Two circumstances very naturally arose to disturb this equilibrium. There were divines who wished to extend to Germany the old authority of the Index, and to censure or prohibit books which, though not heretical, contained matter injurious to the reputation of ecclesiastical authority, or contrary to the common opinions of Catholic theologians. On the other hand, there were philosophers of the schools of Hermes and Günther who would not retract the doctrines which the Church condemned. One movement tended to repress even the knowledge of demonstrable truth, and the other aimed at destroying the dogmatic authority of the Holy See. In this way a collision was prepared, which was eventually brought about by the writings of Dr. Frohschammer.

Ten years ago, when he was a very young lecturer on philosophy in the university of Munich, he published a work on the origin of the soul, in which he argued against the theory of pre-existence, and against the common opinion that each soul is created directly by Almighty God, defending the theory of Generationism by the authority of several Fathers, and quoting, among other modern divines, Klee, the author of the most esteemed treatise of dogmatic theology in the German language. It was decided at Rome that his book should be condemned, and he was informed of the intention, in order that he might announce his submission before the publication of the decree.

His position was a difficult one, and it appears to be admitted that his conduct at this stage was not prompted by those opinions on the authority of the Church in which he afterwards took refuge, but must be explained by the known facts of the case. His doctrine had been lately taught in a book generally read and approved. He was convinced that he had at least refuted the opposite theories, and yet it was apparently in behalf of one of these that he was condemned. Whatever errors his book contained, he might fear that an act of submission would seem to imply his acceptance of an opinion he heartily believed to be wrong, and would therefore be an act of treason to truth. The decree conveyed no conviction to his mind. It is only the utterances of an infallible authority that men can believe without argument and explanation, and here was an authority not infallible, giving no reasons, and yet claiming a submission of the reason. Dr. Frohschammer found himself in a dilemma. To submit absolutely would either be a virtual acknowledgment of the infallibility of the authority, or a confession that an ecclesiastical decision necessarily bound the mind irrespectively of its truth or justice. In either case he would have contradicted the law of religion and of the Church. To submit, while retaining his own opinion, to a disciplinary decree, in order to preserve peace and avoid scandal, and to make a general acknowledgment that his work contained various ill-considered and equivocal statements which might bear a bad construction,—such a conditional submission either would not have been that which the Roman Court desired and intended, or, if made without explicit statement of its meaning, would have been in some measure deceitful and hypocritical. In the first case it would not have been received, in the second case it could not have been made without loss of self-respect. Moreover, as the writer was a public professor, bound to instruct his hearers according to his best knowledge, he could not change his teaching while his opinion remained unchanged. These considerations, and not any desire to defy authority, or introduce new opinions by a process more or less revolutionary, appear to have guided his conduct. At this period it might have been possible to arrive at an understanding, or to obtain satisfactory explanations, if the Roman Court would have told him what points were at issue, what passages in his book were impugned, and what were the grounds for suspecting them. If there was on both sides a peaceful and conciliatory spirit, and a desire to settle the problem, there was certainly a chance of effecting it by a candid interchange of explanations. It was a course which had proved efficacious on other occasions, and in the then recent discussion of Günther's system it had been pursued with great patience and decided success.

Before giving a definite reply, therefore, Dr. Frohschammer asked for information about the incriminated articles. This would have given him an opportunity of seeing his error, and making a submission in foro interno. But the request was refused. It was a favour, he was told, sometimes extended to men whose great services to the Church deserved such consideration, but not to one who was hardly known except by the very book which had incurred the censure. This answer instantly aroused a suspicion that the Roman Court was more anxious to assert its authority than to correct an alleged error, or to prevent a scandal. It was well known that the mistrust of German philosophy was very deep at Rome; and it seemed far from impossible that an intention existed to put it under all possible restraint.

This mistrust on the part of the Roman divines was fully equalled, and so far justified, by a corresponding literary contempt on the part of many German Catholic scholars. It is easy to understand the grounds of this feeling. The German writers were engaged in an arduous struggle, in which their antagonists were sustained by intellectual power, solid learning, and deep thought, such as the defenders of the Church in Catholic countries have never had to encounter. In this conflict the Italian divines could render no assistance. They had shown themselves altogether incompetent to cope with modern science. The Germans, therefore, unable to recognise them as auxiliaries, soon ceased to regard them as equals, or as scientific divines at all. Without impeaching their orthodoxy, they learned to look on them as men incapable of understanding and mastering the ideas of a literature so very remote from their own, and to attach no more value to the unreasoned decrees of their organ than to the undefended ipse dixit of a theologian of secondary rank. This opinion sprang, not from national prejudice or from the self-appreciation of individuals comparing their own works with those of the Roman divines, but from a general view of the relation of those divines, among whom there are several distinguished Germans, to the literature of Germany. It was thus a corporate feeling, which might be shared even by one who was conscious of his own inferiority, or who had written nothing at all. Such a man, weighing the opinion of the theologians of the Gesù and the Minerva, not in the scale of his own performance, but in that of the great achievements of his age, might well be reluctant to accept their verdict upon them without some aid of argument and explanation.

On the other hand, it appeared that a blow which struck the Catholic scholars of Germany would assure to the victorious congregation of Roman divines an easy supremacy over the writers of all other countries. The case of Dr. Frohschammer might be made to test what degree of control it would be possible to exercise over his countrymen, the only body of writers at whom alarm was felt, and who insisted, more than others, on their freedom. But the suspicion of such a possibility was likely only to confirm him in the idea that he was chosen to be the experimental body on which an important principle was to be decided, and that it was his duty, till his dogmatic error was proved, to resist a questionable encroachment of authority upon the rights of freedom. He therefore refused to make the preliminary submission which was required of him, and allowed the decree to go forth against him in the usual way. Hereupon it was intimated to him—though not by Rome—that he had incurred excommunication. This was the measure which raised the momentous question of the liberties of Catholic science, and gave the impulse to that new theory on the limits of authority with which his name has become associated.

In the civil affairs of mankind it is necessary to assume that the knowledge of the moral code and the traditions of law cannot perish in a Christian nation. Particular authorities may fall into error; decisions may be appealed against; laws may be repealed, but the political conscience of the whole people cannot be irrecoverably lost. The Church possesses the same privilege, but in a much higher degree, for she exists expressly for the purpose of preserving a definite body of truths, the knowledge of which she can never lose. Whatever authority, therefore, expresses that knowledge of which she is the keeper must be obeyed. But there is no institution from which this knowledge can be obtained with immediate certainty. A council is not à priori œcumenical; the Holy See is not separately infallible. The one has to await a sanction, the other has repeatedly erred. Every decree, therefore, requires a preliminary examination.

A writer who is censured may, in the first place, yield an external submission, either for the sake of discipline, or because his conviction is too weak to support him against the weight of authority. But if the question at issue is more important than the preservation of peace, and if his conviction is strong, he inquires whether the authority which condemns him utters the voice of the Church. If he finds that it does, he yields to it, or ceases to profess the faith of Catholics. If he finds that it does not, but is only the voice of authority, he owes it to his conscience, and to the supreme claims of truth, to remain constant to that which he believes, in spite of opposition. No authority has power to impose error, and, if it resists the truth, the truth must be upheld until it is admitted. Now the adversaries of Dr. Frohschammer had fallen into the monstrous error of attributing to the congregation of the Index a share in the infallibility of the Church. He was placed in the position of a persecuted man, and the general sympathy was with him. In his defence he proceeded to state his theory of the rights of science, in order to vindicate the Church from the imputation of restricting its freedom. Hitherto his works had been written in defence of a Christian philosophy against materialism and infidelity. Their object had been thoroughly religious, and although he was not deeply read in ecclesiastical literature, and was often loose and incautious in the use of theological terms, his writings had not been wanting in catholicity of spirit; but after his condemnation by Rome he undertook to pull down the power which had dealt the blow, and to make himself safe for the future. In this spirit of personal antagonism he commenced a long series of writings in defence of freedom and in defiance of authority.

The following abstract marks, not so much the outline of his system, as the logical steps which carried him to the point where he passed beyond the limit of Catholicism. Religion, he taught, supplies materials but no criterion for philosophy; philosophy has nothing to rely on, in the last resort, but the unfailing veracity of our nature, which is not corrupt or weak, but normally healthy, and unable to deceive us.[355] There is not greater division or uncertainty in matters of speculation than on questions of faith.[356] If at any time error or doubt should arise, the science possesses in itself the means of correcting or removing it, and no other remedy is efficacious but that which it applies to itself.[357] There can be no free philosophy if we must always remember dogma.[358] Philosophy includes in its sphere all the dogmas of revelation, as well as those of natural religion. It examines by its own independent light the substance of every Christian doctrine, and determines in each case whether it be divine truth.[359] The conclusions and judgments at which it thus arrives must be maintained even when they contradict articles of faith.[360] As we accept the evidence of astronomy in opposition to the once settled opinion of divines, so we should not shrink from the evidence of chemistry if it should be adverse to transubstantiation.[361] The Church, on the other hand, examines these conclusions by her standard of faith, and decides whether they can be taught in theology.[362] But she has no means of ascertaining the philosophical truth of an opinion, and cannot convict the philosopher of error. The two domains are as distinct as reason and faith; and we must not identify what we know with what we believe, but must separate the philosopher from his philosophy. The system may be utterly at variance with the whole teaching of Christianity, and yet the philosopher, while he holds it to be philosophically true and certain, may continue to believe all Catholic doctrine, and to perform all the spiritual duties of a layman or a priest. For discord cannot exist between the certain results of scientific investigation and the real doctrines of the Church. Both are true, and there is no conflict of truths. But while the teaching of science is distinct and definite, that of the Church is subject to alteration. Theology is at no time absolutely complete, but always liable to be modified, and cannot, therefore, be made a fixed test of truth.[363] Consequently there is no reason against the union of the Churches. For the liberty of private judgment, which is the formal principle of Protestantism, belongs to Catholics; and there is no actual Catholic dogma which may not lose all that is objectionable to Protestants by the transforming process of development.[364]

The errors of Dr. Frohschammer in these passages are not exclusively his own. He has only drawn certain conclusions from premisses which are very commonly received. Nothing is more usual than to confound religious truth with the voice of ecclesiastical authority. Dr. Frohschammer, having fallen into this vulgar mistake, argues that because the authority is fallible the truth must be uncertain. Many Catholics attribute to theological opinions which have prevailed for centuries without reproach a sacredness nearly approaching that which belongs to articles of faith: Dr. Frohschammer extends to defined dogmas the liability to change which belongs to opinions that yet await a final and conclusive investigation. Thousands of zealous men are persuaded that a conflict may arise between defined doctrines of the Church and conclusions which are certain according to all the tests of science; Dr. Frohschammer adopts this view, and argues that none of the decisions of the Church are final, and that consequently in such a case they must give way. Lastly, uninstructed men commonly impute to historical and natural science the uncertainty which is inseparable from pure speculation: Dr. Frohschammer accepts the equality, but claims for metaphysics the same certainty and independence which those sciences possess.