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kingdom_n king_n power_n regal_a 2,103 5 11.1413 5 false
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A37410 The decrees of the Parlement of Paris upon a copy of the Pope's brief of the first of January, 1681 and upon the orders sent by the general of the Jesuites to the provincials of Tholouse and Paris : pass'd on the 18th and 20th of June, 1681, in reference to the present contest between the Pope and the King of France about the regale.; Arrests de la cour de Parlement sur une copie d'un bref du pape du premier janvier 1681. English France. Parlement (Paris) 1681 (1681) Wing D807; ESTC R21364 6,893 14

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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 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 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 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