and the attention which was now given to the minutest details of these matters shows how much men’s minds were excited by the subject, and how, as usual, the church sought palliatives for the evil to which she dared not apply a radical cure.

A natural result of the effort made to suppress the evil was a refinement of ingenuity on the part of the evil-doers to escape the result of their transgressions, and the subtlety of casuists was taxed to the utmost in defining with precision all the acts and motives which would render offenders liable to the penalties decreed in the Papal Bulls, thus giving rise to quite a literature specially devoted to the subject.1520 In 1614, the Roman Inquisition, under Paul V., was obliged formally to declare that priests who used the confessional as a place of assignation were liable to the decrees, even though not engaged at the moment in administering the sacrament of penitence;1521 and in 1665 Alexander VII. felt it necessary to condemn the proposition that a confessor, while hearing a confession, could give his penitent a love-letter without incurring the guilt of solicitation.1522 The mode, however, which offered the surest escape was for the confessor to absolve his partner in sin, and thus release her from all obligation to denounce him,1523 for such an absolution was good, according to St. Thomas Aquinas.1524 This gave the church infinite trouble. It satisfied the conscience of the woman, for the council of Trent had taken care to declare that priests in mortal sin did not lose the power of absolution conferred on them by the Holy Ghost in their ordination,1525 while so vile a prostitution of the sacrament could not but bring the whole system into contempt. Yet casuists were found to distinguish between the guilt of him who soothes the conscience of the woman whom he had seduced by absolving her after the act, in which case he is not exposed to the penalties of solicitation,1526 and of him who promises absolution in advance as a temptation to sin, which brings him within the scope of the decrees.1527

The condemnation issued in 1665 by Alexander VII. of the proposition that absolution under such circumstances relieves the woman from the obligation of denunciation1528 shows the extent of the evil and the boldness of the perpetrators, but did nothing to cure it. A more effective step had been taken in 1661 by the provincial synod of Cambray, which was the revival of the ancient rule that no confessor should have power in such cases to grant absolution to his paramour except in articulo mortis; a precedent which was followed in 1663 by the congregation of arch-priests of the province of Mechlin.1529 This action seems to have aroused considerable opposition and no little discussion, for, at a convocation of bishops, held at Brussels in January, 1665, it was the first subject submitted for debate.1530 The question, however, remained unsettled, for, although the power to grant such absolution was specially excepted in all commissions issued to confessors in the province, the evil continued, and again came up for discussion at the synod of Namur, in 1698, when the practice was peremptorily forbidden for the future.1531 In the province of Besançon a canon of 1689 declares that although the abuse had been long prohibited, yet that it continued to flourish; and a formal enunciation was considered necessary, taking away the power of conferring absolution in such cases—a regulation which had to be repeated in 1707.1532 In 1709 the Cardinal de Noailles, Archbishop of Paris, issued an order prohibiting it in his diocese, but as late as 1741 Pontas informs us that such absolutions were valid in all places where they had not been forbidden by episcopal authority.1533 This extraordinary confession on such a subject was most discreditable to the church, and in 1741 Benedict XIV. signalized the commencement of his pontificate by converting these local regulations into a general law by his Bull, “Sacramentum Pœnitentiæ,” in which he not only endeavored to sweep away all the refinements by which casuists had so nearly nullified the decrees of his predecessors, but he devoted a special clause to the device by which the sacrilegious ministers of Satan rather than of God absolved their partners in guilt. This he absolutely prohibited for the future, except in articulo mortis when no other priest could be had; he took away the power of administering the sacrament of penitence in such cases, pronounced absolution null and void when thus given, and punished the attempt to give it by ipso facto excommunication removable by the papal court alone.1534 Four years later, he relaxed somewhat the rigor of these regulations in a manner which shows how everpresent was the fear of attracting attention to the frailties of ecclesiastics, for he permitted absolution in articulo mortis in all cases where another confessor could not be called in without attracting attention and causing suspicion and scandal, which was virtually to remove the prohibition.1535 In the same year he also renewed the decree of 1633 requiring the Papal Bulls on the subject to be read at least once a year in the chapters of all the monastic orders,1536 who seem to have been the principal offenders in these matters; doubtless for the reason which Llorente says was usually alleged as an excuse by culprits—because they had no other opportunity of sinning.1537

Energetic as was the legislation of Benedict, it by no means put an end to the trouble. The year after his Bull appeared, in 1742, the synod of Namur found it necessary to remind confessors that they could not absolve women whom they had seduced;1538 and in 1768 the Bishop of Ypres was obliged to recall to the attention of his clergy the Bulls of Gregory and of Benedict, and to threaten their transgressors with excommunication.1539 The abuse was by no means confined to Europe, but extended to the missionary stations of the church. In 1775 the Apostolic Vicar of Cochin China inquired of Pius VI. whether the Bull of Benedict XIV. applied to the Franciscan missionaries under his charge, and, if so, whether it could not be moderated, to which Pius replied affirmatively as to the first question and negatively as to the second. That the scandal continued is shown by a pastoral letter of the Apostolic Vicar of Suchuen in 1803.1540 It is not surprising that St. François de Sales should have declared that a confessor was to be selected out of ten thousand, seeing that so few among them were fitted for the function.1541

In considering the slow progress of improvement in the character of the clergy, we must bear in mind not only the debased material which required to be reformed, and the prevailing low standard of sexual morality throughout Europe, but also the prevalence within the church of the casuistic spirit, which tended to obliterate the distinctions between right and wrong and to extenuate all offences against the Decalogue. This spirit received a powerful impulse from the rising influence of the Company of Jesus, which furnished the most distinguished casuists and fostered the habit of testing everything by an artificial standard. If scandal could be averted, if the immediate temporal interests of the Order or of the church could be subserved, it mattered little whether morality suffered; and the subtle dialectics of the schools could always invent a justification for any line of action which appeared expedient at the moment. We have already seen how the successive Bulls of reforming pontiffs directed against the abuses of the confessional were virtually nullified in this manner; and the same processes were employed to soften the harshness of the canons which sought to repress the other vices of the clergy.1542 To one who examines the works of these skilful dialecticians, the only wonder is that a church which not only tolerated but exalted them could retain any respect for virtue or any reverence for law, human or divine.

When these resources failed, recourse could be had to other means to avert scandal, as in the case of Father Mena, a priest of the Company of Jesus, at Salamanca, who persuaded one of his female penitents that God required her to abandon herself to him. He kept her in a hermitage conveniently near to the College of Jesuits where he officiated, and several children were the result of the union, when the matter became so notorious that the Inquisition interfered and threw the culprit into its prison at Valladolid. The Company of Jesus undertook his defence, and on the strength of certificates of his illness obtained his transfer to their college, where he was to be watched by officials of the Inquisition. His apparent illness increased, until a report was spread of his death; an image with a mask resembling him was interred with all the ceremonies of religion, and he was secretly conveyed to Genoa, where he was intrusted with a mission to convert the Jews.1543

More strenuous exertion, however, was required in the struggle over the case of Father Girard and la Cadière, which, in 1730 and 1731, convulsed society in Provence. Girard was a Jesuit of high reputation, who came to Toulon in 1728, where he soon obtained the spiritual direction of a number of women, among whom he selected seven to minister to his lusts. One of them, Catharine Cadière, a girl of 19, was especially distinguished for her exaltation of religious sensibility, which rendered her eminently fitted for the dangerous extravagances of Quietism. Under his guidance she speedily had ecstatic visions of heaven and hell, and was marked as the favorite of Divine Love by the stigmata which appeared on hands, feet, forehead, and side. While enjoying the popular veneration as a saint, it was not difficult for her spiritual guide to persuade her that God required her submission to him. This continued for some months, until, convinced that Girard had led her into sin, in place of the state of perfection to which she aspired, she changed her confessor, when the matter leaked out, and she brought a formal accusation against her seducer. At once the Company of Jesus took up the quarrel, and, as it suited the policy of Cardinal Fleury, the all-powerful minister, to gratify them, the unfortunate girl had no chance. The Episcopal courts, in which the case was first brought, sided with the guilty, and even the secular tribunals, to which the matter was transferred, were bitterly hostile to her. The accuser became the accused. She was persecuted, imprisoned, and threatened with torture, and in the Parlement of Aix, before which the case was finally brought, two members actually proposed that she should be burnt alive, but agreed, in order to secure the support of others, to accept the milder sentence of strangling after due infliction of torture, and this verdict was brought before the Parlement for debate. Despite the social influence of the Jesuits, this atrocity aroused public opinion throughout Provence and excited tumults which frightened the friends of Girard, so that when the final vote was taken only half the members of the Parlement pronounced him innocent, the other half voting for his condemnation, and he was saved by the casting vote of the President, Lebret. So strong was the popular feeling against him that he had to be conveyed away secretly to escape the vengeance of the mob, and died two years afterwards in the odor of sanctity, fully upheld by the Company of Jesus. As for la Cadière, she disappeared from sight, and the fate of the unfortunate girl is unknown.1544