8 For the provisions of the new law are contrary to the constitution on which the Church was founded by Jesus Christ. The Scripture teaches us, and the tradition of the Fathers confirms the teaching, that the Church is the mystical body of Christ, ruled by the Pastors and Doctors (I Ephes . iv. II sqq.) - a society of men containing within its own fold chiefs who have full and perfect powers for ruling, teaching and judging ( Matt . xxviii. 18-20; xvi. 18, 19; xviii. 17; Tit . ii. 15; 11. Cor . x. 6; xiii. 10. & c.) It follows that the Church is essentially an unequal society, that is, a society comprising two categories of per sons, the Pastors and the flock, those who occupy a rank in the different degrees of the hierarchy and the multitude of the faithful. So distinct are these categories that with the pastoral body only rests the necessary right and authority for promoting the end of the society and directing all its members towards that end; the one duty of the multitude is to allow themselves to be led, and, like a docile flock, to follow the Pastors. St. Cyprian, Martyr, expresses this truth admirably when he writes: "Our Lord, whose precepts we must revere and observe, in establishing the episcopal dignity and the nature of the Church, addresses Peter thus in the gospel: Ego dico tibi, quia tu es Petrus, etc . Hence, through all the vicissitudes of time and circumstance, the plan of the episcopate and the constitution of the Church have always been found to be so framed that the Church rests on the Bishops, and that all its acts are ruled by them. - Dominus Noster, cujus praecepta metuere et servare debemus, episcopi honorem et ecclesiae suae rationem disponens, in evangelio loquitur et dicit Petro: Ego dico tibi quia tu es Petrus, etc.... Inde per temporum et successionum vices Episcoporum ordinatio et Ecclesiae ratio decurrit, ut Ecclesia super Episcopos constituatur et omnis actus Ecclesiae per eosdem praepositos gubernetur" (St. Cyprian, Epist. xxvii.-xxviii. ad Lapsos ii. i.) St. Cyprian affirms that all this is based on Divine law, divina lege fundatum. The Law of Separation, in opposition to these principles, assigns the administration and the supervision of public worship not to the hierarchical body divinely instituted by Our Savior, but to an association formed of laymen. To this association it assigns a special form and a juridical personality, and considers it alone as having rights and responsibilities in the eyes of the law in all matters appertaining to religious worship. It is this association which is to have the use of the churches and sacred edifices, which is to possess ecclesiastical property, real and personal, which is to have at its disposition (though only for a time) the residences of the Bishops and priests and the seminaries; which is to administer the property, regulate collections, and receive the alms and the legacies destined for religious worship. As for the hierarchical body of Pastors, the law is completely silent. And if it does prescribe that the associations of worship are to be constituted in harmony with the general rules of organization of the cult whose existence they are designed to assure, it is none the less true that care has been taken to declare that in all disputes which may arise relative to their property the Council of State is the only competent tribunal. These associations of worship are therefore placed in such a state of dependence on the civil authority that the ecclesiastical authority will, clearly, have no power over them. It is obvious at a glance that all these provisions seriously violate the rights of the Church, and are in opposition with her Divine constitution. Moreover, the law on these points is not set forth in clear and precise terms, but is left so vague and so open to arbitrary decisions that its mere interpretation is well calculated to be productive of the greatest trouble.
Source: Vehementer Nos (Vatican.va)