At the last moment a tract appeared which has been universally attributed to Döllinger, which examined the evidences relied on by the infallibilists, and stated briefly the case against them. It pointed to the inference that their theory is not merely founded on an illogical and uncritical habit, but on unremitting dishonesty in the use of texts. This was coming near the secret of the whole controversy, and the point that made the interference of the Powers appear the only availing resource. For the sentiment on which infallibility is founded could not be reached by argument, the weapon of human reason, but resided in conclusions transcending evidence, and was the inaccessible postulate rather than a demonstrable consequence of a system of religious faith. The two doctrines opposed, but never met each other. It was as much an instinct of the ultramontane theory to elude the tests of science as to resist the control of States. Its opponents, baffled and perplexed by the serene vitality of a view which was impervious to proof, saw want of principle where there was really a consistent principle, and blamed the ultramontane divines for that which was of the essence of ultramontane divinity. How it came that no appeal to revelation or tradition, to reason or conscience, appeared to have any bearing whatever on the issue, is a mystery which Janus and Maret and Döllinger's reflections left unexplained.

The resources of mediæval learning were too slender to preserve an authentic record of the growth and settlement of Catholic doctrine. Many writings of the Fathers were interpolated; others were unknown, and spurious matter was accepted in their place. Books bearing venerable names—Clement, Dionysius, Isidore—were forged for the purpose of supplying authorities for opinions that lacked the sanction of antiquity. When detection came, and it was found that fraud had been employed in sustaining doctrines bound up with the peculiar interests of Rome and of the religious Orders, there was an inducement to depreciate the evidences of antiquity, and to silence a voice that bore obnoxious testimony. The notion of tradition underwent a change; it was required to produce what it had not preserved. The Fathers had spoken of the unwritten teaching of the apostles, which was to be sought in the churches they had founded, of esoteric doctrines, and views which must be of apostolic origin because they are universal, of the inspiration of general Councils, and a revelation continued beyond the New Testament. But the Council of Trent resisted the conclusions which this language seemed to countenance, and they were left to be pursued by private speculation. One divine deprecated the vain pretence of arguing from Scripture, by which Luther could not be confuted, and the Catholics were losing ground;[374] and at Trent a speaker averred that Christian doctrine had been so completely determined by the Schoolmen that there was no further need to recur to Scripture. This idea is not extinct, and Perrone uses it to explain the inferiority of Catholics as Biblical critics.[375] If the Bible is inspired, says Peresius, still more must its interpretation be inspired. It must be interpreted variously, says the Cardinal of Cusa, according to necessity; a change in the opinion of the Church implies a change in the will of God.[376] One of the greatest Tridentine divines declares that a doctrine must be true if the Church believes it, without any warrant from Scripture. According to Petavius, the general belief of Catholics at a given time is the work of God, and of higher authority than all antiquity and all the Fathers. Scripture may be silent, and tradition contradictory, but the Church is independent of both. Any doctrine which Catholic divines commonly assert, without proof, to be revealed, must be taken as revealed. The testimony of Rome, as the only remaining apostolic Church, is equivalent to an unbroken chain of tradition.[377] In this way, after Scripture had been subjugated, tradition itself was deposed; and the constant belief of the past yielded to the general conviction of the present. And, as antiquity had given way to universality, universality made way for authority. The Word of God and the authority of the Church came to be declared the two sources of religious knowledge. Divines of this school, after preferring the Church to the Bible, preferred the modern Church to the ancient, and ended by sacrificing both to the Pope. "We have not the authority of Scripture," wrote Prierias in his defence of Indulgences, "but we have the higher authority of the Roman pontiffs."[378] A bishop who had been present at Trent confesses that in matters of faith he would believe a single Pope rather than a thousand Fathers, saints, and doctors.[379] The divine training develops an orthodox instinct in the Church, which shows itself in the lives of devout but ignorant men more than in the researches of the learned, and teaches authority not to need the help of science, and not to heed its opposition. All the arguments by which theology supports a doctrine may prove to be false, without diminishing the certainty of its truth. The Church has not obtained, and is not bound to sustain it, by proof. She is supreme over fact as over doctrine, as Fénelon argues, because she is the supreme expounder of tradition, which is a chain of facts.[380] Accordingly, the organ of one ultramontane bishop lately declared that infallibility could be defined without arguments; and the Bishop of Nîmes thought that the decision need not be preceded by long and careful discussion. The Dogmatic Commission of the Council proclaims that the existence of tradition has nothing to do with evidence, and that objections taken from history are not valid when contradicted by ecclesiastical decrees.[381] Authority must conquer history.

This inclination to get rid of evidence was specially associated with the doctrine of papal infallibility, because it is necessary that the Popes themselves should not testify against their own claim. They may be declared superior to all other authorities, but not to that of their own see. Their history is not irrelevant to the question of their rights. It could not be disregarded; and the provocation to alter or to deny its testimony was so urgent that men of piety and learning became a prey to the temptation of deceit. When it was discovered in the manuscript of the Liber Diurnus that the Popes had for centuries condemned Honorius in their profession of faith, Cardinal Bona, the most eminent man in Rome, advised that the book should be suppressed if the difficulty could not be got over; and it was suppressed accordingly.[382] Men guilty of this kind of fraud would justify it by saying that their religion transcends the wisdom of philosophers, and cannot submit to the criticism of historians. If any fact manifestly contradicts a dogma, that is a warning to science to revise the evidence. There must be some defect in the materials or in the method. Pending its discovery, the true believer is constrained humbly but confidently to deny the fact.

The protest of conscience against this fraudulent piety grew loud and strong as the art of criticism became more certain. The use made of it by Catholics in the literature of the present age, and their acceptance of the conditions of scientific controversy, seemed to ecclesiastical authorities a sacrifice of principle. A jealousy arose that ripened into antipathy. Almost every writer who really served Catholicism fell sooner or later under the disgrace or the suspicion of Rome. But its censures had lost efficacy; and it was found that the progress of literature could only be brought under control by an increase of authority. This could be obtained if a general council declared the decisions of the Roman congregations absolute, and the Pope infallible.

The division between the Roman and the Catholic elements in the Church made it hopeless to mediate between them; and it is strange that men who must have regarded each other as insincere Christians or as insincere Catholics, should not have perceived that their meeting in Council was an imposture. It may be that a portion, though only a small portion, of those who failed to attend, stayed away from that motive. But the view proscribed at Rome was not largely represented in the episcopate; and it was doubtful whether it would be manifested at all. The opposition did not spring from it, but maintained itself by reducing to the utmost the distance that separated it from the strictly Roman opinions, and striving to prevent the open conflict of principles. It was composed of ultramontanes in the mask of liberals, and of liberals in the mask of ultramontanes. Therefore the victory or defeat of the minority was not the supreme issue of the Council. Besides and above the definition of infallibility arose the question how far the experience of the actual encounter would open the eyes and search the hearts of the reluctant bishops, and how far their language and their attitude would contribute to the impulse of future reform. There was a point of view from which the failure of all attempts to avert the result by false issues and foreign intrusion, and the success of the measures which repelled conciliation and brought on an open struggle and an overwhelming triumph, were means to another and a more importunate end.

Two events occurred in the autumn which portended trouble for the winter. On the 6th of September nineteen German bishops, assembled at Fulda, published a pastoral letter in which they affirmed that the whole episcopate was perfectly unanimous, that the Council would neither introduce new dogmas nor invade the civil province, and that the Pope intended its deliberations to be free. The patent and direct meaning of this declaration was that the bishops repudiated the design announced by the Civiltà and the alleging Zeitung, and it was received at Rome with indignation. But it soon appeared that it was worded with studied ambiguity, to be signed by men of opposite opinions, and to conceal the truth. The Bishop of Mentz read a paper, written by a professor of Würzburg, against the wisdom of raising the question, but expressed his own belief in the dogma of papal infallibility; and when another bishop stated his disbelief in it, the Bishop of Paderborn assured him that Rome would soon strip him of his heretical skin. The majority wished to prevent the definition, if possible, without disputing the doctrine; and they wrote a private letter to the Pope warning him of the danger, and entreating him to desist. Several bishops who had signed the pastoral refused their signatures to the private letter. It caused so much dismay at Rome that its nature was carefully concealed; and a diplomatist was able to report, on the authority of Cardinal Antonelli, that it did not exist.

In the middle of November, the Bishop of Orleans took leave of his diocese in a letter which touched lightly on the learned questions connected with papal infallibility, but described the objections to the definition as of such a kind that they could not be removed. Coming from a prelate who was so conspicuous as a champion of the papacy, who had saved the temporal power and justified the Syllabus, this declaration unexpectedly altered the situation at Rome. It was clear that the definition would be opposed, and that the opposition would have the support of illustrious names.

The bishops who began to arrive early in November were received with the assurance that the alarm which had been raised was founded on phantoms. It appeared that nobody had dreamed of defining infallibility, or that, if the idea had been entertained at all, it had been abandoned. Cardinals Antonelli, Berardi, and De Luca, and the Secretary Fessler disavowed the Civiltà. The ardent indiscretion that was displayed beyond the Alps contrasted strangely with the moderation, the friendly candour, the majestic and impartial wisdom, which were found to reign in the higher sphere of the hierarchy. A bishop, afterwards noted among the opponents of the dogma, wrote home that the idea that infallibility was to be defined was entirely unfounded. It was represented as a mere fancy, got up in Bavarian newspapers, with evil intent; and the Bishop of Sura had been its dupe. The insidious report would have deserved contempt if it had caused a revival of obsolete opinions. It was a challenge to the Council to herald it with such demonstrations, and it unfortunately became difficult to leave it unnoticed. The decision must be left to the bishops. The Holy See could not restrain their legitimate ardour, if they chose to express it; but it would take no initiative. Whatever was done would require to be done with so much moderation as to satisfy everybody, and to avoid the offence of a party triumph. Some suggested that there should be no anathema for those who questioned the doctrine; and one prelate imagined that a formula could be contrived which even Janus could not dispute, and which yet would be found in reality to signify that the Pope is infallible. There was a general assumption that no materials existed for contention among the bishops, and that they stood united against the world.

Cardinal Antonelli openly refrained from connecting himself with the preparation of the Council, and surrounded himself with divines who were not of the ruling party. He had never learned to doubt the dogma itself; but he was keenly alive to the troubles it would bring upon him, and thought that the Pope was preparing a repetition of the difficulties which followed the beginning of his pontificate. He was not trusted as a divine, or consulted on questions of theology; but he was expected to ward off political complications, and he kept the ground with unflinching skill.

The Pope exhorted the diplomatic corps to aid him in allaying the alarm of the infatuated Germans. He assured one diplomatist that the Civiltà did not speak in his name. He told another that he would sanction no proposition that could sow dissension among the bishops. He said to a third, "You come to be present at a scene of pacification." He described his object in summoning the Council to be to obtain a remedy for old abuses and for recent errors. More than once, addressing a group of bishops, he said that he would do nothing to raise disputes among them, and would be content with a declaration in favour of intolerance. He wished of course that Catholicism should have the benefit of toleration in England and Russia, but the principle must be repudiated by a Church holding the doctrine of exclusive salvation. The meaning of this intimation, that persecution would do as a substitute for infallibility, was that the most glaring obstacle to the definition would be removed if the Inquisition was recognised as consistent with Catholicism. Indeed it seemed that infallibility was a means to an end which could be obtained in other ways, and that he would have been satisfied with a decree confirming the twenty-third article of the Syllabus, and declaring that no Pope has ever exceeded the just bounds of his authority in faith, in politics, or in morals.[383]