THis present day the King's Attorney-General came into the Court of Parliament, and alledged, that the Report being publickly spread up and down, That the Pope had enjoyned the General of the Jesuits, to direct to the Provincials of Paris and Tholouse au­thentical Copies of the Brief issued out by his Holiness, on the first day of this present year, together with a more parti­cular Injunction to him of Tholouse, to publish it, and to ob­lige those of that Society, to affirm the Reality of the said Brief, contrary to the Opinion, which we were desirous that men should still have had of it; As also that the General of the Jesuits having written to those Provincials, pursuantly to that Precept of the Pope, had sent to him of Tholouse an Au­thentical Expedition of that Brief, with an Order that it might be communicated to that of Paris: This new Method and Invention of publishing Bulls and Briefs in the Kingdom, con­trary to the Forms which had been observed to this present time; as well in this as the neighbouring Countreys, seem'd to be of so great consequence, that he accounted it his duty to inform the Court of it, to the end, that if that Report prov'd to be true, they might be pleas'd to obstruct the esta­blishment of an Innovation, the Consequences whereof might be so dangerous, and particularly at such a time, when such [Page 2]extraordinary Briefs are seen to come abroad. But represent­ing withal, that the Prudence and Justice of the Court of Parlement, not permitting him to act upon uncertain grounds, it was his humble Request to them, that they would be plea­sed, considering the absence of the Provincial, to summon in the Superiour of the Profess'd House, the Rectors of the Col­ledge, and of the Noviciat of the Jesuits, and the Procurator of the Province of Paris, to give an account to the said Court of Parlement, in the presence of him the Attorney-General, and his Collegues, of what they know concern­ing that Report, that the Court may proceed therein, upon the Conclusions which they should take, after they have been more particularly inform'd by that means.

The said Attorney-General having with-drawn, and the Matter being taken into Deliberation, it was resolv'd, that the Superiour of the Profess'd House of the Jesuits, the Rectors of the Colledge, and the Noviciat, and the Procurator of the Province of Paris should be summon'd to appear in Court, on Friday at seven in the Morning, that they might be heard in the presence of the King's Council, and give an Account of what they knew of the said Brief of January 1. 1681. and of the Orders which the Provincial receiv'd from the Gene­ral upon that occasion. And that done, that such Order be taken therein, upon the Conclusions of his Majesties Coun­cil, as shall be requisite.

THis day the King's Council came into Court, and gave notice, that Father de Verthamont, Superiour of the Pro­fess'd House of the Jesuits, of this City of Paris, the Fathers Deschamps, and Dozaine, Rectors of the Colledge, and of the [Page 3] Noviciat, and Father Pallu, Procurator of the Province of France, were attending in the Lobby, in order to their recei­ving the pleasure of the Court, according to the Resolve of the 18th. of that Month: Whereupon the said Father-Jesuit, being brought into the presence of the King's Council, Men­sieur the first President thus spoke to them:

This Court hath summon'd you to appear here, upon the Advertisement given to us, that your General hath not long since sent into France, by the Pope's Order, to some of your Provincials, a pretended Brief, in order to the publishing of it. This kind of procedure, quite opposite to the Orders of the Kingdom, has always been disallow'd with Reproach against its Authors, as often as they have attempted to put it in practice. It is a strange thing that a Prince, who has not ceas'd conquering, till such time as he was pleas'd to do so, and who has given Peace to Europe cannot enjoy it himself, and that he is not disturbed therein, but by the principal Ministers of Truth, while he expends his Cares and Treasures for the Destruction of Heresie: But it is a Happi­ness, that this Pacquet is fallen into Hands so reserv'd as yours: We do not surprize your Wisdom, nor do we corrupt your Fidelity. The Court desires of you, that you would make it a Relation of what has pass'd upon this occasion.

Father Verthamont acknowledg'd, that their Provincial had receiv'd a Letter from their General of the 23d. of April last, with a Copy in the Italian Language, of an Order of the Pope's, for the directing, to the Provincial of Tholouse, a Copy, in an Authentical Form, of his Holinesse's Brief of the first of January this present year, concerning the Grand-Vicars, establish'd in the Diocese of Pamiers, during the Va­cancy of the See, and for enjoyning the Jesuits of Tholouse and Pamiers to declare, that the said Brief was real, and to address a Copy of it, to the Provincial of Paris, that he might also be assur'd of the Reality thereof. And by that Order, the General is charg'd to give an Account, to the [Page 4]Assessor of the Inquisition, of the Answers which should be made unto him. That in the same Pacquet, there was an un­signed Copy of that Brief. That he himself knew, that, by by way of Answer to the General's Letter, their Provincial had, among other things, written to him, that he did not be­lieve any one of his Society would would have been so un­fortunate, as to make any diminution of the respect they owe his Holiness, as he might also assure the Court, on the behalf of all the Jesuits of the Kingdom, that they should not ever be defective in point of Fidelity and Zeal for his Majesty.

Whereupon Monsieur Denys Talon, the King's Advocate, and one of his Council spoke thus: Sirs, It is apparent by what has been just now said, by the Superior of the Jesuits House of St. Lewis, in this City, That the General of the Je­suits had receiv'd an Order from the Pope, for his sending to the Provincials of the Jesuits of Paris and Tholouse, an au­thentical Copy of a Brief, dated the first day of this present year, which is presuppos'd to be directed to the Chapter of Pamiers, and to Friar Cerle, in the quality of the Grand Vicar of Pamiers, during the Vacancy of the See, and that with a Design, that the Jesuits of Tholouse and Pamiers, who, as it is pretended by some, had publickly affirm'd, that the said Brief was not real, should be oblig'd to retract it, to con­fess the reality of the Brief, and to acknowledge withal the fault they have committed by an affected Incredulity, and they would have it, that the General should give an Account to the Assessor of the Inquisition of the Answers which shall be made unto him. This Order, which does not appear to have any Date, is accompany'd with a Copy of the Brief, but not Signed, and by a Letter of the General's, repeating the same thing contained in the Pope's Order. It is easily discoverable by this simple Exposition of the matter of Fact, that this man­ner of designing to publish, and in some sort to execute Briefs in the Kingdom, is new, contrary to the Laws of the Coun­try, and of a dangerous Consequence. It is not only in France, [Page 5]that Briefs and other important Expeditions of the Court of Rome cannot be either publish'd or put in Execution, with­out the King's permission. The same thing is practic'd in Spain, and in most of the other Countreys, wherein the Authority of the Holy See is acknowledg'd.

The Correspondence which ought to be between the two Powers, the Interest which Sovereign Princes have to prevent the Introduction of any thing from abroad, tending to the disturbance of the Tranquility of their Governments, has ren­der'd this Custom legal and necessary: But that wise precau­tion, which many times dispenses with our entring into more intricate Contestations, would be of no Advantage, if the Contrivance which they have made use of at Rome, in order to the publishing of the Brief of the first of January be autho­rized; in regard that, as often as there shall be any Bulls, which they would have received in the Kingdom, and yet such as whereof his Majesty will not think convenient to per­mit either the Execution or Publication, they will make use of the interposition of the Generalls of Orders, who, for the most part have their Residence at Rome. And the Pope by, their Channell, will pretend to get into France all the De­crees of the Inquisition, and in a word, all the Encroachments which the Court of Rome would make upon our Liberties.

It is therefore necessary to check the course of so danger­ous an Innovation; which yet may be done with so much the more ease, that, as to that concern, there is not any ne­cessity of establishing new Laws. It is only requisite that we keep our selves from dispensing with the observation of the ancient Ordinances, which do not allow of the publication of any Brief or Bull, from Rome, without the King's permis­sion. And this is done in some Provinces with so much Ri­gour, that the very simple Signatures of Provisions of Bene­fices are not exempted from that General Order, whether they come from Rome, or the Legation of Avignon. What we do in this Juncture for the Publick Interest, and his Ma­jesties [Page 6]Service, proceeds not from our having Cause to com­plain of the Jesuits; the Reproaches which they receive in the Direction, written in the Pope's Name, and in their Ge­neral's Letter, ought, amongst us, to stand them instead of an Elogy, and are certain Proofs, that they have not devia­ted from their Duty. And therefore since it may be some dissatisfaction to them, that they cannot submit to the Or­ders of the Pope and their General, in case they are not in­form'd, how opposite that Order is to the Laws of the King­dom, it is but just that we relieve them, and rid them out of the perplexity, which they might run into by the Authority of the Decree which will be pass'd. But if we have not hither­to used endeavours to prevent the Publication of the Brief of the first of January; if we have look'd upon the Copies, which have been scatter'd up and down of it in Paris, rather as Libels, than Copies of an authentical Act, it has not been out of any Fear, but is to be attributed to our mode­ration, as being inclineable to doubt of their reality. We shall not want Remedies to oppose Enterprizes of that Na­ture, when it shall not be allowable in us to connive at them any longer. We shall use our utmost endeavours to continue the good Correspondence which ought to be between His Majesty and the Pope, between the Holy See, and the Galli­cane Church; and whatever may happen, we shall never, on our part, make a Breach of that Sacred Union of the Sacer­dotal Function, and the Royalty, so necessary to keep up the Splendor of both the Powers, and to preserve and dilate Re­ligion.

But on the other side, we shall not endure the Imposition of a Yoke, which our Fathers have not undergone, nor the Abolition of our Liberties, of which they were so jealous. We shall never approve of any Alteration in the Order of Ju­risdictions. When the Pope receives Appeals from Ecclesia­stical Judgments, he is oblig'd to nominate Judges in the Kingdom, for the termination of them, and he cannot en­tertain [Page 7]affairs there at first breaking out, nor retain the cog­nizance thereof at Rome, whether it be in reference to the va­lidity of Elections, or even of Appeals from Sentences given by Bishops, or other Officials. As we are inclin'd to a Religi­ous observation of the Concordate, and do tolerate Resignati­ons in favour, Preventions, Annates (that is annual Tenths) though contrary to the ancient discipline of the Church; So ought the Pope to execute it on his side also, in the things that are favourable to us, which we do not look upon as Pri­viledges granted us by Rome, but as the exercise of common right, and as the Ground-work of our Immunities. And it is thereby easily perceivable, that those persons, who are the Authors of the Brief of the first of January, and of many others, which have appear'd upon this matter, engage the Pope in contests more likely to retrench his Authority, than to aug­ment it, and seem to have no other design, than that of distur­bing the Peace of the Church. In short, the Regale being one of the most eminent rights of the Crown, how can they hope that the King will ever endure that that Illustrious Preroga­tive should, during his Reign, admit of the least shock or di­minution? Your own Records acquaint you, that the Regale was always so consider'd as a right of the Crown, unalien­able and imprescriptible, that King Francis the First, having left Madam Louise of Savoy, his Mother, Regent in the King­dom, and having, amongst other things, invested her with a power to confer Benefices, vacant in the Regal donation, she was oblig'd to renounce that Priviledge, upon the Re­monstrances of the Parlement, who represented to her, that the right of conferring Benefices, in the Regal Donation, was so annex'd to the King's Person, that he could never part with it, or communicate it to any other. The Judgment of particular, or general Controversies, arising in the matters of the Regale, do belong, and ever have belong'd to this Ho­nourable Assembly, privatively to all other Tribunals of the Kingdom. It was your Honourable Body judg'd it above se­venty [Page 8]years since, that the Regale extended over all Bisho­pricks, without any distinction; and the Declarations of MDCLXXIII, and MDCLXXV, do not make any new Esta­blishment, and do but confirm your Decree. So that we may confidently affirm, that how great soever the King's Authority may be, yet he can no more renounce the Regale, either whol­ly, or in part, than he can destroy the Salick Law, or aban­don the Sovereignty of some part of the Provinces, which make up and integrate the French Monarchy; and what sub­mission soever we may have for his Will and Pleasure, we shall rather beseech him to disburthen us of the Exercise of our Charges, than endure, that that Priviledge should receive the least Diminution by our Suffrages, or our Silence. There is not any necessity that a man should be much vers'd in our Maxims, to discover, that it is not at Rome these Questions ought to be discuss'd, and that whatever has been hitherto done, either on the account of the Pope, or his Officers, is e­qually unmaintainable, as well in the form, as the ground­work of it. 'Tis to no purpose that they menace with Excom­munication, not only the Ecclesiasticks, but the very Prelates of the Kingdom, when they do not implicitely submit to Briefs contrary to our manners, and such as would abso­lutely abolish the Episcopal Jurisdiction, if the Execution thereof were permitted. Appeals, in the case of abuses, intro­duc'd to maintain the Policy of the Church, and to obstruct the usurpations of the Officers of the Court of Rome upon the Temporal and Ecclesiastical Jurisdiction, are infallible expe­dients to secure all the King's Subjects from those Censures, which our Ancestors have slighted, and declared abusive, when there was no legal Ground for them.

Having thus protested, as we do, that we shall use all the means, which we shall think convenient, to check the course of all these Innovations, and to put a period to attempts so prejudicial to the King's Authority, and the Immunities of the Gallicane Church; It is our request, that the Court will [Page 9]be pleas'd to order the Copy of the Brief of the first of Janu­ary, the Italian Memoirs sent to the General of the Jesuits, and the Letter by him written to the Provincial of the Province of Fance, to be registred amongst the Records of the Court, to the end, that after Communication had of them what is fitting may be required; That there be a prohibition issued out to the Provincial, and to all the Superiours of the Houses of the Jesuits, against the publishing of the said Brief, Letters, and Memoires, and doing any thing as to the Execution there­of, directly or indirectly, under any pretence whatsoever, upon pain of an extraordinary procedure against those who shall not obey, as disturbers of the publick tranquillity; as also upon pain, as to the Society, of the Forfeiture of all the rights, priviledges, and prerogatives, which are attributed thereto, as well by its establishment, as otherwise. That the like Pro­hibitions be made to all the Superiours, nay to all the indi­vidual persons of the Religious Communities, against publish­ing, or executing any Bull or Brief, otherwise than pursuant­ly to Letters-Patents well and duly verify'd in Court, and that under the same penalties: And that to that end, the De­cree which is to pass upon the present conclusions shall be read in all places, where it shall be thought requisite.

Monsieur the First President pronounc'd his Opinion. The Court order'd, That the Copies of the pretended Brief, the Memoire containing the Pope's Order, and the Letter sent, shall be immediately registred, that they may be communica­ted to his Majesties Attorney-General, and to the end, that, upon his Conclusions in writing, such provision should be made therein as is requisite. And after the Decree pronon­ced, Monsieur the First President said to the Jesuits; The present Assembly orders me to tell you, that they are satisfy'd with your obedience. The said Pieces were registred, and afterwards the King's Council withdrew.

And afterwards, upon the perusal of the said Pieces, and the Conclusions taken in writing by the King's Attorney-Ge­neral, [Page 10]whereby he had required, That prohibitions should be made to the said Provincial and others of the said Society, as to the publishing the said Brief, and the orders receiv'd from the Pope, by the General of their Society, and doing any thing directly or indirectly executively thereto; And that Prohibi­tions should be in like manner made to all Provincials, Supe­riours, and private persons of all the Religious Orders, against their publishing and executing any Briefs, or Bulls of the Pope, other than the Briefs and Bulls, relating to the interiour and ordinary discipline of their Orders, otherwise than consequen­tially to the King's Letters Patents, register'd in the Court of Parlement, upon pain of an extraordinary procedure against all such as should be refractory, and, as to the said Society and Religious Orders, upon the forfeiture of all the favours and priviledges which had been granted to them. The matter was taken into Deliberation.

THE COURT proceeding juridically upon the Conclusi­sions of the King's Attorney-General, does make prohibitions to the said Provincial, and others of the Society of the Jesuits, as to the publishing the said Brief, and Orders receiv'd from the Pope, by the General of their Society, and doing any thing directly or indirectly in the execution thereof. And it makes al­so most express prohibitions to all Provincials, Superiours, and Religious Persons, of all Orders, that they do not publish or execute any Briefs or Bulls of the Pope, other than the Briefs and Bulls relating to the interiour and ordinary discipline of their Orders, otherwise than consequentially to the King's Let­ters Patents registred in the Court of Parlement, upon pain of extraordinary procedure against the refractory, and, in refe­rence to the said Society and Orders, of forfeiture of all the favours and priviledges which have been granted them by the King, and the Kings his Predecessors.