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(From the latest revision of the text in "Revue des
Questions historiques," July, 1889, p. 255.)

We are compelled, our faith urging us, to believe and to hold-and we do firmly believe and simply confessthat there is one holy catholic and apostolic church, outside of which there is neither salvation nor remission of sins; her Spouse proclaiming it in the canticles: "My dove, my undefiled is but one, she is the choice one of her that bare her; " which represents one mystic body, of which body the head is Christ; but of Christ, God. In this church there is one Lord, one faith and one baptism. There was one ark of Noah, indeed, at the time of the flood, symbolizing one church; and this being finished in one cubit had, namely, one Noah as helmsman and commander. And, with the exception of this ark, all things existing upon the earth were, as we read, destroyed. This church, moreover, we venerate as the only one, the Lord saying through His prophet: "Deliver my soul from the sword, my darling from the power of the dog." He prayed at the same time for His soul—that is, for Himself the Head-and for His body,-which body, namely, he called the one and only church on account of the unity of the faith promised, of the sacraments, and of the love of the church. She is that seamless garment of the Lord which was not cut but which fell by lot. Therefore of this one and only church there is one body and one head-not two heads as if it were a monster:-Christ, namely, and the vicar of Christ, St. Peter, and the successor of Peter. For the Lord Himself said to Peter, Feed my sheep. My sheep, He said, using a general term, and not designating these or those particular sheep; from which it is plain that He committed to Him all His sheep. If, then, the Greeks or others say that they were not committed to the care of Peter and his successors, they necessarily confess that they are not of the sheep of Christ; for the Lord says, in John,

that there is one fold, one shepherd and one only. We are told by the word of the gospel that in this His fold there are two swords,-a spiritual, namely, and a temporal. For when the apostles said “Behold here are two swords when, namely, the apostles were speaking in the churchthe Lord did not reply that this was too much, but enough. Surely he who denies that the temporal sword is in the power of Peter wrongly interprets the word of the Lord when He says: “Put up thy sword in its scabbard." Both swords, the spiritual and the material, therefore, are in the power of the church; the one, indeed, to be wielded for the church, the other by the church; the one by the hand of the priest, the other by the hand of kings and knights, but at the will and sufferance of the priest. One sword, moreover, ought to be under the other, and the temporal authority to be subjected to the spiritual. For when the apostle says "there is no power but of God, and the powers that are of God are ordained," they would not be ordained unless sword were under sword and the lesser one, as it were, were led by the other to great deeds. For according to St. Dionysius the law of divinity is to lead the lowest through the intermediate to the highest things. Not therefore, according to the law of the universe, are all things reduced to order equally and immediately; but the lowest through the intermediate, the intermediate through the higher. But that the spiritual exceeds any earthly power in dignity and nobility we ought the more openly to confess the more spiritual things excel temporal ones. This also is made plain to our eyes from the giving of tithes, and the benediction and the sanctification; from the acceptation of this same power, from the control over those same things. For, the truth bearing witness, the spiritual power has to establish the earthly power, and to judge it if it be not good. Thus concerning the church and the ecclesiastical power is verified the prophecy of Jeremiah: See, I have this day set thee over the nations and over the kingdoms," and the other things which follow. Therefore if the earthly power err it shall be judged by the spiritual power; but if the lesser spiritual power err, by the greater. But if the greatest, it can be judged by God alone, not by man, the apostle bearing

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witness. A spiritual man judges all things, but he himself is judged by no one. This authority, moreover, even though it is given to man and exercised through man, is not human but rather divine, being given by divine lips to Peter and founded on a rock for him and his successors through Christ himself whom he has confessed; the Lord himself saying to Peter: Whatsoever thou shalt bind," etc. Whoever, therefore, resists this power thus ordained by God, resists the ordination of God, unless he makes believe, like the Manichean, that there are two beginnings. This we consider false and heretical, since by the testimony of Moses, not "in the beginnings," but "in the beginning" God created the Heavens and the earth. Indeed we declare, announce and define, that it is altogether necessary to salvation for every human creature to be subject to the Roman pontiff. The Lateran, Nov. 14, in our 8th year. As a perpetual memorial of this matter.

VIII.

THE LAW "LICET JURIS" OF THE FRANKFORT DIET OF 1338 A.D.

(Altmann u. Bernheim, p. 38.)

Although the proofs of both kinds of law (civil and canon) manifestly declare that the imperial dignity and power proceeded from of old directly through the Son of God, and that God openly gave laws to the human race through the emperor and the kings of the world; and since the emperor is made true emperor by the election alone of those to whom it pertains, and needs not the confirmation or approbation of any one else, since on earth he has no superior as to temporal things, but to him peoples and nations are subject, and our Lord Jesus Christ Himself ordered to be rendered unto God the things that are God's, and unto Cæsar the things that are Cæsar's; because, nevertheless, some, led by the blindness of avarice

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and ambition, and having no understanding of Scripture, but turning away from the path of right feeling into certain iniquitous and wicked deceptions, and, breaking forth into detestable assertions, do wage war against the imperial power and authority and against the prerogatives of the emperors, electors, and other princes, and of the faithful subjects of the empire, falsely asserting that the imperial dignity and power come from the pope and that he who is elected emperor is not true emperor or king unless he be first confirmed and crowned through the pope or the apostolic see; and since, through such wicked assertions and pestiferous dogmas the ancient enemy moves discord, excites quarrels, prepares dissensions and brings about seditions:-therefore, for the purpose of averting such evil, by the counsel and consent of the electors and of the other princes of the empire we declare that the imperial dignity and power comes directly from God alone; and that, by the old and approved right and custom of the empire, after any one is chosen as emperor or king by the electors of the empire concordantly, or by the greater part of them, he is, in consequence of the election alone, to be considered and called true king and emperor of the Romans, and he ought to be obeyed by all the subjects of the empire. And he shall have full power of administering the laws of the empire and of doing the other things that pertain to a true emperor; nor does he need the approbation, confirmation, authority or consent of the apostolic see or of any one else.

And therefore we decree by this law, to be forever valid, that he who is elected emperor concordantly or by the majority of the electors, shall, in consequence of the election alone, be considered and regarded by all as the true and lawful emperor; and that he ought to be obeyed by all the subjects of the empire, and that he shall have, and shall be considered and firmly asserted by all to have and to hold, the imperial administration and jurisdiction and the plenitude of the imperial power.

Moreover, whatever persons shall presume to assert or say any thing contrary to these declarations, decrees or definitions, or any one of them; or to countenance those who assert or say anything; or to obey their mandates or

letters or precepts: we deprive them from now on, and decree them to be deprived by the law and by the act itself, of all the fiefs which they hold from the empire, and of all the favours, jurisdictions, privileges and immunities granted to them by us or our predecessors. Moreover, we decree that they have committed the crime of high treason and are subject to all the penalties inflicted on those committing the crime of high treason. Given in our town of Frankfort on the 8th day of the month of August A.D. 1338.

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