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The decree Motu Proprio forbids any Roman Catholic to bring his priest or bishop into court under pain of excommunication. The Roman Catholic Church has made many similar efforts during history to oust the jurisdiction of the ordinary courts, and each attempt has had to be sharply and sternly resisted by the civil authorities of Roman Catholic countries.
He went on, without removing his eye: "For two hundred years nothing has been changed in the apartments of the Duchess." "And no one lives here now?" "No one, sir. The Duke, goes to Como for the summer season." I had moved to the other end of the loggia. Below me, through hanging groves, white roofs and domes flashed like a smile. "And that's Vicenza?" "Proprio!"
"The great 'regales, majora regalia, are those which belong to the King, jure singulari et proprio, and which are incommunicable to another, considering that they cannot be divorced from the scepter, being the attributes of sovereignty, such as... the making of laws, the interpretation or change of these, the last appeal from the decisions of magistrates, the creation of offices, the declaration of war or of peace,... the coining of money, the augmentation of titles or of values, the imposition of taxes on the subjects,... the exemption of certain persons from these, the award of pardon for crimes,... the creation of nobles, the foundation of universities,... the assembling of the etats-generaux or provinciaux, etc."
Afterward bishops began to appropriate to themselves that power which pertained unto them jure devoluto, as if it had been their own jure proprio. The canon law ordaineth that, in giving of ordination, presbyters lay on their hands, together with the bishop’s hands. That which maketh them grant so much is, because they dare not deny that presbyters have the power of ordination jure divino.
The situation has been strongly complicated by the promulgation of the Motu Proprio decree, and the refusal of the authorities of the Roman Catholic Church to say definitely whether it applies to Ireland or not. We may assume that, if Archbishop Walsh could have given a categorical denial to the statement that the decree must operate in Ireland under Home Rule, he would have done so.
A well-known British statesman expressed similar views. “We all know,” said Lord Palmerston, “that the Pope, on his restoration to his states in 1849, published an ordinance called motu proprio, by which he declared his intention to bestow institutions, not indeed on the large proportions of a constitutional government, but based, nevertheless, on popular election, and which, if they had only been carried out, must have given his subjects such satisfaction as to render unnecessary the intervention of a foreign army.” These words were uttered in 1856, when Lord Palmerston ought to have known, if indeed he did not actually know, that the proposed reforms of the Pope had been faithfully and successfully carried out.
But a similar resource does not exist in the generality of cases; and new objects are continually presenting themselves to men, women, and children, which they are called upon to class proprio motu.
This pretended resurrection of morality by Bonaparte is excessively ridiculous. The bull was not registered in the Council of State until the 19th of August 1802. I will end this chapter by a story somewhat foreign to the preceding transactions, but which personally concerns myself. On the 20th of July 1801 the First Consul, 'ex proprio motu', named me a Councillor of State extraordinary.
Well, by a large majority, twelve in fifteen, your commission declares that it sees in the motu proprio a first boon of such real value, that nothing but unjust pretensions could overlook its importance. We shall discuss this act in its every detail.
Putting these aside, it looks as if the Blessed Lord had created the world for the benefit of the devil! it would have been so much better not to have made it at all. So much, then, for a dogma taken sensu proprio. But look at it sensu allegorico, and the whole matter becomes capable of a satisfactory interpretation.
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