Molina on Civil and Ecclesiastical Power


The term “integralist” was originally applied to Catholic anti-liberal and anti-modernist movements in the 19th and early 20th centuries— such as Ramón Nocedal’s party in Spain, and the Sodalitium Pianum, based in Rome. One of the main goals of such movements was to defend traditional Catholic political teaching against liberalism. Liberals have ever pretended (even to themselves) to separate politics with concern for the end of human life, hence their demand for the so-called “separation of Church and state.” In practice, however, they have ever ordered politics to the false and individualistic conception of the human good implicit in liberalism itself. Hence integralists were always particularly opposed to the liberal demand for the separation of Church and state. Integralist movements took various contingent positions on indifferent matters, on which Catholics are free to disagree with them. But on the central points of Catholic political teaching they were merely defending the perennial and infallible teaching of the Church.

It is this essence of the integralist programs that we defend at The Josias. What we mean by integralism is merely this: Political action is naturally and inevitably directed towards what we take to be good for human beings, and ought therefore to be directed towards the true human good, which is a common good. But the common good of human life is twofold: a temporal common good proportioned to human nature, and the eternal common good proportioned to the divine nature in which human beings participate by grace. Hence there are two authorities directing human beings towards these two common goods: a temporal authority and a spiritual authority. The former is subordinate to the later, just as the temporal common good is subordinate to the spiritual common good. On account of the danger of human pride, it is necessary that these two kinds of authority be placed in the hands of different persons—temporal authority in lay hands, and spiritual authority in the hands of bishops.

Integralism in this basic sense has always been taught by the greatest theologians of the Church— from St. Augustine to St. Bernard to St. Thomas. Apart from a few regalist special pleaders it was universally held by the scholastic theologians. In later scholasticism it was held not only by Thomists such as Cajetan, but also by opponents of Thomism. This is shown by the following translation of a passage from the De iustitia et iure of Luis de Molina, S.J. (1535-1600). Molina was the great opponent of Thomists in the controversies on grace and predestination. “I am convinced,” wrote Charles De Koninck, “that in philosophy the most extreme limits of opposition have been reached by Thomism and Molinism.” And yet, so basic to Catholic tradition is the integralist thesis that on this even Thomists and Molinists agree. — The Editors

Translated by Timothy Wilson


Luis de Molina, S.J.
De iustitia et iure, tract. II, disp. xxi
What power is, and regarding the civil and ecclesiastical power

Having explained dominion in general, in order that we might descend to the parts subject to it, it is necessary that we begin from the dominion of jurisdiction—as much because it is more noble, as because knowledge of it conduces to a better understanding of the titles of the dominion of property. It is also the case, that explicating it is a less involved task than that of explaining the dominion of property. But because the dominion of jurisdiction is a certain kind of power, we shall have to begin from the explication of power.

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Vital Error: Energy, Personalism, Pluralism, and the Triumph of the Will

by John Rao


Nineteenth and early twentieth century Catholicism was rich in militant initiatives pursuing global evangelization outside the older borders of Christendom as well as spiritual and socio-political revivification of the troubled lands within them. These initiatives were stimulated by a general movement of Catholic revival vigorously opposing an Enlightenment-inspired secularization of European and American lands that had already begun before 1789, and which was intensified and spread still further due to the violence and warmongering of the French Revolution.

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Cajetan on the soul-body model of the relation of spiritual and temporal authority

Thomas de Vio, O.P., Cardinal Cajetan (1469-1534) was one of the most important commentators on the Summa theologiæ of St. Thomas, whose teachings he defended against Scotists, Renaissance Humanists, and Protestant Reformers. In the following passage he explicates St. Thomas’s use of the traditional likeness of the subjection of temporal to spiritual power to the subjection of the body to the soul. Translated by Timothy Wilson.


St. Thomas, ST IIaIIæ, q. 60, a. 6, obj. 3 and ad 3:

Obj. 3: Moreover, spiritual power is distinguished from temporal power. But sometimes prelates having spiritual power involve themselves in those matters which pertain to the secular power. Therefore usurped judgment is not unlawful.

[…]

Ad 3: To the third, it should be said that the secular power is subject to the spiritual power as the body to the soul. And thus judgment is not usurped if a spiritual prelate involves himself in temporal matters so far as concerns those matters in which the secular power is subject to the spiritual, or which are granted to the spiritual power by the secular power.

Commentary of Cardinal Cajetan, in IIamIIæ, q. 60, a. 6

Having omitted the fifth article, the matter of which (as regards subjects) has been discussed in the preceding Book; in the sixth article, in the response to the third objection, note that the Author, assuming from the decretal Solitæ benignitatis, de Maiorit. et Obed. that the temporal power is subject to the spiritual as the body to the soul, assigns two modes in which the spiritual power involves itself in temporal things: the first of which belongs to the spiritual power from its nature; while the second belongs to it from another, namely, from the secular power itself.

Now, for evidence of this assumption, know, from the De anima bk. II [415b8-12; St. Th., In libros de anima, lib. II, lect. vii], that the soul acts upon the body according to three kinds of cause: namely, effectively, because it effects the corporeal motions of the animal; formally, because it is its form; and finally, because the body is for the sake of the soul. And it is similar, proportionally speaking, regarding the spiritual power in respect of the secular power: indeed, it is as its form and mover and end. For it is manifest, that the spiritual is formal in respect of the corporeal: and by this, the power administering of spiritual things is formal in respect of the power administering of secular things, which are corporeal. It is also indubitably clear, that corporeal and temporal things are for the sake of spiritual and eternal things, and are ordered to these as an end. And since a higher end corresponds to a higher agent, moving and directing; the consequence is, that the spiritual power, which is concerned with spiritual things as its first object, moves, acts, and directs the secular power and those things which belong to it to the spiritual end. And from this it is clear that the spiritual power, of its very nature, commands the secular power to the spiritual end: for these are the things in which the secular power is subject to the spiritual. The text intends this specification with the words: so far as concerns those matters in which the secular power is subject to the spiritual. The Author observes by this, that the secular power is not wholly subject to the spiritual power. On account of this, in civil matters one ought rather to obey the governor of the city, and in military matters the general of the army, than the bishop, who should not concern himself with these things except in their order to spiritual things, just as with other temporal matters. But if it should happen that something of these temporal things occurs to the detriment of spiritual salvation, the prelate, administering of these things through prohibitions or precepts for the sake of spiritual salvation, does not move the sickle unto another’s crop, but makes use of his own authority: for as regards these things, all secular powers are subject to the spiritual power. And thus, besides the thing assumed, the first mode by which the spiritual power judges of temporal things is clear.

And the second mode, namely, from the concession of the secular power, is quite sufficiently clear in prelates who have both jurisdictions in many places, as gifts from princes.

The Josias Podcast, Episode XXV: Questions & Answers

Our new technical editor, Chris, moderates a discussion with the editors of questions raised by our listeners.

Nota bene: In the discussion of distributism at the 1:10 mark when Pater Edmund said “that’s what integralism is all about” he meant to say “thats what distributism is all about.” A slip of the tongue.

Bibliography and Links

Music: W.A. Mozart, Serenade 13 in G Major, KV 525, “Eine kleine Nachtmusik,” II. Romanze. Performed by the Camerata Salzburg under the direction of Sándor Végh.

Header Image: “Hans Christian Andersen,” by Kirill Chelushkin.

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

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‘When Bishops Meet’

by Alan Fimister


How important was Vatican II? On the one hand it seems a ridiculous question. The Council has clearly, for good or ill, been revolutionary in its impact upon the Church in the sixty years since it was summoned by John XXIII. Fr John O’Malley S.J. veteran Church Historian of Georgetown University and author of weighty histories of Trent, Vatican I and Vatican II, has no doubt as to the importance of the twenty-first Ecumenical Council and seeks to shed light upon it by contrasting its teaching and style with that of its two immediate predecessors in his book-length essay ‘When Bishops Meet’.[1] And yet, while admitting the undoubted contrasts between the Second Council of the Vatican and all its predecessors perhaps we should not take its importance as so much a first principle as Fr O’Malley elects to do, but rather subject it to examination.

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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.