but none are more consoling than the homage paid even by her enemies to the moral splendour of her faith. It lights up the past, as well as the present. Working their way back, dispassionate minds discover that all that is bright and pure and attractive in Ireland has had its origin in a well nigh interminable past. Every revival of Christian life has been the result of her own inherent energy: the fire and light have come from out her own bosom. So men begin to say to themselves: if gentle Christian manners, charity, self-devotion and purity, are now found in the livery of poverty and shame, unnoticed and unchronicled amongst the glens of Donegal and Kerry, is it not fair to argue that the parents of these virtues existed, under similar conditions, throughout long ages of obscurity and oblivion? No lineage is so hard to reunite as that of faith once broken. Fidelity is the charter of the nobility of that faith transmitted to his children by a saint who was sent by God to baffle all human calculations, to build up an empire on defeat, and to make the reason of man the adoring, and therefore humble captive of divine inspiration.

ADDENDA.

W. B. MORRIS.

This Essay was in the hands of the printer when the writer heard of the death of the Rev. J. F. Shearman. It is a consolation to him to remember that when in November, 1880, in deference to wishes expressed in high quarters, he republished his article, "The Apostle of Ireland and his Modern Critics," he sent a copy to F. Shearman and wrote in the following terms :-"I am sure you will believe me when I say that I suffered intense pain in fulfilling what I believed to be my duty to St. Patrick, to whom, as the Father of my faith, I owe a debt of love and loyalty which must be supreme over every other consideration. I hope that the Introduction, and the omission of M. Renan's name will help to moderate the tone of my remarks. Hoping that no literary contests will ever disturb our union in that bond of charity and peace which unites us in the Faith inherited from St. Patrick."

A

THEOLOGICAL NOTES.

VERIFICATIO PETITIONIS,

S yet ecclesiastical usage has not fixed on one definite and exclusive meaning for the phrase "executio dispensationis." Sometimes, though rarely, it denotes the performance of a function for whose validity or lawfulness a dispensation was sought and obtained. Much oftener it is synonymous with fulmination. This is the strict sense, and in it the words may include absolution from censures and certain crimes, in addition to removal of the impediment and legitimation. But there is a wider and still more convenient meaning attached to the expression, when speaking of dispensations granted, as usually happens, in forma commissoria. Thus Burgt1 in his treatise, with much advantage, ranges under executio four distinct acts. They

are:

1° Due verification of the petition as required by law or precept.

2o. The imposing of such obligations on the petitioners as are prescribed.

3o. The fulmination of the dispensation.

4o. Its acceptance in some way by the persons to whom it is granted.

For the present the first of these will be enough to consider, and the most suitable arrangement seems to accord with the order of precedence-Papal dispensations coming before those which Bishops give in virtue of delegated or quasi-ordinary faculties. Throughout there. is no question of "veritas supplicationis," but of its "verificatio." To guard against the evil of invalid fulmination, such as occurs where the petition is not truthful, or does not contain everything that should be explained, or where some circumstance has intervened to prevent the grace from having its effect, it was deemed best to put upon each delegate's conscience the burthen of verifying the supplication in every case. Accordingly verification is required not because of any unfavourable suspicion in regard to a particular application or class of applications, but because of the general danger incidental proceedings of this kind. Hence, the truthfulness of the

Tractatus de Dispensationibus Matrimonialibus p. 58.

prayer will not supply for it. But what precise effect its omission has upon a dispensation is, to some extent, a matter of controversy.

First of all, Papal dispensations are scarcely ever given at the present day in forma gratiosa. On this subject, then, little comment need be added to the words of the Council of Trent (Sess. 22, c. v., de ref.) which contain the law in foro externo, and are generally held to impose an obligation under pain of nullity:

eae vero, quae gratiose concedentur, .suum non sortiantur effectum nisi prius ab iisdem (ordinariis) tanquam delegatis apostolicis, summarie tantum et extrajudicialiter cognoscatur, expressas preces, subreptionis vel obreptionis vitio non subjacere."

Accordingly, though dispensations in this form do not need fulmination to produce their effect, they do require substantial verification of the prayer addressed to the Holy See, at the hands of the Ordinaries, before being of any service to the parties concerned.

The question of verification, however, has its great practical import in connection with dispensations in forma commissoria. Here, as is evident, it is the person to whom fulmination is committed who is directly responsible for having the petition verified. Now for the internal forum the confessor is usually selected, while almost to a certainty a commission in foro externo will be intrusted to the Bishop or Ordinary. As in both cases verification is a matter of serious concern, it may be well to enumerate in general terms the points for investigation:

1° The names, diocese, and alleged qualities (only qualities where the confessor executes) of petitioners? 2o Was the impediment, or impediments, properly described, or have others supervened?

3o Were the circumstances, which must be stated, correctly set forth, or have any such occurred in the meantime?

4 The truth or untruth of causes?

5o In countries not subject to Cong. de Propaganda Fide, was the status fortunae fairly returned for dispensations in foro externo?

So far, there is scarcely any room for difference of opinion. But the case is far otherwise when it is asked whether verification is or is not required for the validity of a dispensation. Some say it is absolutely. Others consider the truthfulness of the petition sufficient. Others again

hold its necessity for the forum externum, but not for the forum internum. Some distinguish between the causes and every other part, as will appear further on. Lastly, there are not a few who think that the matter depends on the wording of the mandatum dispensandi. According to this view the inquiry is indispensable if the form “si preces veritate niti repereris" occurs; but not so if, as pretty often happens in dispensations for the forum internum, “si ita est," or any similar phrase, not specifying the act of verification, be found instead.

It adds considerably to the difficulty of drawing any certain conclusion out of so much disagreement, that canonists have here the assistance of very little written law to support their opinions either in regard to custom or the Stylus Curiae. No doubt Benedict XIV., has given his private views on one portion of the subject, and legislated or declared the law on another. But anyone who carefully reads what he said in either capacity will see how far that Pontiff was from finally settling every point in the controversy. As Pope, in his constitution," Ad Apostolicae Servitutis," dated 25 Feb., 1742, he states

"Si contingat ob causas minime veras existentes, ut dispensatio executioni non tradatur; qui eam impetrarunt apud Negotiorum Gestores, seu Litterarum Apostolicarum Expeditores conqueruntur; a quibus, nonnunquam responderi solet, executionem perperam, et injuria denegatam fuisse, quia expressio causarum, earumque verificatio, in dispensationibus non est aliquid substantiale, sed formalitas quaedam, et Forensis styli ccnsuetudo: quod non minus veritati adversatur, quam executionis ordinem, ac modum bene, ac prudentur constitutum subvertit; cum expressio causarum, earumque verificatio, ad substantiam, et validitatem dispensationis pertineat, illisque deficientibus, gratia nulla et irrita sit, nullamque executionem mereatur."

This constitution is commended and enforced by a letter from Gregory XVI., to the Cardinal Pro-Datary on the 22nd November, 1836. But it deals with the verification of causes and of nothing else. Some even hold that its provisions apply to the forum externum alone. This opinion, however, is scarcely probable. The Pontiff himself makes no distinction, and seems in more passages than one to have the confessor in view. Thus he writes, "executionem dispensationum ut plurimum committi ordinariis locorum," and more plainly in imposing the conscientious obligation Episcopos, Locorum Ordinarios, ceterosque Executores Litterarum Apostolicarum,

66

quibus hujusmodi dispensationum executio committi

solet."

For the opinion of some other writers, who hold that Benedict XIV.,insists only on "veritas causarum," there seems to be almost equally little reason. His own language here and elsewhere, the common and correct usage of authors, and the words of Gregory XVI., clearly imply a meaning in "expressio causarum earumque verificatio" entirely distinct from mere truthfulness. Not only are causes required to exist they must also be expressed in the petitions, and verified by the delegates. Nay more, in this important law, there appears to be question of an inquiry held after the commission of dispensing has been received. And hence arises a grave issue as to whether the careful investigation, which in modern times precedes the drawing up of a formal petition, is by itself sufficient.

No doubt this first inquiry is not in all respects what the Pontiff speaks of, and when feasible the case should again be looked over with care. Still the law is in substance observed, if besides diligent preliminary investigation sure knowledge is had that no invalidating circumstance has meanwhile occurred. Cardinal Lambertini, who was afterwards Benedict XIV., explaining the clause "si ita est" for the forum internum, says verification is necessary "nisi forte ipse (executor) aliunde rei veritatem, justamque causam cognoverit." And most authors consider themselves justified in holding that the legislation of the Pope for both forums should be understood according to his own previous interpretation of the law for the forum internum.

A still stronger argument in favour of the same conclusion is derived from a private response given at Rome in 1868, to the Bishop of S. Hippolytus. We cannot find an authentic copy, but, as quoted by Feije,' it runs thus:

"Propositum fuit aliquando S. Poenitentiariae dubium, num bene se gereret quidam Ordinarius, qui praemissis per parochum seu vicarium foraneum et per testes informationibus pro concedendis literis ad impetrandas apud Ap. Sedem dispensationes, inde acceptas literas Apostolicae dispensationis, absque mora executioni mandabat easque parochis remittebat, eis praecipiens, ne illis contrahentibus manifestarent, nisi vera essent exposita. Jamvero huicdubio S. Poenit. rescripsit: Inquisitio quac praecipitur in Apos. literis matrimonii ex narratis quoad substantiam fieri videtur."

1 P. 729.