SECTION I.

WHEN I remember to have seen Gentle∣men and other Lay Persons, in my Youth, who held not only the major part of Priories and Abbies, but also of Cures and Bishoprick in Com∣mendam; and when I consider that in my first Years there was such a Licentiousness in Monaste∣ries of both Sexes, that nothing but Scandals and ill Examples were met with in places where Edifi∣cation was to be look'd for, I own that it is no small Satisfaction to me, to see those Disorders ab∣solutely banish'd under your Majesty's Reign; and that the said Tenures and the Disorders of Mona∣steries are scarcer than lawful Possessions and Or∣derly Communities were at that time.

The best Method, in my Opinion, for your Ma∣jesty to continue and to increase that Blessing, is to take a particular Care to place Persons of Merit and of exemplary Lives, in Bishopricks; to bestow Abbies and other simple Benefices of your Nomi∣nation on Persons of Probity; to deprive those who lead Licentious Lives in so holy a Station, as that is which unites men particularly to God; of your Sight and Favours, and to make an exem∣plary punishment of the Scandalous.

Page  49I might propose many other Expedients for the Reformation of the Clergy; but provided your Majesty will be pleas'd to observe these Four Con∣ditions, and to use virtuous Men of that Profession favourably, you will discharge your Duty, and will render the Ecclesiasticks of your State either such as they ought to be, or at least so prudent, as to endeavour to become so.

To that end it is my Duty to represent to your Majesty, that it is very necessary to take Care not to be mistaken in your Judgment of the Capacity of Bishops.

A Man may be Learned, may be Capable, and yet not fit for that Function; which besides Sci∣ence, requires Zeal, Courage, Vigilancy, Piety, Charity and Activity together.

It is not sufficient to be an honest Man, to make a good Bishop; for he must be good for others as well as for himself.

I have often had a Dread that Men of Quality would hardly contain themselves within the bounds of their Duty, and that they are less regular in their Lives than others: Many others being mov'd with that Fear, are of Opinion, that Doctors of a good Life, and low Birth, are fitter for those Employments, than those who are of higher Ex∣traction: But there are many things to be consi∣der'd on that Subject.

A Bishop ought to be Learned, full of Piety, Zeal, well Born; by reason that the Authority requir'd in such Places is only to be found in Per∣sons of Quality. But as it is difficult to meet all those Qualifications in one and the same Person, I will be bold to say, that good Manners, which Page  50 must be consider'd above all things, being suppos'd, Quality and Authority, which are commonly Companions, are to be preferr'd before great Sci∣ence; having often seen very Learned Men who made very ill Bishops, either for not being able to Govern, upon the account of their low Extraction, or for living too near, according to their Birth, which borders upon Avarice; whereas Nobility, which is attended by Virtue, commonly has a par∣ticular Desire of Honour and of Glory, which produces the same Effects as Zeal, occasion'd by the pure Love of God; that they generally live with a Splendour and Liberality conformable to that Dignity; and better understand the manner of behaving themselves in, and conversing with the World.

Above all things, a Bishop must be humble and Charitable, have Learning and Piety, a steady Courage, and a great Zeal for the Church, and for the Salvation of Souls.

Those who aim at Bishopricks out of Ambition and Interest, are commonly those who make their Court best to obtain that by Importunity, which they cannot pretend to by Merit; and therefore such must not be chosen, but those whom God calls to that Vocation; which is easily known by their different way of living; these applying them∣selves to the Ecclesiastical Functions, that are pra∣ctis'd in Seminaries. And it would be very pro∣per for your Majesty to declare, That you will chuse none but such as have spent a considerable time after their Studies, in applying themselves to the said Functions in Seminaries, which are places appointed in order thereunto; since it is not rea∣sonable, Page  51 that the most difficult and most impor∣tant Profession in the World should be undertaken without having first studied it; since no Man is allow'd to exert the meanest and the most vile, without a Prentiship of many Years.

After all, the best Rule in that Choice is, to have no general one; but to chuse sometimes Learned Men, sometimes Men that have not so much Learnig, and are better Born; young Men on some occasions, old ones on others; according as Men of divers Conditions may be thought most fit to Govern.

I have always had this Consideration; but yet whatever Care I have taken to make a good use of it, I own I have been sometimes mistaken; and indeed it is very difficult not to be mistaken in Judgments, which are the less easie, in that it is al∣most impossible to penetrate into the Hearts of Men, or to fix their Inconstancy.

They change their Humour with their Con∣dition; or rather, they discover what they dissem∣bled till then, to obtain their ends.

While such Men live in Misery, they make it their business to be thought much better than they are; and when they have obtain'd their ends, they no longer constrain themselves to conceal the ill Qualifications they have had all along.

Nevertheless, in using the Precautions I propose in the said Choice, you will discharge your Conscience before God: And I maintain boldly, That your Majesty will have nothing to fear, provided, that obliging those who shall be chosen with the said Caution, to reside in their Dioceses, to establish Se∣minaries there for the Instruction of their Ecclesia∣sticks, Page  52 to visit their Flock, as they are oblig'd to do by the Canons, you put them in a way to per∣form that Duty effectually.

I say this, Sir, because it is absolutely impossible for them to do it at present, by reason of the dai∣ly Encroachments your Majesty's Officers make upon their Jurisdiction.

Six things are likewise to be wish'd, that the Souls which are committed to their Care may receive all the Assistance they can expect from them.

Three of them depend on your own Authority; one on Rome only; and the other two on Rome and your Authority together.

The three first are, the Regulations of Appeals, that of Priviledg'd Cases, and the Suppression of the Regalia, pretended by the holy Chappel of Pa∣ris, over the major part of the Bishopricks of this Kingdom, until those who are nominated for the same by your Majesty have taken the Oath of Al∣legiance.

The fourth is, a Regulation of the Plurality of the Sentences requir'd by the Canons, for the Pu∣nishment of a Crime committed by an Ecclesia∣stick; to the end, that the Guilty may not be able to avoid the Punishment they deserve, by the Delays of the Formalities that are practis'd.

And the other two, which relate to the Autho∣rity of the Church and yours together, are the Exemptions of the Chapters, and the Right of Pre∣senting to Cures, which belongs to divers Abbots and Seculars.

We must distinctly examine these Cases one after another.

SECT. II.

I Do not design in this place to explain the Ori∣ginal of Appeals, as a thing, the Knowledge whereof is absolutely necessary; provided it be known how to apply a proper Remedy to the said Evil, it matters but little to know when it first began.

I am sensible, that it is so difficult to discover the true Source of that Practice, that the Advo∣cate General Servien us'd to say, That had he known the Author of so good a Regulation, he would have erected his Statue.

Nevertheless, there is great Reason to believe, that the first Foundation of it arose from the Con∣fidence which the Ecclesiasticks repos'd in the King's Regal Authority, when being impos'd up∣on by the Anti-Popes, Clement the 7th, Benedict the 13th, and John the 23d, who fled to Avignon for a Refuge, they had Recourse to King Charles the 6th then Reigning, to be discharg'd of the first Fruits, Pensions and extraordinary Subsidies they often impos'd upon them.

The Complaints of the Clergy of France ha∣ving induc'd that King to make an Ordinance, prohibiting the Execution of the Rescripts, Man∣dates and Bulls which the Popes might give for the future, to the Prejudice of the Franchises and Li∣berties the Gallick Church injoyn'd.

This Order gave way to the first Enterprises of the King's Officers over the Ecclesiastical Jurisdi∣ction. Page  54 Nevertheless, it was no sooner made, but the fear they had of being prejudiced by it, instead of re∣ceiving the Advantage they desir'd, prevail'd with the King to defer the Execution of the same for some Years. Afterwards, the continuation of the Vexations Benefices were afflicted with, made it to be put in execution for some Years; after which, it was finally suppress'd by King Charles VII. at the beginning of his Reign, by reason of the di∣vers Abuses that were committed in the practice thereof.

The Experience of the Abuse of such an Order, oblig'd the Clergy for a while patiently to bear the ill Treatments they receiv'd from the Officers of the Court of Rome.

But finally, the redoubling of the Exactions that were laid upon them, oblig'd them to assemble at Bourges, in 1438. to consult aboutthe means to free themselves of the same. That Assembly, which was famous for the Number and Merit of the Pre∣lates which compos'd it, carefully examin'd the many Grievances the Church was afflicted with; and concluded, That the best Remedy they could apply to them, was to receive the Decrees of the Council of Bale; which reducing most things to the Constitution of the Common and Canonical Right, disabled the Officers of the Court of Rome from attempting any thing against the Clergy.

After which, they form'd a Pragmatical Sanction of the Decrees of that Council, which they re∣solv'd to put in practice by the King's Leave, whom they Petition'd to be Protector of the same.

Page  55The King adhering to the Supplications of his Clergy, enjoyn'd his * Judges Roy∣al, to cause the said Pragmatical Sanction to be Religiously observ'd; and 'tis from thence the Grievances the Church labours under at this time in this Kingdom, by the in∣terposition of the King's Officers; receiv'd a new Force, after the be∣ginning they had had under the Reign of Charles VI. And it is also from thence the Parliaments have taken an occasion to assume the Cognisance of the greatest part of what only belongs to the Tribunal of the Church of God.

It was very easie for them to attribute to them∣selves, to the Exclusion of subaltern or inferiour Judges, what had been at first only committed to them, and to extend their Power under that pre∣tence beyond its lawful Bounds, since they had none but Inferiours to encounter with.

In the Establishment of the first Order, made to remedy the Infractions of the Prag∣matical Sanction,* Appeals were not allowed of: They only cha∣stised such as did obtain Rescripts, or Mandates, from the Court of Rome, against the Common Right, upon the bare Complaint that was made and averr'd of the same, and that with∣out taking cognisance of the Merits of the Cause.

After which, Time, which changes all things, being join'd to Power, which, like Fire, attracts all to it self, made them proceed from that Order, establish'd for the Preservation of the Common Page  56 Right, and the Franchises of the Gallick Church, against the Attempts of Rome, to the Appeals; the abuse of which, utterly annihilates the Jurisdiction of the French Prelates, as well as of the Holy See.

I am sensible, that the most subtile Adherents of the Parliaments, to authorize their Practice, may say, That the Prelates assembled at Bourges, ha∣ving petition'd his Majesty to hinder the Holy See, by his Officers, from infringing the Pragmatital Sanction, have tacitly given him a Right to op∣pose the Contraventions that might be made to the same by themselves, which authorizes them to take cognisance of the Sentences which are daily given in their Tribunal.

But the Proverb may be alledg'd in this place, which is most true, That a Bargain is nothing but what it is made; and that it is as certain as evi∣dent, That the Gallick Church assembled at Bour∣ges, never thought on what these Gentlemen pre∣tend; and moreover, that they had no reason to do it.

They had recourse to the King, against the En∣terprizes of Rome, by reason that the Holy See having no Superiour Tribunal on Earth, Tempo∣ral Princes alone, as Protectors of the Church, can put a stop to the course of the Exorbitances of the Officers of Rome, whereas the Attempts of the Bi∣shops may be repress'd by their Superiours, to whom one may and ought to appeal.

Finally, he that gives his Friend Arms to defend him, can never be suppos'd to give them for his own Destruction. The Parliaments cannot pre∣tend, that the Protection which the Prelates assem∣bled Page  57 at Bourges, desir'd of the King, gives his Officers a Right to oppress their Jurisdiction.

Nevertheless, as Evils are greater in their Pro∣gress, and in their Periods, than in their Begin∣ning, the Design of the Parliaments, cover'd with divers Pretences for a time, began to appear without a Mask in the last Age* under King Francis I. who was the first that ever made use of the Name † of Appeal in his Or∣dinances.

Many knowing the Illegality of that Practice, which the Church complains of at present, will think perhaps, that since it may be abolish'd with Justice, it would be proper to do it: But I'm of Opinion, that such an Alteration would do more harm, than the Evil they would avoid; and that nothing but the Abuse of such an Order is pre∣judicial.

Whatever Ground the said Practice may have, it is certain, that when it was first publickly esta∣blish'd, it was only with a pretence to put a stop to the Encroachments the Ecclesiastical Judges might attempt upon the King's Royal Juris∣diction.

In process of time, they have not only made use of it against the Transgressors of the Ordi∣nances of the Kingdom, which include many mat∣ters besides Jurisdiction, but they have also exten∣ded it to the Infractions of the Holy Canons, and of the Decrees of the Church, and of the Holy See; Page  58 and finally, by excess of abuse to all sorts of Mat∣ters, in which the Laicks pretend a Lezion of Po∣lity, which they maintain only belongs to the King's Officers.

One might reasonably desire to have the Effect of this Remedy reduc'd to its first Foundation, which had no extent beyond Attempts upon the Royal Jurisdiction, which is sufficiently regulated by the First Article of the Ordinance of 1539. But to remove all pretence of Lezion from the Officers of the Prince, and to hinder them from pretending with any appearance, that it is impossible for them to get the Ordinances observ'd, by reason of the Enterprizes of the Church; I am of Opinion, that they may consent to the said Appeals, when the Judges shall pronounce directly against the Ordinances; which is the only Case in which Charles IX. and Henry III. by the 59th Article of ▪ the Ordinance of Blois required them to be ad∣mitted. Provided they be not extended under that pretence to the Transgression of the Canons and Decrees, because many Ordinances, particu∣larly the *Capitularies of Charle∣magne, often contain the same sub∣stance with those of the Church.

I am sensible, that it will be difficult to make so exact an Indiction of the Ordinances to this end, but that sometimes there will be abuses in whatever Regulation may be made. But it is certain, that there is no difficulty in the Will of the King's Officers, who shall be employ'd to put his in execution: The Order which he will be pleas'd to give them, will serve them as a Rule without any trouble.

Page  59The Pretence which the Parliaments use, that when Ecclesiastical Judges judge against the Canons and Decrees, of which Kings are the Executors and Protectors, they have the Power to correct the Abuse of their Sentences, is a Pretence so void of all appearance of Justice, that it is altogether in∣supportable.

Should the whole Church judge against the Ca∣nons and Decrees, one might say, that the King, who is the Protector of the same, might and ought to maintain them in an extraordinary man∣ner by his own Authority: But since, when a Judge gives a Sentenee against their Tenor, the said Sentence may be revers'd, and he corrected by his Superiour, the Officers of the Prince cannot, without invading the Priestly Office, and without a manifest Abuse, do that which only belongs to those that are particularly consecrated to GOD: And when they do so, before the last Sentence of the Church is given, their attempt is not only void of Justice, but even of all appearance of Justice.

The Endeavours of the Parliaments also to tran∣slate all the Spiritual and Ecclesiastical Jurisdiction, to the Tribunal of Princes, under pretence of Tem∣poral Justice, is no less void of Ground and of Appearance: And yet there is no Presidial or Judge Royal, but will ordain the time of Processi∣ons, the Hour of High Masses, and many other Ceremonies, under colour of publick Convenience; thus the Accessary becomes the Principal: And whereas the Service of God should preceed all things, and be the Rule of Civil Actions, it will no longer be in force, than while the Temporal Officers of Princes will be pleas'd to allow it.

Page  60I am very sensible, that sometimes the Male-Ad∣ministration of Justice of those who exert the Ec∣clesiastical Jurisdiction, and the Tediousness of the Formalities prescrib'd by the Canons, give a spe∣cious Pretence to the Incroachments of the King's Officers; but it cannot be with Reason, since one Inconvenience does not establish another, but obli∣ges to correct both; which is what I design to shew hereafter.

I would willingly pass under silence the Pre∣tension which the Parliaments have to render every thing abusive which is Judg'd against their Decrees, to which, by that means, they would give the force of Ordinances, if I were not oblig'd to shew, that this Abuse is the less supportable, in that they endeavour by that Encroachment to equal their Au∣thority to that of their Master and of their King.

The Detriment the Church receives by such En∣croachments, is the more insupportable, in that it hinders the Prelates absolutely from performing their Office. When a Bishop designs to punish an Ecclesiastick, he strait removes from under his Ju∣risdiction by an Appeal; if in making his Visita∣tion he makes any Ordinance, the effect of it is immediately stopt, by reason, that tho' in matters of Discipline Appeals are only by way of Devolu∣tion, yet the Parliaments make them suspensive against all manner of Reason.

In fine, we may affirm with Truth, that the Church is fetter'd; and that, if her Ministers are not blind, yet their Hands are tied; insomuch that tho' they know the Evil, it is not in their Power to redress it.

Page  61That which comforts me in this Extremity, is, that what is impossible to the Church on this Subject, will be very easie to your Majesty, on whose bare Will the remedy such Disorders de∣pends.

The first thing that is to be done in order thereunto, is, to prohibit those Appeals for the fu∣ture; unless in the Case of a visible attempt upon the Royal Jurisdiction, and of an evident Trans∣gression of the Ordinances, which only relate to the Temporal Authority of Kings, and not to the Spiritual Authority of the Church.

This Ordinance being suppos'd, if in order to have it regularly observ'd, your Majesty will be pleas'd to make a Regulation containing Six Heads. You will at once put a stop to the Incroachments of the Church, and of the Parliaments.

The First Head of that Regulation must order all Appeals of this kind to be seal'd with the Great Seal, for the Parliament of Paris; and that in all others, which the Distance of your Court obliges to make use of the Privy Seal, they may not be seal'd before three ancient Advocates have affirm'd under their Hands, that there is cause of Abuse, submitting to a Fine, in case it be found otherwise.

The Second must declare, that all Appeals made in point of Discipline, shall be only by way of * Devolution, and not of Suspension.

Page  62The Third must order the Abuse complain'd of to be specify'd both in the Appeal, and in the Sentence that shall be given upon the same; which is the more necessary, in that it often comes to pass, that tho' there is only an Errour in point of Formality, or in some particular Head of the Sentence, which contains many, when the Parlia∣ment declares that there is an Error or Abuse, the Sentence is held void in all things; tho' it ought only to be so in one of its Circumstances, which commonly is not very material.

The Fourth must oblige the Parliaments to enter the Causes of the said Appeals upon the Rolls before any others, and to call and judge them preferrably to all others, without referring the same, to avoid the Delays; which are often desir'd by those, who only aiming to elude the Punishment of their Crimes, endenyour to tire out their ordinaty Judges, from whom they Ap∣peal; and because it is not reasonable to deprive the Publick of the Administration of Ecclesiastical Justice, by making those who are the principal Of∣ficers of it bare Sollicitors before a Tribunal which is inferiour to theirs.

The Fifth must impose a Necessity on the Par∣liaments, to Fine and to Condemn those to pay the Costs, who shall appeal without a Legal Cause, without the Power of remitting the same, on any account, or upon any pretence whatever; and to send them back again before the same Judges, from whom they have appeal'd without a Cause; which is the more necessary, because that without this Remedy all Criminals would be at liberty to free Page  63 themselves of the common Jurisdiction, by Appeal∣ing without a Cause

The best Ordinances and the justest Regulations being often despis'd by those who ought to observe them most Religiously; and the Licentiousness of Soveraign Courts often proceeding to that degree, as to violate or reform your Orders, according to their pleasure; the best way to render your Will effe∣ctual, and to make your self to be obey'd in a point of such Consequence, is to add a Sixth Head to the Five foregoing, which will be as effectual a Remedy to oblige your Officers to perform their Duty on that subject, as that of Appeals is excel∣lent to hinder the Ecclesiastical Judges from being wanting in theirs in the Exercise of their Jurisdiction.

This Remedy requires nothing but to grant the humble Petition of your Clergy, that your Maje∣sty would be pleas'd to allow them to Appeal from you to your self; by applying themselves to your Council, whenever your Parliaments shall be wanting in the Observation of your Orders and Regulations.

This is the more reasonable, in that whereas, in order to suppress the Incroachments of the Church, by appealing to your Judges, Application is made to a Tribunal of an Order different and in∣feriour by its Nature; and that in having recourse to your Council, to put a stop to those of your Parliaments, Application is made to an Order of the same kind. And undoubtedly, even those who envy the Franchises of the Church, can find no fault with it, since that instead of making it inde∣pendent of Temporal Jurisdiction, it adds a De∣gree to its subjection.

Page  64Finally, it will be the more advantagious to your Majesty in that, as it will keep the Power of the Church within its own Bounds; it will also restrain that of the Parliaments within the just Ex∣tent, which is prescrib'd to them by Reason and by your Laws.

And if besides your Majesty's Commands to your Council, to exert the Power they have by your Au∣thority to hinder the Encroachments of all your Subjects, and particularly those of your Officers, who administer your Justice in this Kingdom, you take Care to fill it, not with Men, whose Preten∣sion and Importunity are the best Titles they can produce to obtain their Ends, but with Persons chosen for their Merit, from among all your Sub∣jects; you will have the Satisfaction to see, that those who will not contain themselves within the bounds of their Duty by Reason, will be con∣strain'd to it by force of Justice; which will not be continu'd long, but you will find clearly, that what was forc'd in the beginning will become voluntary.

SECT. III.

THose who Consecrate themselves to God, by devoting their Lives to his Church, are so absolutely exempted of the Temporal Jurisdiction of Princes, that they can only be try'd by their Ecclesiastical Superiours.

Divine Right, and the Law of Nations, esta∣blish the said Immunity clearly. The Law of Page  65 Nations, in that it has been acknowledg'd by all Nations. Divine Right, by the Confession of all Authors who have treated of it, before the Mo∣dern Jurisprudence of the last Age.

The Church has enjoy'd it until the Male-Ad∣ministration of Ecclesiastical Justice has open'd a way to the Ambition of the Officers of Temporal Princes to take Cognizance of the same.

The Church also being sensible, that the Mis∣fortunes of the Times hindred them from being able to redress by their own Power, many Disor∣ders, which those who were under her Jurisdiction were fallen into, resolv'd in order to remove all Cause of Complaint, upon the account of the Im∣punity of the Crimes, which were committed un∣der the Protection of her Authority, to give Se∣cular Judges the Power to take Cognizance of thm in certain priviledg'd Ca∣ses; † because they could not do it otherwise, than by vir∣tue of the Priviledge that was particularly granted them to that effect.

It must be noted, that there is a difference be∣tween the Cases that are styl'd Priviledg'd in all States, and those that are particularly pretended such in France.

The First may be reduc'd to Two, which are Voluntary Homicide with Premeditation, and ma∣nifest Apostacy, as to perswade Clerks to despise, and to forsake an Ecclesiastical Life, to quit the Habit of it, and to live with Scandal in the World, either in bearing Arms, or in doing Page  66 any other Action directly contrary to their Pro∣fession.

The number of the Second were inconsiderable at first. When the Pragmatical Sanction was esta∣blish'd, there were but two; the bearing of Arms, and the Infraction of the King's Safeguard; but by degrees they have been extended farther.

All Trespasses against the Pragmatical Sanction have been deem'd Criminal Cases.

That of the *Concordats has been put in the same Rank.

The Verification of Cedules before the Judge Royal is also deem'd of the same kind.

Ravishments, Robberies upon the High Ways, False Witnesses, Coining, High Treason, and all enormous Crimes are deem'd to be of the same nature by the Parliaments.

In fine, if we believe them all the Faults of Ec∣clesiasticks, even common Injuries are priviledg'd Cases, there are no longer common Trespasses.

Such Crimes as are granted to be priviledg'd Cases, in all States, are own'd as such by the una∣nimous Opinion of the whole Church; and ma∣ny of those that are deem'd such in this Kingdom, are so by Abuse, and by the Incroachments of the Officers Royal.

They have been the bolder in assuming the Cognizance of all the Deportments of Clerks, by reason that, according to the Order of the Canons, which requires three conformable Sentences for the Condemnation of their Faults, it is very difficult to punish even the most notable, and impossible to do it in a short time.

Page  67Altho' this Pretence is plausible, and that it re∣quires a Reformation of the Formalities observ'd in the administration of the Justice of the Church; nevertheless, the ancient Lawyers could not for∣bear blaming the said Incroachment publick∣ly. And it is no Argument to urge, that those Crimes which render Ecclesiasticks unworthy of their Character, deprive them at the same time of their Immunities; since by such Arguments many Conclusions would be inferr'd as false as pre∣judicial, even to those▪ who draw such Conse∣quences.

The only Consequence that can be inferr'd of the Delays and Irregularities observ'd in the Ad∣ministration of the Justice of the Church, is, that it is necessary to remedy the same; and that as the Ecclesiasticks are oblig'd so to do, so Kings are oblig'd to maintain them in the Immunities which God has been pleas'd to confer on his Church.

In order to discharge these Obligations, the Church is oblig'd to remedy, by the means we shall propose hereafter, the intolerable Delays of these Sentences, requir'd by the ancient Canons; and in the next place, to become so exact in the punishment of the Crimes committed by those that are under her Jurisdiction, that as soon as a Scan∣dal is discover'd, the exemplary Punishment of the same may be known as soon as the Offence.

And the King making a Declaration to express all the priviledg'd Cases, which may be reduc'd to those which may be committed by such, and in all States, and in all Orders; and besides, in the bearing of Arms, the Infraction of the King's Safeguard, the Verification of Cedules, ma∣nifest Page  68 Apostacy, as it is above explain'd, Robbe∣ries on the High Way, Coining, and all Crimes of Leze-Majesty, must absolutely forbid his Offi∣cers to take Cognizance of any other Cases, until the Accus'd be sent to them by the Judges of the Church; and that in case they infringe the said Order, their Punishment may be known almost as soon as their Trespass.

Now since Justice requires an exact knowledge of a Fault before it can be punish'd; and that Kings cannot administer Justice themselves to all their Subjects: His Majesty will discharge his Obligation, in ordering his Privy Council to re∣ceive the Complaints of the Infractions made by his Officers of what Quality soever, to such a Re∣gulation, and to punish their Incroachments severe∣ly: In which case the Church being satisfy'd with such an Order, will be the more careful to admi∣nister Justice, when they do receive it from their Prince.

SECT. IV.

ALtho' the Canons of the Holy Chappel * of Pa∣ris maintain, that the Regalia was given them by St. LewisPage  69 their Founder: Yet it is most certain, that the first Grant we find of it is of Charles the 7th, which allows them for three years only the right of en∣joying the Temporal Revenue of the vacant Bi∣shopricks, over which the Regalia should be found to have a Right. The time of the said Grant be∣ing expir'd, he continu'd the same for three years longer, and for the four following; the whole on condition, that one half of the Money arising thereby should be imploy'd for the maintenance of the Chanters who were to perform the Service; and the other, for the Reparation of the Glass Windows and Ornaments, and for the mainte∣nance of the Choiristers, according as it should be ordain'd by the Chamber of Accounts of Paris.

Charles the 7th being dead, his Son Lewis the 11th continu'd the same Favour to the Holy Chappel, during his Life, which was look'd upon to be so extraordinary, that the Chamber of Ac∣counts would only verifie the Letters Patents thereof for Nine Years.

After the Reign of Lewis the 11th, his Succes∣sors Charles the 8th, Francis the 1st, and Henry the 2d continu'd the same Favour during their Lives.

Charles the 9th went far∣ther, * and granted to Perpetu∣ity to the Holy Chappel, what his Predecessors had only granted them for a time.

The Intention those Princes had is praise-wor∣thy, since they gave a Right which did belong to them to a good end. But the Use those of the Holy Chappel have made of it can never be suffi∣ciently blam'd, since that instead of being satisfy'd Page  70 with what was given them, they have endeavour'd under that pretence, to make all the Bishopricks of France subject to the Regalia.

The Parliament of Paris, which pretend to be the only Judges of the Regalia, have been blinded to that degree by Self-interest, as to make no Scru∣ple to declare even all those Bi∣shopricks, † which in our days have been united to the Crown, liable to that Servi∣tude; and to order the Advocates in proper terms no longer to question, but that the extent of the Regalia was as large as that of the Kingdom.

This Incroachment being too visible to pro∣duce any Effect, induc'd the Churches which were not liable to that Right no longer to acknowledge that Tribunal for Judges, and the Kings to refer all such Causes to their Council.

The extent of that Right over all the Bishop∣ricks of the Kingdom, is a Pretension so ill ground∣ed, that in order to discover the Injustice thereof, it will be sufficient to read a Deed *, the Original of which is in the Chamber of Accounts, which the President Le Maitre caus'd to be printed, which gave an Account of the Bishopricks that are subject to the Regalia, and of those that are free from it.

Formerly the common Opinion was, that there was no Regalia beyond the Ri∣ver Loire†, the Kings Lewis le Gross and Lewis the Young exempted the Archbishoprick of Bourdeaux, and the Suffra∣gan• thereof, of the same. Ray∣mondPage  71 Count of Tholouse grant∣ed the same Favour to the Bi∣shops of Provence and of Lan∣guedoc, which was afterwards confirmed to them by Philip le Bell; and St. Lewis yielded the Regalia of all Brittany to the Dukes of the Country, by the Treaty he made with Peter Ma•-clerc; which shews, that he did not give it to the Holy Chappel when he founded it.

Several other Bishopricks, as Lyons, Autun, Auxerre, and divers others, are so undoubtedly free from that Subjection, that no body calls it in∣to question.

Page  72The Ordinances made at divers times shew clearly, that the Kings of France never did pre∣tend to have a Regalia over all the Bishopricks; and that Truth is so evident, that Pasquier the King's Advocate in the Chamber of Accounts, is forc'd to confess, that he who maintains that Do∣ctrine, is rather a Court Flatterer than a French Lawyer. These are his very Words.

The Ignorance, or rather the want of Spirit, and Interest of some Bishops, has contributed very much towards the Vexation the Prelates of this Kingdom suffer at this time, who, to free them∣selves of the Presecution they did receive in their own particular, have made no scruple to receive Acquittances from the Holy Chappel for Sums they never paid.

The Opinion they had, that in disputing their Right before Judges who were their Parties, they would be condemn'd, has perswaded them that they might innocently commit such a Fault, the Consequence of which would be very dangerous, if your Majesty's Goodness did not repair the harm done by their Weakness.

Common Right requiring the Disposition of the Fruits of a vacant Benefice, to be reserv'd for the future Successor; the contrary cannot be done with∣out an Authentick Title to impower one so to do.

Yet we find none of that kind to justifie the Pretensions of Kings, to dispose of them according to their Pleasure; for want of which they are forc'd to have recoutse to Custom.

This Truth is so certain, that all the Ordinances made upon that Subject only maintain their anci∣ent Possession.

Page  73As it is very easie for Soveraign Princes, by di∣vers Pretences, to attribute that to themselves which does not belong to them; and that there∣by an unjust Usurpation in the beginning, may in process of time be deem'd Lawful, by virtue of Possession: There may be a great deal of Reason to question, Whether Custom can have the force of an authentick Title in the case of Soveraigns.

But not designing to dispute your Majesty's Rights, but only to persuade you to regulate them, insomuch that they may not endanger the Salvation of Souls; without endeavouring any farther to exa∣mine the Source and the Foundation of the Rega¦lia's, which I suppose valid; I only design to examine what the Holy Chappel can pretend by virtue of those Concessions of your Predecessors, and to pro∣pose the Remedy of the Abuse which is committed in the enjoyment of such a Grant.

It often happens, that a Bishop who is Rich in all the Qualifications requir'd by the Canons, and which the Piety of Good Men can desire in him, but Poor by his Birth, remains two or three Years incapable of performing the Duty of his Office, both by the Payment of the Bulls, to which he is oblig'd by the Concordates, which often sweep away a whole Year's Revenue, and upon the ac∣count of this new Right, which takes away ano∣ther. So that adding to these two Expences the Charge he must be at to buy the Ornaments he stands in need of, and to furnish his House accor∣ding to his Dignity; it will often be found, that three Years are pass'd, before he can receive any thing for his Maintenance: For which reason, many of them do not go to their Bishopricks, ex∣cusing Page  74 themselves upon necessity; or laying aside House-keeping, deprive themselves of the Reputa∣tion they ought to have to feed their Flock, as well by Acts of Charity, as by Words.

It also often comes to pass, that to avoid these Inconveniencies, they engage themselves so far, that some are prevail'd with to practsie illegal means to acquit their Debts: And those who do not fall into that Extremity, live in perpetual Mi∣sery, and finally frustrate their Creditors of what they owe them, for want of Power to pay them.

The Remedy to that Evil, is as easie as neces∣sary, since it only requires the annexing to the Holy Chappel, an Abbey of equal Revenue with that which they can receive by that Settlement.

Some perhaps will say, That it will not be easie to clear this Point as it should be, by reason of the difficulty the said Society will make of dis∣closing that which they design to conceal: But if your Majesty orders them to justifie in two Months time, by the Acts of their Registers, what they did enjoy before the perpetual Concession made to them by Charles IX. and that on pain of forfei∣ting the said Right; this lawful Proceeding will soon discover what is necessary to be done, to re∣compence the Grant they have receiv'd from your Predecessors.

I am sensible, that the said Chapter will pretend, that the Revenue they receive by the Regalia, ought to be consider'd, according to what they enjoy by it at present; but whereas it is certain, that they were no sooner certain of the perpetuity of that Grant, but they extended it on divers Bi∣shopricks that were not liable to it, it is evident, Page  75 that the Fine I propose is that on which you may justly take your Measures.

If your Majesty will be pleas'd to do this, you will easily procure an incredible advantage to your Church, by which means the Souls will more easi∣ly receive the Food that is so inecessary for them, and which they ought to expect from their Pastors.

If, in the next place, you continue the Resolu∣tion you have taken and which you have practis'd for a considerable time, Not to grant any Pension on Bishopricks, which is absolutely necessary, you will admit nothing in your Power, to put Bishops out of danger of not being able to perform their Duty for Want.

SECT. V.

EVery body knows, that the Orders which me meerly Political in the Church, may and ought often to be chang'd, according to the Alta∣ration of Times. In the Purity of the first Age of Christianity, some Establishments of that kind were good, which at present would be very pre∣judical.

Time, which is the Father of all Corruption, having render'd the Manners of Ecclesiasticks different from what they were in the Fervor of their first Zeal; it is certain, that whereas during the course of se∣veral innocent Years, the Church, in which the Page  76 Zeal of the Prelates made them as severe in the Pu∣nishment of Crimes, as they are slack and negli∣gent in that Performance at present. It is certain, I say, that whereas in those Days the Delays of the Formalities, observ'd in the Ecclesiastical Ju∣risdiction, were of no ill Consequence, they are very prejudicial at present; and Reasou does not permit the continuanco of the same.

This Consideration makes it very necessary to abolish the ancient Order prescribed by the Canons, which requires three conformable Sentences for the Conviction of Clerks.

The ill use that has been made, for a long while, of the said Order, Author of all Impiety, and con∣sequently of the Disorders of the Church, obliges it to do it self Justice in that point, to remove all Pretence from Temporal Judges, to follow the Opinion of certain Theologians, who have made no scruple to say, That it were better the Or∣der should be revers'd by an Incompetent Judge, than to see Disorder reign.

It is impossible to take away the Right of Juris∣diction of the Archbishopricks, of the Primates of the Holy See; but whereas it often comes to pass, that Six or Seven Sentences are given, before Three of them happen to be conformable to one another, the said Inconvenience may be remov'd, by ordering the Sentence of the Judges Dele∣gated by the Pope, upon the Appeal of the Pri∣mate, or Archbishop, to be definitive and abso∣lute; and to the end this last Judgment may be obtained speedily, and that the Zeal of the Church may appear in the good Administration of their Justice, it will be fit his Majesty would be pleas'd Page  77 to joyn with his Clergy, to obtain from the Holy See, that instead of having recourse to Rome, in all the particular Cases that are to be Tried, his Holi∣ness would be pleas'd to Delegate, in all the Pro∣vinces of the Kingdom, Persons of Capacity and Probity, with a Power to Judge Soveraignly of all Appeals made in his Tribunal, without any new Rescripts.

This Proposition cannot be odious at Rome, since the Concordate obliges the Pope to Delegate in partibus, for the Decision of the Causes that are depending there; this difference will only be found, That whereas at present there is a necessity of ha∣ving recourse to Rome in every Cause, for the Dele∣gation of those Judges, they will then be all ready Nominated for the Decision of all the Causes of the Kingdom; which facilitating the Punishment of the Crimes of the Ecclesiasticks, will remove all pretences of the Parliament's Incroaching, as they do, upon the Justice of the Church, and all Subjects of Complaints from the Ecclesiasticks a∣gainst them.

And thereby the Mouths of those that are open Enemies of the Church, or envious of her Immu∣nities, will be shut; and her best Children who have been silent hitherto upon that Subject, will maintain her Cause, and speak boldly and freely to defend her Liberty, against those who would oppress it without Reason.

I am sensible, that the Holy See will fear, left those Delegates should become perpetual Dictators in time; but the changing of them from time to time, which I think to be fit and necessary, will remove the fear of that Inconvenience; and con∣tinuing. Page  78 to sue out the Appeals at Rome in every Cause which may be suffered, the Rights of the Holy See will remain entire, without any dimi∣nution.

It may be urg'd, That it will require no more time to obtain a new Delegation of Judges from Rome, for every Crime that shall be committed, than to sue out an Appeal to remove the Cause, before those that are already Delegated; but the thing is very different, since it is certain, that one of the principal Abuses which hinders the Punishment of the Crimes of the Clerks, consists in that the Appellant commonly obtains at Rome his Removal, before such a Judge as he thinks fit in France, by Collusion with the Benchers, who for Money serve their Clients as they please.

SECT. VI.

EXemption, is a Dispensation, or Relaxation of the Obligation we lay under to Obey our Su∣periours: They are of different kinds; some are of Right, others of Fact.

The Exemptions of Right, are those we enjoy by the Concession of a lawful Superiour, who grants them upon mature Deliberation, and for certain Reasons.

Page  79The Exemptions of Fact, are those we are in pos∣session of without a Title, * but only by the use thereof Time out of Mind.

The Exemptions of Right are approv'd of by all Casuists, as granted by a Lawful Authority.

Those of Fact, though not lawful in themselves, are not always condemn'd by them; because those that have enjoy'd a Priviledge Time out of Mind, had formerly Bulls for the same, though they can∣not produce them.

There are Three different Exemptions of Places; The First is that of Mendicant Monasteries, which the Bishop does not visit, though he is receiv'd so∣lemnly there, whenever he goes thither, may hold his Orders there, and perform all the Episcopal Functions, whenever he thinks fit.

The Second is of many other Places, in which they are not receiv'd, and can perform no Episco∣pal Function, unless they make a Declaration, That it is without prejudice to the Rights and Pri∣vileges of the said Places. The Abbeys of Marmou∣tier, and of Vendosme, and many others, are of this kind.

The Third is of certain Territories, in the ex∣tent of which, the Bishop exerts no Jurisdiction, not even over the Laity; over which, those who enjoy such Exemptions, have the sole Jurisdiction, and the Power commonly call'd, Lex Diocoesana: The Abbeys of S. Germans des Prez, or of the Fields, of Corbie, of S. Florent le Vieil, of Fescamp, and many others are of this kind within the whole extent of their Territories, the Monks themselves exert all the Episcopal Jurisdiction.

Page  80They give Dispensations of Banes; they ap∣point Monitories; they publish Jubilees, assign the Stations after the Orders are come from Rome; the Visa's are expedited in their Names. Moreover, they pretend a Right to chuse whatever Bishops they think fit to give Orders, without Leave from their Diocesan Bishop.

Finally, they give Demissories to receive Orders from any Bishop.

The Chapter of Chartres enjoys this Exemption; by virtue of which, the Bishop cannot make his Entry into the Church, without giving an Act, by which he promises to preserve the Priviledges of the Church, nor make any Visitation, either of the Holy Sacrament, or of the Holy Oyls.

Those Persons are so far exempted from the Ju∣risdiction of the Bishops, that when a Canon be∣comes a Delinquent, the Chapter nominates the Judges that are to Try him; and if there be an Ap∣peal of Judgment, they apply themselves to Rome, to have Judges in Partibus, because that Church ad Sanitam Romanam Ecclesiam, admisso nullo •edio, pertinet.

They publish Indulgences; they have a hun∣dred and odd Parishes; they exert all the Diocesan Jurisdiction, and the Appeal of all their Sentences is carried to Rome: They ordain all General Pro∣cessions.

St. Martin of Tours enjoys the same Priviledges.

Four sorts of Persons are particularly exempted in the Church; the Archbishops of the Primates; the Bishops of the Archbishops; the Monks, and the Religious of the Bishops; and the Canons of the Bishops and Archbishops.

Page  81Those Exemptions differ in many Circum∣stances; some only exempt Persons, and others also exempt the Place of their Abode, and that dif∣ferently.

Anciently the Archbishops were subject to the Primates *, to whom the Pope sent the Pallium to exert Power and Authority over the Metropo∣litans. But since those of France, excepting those of Tours, of Sens, and of Paris, have obtain'd, ei∣ther by Bulls, or by Prescription, leave to have no Dependance on the Primates.

Some Bishops † have also obtain'd the Exemption of their Subjection to their Arch∣bishops from the Pope.

The Monks are almost all exempted from the Common Jurisdiction, and their Right is grounded on the free Concession of their Bishops, or of the Popes; their most ancient Exemptions, are those that were granted them 7 or 8 old, ears ago, by the Bishops and Archbishops; bu•… those they have obtain'd since, have been granted by the Popes, to one of these ends, either least the Pre∣sence and Court of the Bishops should disturb their Solitude, or to free them from the Rigour of some, by which they were, or pretended to be severely us'd.

Page  82The last that have been exempted from the Juris∣diction of their Superiours, are the Canons. In their first Institution they were so strictly bound and united to their Bishops, that they could do no∣thing without their leave; and to endeavour to free themselves of their Obedience to them, would have been look'd upon as the greatest Crime they commit in those days

Many have been of Opinion, that they have obtain'd all their Exemptions from the Anti-Popes, or that they are evidently surreptitious, or barely grounded on the Possession of a Time out of Mind; but it is most certain, that some of them are more ancient than the Schisms, and more authoriz'd than those which draw their Force and Virtue from the Anti Popes.

The most lawful have grant∣ed some; * either in Confir∣mation of the Concessions of the Bishops, or of the Agree∣ments made with them; or of their own accord, under pretence to secure the Ca∣nons against the ill Usages they did receive from them.

In order to penetrate into the bottom of this matter, and clearly to distinguish the good Ex∣emptions from Rome▪,•ad, we must consider the Bulls •y which th•… Authoriz'd differently.

Those▪ that were granted by the Popes before the Misfortune of the Schisms are different from those which were granted since the Extinction of the same.

The first sort must be look'd upon as good and valid; but yet such Bulls being an Exemption from Page  83 the common Right, which is always odious, must be carefully examin'd, for fear of being mistaken in the Tenor of them; since it is certain, that many are produc'd as Bulls of Exemption, which are only Bulls of Protection, which were obtain'd anciently; and Bulls, which grant some particular Priviledges, but not an Exemption from the usual Jurisdiction; or Bulls, which only authorize Chap∣ters to erect a Jurisdiction inferiour to that of the Bishops; like unto those of the Arch-Deacons, who in some Churches have a right to Exeommu∣nicate, to Interdict, and to injoin publick Penances, tho' they are still subordinate to the Bishop's Ju∣risdiction.

As for the second sort, as they are void in them∣selves, for want of a Lawful Authority in those who did grant them, particularly by the Constitution of Pope Martin the 5th, * which annihilates all Bulls obtain'd during the Schisms, no body can▪ pretend, without Malice or Ignorance, to make use of them to the Prejudice of the Com∣mon Right.

The third sort have been granted, either to serve for new Exemptions, or to confirm preceding ones.

The first must be reputed void, either because they are directly opposite to the Decree mention'd by Martin the 5th; or because they have been surreptitiously obtain'd, as the Parliament of Paris and Tholouse have adjudg'd it, against the Chapters of Angers and Cahors.

Page  84The second being only granted to confirm an ancient Right, which is never found to be lawfully establish'd, must, in the Judgment of all Impartial Persons, be look'd upon as of no Effect.

It now remains to see whe∣ther the Exemptions * ground∣ed on the bare Concessions made by the Bishops, or on the Agreements and Arbitral Sen∣tences interpos'd upon that Sub∣ject against them and their Chapters, are good and valid.

If it be never lawful for Bishops to alienate their Temporal without an evident Advantage and Pro∣fit, much less can they renounce their Spiritual Au∣thority, to the great prejudice of the Church, which thereby sees her Members divided from the Head, and the Rule whereby it subsists chang'd in∣to a Confusion, which destroys it.

The Nullity of Agreements, mutual Promises, or Arbitral Sentences is very visible by that Princi∣ple: No Man can compromise or transfer a thing, the Disposition whereof is not in his Power; and if there be any Authors who are of Opinion, that Spiritual things may be transferr'd, all in general except some, among which the Subjection of this nature is the first: And indeed those sort of Titles are so invalid in the Case in question, that tho' they were confirm'd by the Popes, they would not be sufficient to deprive of their Right the Succes∣sors of the Bishops, who have parted with their Superiority in one of the three ways above spe∣cify'd.

Page  85As Reason shews that none of these ways can be of force against common Right; it also shews, that Bulls barely confirming the said Concessions, Agree∣ments, or Arbitral Sentences, give no Right to those who would make use of them, because they can have no more Force than the Foundation they suppose.

One Point only remains liable to Examination, viz. Whether the Custom and ancient Possession which Chapters claim against the Authority of their Bishops, is a Title sufficiently valid to make the Church undergo the Prejudice it suffers by Exemptions.

* Custom is a very deceit∣ful Rule; the ill ones, tho' ne∣never so ancient, are universal∣ly condemn'd; and all those that are against common right, and destroy an Order establish'd by Ecclesiastical Constitutions, must be reputed so, and can be no just ground of Prescription, much less in what relates to Ecclesiastical than to Civil Laws, since the Settlements of the Church are grounded on a more certain Principle; and the Difficulty propos'd must be decided every where, by saying, That Custom may serve as a Title in those things which may be possess'd by common Right, but never in those in which Possession vi∣olates it; in which Case it is absolutely void, unless it be accompany'd with a Title so Authen∣tick, that it may be liable to no manner of Suspi∣cion: Whence it results, That Common Right submitting all Canons to their Bishops, there is no Page  86 Custom sufficiently powerful to exempt them from that Subjection.

It is impossible to imagine the many Evils Ex∣emptions are the Source of. They overthrow the Order the Church has establish'd consonant to Reason, which requires Inferiours to be subject to their Superiours. They ruine the Concord which ought to be between the Head and the Members; they authorize all sorts of Violences, and leave many Crimes unpunish'd, as well in the Person of the Priviledg'd; as in that of many Libertines, who take the Advantage of them to secure them∣selves:

There are two ways to redress that Evil, either by annihilating the Exemptions absolutely, or by regulating them.

I am very sensible that the first Expedient, as the most absolute, is the most difficult: But since it is not impossible, I will nevertheless propose it to your Majesty, who has ever delighted in do∣ing that which your Predecessors durst not at∣tempt.

However, I do not think it proper in relation to the Exemptions which Monks and their Mo∣nasteries enjoy. As they are dispers'd in divers Dioceses, the Uniformity of Mind, which ought to reign among them, requires, that instead of their being govern'd by divers Bishops, whose Minds are different, they should be under the Go∣vernment of one Regular Chief; upon which Foundation I affirm boldly, That it is as necessa∣ry to allow them the Possession of the lawful Ex∣emptions they enjoy, as it is just to know the Va∣lidity of them, by the Examination of their Bulls, Page  87 which they extend sometimes farther than Reason requires.

But I say moreover, that the other Exemptions may be abolish'd with so much Advantage for the Church, that that Universal Motive is sufficient to make one despise particular Interests on that occa∣sion.

When a thing is just, it is a sufficient Induce∣ment for us to undertake it; and we are abso∣lutely oblig'd to do it when it is altogether ne∣cessary.

The Church having subsisted hitherto without the Alteration I propose, I do not suppose it has this last Quality; but I say, that it would be very useful, in that it would leave no subject of Excuse to the Bishops, in case they were wanting in their Duty.

To make use of this first Expedient would only require a Revocation made by his Holiness of the Exemptions and Priviledges in question, and a Power given to the Bishops to exert their Jurisdi∣ction over their Chapters, and all other priviledg'd Persons, except those above mention'd.

Such a Bull, accompany'd by a Declaration from your Majesty, verify'd in your Parliaments and in your Council, would break the Fetters which tie the Hands of the Prelates of your King∣dom, and would make them answerable for the Disorders of their Dioceses, which it is almost im∣possible for them to do at present.

The obtaining of the Pope's Bull would prove the easier in my Opinion, in that it is consonant to the overtures of the Council of Trent, which de∣clares Page  88 particularly *, That the Chapters and Canons cannot by virtue of any Exemption, Cu∣stom, Possession, Sentence, Oath and Concordat whatever, be ex∣cus'd of being visited, corrected, and chastis'd by their Bishops, or other Persons deputed by them: And tho' this Expedient were not relish'd at Rome, where Novelties, tho' useful, are com∣monly odious, and where the least Opposition generally ob∣structs great Advantages; your Majesty causing the Decree of the Council to be observ'd on this Subject, will have no need of any new Expedition.

I am sensible that this Remedy will be dislik'd by the Parliaments, with whom Use and Practice is far more prevailing, than whatever Reasons can be urg'd; but after having foreseen that good, and consider'd all the Obstacles which may be met in it, I declare boldy, that it would be much better to pass over all of them, than to stop at any oppositi∣on whatever: And your Majesty may undertake the said Alteration the better, and with more Rea∣son, because that in restoring things upon the foot of common Right, you will restore them in their own Nature; and that it sometimes becomes So∣vereigns to be bold on certain occasions, which are not only just, but of which the Importance cannot be que∣stion'd *.

Page  89The Canons keep their Titles so conceal'd, that it is impossible to come to the knowledge of them, unless by the King's Authority: Moreover, they often suppose them, when they have none; which Peter de Blois and Peter le Venerable openly com∣plain of.

Tho' the Advantage of these two Expedients, which indeed are but one and the same, ought to prevail with the World to approve them; yet the Fear I am in, that the Difficulties which would be met with, to put them in Execution, would make them ineffectual, makes me pass to the second, which consists in the Nomination of Commissioners, Bishops, Canons and Monks, which being joyn'd to Deputies of the Council and of the Parliaments, shall take an Account of all the Exemptions and Priviledges of the Church; to the end, that being represented to your Majesty, those that will be found good and valid may be regulated; and those that have no lawful Founda∣tion, retrench'd and abolish'd: And the said Ex∣pedient is the more practicable, in that the Ordi∣nances of Orleans*, made un∣der Francis the 2d, have a par∣ticular Article for the Regula∣tions of Exemptions.

If, in the next place, the Pope would be pleas'd to impower in every Metropolis the Delegated Judges we have above propos'd, to regulate by the Page  90 Authority of the Holy See, what the Bishops will not be able to do of themselves, by reason of the Exemptions, which will remain in their Force and Vigour, and your Majesty to command your Council to take Cognizance of the Differences which will arise upon such a Subject, you will ab∣solutely remedy all the Evils the said Priviledges occasion.

SECT. VII.

IT now remains to speak of the Evil which pro∣ceeds from, that the Bishops do not dispose of the major part of their Cures of their Dioceses, to which the Ecclesiastical or Lay-Patrons have a Right of Presentation.

The Ecclesiasticks began to enjoy the right of Patronage * in the Council of Orange, where it was ordain'd, That the Bishops, who should build Churches in another Diocese, should have a Right to put such Priests there as they should think fit, provided their Capacity was approv'd of by the Diocesan Bi∣shop.

* The same Right was also given by Justinian to the Lay∣men, who should be Founders of Chappels, which they obtain'd afterwards even in respect of Monasteries, which they should be Founders of.

Page  91* The Ninth Council of To∣ledo moreover extended the Right of Laick Patronage to Parochial Churches, allowing the Founders to nominate Curates, lest the Negli∣gence wherewith Bishops would serve their Foun∣dations should discourage them from making any new ones.

In the beginning this Right was of no longer continuance than the Founders Life, Gregory and Pellagius extended it to their Children; and finally, under Charlemayne it pass'd to the Heirs, whoever they were, which has continu'd ever since.

This Right, which is approv'd of by several Fathers of the Church, being confirm'd by divers Councils, particularly that of Trent, must be look'd upon as holy and inviolable, by reason of its An∣cientness, for its Authority founded on the Canons of the Fathers and of the Councils, and for the Advantage which accrues to the Church by the same, in favour of which many Foundations are made, thereby to acquire the Power to nominate those that are to enjoy them.

But when I consider, that Necessity has no Law, and that the Use of a Priviledge, which was good during the fervour of the Founders, is at present so prejudicial by the Corruption of those who are Heirs of their Estate, but not of their Zeal and of their Virtue, nor even sometimes of their Religi∣on, that it is impossible to continue it, without exposing many Souls to their Ruine: I dare af∣firm boldly, that a Disorder of that Consequence can no longer be conniv'd at, without being an∣swerable for the same before God.

Page  92Many are of Opinion, That the best Remedy for this Evil, is wholly to abolish the Cause of it; but when I consider, that a Legacy of this nature cannot be possess'd with Justice, without perfor∣ming the Conditions on which it has been given; and that the Fathers of the Council of Trent, who were sensible of the Abuses of the same, durst not alter them, I am at a stand; and I do not think that a private Man can, without Temerity, pro∣pose such a Remedy: It will be better to have re∣course to a milder way, in some measure propos'd by the Council of Trent* though not directly.

That way is, † That the Synod should Elect Examiners, by which all the Pretenders to Benefices, which have the Cure of Souls, shall be carefully examin'd, to the end that their Capacity and Probity being known, they may afterwards pro∣pose two or three of the most Capable, to the Pa∣trons of the Cures which shall be vacant, for them to chuse, and present to the Bishop the Person which shall be most agreeable to them.

I am sensible that this Expedient takes off some∣thing of the Liberty Patrons enjoy in France at present; but since in restraining it, it nevertheless leaves it them, and hinders incapable Persons from being put into Cures, it ought to be receiv'd; and that the more willingly, in my Opinion, since that in redressing the Evil which arises from the Presentations to Cures, if the Order of the Council be observ'd, it will also redress those that are caus'd by the facility wherewith the Archbishops often re∣ceives the Priests, whom their Suffragans have Page  93 refus'd; in that as the Council's Orders, that the Examiners, propos'd by it, to be the Judges of the Capacity of those that are to be nam'd for Cures, shall be oblig'd to give an account of their Pro∣ceedings to the Provincial Councils; so it will not allow the Archbishops to pass by their Judg∣ment, without so just a Cause, that no body may disapprove it.

SECT. VIII.

AFter such just Regulations, as are above mentioned, it will suit with your Majesty's Piety to Authorize the Reformation of Monaste∣ries as much as is possible.

I am very sensible, that many Considerations may give cause to fear, that those which have been made in our Days, are not so austere in their Pro∣gress, as in their Beginning; but yet it is very necessary to mind, and to favour them; since Good does not change its Nature in not being lasting, but still remains good; and that he who does what he can with Prudence for a good End, performs his Duty, and answers what God expects from his Care.

It is true, that I ever was of Opinion, and am so still, That it were better to establish moderate Re∣formations, in the Observation of which, both Bo∣dies and Minds may subsist with some ease, than to undertake such austere ones, that the strongest Bodies will hardly be able to bear the Rigour of them. Temperate things are commonly con∣stant Page  94 and lasting; but it requires an extraordinary Grace to make that subsist, which seems to force Nature.

It is also observable, That the Reformations of Religious Houses in this Kingdom, must be diffe∣rent from those of other States, which being free of Heresies, require rather a profound Humility, and an exemplary Simplicity in the Members thereof, than Doctrine, which is altogether neces∣sary in this Kingdom, in which the Ignorance of the most Vertuous Monks in the World may prove as prejudicial to some Souls who stand in need of their Learning, as their Zeal and Vertue are use∣ful to others, and to themselves.

I must needs say by the bye on this Subject, That as to what relates particularly to the Refor∣mation of the Monasteries of Women, to restore the Elections, and particularly the Triennial, instead of the King's Nomination, is not always an infal∣lible Expedient.

The Brigues and Factions which reign some∣times amidst the Weakness of that Sex, often rise to that degree, that they are not supportable, and I have seen your Majesty oblig'd twice to alter it, in places where you had setled it, to restore Things to their former state.

As it behoves your Majesty's Piety to labour about the Regulation of ancient Monasteries, so it behoves your Prudence to put a stop to the progress of the over-great number of new Monasteries which are daily establish'd.

In order whereunto, it is necessary to despise the Opinion of certain Persons, as Weak as De∣vout, and more Zealous than Prudent; who often Page  95 fansie, that the Salvation of Souls, and the Safety of the State, depends on that which is prejudicial to both.

As none but such as are wicked or blind, can be insensible or disown, that Religious Houses are not only very useful, but also necessary; so none but those who have an indiscreet Zeal can be igno∣rant, that the excess of them is inconvenient, and that it might come to such a point as would be ruinous.

That which is done for the State being done for God, who is the Basis and Foundation of it; to Reform the Houses that are already establish'd, and to put a stop to the excess of new Establishments, are two Works very agreeable to GOD, who loves Rule in all things.

SECT. IX.

THe Order which God requires in all things, gives me an occasion to represent to your Majesty, in this place, That as Princes are oblig'd to acknowledge the Authority of the Church, to submit to their Holy Decrees, and to pay an entire Obedience to the same, in what relates to the Spi∣ritual Power which God hath placed in her hands for the Salvation of Mankind; and that as it is their Duty to maintain the Honour of the Popes, as Successors of St. Peter, and Vicars of Jesus Christ; so they ought not to yield to their Attempts, when they endeavour to extend their Power beyond its Bounds.

Page  96As Kings are oblig'd to respect the Thiara of the Soveraign Pontifs, the same Obligation lies upon them to preserve the Power of their Crown.

This Truth is acknowledged by all Theolo∣gians; but it is very difficult to distinguish the Extent and Subordination of these two Powers aright.

In such a matter, Princes are neither to credit the Gentlemen of the Long Robe, who common∣ly measure the King's by the Form of his Crown, which being round, has no end; nor those who by the excess of an indiscreet Zeal, declare them∣selves openly in favour of Rome.

Reason advises us to hear both the one and the other, in order afterwards to resolve the Difficul∣ty by Persons of so much Learning, that they may not be liable to mistake through Ignorance; and so sincere, that neither the Interests of the State, nor those of Rome, may prevail with them against Reason.

I may declare with Truth, That I have ever found the Doctors of the University of Paris, and the most Learned Monks of all Orders, so reaso∣nable on this Subject, that I have never observ'd the least Weakness in them, that could hinder them from defending the just Rights of this King∣dom; neither have I ever observ'd any excess of Affection in them for their Native Country, which could induce them, contrary to the true Sentiments of Religion, to diminish those of the Church to augment the others.

In such Cases, the Opinion of our Fathers must be of great Weight; the most famous and most impartial Historians and Authors, who have writ∣ten Page  97 in all Ages, must be carefully consulted on those Occasions, in which nothing can be more dangerous than Weakness or Ignorance.

SECT. X.

HAving represented, that Ignorance is some∣times prejudicial to the State; I am now to speak of the Necessity of Learning, one of the greatest Ornaments of States, this being the most proper place for it, since the Empire of it is justly due to the Church, by reason that all sorts of Truths have a natural Relation to the first, the Sa∣cred Mysteries of which, Eternal Wisdom has been pleas'd to make the Ecclesiastical Order Deposito∣ries of.

As the Knowledge of Letters is absolutely ne∣cessary in a Commonwealth, it is certain, that they ought not to be taught without distinction to every body.

As a Body having Eyes in all its Parts, would be monstrous; a State would be the same, if all the Inhabitants thereof were Learned; we should find as little Obedience in it, as Pride and Presumption would be common.

The Commerce of Letters would absolutely ba∣nish that of Trade, which enriches Nations; would ruine Husbandry, the true Mother of the People; and would soon destroy the Nursery of Souldiers, which encreases more in the Rudeness of Ignorance, than in the Politeness of Sciences: Finally, it would Page  98 fill France with Litigious Persons, more proper to ruine private Families, and to disturb publick Peace, than to do the State any good.

If Learning were prophan'd to all sorts of Minds, we should see more Persons capable to form Doubts, than to resolve them; and many would be fitter to oppose Truths, than to defend them.

'Tis this Consideration which induces Politici∣ans to say, that a well regulated State requires more Masters of Mechanick Arts, than Masters of Liberal Arts to teach Letters.

I have often heard Cardinal du Perron, for the same Reason, earnestly wish the Suppression of part of the Colledges of this Kingdom; he was de∣sirous to have four or five famous ones establish'd in Paris, and two in every Metropolitan City of the Provinces.

He added to all the Considerations I have urg'd, that it was impossible to find a sufficient number of Learned Men in every Age to supply a great number of Colledges; whereas being contented with a moderate number, they might be fill'd with worthy Persons, who would preserve the Fire of the Temple in its Purity, and would transmit by an uninterrupted Succession the Sciences in their Perfection.

I cannot forbear thinking, when I consider the great number of Men who profess the Teaching of Letters, and the multitude of Children that are instructed, that I see an infinite number of Sick People, who only aiming to drink pure and clear Water for their Cure, are press'd with such a dis∣orderly Drought, that receiving without distincti∣on all those that are presented to them, the major Page  99 part drink such as are impure, and often out of payson'd Cups; which encreases their Drought and their Distemper, instead of easing either.

In fine, this great number of Colledges, indif∣ferently establish'd in all places, produces two Evils; the one, by the mean Capacity of those that are oblig'd to Teach, there not being a suffi∣cient number of eminent Persons to fill the Pul∣pits; the other, by the want of natural Dispositi∣on in those whose Fathers oblige them to study, by reason of the Conveniences of it, without ex∣amining their Capacity; which is the reason, that most of those that study have only a mean Tin∣cture of Learning; some for want of more Capa∣city, others for not being well instructed.

Tho' this Evil is of great consequence, the Re∣medy is easie, since it only requires to reduce all the Colledges of such places as are no Metropoli∣tans to two or three Classis, sufficient to free the Youth from gross Ignorance, prejudicial even to those who design to follow Arms, or to spend their Lives in Trading.

By that means, before Children are determin'd to any Condition, two or three Years will disco∣ver the Capacity of their Minds▪ after which, those that have a good Genius, being sent to great Cities, will succeed the better in their Learning, both upon that account, and by their being instru∣cted by ab•er Masters.

Having thus provided against this Evil, which is much greater than it seems to be, we must also provide against another into which France would infallibly fall, if all the Colledges that are esta∣blish'd were in one Hand.

Page  100The Universities pretend, that a great deal of wrong is done them, in not leaving them ex∣clusively from all others the faculty of Teaching Youth.

The Jesuits on the other hand would not be dis∣pleas'd, perhaps, of being the only Persons im∣ploy'd in that Function.

Reason, which ought to decide all sorts of Dif∣ferences, does not permit the frustrating of an an∣cient Possessor, of what he possesses with a just Ti∣tle: And Publick Interest cannot suffer a Society, not only recommendable by their Piety, but fa∣mous for their Learning, as the Jesuits are, to be depriv'd of a Function, which they are able to per∣form with great Advantage for the Publick.

If the Universities should teach alone, there would be cause to fear they would in time resume their former Pride, which might prove as preju∣dicial for the future as it has been heretofore.

If on the other hand the Jesuits had no Compa∣nions in the instructing of Youth, besides that the like Inconvenience might be fear'd, there would be moreover a just subject to fear many others.

A Society which is govern'd, more than any ever was, by the Laws of Prudence; and which, devoting it self to God, without depriving them∣selves of the knowledge of the things of this World, lives in so perfect a Correspondence, that the same Spirit seems to animate the whole Body: A Society, which by a blind Vow of Obedience is submitted to a perpetual Chief, cannot, according to the Laws of Sound Policy, be much Authoriz'd in a State, in which a powerful Community must be formidable.

Page  101If it be true, as it is most certain, that Men have a natural Inclination to advance those they have receiv'd their first Instructions from; and that Parents have always a particular Affection for those who have educated their Children. It is also true, that the absolute Education of Youth cannot be committed to the Jesuits, without be∣ing expos'd to give them a Power, which would be the more obnoxius to States, in that all the Places and Honours which give the management thereof, would be fill'd by their Disciples; and that those who take an Ascendant early over the Mind sometimes retain it during their whole Life.

If we add, that the Administration of the Sa∣crament of Penance gives that Society a second Au∣thority over all sorts of Persons, which is of no less weight than the first: If we consider, that by those two ways they penetrate into the most secret Motions of Hearts and Families, it will be im∣possible not to conclude, that it is not fit to leave them the said Ministry alone, without Competitors.

Those Reasons have been so powerful in all States, that we have no Example of any hitherto, who have been willing to yield the Empire of Let∣ters, and the absolute Education of their Youth to that Society alone.

If that Society, good and harmless in it self, created so much Jealousie in the Arch-Duke Albert, one of the most pious Princes of the House of Au∣stria, who only acted according to the Motions of the Council of Spain, that he thought fit to exclude them out of certain Universities, in which they were actually settled, and to oppose the new Settlements they design'd in Flanders.

Page  102If they have behav'd themselves so, as to induce some Republicks to remove them absolutely out of their Dominions, tho' with too much Rigour, it is the least that can be done in this Kingdom, to give them some Check, seeing not only that they are submitted to a Foreign and Perpetual Chief, but moreover, subject and at the Devotion of Princes, who seem to desire nothing more, than to humble and ruine this Crown.

As in point of Faith all the Catholick States of the World have but one Doctrine; in that which does not relate to it, there are many who differ, from whence the Source of their Fundamental Maxims is often deriv'd; for which reason, stand∣ing in need of some Theologians, who may on certain occasions couragiously defend the Opinions, which have been always receiv'd there; and pre∣serv'd by an uninterrupted Transmission, they re∣quire some free from any Ingagement with any suspected Powers, having no dependance to de∣prive them of Liberty in things, in which Faith allows it to all the World.

History informs us, that the Order of St. Benedict was formerly so absolutely Master of the Schools, that no body was taught in any other places, and that it decay'd so absolutely in point of Sci∣ence and of Piety together in the Tenth Century of the Church, that it was call'd Unhappy upon that account. It also informs us, that the Domini∣cans have afterwards enjoy'd the same Advantages which those good Fathers were first possess'd of; and that Time has depriv'd them of it like the others, to the great prejudice of the Church, which happen'd to be infected at that time with Page  103 many Heresies: It also informs us by the same means, that Letters are like passing Birds, which do not always remain in the same Country. And therefore Policy requires the preventing of the said Inconvenience, which being come to pass twice, is with Reason to be fear'd a third time; and which probably will not happen, if that Society has Companions in the Possession of Letters.

All Parties are dangerous in point of Doctrine; and nothing can be more easie, than to form one under pretence of Piety, when a Society thinks it self oblig'd to it by the Interest of their Subsi∣stance.

The History of Pope Benedict the 11th, against whom the Cordeliers, nettled upon the account of the Perfection of Poverty, viz. of the Revenue of St. Francis, were animated to that degree, that they did not only declare open War against him by their Books, but moreover by the Empe∣rour's Arms; by favour of which an Anti-pope arose, to the great prejudice of the Church, is too great an Example to require any thing more to be said upon that subject.

The more Societies adhere to their Chief or Su∣periour, the more they are to be fear'd, particu∣larly by those to whom they are not favourable.

Since then Prudence obliges not only to oppose whatever may be prejudicial to the State, but also to prevent whatever might contribute thereunto; since the Power of so doing often creates a Desire so to do.

Since also the Weakness of Humane Nature re∣quires a Counterpoise in all things, and that it is the Foundation of Justice; it is more reasonable, Page  104 that the Universities and the Jesuits should Teach in Emulation of one another, to the end that the said Emulation may whet their Vertue, and that Sciences may the better flourish, and be certain in the State, in that being deposited into the Hands of Two Guardians, if the one should chance to lose this sacred Pledge, it may be found among the others.

SECT. XI.

WHereas it would be prejudicial to a State, if Men of all Capacities should apply themselves to the Sudy of Letters, it is to be wish'd that Men of Sense may be encourag'd in it. Your Majesty cannot do a more useful thing to that end, than to put a stop to the Abuses which are com∣mitted in the Distribution of Benefices, which ought to be reserv'd for those to whom they are due, as a Reward of their Labours.

None but such as are Enemies to Learning and Vertue can question that Right. The Council of Basle*, and the Concordate which pass'd afterwards at the Council of Lateran, between Leo X. and Francis I. have setled it too clearly, for any one to have such a Thought; But yet, at the same time, Men must be void of Justice and Reason, not to be desirous Page  105 to correct the Abuses of the same; which are so great by fraudulent Permutations, by suppos'd Resignations, by the Artifice of Patrons, and by the Authority of the Indulta∣ries, who are more powerful than the Graduates, and by the Industry of those who are only in∣debted to their Purse for their Degrees; that the said Priviledge is so far from being the Reward of Vertue at present, that it is only the Recompence of the Craft and Villany of those, who being ig∣norant of Letters, are only learned in Liti∣giousness.

The true Remedy to that Evil, is to prefer, conformably to the Holy Canons, Doctors and Batchelors in Divinity, to all those who have the same Degrees in other Faculties.

That among Theologians equal in Degrees, those who have preach'd the Word of God, or Theology longest, be provided before the others.

That Doctors and Batchelors at Law may have the same Advantage over such as are only Ma∣sters of Arts; and that among the last, those who have been longest Regents, be preferr'd first.

That none be allow'd to take out his Letters for the Mastership of Arts, nor his Degrees in Civil or Canon Law, but in the Universities where he has studied.

That none of the said Letters be granted to any, but such as have actually made an entire Course of Philosophy; nor any Degrees in Civil or Ca∣non Law, but to such as have studied for the space of Three whole Years in Law-Schools, and 〈1 page duplicate〉Page  104〈1 page duplicate〉Page  105Page  106 have made their Exercises publickly, with the In∣tervals requir'd.

In case this Order be carefully observ'd, the Merit of Letters will certainly be rewarded; and Ignorance will no longer be protected by it, and receive what is only due to Learning.

If, in the next place, your Majesty will be pleas'd to free those, who shall make themselves famous for Learning, from the Persecution of the Indus∣taries, it will encourage many to redouble their Labour, in order to receive the deserv'd Reward of the same.

SECT. XII.

THE Right of Indult being deriv'd from a Bull of Pope Eugene†, which is not to be found; if it should be exa∣min'd with rigour, we would find that the Foundation of it is not solid; since, according to Reason, such things as cannot be prov'd, ought to be put in the same Classis with those that are not.

I am sensible, that Paul III. being willing to ob∣lige the Presidents and Counsellors of the Parlia∣ment of Paris†, who did op∣pose the Concordates, gave them a Power of Nomination to Regular and Secular Benefices. I am also sen∣sible, that the Chancellor of France, as President of the said Parliament, receiv'd the same Privilege Page  107 by the same Bull: But if we consider that the said Bull is grounded on that of his Predecessor, which is not to be found; that Consideration will have no force, since Lawyers inform us clearly, That a Re∣ference can have no force, un∣less the thing referr'd unto, is clear and evident *.

The less the Foundation of that Privilege is cer∣tain, the more the Abuses which are committed in it, are insupportable.

Notwithstanding the said Right is Personal; that is, Though it was only granted to the Person of the Officers, specified by the Bull of Pope Paul. III. it passes now to the Widow, and to the Heirs, as a Temporal Heritage: And tho' the said Favour was only granted them, in order lawfully to grati∣fie either their Children, or some of their Relati∣ons or Friends, capable of the Benefices to which they should be Nominated; they often, contrary to Divine and Human Laws, constrain those who ob∣tain Benefices by virtue of their Indults, to resign them to whomsoever they think fit; abusing the said Priviledge to that degree, that often those who will not hold them in Commendam, can only avoid that Crime, by committing another, which makes them guilty of Simony before God.

The Weakness of the Foundation of the said Grant, and the Number * of Abuses committed by virtue thereof, might lawfully induce your Majesty to abolish it; which would be the easier, in that it would be suf∣ficient in order thereunto, to refuse the Indultaries their Letters of Nomination, without which, they Page  108 can pretend to no Benefices: But Experience teaching us, That an accustom'd Evil is often more supportable than a Good, the novelty of which is vexatious; it will be sufficient for your Majesty to make so good a Regulation, that those who are to enjoy the Benefit of the said Grants, may not be able to make an ill Use of the same, as they have done heretofore.

If you hinder the same Officer from having his Nomination upon several Benefices: If you order those that shall be presented by him to be Nomina∣ted, not to be admitted before a good Examina∣tion, according to the Ordinances, without Fa∣vour.

If you make an Order, that the Letters of their Nomination shall express positively, That the Benefices to which they are Nominated, shall be really for them: That it shall not be allow'd for them to be constrain'd to resign them to any body; and that if it be discover'd that if they lend their Names to any to possess the said Benefices in Commendam, they shall not only be made inca∣pable of ever possessing any Benefices for such a Crime, but moreover be liable to Punishment.

If, in the next place, you are pleas'd to order the said Right, which is only Personal, from be∣ing transmitted to Heirs; the Observation of such a Regulation, will produce this effect, That your Officers not being depriv'd of the Favour your Pre∣decessors have obtain'd for them, Learned Men will receive a great Advantage under your Reign, and will be deliver'd of the great Vexation they receive from them.

Page  109You might also refuse to allow your Offi∣cers, after having Nominated a Man to an In∣dult, to substitute another in his room, in case he should die before it be fill'd.