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PAPERS RELATING TO The Roman Catholic Reh'o-ion: f I. — Dispatch from Sir Charfcs Shmit to Lord Viscount Ca^lereagh; datcil, Lishdii, 17 Octohci- 1S12:— Tliruo EiiclosuRs. lI.".--Al!:iiiiLst() of Tlic Spanish Regency ;— 20 May 1813, Extract from the Code of CierKral Law for the Prus.iau States; dated, iierlin, 1791. Orikrcd, hj The House of Coniu ons, to be printed, 21 Maij 1813. 218. I. LIST of Papers prese ^ted to the Home of Commons, in purtuance of an Address, dated the ijlh May 1813. Copy of Dispatch from Sir Charles Stuart to LortTViscount Castlereagh, dated' Lisbon^ 1 7''" October 1812 : — With Three Enclosmcs. First Enclosure: Translation of a Letter from Don Louis de'^-unhato The Nuncio, dated 27th Augusti77o; Second Enclosure: Translation of Letter from Don Josef de Ayuso, to Sir W" Berpsforf^.-datcdSalamanca, 20"' July 1812, Tliird Enclosure: Translation of a T^oyal Letter from the King of Portugal to The Cardinal Patriarch, dated 23'' August 1770. II. LIST of Papers presented to the Ilou^e. of Commons, in pursuance of an Addrest, dated the ioth Mai/ 1813. No 1 -Translrtion of the Manifesto of the Spanish Regency, relative to the rond.ict of the Archbisiiop of Nicea, the Pope's Nuncio in Spain ; dated Cadiz, 23 Ai)nl4Si3. No. 2.- Extract from the. Code of General Law for the Prussian States, relating to Uie Roman Catholic Church; dated BcHin 1791. Copy of a Dispatch from Sir Charles Stuart to Lord Viscount Castlercagh ; dateH Lisbon, 17th Octobw 1812: — (Three Enclosures.) ") Lisbon, 17th October 1812. My Lord, I Have been honoured with your Lordsliip's circular Letter, enclosing certain Queries from Sir John Cox Hippisley, tending to ascertain the extent of tlic Jurisdiction exercis-'d by the Court of Konie, in this Kingdom ; whether by tiie circulation of iJulls, the confirmation and nomination of Bishops, or in other cases, w here the pretensions of that Church affect the temporal supremacy of the Sovereiirn. The Question has been frequently and tborougiily canvassed by the principal lef^al authorities of the kingdom ; and the reasoning they have brought forward in fawui' of the rights of the Cruv.n, has been conclusive ; and on few occasions has bees combated by the Roman casuists with any degree of success. In proof of this assertion, I transmit your Lordship, by the present opportunity, the accompanying works of the Jurist Antonio Pereira, and of Sur Seaora, with several public theses, drawn up according to the statutes of the University of Coiuibra ; supporting the doctrines, on which, beyond a dcmbt, all the Edicts respecting these important subjects, published since the expulsion of the Jesuits, are legally grounded. Among these Edicts, I send that respecting the Bull "de Apostolicum pascsndi;*' which positively refers to questions of this nature, and adverts to the prohibition of all publications under ecclesiastical authority, without the previous approval of the Government. The same principle is laid down officially in the Letter addressed by D. Luiz da Cunlia, the minister in 1770, to the Pope's Nuncio; which is not considered to contain doctrines in any wise derogatory to the established laws of tiie kingdom. Tlie following case, which is perfectly applicable to this question, occurred w ithin the lasl month: A Portuguese Clergyman, intimate with the Nuncio, who had written the enclosed pamphlet, in support of the Italian or Ultramontane Doctrines, having been refused the licences necessary to publication, printed the work in England. A number of copies having been distributed in tiiis country, the principles thoy inculcated attracted the notice of the Censor, wlio immediately drew up and transmitted to tlie Govcrn- nuiit, tiie very able review I forward ; not only at once going over all tiie points which iiave been submitted ti>, my consideration by Sir John Cox I]i|)pislev, bi.t setting tortii tlie actual law of the kingdom, shewing the dangerous teiuiencv'of tlic doctrines su|)iiorte(l by the Court of Rome in Portugal, and" inducing tiie Goveni- nient to direct tlie Procniailor da Coroa, or Attoiiiey General, to commeme le>'al proceedings against the Author. Tliough the Co;icor(lat drawn up by the Queen's ministers in 1778, and of which I enclose a copy, does not answer the tune whicii is renjarkabl..- in ^i. do Poniljal's toiiimunications witli tiie Clergy and witli tiie Court of Rome, yet the paragraj)!! nliiuied to in tlie marginal note marked +, evitlently shews the llalians do nut luider- Miind tiiat any of the riglits formerly uuiiiUiuatd by the Crown Luyincn of Portugal have been given up. 218. Jhougb y y PAPERS Pv ELATING 70 Til T.'10'ish yonr Lnulship is, doiihtless, udl i\c([uaintc(l with the iau- of Spain on t' is siiliji-ft, ii .•oiisiiltuiii oF tlio L'nivfi-.sity oi' Sulainaiira, particuiiirly advcitiii.' to the .■.iliialu.ii ot t!ie Catiiolics in II. i\I. Dominions, whidi was obtained l.y ^Jarshil IJn-cslord in that city, is so pcribctly saliiiactory, lliat I ltd it uiy duty to forward the cndoseil coi)y to your Lordsliij Jiy duty I have tlic iionour to be, &c. (Signed) CHAS STUART. (First Endosure.) Translation of a Letter from Don Luis da Cunha to Tiic Nuncio ; dated 27 August 1770. IliS :\Iajcsty lias been |)leasc(l to order, tluit the Rriefs which Your Excellency transmitted to me, should pass tliroiiuli t!io usual examination ; and on their contents, lie lias commanded me to accjiiaint Your Excellency in Mis royal name, That, beiiiir peiiwctly aware, it ndtiier is, nor can be, the intention of his "Holiness to alter and pervert the Laws, laudable custom, and privileges of these Kingdoms, or that, from the powers granted to the Apostolic Xuncios, should arise anv thing that 'might disturb the public tranquillity, or be detrimental to the intcrests'and the wclfare^of His ]MaJesty's subjects, and to the good administration of justice,— His Majesty therefore desires, that Your Excellency do not exceed these just limits of the powers with which yon arc invested ; and also do abstain from any thing that nmy be contrary to the aijove-mentitmed Laws, laudable customs and privileges^ as well as from whatever abuses may have been introduced auainst them. \'our I^xcellency will also keep in mind, that the Judges of the Crown will take coanizaiico of every thing which your i:xcdlency may practice, or allow to be practised contrarv to the laws of His Majesty : And further, that in those cases in which Appeals may be laid before His Majesty, the proscculion of the Suits is to be suspended, and the onginal Evidences traiismiucd to the said Judges, that they may decide whether any violation or abuse has taken place in said siilts, and also wlietlK the laws, customs and privileges of this kingtlom, have been faithfully observed. I am ]iartirnlar!y desired to acquaint your I'Acdlency, that vou are not to visit the Calhcdrals, nor take cognizance of any tiling apiiertaining llierennto in the first instsncc, nor allow the judges and oflicers of the leuation to make any exorbitant charges, but merely those which are customary to be made in the Courts of Autiitor- ship of this Metropolis ; nor ought tlie fees in verdicts respecting matters of justice And gra.e, tg be more than those which are legally established ; thus avoid'iinr all rause of complaint and scandal, which His IViajrsfv is perfectlv aware uoulcT ho derogatory to your Excellency's character, and to the orders yon liave recc-ived. His :\Iajcsly further commands me to acquaint your Excdieiicv, that you should appoint a person to fiil the otlice of National Promoter, as has always been the custom; His Majesty also c::iiiiot but praise the wise resolution he knows your I-^xcelleney has taken, of choosing for the Legation, men of talents, expciience, and iiitrgrity ; by which means the interior Prelates will not be hurt, or complain at their decisions being revoked, by mini-lers who do not pos-e-s these re(juisitc qualifications. His Majesty also acquaints yonr Excdieacy (as one of those cases Mhidi most freciuenlly hapjieii) that the fdigious memlHis an; in t!ie habit "of aiipealing to the court of Nmici.itiire, in order to fm^trale the correction of Iheir Mipenors and withdraw tliemselves from that obedience whidi they owe to them, demanding without any just cause, actions, e\eni|)tions, permissions, "grants, licences &.C. IrOiii wii( nee result (as loiijj Cxjierience has dearly proved) the greater disorders,' relaxations of their regular institutes, disturbances in'tiie communities, and scandal to tiie people abroad; of all these eirenm-.tances, His Maj( ,ty informs your Kx- cdhney, tl::it it sliould come to your knowledge, that it" is" His plea.Mire vcair I'lxedleney do not decide or judge of any thing w hieli may coiictrii matters res|,ecli!r' .thtj eeou e ROMA N C A T II () L I C R K L 1 G 1 O N. 5 respective cloisters, nor admit any appeal from tlicm in any degree whatever ■ and in coniormity thereunto, His Majesty has alrtadv ac(|uainted all the •Superior Prelates, in order that they might know it and fullirit, as also enjoin it to all under their jurisdiction. Not only the enlightened spirit Mill, which his Holiness has edified the who'c universe, by s(-parating the most holy riiilits of Apostolic Supreniacv from his supreme power, which Cod luis made distinct, in order to establish thereupon the reciprocal union ot the Altar and the Throne, and with it the peipetual peace of th- Church, and the public trancjuillity of tiiese Kings and Slates, who arc devout Sons ot so holy and revered a mother ; but al:.o the great conCdence the King place'- in the well kno\Mi talents and worthy intentions of vour ExeelleRcy inike Hi's Majesty hope your Excellency ^^ill always act in such a'manner, as to call forth His praise ; and that your I'.xcellcncy may experience the most repeated etlbcts of the profound veneration and respect, which His Majesty entertains for His Holiness and the i\postolic l-aitli, and of the great esteem in ^vhich he holds the person of vour Excellency, not only tor the dignity of your public characler, but also for the distin- guished qualities and recommendable virtues that so highly adorn your Excellency. Your Excellency will be ])lcascd to favour me with an ansMcr in viriting to what is herein contained ; and on receipt of which I will deliver the JJricfs now in my hands to the person whom your Excellency may send to receive them; in the meanwhi'-- I make a ti nder ot my serA^ces m the most ready and willing manner. May God take your Excellency m his holy keeping ! Court, 27 August 1770. Most Illustrious, and most Reverend Sir, B. uf macs, &c. &c. D. L. de Ctmha. (Second Enclosure.) Translation of a Letter from Don Josef de Ayuso, to Sir W. Beresford • Salamanca, 20th July 1 8i2. ' Most Excellent Sir, I H WE the honour to transmit your Excellency a Copy of the Dictamen, which t he I niversity of Salamanca gave, upon the Affair (consnlta) jf the Roman Catholics 01^ Ire and, by oixler of the King ot Spam, on the 3d of March 1 789. It's then Rector Don Diego Munoz lorrero, now a deputy of the Cortes for Estremadura, is well ■ known, and is now President ot the Commission of the Constitution. I have seen few Clamtros (so are called the Meetings of the Doctors and Masters to deliberate on matters belonging ti tfie University) that have been so fully attended by theAlpmbers of the University, and few in which there has existed so much unanimity ot opinion. Three things were consulted on: Eirst, If the Pope, the Cardinals, or any other Ecc csiastical Authority, hold any Civil or Political Power over the Supreme Civil Power of the King of (Jreat Rritain? Secondly: If any Ecclesiastical Power could absolve his Subjects from their Oath of I'ldchty ? 'rhirdly : If any l-'-cclesiastical Authority can break the Agi-eemcnts and Contracts made with persons who profess a Religion different from the Catholic? The I niversity did not hesitate lo declare, that it ought to answer in the Xecrative to those three Questions; and named six Connnissioners of the Theologians" and four ot Jurispnidence, to draw up their opinion. ^ ' These held a Meeting, and ;-ppointed tvvo of themselves, the fourth and fifth of thos; who sign the j'aptr, to form the Answer. In a very short time and at anollur Session, it was presented, an.l unanimously approved of, and thence pre- sented to the general Meeting (Claustro) where it was confirmed without hesitation llic I niversity was so nnmediately convinced of the justness of this opinion, tliat it ^ required wmmm IP W 1 i i '■ 1 6 P A P E R S R E L A TI N G T O T II. E required but little time to consider, and in fact, no one can prove tliat it is a prin- ciple of the Kouian Catholic Religion, or a dogma of the Uomish ('hurch, to f:ivc any political po\ver to its Prelates over tiie temjjoral sovereij;nty, over tlu; fidelity that is due to it from its sulijects, or over the contracts or pacts made by Catholics with persons of a ditlcrcnt Religion. It is certain that there have been individual writers ulio have held diflVrent opinions («« opi/iiones, their opinions) upon this point : but the Catholic Church has never received tlicni as Doctrine or iVrlicles of ruilh, nor have those writers ever presumed to give tiiem such authority. On the contrary, many learned and pious Authors have supported the opposite doctrine, founded on that most solid foundation of not being able to discover this political power, which the former wish to attribute to the ecclesiastical Prelates in any of the books of iloly Writ, and it being totally unknown to the fust agct.. The Romish Church acknowledges two Supreme Powers, but of different kinds, ai)d in all things distinct. The political, temporal and civil, wnd the spiritual ; between which may reign great harmony, but no dependency. The Civil can do nothing which respects Articles of Taith ; nor has the Spiritual any riglit to interfere in what is temporal. The political power can decide nothinf; upon the essential points of Religion ; it cannot determine upon an Article of Faith, nor administer the Sacraments, nor de- termine any thing upon what belongs to the worship of the Divinity; nor has the spiritual any right over civil Society, over the State, or over the Chiefs in the civil or political. The Christian princes preserve all their authority entire and full, without subjection to the Church, in the same manner as the infidels; and similarly as individuals are masters of their own houses and privileges, witliout any dependence upon priests, so the monarch enjoys this power entire, without the least diminntion, and without acknowledging over it that of the priesthood. Jesus Christ neither exercised, or transmitted lO the Apostles or their successors, any temporal power whatever ; on the contrary, he subjected himself with the greatest sulmiission to the established autho- rities, ordering to be given to Caesar that which was Csesar's, paying tribute, and ac- knowledging the authority of Pilate himself. St. Peter and St. Paid taught, tliiit all, of whatever class or condition, ought to be subject and obedient to the King, and to all Gther legal authorities, and to abstain from a desire to govern, and declaring that wiioever resisted the legal authorities resisted the order of God ; and Paul himself ap- pealed to, and sought redress, at the tribunal of Ca;sar. In the first and most flourishing ages of the Church, the most submissive subjects verc the Christians; and their priests and the Roman pontiffs have testified them- selves, in a thousand manners, their respect for the Emperors in what was political : .so far were they from arrogating to themselves in that point any preeminence. Such are the piinciples of religion. Nor docs the King of Great Pritain stand on any other footing than all other kings ; consequently it is most clear that no ecclesiastical pre- late can assume any civil power in that illustrious kingdom, nor have any power to absolve or dispense subjects from their oatii of allegiance. The maxims of our Faith order obedience to superiors, though they do wrong ; and it does not pennit, that under any pretence of religion, any one should omit what is his duty to them. The great Apostle of the Cientilcs, inculcated faubjcction to princes, and directed they should be prayed for, even tiiough Pagans ; and as it is not fit that any one should renounce that which he is not authorized for, the dispensation of an oath made to the king, by another authoriiy, and of an order different and distinct, wouki bo very extraordinary, as that the Prelates should exercise a |)ower over the temporal, that was neither delegated to tiiem from Christ, or known to tiic first ages. "When even the Emperors were Christians, and some strayed from the faith, we do not sec that the Popes or the Pishops dispensed (or broke) tlic oaths of allegiance %vhic]i their subjects had made to them ; nor did the fiimous St. Ambrosio, who had the firmness to excommunicate Theodosio the Great, and to prevent his entering the (y'iiiireh, nttemi)t to absolve his subjects from the obedience they owed him; thus tiiei'e is no foundation ibr tiic Ecclesiastics of our times assuming powers relative to the subjects of Great Britain unknown to their predecessors. Religion nOMAN CATItOLlC REL rCilON". y lieligioi. not less than reason manifests tint we oiisht to observe mtl, tl,e TrcatrO T„ero is n'o doctrine ,hic,; ^^^iJ^^S^^^^^^S^^Z SSiSJ'S David, and Other religious Pmices iiiade alliances «ith the kin.rrt n r. and wc do not sec that they were reprehended for it i t"e I 2vV i Ou! 1^; Kinus ot Spam have made aianv treaties ivitli \r.,i„„vw.f ^ ""'> "'"i- ^ui piou.s u!-.i,;h the rdision differs fronTtl S Sjc VuV^ ""' r"'' "•"'''■ ^''''''' '^ thcnselves exonerated fro.n the olJi^Z ^ V^^^^^^^^^^ ''^'T' eontract ^.ith them, as men. So that as the Cn' ,lic!^ tn, I n i '• "^^ f^'^T' ^''^-V hy those of a different belief, they « anc ou^nr l^'l^^ '? be deceived so fiivolous a pretext, since a diftfcrence of religion dne It i '' ^o deceive under principle of ni.re (tl. great gener^;;^^ hic^ ed" y 3 ^^ '" C vh,d. yoa desne not lor yoursdt; wish not tbr another; and Xtso^ver've wo S tiiat men should do to you, even so do ye unto them " ^vndisoe> er ye would State. Jlouever there is not certainly any such^oS iS.. S cl LSt^^^^ "^" and whatever may be the opinions if some particular vLonlbs'^iie^^^ Church l,as not acknowiedged them no.- ever w'ill, as articles of ViS, ^arSpl^: The very reverse, it holds as a certain and necessary maxim, obedience m H,« political to tl>e supreme temporal power; looking to it ' as Us SotS aS tlL ^• religion, and acknowledging all the rights of tlie S)verf.ianTu vLhT f f»a.that ot conceding to it on the1el,riuciplesr£" igtthat Lo^£o^^ except persons of his approlmtion.\hat they Ty ."ot be sSspe^^^^^^^ a right that has been constantly exercised by all the SoveS-M "oKon/ 1 l ' ' part.cularly by the Kings of Spain from the most r^^iote t n e by tl>e ex^n^e^ '""'" bations cf the antient Councils of Toledo, and of tL Ses o Ah,.^ P^™" . -o nevei- confirm any IVelate, but such as 'are preseutS lyZ Span h mJuS Ihese acknowledge the Pontiff's supremacy only in spiritual concerns wi^i ceding to him a right o.- power of any kind in politicaUftS, on wlS aitnt tZ keep and have always reserved the right to examine the Hulls mRr^Trlnf ^ are allowed to be published, but when apprS oTby U.e K n. rn u PS' """t ""T and others .dative to this matter, we Le n4 author "oT hig"^^ ^^^^^^^^ ma ion; and amongst them of very particular merit, is the work "THp Zl T't Judgment of the Coi.de de CampVnaaes on the Monii'or'i:?eV„'a;^;:bffl Salamanca, 2oth July 1812. To His Excellency Marshal Beresford. (Signed) Josef dc Ai/uso. (Third Enclosure.) Translation of a Letter from the King of Portugal to the Cardinal Patriarch. r- »u r. ,. . « . 23rd August 1770, 1- or the Cardinal Patriarch; Royal Letter. iisL?/''.U"lioiTrH""^ most Reverend in Christ, the Cardinal Patriarch of ..soon, iny beloved brother! 1 Don Joseph by the Grace of God Kinir of 1 ort,,gal and of U.e Algarves o« both die ci.tineut. of Europeld Mica, Ld of 8 P A P E H S R E L A T 1 N G T O J n k of Guinea and tlic Conquests of tlie Navigations and Commerce of Ethiopia, Arabia, Persia, India, &c.. Do greet vou as one whom I love and clierish : Wlicroas with the just and indispensable motives which constituted the basis of My rreneral and perpetual Law given in this Palace of our Lady of Ajuda, on the sixth day of May, of the year one thousand seven hundred and sixty five, issued for the purpose of preserving and keeping in full force and vigour, t!ie inviolable observance of the laws and the ancient and laudable customs not only ol this kingdom, but also of all other Monarchies, Estates and Sovereigns of I'.mope, x\ ho are the most dis- tinguished for their veneration to the Apostolic See ; 1 commanded that the Lulls, briefs, decrees, order's, mandates, decisions, or any other rescripts and mandates of the Roman Court, should not be acted upon until I had lieard the Attorney General's opinion respecting them, and tliat after they had passed through the usual forms and examinations, I had granted My Royal Assent : And whereas My Royal iind Pious intention expressed in the said Law, v as to maintain the temporal mdepen- deuce of My Thione, the constant firmness of My Laws, the observance of the laudable customs of My Kingdom and (,i My Courts of Judicature, that by these means I might preserve the public tranquillity of the People committed to My care, witliout ever attempting to deprive the High Pontiff and the Tribunals of the Roman C'ourt of their jusl and lawful jurisdiction, in those matters which immediately concern them ; I tlierefOiC thought proper to explain you this Law, which I do by these Pre- sents; assuring you, at the same time, thai in the said law were not, nor ought not to be included the briefs issue>^ a Pcnitaidnria, or the ordinary rescripts that have anv respect to business between private individuals, provided these do not contain any inatter relating to or connected with any of the above mentioned points tliat constitute principles always unalteraLL, as they are directed to maintain the public tranquillity of My Realms and Subjects. To the Most Illus«^rious and Most Reverend Father, Cardinal Patriarck of the City of Lisbon, may God take you into his holy keeping! Given . t our Palace of our Lady d'Ajuda, on the 23d day of August 1770. (Signed) THE KING. An exnrt copy of the above was transmitted to all the Archbishops, Bishops, and Prelates, invested with Spiritual Jurisdiction in this Kingdom and it» Dominions. I 11. aOMAN CATHOLIC RELIGION. ii. Ko. ..-Translation of tl,« MANIFESTO of the Spanish Regency, relative td the Conduct ot the Archhi.ho, of Nicea, tl,e Pope s Kunci; in Spain ■ To the Prelates and Chapters of Spain, Tiie Regency of tiic Kingdom. UPON taking into My hands tlic f^''^l» ot the Cortes, the latelv abolished In u r o v ■ I ttro''i '''T?''"" "*^''^' ^'''''^'' '"^'^'^-J "^ in ordcr'that wbilst those decTee; ivere h ' .T< '^-^ "'"'' '''''^'^' "^''''^''^^' the convulsions .hich tl.rea3 1 "nt n^^^^^^^^^^^^ '^ f'— ^' ^'-" tcndini- to maintain tlic dianitv of the I o r, . , , ^'""^ '"^''^'^''^-s. equally ue o.ve the extinction of a^He . I iel l^t ? ' ^''^*7"T""''-V <^*" '"^' '^^ate! •circnnstance of having dcsired^;;!;;^ " "£ ^ ot'S ' Cln" '"'"TV ''" "" others with whom I had been in c()rresnnnVnf I V'''"-^ "'"' ^'om seme tions, and other documen s t at ^rEr T'"''' ^"'^^' '^ '^'''' ^^^«"'"- ^ver^mentandtheoHendaiw.^^.^a^th^^t;^ 'T'' "^" ''"^ ''^'' ^'' *'^^ discovery .utho, and the L,er to S u'S^S U.etZ>r"'' "' '"^ ''"'"^" "' '" Spain, to the Dean .,.,1 ^M.. 1 S ' .." ,V^. "": ".'"V.^""'^'o of his Holiness tor Spain, to the Dean and ('l.ap • 7 t ^ (iZl.-. % xr 'r' ""l^"' ""'"''^«» March last; i" "hiclUie e.:^o^^., o, to L-^^^ "t Mala.a~(,) dated ,^lh of His ALyctys decrees concern n!'' ^1 Uicm ^-r' M "['''T' ^'"^ ^^^'^"''"" i'P|HnuTdbyhssi«naturefoactinfl,.f M, ' ■ • " '*''''' ^f^'verend Nuncio i.een done to the JIulv See, in t . ST ^ f ' 'T^y.^'^' '-' ^'I't'"^"' '^" '''^^'^ |..-on.ul,atin, it in the parish " mr 1 ' ^ s sa s^h ll'"^^ !''^' f'^'''-^" <- .1..W rc-ident in this to'vn, had it in c inten nhf ? ' '"""'' '''"' "'" ''''''"i'» tiKT could nut put those ice i? to n S^^^ 'l' .'-r''""""^'-""^ tiKir (;hapters,-at the same ti. t^ , ' """^''^"J' ''"^' ''^""■^1 U"; opinion of in.inntion tha.'tius .'i^i," W :; t^uL^.^^''^!'''''', ''f'^f ^''^'"'''^ ''^ the He further states, that the Chant.r o t! r ^ '"""i-stramrs upon tin- inattcr. rxccute the Deere; upc.n v ie L> x , a U "r "' •"^'■' r?""'' '""' ''"^■'"'^•J »" coadopt the opinion if al Ic^Vel ' 1. " >,f''''''' ^^* '''^' V''-'"'^"'' '^^^ ^"^^"'"S't an.l endeavo.ns to i.ersuade then t ,1 V' '"='^"""::5 "P"» tl"'"' iii.-')hedienc°) ^trate (■..), in the na.ne of i" 1 .l "','" '""' ,''""-''' '^ '"^ <'"'y to rcnnon- -n.e were ,bne by^a "L "l^" L , 'S'tTV. 7 '" I '''^' ."'' •''" ''"l'^' ♦'^'^ l'i«'".is.-ofn,unnu;u,.ain.,o Lr di.r t ': ' T ^'^ ''"'"' '"'^ '^'"'■'" "'''' '^ ;;;;.. K.uid ... ,.., .:^.., ,..^; litr!!: ^t^^T '^^^ •; - :i-;'r til ' ".;'";;i:"^*;:^;;r;j;::.j:!:;;;r^ iiht^i Jiev. NiJiic J IS. II .-0 II .ipptiir, tint li,. ( lem ov t: iincio, trampling on tlift io PAPERS RELATING TO THE first principles of internatioivil La\v, overlooking; the boundaries of liis public mission and abusing tlic veneration in ^liicli tliis pious people hold tlie Legates of the Apostolic Sec, has endeavoured to promote, and artuaily has promoted, under the cloak of Religion, the disobedience ofsoine very respectable Prelates and Ecclesiasti- cal l)()dies to the Decrees and Orders of the Sovereign Power. If the most Reverend Kuiieio had only intended to act as a Legate of the Holv Fatlier, and to avoid any expostulation, to wliich lie niiglit con jeivc himself exposed for his silence on the present f ubjcct, nothing obstructed his way to me through the medium of tlie Secretary of State. I might ovcHook his avoiding tliis regular and oflicial means of communi- cation, when In, remonstrated as he thought projirrupon the matter, and should l>ave attributed the informality of the conduct wliich he chose to adopt, to inaWvertencv or rather to an access of conlidencc. I should iiave only paid attention to his aV'Tu- nirnts, and, with the advice of ihe .supreme Congress, taiien such resolutions as tli« detenee of the Holy Chureii and the temporal good of tlic State, demanded with one voice from me. Tiic justice of the national cause makes me feel quite confident that, had this l)een the case, I should have salisfaciorily answered the note of the most Reverend Nuncio and that I shoukl have been found equal to meet those vague and common-place ar"u- mciits, whicli tilt; \\isdom of tiic mo>t August Congress lias already defeated, fjis ^measiii'jss would have been eaimeil when he siioidd see tiat the abolition of the Tnf|ui>ilion c;m, by im means, cither cnchmiier Iteli^ion. or injure the ri-Hits of the Roman Pontiff; and tliut all the fears which he f ntcrtdns, on that account for the j)rni)ary ot the Holy lather, and the supreme authority w!;;.ii he holds in the'ciiurch are most vain and ungrounded. Jlis (lualms would iuive been allayed, eoucemin.' the imj)ropriety which he seems to find in the circumstance ofdeclarin^ to the |)eoi)l'e during tiic celebration of Mass, that a tribunal uhicli was established,"' a«d (or three centuries protected Ijy the Popes, is useless, injuriouB, a4id contrary to the laws of the kmgdom. In fine, he would have sceji that the August Couir.-Lss, in this nurelv political question, has acted in virtue of its sovereign authoj-ilv, HJthuut injuring' iij anyway whatever, the rights of liie Holy I'atiier. or, nuich lesMhoso of tlK"ti,ili^)lic' Cburcii; so that tiiry might, either now, or in futui-e, be in need of the xemonstr.mees ot Nuncios or Councils. Rut the private letters, which under the same date as the note, were wrttten bv t' e most Reverend Archbishop of Xicea, and the fact of his having mentioned tiiereirrili it lie forwarded a remonstrance to .the (Jovemuient upon the subject, are drcuinvtanco* which eleaily prove that whilst he l»etrayed the secrecy which he hitiiself recommended he anncd not merely to avoid the charge of negligence iu the fukilmoK of ^ris office* but rather to raise in the pious clergy of Spain, and by their means in tl»6 People ut large, a (tistrust of the temporal authorities which be thus *frove to df5ery ; and t» checlc their infiucnce over a class of the Surte, the members of wliich by reason of their cons|)icuous rank, ought to be true saiu|)lek of subordinauoii and .Ijedicncc. This unlookcd fw behaviour of the moot Reverend Nuncio, has comproitMsed the honour of the National T^ongress, the sec»irtty of the Kingdou), t;ie autlu.rity of the EjiL-copal Order, the true rights of the Roman Pontiff, and the rcs|)ect which ia due to the Cliureh. He, on the one hand acknewledges in his note the authority of the C^rte.s, uhiKl OH the other, by iHeans of a secret correspondence, he sow* (hsaffection and msubonlin.ition amonget the Spwrnb Cleri.'v. In the character ol a j)ul.lie Lnvoy he makes aiiplication to Ihe Supreme (Jovernment, clHiming redn ss ; MiiiLstasaii individual Prelate he sjfrcadfi jM^vate letf'irs tending to the disesedit of that very (iovernmcut. Wlien addressing the Rr^enev he conjia-es tiie ze:,i of t c Minister* of Heligiou; and when sj^aking to iIio.m' .Miiii>fe!s, he insults th;:i sana Ueii^ion, by iiiakiiig it a tool to foment the insubonhmitior' which it CM;i(!..inii . \Vitli ihc (iovernment he a.^sumes the character of a delegate of tlic Holy ! ,ilh(;r, ulio U thereby to be suppo.sed incapable of iiuiking an ill use ol his ml ion ; with the Mdyeels of tiiat (Jo\ermnenl he becomes an inliigiuT, u .sriiet agnii, really to uive tiieni private intelligence of the progress of that diw.bediou;e, of which 'he is the pronu»tur and foUeicr. .\s a Nuneio of bis Holiness, h- .iHbcts mi eaui r desire tor the concord of the I'.mpin' and the )'rie.»fh(.od ; as an /v.chbishop he stTives to l)nrst asunder the only bonds which keep them tog(tlier. What might not the nation fear from this ihrncn Prelate, who. forgefin" hia digmly and the <-hiiiaet(r of his mi'sioii. traiislon.s th.. !{,.].,.•. ;;i.n.! ..;,,. ,,, !he]-u| A't the Church into lui a; " " nl ol pelij inleresLi, very diQ'crciil lio»n ih' >iu Ol 'lie I'limiicj nOMAN CATHOLIC R E L I G I O ?7. ,/ primncy of order and jurisdiction which bclon''' ^'■? '"*'''"''^* "'« the cooperation and snpjSor^ of the Rev'^i N^.^^ 'LT W ',"' "'? .I'^"''^ "^' representative bodv, und to the govcMYimcnt wi wS f^ . ^"^'^ ^"'''' '« ^''" iiulcpendoiK-e. " " "' " ^"'■'' ^^''^ "''^^'O'^ repose, its hopes of Tlic Spanisli pcopk- are ftdiy avvar«, that the Decrees of tl«^ Cn,fr.. i scope but the combined support of the Catl.nlir Sf ^ '^^ ^"^"^ "o other of the kingdom To sl^ke h iust comi io '. ^'^ ^1" *'^"'*''''''' Prosperitv g-afted on it, was the object of C " trs nd'^ihosJ"''-"" J' '^ '"P-^^ "'"''' «'•« which the Most Reverend N^nJ , sL nn-t H .' ^ '"J'J"ct;ous of secrecy with This iih,strious person;!e has t erS^^h^^ ''•""^'' " '^'' ^'''^l'^"' "*' ^'=^'1^^- the consideratio.1 due to'the X^at f C.'^ssT^r^Ti.^ ",''T '^^" "^"«''-' *« a Catimlic nation has si>elt.Tcd Imn n irboso.'n 1? <--on'''lonee w.ih .vhich over, rocpdres tJ.e n.ost pctect iu;"-,^;! ^i^ 'STi 'rhi t !""'' """'^ '^ aimgUS^c with tyranny. He has UrK\,\n^ rl,>,». ? • ^^ '"' ^"ecess m her ^^ 1.0^ interests he pSt.nds o p , ot. bv ll ^'■''''Tp- *» ^lic Christian Religion. Father, whose disaj,probatio . of 'ic^, I r l^ T "''^ "'''' ''""''' ^'^ ^"*-' i^^l^r is ensured by hi, Icoic vlues *' ^,';"7'-t ^o."l'e'>'y "t variance ujth the (io.poi tensions of his Co . t,~nay ev mi l^s muinn S • i! T'=" k'ngdom, the prc- among.t the people. The t' s^te, d" h 'm S^^^ "" 'l^' ''3'. ^'"^"'^'-a.in. rebellion evils which the Lptivi.v of the I ^^ th^H ,f Z£^^^ '' ""* "*'^'" «'-'^^^ -^.in, In. the special care of l>i^K;;W '^ff ^^^ [^ il^'-.H"!''"''"" = "'"^ Jkit stich has been the loyalty and obeihence of „ M 7 , consequences. Sp.in, t!:at they have aduiUalLTO^^^^^^^ "f "'« ^"''"Pters of Nuncio s letters. ppa- cnriy uncivil touise, ot not even answering the ,uJ':s:o hSii; s.rrti:;,"is>;?;r"^'- vi' '--'^ ^^■'"^" •- ^- opportunity <^f opposing upon t .' d l ?'"' ''''^ '"'^''" "•"'^'^P ^' «""=« should not be ^../thy <,f thi trus „hid ?i,o n 't'^ '*"'>' f '^"'' "•''^'""•- "" ill >'<'t snthM- i^, u foreinn 'Ste who LS . "";'' f '" " ''^''^""■^'' '^i-^''"!'- 1 "f - "'"' ^'^'^e'iity to call Policy; but I cannot^l bl^^ Z- TZ T T'"'^ ''"'"^ "" "'""'^ ti..s particular instance, would be hi^h^;^. , i^^ K^'ZuMr' *" connivance ia -1 the ru,nous consequencvs u hich it .ni,i;; li:;!' ^1!:^ th^l^ll^tl^!;'^^"^^ "' ''- -^ I bear in mind the unwearied zo'd uitli „i,;..i. , . o- authority against the inUcniins^f t rou;;'ot 'Iblm^'lr" ''"^'"'^'' "'^^'^ ':''t l!'.cls might contain some doctrines or dec^n ntr ,0 , ' "'T ^"''"^•'"" Cnnvn, inu been ikvuu'.l .ulhrient r<'-,Mjn r, u.^. • ^- ''V''"-' '"'"'*'^''-' '^l ^-''^ fxnn,ined and approu-d by (io ' „ , , j W ^ "" '"'f''''^^' "'»*' "'^v ar. f;li t>i>pcari. 1 to .'"•;■" " ""••-.in. ,0 the Inns, ev3 X „cb ' ' r ""' '^"'^' r'"'^'' '"'^'''' '"'^« .l'"lo"^ of its unalienabN: ri^r|„, is , ow do, l" , V.'T;''""!'"^ "'"^•'' '"'^ ^^''" -^o M.res «,«in,t an «g.nt of Tl t' u "(t \, h "l "'" '''?• .'""'t ^''^•••tual mea- i"""l P>-li.-es. ,,KK.:noMrs to p C.te Zl or r i •■ '"'i'- "" *^* "'''''^""' ""•' '^-'<'e'-- "'"«•' ^I't nutanger the se ^ol l^g^'" Tli;; '''"' "">! P-li-r-d schis.n. ,l"^.t"Cf: but. ahliouuh I coiiceivr n,vj .• ( , I. ;, I ''^;'' '' ■'•o''-^ I'^'vc rou.sed n.y ^"'"^''' '" '"'"i '-I iUi: tor the re :l : ^ ^ ;;;;:l"^"^''' l^"-"" '- trans. UtS DECREE ?3 PAPERS R E L A T 1 N G TOT H E DECREE. " THE REGl'lNCY of llie Kingdom expected t!wt your Excellency bavviig rcgaid to the public cliaractcr of a Legate of his Holiness, with wliich you aia accredited, to a Nation equally lieroic and religions, wouidliavc kept nithin the limits of that character, forbearing to abuse the consideration with wliich the JSpanish ti^overnment has continued to acknowledge you in an Eml)assy, the legitimacy of which was rendered very dotibtful by the captivity of the Holy Father and of our King I'Vrdinantl VII. as well as from otlur circuuistanccs. His Highness relied ou the stron;: motives which might and should have regulated your private conduct. JJut he has now beheld w ilh surprise tlie steps which your Excellency has taken on thu alliiirof the Inciuisilion. When on the ^th of March, you presented a Note to tlie Pre- .sident and Supreme C'ouncil of Regency, that very day as Archbishop of Nieca, yon wrote to the Chaptersof .Malaga and Granada, and to the .An hbishopof ,Iaen, cxhoit- ing them, especially tlie two ilrst, to delay, and even refuse their acquiescence in the Decrees which his Majesty had issued cenccrning the establishment of Tribunals tor the Defence cf the FaiUi, instead of the abolished Imjuisition, anil for the publica- tion, in the Parish Chuiches of a Manifesto of the Cortes. Your Excellency was not contented with writing such letters as might, through the perversion of public opinion, lead to a schism upon that delicate and hnportant sidjjeet. Besides this, your Excellency had the boldness to betray that secrecy, which you had reei)mmcn(ied 141 vour Note ; at the sauu; time that you enjoined it to the Chapters and IJishop, in order that they might look upon you as the author of a scheme, which tended to stop the exercise of the temporal authorities, and promised them to transmit intelligence of every circumstance, as it should take place, which might contribute to regulate your couibined plans for the future. A conduct so contrary to the law of nations ; a conduct l)V w hich, overstepping the limits of your public character, your I'Acellency has availed yourself of tl)e imniuuity which that character enjoys, that you might, as a foreign Prelate, organize the resistance of those individuals, who by reason of their rank, shoiilil be true samples of subordination, cannot be looked upon by his Highness with imlilierence ; much less when you represent that conduct as an }m|)ortant and iiurr-^iiensable ^ervice due to Religion, to the (.'hurch, and to our most Holy Pather, wlmse authority and rights, according to the opinion of your Excellenev,- arc wounded by the Decrees in question, without their favouring thereby ihc E])iscoj)al Dignity; his Highness is horror struck r.t the consideration of the fatal <:onse(juences which threatened the State, and which naturally nuist have followed the advice which your Excellency has given, supported as it is by arguments of Micli ail inllauimatory nature, liut althungh his oliice, of (iuardian of the state and Dd'eiultr of religion, fully authorized him to order von out of these kingdoms, and >>ei/e upon your temporalities, his di>sire of evincing the veneration and rc^jiect which tiic Spanish nation has always had for the sacred person of the Pope, and the fear of i)o\v inerea>iug his sorrows, have dissuaded his Highness from resorting to that measure. His Hi;;iiness has limited himself to eonunand, that the disapprobation of your Exeelleneys conduct lie expix>j-ly declared; as also that he expeets that your Excellency will keep in future witiiin the limits of your mission, without availing yourself again of tlie opportunity, which your character of foreign Prelate ati'oixK you, to take the same or -imilar .'-teps ; but that all your remoiislraiici's will be made to (iovernmeiit through the medium of tho Secretary of State ; and your Excellenev may lie sure, that should yon lunceforward forget the duties of y.)ur charge, his Highness shall find him-clt in the paiiit'ul, though absolute necessity, of exercising his lull power in tl": execution of those which he swore, to f.illil, wlun he accepted the high trust committed into His liaiuls. (iod preserve, &c. (Signed) To his T.ordsliip the .Archbishop of Xicea. Antonio CttllO }f(!IIUcl. Cadiz, April iij, isi.]. , 'ihc rea-;i)iis vdiiih have compelled .Me to this resolution, ami (he incontrovertible truths, Mi:ieh, ns prote»'tor of the sacred hrvs ol'tlic (.'liurcii, I iiave pointed out in Ihis .Mnnilesto, make me tru-t, tliat the worthy Prelates of the SptUii«h t'liuich, an. I li.tir ic. jKCtabie Ciiapleis, will eoiartOiite. i'V means uf ll.eir autuuiity mid sir.Uid U'iiniiu;!, ROMAN CATHOI.IG RELIGION. learning, to the fulfilment of the j^ood wishes of the Sovereign Congress and Mv own m favour of Religion and the State. '^ '-"•'oitbs, ana My own, »3 Cadiz, April 23, 1813. (Signed) Z. (Ic Bourbon, Cardinal of Scala, Archbishop of Toledo, President. NOTES. (1.) Most illustrious Sir,~Mv most rpsnpptnrl *;;. t-i >, .. Cortes, the Decree addressed to^!^I isZ ft f '^. ^'^e M,„ ^^^^ ^^ ^,^^ foliovving Sundays dunn.higiMnass and stS^ 'eadm. ,t on the three first the Inquisition, "to vvhicira f ribundis ub itu e 1 l?.^^^^ "^°'"'«" "^ Faith, are on the eve of publication. '"'"^"'' "'^'^ "'« ^'^le of Protector of the and so the, .ill gain time to exU ".:£:;j;ti^St u?o:fS:e S^ir ^ «nf tthl;'n:^^;i;t[^;^^'L:t r:^ -^ ^^ i^r '^- «f th^r vic.. Decrees. I have tieonied , v ZvTZln .•""■,' "''' ''"*"^^' ^° '"^'^^-^"tc the against the Decrees, un c he? are nrevio v ^ ' "\ f ""'"^ "^ '"^ ""''»^««. Pope; or,inhisdek-t,bva"?tio:iKn if' iSifnl:' "'" ^^'''^™"' '"^ ^'^^ information to yotn- lihi.trious hord.hirr u tin. 11^11 1 ''^ *'' "■'"'"'" ^'"^ you ^viil conform yourselves with the n [lion o fll th, o P T ""^"7""* '^"■^'"^^^ a great service to reli.ri„n to thr(Z 1?^?^ V '^^' ^ ''"''^^^^ doing thereby authority and rights arc" v inn- cd w^^ ^{ost Holy Patha-, whose ^, as U shall ta. place, ^.^^Z^^tll^H^^^^^^^ God preserve, kc. Most Illustrious Sir, &c. To the Most Illustrious Dean and Chapter''*'^"''^^ ^' '^'''^'^'''"'P ^/Mcea. ol the Holy Church of Mahu'a. Cadiz, March .5,1813. ° bitil^:?,SZt!t;^^iS:n;:^t'*'H^^^ ''^'' ■" ^-^ ^--"t the Manifrsto a„d Den of " A 5 ^T, ' 2 "'' ^^V' *,";''"'?!'"« ""'' ''"'"'^''"'S t'ilHn,al olthc Holy I,„,,is tbn to f bc^Z^ul'^-Mf f.A'^i-ty declares the the .Monarchy, an.l subs imtes anot n S u .""•'' ^'""^'it"ti^"' of protect th.. Catholic Apostolic Jo' J i „ ' "'T'"'"^ '" "'^^' »'"' J"''' '"^ , of idl others, hi. MHJcMy I as o 1 . 'S, ' "v' '"" ""''' "'"'-■'' ' ^^''"^i^'^'y Npaninnis, te, I., na. re res ect h- 1 , ' ' . ^'' '''''' ^'^^ ^"">"g the rmtivo one . xceed my punc uaC i d-'^h /h''*:'^ "'='' ^^"""1 ^'^T''^' "- "iH any q...-s.ion beh.ngs to ,h. ( I " , ,, if ' .1 -^^ cou.m.nal.. iJut the M.bject in l'i,ul.iy i.nportant nature a n^, "^.i, /' ^'^"''^ ""'' "» « very '"av M.ll. irrr„a..b .' , r at'" ^:''-'"" '' "r^"''^^' ""'' '""» "hid. ,{ "ln.l. "asestai I ilu' |,v '^'l...^^ ''"''.'''.;^ ■-"'"-. ^" '''' -'i'l'-'^-sni or abulished, Au.Lonty over t e U n ■ ' ^i "' '" "r* '■^r'!'''^'; ''< '-'^ J^rinmcy and Supren.c C:a.h..lic-rai,h.and\;;; li , n^';;':^^^^^^ - «'- preservation elf the I"-- uhich his Holiness hml'd, J u ■ ' .Ji '. ''^' f^'^'-'f "'^'""'^ ^'^-^ 'ho ♦■""ined to me by the :>ri.tof ,nv I 1 f' '""••'■ I" >uch a ca^e, and being mi .hiu.s concen^n,",'"": , I. f hi luahl'n /''>.'""'" r,''"f'''' '-^'''■""" '^ nUKaM,f,h.,:,oph,„ndt lelZr r^^^^^^^ ■■''"T.ddutics.ii; „i,, H," "^^^ '.• '""tld be Mnn(h,.r,o all these Ai.o>t.-iic 1..;.;.. ; u ;' ; : i?;;:;;:'' '^/^ '"^" ^''"-"-' j^i'--.yofan ^'n^dlvuoundsthrri.la ? '"'^"^ acliud '11(1 plllliilCV Ol (In- Ho!!!;!l) Pfint MuTssary u„,l bu.eliciui to thtChurch and" the 1 11, who cstnb:i=[icd it UH ai« D aithtul. Wliai can hcucei'orunrd prevent ,4 PAPERS RELATING TO THE pivvcnt Uio (i;;hinnt.i(>iM>f tliiit reverence raid submission which all Chi'istiaiia Om e tr>' tiled ciMijus 01 t!ic \"\r.\v t.l'ChiisI, the visible heiid of tiie Church, when in iler very bo-om and (hniufi tJie lioly sacrifice of the Mass, they siiall he told that a Tril>uiiid e't;iiilihhe-l, kept up i'.mt dsfeuded for three centtnies, under the sanction ot iheniost H'V(r.' penairics hv the Popes, is not only useless, i)ut (htriniental to Reli.mon ilselt, a-'l coiitrarvlo die wise and just laws of a Catholic Kingdom?- It iiis liohi.ess yuw trie atthe present monieia, 1 should coirient myself with .mvinji; hiin notice ot this event; hut as Ik is, most uuJortmiately, kept in the captivity which wc so niucli !•!) I.ii UMU, I iind it necessary and indispensal)le to jjrotest, in liis uaim ii.rain^t an innovation of such inriuaicc in the Churcii of Spain, and which wiunds the ri"hts.of the Supreme Pastor of the Universal Church, the \ icar ot l(-us ChriM ;''and trust that voiir Holiness, led by your well known religious leel- i,,..s and consummate prudence, will take the most etiectual measures, in order that f e !Vu-'nst Coimress, ^^ho so ardent! v ~ IiKiuisition ; and also to give you tliis information, and Jet you know that the Chapter of this Cathedral, sale veicmi/c, with the approbation of the Bishops resident in tliis town, are determined not to put the said Decrees into execution, without the previous and mature consideration, which a subject of such weight demands. I leave it to the wisiloui of your most illustrious Lordship to make use, with due seen cy, of this Liformation, and regelate your proceedings according to. what you may dtein just. Ciod preserve, &c. Most illustrious Sir, &.e. (Signed) P. Jrdibiskop of Kkea. To the ^lost Illustrious Loiil Bishop of Jaen. Cadiz, March .0, i8i3- (4.) This letter is similar to that which tlie Nuncio addressed to the Dean and Chapter of Malagar, under the same date. Xo o—Kstract from the Code of (ieneral Law for the Pmsskn States, reliting to the ROMAN CATHOLIC Church : — Dated Jieilin 1701. (Part. H.) ()/ Krck.sm/icnl Finicfiomrk's hi gmrol. 1, In the Roman Catholic Church, § 114. seep Ol B^luijjs within the realm. tt. Their relation to the State. /\ T 'f 1 1 (1 1 ! f ; I r ih.' ( hurches of those relinious Sects, which liQVC been received ill the Slate, stand under ihediieclion ofthiir Ecclesiuslickil Superiors, slill the State eKcreises »5 ROMAN CATHOLIC RELIGION. exercises over them, through the medium of the Ecclesiastical department such n-hts, as constitute part ot its Supreme Power, and which have nut been exurcsslv Jjncls, &c. must alu ays be preceded by the examination and ap.n'obatiun uf the' ( I. ) Tmnmlklclif. ( A. ) Diocesan Rights. The Bisiiops in the Roman Catholic Church, are the Superiors of all Roli-ioHs I's tabhshmcnts situated in their respective Dioceses, and not expressly exc. M-ted from their jurisdiction. » ^ i '^ "um Their Diocesan Rights consist of the followinij : («) On their ai)probatioii depends the admission of Candidates to the Eccloias- tical Dignity. i-i-cicsiaij- il>). They have the Right of Inspection over the Clei-^-, who owe them obe- dieuce and respect. "*' ""'- (f.) Tiicy arc entitled to make Visitations. (d) To them belong the Church Discipline and Punishments, consisting either in Ecclesiastical Penitential Exercises, or in Penalties not exceeding 23 Dollar o ." Imprisonment, not exceeding the space of One Month. • '»!», oi m cise of Eccle- isoninent and Gioss nusdemeanors, also private actions originating in the excrci. smstical Functions, belong to the Ecclesiastical /f>/v/;," Long Imnris other Corporal Punishments tall under the Criminal Jurisdiction. {e) Their Jurisdiction may be also exercised in temporal aftkirs, if that Privileca be expressly granted them by the State. man rmieg© (J?.) Si/nods. Synods within the Realm, and consequently in a more particular manner Inviti tions to I-oreign Councils, must, as well as their Decrees, ho sanctioned by the Co r' nizance. Co-operation, and Approbation of the State. ^ » Immediately, in the Person of other Vicars. The IJishops are at liberty to exercise their Functions by Delccrates • but the an pointment ot Vica.-s General must be sanctioned by Government,\iKl i't is only then they can evercsc the Faculties conferred upon thein by the Pope. ^ Thejurisdiction of a Foreign Rishop within the realm, depcntls entirely on tho express permission ot the State. Thejurisdiction to to ei.rn , erbi 4lS tie hmitsof the State, must be exercised by a Vicar, whose a.nSrnt 1 ,, .jnctioned by Government; and he has s^.ictly to obser^e'tl^Zus'pJLcl^bedlo Formerly the Chapters of Cathedral Churches possessed the Con-n'- d'.'lirc in tho same manner as m England, though, at the same 'time, the recommcn aion'o | « Sovereign amounted to u viitual nomination of ,he J3isl op. I„ e vc 8.0- owever. even tins privilege has been abolishe.l in the Wussian 'U^ a ul ]'«: ^SSXtZTTtZ '"^"^'- ""'"^" '^^^' l^-lesiasticalVenc:h:;!srar: