On the Subject of America's Founding:
(With Christopher Blosser and David Jones--Part III of III)
The previous installment of this series can be read HERE. To start from the beginning of this thread, please go HERE.
It seems appropriate at this time to review some basics on laws in general and what is required for a violator of a law to be punished needs to be considered. Among the sources to be used in exploring that point is the 1913 Catholic Encyclopedia and its article on canon law:
Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case. The publication or promulgation of the law has a double aspect: law must be brought to the knowledge of the community in order that the latter may be able to observe it, and in this consists the publication. But there may be legal forms of publication, requisite and necessary, and in this consists the promulgation properly so called (see PROMULGATION). [Catholic Encyclopedia: From the Article Canon Law (c. 1913)]
In other words,
a law must be brought to the attention of those who are expected to comply with it. This is done by promulgating the law locally and this is a function of a diocesan or metropolitan bishop for their particular area. For this reason,
a law is not considered binding until it has been promulgated. And since a law requires promulgation to be valid (and further, as bishops back then had more autonomy than they do now on these matters), David's interpretation of these events shows an evidently anti-historical perspective. And of course in the event of a doubt as to the applicability of particular laws, Bishop Carroll's practicing of the Jesuit probabilism mentioned earlier{1} would be utilized and be considered morally permissible by the Vatican.
Because of the confusion on this matter which was still present in the Church in the late 1700's, the bishops would have to assess the matter to the best of their abilities taking into account the circumstances involved, etc. To remind David and others of the span of authority of the diocesan bishops:
Bishops, Jurisdiction of. Bishops are the successors of the Apostles and by divine institution rule their dioceses with ordinary power under the authority of the pope. They have legislative, juridical, and executive power... [A] bishop can enact those laws which he considers for the good of his dioceses and he is a judge in the first instance in all ecclesiastical trials; he can punish lay people with censures and clerics by deprivation of offices or censures (qv). He has supreme direction of the clergy, the conduct of divine worship, administration of ecclesiastical property, building of churches, etc. [Catholic Encyclopaedic Dictionary: Donald Attwater General Editor, tenth edition, pg. 62 (c. 1941)]
As the first bishop on the American continent (and probably for a time the only bishop),{2} John Carroll would have had to make sense of the conflicting approaches to masonry on the continent as well as the lack of recent papal statements on the matter making it clear that the ban was intended to be universal. There is also the subject of prudence and if Bishop Carroll in taking a hardline approach in America (where the nation was in its infancy) would not have caused
more problems than less. This was after all not a case of dealing with masonry in a well-established nation as in France, England, Germany, Spain, etc. For this reason, prudence was even more important because as noxious a weed as masonry was, things would only have been compounded if it was handled too rashly by the ecclesiastical authorities. Or as the spiritual masters note on the difference between prudent and imprudent zeal:
In every home there grows some thorn, something, in other words, that needs correction; for the best soil is seldom without its noxious weed. Imprudent zeal, by seeking awkwardly to pluck out the thorn, often succeeds only in plunging it farther in, thus rendering the wound deeper and more painful. In such a case it is essential to act with reflection and great prudence. There is a time to speak and a time to be silent, says the Holy Spirit. (Ecclesiastes III., 7.) Prudent zeal is silent when it realizes that to be so is less hurtful than to speak. [Excerpt from the Rerum Novarum Spiritual Instruction on Zeal Part I (circa September 29, 2002)]
Perhaps Bishop Carroll judged that it would have been
more hurtful to the Catholic cause in America to enforce the masonry ban in the decades after America's founding. Certainly, as long as the ban itself was not universally recognized at the time, his hesitancy on the matter cannot be faulted him. Or (to rephrase it),
a Catholic with a proper approach to spiritual matters would not fault him. But that point aside, there is more to consider about Bishop Carroll.
For example, John Carroll's non-promulgation of the masonic ban in America did not prevent Pope Pius VI (r. 1775-1799) from appointing him Bishop of Baltimore in the 1780's and Pope Pius VII (r. 1800-1823) from raising him to Archepiscopal standing in 1809. David by his comments would presume to judge John Carroll in a fashion not judged by the popes of his time. More could be noted but that suffices for now to shoot some holes in the bottom of the boat of David's theories on these matters. Hopefully it is clear that once again there are complexities to these things of no small detail that fundy readings like David's do not take proper stock of. And (as always) God is in the details often overlooked.
"Meanwhile, Chris Burgwald writes an interesting post. Would be curious as to your thoughts or possibly even your participation on this thread, especially since nothing is prohibiting you from commenting.
Chris' thread reads good.
it does touch on the David Schindler vs. Fr. Neuhaus debate, if you haven't read the relevant links I can provide them.
Please do. In the meantime, these threads will be wrapped up with a final citation from William Walen's article on papal condemnations of the lodge:
It is correct that Daniel Carroll, brother of Bishop (later Archbishop) John Carroll of Baltimore was both an active (and devout) Catholic and Mason. While this might seem an impossible contradiction, it is important to know the details of the Church's condemnation of Freemasonry in the 18th century. The first official Grand Lodge was established in London in 1717, and membership spread gradually throughout Europe and even more slowly to the British Colonies. The Church made its first official statement about Freemasonry only in 1738, when Pope Clement XII (r. 1730-40) condemned the practices of the Lodges that were then multiplying in Catholic lands. His condemnation was followed by that of Pope Benedict XIV (1740-58) in a 1751 bull. The pontiff also persuaded Empress Maria Teresa of Austria to close the lodges in her empire.
It took many years for the full weight of the papal condemnations to reach every diocese of the Church. The bulls were sometimes never promulgated by some bishops who saw no need; others never understood their import; and still more never received the decree. In Ireland, for example, priests and laypeople were members for decades after the bulls were promulgated out of ignorance of the condemnation. Indeed, a Catholic, Lord Robert Edward Petre (d. 1801) was grand master of the English Lodge as late as 1772. In the Colonies, a similar situation existed, so it is possible to see how Daniel Carroll might be a member without being aware of the prohibition. In the early 19th century, starting with Pope Pius [VII] (r. 1800-23), the popes issued numerous condemnations and made much more clear the Church's opposition to the secret society. [William J. Whalen: Excerpt from the Article Papal Condemnations of the Lodge (circa 1955-1958)]
The third papal pronouncement against masonry was made by Pope Pius VII in 1821 and made it eminently clear that the ban was to be universally applicable. Subsequent confirmations by Pope Leo XII (1826), Pope Pius VIII (1829), and Pope Gregory XVI (1832) were made along with popes subsequent to them. However, there was confusion on this prior to Pius VII's time viz. the scope of the ban. Someone who was honestly seeking to learn from history rather than involve themselves in ideological anachronistic interpretations would approach these things with care. And in fact, that is the underlying thread that permeates all three of these posts -something your host will touch on briefly and then conclude this series.
Unfortunately, David has failed time and again to account for numerous threads in the mosaic of the history of the period under discussion (circa 1775-1815). For this reason, he has made no small number of errors in his reading of the historical record. But then again, if he was familiar with how history should be approached, he would not act in this fashion.{3} In the latter subject, some words from Pope John Paul II on the one hundreth anniversary of the death of Pope Leo XIII come to mind which will be used in concluding this thread.
[I]n the study of history it is impossible to apply automatically to the past criteria and values acquired only in the course of the centuries. Rather, it is important first of all to make the effort to return to the social-cultural context of the period, to understand what occurred on the basis of the motivations, circumstances and implications of the period under examination. Historical events are the result of a complex interaction between human freedom and personal and structural conditioning. All this should be borne in mind. [Pope John Paul II: Excerpt from his Message on the 100th Anniversary of the Death of Pope Leo XIII (c. 2003)]
And indeed your host has borne the above advice of Pope John Paul II in mind throughout this response. Hopefully in time, David Jones and his ideological allies will learn to act in like manner.
Addendum - For Further Reading
Catholics and the Republic (Fr. Christopher Hunter -SSPX)
With the exception of a particular bit about George Washington converting on his deathbed (this by all appearances appears to be an urban legend of sorts) and one or two other minor issues (such as the organization of the SSPX itself), I recommend the above article from my former pastor wholeheartedly.
Notes:
{1} Probabilism is something Bishop John would have learned as a Jesuit and which his brother Daniel would probably be familiar with from his six years of study at the Jesuit college in Flanders.
As far as what is and is not "binding", there was a question in the eighteenth century as to whether the nature of masonry in America was the same as masonry in Europe. This matter was later clarified in the nineteenth century but during the lifetime of Daniel Carroll, it was not so clear and failure to take this into account is for David to do Daniel and John Carroll a monumental injustice.
{2} To briefly remind readers of the authority and obligations of a diocesan bishop:
The bishop [has] obligations regarding the Holy See. Throughout his entire administration he must conform to the general legislation of the Church and the directions of the pope. [Catholic Encyclopedia: From the Article Bishops (c. 1913)]
And as Bishop Carroll made it clear in 1794 that he did not see the ban as being among the general legislation of the Church, readers should be very cautious to impute evil motives to a prelate whom the American hierachy (and not a few popes) had high praise for.
{3} Two "points to ponder" threads on the role of the historian and potential biases of certain approaches to history may prove instructional on this point:
Points to Ponder on the Role of the Historian (circa October 14, 2005)
Readers can note that my approach to this whole subject has been in accordance with the proper approach as outlined by the twentieth century British historical philosopher Herbert Butterfield...the first paragraph outlines my approach to historical issues and the second one outlines the approach of David Jones. But there is more:
Points to Ponder on the Myopic View of the Whig Historian (circa October 17, 2005)
While the example Buttefield uses in the above thread to illustrate the problematical limitations of the Whig approach to history does not apply to David Jones, the method being criticized (via the examples given) unquestionably does. There is nothing authentically
ressourcement oriented in David Jones' approach to the subject in question whatever pretentions his posting them on a weblog which deals (supposedly) with
ressourcement methodology may appear to imply. But that is a subject for perhaps another time.