Note 2 — CONTENTS

Footnote 2:

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Sohm (p. 160) declares: "The foundation of Catholicism is the divine Church law to which it lays claim." In many other passages he even seems to express the opinion that the Church law of itself, even when not represented as divine, is the hereditary enemy of the true Church and at the same time denotes the essence of Catholicism. See, e.g., p. 2: "The whole essence of Catholicism consists in its declaring legal institutions to be necessary to the Church." Page 700: "The essence of Church law is incompatible with the essence of the Church." This thesis really characterises Catholicism well and contains a great truth, if expressed in more careful terms, somewhat as follows: "The assertion that there is a divine Church law (emanating from Christ, or, in other words, from the Apostles), which is necessary to the spiritual character of the Church and which in fact is a token of this very attribute, is incompatible with the essence of the Gospel and is the mark of a pseudo-Catholicism." But the thesis contains too narrow a view of the case. For the divine Church law is only one feature of the essence of the Catholic Church, though a very important element, which Sohm, as a jurist, was peculiarly capable of recognising. The whole essence of Catholicism, however, consists in the deification of tradition generally. The declaration that the empirical institutions of the Church, created for and necessary to this purpose, are apostolic, a declaration which amalgamates them with the essence and content of the Gospel and places them beyond all criticism, is the peculiarly "Catholic" feature. Now, as a great part of these institutions cannot be inwardly appropriated and cannot really amalgamate with faith and piety, it is self-evident that such portions become continued: legal ordinances, to which obedience must be rendered. For no other relation to these ordinances can be conceived. Hence the legal regulations and the corresponding slavish devotion come to have such immense scope in Catholicism, and well-nigh express its essence. But behind this is found the more general conviction that the empirical Church, as it actually exists, is the authentic, pure, and infallible creation: its doctrine, its regulations, its religious ceremonial are apostolic. Whoever doubts that renounces Christ. Now, if, as in the case of the Reformers, this conception be recognised as erroneous and unevangelical, the result must certainly be a strong detestation of "the divine Church law." Indeed, the inclination to sweep away all Church law is quite intelligible, for when you give the devil your little finger he takes the whole hand. But, on the other hand, it cannot be imagined how communities are to exist on earth, propagate themselves, and train men without regulations; and how regulations are to exist without resulting in the formation of a code of laws. In truth, such regulations have at no time been wanting in Christian communities, and have always possessed the character of a legal code. Sohm's distinction, that in the oldest period there was no "law," but only a "regulation," is artificial, though possessed of a certain degree of truth; for the regulation has one aspect in a circle of like-minded enthusiasts, and a different one in a community where all stages of moral and religious culture are represented, and which has therefore to train its members. Or should it not do so? And, on the other hand, had the oldest Churches not the Old Testament and the διαταξεις of the Apostles? Were these no code of laws? Sohm's proposition: "The essence of Church law is incompatible with the essence of the Church," does not rise to evangelical clearness and freedom, but has been formed under the shadow and ban of Catholicism. I am inclined to call it an Anabaptist thesis. The Anabaptists were also in the shadow and ban of Catholicism; hence their only course was either the attempt to wreck the Church and Church history and found a new empire, or a return to Catholicism. Hermann Bockelson or the Pope! But the Gospel is above the question of Jew or Greek, and therefore also above the question of a legal code. It is reconcilable with everything that is not sin, even with the philosophy of the Greeks. Why should it not be also compatible with the monarchical bishop, with the legal code of the Romans, and even with the Pope, provided these are not made part of the Gospel.