Thursday, November 20, 2025

Excerpts from Joseph Fessler, The True and False Infallibility of the Popes

The following excerpts are taken from:

 

Joseph Fessler, The True and False Infallibility of the Popes: A Controversial Reply to Dr. Schulte (3d ed.; trans. Ambrose St. John; 1875)

 

 

Extract from a Brief addressed to Bishop Fessler by his Holiness Pope Pius IX.

April 27, 1871.

 

‘. . . . . Peropportunum autem et utilissimum existimavimus retudisse te audaciam Professoris Schulte incitantis saeculares Potestates adversus dogma Pontificiæ infallibilitatis ab œcumenicâ Vaticanâ Synodo definitæ.  Non omnes enim, interlaicos præsertim, rei indolem perspectam habent ; et veritas luculenter exposita multas abigere solet ab honestorum mentibus obliquas opinones, sæpe cum lacte haustas, aliosque confirmare in rectâ sententiâ et adversus insidias munire.  Quamobrem si hujusmondi commenta refellere pergas, optime certe merebis de santissima religione nostrâ et Christiano populo, quem, uti bonus Pastor, a venenatis pascuis abduces.  Pergratum Nos tibi profitemur animum, cum ob volumen oblatum, tum ob amantissimas litteras tuas; tibique amplam apprecamur obsequii devotionisque tuæ mercedem. . . ..’

 

Translation.

 

‘. . . . .We esteem it a very opportune and useful thing to have beaten back the audacity of Professor Schulte, inciting as he does the secular powers against the dogma of Papal Infallibility, as defined by the Ecumenical Council of the Vatican.  For it is a matter the true meaning of which, no all men, and especially not all laymen, have a thoroughly clear understanding of, and the truth, when lucidly set forth, is wont to expel from properly constituted minds opinions which men perhaps have drunk in with their mother’s milk, to confirm others in a right mind, and fortify them against insidious attacks.  Wherefore, if you continue to refute figments of this kind, you will deserve well of our most holy religion, and of all Christian people, in that, like a good pastor, you withdraw them from poisoned pastures.  We make known to you, then, the great pleasure you have given Us, both by reason of the book which you have presented to Us, as well as by reason of your most affectionate letters; and We pray that you may receive a rich reward for your deference to Our authority and devotion towards Ourselves. . . . .’

(Signed by the Pope’s own hand.)

 

 

Note. – The fact of the Brief and its signature is derived from M. Anton.  Erdinger, director of the Episcopal Seminary at St. Polten, author of the Life of Bishop Fessier, who sent a copy of it to M.Cosquin of the Français, to whom I am indebted for these important notices.  The Pope’s Brief is not given entire, as the remainder of it has reference solely to local diocesan affairs.

 

 

From “Translator’s Introduction”:

 

This important work of the lamented Dr. Fessler, Bishop of St. Polten, or more properly St. Hippolytus, in Austria, who was Secretary-General to the Vatican Council in the year 1870, and who, worn out with the fatigues of the Council, died two years afterwards, is now for the first time brought before the notice of English Catholics.

 

 

How to recognize if a document/statement is ex cathedra:

 

It will hardly surprise any one who has perused Dr. Schulte’s explanatory Preface to his work to be told that Dr. Schulte’s very starting-point is unsound and misleading. He assumes, he says, that each individual Catholic Christian must be able, without the intervention of bishop or priest—i.e. without having recourse to any teaching authority in the Church—to recognise at once what is an ex cathedrâ utterance of the Pope; and this ‘because each one has to work out his own salvation.’

 

Were Dr. Schulte to say that his meaning in these words is (even if he has not said so expressly) that every Catholic can by the assistance of the Church’s teaching office (i.e. through her bishops and priests) learn what is a Papal utterance ex cathedrâ, and therefore infallible, even in the face of conflicting difficulties, then indeed he would explain and rectify his position; but were he to admit this, then indeed he would certainly arrive at a different result from that at which he has actually arrived.

 

For the bishops and priests are quite aware that when there is no authentic explanation of a Papal ex cathedrâ utterance, the Theological Faculty, which has been for centuries engaged upon this question, has to be heard upon the marks of a real utterance; and that in reality the short de fide definition in the Vatican Council in its few words does but contain what the science of Theology has been this long time investigating at great length, with the full knowledge and admission of the difficult questions arising out of the history of ancient times. But we shall look in vain, as Dr. Schulte from his own experience admits, if we wish to find from History of Theology that such Papal utterances are to be recognised, sometimes from the words used, sometimes from the circumstances, and sometimes from the definition itself, as though each one of these marks was of itself sufficient to establish the fact.

 

On our part, we find that it is the view of Catholic theologians that there are two marks of an ex cathedrâ utterance, and, moreover, that these two marks must both be found together—viz. that (1) the objectum or subject-matter of the decision must be doctrine of faith or morals; and (2) the Pope must express his intention, by virtue of his supreme teaching power, to declare this particular doctrine on faith and morals to be a component part of the truth necessary to salvation revealed by God, and as such to be held by the whole Catholic Church, he must publish it, and so give a formal definition in the matter (definire). These two marks must be found together. Any mere circumstances do not suffice to enable a person to recognise what a Pope says as an utterance ex cathedrâ, or, in other words, as a de fide definition. It is only when the two other marks just mentioned are acknowledged to be present that the circumstances of the case serve to support and strengthen the proof of the Pope’s intention; and this intention will be made known by his own words.

 

Should, however, these marks not give us a certainty absolutely free from all doubt as to whether, in a certain case, there is a Papal utterance ex cathedrâ, then will the subordinate teaching authority of the Church have recourse to the highest Authority himself, to ask him what his intention was in such an utterance,* or to ask whether a formal Papal utterance on such and such a matter is to be looked upon as ex cathedrâ. (pp. 50-52)

 

Note on p. 52:

 

* Such an appeal to the Pope is not, then, so absurd as Dr. Schulte says; on the contrary, where there is a supreme authority, it is quite intelligible and reasonable on the part of the Pope’s subordinates in matters on which a doubt might arise on the applicability of the Pope’s intention to a particular case, although in the first instance the intention was clearly expressed.

 

(Of course Bishop Fessler is here understood as meaning that this fresh explanation of the definition must be provided with all the marks which are necessary to prove the presence of a real definition; just as in a will any alteration or explanation forming part of a will, must be attested by the same witnesses and with the same formalities as were required for the original document. TRANSLATOR.)

 

 

Papal Infallibility and the Deposit of Faith (cf. DS 3070):

 

Having made his own exposition of notes of a definition, Dr. Schulte proceeds to assert ‘that only the Pope himself can define the subject-matter, the comprehensiveness, and the limits of an utterance ex cathedrâ.’ This assertion is so far true, that it is certain that no human authority can prescribe anything to the Pope in this matter. If, however, it is meant that the Pope, according to his own will and fancy, can at all events extend his infallible definition even to matters relating to the Jus publicum, to which the divine revelation does not extend, then he has laid the case before us quite erroneously. The Pope, in his doctrinal utterances, only speaks what he finds under the special divine assistance, to be already part of the truth revealed by God necessary for salvation, which He has given in trust to the Catholic Church (i.e. in the divine depositum fidei). The same assistance of God which securely preserves the Pope from error preserves him with equal security from declaring that to be revealed by God, and intrusted to the keeping of the Catholic Church as a matter of truth or morals, which God has not revealed and has not deposited in His Church. (p. 53)

 

 

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