The Catholic Lawyer

Volume 8 Article 5
Number 3 Volume 8, Summer 1962, Number 3

Principles Fundamental of the Church-State Controversy

James A. O'Donohoe

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PRINCIPLES FUNDAMENTAL
OF THE CHURCH-STATE
CONTROVERSY
JAMES A. O'DONOHOE*

T HE PAST FIFTEEN OR TWENTY YEARS have witnessed much writing on

the deeply controverted Church-State question.' The recent presiden-
tial campaign intensified the discussion, 2 and issues of the present mo-
ment, such as federal aid to education 3 and repeal of the so-called birth
control laws, 4 keep it constantly in the forefront.
The subject of Church-State relations has been accurately described
as one which is delicate, practical, complex and explosive. It is delicate
because it touches two of man's deepest allegiances: his patriotism and
his religion. It is practical because it is not restricted to the "ivory
tower" of theological speculation but enters into the noisy "market-
place" of politics and government. It is complex because any adequate
understanding of the problem demands deep insights into Theology,
Canon Law, History and Political Science. It is explosive because it is
often discussed by individuals who have very strong feelings about the
matter and who, not infrequently, begin their discussions from premises
which are diametrically opposed.
Since the Church-State question is so intricate, it is essential that
men in public life such as lawyers, legislators, and elected officials have
some precise notions about the principles of Catholic doctrine which
underlie this issue. It is the purpose of this article to present a brief
consideration of the four basic principles of Christian theology which
lie beneath the whole problem and which must be kept in the fore if
* J.C.D., University of Louvain. Professor of Justice and Right, St. John's Seminary,
Massachusetts; Chaplain, Catholic Lawyers' Guild of the Archdiocese of Boston.
1 For a good listing of recent works on Church and State, see Barrett, Church and
State: A Bibliography, 7 THEOLOGY DIGEST 185-90 (1959); and 8 THEOLOGY
DIGEST 59-63 (1960).
2 Lally, If a Catholic is President; Questions and Answers, CATHOLIC MESSENGER,
June 2, 1960, 9-10.
3 Lawler, Federal Aid and Freedom, 75 COMMONWEAL 451-54 (1962); Drinan,
Should the State Aid Private Schools?, 11 SOCIAL ORDER 241-50 (1961).
4 O'Gara, Birth Control Laws Again, 75 COMMONWEAL 450 (1962); Regan, Con-
necticut Birth Control Laws and Public Morals, 7 CATHOLIC LAWYER 5-10 (1961);
Connery, Religious Pluralism and Public Morality, 100 AMERICA 597-99 (1959).
CHURCH-STATE

our thinking on this involved subject is to oping himself that we find the origins of
be incisive and accurate. 5 the political community which we call the
It should be noted from the outset that State.'
the author does not intend to present These concepts were accurately set
anything which is original; he writes only forth by Pope Leo XIII when he wrote:
to shed some light on the fundamentals in "Man's natural instinct moves him to live
which this highly controversial issue finds in civil society. Isolated, he cannot provide
its source. himself with the necessary requirements
Divine Origins of Church and State of life, nor procure the means of develop-
ing his mental and moral faculties. It is
Catholic theology teaches that man is
governed by a twofold authority: the eccle- therefore divinely ordained that he should
siastical community which we call the lead his life, be it domestic, social, or
civil, in contact with his fellow men."'
Church, and the political community
which we call the State. Throughout the The civil society -therefore has its source
in man's nature and as such has God for
centuries, it has constantly proclaimed the
sacred nature of each institution and it its author.
substantiates its claim by asserting that Before the coming of Christ, the State
both Church and State find their ultimate provided for all man's needs: political,
origin in God Himself. economic, and religious. When the Son of
In the Christian tradition, man has al- God became man, however, He revolu-
ways been presented as a creature of God tionized the order of things and established
endowed with intelligence and free will. a separate society to take care of man's
Inasmuch as these faculties are of them- religious exigencies, and it is this which we
selves spiritual, their powers and aspira- call the Church." With the coming of the
tions are almost limitless; inasmuch as Second Person of the Blessed Trinity in
they are encased in a human body how- 6 On Christian theology concerning the nature
ever, their powers and aspirations are of the State one might consult the following:
LATREILLE, LA PENSIkE CATHOLIQUE SUR L'TTAT
sorely restricted. To develop himself as
DEPUIS LES DERNIERES ANNES DU XIXE SIIkCLE,
a rational creature limited by matter, man L'ECCLkSlOLOGIE AU XIXE SIikCLE 281-95 (Paris
has need of other men; he can come to 1960); MARITAIN, MAN AND THE STATE (1954);
full status and complete maturity only in Scott, The Philosophy and Theology of the State,
6 DOMINICAN STUDIES 171-79 (1953); Martin,
fellowship with others who aid him to
The State: Its Elements, 125 AMERICAN ECCLE-
overcome the deficiencies imposed by the SIASTICAL REVIEW 177-95 (1953); ROMMEN,
limited character of his body. It is pre- THE STATE IN CATHOLIC THOUGHT (1945);
cisely in this tendency to enter into con- DEBRIEY, LA CONCEPTION CATHOLIQUE DE L'.TAT
(Paris 1938).
tact with others for the purpose of devel-
Encyclical Letter of Leo XIII, Immortale Dei
5 One of the finest books in English on theology (1885). See SOCIAL WELLSPRINGS: POPE LEO
behind Church-State relations is LECLER, THE XIII 66 (Husslein ed. 1940).
Two SOVEREIGNTIES (1952). One might also sMuch has been written in recent years on the
consult A Theological Consideration of the Re- nature of the Church. The layman would find
lations between Church and State, an address by the following helpful: HASSEVELDT, THE CHURCH
Gustave Weigel, S.J., September 27, 1960, ex- -A DIVINE MYSTERY (1954); SUHARD, GROWTH
cerpts, from which are printed in 73 COMMON- OR DECLINE (1948); Encyclical Letter of Pius
WEAL 68-70 (1960). XII, The Mystical Body of Christ (1943).
 8 CATHOLIC LAWYER, SUMMER 1962

human flesh, the separation between God when he wrote:

and man occasioned by the fall of Adam Whatever, therefore, in things human is
was repaired. Through the great mysteries of a sacred character, whatever belongs
of His Death and Resurrection, Christ either of its own nature or by reason of the
"bridged the gap" between God and man, end to which it is referred, to the salvation
of souls, or to the worship of God, is subject
and set Himself up as "the way" to
to the power and judgment of the Church.
the Father. The tangible continuation of Whatever is to be ranged under the civil
this mediation is the Church, which has and political order is rightly subject to the
been so effectively described as "the per-9 civil authority.,'
manent incarnation of the Son of God." Christian theology makes it clear that
Since the establishment of the Church, the State exists for the purpose of estab-
therefore, she, and not the State, is to be lishing man's temporal well-being while
man's guide to heaven. "To the Church the Church exists for the purpose of estab-
has God assigned the charge of seeing to lishing man's spiritual well-being. It in-
and legislating for all that concerns reli- sists also that the State exists to lead all
gion." 10 men to material perfection, while the
From what we have just seen above, we Church exists to lead all men to spiritual
can conclude that it is a fundamental prin- perfection which it defines as "intimate
ciple of Christian theology that man is union with God through a sharing of the
subjected to a twofold authority, each of divine life."
12
which finds its origin in God Himself. The Since God has given each society its
political community flows from the very own purpose, He has also given it the
nature of man which God has created;
power to achieve that purpose. It is pre-
and the ecclesiastical community flows cisely this innate ability to achieve its own
from the very action of Christ who is the end that we have in mind when we refer
Son of God made man. to Church and State as "perfect" societies.
As a perfect society, each one is supreme
Distinction Between the Two Societies
in its own sphere of action and possesses
One of the cryptic axioms frequently within itself all the means that are essential
encountered in theological textbooks is for the achievement of its end. Again,
talis finis qualis societas: societies are dis- since each society has its own purpose,
tinct from one another inasmuch as their each one possesses a certain independence
purposes are distinct. God Himself has in-
11 Encyclical Letter of Leo XIII, Immortale Dei
deed established both Church and State,
(1885); SOCIAL WELLSPRINGS: POPE LEO XIII,
but He has assigned to each a purpose supra note 7, at 72.
which is totally distinct from that of the 12 On the distinction between Church and State

other. The nature of these purposes was see De Bovis, L'Eglise dans la socidt6 temporelle,
79 NOUVELLE REvUE THkOLOGIQUE 225-47
concisely described by Pope Leo XIII
(1957); Vlastos, Of Sovereignty in Church and
State, 62 PHILOSOPHICAL REVIEW 561-76 (1953);
9Phrase employed by Moehler, SYMBOLISM 259 Murray, For the Freedom and Transcendence of
(London 1906). the Church, 126 AMERICAN ECCLESIASTICAL RE-
10 Encyclical Letter of Leo XIII, Immortale Dei VIEw 28-48 (1952); Martin, The Independence
(1885); SOCIAL WELLSPRINGS: POPE LEO XIII, of the Church, 122 AMERICAN ECCLESIASTICAL
supra note 7, at 70. REVIEW 37-47 (1950).
CHURCH-STATE

from the other, and each one has its own remaining distinct in regard to purpose,
proper competence. While these are assets, cannot ignore one another and cannot be
they are also, to a certain extent, liabilities completely separated from one another.
because they imply a limitation which re- There must be some complementary form
stricts the activity of each society to the of action or some type of harmony be-
achievement of the particular purpose as- tween them. Church and State are distinct;
signed to it by the Author of Nature. but in their very distinction there is an
The distinction between Church and essential relationship and this should man-
State is not a difficult concept to grasp ifest itself in some harmonious form of
and it finds perfect expression in these existence. Such an arrangement is indis-
words of Pope Leo XIII: pensable; and when it is achieved it will
The Almighty, therefore, has appointed the lend considerable aid to the ultimate well-
14
charge of the human race between two being and prosperity of both.
powers, the ecclesiastical and the civil, the Throughout the history of the Christian
one being set over divine, and the other era, this principle, which demands har-
over human, things. Each in its kind is
supreme, each has fixed limits within which mony between Church and State, has been
it is contained, limits which are defined by concretized in many different forms. Be-
the nature and special object of the prov- fore we proceed to an indication of what
ince of each, so that there is, we may say, they were, it is extremely important to
an orbit traced out within which the action note that, even though the Church always
of each is brought into play by its own na-
tive right.
13 insisted upon harmony between herself and
the State, she has never canonized as ideal
Necessity of Harmony Between
Church and State any precise system which a definite histor-
In spite of the fact that there is a pro- ical period has produced.
found distinction between the political so- For many years after the conversion of
ciety and the ecclesiastical society, Chris- the Roman Emperor, the desire for har-
tian theology teaches that they are not and mony between the two societies took the
cannot be thought of as radically sepa- 14 These ideas are well expressed by Leo XIII
rated. in the Encyclical Arcanum (1880): "In such
As we know, the Church is to occupy harmony is found not only the best line of ac-
tion for each power, but also the most opportune
herself with the supernatural, while the and efficacious method of helping men in all that
State is to busy herself with the natural. pertains to their life here, and to their hope
Yet, when we reflect that the supernatural, of salvation hereafter. For, as We have shown in
former Encyclical Letters, the intellect of man
as the very name indicates, is built upon
is greatly ennobled by the Christian faith, and
the natural and that in the supernatural made better able to shun and banish all error,
order the natural is elevated to a greater while faith borrows in turn no little help from
dignity, it becomes quite obvious that the intellect; and in like manner, when the civil
power is on friendly terms with the sacred au-
these two fields of operation, far from being thority of the Church, there accrues to both a
totally disparate, are intimately related. great increase of usefulness. The dignity of the
Since this is so, Church and State, while one is exalted, and so long as religion is its
guide it will never rule unjustly; while the other
1" Encyclical Letter of Leo XIII, Immortale Dei receives help of protection and defence for the
(1885); SOCIAL WELLSPRINGS: POPE LEO XIII, public good of the faithful." Cf. SOCIAL WELL-
supra note 7, at 71. SPRINGS: POPE LEO XIII, supra note 7, at 42.
 8 CATHOLIC LAWYER, SUMMER 1962

historical form known as Caesaro-pap- This is the period of "Consecrational

ism.', In their great zeal for the welfare of Christendom""' which may be described
the Church, many of the Christian Emper- as a political unity of Christians alone in
ors exceeded the limits of their power and which civic rights are granted to no one
exercised many functions which were else. At least in the beginning, the nature
within the competency of the Church of the times lead to the formation of such
alone. The "Caesar" appropriated to him- a specific system. In those days, the
self matters which belonged exclusively to Church was considered to be the sole
the Church.'0 source of belief in authority, the sole
In the Middle Ages, the attempts to source of moral stability, and the sole
achieve harmony resulted in a situation source of unity which would prevent the
which has been described as a "union dissolution of the Empire. 19
founded on custom." As Christopher Daw- Since the rise of the nations, the medi-
son has pointed out: eval system of union has passed into ob-
In the Middle Ages the ultimate social re- livion and in its place there has arisen the
ality was not the national kingdom, but the phenomenon known as laicism or secular-
common unity of the Christian people of ism.2" In the past four hundred years this
which the State itself was but the temporal has taken many forms but for all practical
organ and the king the divinely appointed
guardian and defender. Thus, to the medie-
purposes these can be reduced to two:
val mind the distinction was not between regalism and liberal separation. Regalism
Church and State as two perfect and in- affirms the absolutism of the State's sov-
dependent societies, but rather between the ereignty in every realm, religious as well
two different authorities and hierarchies as secular, and, in many cases, has been
which respectively administered the spirit-
tantamount to persecution of the Church.
ual and temporal affairs of this one so-
ciety.
17 Liberal separation, while in no way recog-
nizing the Church's sovereignty, allows
15 On the phenomenon of Caesaro-papism see her to exercise that freedom which the
GREENSLADE, CHURCH AND STATE FROM CON-
common law might give to any legitimate
STANTINE TO THEODOSIUS (London 1954); Mar- association. The secular spirit of the mod-
tin, Caesaro-papism in Action, 122 AMERICAN ern world permits very few approaches
ECCLESIASTICAL REVIEW 121-31 (1950).
10 In Charlemagne's letter sent in 796 to Pope to harmony. The only attempt which has
Leo III, we get some insight into the Emperor's been made with any measurable amount
Caesaro-papism. He regards it his right and duty of success in recent years has been the so-
not only to lend material support to the Church,
but also to "strengthen within it the knowledge 18Journet, 1 THE CHURCH OF THE WORD INCAR-
of the Catholic Faith." This activity would have NATE 222-62 (1954).
extensive possibilities for interference in the in- 1"For further information on the medieval sys-
ternal government of the Church. Text pub- tem of union see ULLMANN, MEDIEVAL PAPALISM
lished in EHLER & MORRALL, CHURCH AND STATE (London 1949); Ladner, Aspects of Medieval
THROUGH THE CENTURIES 72 (Westminister Thoughts on Church and Politics, 9 REVIEW OF
1954). POLITICS 403-22 (1947); CLAYTON, INNOCENT
17 Dawson, Church and State in the Middle Ages, III AND His TIMES (1941); BALDWIN, THE MEDI-
a paper read at the Summer School of Catholic EVAL PAPACY IN ACTION (1940); HULL, MEDI-
Studies, held at Cambridge in 1935 and pub- EVAL THEORIES OF THE PAPACY (London 1934).
lished in the symposium CHURCH AND STATE 57 20 On laicism and its various forms see Daw-
(London 1936). son, The Historic Origins of Liberalism, REVIEw
CHURCH-STATE

called concordatory system. 21 face of all types of intense opposition,

Superiority of The Church Catholic theology has been adamant in
Most men of good will are ready to presenting the solution for such difficult
agree in substance with the three princi- situations; it declares categorically that
ples which have been enunciated thus far. the Church, as the superior society, takes
If they admit the existence of God and precendence over the State which must
the divinity of Christ, they will not hesi- concede to her wishes in the particular
22
tate to concede the divine origins of both issue under discussion.
societies; if they are cognizant of the The Catholic theologian experiences no
specific purpose of each, they will readily great difficulty in justifying this principle
acknowledge the distinction between them; because he finds the Church's claims for
and if they are willing to recognize the superiority well-grounded. To his mind,
interrelation and interdependence between the Church is superior because both her
the natural and the supernatural, they nature and her purpose are superior. In
will also appreciate the need for harmony. contradistinction to the State, the Church
However, even the best disposed among is concerned with man's spiritual values
them will balk when he comes face to face and she exists to lead him to eternal sal-
with this final principle: when there is a vation. 2 3 Since spiritual values are of
conflict of jurisdiction between Church greater worth than material values and
and State, the will of the Church, as the since eternal salvation is more important
superior society, will take precendence than temporal happiness, it is easy to see
over the will of the State. that the society concerned with the spirit-
Since nature and supernature are inti- ual and the eternal takes precendence over
mately connected, and since the same in- the society concerned with the material
dividuals are often subject to both soci- and the temporal.
eties, Church and State are destined to If, at least in times of conflict, the
come into conflict with one another on Church is to have the last word, and if the
many occasions. It does not take much 22 "[Iln such questions as are, though in differ-
imagination to envisage the discord which ent ways, of common right and authority, the
can arise in controversial matters, such as power to which secular matters have been en-
marriage and education, in which each trusted should happily and becomingly depend
on the other power which has in its charge the
society finds a certain competence. In the interests of heaven." Encyclical Letter of Leo
XIII, Arcanum (1880); cf. SOCIAL WELLSPRINGS:
OF POLITICS READER (1959); Vialatoux & Lat- POPE LEO XII[ 42 (Husslein ed. 1940).
reille, Christianity and Laicity, 2 CROSS CUR- 23 This reasoning is expressed in the famous let-
RENTS 15-36 (1952); Connell, The Theory of ter of Pope Symmachus (d. 514) to the Em-
The Lay State, 125 AMERICAN ECCLESIASTICAL peror Anastasius: "Let us compare the Imperial
REVIEW 7-18 (1951); HUGHES, THE CHURCH dignity to that of the head of the Church. There
AND THE LIBERAL SOCIETY (1944); Lecler, L'idde is this capital difference between them, that one
de siparation entre I'lglise et l'Atat, 205 has the care of earthly things and the other of
ETUDES 664-94 (1930). divine things. Emperor, thou art there to ad-
21 A concordat is a pact made between Church minister human affairs, whilst it is for the
and State for the purpose of regulating matters Pontiff to dispense to thee the Divine mysteries.
of common interest. A good source of informa- The latter's dignity is surely equal, not to say
tion on concordats is WAGNON, CONCORDATS ET superior to thine." Cf. LECLER, THE TWO
DROIT INTERNATIONAL (Gembloux 1935). SOVEREIGNTIES 52 (1952).
 8 CATHOLIC LAWYER, SUMMER 1962

Church is the superior society, it is logical standard and universal teaching of the
25
to conclude that she has some power over Church in the medieval period.
the State. The problem therefore arises: In modern times, theologians and can-
what type of power does she have and how onists are wont to describe the power of
much of it can she exercise? In the -history the Church over the State as "indirect."
of the Church several theories have been The proponents of this doctrine may be
proposed as solutions to this difficulty. divided into two schools: those who fol-
26
It must be noted, however, that none of low the thought of St. Robert Bellarmine,
them has ever been accepted as the exclu- and those who follow the thought of John
sive teaching of the Christian Church. of Paris. 27 According to the former, the
In the Middle Ages it was taught by Church, by reason of the superiority of
some that the Church had a "direct her end, possesses a "certain jurisdiction"
power" over the State. 24 The proponents over temporal things; only by way of ex-
of this theory argued that Christ, Who is ception, however, can she actively inter-
Priest and King, gave to Peter and his vene in civil affairs. According to the
successors the totality of His power. By latter, the Church's jurisdiction is purely
reason of this fact, and by divine right, spiritual; she does have the power to in-
the Pope possesses all jurisdiction not terfere in temporal matters whenever she
merely over spiritual matters but also over sees a moral evil there; this intervention is
temporal matters. Those who held the usually done only by means of her teach-
"direct power" theory were quick to add, ing power and even if it entails the use of
however, that in practice the Pope usually her coercive power, this should not extend
employs only the spiritual power, since it beyond spiritual censures.
is Christ's will that he should delegate the 25 In this connection, it is interesting to note the
habitual exercise of the temporal power following statement from Pope Pius IX: "This
to the civil rulers. Nevertheless, they right [deposition of Kings] has in fact, in excep-
tional circumstances been exercised by the Popes.
would teach that in serious situations, Its source was not the Infallibility, but the au-
such as during the vacancy of the Empire thority of the Pope. The latter, according to
or when the higher interests of Christian- the public law then in force and by the con-
sent of the Christian nations, who recognized the
ity were at stake, the Pope could also Pope as the supreme Judge of Christendom, ex-
exercise temporal power. tended to judging, even in the temporal field,
It must be remembered that the theory both Princes and States. Now the present situ-
of "direct power" was never accepted as ation is altogether different. Bad faith alone can
confuse things and epochs so diverse." This is
the official teaching of the Church. It an excerpt from an address given on July 20,
arose and can be justified by reason of 1871 to a delegation from the Accademia di
the particular historical circumstances of Religione cattolica. Cf. LECLER, op. cit. supra
note 23, at 63.
Consecrational Christendom. Only bad 26 For further information on Cardinal BeIlar-
faith could present such concepts as the mine (d. 1621) see Murray, St. Robert Bellar-
mine on The Indirect Power, 9 THEOLOGICAL
24 Notably James of Viterbo, O.S.A. (d. 1308) STUDIES 491-35 (1948); De La Briere, Le pou-
in his de regimine Christiano and Giles of Rome, voir indirect du Pape, 14 LA DOCUMENTATION
O.S.A. (d. 1316) in his de ecclesiastica potestate CATHOLIQUE, 598-605 (1925).
and his de regimine principum. Further infor- 27 For further information on John of Paris
mation may be obtained in HULL, MEDIEVAL (d. 1306) see Murray, Contemporary Orienta-
THEORIES OF THE PAPACY (London 1934). tions of Catholic Thought on Church and State
CHURCH-STATE

At the present time, one is free to follow Conclusion

either the theory of Bellarmine or that of It has been the purpose of this article
John of Paris. It must be remembered to set forth the four fundamental princi-
that neither school of thought has been ples of Christian theology which must
canonized as the Church's official teach- serve as a point of departure if one is to
ing.2 8 To the minds of some, Bellarmine's formulate a true and workable doctrine
theory makes the Church's power over on Church-State relations. As we have
the State something more than a mere noted above, no attempt has been made to
repercussion of a purely spiritual action offer anything new or original. What we
and, for that reason, seems to lead to the have seen, however, can lead us to formu-
same conclusions as the theory of "direct late the conclusions which follow below.
power," even though it departs from differ- First of all, inasmuch as legitimate civil
ent premises. 29 To the minds of others, authority, or the State, finds its origins in
the theory of John of Paris is more in God Himself, all must regard it as some-
conformity with the nature and mission of thing sacred and extend to it that respect
the Church inasmuch as it does not deny and obedience which its sacredness de-
the Church's right to concern herself with mands. Secondly, since both Church and
political matters when moral issues are at State have been given precise purposes
stake, but limits the exercise of this right by God, each is limited to operate within
to acts which are, properly speaking, the restrictions of its own field; one must
spiritual.30 not violate the competency of the other.
in the Light of History, 10 THEOLOGICAL STUDIES
Thirdly, even though it is basic Catholic
177-234 (1949); LECLERCQ, JEAN DE PARIS ET
L'ECCLkSIOLOGIE DU XIIIE SItCLE (Paris 1942). doctrine that Church and State must work
28 A prolonged and interesting discussion on this out some harmonious form of existence, no
point was held in the AMERICAN ECCLESIASTICAL practical solution presented by any period
REVIEW and THEOLOGICAL STUDIES between the
years 1945 and 1955. The exchange of views of history has been authoritatively defined
took place between Rev. J. Courtney, S.J., and as the model for all times and localities.
Rt. Rev. J. C. Fenton. Finally, although the Church teaches that
29 St. Francis de Sales made the following com-
she possesses a certain primacy over the
ment on Cardinal Bellarmine's theory: "I have
not found to my taste certain writings by a holy State, neither the theory of Robert Bellar-
and most excellent Prelate in which he has mine nor that of John of Paris has been
touched upon the indirect power of the Pope officially and categorically imposed.
over princes, not that .1 have formed my judg-
ment as to whether things are, or are not, as When the lawyer, legislator, or elected
he says, but because, in this age, in which we public official has mastered these princi-
have so many external enemies, I do not think ples and conclusions, his insights into the
that we ought to cause any commotion inside
the body of the Church .... If Kings and princes
complexity of the Church-State issue can-
are going to have a bad impression of their not be but deepened and matured.
spiritual father, as one whose wish is to catch
them unawares and to mulct them of the au- the theory of John of Paris we might mention:
thority in which God, the Sovereign Father, LECLER, op. cit. supra note 23; Murray, supra
Prince and King of all, has given them a share, note 27; De Lubac, Le pouvoir de I'-Pglise en
what will be the effect other than to alienate matidre temporelle, 12 REVUE DES SCIENCES RE-
their affections to a dangerous extent." Text pub- LIGIEUSES 32-54 (1932); RIVIiRE, LE PROBL-
lished in LECLER, op. cit. supra note 23, at 77. kMEDE L'TGLISE. ET DE L'ETAT AU TEMPS DE
30 Among those who would be inclined to follow PHILIPPE LE BEL (Louvain 1926).