relaxed significantly, to the point where the law seemed to hold that only the pretense of witchcraft was punishable and then only with a year’s imprisonment (4 Commentaries *61). 

All of this is interesting as English legal history, to be sure, but one might justly wonder the extent to which it has any bearing on American jurisprudence. There are two answers to that question. First, English legal history served as the omnipresent background for the founding fathers. Coke’s Institutes and Blackstone’s Commentaries were the cornerstone of early American legal education and jurisprudence, and retain, as a consequence, a privileged place in the understanding of the founding fathers’ legal thought. The founding fathers, moreover, were not above borrowing specific concepts from English law. Alexander Hamilton, in describing the Senate as a high court of impeachments in Federalist No. 65, noted frankly that the Constitution’s arrangement for impeachments had been borrowed from England. 

The long history of Christianity and English law—indeed of the extent to which secular courts were obliged to follow ecclesiastical law—was certainly not unknown to the founding fathers. In February 1814, Thomas Jefferson forwarded an extract of his commonplace book to Dr. Thomas Cooper. Jefferson had obtained for Cooper appointment as a professor in the University of Virginia, which he was forced to resign over religious matters. Jefferson’s extract is a long summary treating the question of whether Christianity was part of English common law. After listing numerous authorities in support of the proposition that Christianity was in fact part of the English common law, Jefferson, ever the freethinker, attempts to prove it was never so. But Jefferson never quite manages to batter down the judges, including Sir Matthew Hale’s judgment in Rex v. Taylor, I Ventr. 293, 3 Keb. 607 (1676). In forwarding the extract to Cooper, Jefferson suggested that Cooper might “find the conclusions bolder than the historical facts and principles will warrant.” 

The other answer is this: the English common law is part of the organic law of many states. Often one reads in state law that the English common law as of the fourth year of the reign of James I (1607) is received as part of the law of a state. No doubt this date is connected to the establishment of James Fort, later known as Jamestown, by the Virginia Company in May 1607, after which courts sitting in the United States adopted and developed the common law. While Elizabeth repealed Philip and Mary’s renewal of the older heresy statutes, it is clear that Elizabeth’s common law included the writ de heretico comburendo and the writ de excommunicato capiendo. The former would not be abolished until 1677 and Elizabeth herself reformed the procedure for the latter in 1562. It stands to reason, therefore, that Frederick II’s stringent decrees against heresy, made part of English common law by Pope Boniface VIII, lurked in the body of the common law as it made its way to the New World. 

The founding fathers, most of whom knew their Blackstone as well as anything, would no doubt have read in the fourth volume of Blackstone a brief account of Frederick II, Boniface VIII, and Lyndwood (4 Commentaries *45–46). Indeed, Blackstone traces quickly the history of English heresy law, including Henry VIII’s statutes defining heresy and Elizabeth I’s repeal of the former heresy laws, and comes to the conclusion that the writ de heretico comburendo was left as it was in common law, which is to say available only to the provincial synod (4 Commentaries *46–49). Anyone who consults Blackstone must therefore conclude that at least some of the provisions against heresy were part and parcel of the common law as of the fourth year of James I. 

Originalists, frantic to find an answer to Vermeule, are no doubt rejoicing at this conclusion. The common law adopted by the states, as it was understood by the framers of the Constitution and those who ratified it, included in some sense the stringent heresy laws of Emperor Frederick II, which had been grafted into the common law by Pope Boniface VIII. Subsequent statutory enactments may have broadened or narrowed the scope of the civil authorities in heresy cases, but at no point before 1677 or so (i.e., after English common law became American common law) was the scope abolished. Recall that the First Amendment was not incorporated against the states at ratification, and the Tenth Amendment leaves the states’ powers untouched except where specifically modified by the Constitution. 

The answer to Vermeule becomes clear, does it not? If one accepts  a thick understanding of originalism and the Anglo-American tradition, you see that the power to execute heretics is already part of the constitutional order in this country. Federalism is nothing if not a warrant for the states to pursue heretics—as good originalists, we note that these are heretics as Frederick II and Boniface VIII would have seen them—while the federal government sticks to its knitting. Our great separation of powers means that state-court judges shall issue writs de heretico comburendo and de excommunicato capiendo upon the application of ecclesiastical authorities for governors and sheriffs to execute. If the states have modified this understanding by various enactments—here we should remember that statutes in derogation of the common law are always construed narrowly—that is their choice. Other states may make other choices. 

One takes a step back, breathless, at this moment. The genius of the framers was not merely a system of checks and balances, a finely wrought mechanism for the preservation of liberty. It was also to leave untouched the English-speaking peoples’ tradition of stringent punishments for heresy carried out by civil officials at the behest of the ecclesiastical authorities. A tradition that finds its root in the decision of the Pope who issued the bull Unam sanctam and the bull Ausculta fili to issue a decretal ratifying the ordinances of a Holy Roman Emperor. They built better than they knew. 

The Josias Podcast, Episode XXIV: Hobbes vs. Suárez on Coercion

Prof. Thomas Pink joins the editors to discuss Thomas Hobbes’s radical rejection of the scholastic understanding of law as a coercive teacher, and the anti-integralist motives behind that rejection.

Bibliography

Music: J.S. Bach, Schafe Können sicher weiden wo ein guter Hirte wacht, from Was mir behagt, ist nur die muntre Jagd, BWV 208. Performed by Elisabeth von Magnus and the Amsterdam Baroque Orchestra under the direction of Ton Koopman.

Header Image: Charles-Émile Jacque, Landscape with a Herd (1872).

If you have questions or comments, please send them to editors(at)thejosias.com.

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The Correspondence between Charles De Koninck and Charles N.R. McCoy

The following correspondence between Charles De Koninck (1906-1965) and the Rev. Charles N.R. McCoy (1911-1984) took place in the years 1945-1946, when McCoy was working on his doctoral dissertation in philosophy at the University of Laval under De Koninck’s direction.[1] The correspondence is preserved, in an apparently incomplete form, in the Charles De Koninck Archive (Folder 31, part 1 in the Charles de Koninck’s scanned version; Box 12, file 22 in the Jacques Maritain Center’s version; a scan of the correspondence itself can be found here). The following transcription (lightly edited) was made by Dan Whitehead.

In 1943 De Koninck had published his brilliant and controversial work On the Primacy of the Common Good: Against the Personalists, and the correspondence begins with a letter of McCoy (incomplete) in which he refers to the bitter controversy that had followed the publication of that work, criticizing the Rev. I. Th. Eschmann’s attack on De Koninck. The second letter, also from McCoy, sketches an article that McCoy had in mind on the theory of democracy, and raising some questions about political philosophy. De Koninck responds to that letter, giving some highly provocative answers to the questions that McCoy raises. De Koninck’s letter is incomplete (presumably a draft). The last item is a number of notes that De Koninck made on McCoy’s dissertation as it stood at the time. These notes contain some remarks on the relation of the logical to the real order, whose influence can be clearly seen in McCoy’s later book The Structure of Political Thought. — The Editors


College of St. Thomas

St. Paul, Minnesota

August 22, 1945

Dear Charles,

            I am sorry to have been forced to delay so long answering your letter of three weeks ago. My stay at Benincasa was abruptly interrupted by a call home when my aunt became critically ill; she recovered from the illness and I returned almost directly to St. Paul.

Continue reading “The Correspondence between Charles De Koninck and Charles N.R. McCoy”

Francisco Suárez on the Relation of Ecclesiastical and Civil Power

Francisco Suárez, De legibus, lib. IV, c. ix, translated by Timothy Wilson


CHAPTER IX.

Whether the Ecclesiastical power is superior to the civil, such that the latter is subject to the former.

1. Although it has been shown, in the chapter above, that the Ecclesiastical power is more excellent in perfection, it is not immediately inferred, that it is superior in subordination and proper jurisdiction: for one faculty can be less perfect than another, and yet not subject or subordinate to it. And hence there can be a reason for doubt, because this subordination does not follow intrinsically from the greater perfection; nor also can it be shown from a special concession of Christ; therefore it is not granted. The major is clear from the reason given, and can be supported by the example of the old law, in which there was also a priestly and a royal power, and nevertheless the royal was not subject to the priestly; no indeed, that the contrary seems to have been the case, is drawn from III Kings 2, where Solomon deposed Abiathar from the Priesthood; and in his place he set Sadoc; therefore the priestly power then was under the royal power, rather than the contrary. Now the minor is proved, because in the new Testament we do not read that Christ instituted the priesthood and conceded to it this superiority, because Peter, notwithstanding his power, commanded all the faithful to be subject to Princes and Kings, 1 Pet 2, and Paul in Romans 13 pronounces the same regarding every soul. Nor also is it had from tradition: for it can be gathered from the histories, rather, that the Emperors sometimes passed judgment upon the Pontiffs, and deposed them.

Continue reading “Francisco Suárez on the Relation of Ecclesiastical and Civil Power”

The Josias Podcast, Episode XXIII: Liberty: the Highest of Natural Endowments

The editors discuss Pope Leo XIII’s encyclical Libertas praestantissimum, on the true nature of liberty—both natural and moral—and on the errors of the liberals.

Bibliography

Music: Gustav Mahler, Lied Des Verfolgten Im Turm, from Des Knaben Wunderhorn. Performed by Elisabeth Schwarzkopf, Dietrich Fischer-Dieskau, and the London Symphony Orchestra under the direction of George Szell.

Header Image: Raphael Statt, O.Cist. Beflügelter Schritt.

If you have questions or comments, please send them to editors(at)thejosias.com.

Follow us on Facebook and Twitter.

Many thanks to our generous supporters on Patreon, who enable us to pay for podcast hosting. If you have not yet joined them, please do so. You can set up a one-time or recurring donation in any amount. Even $1 a month would be splendid.

Litaniae Sanctorum contra morbum coronaviri-MMXIX

Severinus Conversus


℣. Kyrie, eléison. — ℟. Christe, eléison.

℣. Kyrie, eléison.

℣. Christe, — ℟. audi nos.

℣. Christe, — ℟. exaudi nos.

℣. Pater de caelis Deus, — ℟. Miserere nobis.

℣. Fili Redemptor mundi Deus,

℣. Spiritus Sancte Deus,

℣. Sancta Trinitas unus Deus,

℣. Sancta Maria, — ℟. ora pro nobis.

℣. Mater Misericordiae,

℣. Salus Populi Romani,

℣. Salus Infirmorum,

℣. Domina Nostra Salutis,

℣. Sancte Michael Archangele, — ℟. ora pro nobis.

℣. Sancte Raphael Archangele,                                                                 

℣. Sancte Eustachi, — ℟. ora pro nobis.

℣. Sancte Christophore,

℣. Sancte Dionysi,

℣. Sancte Acaci Centurio,

℣. Sancte Cyriace,

℣. Sancte Georgi,

℣. Sancte Vite,

℣. Sancte Pantaleon,

℣. Sancte Blasi,

℣. Sancte Erasme,

℣. Sancte Aegidi,

℣. Sancta Barbara, — ℟. ora pro nobis.

℣. Sancta Katharina,

℣. Sancta Margarita,

℣. Quattuordecim Auxiliatores, — ℟. orate pro nobis.

℣. Sancte Quirine, — ℟. ora pro nobis.

℣. Sancte Corneli,

℣. Sancte Antoni Magne,

℣. Sancte Huberte,

℣. Quattuor Mariscalci Dei, — ℟. orate pro nobis.

℣. Sancte Apollinaris Ravennas, — ℟. ora pro nobis.

℣. Sancte Petre Apostole,

℣. Sancte Luca Apostole,

℣. Sancte Sixte II,

℣. Sancte Sebastiane,

℣. Sancte Cosma,

℣. Sancte Damiane,

℣. Sancte Cypriane,

℣. Sancte Valentine,

℣. Sancte Quintine,

℣. Sancte Adriane,

℣. Sancte Nicola Myrensis,

℣. Sancte Remigi,

℣. Sancte Leonarde Lemovicensis,

℣. Sancte Deodate,

℣. Sancte Gregori Magne,

℣. Sancte Agricola Avenionensis,

℣. Sancte Winoce,

℣. Sancte Edmunde Martyr,

℣. Sancte Colomanne,

℣. Sancte Hugo Cluniacensis,

℣. Sancte Alberte Magne,

℣. Sancte Nicola Tolentinensis,

℣. Sancte Roche,

℣. Sancte Bernarde Ptolemaee,

℣. Sancte Ioannes Nepomucene,

℣. Sancte Bernardine,

℣. Sancte Casimire,

℣. Sancte Francisce de Paula

℣. Sancte Carole Borromee,

℣. Sancte Aloysi Gonzaga,

℣. Sancte Ioannes Francisce,

℣. Sancte Henrice Morse,

℣. Sancte Iohannes Southworthe,

℣. Sancte Andrea Bobola

℣. Sancte Francisce Fatimensis,

℣. Sancte Iosephe Moscati,

℣. Sancte Andrea Marianopolitane,

℣. Sancta Thecla, — ℟. ora pro nobis.

℣. Sancta Corona,

℣. Sancta Natalia,

℣. Sancta Genovefa,

℣. Sancta Godeberta,

℣. Sancta Walpurga,

℣. Sancta Rosalia,

℣. Sancta Francisca,

℣. Sancta Teresia Abulensis,

℣. Sancta Virginia,

℣. Sancta Hyacintha Fatimensis,

℣. Omnes Sancti et Sanctae Dei, — ℟. Orate pro nobis.

℣. Agnus Dei, qui tollis peccata mundi, — ℟. Parce nobis Domine.

℣. Agnus Dei, qui tollis peccata mundi, — ℟. Exaudi nos Domine,

℣. Agnus Dei, qui tollis peccata mundi, — ℟. Miserere nobis.

Oremus: Deus, qui non mortem, sed paenitentiam desideras peccatorum: populum tuum ad te revertentem propitius respice; ut, dum tibi devotus exsistit, iracundiae tuae flagella ab eo clementer amoveas. Per Christum Dominum nostrum. Amen.

FAMULI VESTRÆ PIETATIS

by Pope St. Gelasius I

Introduction
Text
PDF


Introduction

by Edmund Waldstein, O.Cist.

Pope St. Gelasius I’s letter to the Emperor Anastasius I Famuli vestrae pietatis, better known as Duo Sunt,[1] written in 494, is the classical statement of the Church’s teaching on the relation of the authority of pontiffs to the power of worldly rulers. It was to be quoted and paraphrased again and again by later popes. The key passage has been translated numerous times, but until now there have been only two complete translations into English, neither of which is in the public domain.[2] As the context of the letter is particularly important for understanding the meaning of the key passage correctly, we are pleased to offer the following collaborative translation of the whole letter on The Josias.[3]

St. Gelasius’s Life and Times

St. Gelasius reigned from 492-496, when the Roman Empire had collapsed in the West, and Italy was ruled by barbarians, who stood in an ambiguous relationship to the Byzantine emperor—at times recognizing his authority, at other times styling themselves “kings” of Italy. In 476 (conventionally seen as the end of the Empire) Odoacer, who was already in power, had forced Romulus Augustulus to abdicate. In 493, the year after St. Gelasius’s accession to the See of Peter, the Arian Ostrogoth Theodoric the Great killed Odoacer and established his rule in Italy.[4] In the unsettled situation of Italy, the pope was an important source of order for the city of Rome and beyond. Bronwen Neil and Pauline Allen have shown how St. Gelasius was a “micro-manager” of the ecclesiastical, social, and political affairs of Rome in a manner reminiscent of St. Gregory the Great a century later.[5]

Gelasius was “a Roman born,” as he himself testifies (§1 below), and the Liber pontificalis notes that he was “of African nationality.”[6] In “The African Gelasius,” writes Hugo Rahner, in the slightly histrionic tone of his book on the liberty of the Church, “the ideals of Augustine and the devotion of Leo for the Roman See were combined with a will of steel and eloquence of style.”[7] Not everyone has been so admiring of Gelasius’s style.[8] Nor has everyone credited him with a will of steel.[9] But it is certainly true that Gelasius was formed in the traditions of St. Augustine and of St. Leo the Great. Dionysius Exiguus, who probably did not know Gelasius personally, but knew many others who had known him, writes of him in glowing terms as an exemplary pastor and scholar.[10]

The Acacian Schism

Although Gelasius was pope for less than five years, a large number of documents from his pontificate have come down to us,[11] as well as several letters thought to have been drafted by him as a deacon under his predecessor Pope Felix II/III (reigned 483-492).[12] Famulae vestrae pietatis is by far the most famous of his letters. It was written in the context of the Acacian Schism, the first major schism between Rome and Constantinople.

The schism had originated in the Emperor Zeno’s attempt to reestablish ecclesial unity with the many Egyptian Christians who had rejected the Council of Chalcedon (451). Chalcedon had condemned the monophysite heresiarch Eutyches, and deposed the Alexandrian patriarch Dioscurus, appointing Proterius in his stead.[13] In 457 the Alexandrian mob elected Timothy the Cat patriarch, and murdered Proterius.[14] Timothy died in 477, and his followers elected his ardent disciple Peter the Hoarse to succeed him.[15]

In 482 Zeno sent out a formula of faith, the Henotikon, to the Egyptians.[16] The document was not heterodox in its Christological statements. But it was unacceptable to Rome from an ecclesiological point of view. Its underlying assumption was that the emperor could define the faith (“Caesaropapism”). Moreover, it was “political theology” in the derogatory sense, seeing the unity of faith as being ordered to the unity of the empire, “the origin and composition, the power and irresistible shield of our empire.”[17] But what was least acceptable to Rome was its cavalier dismissal of Chalcedon, the great triumph of the teaching of Pope Leo. After emphasizing that the only creed is the one defined at Nicea I and Constantinople I, Zeno writes, “But we anathematize anyone who has thought, or thinks, any other opinion, either now or at any time, whether at Chalcedon or at any Synod whatsoever.”[18]

Peter the Hoarse accepted the Henotikon, and Acacius, Patriarch of Constantinople accepted him into communion, and was therefore excommunicated by Pope Felix II/III in 484.[19] This was the beginning of the Acacian Schism, which was to last till 519. Acacius himself died in 489.[20] His successor, Fravitta tried to assure both Pope Felix and Peter the Hoarse that he was in communion with them.[21] In 491 the Emperor Zeno was succeeded by Emperor Anastasius I (491-518), who had monophysite sympathies and continued Zeno’s policy.[22]

Famuli vestræ pietatis

When Gelasius was elected to the See of Peter in 492 he did not write to the  Emperor Anastasius to announce his election, as was customary. But two Romans, Faustus and Irenaeus, having been in Constantinople as part of a legation from Theodoric the Great, brought word to him that the Emperor was offended by his failure to write. This was the occasion of Famuli vestræ pietatis.

Gelasius begins the letter by excusing himself for not having written before and addresses the Emperor patriotically as the Roman princeps. He hints that his desire to supply “something (however little) lacking from the fullness of the Catholic Faith” in Constantinople, by which he means that he wants to bring the schism to an end (§1). He then clarifies his right to do this by explaining the relation of his “sacred authority” to the “royal power” of the Emperor— this is the celebrated locus classicus for the relation of lay and clerical authority (§2). He further explicates this by laying out the primacy of the Apostolic See—the “firm foundation” laid by God (§3). He then tries to persuade the Emperor to end the schism, by having Acacius’s name deleted from the diptychs, the lists of names prayed for in the Divine Liturgy (a sign of ecclesial communion). Acacius was in Communion with heretics and should be condemned with them. (§§4-9). He rebuffs the objection that removing Acacius from the diptychs would cause a rebellion at Constantinople, and urges the emperor that he is even more bound to combat heresy than he would be bound to combat offenses against temporal laws (§§10-11). Finally, he defends himself against the charge of arrogance, by turning the accusation against those who, contrary to the tradition of the Fathers, refuse to submit to the Apostolic See (§12).

Auctoritas and Potestas

“For there are two, O emperor Augustus, by which the world is principally ruled: the sacred authority (auctoritas) of pontiffs and the royal power (potestas).” This famous line was to be cited in favor of rival medieval theories of the relation of the two: curialists cited it in favor of papal supremacy while their opponents cited it to prove imperial or royal autonomy.[23] More recently, it has been cited by Whig Thomists in favor of American-style “religious freedom.”[24] Its meaning continues to be debated among historians.

The modern debate has tended to focus on the meaning of the terms auctoritas and potestas. Erich Caspar argued that auctoritas meant something like moral influence, whereas potestas meant coercive power:

In Roman constitutional law there was a clear distinction between the conceptually and morally superior auctoritas, founded on tradition and social standing, which the senate, for example, enjoyed, and a potestas equipped with executive power, which in republican times belonged only to the people and was delegated to their officials only for a set period of office.[25]

Caspar approached things from a typically modern understanding of power dynamics, but a similar reading of the auctoritas and potestas distinction has been given by authors less in thrall to Realpolitik. Allan Cotrell notes that some see potestas as “the mere ability to use force without legitimate authority.’”[26] Michael Hanby has recently argued for such a view.[27] According to Hanby auctoritas “possesses no extrinsic force,” but compels “by its own self-evidence.”[28] To the extent that it is not bound and guided by auctoritas, potestas is “an indeterminate force, the brute strength to realize arbitrary possibilities.”[29]

Readings such as Hanby’s cannot, however, be sustained. As Walter Ullmann showed, the popes of the fifth century saw themselves as having the authority to enact laws backed up by sanctions.[30] That is, their auctoritas did possess an extrinsic as well as an intrinsic force. But it is clear also that Gelasius does not see the emperor’s potestas as mere brute force—he sees it also as a moral authority that binds the consciences of subjects: “inasmuch as it pertains to the order of public discipline, even the bishops themselves obey your laws, knowing that rule [imperium] has been bestowed to you from on high” (§2). Auctoritas and potestas are more similar than such authors think. Caspar himself seems to admit as much, when he goes on to argue that Gelasius’s letter was meant to bring the two concepts closer together:

What was new and important was that Gelasius I now defined the state’s potestas and papal auctoritas (which functioned as potestas ligandi et solvendi) as ‘the two things… through which this world is ruled,’ and thereby put them on the same level as commensurable magnitudes in the same conceptual category.[31]

Ullmann argued for a different interpretation of the auctoritas-potestas distinction. According to him, auctoritas meant sovereign authority, whereas potestas meant delegated authority:

Auctoritas is the faculty of shaping things creatively and in a binding manner, whilst potestas is the power to execute what the auctoritas has laid down. The Roman senate had auctoritas, the Roman magistrate had potestas. The antithesis between auctoritas and potestas stated already by Augustus himself, shows the ‘outstanding charismatic political authority’ which his auctoritas contained. It was sacred, since everything connected with Roman emperorship was sacred emanating as it did from his divinity. It was therefore all the easier to transfer these characteristically Roman ideas to the function of the Pope and to his auctoritas.[32]

While Ullmann is essentially right about how Gelasius saw his relation the emperor, he is wrong to put so much weight on the semantic distinction between auctoritas and potestas. Ernst Stein and Aloysius K. Ziegler showed convincingly that Gelasius did not mean to make any semantic distinction between auctoritas and potestas at all. For reasons of style he did not wish to use the same word twice in the same sentence, and therefore he used synonyms. In his damning review essay on Caspar, Stein points out that in Tractate IV, written only two years after Famuli vestræ pietatis, Gelasius writes of “both powers” (potestas utraque), showing that he was quite willing to use potestas to refer to the pontifical auctoritas.[33] Ziegler, for his part, looks at the letters of Felix II/III, drafted by Gelasius as a deacon, and finds conclusive evidence for Stein’s thesis in Felix’s Epistle XV:

These things, most reverent Emperor, I do not wrest from you as vicar of the blessed Peter, by the authority of the apostolic power as it were [auctoritate velut apostolicae potestatis], but I confidently implore you as an anxious father desiring that the welfare and prosperity of my most clement son endure long.[34]

Perhaps Epistle XV is using the two terms in slightly different senses, but it is clear that it sees both as belonging to the Apostolic See.[35]

Gelasius’s Integralism

George Demacopoulos has recently argued that the scholarly focus on the semantic distinction between auctoritas and potestas is regrettable, since with “that singular focus, scholars have failed to acknowledge many of the other significant moves that Gelasius makes in the letter.”[36] On that I think he is right. He is wrong, however, to fault Caspar and Ullmann (especially the later) for reading Gelasius too much in the light of the subsequent development of the papacy.[37] Demacopoulos argues on historical-critical grounds, but it is hard not to see his approach as being motivated by Greek Orthodox suspicion of Catholic teaching on the papacy. Even from a purely historical perspective, it is helpful to look at the developments to which a teaching gives rise to understand it better. As St. John Henry Newman put it, the principle that “the stream is clearest near the spring” does not apply to the development of a teaching or belief, “which on the contrary is more equable, and purer, and stronger, when its bed has become deep, and broad, and full.”[38] And, of course, this is all the more true if it is a question of interpreting the authoritative teachings of the Church. Since the bishops of Rome teach under the guidance of the Holy Spirit, their pronouncements can only be adequately understood in the light of later developments. Thus Gelasius ought to be read in the light of the authoritative teachings of St. Gregory VII, Innocent III, and Boniface VIII.

It is, therefore, all the more significant that, despite his methodological shortcomings, Demacopoulos ultimately comes to a reading of Gelasius very close to Ullmann’s. He argues, namely, that Gelasius is indeed teaching a certain subordination of the imperial under the pontifical power:

Among Gelasius’ impressive rhetorical demonstrations is his transformation of the argument for the divine derivation of imperial authority into an argument for the subordination of the emperor to the priesthood. […] Noting that imperial governance is a beneficium from God for which the emperor will be accountable, Gelasius quickly notes that he too will personally be required to render an account before God for whether or not Anastasius properly administers the imperial beneficium. In other words, Gelasius boldly inserts himself into the ruling/responsibility paradigm to imply that his own responsibility (and, therefore, his own authority) was superior to that of the emperor. The emperor, of course, retains a certain responsibility for the Roman population, but above that hierarchical paradigm exists another, more exalted layer, placing the pope between the emperor and God.[39]

The “hierarchical paradigm” to which Demacopoulos refers is founded on a teleological understanding of society and authority. No one grasped this more firmly than Walter Ullmann. That is why, despite his exaggeration of the auctoritas-potestas distinction, I still think Ullmann the best reader of Gelasius.

“Gelasius,” Ullman argues, “bequeathed to all Papal generations a set of ideas based upon an interpretation of history in the light of Christian teleology.”[40] This Christian teleology sees the Church as a body with many members who have distinct functions related to the single spiritual end of communion with God. The members of this body belong to it with all that they are: “Christianity seizes the whole of man and cannot, by its very nature, be confined to certain departmental limits.”[41] The Christian Body therefore “is not merely a pneumatic or sacramental or spiritual body, but also an organic, concrete and earthy society.”[42] In this visible society there are certain functions which are immediately directed to its end, what Gelasius calls “the distribution of the venerable mysteries,” (infra §2) and there are others which are mediately directed to its end—everything, for example, that serves the preservation of bodily life. It is essential that those “temporal” functions remain mediately ordered to the final end: “in the Christian corpus the administration of the temporal things should be undertaken, in order to bring about the realization of the purpose of the corpus.”[43] In other words, “in a Christian society all human actions have an essentially religious ingredient.”[44] What Gelasius is doing therefore, is not clarifying the relation of church and state (as Whig Thomists suppose), but rather the relation of clerical and lay power within the one Christian body. In the Henotikon Zeno had implicitly presented himself as the head of the whole Christian mundus, but Gelasius is teaching his successor that he is not qualified for headship:

[Since] in a Christian society, of which the emperor through baptism is a member, every human action has a definite purpose and in so far has an essential religious ingredient, the emperors should submit their governmental actions to the ecclesiastical superiors.[45]

Turning to Tractate IV, Ullmann shows that Gelasius saw the purpose of the royal power in the Christian world as the care of temporal matters, so that clerics “are not distracted by the pursuit of these carnal matters.”[46] Thus, Ullmann concludes,

The direction of [the] royal power by those who are, within the corporate union of Christians, qualified to do so, is as necessary as the direction of the whole body corporate. In this way this body will fulfil the purpose for which it was founded. The material or corporeal or temporal element in this body demands the guidance, that is orientation and government, by the spiritual or sacramental element of this self-same body.[47]

R.W. Dyson has shown in detail how this Gelasian teaching on the relation of the temporal to the spiritual was based on premises which he found in his North African tradition: in St. Augustine’s proportioning of spiritual and carnal needs onto the offices of bishops and Roman officials. Augustine had not followed those principles through to their ultimate conclusions, but it was an easy step for Gelasius to take, since it is obvious that spiritual goods exceed bodily ones.[48]

The same point was made earlier by Hugo Rahner:

What Augustine regarded as a lofty ideal, Gelasius made tangible: the ideal of the state as the Church’s helper, of two powers in peaceful collaboration “ruling the world”. Gelasius’ genius lay in the fact that he did not declare that the two powers deriving directly from God, Creator and Savior, should exist side by side, an impossible situation and one repugnant to God’s will, but rather that they should be hierarchically ordered, like soul and body, the spiritual superior to the material, because only in subordination is the material power’s true worth maintained.[49]

The functional division of the two powers is not a division into separate spheres that never overlap. While Gelasius sees the purpose of the emperor as being primarily the regulation of temporal affairs, he is also emphatic that the emperor must use imperial force to help the Church more directly in the preservation of the faith from charity. In Famuli vestræ pietatis he argues that, because Anastasius curbs popular tumults arising from secular causes, so much more should he restrain heretics and thereby “lead them back into the Catholic and Apostolic communion” (§10). He is essentially calling for the emperor to act as the bracchium sæculare of the Church:

If anyone perhaps were to attempt something against public laws (perish the thought!), for no reason would you have been able to suffer it. Do you not reckon it to concern your conscience that the people subject to you should be driven back from the pure and sincere devotion of Divinity? (§10)

Far from being a Whig avant la lettre, Gelasius was in fact what we would now call an integralist.

FAMULI VESTRÆ PIETATIS

Translated by HHG et al.

Pope St. Gelasius I to the Emperor Anastasius.

§ 1 Your Piety’s servants, my sons, the master Faustus and Irenaeus, illustrious men, and their companions who exercise the public office of legate, when they returned to the City, said that Your Clemency asked why I did not send my greeting to you in written form. Not, I confess, by my design; but since those who had been dispatched a little while ago from the regions of the East had spread [word] throughout the whole City that they had been denied permission of seeing me by your commands, I thought that I ought to refrain from [writing] letters, lest I be judged burdensome rather than dutiful. You see, therefore, that it came not from my dissembling, but rather from proper caution, lest I inflict annoyance on one minded to reject me. But when I learned that the benevolence of Your Serenity had, as indicated above, expected a word from my humility, then I truly recognized that I would not unjustly be blamed if I remained silent. For, glorious son, I as a Roman born love, honor, and accept you as the Roman Prince. And as a Christian I desire to have knowledge according to the truth with one who has zeal for God. And as the Vicar of the Apostolic See (of whatever quality), whenever I see something (however little) lacking from the fullness of the Catholic Faith, I attempt to supply it by moderate and timely suggestions. For the dispensing of the divine word has been enjoined on me: «woe is unto me if I preach not the gospel» (1 Cor 9:16). Because, if the vessel of election, blessed Paul the Apostle, is afraid and cries out, how much more urgently must I fear if in my preaching I omit anything from the ministry of preaching which has been divinely inspired and handed down by the piety of the fathers.

§ 2 I pray your Piety not to judge [my] duty toward the divine plan as arrogance. Far be it from the Roman Prince, I beg, that he judge the truth that he senses in his heart to be an injury. For there are two, O emperor Augustus, by which the world is principally ruled: the sacred authority of pontiffs and the royal power. Among which how much heavier is the burden of priests, such that they will have to render an account to the Lord at the time of judgment even for those very kings. For you know, O most merciful son, that although by dignity you preside over the human race, nevertheless you devoutly bow your neck to the leaders of divine matters, and from them you await the causes of your salvation, and you recognize that, in partaking of the celestial sacraments, and being disposed to them (as is appropriate), you must be submitted to the order of religion rather than rule over it. Therefore you know that in these matters you depend on their judgement, not willing to force them to your will. For if, inasmuch as it pertains to the order of public discipline, even the bishops themselves obey your laws, knowing that rule [imperium] has been bestowed to you from on high, lest they seem in mundane things to oppose the eminent sentence; with what passion, I ask, does it become you to obey those, who have been assigned for the distribution of the venerable mysteries? Just as the danger does not fall upon pontiffs lightly, to have been silent on behalf of the cult of the Divinity, which is fitting; thus there is no slight peril to those who (perish the thought!) when they ought to obey, look askance. And if it is settled that the faithful submit their hearts to all the priests in general who pass on divine things rightly, how much more must they submit to the prelate of that See, whom the highest Divinity willed also to be preëminent above all priests, and which the piety of the universal Church subsequently celebrated.

§ 3 Clearly, wherever Your Piety turns, no one at all has been able to raise himself to the privilege or confession of that one, whom the voice of Christ has put over all, who has been always confessed and venerated by the Church, and has the first devotion. Those things which have been constituted by divine judgement can be attacked by human presumption, but they cannot be conquered by any power. And if only boldness would not be so pernicious against those struggling, as those things which have been fixed by the very founder of sacred religion cannot be dislodged by any force: the foundation of God stands firm (2 Tim 2:19). For is religion, when it is infested by some [persons], able to be overcome by novelties? Does it not rather remain unconquered by the thing supposed to be able to defeat it? And I ask you therefore, may they desist, who under your aegis run about headlong seeking the disruption of the church, which is not permitted: or at least that these should in no way achieve those things which they wickedly desire, and not keep their measure before God and men.

§ 4 For this reason, before God, I beg, adjure, and exhort your piety purely and earnestly that you not receive my request disdainfully: I say again: I ask that you hear me beseeching you now in this life rather than (later) accusing you—perish the thought!—before the divine tribunal. Nor is it hidden from me, O Emperor Augustus, what the devotion of Your Piety has been in private life. You always chose to be a participator of the eternal promise. Wherefore, I pray you, be not angry with me, if I love you so much that I want you to have that reign, which you have temporarily, forever, and that you who rule the age, might be able to rule with Christ. Certainly, by your laws, Emperor, you do not allow anything to perish, nor do you allow any damage to be done to the Roman name. Surely then it is not true, Excellent Prince, who desires not only the present benefits of Christ but also the future ones, that you would suffer anyone under your aegis to bring loss to religion, to truth, to the sincerity of the Catholic Communion, and to the Faith? By what faith (I ask you) will you ask reward of him there, whose loss you do not prohibit here?

§ 5 Be they not heavy, I pray thee, those things that are said for your eternal salvation. You have read it written: «the wounds of a friend are better than the kisses of an enemy» (Prov. 27:8). I ask your piety to receive what I say into your mind in the same sentiment in which I say it. No one should deceive Your Piety. What the Scriptures witness figuratively through the prophet is true: «One is my dove, one is my perfect one» (Cant. 6:8), one is the Christian faith, which is Catholic. But that faith is truly Catholic, which is divided by a sincere, pure, and unspotted communion from all the perfidious and their successors and associates. Otherwise there would not be the divinely commanded distinction, but a deplorable muddle. Nor would there be any reason left, if we allow this contagion in anyone, not to open wide the gate to all the heresies. For who in one thing offends, is guilty of all (James 2:10); and: who despises little things shall little by little fall (Sirach 19:1)

§ 6 This is what the Apostolic See vigorously guards against, that since the pure root is the glorious confession of the Apostle, it might not be soiled by any fissure of perversity, nor by any direct contagion. For if something like that were to happen (which God forbid, and which we trust is impossible), how could we dare to resist any error, or from whence could we request the correction to those in error? Moreover, if Your Piety denies that the people of a single city can be brought together in peace, what would we do with the whole world, if (God forbid) it were to be deceived by our prevarication? If the whole world has been set right, despising the profane traditions of its fathers, how could the people of a single city not be converted if the preaching of the faith persevere. Therefore, glorious Emperor, do I not will the peace, I who would embrace it even if it came at the price of my blood? But, I prithee, let us hold in our mind of what sort the peace ought to be; not any kind, but a truly Christian peace. For how can there be a true peace where chaste charity is lacking? But how charity ought to be, the Apostle evidently preaches for us, who says, Charity is from a pure heart, and a good conscience, and an unfeigned faith (1 Tim. 1:5). How, I pray thee, shall it be from a pure heart, if it is poisoned by an external contagion? How shall it be from a good conscience, if it is commingled with depraved and evil things? How shall it be from an unfeigned faith if it remains united with the perfidious? While these things have often been said by us, it is nevertheless necessary to repeat them incessantly, and not to be silent as long as the name of “peace” continues to be put forward as an excuse; it is not for us (as the is enviously asserted) to make “peace”, but we nevertheless teach that we want that true peace, which is the only peace, apart from which none other can be shown.

§ 7 Certainly if the dogma of Eutyches, against which the caution of the Apostolic See vigilantly watches, is believed to be consistent with the saving Catholic faith, then it ought to be brought forward plainly and asserted and supported with as much force as possible, for then it will be possible to show not only how inimical it is to the Christian faith itself, but also how many and how deadly are the heresies it contains in its dregs. But if rather (as we are confident you will) you judge that this dogma should be excluded from Catholic minds, I ask you why you do not also suppress the contagion of those who have been shown to be contaminated by it? As the Apostle says: Are only those who do things that ought not to be done guilty, and not also they that consent to them that do them? (cf. Rom 1:32). Accordingly, just as one cannot accept a participant in perversity without equally approving of the perversity, so too, one cannot refute perversity while admitting an accomplice and partisan of perversity.

§ 8 Certainly, by your laws, accomplices of crimes and harbourers of thieves are judged to be bound equally by the same punishment; nor is he considered to have no part in a crime, who, though he did not do it himself, nevertheless accepts the familiarity and the alliance of the doer. Accordingly, when the Council of Chalcedon, celebrated for the Catholic and Apostolic faith and the true communion, condemned Eutyches, the progenitor of those detestable ravings, it did not leave it at that, but likewise also struck down his consort Dioscorus and the rest. In this way, therefore, just as in the case of every heresy there is no ambiguity about what has always been done or what is being done: their successors Timothy [the Cat], Peter [the Hoarse], and the other Peter, the Antiochian, have been cut out— not individually by councils called again to deal with them singly, but once and for all as a consequence of the regular acts of the synod. Therefore, as it has not been clear that even those who were their correspondents and accomplices are all bound with a similar strictness, and are by right wholly separated from the Catholic and Apostolic communion, We hereby declare that Acacius, too, is to be removed from communion with Us, since he preferred to cast in his lot with perfidy rather than to remain in the authentic Catholic and Apostolic communion (though for almost three years he has been authoritatively advised by letters of the Apostolic See, lest it should come to this). But after he went over to another communion, nothing was possible except that he should be at once cut off from association with the Apostolic See, lest on his account, if We delayed even a little, We also should seem to have come into contact with the perfidious. But when he was struck with such a blow, did he come to his senses, did he promise correction, did he emend his error? Would he have been coerced by more lenient treatment, when even harsh blows left no impression? While he tarries in his perfidy and damnation, it is both impossible to use his name in the liturgy of the church, and unnecessary to tolerate any external contact with him. Wherefore he will be led in good faith away from the heretical communion into which he has mixed himself, or there will be no choice but to drive him away with them.

§ 9 But if the bishops of the East murmur, that the Apostolic See did not apply such judgments to them, as if they had either convinced the Apostolic See that Peter [the Hoarse] was to be accepted as legitimate, or had not yet been fully complicit in this unheard-of acceptation: just as they cannot demonstrate that he was free of heretical depravity, neither can they in anyway excuse themselves, being in communion with heretics. If perhaps they should add that they all with one voice reported the reception of Peter [the Hoarse] by Acacius to the Apostolic See, then by the same token they know how he responded to them. But the authority of the Apostolic See— that in all Christian ages it has been set over the universal Church— is confirmed both by a series of canons of the Fathers, and by manifold tradition. But even hence, whether anyone should prevail to usurp anything for himself against the ordinances of the Synod of Nicaea, this can be shown to the college of the one communion, not to the opinion of external society. If anyone has confidence amongst them, let him go out into the midst, and disprove and instruct the Apostolic See concerning each part. Therefore let his name [Acacius] be removed from our midst, which works the separation of churches far from Catholic communion, in order that sincere peace of faith and of communion should be repaired, and unity: and then let it competently and legitimately be investigated which of us either has risen up or struggles to rise up against venerable antiquity. And then shall appear who by modest intention guards the form and tradition of the elders, and who irreverently leaping beyond these, reckons himself able to become equal by robbery.

§ 10 But if it is proposed to me that the character [persona] of the Constantinopolitan people makes it impossible (it is said) that the name of scandal, that is Acacius, be removed; I am silent, because with both the heretic Macedonius formerly having been driven out, and Nestorius recently having been thrown out, the Constantinopolitan people have elected to remain Catholic rather than be retained by affection for their condemned greater prelates. I am silent, because those who had been baptized by these very same condemned prelates, remaining in the Catholic faith, are disturbed by no agitation. I am silent, because for ludicrous things the authority of Your Piety now restrains popular tumults; and thus much more for the necessary salvation of their souls the multitude of the Constantinopolitan city obeys you, if you princes should lead them back unto the Catholic and Apostolic communion. For, Emperor Augustus, if anyone perhaps were to attempt something against public laws (perish the thought!), for no reason would you have been able to suffer it. Do you not reckon it to concern your conscience that the people subject to you should be driven back from the pure and sincere devotion of Divinity? Finally, if the mind of the people of one city is not reckoned to be offended if divine things (as the matter demands) are corrected— how much more does it hold that, lest divine things should be offended, we ought not (nor can we) strike the pious faith of all those of the Catholic name?

§ 11 And nevertheless these same ones demand that they should be healed by our will. Therefore they allow that they can be cured by competent remedies: otherwise (Heaven forfend!) by crossing over into their ruin, we can perish with them, whereas we cannot save them. Now here I leave to your conscience under divine judgement what must rather be done: whether, as We desire, we should return all at once unto certain life; or, as those demand, we should tend unto manifest death.

§ 12 But still they strain to call the Apostolic See proud and arrogant for furnishing them with medicines. The quality of the languishing often has this: that they should accuse rather the medics calling them back to healthful things by fitting observations, than that they themselves should consent to depose or reprove their noxious appetites. If we are proud, because we minister fitting remedies of souls, what are those to be called who resist? If we are proud who say that obedience must be given to paternal decrees, by what name should those be called who oppose them? If we are puffed up, who desire that the divine cult should be served with pure and unblemished tenor; let them say how those who think even against divinity should be named. Thus also do the rest, who are in error, reckon us, because we do not consent to their insanity. Nevertheless, truth herself indicates where the spirit of pride really stands and fights.

[1] Sometimes also as Ad Anastasium, Epistle XII (Thiel), or Epistle VIII (Migne).

[2] Matthew Briel, trans. in: George E. Demacopoulos, The Invention of Peter: Apostolic Discourse and Papal Authority in Late Antiquity (Philadelphia: University of Pennsylvania Press, 2013), pp. 173-180; Bronwen Neil and Pauline Allen, trans., The Letters of Gelasius I (492-496) (Turnhout: Brepols, 2014), pp. 73-80.

[3] The translation was made by numerous online friends of The Josias in a shared google spreadsheet. The style is therefore uneven. For technical reasons we used Migne’s edition in PL 59, col. 41-47, but we have corrected it in some places with reference to Thiel’s critical edition: Andreas Thiel, ed., Epistolae Romanorum pontificum genuinae et quae ad eos scriptae sunt: a S. Hilaro usque ad Pelagium II., vol. 1 (Braunsberg: E. Peter, 1867), pp. 349-358. For the paragraph numbering we have followed Thiel.

[4] For an account of the period, see: Guy Halsall, Barbarian Migrations and the Roman West, 376–568 (Cambridge: Cambridge University Press, 2007), chs. 9-10.

[5] Neil and Allen, trans., The Letters of Gelasius I, Introduction.

[6] Neil and Allen, trans., The Letters of Gelasius I, p. 71.

[7] Hugo Rahner, S.J., Church and State in Early Christianity, trans. Leo Donald Davis, S.J. (San Francisco: Ignatius Press, 1961), p. 151. As Rahner notes, his book was originally written at a time “when the struggle between Church and state in Nazi Germany was at its height” (p. xi), which goes someway in explaining its tone.

[8] Bronwen Neil and Pauline Allen call it “sententious and pompous” and complain that it is repetitive and overburdens subordinate clauses: The Letters of Gelasius I, p. 67.

[9] George Demacopoulos portrays him as an ineffectual blusterer The Invention of Peter, ch. 3.

[10] See: Aloysius K. Ziegler, “Pope Gelasius I and His Teaching on the Relation of Church and State,” in: The Catholic Historical Review 27.4 (1942), pp. 412-437, at pp. 416-417.

[11] Thiel’s edition contains 43 letters, 49 fragments, and six tractates, filling over 300 pages: Thiel, Epistolae, vol. 1, pp. 285-618.

[12] See: Mario Spinelli, s.v. “Gelasius I,” in: Lexikon für Theologie und Kirche, 3rd ed., vol. IV, eds. Walter Kasper, et al. (Freiburg: Herder, 1995), col. 401-402.

[13] Dioscurus had (verbally) agreed with Eutyches that there was only one nature in Christ. In Alexandria this was held to be the orthodox position, since St. Cyril of Alexandria had used the formula μία φύσις το θεο λόγου σεσαρκωμένη (“one incarnate nature of God the Logos”). Chalcedon, however, defined that Christ was in two natures (ν δύο φύσεσιν). It is now generally held that the disagreement is based on an equivocal use of the word φύσις (nature). See: Theresia Hainthaler, s.v. “Monophysitismus,” in: Lexikon für Theologie und Kirche, vol. VII, (1998), col. 418-421; W. H. C. Frend, The Rise of the Monophysite Movement: Chapters in the History of the Church in the Fifth and Sixth Centuries (Cambridge: Cambridge University Press, 1972).

[14] Frend, The Rise of the Monophysite Movement, p. 155.

[15] Frend, The Rise of the Monophysite Movement,, p. 174.

[16] For the story of the Henotikon see: Ibid., pp. 174-183.

[17] Zeno, Henotikon, in: The Ecclesiastical History of Evagrius Scholasticus, trans. Michael Whitby (Liverpool: Liverpool University Press, 2000), III,14; pp. 147-149, at p. 147.

[18] Zeno, Henotikon, p. 149.

[19] One of the orthodox “Sleepless Monks” was able to pin the pope’s excommunication to Acacius’s vestments during the celebration of the Divine Liturgy: Frend, The Rise of the Monophysite Movement, pp. 182-183.

[20] Frend, The Rise of the Monophysite Movement,, p. 190.

[21] Neil and Allen, trans., The Letters of Gelasius I, pp. 37-38.

[22] Rahner, Church and State, pp. 154-155.

[23] See: Brian Tierney, The Crisis of Church and State (Toronto: University of Toronto Press, 1988), p. 10; Robert Louis Benson, “The Gelasian Doctrine: Uses And Transformations,” in: George Makdisi, et al., eds., La notion d’autorité au Moyen Age: Islam, Byzance, Occident: Colloques internationaux de La Napoule, session des 23-26 octobre 1978 (Paris: Presses Universitaires de France, 1982), pp. 13-44.

[24] See: John Courtney Murray, S.J., We Hold These Truths: Catholic Reflections on the American Proposition (New York: Sheed and Ward, 1960), especially pp. 202-203; George Weigel, “Catholicism and Democracy: Parsing the Other Twentieth-Century Revolution,” in: Michael Novak, William Brailsford, and Cornelis Heesters, eds. A Free Society Reader: Principles for the New Millennium (Lanham: Lexington Books, 2000), pp. 141-165, at pp. 150-151. Cf. my critique of the Whig Thomists: “Integralism and Gelasian Dyarchy,” in: The Josias, March 3, 2016: https://thejosias.com/2016/03/03/integralism-and-gelasian-dyarchy (accessed March 28, 2020), part 4.

[25] Erich Caspar, Geschichte des Papsttums von den Anfängen bis zur Höhe der Weltherrschaft, vol. 2 (Tübingen: Mohr-Siebeck, 1933), p. 67 (translation my own).

[26] Alan Cottrell, “Auctoritas and Potestas: A Reevaluation of the Correspondence of Gelasius I on Papal-Imperial Relations,” in: Medieval Studies 55 (1993), pp. 95-109, at p. 96. (This is not Cottrell’s own view).

[27] Michael Hanby, “For and Against Integralism,” in: First Things 301.4 (2020), pp. 43-50. Hanby does not explicitly mention Gelasius, but it is clear that the Gelasian teaching is in the background of his discussion of auctoritas and potestas, especially since he quotes Walter Ullmann’s interpretation of Gelasius (p. 45).

[28] Hanby, “For and Against Integralism,” p. 45.

[29] Hanby, “For and Against Integralism,” p. 45.

[30] Walter Ullmann, The Growth of Papal Government in the Middle Ages: A Study in the Ideological Relation of Clerical to Lay Power, 2nd ed. (London: Methuen, 1962), pp. 12-13, note 5.

[31] Caspar, Geschichte des Papsttums, p. 66.

[32] Ullmann, The Growth of Papal Government, p. 21.

[33] Ernst Stein, “La Période Byzantine de la Papauté,” in: The Catholic Historical Review 21.2 (1935), pp. 129-163, at p. 135. Hanby complains about me: “Waldstein does not think philosophically about the distinction between auctoritas and potestas, which he treats more or less synonymously” (Hanby, “For and Against Integralism,” p. 47). I wonder if he would make the same complaint about St. Gelasius in Tractate IV.

[34] Ziegler, “Pope Gelasius I and His Teaching,” p. 432, note 66; the quotation from Felix can be found in: Thiel, Epistolae, vol. 1, p. 272; translation in: Jeffrey Richards, The Popes and the Papacy in the Early Middle Ages, 476-752 (London: Routledge and Kegan Paul, 1979), p. 62.

[35] In the light of the subsequent development of Church teaching one could save something like Erich Caspar’s interpretation as follows: The relationship between the spiritual and temporal powers in temporal matters would be modeled on the relationship between the senate and the magistrates in the Republic. Auctoritas would mean moral authority. Potestas would be coercive force, prescinding from whether it is united to moral authority or not. So it would be wrong to see potestas as mere violence but violence would be included as well as rightly ordered force. The pope would have both auctoritas and potestas in the spiritual order. In the temporal order he would exercise auctorias, and his auctoritas would guarantee the right order of the potestas of temporal rulers. See: Thomas Crean and Alan Fimister, Integralism: A Manual of Political Philosophy (Neunkirchen-Seelscheid: Editiones Scholasticae, 2020), p. 72.

[36] Demacopoulos, The Invention of Peter, p. 90.

[37] Demacopoulos, The Invention of Peter, pp. 8-9.

[38] John Henry Newman, An Essay on the Development of Christian Doctrine, 8th ed. (London: Longmans, Green, and co., 1891), p. 40.

[39] Demacopoulos, The Invention of Peter, pp. 90-91; cf. Ullmann’s similar argument in The Growth of Papal Government, pp. 23-26.

[40] Ullmann, The Growth of Papal Government, p. 28.

[41] Ullmann, The Growth of Papal Government, p. 11.

[42] Ullmann, The Growth of Papal Government, p. 3.

[43] Ullmann, The Growth of Papal Government, p. 12.

[44] Ullmann, The Growth of Papal Government, p. 20.

[45] Ullmann, The Growth of Papal Government, p. 22.

[46] Ullmann, The Growth of Papal Government, p. 24.

[47] Ullmann, The Growth of Papal Government, p. 28.

[48] Robert W. Dyson, St. Augustine of Hippo: The Christian Transformation of Political Philosophy (London: Continuum, 2005), ch. 5.

[49] Rahner, Church and State, p. 157.