forced them away though no violence had been used Whereupon the Assembly resolved to make their address to the Apostolical Nuncio at Lucerne to desire him to inform himsâ—lf of the pretended violences fancying that upon the rumours they had spread they should â—ind persons enough to depose the fact they alledged and that in the mean time their F. Grandmâ—nt Rector of Fribourg in Swizzerland should carry their complaints to the Court of France The information taken by the new Nuncio discovered nothing more than the fictions the arâ—iâ—ices and malignity of the Iesuites But the voyage of F. Grandmont to Paris took effect for having by the mediation of F. Paulin then confessor to the King represented to his Majesty all the falsiâ—ies of advantage to their Cause as that the Iesuites were expelled the said Priories unjustly and by force contrary to the tenour of the Treaty of Peace and in prejudice of the Canonical Union of the said Priories to their Colledges they obtained Orders by surprize for their re-establishment without hearing the other side in confidence to have them executed blindfold and that if they were once established by the Authority of the King no man durst molest them for these two Priories or that of St. Valentin to which they would with equal boldness and falshood aver that they had been restored in pursuance and execution of the Treaty of Peace The Jesuites 〈◊〉 to the Pope and Estates of the Empire to surprize them As soon as F. Grandmont had the Kings Letters one for M. de la Barde Ambassadour in Swizzerland and the other for M. de Charlevois Commander at Brisâ—ch he sent to F. Schorrer the Provincial to supersede his demands from the Emperour and Arch-Duke to the Pope for that he had obtained letters from the King for their re-establishment in the Priories in question This appears by Cardinal Colonnas Answer of the 5 th March 1652. to the Letters of the Emperour and the Arch-Duke But the Father though he thought the Orders would be executed without taking any cognizance of the Cause was deceived in his account for neither the Governour nor the Ambassadour judged it in their power to obey them for many reasons both of State and of Law declaring frankly to the Iesuites that they were willing to serve them and that the Letters were very good but their Cause worth nothing This obliged the three Rectors to reassume their first course and continue their pursuit in the Court of Rome by the favour of the Emperour to procure from the Pope a confirmation of the Union of these three benefices artificially suggested in all their addresses But the success here proved worse than in France For the Pope judiciously refused it telling them that if they had such an Union as they pretended they needed no confirmation and to grant one were to derogate from the Authority of the Holy See To omit nothing that artifice or ambition could suggest they had recourse at last to the Imperial Diâ—t at Raâ—isbonne where they made a great noise complaining loudly but â—alily that they were outed of the Priories of St. Morâ—nd and St. Iames against Right and were troubled and disturbed in their possession of St. Valentines in prejudice of the Treaty of Peace and the Canonical Union obtained from the Holy See Endeavouring thus to engage the States of the Empire to re-establish them or to break with France But M. de Vautorce his Christian Majesties Ambassador in that Assembly being well informed of the Truth and of the Justice of the Benedictines Cause inseparable from that of the Abbies of Cluny and Chesy and the interâ—sses of France rendred these new attempts of the Iesuites ineffectual and vain Their recourse to Heretical Officers of War and of Iustice their Calumnies and recommendations to promote their injustice They were not daunted for all this but though their Cause was so unjust that they failed of their hopes in Germany and in Italy from the Emperour the Apostolical Nuncio and the Arch-Duke of Inspruch they resolved to try the French King once more and sollicited new Orders from him on the same suppositions they had procured the former and because they could not incline the Siâ—urs De la Bard and de Charlâ—vois to favour their injustice they laboured with all their might to have these second Orders dispatched and directed to Major General Rose their particular friend though an Heretick judging him proper for the execution they needed having disposed him before by the great treats they had made him in their Colledge of Ensishâ—im where they had lodged and entertained him with all Almaign Civilities in the beginning of the year 1652. the â—â—rrain Troops being then in their winter quarters in Aâ—sâ—â—ia But they could never obtain at Paris the Orders they desired this made them play other pranks to compass their designs They slandered F. Paul William the Benedictine for defending himself against their unjust usurpations as a villain a cheat and notorious impostor These are the very terms in the Latine Letter from the Rector of Fribourg to the Warden of the Capucines of Brisach dated Iuly 25. 1652. and inserted at large in the memorial abovementioned By the same letter it appears that they procured from several persons of Quality their friends at Paris Letters of Recommendation to Madam the Countess of Hâ—rcâ—ur to M. the Count of Serny and to the Baron de Mele at Brisach to desire their favour for the Jesuites But their Cause was generally judged so bad upon the place that no person would be perswaded to undertake their dâ—â—â—nce except the Auditâ—r General who not able to maintain them in possession of the Pâ—iories of St. Iames and St. Mâ—rand granted them a sequestration in August 1652. without taking any cognizance of the Cause without hearing or summoning the defendants to the prejudice of the Suitors and against the prohibitions of the Privy Council who had retained to themselves the whole cognizance of this affair Their Rapine and Dilapidation of Benefices By the favour of this Judge and several artifices the Iesuites turned the deaf ear to the frequent demands made for restitution of the Deeds Evidences Reliques Plate and Ornaments they had carried away from the said Priories though obliged to restore them not only in Conscience but by an express Article of the treaty of Peace pag. 82. importing That all Records and Wriâ—ings whatsoever and other moveables found in the said place at the time of the possession taken should be restored so that their refusal obliged the Benedictines to commence new Suits and obtain judgements against them for recovery of their goods That which is most lamentable is that while they were in possession of the three Priories of St. Iames St. Morand and St. Valentin they left nothing intire but what respect hindered them to demolish or interest obliged them to preserve And they who so often pretend to the injury of others that the Divine Service is ill managed or
the Offerings and Liberalities of the people upon the occasion of the Great Miracles wrought by the Martyr Bishop of Soissons when those Monks in their return from Pilgrimage to Rome arrived at Ruffach enriched with his Reliques by hte Gift of the Abbot of St. Potentience of the same Order in the City of Rome so that in a short time they built that Priory which continued alwayes in the possession of the Monks and Abbot of Chesy though the Iesuites have not omitted any artifice from the beginning of their institution to make themselves masters thereof contrary to the Bulls of the Popes Lucius and Alexander 3 d who excommunicated all those that should attempt any thing concerning the said Priory in prejudice to the rights of the said Abbot and Monks For after the year 1578. they procured and obtained from time to time Bulls upon Bulls but so voyd and null they durst not produce them And in 1618. they huddled up all the nullities and obreptions of the precedent Bulls into one suggested by them to have been obtained for the benefit of the Colledge of Selestat founded some 3024. years before wherâ—in they set forth contrary to the truth that it was a simple Priory without a Convent and aliened long since from the said Order with the usual formalities and consent of all parties interessed In pursuance of this Bull these Fathers having by strange precipitation and extraordinary haste outed the Prior Nicolas Verdot Monk of Chesy with unheard of vexations possessed themselves timely of the said Priory in 1618. without any form of Justice and 18 years before the time prescribed by the pretended Bull that is before it became void by the death or cession of the said Prior who was Canonically possessed of it ever since 1610. and never juridically deprived thereof Letters gained by surprize from the King aâ—d â— Mandamus from the Bishop of Strasbourg The dependance of the three Priories This violent intruâ—ion notwithstanding the Oppositions complaints Protestations and pursuits of the said Prior with the interposition of the Authority of the Crown of France endured till God himself brought the remedy by a change of the State in 1634. when the Iesuits upon the arrival of the French Armies having quitted the Priory the said Prior was re-established by his Majesties Authority and dyed in peaceable possession thereof in 1636. whereupon Iames Boescot of the Order of St. Dennis succeâ—ded him and possessed it till 1644. though the Iesuites in 1638. had obtained Letters Patents from the said King in Confirmation of their right if any they had which they got by surprize upon false suggestions that the said Priory ever since 1578. had been Canonically united to the Colledge of Selestat which had not been founded before 1615 and that the said Verdot of Chesy whom death had deprived of power to defend his Cause had been an usurper Intruder and illegally possessed of the said Priory as if he had been a Lutheran seized of it by main force But the Letters Patents were of no use to the Iesuites for Boescot seeing that the continuance of the Warre in Germany made the place not habitable in the year 1644 resigned the said Priory into the hands of the Abbot of Chesy who bestowed it on Paul William a Fryer of the strict Observance of the Congregation on of S. Vanne who by the Kings Order took possession thereof and peaceably enjoyed it with those of his Order till the 2 d of Iune 1651. on which day in pursuance of a Mandamus issued from Archduke Leopold Bishop and Lord of Strasbourg under pretence of executing some Articles of the Treaty of peace but really in breach thereof the Arch-dukes Officers re-established there some Iesuites strangers and by force and violence outed the said Prior and his Fryers of the reformed Order of St. Francis notwithstanding all their oppositions Appeals and Protestations of force which the said Officers refused to enter of Record among the Acts of their Courts though it was afterwards granted them upon renewing their suit at Brisac Now these three Priories depending as to their spiritualty and right of Collation upon the Abbyes of Chesy and Cluny have ever been subject and answerable for their temporaltyes to the Archdukes Chamber of Iustice of Ensiâ—heim belonging to the house of Austria though this of St. Valentine be situate in the Territories of the Bishop of Strasbourg and that by the Treaty of Munster in 1648. all the rights of the House of Austria in the higher and lower Alsatia were granted in Soveraignty to the Crown of France and consequently the said Priory being at present under the Jurisdiction of the most Christian King and his Justice to whom alone belongs the cognizance thereof and the maintenance of the said Prior in his possession it followes that the intrusion of the said Iesuites strangers into the place of the said Prior outed without cause or lawfull Authority in 1651. is an unjust attempt against the tenor of the said Treaty of peace Nor is the Kings interest less engaged for keeping the two other Priories of St. Iames and St. Morand which the Iesuites would have taken away from the Order of Cluny and consequently from France to alien them to perpetâ—ity and unite them to the Colledges of strangers to the great prejudice of his Majesties Subjects and the order of St. Benedict False suggestions to pope Gregory XIII to obtain a Bull of Vnion of the said Priory False Charge of Crimes on the Prior. That it may the better appear what artificâ—s the said Fathers make use of for want of right to usurp the said Priories observe that in 1578. Iohn Sancey being Prior of that of St. Valentin they obtained from Popoe Gregory xiii by the procurement and Authority of Iohn Bishop of Strasbourg a Bull of Union of the said Priory for founding a Colledge in the Town of Molsheim and that they should enjoy it upon the first vacancy upon the false suggestion that it was a Priory only without a Convent without declaring that it depended on France and the Abby of Chesy without an information Super commodo incommodo of the convenience and inconvenience which according to Custome ought regularly to have been first exhibited without the consent of the Prior or his Convent the Abbot of Chesy the Bishop of the Diocese or of the King though all interessed partyes These Iesuites being otherwise sufficiently founded at Molshâ—im not knowing how to betake themselves to execute their Bull so full of nullities and void Clauses left it dormant without the least mention 31 years in which time two vacancies incurred by the decease of Sancey in 1589. and of Adrian Verdâ—t his Successor in 1598. which they let pass without stirring at all or giving the least notice or hint of their pretensions So that the said Bullby this means lay superannuate and useless At last in 1609. they pitched on an expedient very disagreeable to the Charity of Christians
not revoke it The Abbot bethought himself of this Expedient he besought his Majesty to be graciously pleased that he might at least defend his Cause by a publique dispute which was granted him and the dispute continued three dayes successively The Iesuite who maintained the part of the Society and flattered the Emperour by attributing to him a power he had not to dispose at his pleasure of the Benefices of Ancient Orders and change their Foundations thinking he had born away the Bell the two first dayes grown insolent upon his pretended victory the third day insulted over the Monk who accompanyed the Abbot slighting him as a Cypher and one that came thither only to fill up a room or make up a number The young Monk more able as well as more modest than the Iesuite having on his Knees desired the Abbots blessing before he made his Defence and received it made it appear that there is a time to be silent as well as to speak and that as he knew the former he was not ignorant of the later He began to repeat from one end to the other all that had been said objected answered and replyed on the one side and the other the two first dayes and after that so refuted the seeming reasons of the Iesuit that he taught him to hold his peace having put him to the nonplus and left him nothing to answer and maintained the right of the Abby with arguments so convincing that the Abbot and he were by the Emperour sent back into their Abby with the applause of the whole Assembly The Priory of St. Morand and two others usurped by a shew of piety and surreptitious Bulls If the Rector of Ensisheim plaied his part well in gaining entry into the Priory of St. Iames of Veldbach the Iesuites of Fribourg in Bresgaâ— used no less artifice to seize that of St. Morand while Alsatia was yet under the house of Austria for though two onely of the Society were by the favour of the Arch-Duke introduced there about 1623. under pretence of Catechising and hearing the confessions of the neighbourhood and Pilgrims frequent in that place as if the Benedictines who then were there whose names and surnames remain recorded in the information made thereupon had not been able to have performed it yet these Iesuites did so ply the Officers at Rome that they obtained secretly a Bull of Union in 1626. without the knowledge of the Benedictines which they have not dared hitherto to produce as being full of suggestions notoriously false as That the said Priory was several years they say eighty forsaken and abandoned by the Prior and Monks and without any Convent That the buildings were all gone to ruine that the Revenue of the Benefice was very small and that the Collation belonged to the Arcb-Duke which in every particular are publickly known to be false Besides the pretended Bull hath an express Reservation sine praejudicio alicujus that the grant shall not operate to the prejudice of any yet they forthwith expelled Peter Gaspard and Peter Michael then Monks there who retired into the Abby of St. Peter of the same Order in the black forrest It appears clearly not only by the said information but by the confession of the Iesuites in their memorials though in other things injurious and diâ—â—amatory that the said Priory of St. Morand is by foundation of the Order of Cluny and convenâ—ual and that the collation thereof belongs to the General of the Order as of all others that depend thereon that it hath continued alwayes conventual and was actually possessed and served by the Benedictine Fryars without any reproach untill the intrusion of the Iesuites who expelled them That the revenue they set forth at one hundred Ducats exceeds eight hundred that the buildings of the Priory and particularly the Cloyster were intire and in good repair and that these Fathers enemies to monastick regularity to deface their power all the marks thereof have on purpose pulled down the Cloyster since their entry and caused the materials to be carried to St. Vlrich another Priory of the said Order about two leagues from thence to repair it and not far from a very rich Priory of St. Augustine called Ellenberg which two last Priories situate in the Territories of France the said Iesuites strangers of Fribourg are in possession of at this day with as little right as that of St. Morand the last having been given them in reward for a Tragedy acted by them for that purpose before the Arch-Duke wherein St. Augustine is introduced complaining of the idleness and dissoluteness of those of his Order and offering the said Priory of Ignatius whom they bring on the stage to accept it after a thousand praises of their Society A deed of gift without right in favour of the Jesuites who not able to keep the Priory carry away the moveables evidences and ornaments Four years after they had surreptitiously obtained this Bull and without consent of the parties concerned and particularly of the General of Cluny to whom alone the collation did of full right belong these Fathers finding their Bull was no assurance of it self resolved to help it out by propping it with a deed of gift which they easily procured from the Arch-Duke though he had no right to make it other than usurped authority guided by their advice to dispose of the concerns of France But being their opinion no person could be so hardy as to adventure the questioning of the palpable nuâ—lities of their Bull when protected and supported by a Soveraign Authority And the Tragedy having been acted about the beginning of the Germane Wars the Iesuites had a fair opportunity to keep the Priory in their hands during the troubles but the Treaty of Peace being published in 1648. and the Countries of Aâ—sâ—â—tia and Sundrigaâ— reunited to France the Prince of Conty holding himself obliged to Retake into his hands the Estates and Possessions usurped from his Order and depending on his Abby of Cluny and having received advice of the vacance of the said Priory at the Re-commendation of M. de la Barde the Kings Embassadour to the Swisses bestowed it in August 1651. on Benedict Schwaller a Fryar of the Order and Doctor of the University of Paris In pursuance whereof Schwaller by his Majesties Order took possession in the usual form and Re-established there a Community of Fryars of his Order according to the tenour of the said Treaty of Peace ordaining That Monasteries usurped from the Catholicks whether by other Catholicks or by â—â—eâ—eticks should be restored to those Orders from whom they were originally founded and not to any other This hindred not the Iesuites to prevaricate and by shifts and dodging tricks to keep the Prior four dayes in play and in that time by night and by day to convey away all the Grain Writings Evidences Church-Ornaments and other moveables of the Priory leaving nothing behind that could be carried away though it was never theirs
after which to get some pretence for complaint and to give out as they have done that they were driven away by force they prevailed with the Sieur Beta Lord of Altkirk to send thither for Souldiers who arrived upon the place and the Iesuites having made them drink after the Germane mode retired to Ellenberg Of the Abby of Nostre Dame des Ermites in Suisserland and the Jesuites entry thereby notorious falsiâ—ies Though the means used by the Iesuites to usurpe the Priory of St. Morand were unworthy of men of Religion and of Christians yet those whereby they insinuated themselves into the Abby of Nostre Dame des Ermiâ—tes in Swizzâ—rland are more base and villanous The story is so common in that Countrey that every one knows it This Monastery is a stately Abby of the Order of St. Benedict very famous the best regulated most reformed and populous of all Germany having ordinarily forty or fifty Monks all imployed and well skilled in the Sciences of Phylosophy Theology and Cases of Conscience of good abilities of Preaching Catechising and Confâ—ssion which they exercise constantly and the Diâ—ine Service performed to a perfection proportionable to the wishes of the most Devout The Iesuites nevertheless took the same pretence of Preaching and Confession to get in thither as at St. Mâ—rands with this difference that at St. Mâ—rands they made use of the secular Authority of the Arch-Duke onely but for this Abby they had recourse to the Holy See and surprized the Pope informing him most falsly that the Church of the said Abby which is renowned for miracles and multitudes of Pilgrims resorting thither from all parts to pay their vows to the Blessed Virgin was very ill served the Pilgrims ill instructed and little satisfied and that it would be very expedient to settle there some persons capable to exercise this Holy Ministry being almost incompatible with a monastick profâ—ssion and offering to sacrifice their persons to that Labour if his Holiness thought fit to imploy them The Pope who discerned not the hooke hid under this fair pretence dispatched a Brieve to the Abbot commanding him to receive into his house fix Fathers of the Iesuites capable and appointed to assist and ease the Fryars of his Order in that Holy Exercise with Order to entertain them in all things according to their profâ—ssion Though the Abbot received and made them welcome yet he mistrusted them and apprehended the danger he saw himself suddenly and unexpectedly fallen into This made him Assemble from all the neighbouring places such persons both Religious and Secular whom he accounted most Judicious To consult with them how to secure himself against these dangerous spies The Resolution was That an ample information should be drawn up in good form of the state of the Abby the imployment of the Monks and Celebration of Divine Service and that it should be sent to the Pope to dis-abuse and undeceive him which was accordingly done And the Pope thereupon immediately sent a second Brieve in revocation of the former commanding the Iesuiâ—es to retire to their Colledges and leave the Benedictines to continue their spiritual harvest in the fields of the Church Câ—rruption of Iudges by presenâ—s The Rector of the Iesuites of Fribourg resolved to retain if possible the said Prâ—ory of St. Morand bethought himself beforehand of means most unworthy a man of Religion and a Christian to secure what he had unjustly obtained To this purpose he was fully determined at what price soever to gain the Auditor-General being Soveraign Iudge at Bâ—isach to their side and to corrupt him by bribery from doing Justice to the adverse party engaging him to his power to favour the usurpation of the Iesuites never minding the scandal would be given this heretick being one of the subtlest amongst them and to other men of Religion when it should appear that a Rector of the Iesuites who would be thought the flower and cream of Christiâ—nity was guilty of an iniquity so hâ—mous as to endeavour by presents to shake the constancy of a Iudge and sway him from his duty who ought to be inflexible But the Rector who valued not such considerations made the Iudge a present of a Christal Vessel to oblige him to maintain them in their usurpation of St. Morand This is clear by a letter in Latine the Original whereof was shortly after found in the said Monastery signed by the Iesuite Gebhardus Deminger and addressed to F. Gaspard Schiez Rector of the Society of Iesus at St. Morand dated Iuly 27. 1651. containing among others these express terms as may appear by the whole letter intirely recited in the said memorial of Paul William Viz. Heri hodie rationes congessi easque cras 〈◊〉 Brisacum ipse feram Et ut D. Audâ—torem nobis faventem efficiam crystallinum mecum feram poculum decem ducatorum affabre hic elaboratum ad eundem nobis devinciendum i. e. Yesterday and this day I have collected reasons for the strengthning of our Cause which God willing to morrow I will carry to Brisach and that we may have the Auditor our friend and oblige him to us I shall present him a vessel of Chrystal of ten Ducates value and cuâ—iously wrought In a word this Lutheran Auditor to the utmost of his Power favoured the Iesuites in thâ—ir usurpation but the Kings Orders and the Justice of the Benedictins Cause prevailed and obliged the Governour to perfer the interesses of the Crown of France to the pretensions of the Iesuites and not permit the alienation of Monasteries to the profit of strangers so that they were forc'd to restore them to the antient and legal possessors Complaints grounded on lies corrupting of witnesses surprizing the King The Fathers were no sooner outed but they repented their quitting their prey so easily they made a great bustle and spread their complaints every were that they were expelled the Priory of St. Iames and St. Morand by violence and â—orce of armes they conveyed these complaints to the ears of the Emperour and the Arch-Duke and by their Pens to Cardinal Colonna Protector at Rome of the nation of Almaigne having a fit opportunity to send the letters by their Provincial Fr. Schorrer who was deputed to assist at the Election of their new General At the same time they held an Assembly of several Rectors with their Secular Council at the village of Hirsingen a league from St. Iames and St. Morands and having invited the Dean of the place to dinner they presented him for the first course an Act to sign dressed after their manner to testifie that they had been expelled the said Priory of St. Morand injuriously and by violence But the Dean being a man of honour and resolute answered He could not testifie a matter whereof he had no knowledge and that the report was on the contrary that they had desired the Souldiers to come and made them drink deep to have some colour of saying That the Souldiers had
tricks the spirit of Wrangling could invent in the most shifting petty-foggers by delayes by reiterated defaults new Assignations contesting about the qualities of the parties producing ridiculous impertinent and insignificant matters falsities and manifest untruths diffamatory Libells forged Letters informations without date or subscription and a thousand other devices to be seen at large in the Memoriall above-mentioned which is therefore the more credible for that upon the whole matter a notable Arrest was given in favour of the Benedictines you shall see hereafter Bulls without president and contrary to the Canons and Councels of the Church An Arrest in favour of the Benedictines against the Jesuites We must not forget some remarkable things to be observed in the Bulls the Iesuites obtained for the three Priories spoken of before for besides the false suggestions nullities and obrâ—ptions whereof they were full which inclined the Benedictines to procure and produce Duplicates thereof against the Iesuites and besidâ—s the express provision in some of them that they should not operate to the wrong or prejudice of any they were most abusively and maliciously framed in two points 1. In that contrary to all forms and presidents they gave power to the Jesuites to take possession of the said Benefices by their proper Authority without observing the ordinary formalities requisite in such cases and that contrary to the Canons and the Councels of Constance of Lateran of Chalcedon and others they made alienation of Estates without consent of the parties united several Benefices situate in divers Dioceses and suppressed Monasteries and Benefices Conventual which ought to remain to perpetuity 2. In that by an unparallel'd and unheard of abuse they contained a Clause ordaining that they should not be questioned for any nullity obreption or subreption whereof they were full Decernenâ—es easdem praesenâ—es nullo unquam tempore de subreptionis vel obreptionis aâ—t nullitatis viâ—io Aâ—gui seu notari which takes away all cause of wondâ—r why the Jesuites were alwayes loth to produce them as knowing they could serve for nothing more than to discover their Artifices and Deceits the clearer though notorious enough to the world already upon other occasions And now none can think it strange that after so many shifts and tricks of petty foggery they were at last wholly defeated and for ever debarred of their pretensions to the Priories in question by Arrest of the Kings Councel the Judiâ—ial part whereof and the sentence is here transcribed but the proceedings purposely omitted for that they are herein before succinctly reported and may be seen at large in the Printed Memoriall we mentioned often The Arrest of the Privy Councell THe King in his Councel giving Judgement and doing right in the said Cause hath maintained and kept and doth maintain and keep the said Fryar Paul William in the possession and enjoyment of the said Priories of St. Valentine of Ruffach and St. James of Veldbach and the said Fryar Benedict Schwaller in the possession and enjoyment of the said Priory of St. Morand Forbidding and prâ—hibiting the Demandants the Jesuites and all others to trouble or mâ—lest them in this behalf and ordering the Sequestrators to deliver the possession into the hands of the said William And having done right upon the demands respectively made by the said parties for restitution of the Reâ—iques Ornaments Evidences Moveables and other things that were heretofore in the said Priories hath ordained and ordains that the parties within two months joyn issue in the same and dâ—bate tâ—em at large before the Sieur De Baussan Intendant in the Countrey of Alsatia and that the said Sieur De Baussan shall assist and further the execution of this Arrest which shall be executed notwithstanding any oppâ—sition or Appeals whatsoever Yet so as the said Appeals shall not be barred or prejudiced hereby but in the mean time the parties are to proceed to executiâ—n which shall not be delayed by verâ—ue or colour of any Appeal whatsoever And his Majesty reserves unto himself and his Councell the cognizance and deâ—erâ—ination of any Appeal that shall or may happen to be made in this â—ause which Appeal shall be proceeded in summarily without the â—sual formality of Suits Examined Signed De Moris Given at the Kings Privy-Councel held at Paris Aug. 4. 1654. OTHER Historical Passages AND Relations of the Artifices and Violences of the Jesuites of Almaigne in taking away several Abbies from the Orders of St. Benedict and the Cisteaux monks Collected out of the Books of the Famous F. Hay a Benedictine of Almaigne the one called ASTRUM INEXTINCTUM Printed in 1636. and the other HORTUS CRUSIANUS Printed at Frankfort in 1658. and Printed also within these ten years with all their Quâ—tations in France in 4 to and at Cologne in 8 vo in 1659. A notable imposture of F. Lamorman the Jesuite Confesser to the Emperour of the Vsurpaâ—ion of Abbies THE Emperour Ferdinand the second having had great advantages over the Protestants of Germany after the rising in Bohemia and the battel of Prague which he won against them by a General Edict of the 6 th of March 1629. ordained That all the Abbies and other Eâ—tates Ecclesiastical which had been usurped from the Catholicks by the Protestants against the Articles of the Treaty of Passau in 1552. should be restored to those to whom they belonged according to their foundaâ—ions In pursuance of which Edict he sent Commissioners throughout the Empire to see it executed and published other particular Edicts in favour of St. Benedict the Cisteaux and others As there 's nothing more just than to restore every one what belongs to him so this Edict of the Emperour was highly approved by the Pope who writ an express Brief to the Emperour To teâ—tifie his joy and that of the whole Consistory of Cardinalls for this re-establishment of the Clergy and the Fryars in their estates The Emperour at the same time writ to his Ambassadour at Rome the Prince of Savelli the 14th of April 1629. the reasons of his Edict which were That he was of opinion he could not have done any thing more profitable and conducing to the good of Religion in Almaigne then to take such course that the Religious Orders might flourish again which had been heretofore the firm pillars thereof that pursuant to this design he had ordered by his Authority Imperial that the Abbies and other places Consecrate to Religion which had been profaned by the iniquity of the times or converted to other uses should be restored every one to the Order to which they belonged as being Consecrate thereto from their first foundation and not to another He sent him afterwards a more ample instruction of the 25 of Octob. the same year wherein he gives six principal reasons of his Edict The Iesuites extremely nettled and perplexed that they had no share in this restitution to the Ancient Orders consulted among themselves how to enrich their Society with other mens Estates
offer to abandon the said house And in the Suit by conversion of Appeal into opposition that the Seizures made at the Defendants request be declared null injurious and wrongful and an Ousterlemain granted thereon with costs damages and interest DE CLOS for the parties intervenant being the Fathers Mothers and next Kin of the Nuns said It may not be thought strange these parties intervene in the cause as being of no less concern than the destruction of a Monastery and tending to the famishing of their Children the Nuns That the Defendant or F. Fâ—rrest his Predecessor in the Office having by a fraududent Contract surprized the Nuns of St. Vrsula of Mascon had the dexterity to conceal this Contract ten or twelve years till he had apprehension of the letters of Rescision that to secure his debt by sufficient morgages of the Dowers which from time to time should be brought by new Nuns into this Monastery having published abroad that this house had been given the eight Nuns come from Mascon to establish the Monastery for their Dowries he proceeded at last to the Seizure of all the Revenues of these Nuns and had caused the Rents and Pensions of the Nuns and Pensioners to be seized to draw from them the payment of the sum of twelve thousand Livres pretended residue of the price of the house in question and nine years arrerages That this unexpected rigour reduced the Nuns to the necessity of begging contrary to the rules of their Order and the tenour of the permission of their establishment at Metz or falling again into the hands of their kindred That the Dowries of Nuns were sacred and not subject to Commerce That the Church tollerated no other use of them than only for the Alimony of Nuns That they could not be diverted to the payment of debts much less of debts lyable to question secret and fraudulent as this yet it appeared that by the Contract of Sale of the said house F. Forget had the boldness to stipulate a particular morgage to secure his debt upon the Nuns Dowries who should make profession in this Monastery and so the Dowries of these Nuns should be aliened along time before their profession which cannot be judged to be other than Simony that the monies of these Dowries having been stipulated for Alimony could not be seized for the Defendants debt That the new Nuns who alone made up the Monastery had never signed any of the Contracts made use of by the defendant against them which were alwayes kept secret so that they were at their full liberty to accept them or not That the Nuns of Mascon had been so grosly surprized in this that they were excessively damnified That these parties had a notable interest and were concerned to take care that their Daughters the Nuns should not long continue in an unhealthy and infected place therefore he concluded That having regard to their intervention it would please the Court to grant the Appellants and Demandants their Fines and Cenclusions LE FEVRE for the Rector of the Iesuites said That he could not admit the Appâ—llants to be parties that they were not qualified to sue that being Nuns profest of the Monastery of St. Vrsula of Metz aforesaid they were incapable to proceed at Law without their Superiour the particulars which compose the body having no power without their head That all the Convent ought to have been parties or audience denied to the particular Nuns whose proceeding was so unjust that they were forsaken by their Superiour that though the Contract had been past by the Vrsulines of Mascon who were not profest of the Monastery of Metz it was good notwithstanding for that it was passed for and to the profit of the Monastery to be established at Metz That new establishments were made no other way that if such Contracts should not oblige houses newly estabished and the Nuns that should make profession there the Sellers should be alwayes cheated that they should give away their estates without any assurance to receive the price for them That the Committy of the Monastery of Metz begun on the day when the first Nuns sent from Mascon were encloystered and continued and was increased by the profession of such as were newly received that though the Nuns newly profest were not named in the Contract nor had ratified it yet they were obliged by it as the new Monks of a Monastery are bound to pay the debts of their predecessors in the same house That the Dowers of the new Nuns coming by acquisition to the Convent were from thenceforth subject to the discharge of priviledged debts as the price of the said house which was their habitation and part of their Alimony That the juniority they alledged could stand them in no stead because the purchase was made with all formalities requisite and by the Authority and Counsel of their Superiours who had contracted and therefore the Contract must stand otherwise no person will Contract for like establishments nor with Nuns That the desire of an object came as well by the ears as the eyes so that it was not necessary the buyer should see the thing he would buy but it sufficed if he knew its condition and value by the report of another That there had not been any deceit fraud surprize or trapan on F. Forgets part who in his Important Avisoes delivered nothing but what was true concerning the description of this house That the platforms and models of that house which he gave them were true if the places were measured by the foot of Metz according to the custom of the Countrey where they were drawn That the Nuns had the liberty to cause it to be viewed before they took possession that they had perused it six weeks ratified the Contract and declared it agreeable to the model received of F. Forget in the City of Mascon and that they had found it fair and more convenient for regularity and the functions of their institution than they conceived or imagined at the time of the purchase that if F. Forget had been their Director Spiritual and Temporal it was an extraordinary favour received of him who deserved other acknowledgements than those they made and that for this reason they could not annul the ratification for otherwise they who intermedled with their direction and should take care of their temporalities and affairs could make no Contract with them that the intervention of their Parents and Kindred was precarious and useless Therefore he concluded that without regard to their Letters of Rescision and restitution or to their opposition the Appâ—llants and Opposants should lose the benefit thereof and pay costs to the Defendant Ioly was heard for the Kings Atturny Generall and said That the business depending was of great importance as well in respect of the parties contesting as the Grounds of the Suit That the Court was possessed of the Cause by an Appeal put in by the new profess'd Vrsulines of Metz for seisures made