But to prevent any abuse, that possibly may hereafter arise, and to keep religious orders in due subjection and subordination to their ordinaries, after having examined, with all diligence, the complaints that at different times have been made by the bishops, concerning the attempts of the Jesuits, and of other religious, contrary to the rights of pastors and the episcopal jurisdiction, we have agreed on the following regulations, grounded on the canon law and the discipline of the Gallican church.
1. That the Jesuits and all other religious, who pretend to be exempted from the jurisdiction of their bishops, and to hold an immediate dependence on the see apostolic, shall not be allowed to preach or confess in our dioceses, {358} without having been examined by the bishop, or his vicars, or others, whom he may appoint for that purpose, and without being approved by him; which approbation he may limit or revoke, as he shall think fit.
2. That they shall not be permitted to receive children to their first communion, though they be their own scholars, without the consent of the curate or bishop of the diocese; and, during the fifteen days of Easter, they shall not hear any annual confessions without their permission.
3. That they shall send all their penitents, even their own scholars and pensioners, to receive the paschal communion in the parish church, unless they have a dispensation from the curate or bishop.
4. That they shall not confess any person that is in danger of death without advertising the curate thereof.
5. That in the missionary excursions, which they make with our consent, they shall take care that the curates be not defrauded of their dues.
6. That they shall not admit any priest, whether secular or regular, though otherwise approved, to a.s.sist them in the labour of their missions, without the express consent of the bishop.
7. In their lessons of divinity, whether public or private, they shall teach the four propositions of the French clergy, a.s.sembled 1682; and, as often as the bishop of the diocese or the archbishop shall require it, they shall be bound to let them see their books or lectures of philosophy, or of moral or scholastic divinity, which they make use of in their seminaries or other houses where they teach, either in public or private.
8. They shall not publicly defend any theses, {359} without having them first examined and approved by the bishop.
9. Whenever it shall seem good to the bishop, he shall be allowed to see and examine the books they make use of for the instruction of their own colleges or other houses.
10. In teaching the rudiments of the Christian religion, they shall use the catechism of the diocese where they live. In one word, the bishops shall have full inspection and superintendence over all their instructions, whether public or private.
11. They shall not gather any congregation, or set on foot any confraternity or retreat, without the consent of the bishop, who is to judge whether the faithful may not thereby be hindered from duly frequenting their parish churches, a thing so earnestly recommended by the sacred canons.
12. These congregations shall never be allowed to meet at the hours when the office or divine service is performed in the parish church; and the bishop shall regulate these meetings as he shall judge most expedient for the advancement of piety and religion in his diocese; and, when he shall think fit, may repeal any such licence before granted.
13. They shall not be allowed to publish any indulgence without having it first examined and approved by the bishop. By all which we do not intend any way to derogate from any other rights, which the French clergy may have over the Jesuits or other regulars.
14. In the exercise of the different duties of their calling they shall not encroach upon the rights of chapters, curates, universities, or any body of men, who are permitted to teach in this kingdom. {360}
We are sensible of the great advantages that must attend the due execution of these regulations, for the maintaining of true faith and morality, for preserving the liberties of the Gallican church, and securing to bishops, chapters, universities, and to all orders of men, the invaluable possession of their rights and privileges; for which reason we humbly implore your majesty"s authority and protection, which alone can give them due sanction and stability, to the end that all your subjects may teach one and the same doctrine, and, by a due subordination of all the parts, may contribute to the good order, peace, and well being both of church and state.
ARTICLE IV. "Whether it may not be convenient to moderate and set bounds to the authority which the general of the Jesuits exercises in France."
We have examined the Jesuits" inst.i.tute with the greatest care and attention, as to what concerns the authority of the general, or the obligation of obedience in the subjects; and have the honour to a.s.sure your majesty, that we have found these as much limited and restrained by the Jesuits" rule as by that of any other order. For instance; parte vi, Declarat Const.i.tut. tom. i, p. 408, it is said, _Let our obedience be always most perfect, as well in the execution as in our will and judgment, performing all that is commanded with the greatest alacrity, spiritual joy, and perseverance; persuading ourselves, that all is right which is commanded; denying and rejecting, by_ a kind of blind obedience, _any private judgment or opinion of our own to the contrary. And thus we are to behave with regard to whatever our superior may command, when_ {361} _it does not appear to be any way sinful, as has been elsewhere observed by us._
Hence it plainly appears, that the Jesuits are never bound to obey their general"s orders, when, by obeying him, they would be found guilty of the least sin at G.o.d"s tribunal. We find, that most other religious orders, according to the stile of their rule, profess obedience to all their superiors" commands, which are not repugnant to faith or morality. But what danger can be apprehended, either to the church or state, from that obedience, which is not sinful on any account, which is neither prejudicial to religion nor hurtful to the rights or properties of any of your majesty"s subjects? We may add, that this rule of obedience doth not particularly concern the general, but equally regards all other subordinate superiors, who, by virtue of their subjects" vow, have equal claim to their obedience: whence it also appears, that St. Ignatius did not think fit to vest the general with any other authority over the whole society than that which the superior of every religious community ought to have over his subjects.
Those expressions, _that they are to abandon themselves to the disposition of their superior, as if they were a dead body_, &c. cannot give offence to any but such as are strangers to the language of the ascetick writers, and who are not able to form an idea of any perfection or Christian accomplishment, that doth not suit with their own state and condition. We should never end were we to lay before your majesty what we find in the fathers and masters of a spiritual life, or in the rules of other religious orders, concerning this article of obedience; it may suffice to observe, that they all make use of the {362} like or even harder expressions; all propose the same examples and comparisons, or others to the same purpose.
But, after all, it is evident, by the fundamental law and const.i.tution of the society, that a general congregation has a far greater power and authority over the general than he can pretend to over the society. The same general a.s.sembly, or representative body of the order, which creates him general, names also and appoints his a.s.sistants, who have a watchful eye upon his behaviour, and, when they observe any great fault in his conduct, or defect in his administration, are bound by oath to inform against him, and to denounce him to the society; and if the case be notorious and scandalous, or if there be danger in delay, the provincials or superiors of provinces may convene themselves without waiting for the summons or writs[122] from the a.s.sistants, and immediately proceed to the arraignment, trial, and deposition of the general[123], {363} whom also, if they judge it necessary, they may dismiss and eject out of the society.
There is not, perhaps, to be found a general of any other religious body, who has so absolute and perpetual a dependence on his order; it being well known, that the general of the Jesuits has not power to dispose of the least thing in his own behalf or to his private advantage, nor can so much as command any other diet or apparel, than that which is a.s.signed him by the society[124].
It is true, indeed, that the general alone can dispose of all the places and employments of the order, but this he cannot do without taking the advice of his counsel[125]; and nothing, perhaps, discovers the wisdom of St. Ignatius more than his having left all places of trust in his order to the free disposal of the general, by which means he has secured the subjects from that partiality and injustice which might be apprehended from their immediate and subaltern superiors, who, by the intercession and solicitation of friends, relations, or benefactors, are too often prevailed upon to prefer persons of little merit to others more deserving. He has effectually banished from his order all intrigues and cabals for the gaining of preferment, evils which are not easily guarded against, and are {364} often the cause of fatal divisions in communities, of scandalous law-suits, of jealousies, hatred, and the entire subversion of union, charity, and the primitive spirit of the order. St. Ignatius has, with great judgment, provided against this disorder, and secured the peace and regularity of the whole body, by stripping all the places of preferment in this society of those temporal advantages, which are commonly annexed to them in other orders, whence the most ambitious person amongst them will hardly think it worth his while to make interest for a place, which carries with it no natural allurement of ease or convenience, and has little else but the empty name of superiority to recommend it.
In an order, that was to be wholly devoted to the service of the public, it was necessary, that such a plan of government should be established as should leave no room for subjects to doubt, but that all the places and employments were given to persons the most deserving, and, according to the best rules of human prudence, the most capable of filling them to advantage. This a.s.surance frees them from all anxiety and solicitude concerning the dispositions of superiors, either with regard to themselves or others, and they have no other concern but to comply faithfully with the duties of their inst.i.tute, to perfect themselves and benefit their neighbour in that employment, which is a.s.signed them by their superior, whose orders and appointment they respectfully embrace as the disposition of Divine Providence.
With regard to the authority of the general over the temporalities of the order, we find[126], that he has power {365} to make all kinds of contracts in behalf of the colleges and houses of the society, though he is not allowed to convert any thing to his own private use or advantage[127]. He cannot transfer the revenues of one college to another, nor a.s.sign any part of them for the maintenance of _Profest Houses_[128], which are not to have any rents, but are entirely to subsist upon charity. The donations, which are made to the body, without being a.s.signed to any determinate use, are at the general"s disposal[129], who may sell them, and annex them to any house, as he shall judge most expedient for promoting G.o.d" honour and the good {366} of religion; but with this caution, that, when such donations are made by persons who enter into the society, they be not alienated from the province[130], unless, perhaps, the great distress of some house in another province should call for immediate relief. And, with regard to places that are subject to the dominion of different princes, the general is not allowed to make any such translation of property from one territory to another, without their consent[131], but he can never appropriate to his own use, or make over to his relations, any part of that which is given to the society, without incurring certain danger of being deposed from his office[132]. Hence it is plain, that the {367} general is no more than a kind of steward and administrator of the goods and possessions belonging to the society, the property whereof is wholly vested in the colleges and other houses.
It doth not appear to us, that this manner of administration can be any way prejudical to the colleges of the order; neither can it with reason give umbrage to the state, or cause any distrust in the government, their general having no power to dispose of the possessions belonging to the colleges in your majesty"s dominions, contrary to the laws and established customs of your kingdom; nor can it be supposed, that such an attempt would ever escape the vigilance of our magistrates, the faithful depositaries of your majesty"s authority.
But it may appear dangerous to some, that so many thousands of your majesty"s subjects should have a dependence upon one man, and be engaged to a foreigner by motives of conscience and inclination; and it may seem, that, in times of trouble and intestine divisions, the danger is still more to be apprehended. In answer to this objection we beg leave to observe, that, in your majesty"s dominions, there are other religious orders far more numerous than the Jesuits, and who, by their vow of obedience, have no less dependence on their foreign generals; whence it is highly unreasonable, that the Jesuits should be marked out as the only object of our fears and jealousies on that account: to say the truth, there is no society or body of men in the nation, who may not give trouble to the state, and some cause of fear, {368} should they deviate from their duty, or forget the obedience due to their lawful superiors. Are we then immediately to suppress all these most serviceable corporations, and deprive ourselves of that which is a real good and advantage to the whole kingdom, for the apprehension of a remote and imaginary evil? The Jesuits certainly are not less bound by your majesty"s laws than the rest of your subjects; and, if from things past we may be allowed to form a judgment of their future behaviour, we have little or no reason to fear any disturbance from that quarter. It is well known, that, in the year 1681, during our disputes with Rome concerning benefices, the pope"s briefs were conveyed into the hands of the Jesuits in France, with express orders, both from his holiness and from their general, to disperse them immediately about the kingdom; but they, without much deliberation, on the 20th of June, produced the packet in open court, and, by their candid behaviour in that critical conjuncture, deserved that remarkable compliment from the first president, M. de Novion, _that it was lucky those papers had fallen into the hands of persons of their prudence and discretion: that they had too good heads to be imposed upon, and hearts too loyal to be corrupted_[133]. We are also a.s.sured by the general advocate, Talon, _that no one could reasonably tax the Jesuits, whose behaviour on that occasion was fully justified by the bitter reproach and severe reprimand they afterwards underwent, both from the pope and their own general_[134]. This one short pa.s.sage of our history may convince us, {369} more effectually than all the reasonings in the world, that the Jesuits, according to their rules, do not profess any other obedience to their general than is consistent with their duty towards their king and country.
We are moreover convinced, that this obedience of the Jesuits to their general, as prescribed by their rule, and their fourth vow, by which they cannot be fully bound to the order till they have attained the age of thirty-three, are the two essential principles, and, as it were, the foundation stones, on which the whole edifice of their const.i.tution is raised: these cannot be changed without overthrowing the whole building; neither can any alteration be made in them without forming a new const.i.tution, very different from that to which the Jesuits have bound themselves by vow. These two fundamental articles discover to us the extraordinary wisdom of their founder, who, with great judgment and forecast, has thus provided against the growth of any dangerous irregularity in the order, and secured such a constant tenor of government, as was necessary to qualify the religious subjects for the great duties of their calling.
It was, doubtless, for these reasons, that the council of Trent so highly commended and approved of this inst.i.tute: that the late pope, Benedict XIV, in the bull _Devotum_, anno 1746, called them most wise laws and inst.i.tutions, _ex praescripto sapientissimarum legum et const.i.tutionum_, &c.: that the clergy of France, anno 1574, stiled them _good and sound regulations_: lastly, that the great Bossuet a.s.sures us, that in this _rule he discovered numberless strokes of consummate wisdom_[135]. Which {370} testimonies are greatly confirmed by the example of those other religious orders, which have sprung up in the church since the first establishment of the Jesuits, whose founders have framed good part of their rule after the model of this inst.i.tute.
All which things considered, we are of opinion, that no alteration can be made in the Jesuits" rule, with regard to the power and authority of the general. And your majesty will give us leave to observe, that, if it were expedient to make such a reform, it would neither be agreeable to the ecclesiastical law, nor to the avowed practice of all ages, nor in particular to the discipline of the church of France and the established maxims of your courts of parliament, to undertake an affair of this nature without the concurrence and joint consent of his holiness the supreme pastor of the church, of the bishops of France, and of a general congregation of the Jesuits: we might add, without the consent of all the professed Jesuits, as such an alteration in their dependence on their general would affect the very vitals of the order, and change the whole const.i.tution.
For these one hundred and fifty years, our history affords one only instance (of 1681) in which this authority of their general might have been any way prejudicial to the state; and if, on that occasion, the loyalty of the French Jesuits underwent a very severe trial, it had no other effect than to convince the whole kingdom how well they deserved that honourable testimony of your parliament, that their prudence guarded them against all surprise, and their loyalty against corruption.
But nothing, perhaps, can be of greater weight in this matter than the judgment of your majesty"s royal {371} predecessor Henry IV, of glorious memory[136], who, in the midst of all his troubles, when the kingdom was in the greatest ferment, and he beset by persons, who spared no pains to instil into his mind the greatest distrust of the Jesuits, desired no other security for their good behaviour than this alone, that he might have one of that body ever near his person in quality of preacher to his majesty, and that a French a.s.sistant should be established with the general at Rome.
Your majesty is still possessed of the same security; and, since we are taught by the experience of a hundred and fifty years, that this is abundantly sufficient for the purpose, there can be no need of any farther caution or new regulation; especially as the Jesuits, in the late declaration, which they had the honour to present your majesty, have a.s.sured us in the most express terms, that, if their general was to require any thing of them contrary to the laws of your kingdom or to the obedience and respect due to your majesty, they neither could nor would pay any regard to such commands; and that their vow of obedience, as it is explained in their rule, doth no way bind them to such a compliance. This so peremptory declaration of the Jesuits, and the wise dispositions of the edict in 1603, leave no room to apprehend any danger from the general"s abusing his authority to the prejudice of your majesty"s kingdom. We are, &c.
The cardinal DE LUYNES.
------------ DE GESVRES.
------------ DE ROHAN.
The archbp. of CAMBRAY.
-------------- REIMS.
-------------- NARBONNE.
{372} -------------- EMBRUN.
-------------- AUSCH.
-------------- BOURDEAUX.
-------------- ARLES.
-------------- TOULOUSE.
The bishop of LANGRES.
------------ MANS.
------------ VALENCE.
------------ MACON.
------------ BAYEUX.
------------ AMIENS.
------------ NOYON.
------------ S. PAPOUL.
------------ COMMINGES.
------------ S. MALO.
------------ DIE.
------------ APOLLONIE.
------------ S. PAUL-DE-LEON.
------------ CHARTRES.
------------ RHODEZ.
------------ SARLAT.
------------ ORLEANS.
------------ MEAUX.
------------ ARRAS.
------------ BLOIS.
------------ METZ.
------------ ANGOULEME.
------------ VERDUN.