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The history of the popes, from the close of the middle ages : drawn ...

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THE EPISCOPAL OFFICE. 305<br />

<strong>The</strong> distinction between <strong>the</strong> power <strong>of</strong> " order " (consecration)<br />

and <strong>of</strong> jurisdiction, is here clearly pointed out. Bishops have<br />

<strong>the</strong> former in virtue <strong>of</strong> <strong>the</strong>ir consecration, directly <strong>from</strong> God,<br />

and <strong>the</strong> visible minister <strong>of</strong> <strong>the</strong> consecration, be he Pope or<br />

bishop, when he confers it, is only acting as an instrument,<br />

so that <strong>the</strong> invisible and immediate giver <strong>of</strong> <strong>the</strong> consecration<br />

may fulfil His supernatural work. On <strong>the</strong> o<strong>the</strong>r hand, <strong>the</strong><br />

jurisdiction <strong>of</strong> <strong>the</strong> bishops, that is to say <strong>the</strong>ir position with<br />

regard to <strong>the</strong>ir flock, and <strong>the</strong>ir authority to rule over <strong>the</strong>m<br />

in matters concerning <strong>the</strong>ir eternal salvation, although it<br />

too is derived <strong>from</strong> God, is directly communicated to <strong>the</strong><br />

bishops, according to <strong>the</strong> teaching <strong>of</strong> <strong>the</strong> scholastics, by <strong>the</strong><br />

Pope alone.'<br />

James Lainez, who had maintained this opinion in his first<br />

speech on October 20th, in his second address on December<br />

9th, made a proposal that was as practical as it was moderate ;<br />

this was that <strong>the</strong> " order " <strong>of</strong> <strong>the</strong> bishops should be defined<br />

as being <strong>of</strong> divine right, and that no mention should be made<br />

<strong>of</strong> jurisdiction, since both opinions had many supporters.^<br />

Attention was diverted <strong>from</strong> this proposal by two fur<strong>the</strong>r<br />

formulas, which Cardinal Guise, who was working unweariedly<br />

for an agreement, pat forward, amplifying <strong>the</strong> seventh canon<br />

by an eighth one, concerning <strong>the</strong> primacy. On <strong>the</strong> suggestion<br />

<strong>of</strong> Cardinal Simonetta, who was always solicitous for <strong>the</strong><br />

lights <strong>of</strong> <strong>the</strong> Holy See, a commission was appointed to deliberate<br />

on this, consisting <strong>of</strong> four <strong>the</strong>ologians (one <strong>of</strong> whom was<br />

Lainez) and five canonists. Three <strong>of</strong> <strong>the</strong> <strong>the</strong>ologians spoke<br />

in favour <strong>of</strong> <strong>the</strong> proposal, but not so <strong>the</strong> General <strong>of</strong> <strong>the</strong> Jesuits,<br />

who remarked that he saw in it a future schism. <strong>The</strong> five<br />

canonists, among whom were two future Popes, Ugo Boncom-<br />

pagni and Giovanni Antonio Fachinetti, agreed with Lainez.^<br />

<strong>The</strong> legates, whose position was daily becoming more difficult,<br />

sent <strong>the</strong> proposal <strong>of</strong> Guise, toge<strong>the</strong>r with <strong>the</strong> report <strong>of</strong> <strong>the</strong><br />

^See Grisar, Primat, 457<br />

given in full in Susta, III., 50 seq.<br />

seq. <strong>The</strong> letter <strong>of</strong> Borromeo is now<br />

2 See <strong>The</strong>iner, II., 197 seq. ; Pallavicini, 19, 6, 5; Grisar,<br />

Primat, 491, 759 seq. ; oj. Disput., I., i seq.<br />

2 C/. Pallavicini, 19, 6, ; 5 Grisar, Primat, 760 seq.<br />

VOL. XV. 20

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