Was it legitimate? Yes; for the Holy See has a right to suppress what it has created.
CHAPTER XVIII
THE INSTRUMENT
Summary of the Brief of Suppression and its Supplementary Document.
The Brief of Clement XIV which suppressed the Society begins by enumerating the various religious orders which have been treated in a similar manner at different periods in the history of the Church, but it omits to note that their extinction occurred only after a juridical examination. Thus, for instance, when Clement V suppressed the Knights Templars in 1321, he first ordered all the bishops of the world to summon the Knights who had chapters in their dioceses; to subject them to a regular trial and then to forward a report of their proceedings to Rome. When this was done a general council was convened at Vienne in Dauphiné to go over the whole matter and then submit its decision to the Pope. The council brought in a favorable verdict by a majority vote, although the Knights were very poorly defended, but the Pope, terrorized by Philip the Fair, ordered the dissolution of the Order. In the case of the Society there was a dissolution but no trial.
After recounting these facts, the Pontiff says: "Having before my eyes these and other examples of Orders suppressed by the Church and being most eager to proceed with perfect confidence in carrying out the purpose which shall be referred to later, we have left nothing undone to make ourselves acquainted with the origin, progress and actual condition of the religious order commonly known as the Society of Jesus. We have seen that it was established by its Holy Founder for the salvation of souls, the conversion of heretics and especially of the heathen, and also for the increase of piety and religion. To accomplish these purposes its members were bound by a very strict vow of evangelical poverty both in common and individually, with the exception of its houses of study or colleges which are allowed to possess certain revenues, but in such wise that they could not be diverted or applied to the use of this Society.
"In consequence of these statutes and of others equally wise, our predecessor Paul III approved of the Society of Jesus, by his Bull of September 27, 1540, and allowed it to draw up rules and statutes to ensure its peace, its existence and its government; and although he had restricted this Society to sixty members, yet by another Bull dated February 28, 1543, he permitted the superiors to receive all who appeared to possess the proper qualifications for the work proposed. Subsequently, the same Pontiff by a Brief of November 15, 1549, accorded very great privileges to this Society and gave its Generals the power of accepting twenty priests as spiritual coadjutors and of conferring on them the same privileges, the same favor and the same authority as the Professed. His wish was and he so ordained that there should be no limit or restriction put on the number of those whom the General should judge worthy of being so received. Furthermore, the Society itself, all its members and their possessions were entirely withdrawn from all superiorship, control and correction of bishops and taken under the protection of the Holy See.
"Others of our predecessors have exhibited the same munificent liberality to this order. In effect Julius III, Paul IV, Paul V, Gregory XIII, Sixtus V, Gregory XIV, Clement VIII and other Popes have either confirmed or augmented, or more distinctly defined and determined the privileges already conferred on these religious. Nevertheless, the tenor and even the terms of these Apostolic Constitutions show that even at its inception the Society saw spring up within it various germs of discord and jealousies, which not only divided the members, but prompted them to exalt themselves above other religious orders, the secular clergy, the universities, colleges, public schools and even the sovereigns who had admitted and welcomed them in their realms. These troubles and dissensions were sometimes caused by the character of the Society's vows, by its power to admit novices to the vows, to dismiss from the Society, to present its subjects for ordination without any ecclesiastical title and without having made solemn vows. Moreover, it was in conflict with the decisions of the Council of Trent and of Pius V, our predecessor, both with regard to the absolute power arrogated by the General, as well as in other articles which not only relate to the government of the Society, but also on different points of doctrine, and in the exemptions and privileges which the ordinaries and other dignitaries both ecclesiastical and secular claim to be an invasion of their jurisdiction and their rights. In brief, there is scarcely any kind of a grave accusation that has not been brought against this Society, and in consequence, the peace and tranquillity of Christendom has been for a long time disturbed.
"Numberless complaints backed by the authority of kings and rulers have been urged against these religious at the tribunals of Paul IV, Pius V and Sixtus V. Thus, Philip II, King of Spain, laid before Sixtus V not only the urgent and grave personal reasons which prompted his action in this matter, but also the protest of the Spanish Inquisition against the excessive privileges of the Society. His majesty also complained of the Society's form of government, and of points in the Institution which were disputed by some of the members of the Society who were conspicuous for their knowledge and piety, and he asked the Sovereign Pontiff to name a commission for an Apostolic visitation of the Society.
"As the zealous demands of Philip seemed to be based on justice and equity, Sixtus V appointed as visitor Apostolic a bishop generally recognized for his prudence, virtue and intellectual gifts. A congregation of cardinals was also instituted to dispose of the matter, but the premature death of Sixtus prevented any action. On the other hand, the first act of Gregory XIV on his accession to the Chair of Peter was to give by his Bull of June 28, 1591, the most extensive approval of the Institute. He confirmed and ratified all the privileges accorded by his predecessors, and especially that of dismissal from the Order without juridical procedure, that is to say without having taken any previous information, without drawing up any indictment, without observing any legal process, or allowing any delay, even the most essential, but solely on the inspection of the truth of the fact and without regard to the fault or whether it or the attendant circumstances sufficiently justified the expulsion of the person involved.
"Moreover, Pope Gregory absolutely forbade under pain of excommunication ipso facto, any direct or indirect attack on the institute, the constitutions, or the decrees of the Society, or any attempt to change them, although he permitted an appeal to himself or his successors, either directly or through the legates and nuncios of the Holy See, and also the right to represent whatever one might think should be added, modified or retrenched.
"However, all these precautions did not avail to silence the clamorous complaints against the Society. On the contrary, strife arose everywhere about the doctrines of the Order, which many maintained were totally opposed to the orthodox faith and sound morality. The Society itself was torn by internal dissensions while this external warfare was going on. It was also everywhere reproached with too much avidity and eagerness for earthly goods and this complaint caused the Holy See much pain and exasperated many rulers of nations against the Society. Hence, to strengthen themselves on that point these religious, wishing to obtain from Paul V of happy memory a new confirmation of their Institute and their privileges, were compelled to ask for a ratification of some decrees published in the fifth general congregation and inserted word for word in his Bull of September 14, 1606. These decrees expressly declared that the Society assembled in general congregation had been compelled both by the troubles and enmities among the members, and by the charges from without, to formulate the following statute: —
"'Our Society which has been raised up by God for the propagation of the Faith and the salvation of souls, is enabled by the proper functions of its Institute which are the arms of the spirit to attain under the standard of the Cross the end it proposes, with edification to the neighbor and usefulness to the Church. On the other hand, it would do harm and expose itself to the greatest danger if it meddled in affairs of the world and especially with what concerns the politics and government of States. But, as in these unfortunate times our Order, perhaps because of the ambition or indiscreet zeal of some of its members, is attacked in different parts of the world and is complained of to certain sovereigns whose consideration and affection we have been bidden by St. Ignatius to preserve so that we may be more acceptable to God, and as, besides, the good odor of Jesus Christ is necessary to produce fruits of salvation, this congregation is of the opinion that it is incumbent upon all to avoid as far as possible even the appearance of evil, and thus to obviate the accusations that are based on unjust suspicions. Hence, the present decree forbids all under the most rigorous penalties to concern themselves in any way with public affairs, even when invited to do so or when for some reason they may seem to be indispensable. They are not to depart from the Institute of the Society no matter how entreated or solicited, and the definitors are to lay down rules and to prescribe the means best calculated to remedy abuses in cases which may present themselves.'
"We have observed with bitter grief that these remedies and many others subsequently employed failed to put an end to the troubles, complaints and accusations against the Society, and that Urban VIII, Clement IX, Clement X, Clement XI, Clement XII, Alexander VII, Alexander VIII, Innocent X, Innocent XI, Innocent XII, Innocent XIII, and Benedict XIV were unable to give the Church peace. The constitutions which were drawn up with regard to secular affairs with which the Society should not concern itself, whether outside of these missions or on account of them, failed to have any result. Nor did they put an end to the serious quarrels and dissensions caused by members of the Society with the ordinaries and, religious orders, or about places consecrated to piety, and also with communities of every kind in Europe, Asia and America; all of which caused great scandal and loss of souls. The same was true with regard to the practice and interpretation of certain pagan ceremonies which were tolerated and permitted in many places while those approved of by the Universal Church were put aside. Then, too, there was the use and interpretation of maxims which the Holy See deemed to be scandalous and evidently harmful to morality. Finally, there were other things of great moment and of absolute necessity for the preservation of the dogmas of the Christian religion in its purity and integrity which in our own and preceding centuries led to abuses and great evils such as the troubles and seditions in Catholic states, and even persecutions of the Church in some provinces of Asia and Europe.
"All of our predecessors have been sorely afflicted by these things, among others Innocent XI of pious memory, who forbade the habit to be given to novices; Innocent XIII, who was obliged to utter the same threat; and, finally, Benedict XIV, who ordered a visitation of the houses and colleges of our dear son in Christ, the most faithful King of Portugal and the Algarves. But the Holy See derived no consolation from all this; nor was the Society helped; nor did Christianity secure any advantage from the last letter, which had been rather extorted than obtained from our immediate predecessor Clement XIII (to borrow the expression employed by Gregory X in the Ecumenical Council of Lyons.)
"After so many terrible shocks, storms and tempests, the truly faithful hope to see the day dawn which will bring peace and calm. But under the pontificate of our predecessor Clement XIII, the times grew more stormy. Indeed, the clamors against the Society augmented daily and in some places there were troubles, dissensions, dangerous strifes and even scandals which, after completely shattering Christian charity, lighted in the hearts of the faithful, party spirit, hatred and enmity. The danger increased to such a degree that even those whose piety and well-known hereditary devotion to the Society, namely our very dear sons in Jesus Christ, the Kings of France, Spain, Portugal and the Two Sicilies, were forced to banish from their kingdoms, states and provinces all the religious of this Order; being persuaded that this extreme measure was the only means of remedying so many evils and putting an end to the contentions and strife that were tearing the bosom of Mother Church.
"But these same kings, our very dear sons in Jesus Christ, thought that this remedy could not be lasting in its effects or could avail to tranquillize Christendom unless the Society was altogether abolished and suppressed. Hence, they made known to Clement XIII their desire in this matter and asked him with one accord and with all the authority they possessed, adding also their prayers and entreaties to bring about in that way the perpetual tranquillity of their subjects and the general good of the Church. But the sudden death of that Pontiff checked all progress in the matter. Hardly, however, had we, by the mercy of God, been elevated to the Chair of St. Peter, than the same prayers were addressed to us, the same insistent demands were made and a great number of bishops and other personages illustrious by their learning, dignity and virtue united their supplications to this request.
"Wishing, however, to take the surest course in such a grave and important matter, we believed we needed a much longer time to consider it, not only for the purpose of making the most exact examination possible and then to deliberate upon the most prudent methods to be adopted and also to obtain from the Father of Light His especial help and assistance, we offered our most earnest prayers, mourning and grieving over what was before us, and we entreated the faithful to come to our aid by their prayers and good works. We have especially thought it advisable to find out upon what basis this widespread feeling rested with regard to the Society, which had been confirmed and approved in the most solemn manner by the Council of Trent. We discovered that the council mentions the Order only to exempt it from the general decree passed for other Orders. The Jesuit novices were to be admitted to profession if judged worthy, or they were to be dismissed from the Society. Hence the council (Session 25, c. xvi, de reg.) declared that it wished to make no innovation nor to prevent these religious from serving God and the Church in accordance with their pious Institute which had been approved by the Church.
"Wherefore, after having made use of so many necessary means, and aided as we think by the presence and inspiration of the Holy Ghost, and, moreover, compelled by the duty of our office which essentially obliges us to procure, maintain and strengthen with all our power, the repose and tranquillity of Christendom, and to root out entirely what could cause the slightest harm; and, moreover, having recognized that the Society of Jesus could no longer produce the abundant fruit and the great good for which it was instituted and approved by so many Popes, our predecessors, who adorned it with so many most admirable privileges, and seeing that it was almost and, indeed, absolutely impossible for the Church to enjoy a true and solid peace while this Order existed, being bound as we are by so many powerful considerations and compelled by other motives which the laws of prudence and the wise administration of the Church suggest but which we keep in the depths of our heart: Following in the footsteps of our predecessors and especially of Gregory X at the Council of Lyons, since the cases are identical, we do, hereby, after a mature examination, and of our certain knowledge, and by the plenitude of our Apostolic power, suppress and abolish the Society of Jesus. We nullify and abrogate all and each of its offices, functions, administrations, houses, schools, colleges, retreats, refuges and other establishments which belong to it in any manner whatever, and in every province, kingdom or state in which it may be found. We do the same for its statutes, customs, usages, decrees, constitutions, even those confirmed by the oath and by the approbation of the Holy See or otherwise, as well as all and each of its indults, both general and particular whose tenor we wish to be regarded as fully and sufficiently set forth by these present letters, as if they were here inserted word for word; notwithstanding any clause or formula to the contrary, no matter upon what decrees or obligations they may be based. Hence, we declare as forever broken and entirely extinct all authority, spiritual or temporal, of the General, provincials, visitors and other superiors of this Society, and we transfer absolutely and without restriction this same authority and this same jurisdiction to the ordinaries of the places where the aforesaid are, according to the case or persons, in the form and under the conditions which we shall explain hereafter; forbidding, as we do by these presents forbid, that any one should be received into this Society or admitted to the novitiate or invested with the habit. We also forbid any of those who have already been received to pronounce the simple or solemn vows, under pain of nullity either of their admission or profession and under other penalties as we may see fit. Moreover, we wish, ordain and enjoin that those who are at present novices, should be immediately, instantly and effectually dismissed, and we forbid those who have not made solemn vows and who have not yet been admitted to the priesthood to be promoted to either under the title or pretext of their profession or in virtue of any privileges accorded to the Society and in contravention of the decrees of the Council of Trent.
"But as the object we have in view and which we are most eager to attain is to watch over the general good of the Church and the peace of the nations, and at the same time to help and console each one of the members of this Society whom we tenderly cherish in the Lord, so that, freed at last from all the quarrels and disputes and annoyances in which they have until now been engaged, they may cultivate with more fruit the vineyard of the Lord and labor with more success for the salvation of souls, we decree and ordain that the members of this Society who have made only simple vows and who are not yet in Holy Orders shall depart from their houses and colleges freed from their vows, and that they are free to embrace whatever state they judge most conformable to their vocation, their strength and their conscience. The ordinary of the place will fix the time which may be deemed sufficient to procure an employment or an occupation, without, however, extending it beyond a year, just as in the Society they would be dismissed without any other reason than because the prudence of the superior so judges, and that without any previous citation or juridical proof.
"We allow those in Holy Orders either to leave their houses and colleges and enter some religious order approved by the Holy See, in which case they must pass the probation prescribed by the Council of Trent, if they have only taken simple vows, if they have taken solemn vows, the time of their probation will be six months in virtue of a dispensation which we give to that effect; or they may remain in the world as secular priests or clerics, and in that case they shall be entirely subject to the authority and jurisdiction of the ordinary of the place in which they reside. We ordain, also, that a suitable pension shall be assigned to those who remain in the world, until such time as they shall be otherwise provided for. This pension shall be derived from the funds of the house where they formerly lived, due consideration, however, being had to the revenues and the indebtedness of such houses.
"The professed who are already in Holy Orders and who fear they may not be able to live respectably on account of the smallness of their pension, either because they can find no other refuge or are very old and infirm, may live in their former houses on condition that they shall have no share in its administration, that they dress like secular priests and be entirely subject to the bishop of the place. We expressly forbid them to supply anyone's place or to acquire any house or place in the future, or, as the Council of Lyons decrees, to alienate the houses, goods or places which they actually possess. They may, nevertheless, meet in one or more houses, in such a manner that such houses may be available if needed for pious purposes, as may appear most in conformity, in time and place, with the Holy Canons and the will of the founders, and also more conducive to the growth of religion, the salvation of souls and public utility. Moreover, some one of the secular clergy, commendable for his prudence and virtuous life, must appear in the administration of such houses, as the name of the Society is now totally suppressed and abolished.
"We declare, also, that those who have been already expelled from any country whatever are included in the general suppression of the Order, and we consequently decree that those banished Jesuits, even if they are in Holy Orders and have not entered a religious order, shall from this moment belong to the secular clergy and be entirely subject to the ordinary of the place.
"If the ordinaries recognize in those who in virtue of the present Brief have passed from the Society to the state of secular priests necessary knowledge and correctness of life, they may grant or refuse them, as they choose, the permission to confess and preach, and without such authorization none of them can exercise such functions. However, the bishops or ordinaries will never grant such powers as are conceded to those not of the diocese, if the applicants live in houses or colleges formerly belonging to the Society; and therefore we forbid such persons to preach or administer the sacraments, as Gregory X, our predecessor prescribed in the general council already referred to. We lay it on the conscience of the bishops to watch over the execution of all this and we command them to reflect on the rigorous account they will have one day to render to God of the sheep committed to their care and of the terrible judgment with which the Sovereign Judge of the living and the dead menaces those who govern others.
"Moreover, if among those who were members of the Society there are any who were charged with the instruction of youth or who have exercised the functions of professors in colleges and schools, we warn them that they are absolutely deposed from any such direction, administration or authority and that they are not permitted to be employed in any such work, except as long as there is a reason to hope for some good from their labors and as long as they appear to keep aloof from all discussions and points of doctrine whose laxity and futility only occasion and engender trouble and disastrous contentions. We furthermore ordain that they shall be forever forbidden to exercise the functions aforesaid, if they do not endeavor to keep peace in their schools and with others; and that they shall be discharged from the schools if they happen to be employed in them.
"As regards the missions, we include them in everything that has been ordered in this suppression, and we reserve to ourselves to take measures calculated to procure more easily and with greater certainty of results the conversion of the heathens and the cessation of disputes.
"Therefore, we have entirely abolished and abrogated all the privileges and statutes of this Order and we declare that all of its members shall as soon as they have left their houses and colleges and have embraced the state of secular clerics, be considered proper and fit to obtain, in conformity with the Holy Canons and the Apostolic Constitutions, all sorts of benefices either simple or with the care of souls annexed; and also to accept offices, dignities and pensions, from which in accordance with the Brief of Gregory XIII of September 10, 1584, which begins with the words: 'Satis superque,' they were absolutely excluded as long as they belonged to the Society. We allow them also to accept compensations for celebrating Mass, which they were not allowed to receive as Jesuits, and to enjoy all the graces and favors of which they would have always been deprived as long as they were Clerks Regular of the Society. We abrogate likewise all permissions they may have obtained from the General and other superiors, in virtue of the privileges accorded by the Sovereign Pontiff, such as leave to read heretical books and others prohibited and condemned by the Holy See, or not to fast or abstain, or to anticipate the Divine Office or anything, in fact, of that nature. Under the severest penalties we forbid them to use such privileges in the future, as our intention is to make them live in conformity with the requirements of the common law, like secular priests.
"After the publication of the Brief, we forbid anyone, no matter who he may be, to dare to suspend its execution even under color, title or pretext of some demand, appeal or declaration or discussion of doubt that may arise or under any other pretext, foreseen or unforeseen; for we wish that the suppression and cessation of the whole Society as well as of all of its officers should have their full and entire effect, at the moment, and instantaneously, and in the form and manner in which we have described above, under pain of major excommunication incurred ipso facto by a single act, and reserved to us and to the Popes, our successors. This is directed against anyone who will dare to place the least obstacle, impediment or delay in the execution of this Brief. We order, likewise, and we forbid under holy obedience all and every ecclesiastic secular and regular, whatever be their grade, dignity, quality or condition, and notably those who are at present attached to the Society or were in the past, to oppose or attack this suppression, to write against it, even to speak of it, or of its causes or motives, or of the extinct Institute itself, its rules, constitutions or discipline or of anything else, relative to this affair, without the express permission of the Sovereign Pontiff. We likewise forbid all and everyone under pain of excommunication reserved to us and our successors to dare to assail either in secret or in public, verbally or in writing, by disputes, injuries and affronts or by any other kind of contempt, anyone, no matter who he may be and least of all those who were members of the said Order.
"We exhort all Christian princes whose attachment and respect for the Holy See we know, to employ all the zeal, care, strength, authority and power which they have received from God for the execution of this Brief, in order to protect and defend the Holy Roman Church, to adhere to all the articles it contains; to issue and publish similar decrees by which they may more carefully watch over the execution of this our present will and so forestall quarrelling, strife and dissensions among the faithful.
"Finally, we exhort all Christians and we implore them by the bowels of Jesus Christ Our Lord to remember that they have the same Master, Who is in heaven; the same Savior, Who redeemed them at the price of His blood; that they have all been regenerated by the grace of Baptism; that they have been all made sons of God and co-heirs of Christ; and are nourished by the same bread of the Divine word, the doctrine of the Church; that they are one body in Jesus Christ, and are members of each other; and consequently, it is necessary that being united by the bonds of charity they should live in peace with all men, as their only duty is to love each other, for he who loves his neighbor fulfills the law. Hence, also, they should regard with horror injuries, hatred, quarrels, deceits and other evils which the enemy of the human race has invented, devised and provoked to trouble the Church of God and to hinder the salvation of souls; nor are they to allege the false pretext of scholastic opinions or that of greater Christian perfection. Finally, let all endeavor to acquire that true wisdom of which St. James speaks (iii, 13): 'Who is a wise man and indued with knowledge among you? Let him show, by a good conversation, his work in the meekness of wisdom. But if you have a bitter zeal, and there be contentions in your heart; glory not, and be not liars against the truth. For this is not wisdom, descending from above; but earthly, sensual, devilish. For, where envying and contention is, there is inconstancy, and every evil work. For the wisdom, that is from above, first indeed is chaste, then peaceable, modest, easy to be persuaded, consenting to the good, full of mercy and good fruits, without judging, without dissimulation. And the fruit of justice is sown in peace, to them that make peace.'
"Even if the superiors and the other religious of this Order, as well as all those who are interested or pretend to be, in any way whatever, in what has been herein ordered, give no assent to the present Brief and were not summoned or heard, we wish, nevertheless, that it should never be attacked, weakened or invalidated on the plea of subreption, obreption, nullity, invalidity or defect of intention on our part or for any other motive, no matter how great or unforeseen or essential it may be, or because formalities and other things have been omitted which should have been observed in the preceding enactments or in any one of them, or for any other capital point deriving from the law or any custom, or indeed contained in the body of the law; nor can there be any pretext of an enormous or a very enormous and extreme injury inflicted; nor, finally, can there be any reasons or causes however just or reasonable they may be, even one that should have necessarily been expressed, needed to give validity to the rules above given. We forbid that it should be ever retracted, discussed or brought to court or that it be provided against by way of restitution, discussion, review according to law or in any other way to obtain by legal procedure, fact, favor or justice, in any manner in which it might be accorded, to be made use of either in court or out of it.