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Brownson, Orestes Augustus, 1803-1876

"The American Republic : constitution, tendencies and destiny"

; and a Spanish monk who
had asserted it in Madrid, under Philip II., was compelled by the
Inquisition to retract it publicly in the place where he had
asserted it. All republicans reject it, and the Church has never
sanctioned it. The Sovereign Pontiffs have claimed and exercised
the right to deprive princes of their principality, and to
absolve their subjects from the oath of fidelity. Whether the
Popes rightly claimed and exercised that power is not now the
question; but their having claimed and exercised it proves that
the Church does not admit the inamissibility of power and passive
obedience; for the action of the Pope was judicial, not
legislative. The Pope has never claimed the right to depose a
prince till by his own act he has, under the moral law or the
constitution of his state, forfeited his power, nor to absolve
subjects from their allegiance till their oath, according to its
true intent and meaning, has ceased to bind. If the Church has
always asserted with the Apostle there is no power but from
God--non est potestas nisi a Deo--she has always through her
doctors maintained that it is a trust to be exercised for the
public good, and is forfeited when persistently exercised in a
contrary sense. St. Augustine, St. Thomas, and Suarez all
maintain that unjust laws are violences rather than laws, and do
not oblige, except in charity or prudence, and that the republic
may change its magistrates, and even its constitution, if it sees
proper to do so.


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