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

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LAINEZ AT THE COUNCIL. 333<br />

presvippose <strong>the</strong> immutability <strong>of</strong> <strong>the</strong> divine law. Not every-<br />

thing, however, is divine law which <strong>the</strong> fa<strong>the</strong>rs <strong>of</strong> <strong>the</strong> Council<br />

honour with this title. Lainez <strong>the</strong>n proceeded to demonstrate<br />

once more <strong>the</strong> fundamental difference between order and<br />

jurisdiction. To have a vote in <strong>the</strong> Council is a matter <strong>of</strong><br />

jurisdiction ; <strong>the</strong> possession <strong>of</strong> a diocese is not essential<br />

to <strong>the</strong> episcopal dignity. <strong>The</strong> assertion that titular bishops<br />

are not real bishops is false ; in Germany such bishops are<br />

indispensable on account <strong>of</strong> <strong>the</strong> extent <strong>of</strong> <strong>the</strong> dioceses. Dis-<br />

pensations cannot be avoided, and Lainez was most emphatic<br />

in his declaration that <strong>the</strong> Pope has his right <strong>of</strong> dispensation<br />

direct <strong>from</strong> Christ ; no one can deprive him <strong>of</strong> it or limit it.<br />

He answered <strong>the</strong> argument that <strong>the</strong> Pope might sometimes<br />

use this right badly, by saying that <strong>the</strong> same thing could be<br />

said <strong>of</strong> every prince and every superior. Finally, he strongly<br />

insisted that <strong>the</strong> reform <strong>of</strong> <strong>the</strong> Roman Curia could be carried<br />

out in <strong>the</strong> best and most effective manner by <strong>the</strong> Pope him-<br />

self, opposing most resolutely those who maintained <strong>the</strong><br />

superiority <strong>of</strong> <strong>the</strong> Council over <strong>the</strong> Pope.^<br />

It is not to be wondered at that such outspoken and deter-<br />

mined language failed to appeal to many <strong>of</strong> his hearers,<br />

especially <strong>the</strong> French bishops, imbued as <strong>the</strong>y were with<br />

Galilean views. In <strong>the</strong>ir reports to Rome, <strong>the</strong> legates bestowed<br />

great praise on <strong>the</strong> General <strong>of</strong> <strong>the</strong> Jesuits, expressing, how-<br />

ever, a desire for greater reserve and prudence.<br />

Lainez also energetically defended <strong>the</strong> rights <strong>of</strong> <strong>the</strong> Holy<br />

See at <strong>the</strong> renewed discussions in July on <strong>the</strong> sacrament <strong>of</strong><br />

Holy Orders.^ This was all <strong>the</strong> more necessary, as <strong>the</strong> French<br />

bishops made violent protests against every expression which<br />

suggested <strong>the</strong> superiority <strong>of</strong> <strong>the</strong> Pope over <strong>the</strong> Council, or<br />

acceptance <strong>of</strong> <strong>the</strong> Council <strong>of</strong> Florence and repudiation <strong>of</strong><br />

that <strong>of</strong> Basle. <strong>The</strong> ultimate aim <strong>of</strong> <strong>the</strong> French was to under-<br />

^ See <strong>The</strong>iner, II., 300; Paleotto, ihid., 660; Pallavicini,<br />

21, 6, 9 ; Grisar, Primat, 777<br />

bullen, 156 seq.<br />

seq. ; Sagmuller, Papstwahl-<br />

^ See SiCKEL, Konzil, 547 seq. : Guillemin, Le card, de Lorraine,<br />

346 ; SusTA, IV., 69.<br />

^ See Grisar, Primat, 781,<br />

^

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