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Multinormativity Emerges from Multilevel Governance. Uses of the Council of Trent in Examinations for Ecclesiastical Benefices in 19Th-Century Brazil

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Multinormativity Emerges from Multilevel Governance. Uses of the Council of Trent in Examinations for Ecclesiastical Benefices in 19Th-Century Brazil ADMINISTORY ZEITSCHRIFT FÜR VERWALTUNGSGESCHICHTE BAND 5, 2020 SEITE 96–115 D O I : 10.2478/ADHI-2020-0007 Multinormativity Emerges From Multilevel Governance. Uses of the Council of Trent in Examinations for Ecclesiastical Benefices in 19th-Century Brazil ANNA CLARA LEHMANN MARTINS Introduction1 Nineteenth-century Brazilian ecclesiastical and discipline, the setting of diocesan limits, the control administration can be recognised as the object of a over norms issued by the Holy See, etc.4 Despite the system of multilevel governance orientated by a wide nationalist waves observed during the 19th century, the range of normative resources. Not only the local clergy, Brazilian Church was not excluded from contact with but also imperial institutions and the Roman Curia were the Holy See. On the contrary, the administration of engaged in diocesan administration. The responsibility imperial dioceses involved, to a greater or lesser extent, of the Empire of Brazil (1822–1889) towards Catholic interaction between local ecclesiastical authorities and institutions (churches, monasteries, seminaries, etc.) Roman dicasteries via the sending of reports, dubia, in its territory was due to the maintenance of royal requests for faculties and validations. patronage (padroado) after the country’s independence.2 This system of multilevel governance5 operated in Brazil echoed to some extent the legal pattern that had a scenario of coexistence of norms created/interpreted underlain the relationship between ecclesiastical and by different institutions and actors, in different secular powers in Portugal since the early modern historical periods. Matters of Church administration, period,3 but the novel Empire did so within a framework such as ecclesiastical examinations for the provision of of transition between the Ancien Régime and 19th- benefices (in Portuguese: concursos eclesiásticos para century liberal constitutionalism. Stated very briefly, provisão de benefícios), could be orientated by norms this meant the emperor, by means of the bureaucratic from past centuries, such as the Council of Trent, or network of the Executive Branch (and, in some cases, ordinances, alvarás, and other sorts of regulation from with the participation of the Legislative), engaged in the Portuguese old regime; but fresh (though scattered) the appointment of ecclesiastics, the clergy’s sustaining Brazilian legislation was also available, along with recent © 2021 Anna Clara Lehmann Martins. Published by Sciendo. This work is licensed under the Creative Commons Attribution 4.0 license (https://creativecommons.org/licenses/by/4.0/). AD INISTORY 5/2020 pontifical constitutions and case law from the Roman project and a »Roman«, »Tridentine Church« project.11 Curia. The absence of a major codification of canon law I believe the tension between ultramontanists and and the failure to conclude a concordat between Brazil non-ultramontanists (regalists, liberals, etc.) informed and the Holy See were factors that contributed to this the governance of the Church to a significant extent. scenario of multinormativity. In fact, with this article, I claim that the normative I say multinormativity, and not more widespread convention underlying such tension helped to catalyse terms, such as legal pluralism,6 because ecclesiastical the separation or even the exclusion of certain laws administration, being strongly related to praxis, was from the consideration of administrative bodies and guided by logics that went beyond legal norms.7 The agents. But – my claim continues – not in all cases, not different solutions employed (or rather: created) in face in an always clear-cut manner and certainly not during of concrete problems did not involve the mere election the whole period. of »the most suitable legal norm«. It was a matter of In this article, I analyse how the Council of Trent, interpreting facts and laws within a specific jurisdiction, a corpus of dogmatic and disciplinary decrees of canon a specific level of governance – and within a specific law emerged in mid-16th century, yet still in force context, with all its historical subtleties. Underlying this during the 1800s, was employed in the resolution of operation was the adoption – more or less intentional – cases of ecclesiastical examinations for the provision of certain normative conventions about the Church and of benefices in Imperial Brazil between 1840 and its relationship with the state, and about ecclesiastical 1889. It is worth reminding that the Council of Trent law. Such conventions provided information on how was a milestone in the procedural standardisation of to dispose of the available legal corpora, and could not ecclesiastical examinations in the Catholic world.12 For be deduced from them. Different periods could witness the purposes of this article, I rely on sources from two the hegemony of different normative conventions. Also higher levels of governance of the Church in Brazil: the different governance levels could hold conventions of Brazilian Council of State and the Roman Congregation their own, giving way to unexpected outcomes once the of the Council. The Council of State was the imperial levels interacted. Interaction, in fact, is the keyword advisory board, formed by lifelong members chosen when it comes to governance.8 For the Brazilian by the emperor among the political elites and high Church, it means that the uses of legal norms were administrative ranks; this organ issued opinions on the connected not only to practices of local reach, but correct interpretation of the law in force in Brazil.13 also to the interactions between the local clergy and The Congregation of the Council, on its turn, was a higher instances from the Empire and Rome, which dicastery of the Holy See, more precisely, a permanent were in charge of providing opinions and decisions to collegiate organ composed by cardinals, whose function a varied range of cases. In short, interaction enabled was to watch over the implementation of the Tridentine the circulation and even the changing of the ways of disciplinary decrees in the Catholic world.14 Though conceiving legal norms and their relationship, in a way very different in terms of background and scope, both that the perception over norms could shift, for instance, institutions ruled over the Brazilian ecclesiastical from a strongly amalgamated normative body to neatly administration by providing legal interpretation and separate groups of norms. solution to local petitions. The Brazilian social historiography from the 1980s By examining cases from these institutions, I wish and 1990s focused on the political clashes between to demonstrate that the Council of Trent was perceived regalism9 and ultramontanism10 during the second and employed in different ways, depending on the half of the 19th century, emphasising the conflict of level(s) of governance involved, the degree of politico- perspectives between Brazilian secular powers (along religious tension achieved and, most importantly, the with the ecclesiastical sympathisers of regalism) and dominating normative convention. One of my basic the so-called reformist branch of the ecclesiastical claims is that Trent was not interpreted exclusively by Anna Clara Lehmann Martins — Multinormativity Emerges From Multilevel Governance Lehmann Martins — Multinormativity Emerges Anna Clara hierarchy, the ultramontane clergy, as if there had always the ecclesiastical hierarchy. Imperial bureaucracy also 97 been a clear separation between a »National Church« performed such operation. Moreover, Trent was not AD INISTORY 5/2020 considered solely in itself; it was often compared with, it as central to padroado, sometimes even as its very connected to or discarded in relation to other norms, in definition. In practical terms, presentation depended on accordance with distinctive patterns. the offering of a proposal (proposta) to take place. That As hinted, I work with the hypothesis that both is to say, before exercising his right, the monarch, by state and clergy started addressing Trent by means of means of his ministers, should receive a list prepared by normative conventions of exclusion and separation the ordinary of the corresponding diocese, containing following the escalation of the political opposition the names of potential beneficiaries. This list would between groups interested in the reformation of the contemplate the results of examinations (concursos) Church according to Roman standards (or to what they previously organised and presided by the ordinary believed Roman standards were), commonly called or one of his delegates. Depending on the nature of ultramontanists, and groups that stood against this the benefice, oppositions (oposições, a synonym for movement. This opposition took shape in Brazil from examinations) would comprise more or less steps. 1850 onwards, with the first generation of bishops Benefices with cure of souls required more demanding regarded as »reformers«; it reached an acute stage in the exams in comparison with those without. Candidates to 1870s, with the closing of the First Vatican Council and a parish church, for instance, underwent not only an the struggle between clerics, lay brotherhoods, and state appreciation of their life records and morals, but also bureaucrats during the Brazilian »Religious Question«. an evaluation of their knowledge of doctrine and canon Historiography usually focuses on the political aspects law. of these phenomena, and often relies on a conflictive – Before 1828, local
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