The New Conspiracy Against the Jesuits Detected and Briefly Exposed / with a short account of their institute; and observations on the danger of systems of education independent of religion

by Robert Charles Dallas

we are to observe, that these privileges were granted them by a communication and participation of such as had been granted to the mendicant orders, and to the other religious, long before they came into the world; and, with regard to these, we find a decree in the explanation of their rule (art. xii, p. 447), that they are to make use of their privileges with the greatest caution and moderation, and with no other view than for the spiritual advantage of their neighbour; for, being bound by their fourth vow, immediately upon the first notice of his holiness's command, to embark, in order to preach the Gospel to the most remote and barbarous nations, these privileges become absolutely necessary in places where neither bishops nor other pastors are to be found. We may also take notice, both with regard to the bull of Paul III, and those of his successors, that there is a wide difference between their approbation of the first plan of the institute, or of the additions that were afterwards made for the perfecting of the same, and the privileges granted to that society, which are merely accessory to the institute; for these bulls, being written in the ordinary style of the court of Rome, the dispositions made by them cannot be brought into precedent, or have any other force than that which is allowed them by the pope's decretals and the laws of the kingdom, both which have long since declared, that privileges granted by the court of Rome, contrary to the jurisdiction of bishops, or derogatory to the due subordination of the faithful to their pastors, are of no effect without their consent, and, if they any way concern the state, without the approbation of the sovereign.

However, we find, even to the year 1670, that the Jesuits, as well as the other mendicant orders, used their

best endeavours to maintain these privileges, against the common law and the jurisdiction of bishops, on pretence, that the discipline of the council of Trent, which had abolished them, was not received in France. We read in the acts of our bishopricks, that attempts to this purpose were made by the Jesuits at Quimper, at Agen, at Sens, and at Rhodez, where, in conjunction with the mendicant orders, they carried on their suits at law for a long time against the bishops of those dioceses.

But since that time the Jesuits are not known to have formed any such pretensions; on the contrary, they have renounced all those privileges, which may any way seem to intrench, either on the established maxims of the kingdom, or on the liberties of the Gallican church; and, as they still persist in that renunciation, and have expressed the same, in the clearest terms, in the declaration, which they lately presented to us, nothing more can reasonably be demanded of them with regard to this article.

But to prevent any abuse, that possibly may hereafter arise, and to keep religious orders in due subjection and subordination to their ordinaries, after having examined, with all diligence, the complaints that at different times have been made by the bishops, concerning the attempts of the Jesuits, and of other religious, contrary to the rights of pastors and the episcopal jurisdiction, we have agreed on the following regulations, grounded on the canon law and the discipline of the Gallican church.

1. That the Jesuits and all other religious, who pretend to be exempted from the jurisdiction of their bishops, and to hold an immediate dependence on the see apostolic, shall not be allowed to preach or confess in our dioceses,

without having been examined by the bishop, or his vicars, or others, whom he may appoint for that purpose, and without being approved by him; which approbation he may limit or revoke, as he shall think fit.

2. That they shall not be permitted to receive children to their first communion, though they be their own scholars, without the consent of the curate or bishop of the diocese; and, during the fifteen days of Easter, they shall not hear any annual confessions without their permission.

3. That they shall send all their penitents, even their own scholars and pensioners, to receive the paschal communion in the parish church, unless they have a dispensation from the curate or bishop.

4. That they shall not confess any person that is in danger of death without advertising the curate thereof.