The politicks of France by Monsieur P.H. ... ; with Reflections on the 4th and 5th chapters, wherein he censures the Roman clergy and the Hugonots, by the Sr. l'Ormegreny.

CHAP. IV.

1. Of the Clergy. 2. Ʋseful means to obstruct Frauds in Beneficiary cases. 3. Of the Monastick Religious of each Seu.

OUr Ancestors have ever been great ob∣servers of Religion. Long before the coming of JESUS CHRIST, the Druids were their Priests, and had an entire dire∣ction, not only of affairs relating to the service of their false Gods, but of those too which concern'd distributive Justice; even in the general Assemblies held by all the Gauls, whether for confirmation of Peace, or for reconciliation of disagreeing parties, who might embroil the Republiques, or whether the making of some common Na∣tional enterprises was in question, still there was no resolution formed, but by their ad∣vice. No wonder then, if since the Truth of the Gospel appeared, and made known the holiness of Christianity, the Prelates have conserv'd so many Prerogatives and Conside∣rations. They have been called to the Royal Counsels; they have assisted at the decision of the most important affairs, they have eve∣ry where hold the first rank; much hath been attributed to their Judgments, and the respect had for their Character and

Dignity, hath gotten them great and signal priviledges, which have exempted them from contributing to the burthens of the State; though at the same time wealth was heap'd upon them by Alms and Foundations. But as Church-men, after the mode of the Court of Rome, use to convert whatever is freely granted them into a point of Religion; in such manner, that by little and little, they engage the tender Consciences of the faithful in vain scruples, and possesses them with a superstitious fear of offending; they have not been wanting to assert and maintain, that these exemptions and privileges were not li∣berally given them; that Kings did but set∣tle them in possession of an advantage which was by Divine Right inseperable from their Profession: that they, while Men of War fought for the Glory and Liberty of their Country, sufficiently did their part, in lift∣ing up, as as was anciently done, their eyes and hands to GOD, to impetrate His powerful Protection: that their Arms were Prayers, Oblations, and Penitence, which they never forbore to use for the publick safety; that from the Caves and Deserts whither they retired, they sent up Meterials to the highest Heavens, which formed into Thunder there, might fall back upon, and beat down the enemies of the French name. In fine, That if Gentlemen gave their blood, and the People their sweat and labours for the welfare of the Kingdom, they Day and Night did pour out Tears at the feet of Altars

to disarm the wrath of GOD. Upon such reasonings as these the Ecclesiasticks have founded their pretences for possessing those goods, of which, publick and private Piety had made them Proprietors, without con∣cerning themselves for what success the ge∣neral affairs of the State might have.

But this is not all, they have tried by di∣vers reiterated attempts, to make themselves Masters of all the Temporal Jurisdiction, and draw Civil causes unto their Tribunal: nor have they forgotten any pretext which they thought might promote this dangerous enterprise; sometimes they have pleaded, That the Church alone having right to judge of the Validity of Marriages, as being▪ a Sacrament, all that depended on 'em ought to be handled before Ecclesiastick Judges. Sometimes again, That Christians binding themselves in their Contracts by an Oath, the cognisance appertain'd to them. Such Kings as perceived that these attempts did tend to the overthrow of their Authority, withstood them with a right Kingly vigour. But what difficulties were there not of ne∣cessity to be overcome for a full attainment of their end? and what resistance did not the Church-men make to maintain them∣selves in so unreasonable an Usurpation? Our History affords us examples of it, which I cannot call to mind without grief and wonder. Their obstinacy hath gone so very far, that they have forced our Kings to grant them Declarations upon unequitable and

disadvantageous conditions; and so capitu∣late with them both for the Tenths and Acknowledgments of the Lands which they possess; as also for the Rights of Mortmain and Indemnity. I cannot tell by what name I should call these proceedings. Our Sirs of the Clergy could not doubt, but that being born Subjects of the Crown, no∣thing could release them of this duty; and that the privileges which they have, or rather which they have invaded, being founded upon the holiness of their Chara∣cter, could not extend to these Temporal Goods, which always are the States. Yet the old error is so potent, and their ima∣gination so strongly prepossess'd for these Immunities, that they can scarce acknow∣ledge the Kings Sovereignty to this day. What clamour did they not raise about the Arrest of the last Commission of Oyer in Auvergne? with what fervour did they charge their Deputies to remonstrate to His Majesty concerning it? Yet this Arrest in∣novateth nothing; but is, in all respects, conform to the prescript, and pursuant to the use of Charles the VIII. his Pragma∣tique Sanction, Kings and Emperors, ne∣ver practis'd otherwise in such cases. Nor can it be deny'd, but that Religion coming, among others, under a Political considera∣tion; and Kings being Protectors of the Church, of its Doctrine, and of its Ca∣nons, it's a part of their Office to notifie to men the Laws of GOD. The Tables were

consigned to the hands of Moses, not to the hands of Aaron; and in the Temple of GOD, the Law of GOD was often heard by the People, from the Mouth of their Kings. 'Tis upon this account that Mel∣chisedec was both King and Priest; and 'tis from this intention that the Emperors con∣firmed the first Synods, that They some∣times gave judgments contrary to Sydonical decisions; and that other Christian Princes have had liberty to receive, or not receive Councils, though Legitimate and Universal. Nothing is more consentaneous to perfect equity, than that the Gentlemen of the Clergy be obliged to contribute to the pub∣lick charges: They receive vast sums from the State; and what they pay to the King out of 'em, amouts not to a sixth part of what they duly ought to pay.

But to reduce them gently to reason, ap∣proaches must be made by degrees; and in ways that may be to them unperceivable. First, they may be calmly told of the right of Mortmain, which being part of the an∣cient inheritance of the Crown cannot be alienated. They may ever and anon be put in mind, that Residence is of Divine Right; that it is unbecoming a Prelate, or an Ecclesiastick, to keep a great Table, to have a multitude of Pages, Horses, Dogs; intimation may be made them, that the King intends to restore the ancient Law of Fiefs; by which all sorts of persons con∣cerned, are obliged to set forth, at any time,

a certain number of Soldiers, equipped and paid at their charge. In fine, they may be required to make a new valuation of ordi∣nary Rents. For what pretext will they have to complain, or be discontented? Can they find any fault at all in it if His Majesty doth put things in their Primitive State; which is the foundation of all publick Or∣der and Discipline? Other insinuative means may be set on work, which shall make no shew at first, yet may prove in the sequel, of incredible advantage to the King's Affairs.

While I speak here of the Clergy, I pre∣tend not to speak of any but Bishops, Ca∣nons, Parish-Priests, and Chappellans. I know well, that taking the word Clerus in its ancient latitude, it may be said to com∣prehend all Christians: but I extend it not so much as to Monasticks, who in truth were, at their rise, so far from having par∣ticular and conventual Churches, as now they have, that they were reckoned Laicks, that is, of the People, and had their places separate from the Priests.

Whatever care Kings hitherto could possi∣bly take to hinder frauds in Beneficiary mat∣ters, they have not been able to find means effectual for it: Their prudence hath been still surmounted by the pravity of men, which never wanteh artifice and expedients in occasions that concern their profit. How∣ever, these frauds are of such a quality, and so important, in reference to the salvation

of all Christians, that the charitable sagaci∣ty of the Laws ought to be indefatigably ex∣ercised about them: neither Pains nor Au∣thority should be spared, in a design whose accomplishment is so necessary. And indeed, what mischief doth not follow; for example, when a wicked man, by intrusion, gets posses∣sion of some Benefice with Cure of Souls, all his Sacerdotal Functions are so many Sacri∣ledges; (for he is a suspended person, ipso facto) all the Absolutions he gives are null; the Fruits of the Benefice cannot be his, because he is not the lawful Guardian of it; and so his appropriating them to his use, is a con∣tinued Larceny; for which he is indispensi∣bly bound to make restitution. But be it a Bishop that commits this act of intrusion; and all the Consecrations of Priests which he shall solemnize are null, whence will re∣sult a nullity of all the Absolutions those pretended Priests shall give. What a con∣catenation of Crimes? what a dreadful series of Evils, Simonies, Confidences, and other bad means which are used to finger Benefices, do tend to the same Consequences. Sure, the cure of this Malady, Mortal to so many thousands of Souls, is an atchievement wor∣thy of a King.

I am of Opinion then, that to cut up the root of all these disorders, the King might create a Secretary in his Council of Con∣science; and when this Officer is in possessi∣on of his charge, a Declaration of His Ma∣jesties should come forth; by which, to ob∣viate

the great abuses that have crept int-Beneficiary matters, it should be ordained that all the Benefices in the Kingdom be Re¦gistred by the said Secretary of that Council, and no dispatch there made until the Deeds, upon which a Benefice is claimed, have been seen and signed, and placed in the Register by the same Secretary, upon pain of the nul∣lity of all that may have been petition'd for, and granted; Cognizance of all causes arising in consequence of this Declaration, must be given to the Grand Council, and this ad∣dition of Jurisdiction would facilitate the verification of it.

This Declaration would produce several advantages. One is, that there could be no more fraud used, in order to demissions, or to resignations; and the Bankers of the Court of Rome would no longer have means to promote the cheats of pretenders to Be∣nefices. Another is, that the King would exactly know all that the Church does pos∣sess in France; which is a matter of extreme necessity, both for the regulating of the Tenths, and also for other considerations. A third advantage would be, that in process of time this Secretary of Conscience might make a Bank in the Roman Court, which is, to the King, of unspeakable consequence: for by this means, all the Money that goes into Italy out of France would be known; and upon such knowledge it would be more easie for him to take his measures with the Pope and Colledge of Cardinals. A fourth

advantage is, that the King, by degrees, might become Master of all the Benefices of the Kingdom, in the same manner as the Pope is Master of the Bishopricks and Abbies; which would augment the Royal Authority. That I may explain my self, I will resume the thing from its original. In the first Age of Christianity, the first Bishopricks were conferred without any Bulls from the Pope at all. Afterward He bethought Him, to send or write unto the Chapters, who then chose the Bishops, and recommended to them, to respect the merit of such or such a one, when they should proceed to the Ele∣ction. I think that Alexander the III. was the first Inventer of these kind of Letters; and they were called Bulls, because they were seal'd up with the Pope's Seal, (Bulla being Latin for a Seal.) At the beginning, these Letters which the Popes thus sent, were but simple Letters of fa∣vour and recommendation: but it hap∣ning that the Chapters reverenced them, and that here and there, at least, one, who had obtained them, was chosen; all pre∣tenders to Bishopricks came to believe, that it was necessary to obtain them. Thus, what was at first but, as hath been said, a recom∣mendation, became at length a point of right and duty. Such was its Rise. Now this being certain, there may be use made of the example: and thus, when a conside∣rable Benefice should be vacant, the King might order, that a Letter be written to the

Patron, and some Person recommended to his Nomination. There is no cause to doubt, but the Patron will Nominate whom His Majesty hath thus recommended; so that insensibly it will grow a Custom, to take the King's recommendations, as other∣while persons did those of the Popes; and as the Bulls became at length necessary for Bishopricks and Abbies, so the King's Let∣ters shall become necessary for all sorts of Benefices, and He render Himself Master of all Church-men. The King, in this, will have sufficient reason, because He being Pro∣tector of Religion, which is the prime Pil∣lar of every State, it is His interest to know whether they that shall be provided of Be∣nefices, be Orthodox, and of good Life; lest they spread some bad Doctrine among the people; for Heresies and Scandals do cause division in the Common-wealth, as well as Schisms in the Church. Besides, it concerns the tranquillity of the State, that Curates, who have the direction of Consci∣ences, be well-inclin'd for the good of the Kingdom, and ready to keep particulr Per∣sons in their duty.

To descend now unto the case of the Mo∣nastick Religious, and find out a way (for rendring them useful to the State) to take them off from that laziness and loathsome beggery in which they live, as also reduce them to such a number as may be propor∣tionate to other ranks of men in the King∣dom. It is to be noted, that there are three

sorts of Monasticks. The first is made up of the Orders of S. Augustin, S. Benedict, S. Bernard, and Premonstrey. These are they that possess the bulkie riches of the Church; I mean the Abbies and Priories. The se∣cond sort comprehends the Carthusians, the Minimes, the Coelestins, the Feuillans, and some others, who possess Goods with pro∣priety, and beg not but by Toleration. The third kind, is that of the meer Mendicants, who subsist by Alms, as do the Jacobins, the Cordeliers, the Carmelites, and their branches, that is, the Reform'd, as they term 'em, who are issued from them. These, notwith∣standing their Vow of Monastick Poverty, yet are not destitute of some foundations: but they plead for themselves, that the Pope is Proprietor of the Goods, they do but take the Profits; which certainly is a vain and frivolous subtilty. The Female Religious being comprised under these three kinds, there is no need to make of them a separate Article.

There are too to many Monks. Its an abuse so prejudicial to the Kingdom, that the King can no longer dissemble it: it is time to take it seriously and effectually in hand. For Monks live in single state, they raise no Families, get no Children, and so are barren grounds that bring forth no fruit to the Crown. Beside, the blind obedience by which they are tyed to the pleasure of the Pope, doth form a foreign Monarchy in the very bowels of France; and into it

they train along the credulous people, which is a thing of very great consequence. This Politie is founded on the abusive and perni∣cious Maxims of Rome; which too are purely Political. For, that the obedience which Monasticks give the Pope, is Religi∣ous, there is no colour to pretend: nor is there a Christian but sees what his duty binds him to in this case; and is altogether subject to his Holiness in Doctrinals, with∣out need of making particular vows to ob∣lige him. The name of Religion in the matter, is but a phantasm, and a false pretext which the Court of Rome assumeth, to aug∣ment its Temporal Power, and to have its creatures in all quarters. By consequence the abuses ought to be retrenched, as was done by Charlemagne in his time, and sun∣dry other great Kings.

But for the effecting of this I should not at all advise, that the attempt be openly made. For that would be to draw upon the under∣takers, the importune clamours of all the Monks, and their Zealots; nay, to draw Rome upon their backs, which might cost them some trouble. In fine, it would be to draw on them the People; who are ever fond of Novelties that surprise them, or are prejudicial to them, and always averse to those which they have foreseen, and are pro∣fitable for them. 'Tis therefore by-ways that must be taken. The first which seems to me fit to be pitcht upon, would be, to require of the Monastick Communities, that

they dispatch Missions unto America, and the Indies, to convert the Salvages, and ad∣minister the Holy Sacraments to Christians. The Monks, who are commonly impru∣dent, will strain to set forth the greatest number of their fraternity they possibly may, in hope to make considerable Establish∣ments; thus there will be forwardness enough to embarque. The present juncture is advantageous for this design. For they are charged with more Persons than they are able to maintain; Charity being evidently cooled toward them. A second means may be, to debar them the conversa∣tion of Women. It is scandalous to see Religious Men receive visits from them in Churches; and there, in presence of the Holy Sacrament, spend whole After∣noons with them. For remedy it might be ordained, that they should have Parlours, where Women might go to consult them. The thing is a point of deceney; and Par∣lours, the Carthusian Friars, and all Nuns, generally have. The third means might be, that the Fathers of such as enter into Religi∣on, should pay an Annual Pension to the Or∣der, by way of Alms, during their Sons life; which is the practice in Spain. This Pen∣sion, some will say, causeth in Spain an huge multiplication of Monks. But 'tis not the Pension that fills the Cloisters in that Country; 'tis the licence the Monks have to do what they please. In France they are not upon such Terms. A fourth means, is to

oblige the Monasticks to abide in their Con∣vents, and not go abroad but very rarely, and for urgent affairs: so do the Carthusians. A fifth, to embroil the Monks with the Bishops; for which they are sufficiently di∣sposed. A sixth, to prohibit that Children of Sixteen (when as yet they know not what they do) bind not themselves by Vows, which engage them for the whole remainder of their lives: but remit that Ceremony till their 22d. year of Age. The seventh means would be to suppress that Congregation, as they call it, among Mo∣nastick persons, (as for instance, there are the Congregations of S. Maur,) and com∣mand, that the Religious who make pro∣fession in an house, do there fix; not cour∣sing from Lower Britannie, for example, un∣to Paris; nor incessantly changing, as their wont is, unless some indispensible necessity does oblige to such changes. The Carthu∣sians keep in their houses, and run not from place to place: Nuns do the same. The Voyages of Monks, and all their transmigra∣tions, have no other end, but to get an universal acquaintance. Beyond all this, it may be declared to the Monks, (at least its a thing that should be done in its season) how that the King understands not their Monastick Profession does Exempt them from his Jurisdiction. Thus the Orders being purged from their impurities, will resume their ancient Iustre, and be true Se∣minaries of Doctrine and Sanctity. In fine,

no person will doubt, but the King may take cognisance of all that concerns the ex∣ternal Policy of the Church; because this is in such sort annexed to the Government of States, that not a Patriarch, nor even the Pope himself, can make any regulation of it without His Majesties consent.

That reason of State which presseth for a retrenching of the number of Monks, does also reflect upon Nuns; and that with the more Justice, because the greatest part of young Women, who become Votaries, are driven thereunto by the violence of their kindred. There will never want just means to hinder this abuse from having a longer course. As for instance, Young Women may be declared incapable of making vows be∣fore 22 years of age at the least. It may be enacted, that they never shall be Pro∣fessed, [i. e. setled of the Order] in the Convent where they have had their Educa∣tion, either as Pensionaries or Novices. This would be well enacted. For oft-times the Nuns, in hope to the gainers by their Porti∣ons, do flatter the silly Maidens, and per∣suade 'em to live with them. All kind of humane iuducements must be remov'd, and the inspirations of the Holy Ghost, left to their full operation. It may again be or∣dained, that Recluses do take no Money, as a Portion, but only simple Pensions yearly for life, and those likewise cautiously limi∣ted. A Law too may be made, that the Goods which might fall to a Daughter from

her Parents, and her collateral Kindred, should at their Decease, fall to the State, and the King by representation, be invested with the same Right to the Goods of the deceased as this Daughter had had, to re∣compence the Publick for the loss sustained by a Recluse, being incapacitated to raise a Family. Further, a general Regulation might▪ be made of all Marriages of young Women, with due respect had to the quali∣ty of each of 'em in particular; and it might be ordered, that in case any of them would take up a Religious life, they should carry as much with them into Religion, as into the Married state. For if the Order was▪ that Daughters becoming Votaries, should have less Portions than those that Married, Fa∣thers, so hugely covetous they are, would com∣pell them to the Cloister. But when they shall find no profit in taking this course, they will rather chuse to dispose of them in Marriage, and make Alliances by that means.

This subject inclines me to say summa∣rily, that the moderating of Portions is a piece of the ancient Civil Law of the French, and of divers other Nacions, in which Daughters had nothing at all. Thence it is as we see in the Customs, that a Nobleman is li∣censed to Marry his Daughter with a Nose∣gay of Roses, and she becomes disabled to pretend to any other Portion, provided the Match be suitable and fitting. This moderati∣on is necessary: Forasmuch, as the vast wealth which is given to Daughters in Marriage,

does incommode the richest Houses. More∣over, Gentlemen themselves would no more contract undue Alliances; and so the No∣bility recover their ancient esteem. Young Womens Birth, their Beauty, their Discre∣tion, their Virtue, and their Ability in the management of Domestick Affairs, would be to them instead of Wealth. They would make it their care to lay up a rich Stock of so many precious things, that perhaps it may one day come to pass, that Men will, as heretofore they did, give Money to have Wives; whereas at present, Women do so to purchase Husbands. I have spoken here of Marriages occasionally; I am well aware, that the Matter ought to be reserved for an∣other Chapter. To conclude, its a great in∣gredient of the Glory of a King, to honour the Holy See; to love and protect the Bi∣shops, to maintain the Gallican Church in its Liberties; never suffer that any propo∣sitions be advanced any way, that may wound the Authority of the Canons; and employ all the rigor of his Ordinances a gainst persons, who shall have the rashness to pub∣lish a suspected or erroneous Doctrine.

Additions to CHAP. IV.

1. That Bishops ought to be near the King. 2. Of the Pension to be paid the Order for a Monk enter'd. 3. Mo∣nasticks cannot Alienate; therefore neither sell a Rent-charge. 4. They shall not have power to purchase.

I Have affirmed Chap. 4. That Bi∣shops are obliged by Command of GOD, unto residence. This is true: yet forasmuch as they are also the Kings Subjects, and Royal Dignity requireth, that his Ma∣jesty have Bishops about him, as the Roman Emperors after Constantine had; it is fit to ordain, That each Bishop be at Court Three Months every year, attending His Majesty, to Honour Him; during which time they may negotiote their Affairs; and the rest of the year abide fix'd in their Dio∣cesses; the King assigning to each of them the Months in which their presence will be needful.

In the same Chapter, I have said, That to prevent the vast number of Monks it should be ordained, that the Parents of such as enter into an Order, should pay

an annual Pension to that Order during the persons Lives. The effect of this Law would be, that such a Pension being a Monachal Right in form of Clericature given by Act of State; they that would have Revenue enough to be Monasticks, would have e∣nough to be Secular Priests. And so per∣sons, whose Devotion should incline them to take Orders, and Consecrate themselves unto GOD, would rather chuse to remain Seculars, than shut themselves up in a Cloi∣ster all the remainder of their Lives. Now the more to fortifie this Law, it should be added, That Bishops make no more Priests upon the Title of Poverty, upon Penalty of maintaining them: The reason against it, as to Secular Priests, being as strong in reference to Regulars; because it is no less a disparagement to the Clergy, that a Priest Monk do beg, and fall into extream pover∣ty, (which may happen) than that one of the other rank do so.

It is manifest, that Monastick communi∣ties have no power to Alienate any thing; and that Monks do daily re-enter into their Estates, which they possessed heretofore. Hence it follows, that neither can they charge them with any Rents for Money taken up: Forasmuch as by these kind of Contracts, they Mortgage their Lands: but to engage an Estate in such a manner, is to make a kind of Alienation.

'Tis a fetch of the Benedictine Monks to take up Money for Rent to be paid by

them; that so they may appear always poor, and have pretexts to solicite the li∣berality of devout People: also that they may have Protectors, for the greater number of their Creditors is, the greater is the number of persons interessed in their conservation.

Yet there is nothing more unjust than this Custom: For there are Monastick Com∣munities that owe more than all their Goods, moveable and immoveable are worth. The Monks care not though their House be ruin'd, nor though they ruine some of their Creditors, provided them∣selves subsist. For by passing from one Convent to another, they are quitted of all the Debts they have created.

It greatly concerns the Publick to Prohi∣bit these kind of Contracts, that Mona∣sticks may be kept from defrauding any Man for the future; and to decree, that the Contractor shall pay the Rents Contracted for, and they bound to do it, both all in common, and each of them in particular: then, that the Notaries be Fined and De∣clared incapable of bearing any Office: Or if insolvent, condemned to the Gallies for 101 years: Moreover, that the Purchasers of such Rents shall, for their part, pay a Mulct of 3000 Livres to His Majesty, and the prin∣cipal Money be converted to His use.

Besides, it would be very fit to require all Notaries, all Creditors of Monasticks and the Monasticks themselves to make Declaration of the Sums and Rents charged

upon them, bring in the Contracts for the same before Commissioners nominated by the King to be Registred, and this within a time expresly limited: which being once pass'd, no more shall be received; and all Contracts not Registred, remain null, and as if they were cleared. This course would be very severe, but excellent to reduce the folk of the Cloister to Reason.

There is an important Observation to be made too, namely, That all the Contracts which Church men have made, are utterly null, unless their Creditors can make it appear, that the Money they lent did turn to the profit of the Church, and that there was an authentick permission to make such Contracts. This Doctrine is a point of Law; for the Church is ever a Minor, and all that it possesseth hath come from the libe∣rality of particular persons; without whose consent, or at least the Magistrates, and such as are capable of it, the Ecclesiasticks can make no alterations in the Estates they have received. So that the King may not only forbid Contracts for the future; but also Declare those to be dissolved, which have been made heretofore, and discharge the Monasteries of them. Debts have been annulled for less reasons often. It must likewise be prohibited to Monks, and to the Church, to purchase any Estate in Land, or High-rents, upon pain of such Contracts being null and void in Law; and the Sellers and Notaries incurring the fore∣mentioned penalties.

Our Lords the Prelates have lately be∣thought them, and resolved to compell such Gentlemen as have Chappels in their Houses, where the Sacrifice of the Mass hath been at any time performed, to pro∣fane the said Chappels, or endow them with Land for the maintenance of a Priest. This would be a means to gain the Church more than Two hundred thousand Livres of Rent at one blow; wherefore it will be fit to Ordain, that this enterprize of the Bi∣shops do not take effect; except in case of Chapels built hereafter, and built for other persons.