HC Deb 04 July 1815 vol 31 cc1098-105
The Chancellor

of the Exchequer presented, by command of the Prince Regent, the following Papers:

Bull of Pope Pius 7, for the Restoration of the Order of Jesuits.—(Translation.)

Plus, Bishop, Servant of the Servants of God (for the perpetual commemoration of the Deed).

It having pleased the Almighty God to confide to our humble person, notwithstanding the littleness of our deserts and abilities, the care of all the churches, We feet it our duty to employ all the aids in our power, and which the mercy of the Divine Providence has placed at our disposal, in order that we may be able, as far as the changes of times and places will allow, to relieve the spiritual wants of the Catholic world, without any distinction of people and nations.

Anxious to fulfil the duty of our Apostolic ministry, as soon as Francis Kareu (then living) and other secular Priests resident for many years in the vast empire of Russia, and once members of the Company of Jesus, suppressed by Clement the 14th, of happy memory, had implored our permission to unite in a body for the purposes of being able to apply themselves more easily, and in conformity with their institution, to the instruction of youth in religion and good morals, to devote themselves to preaching, to confession, and the administration of the other sacraments: We felt it our duty more willingly to comply with their prayer, inasmuch as the then reigning Emperor, Paul 1, had warmly recommended the said Priests in his gracious dispatch, dated the 11th of August, 1800, in which, after setting forth his special regard for them, he declared to us, that it would be agreeable to him, to see the Company of Jesus established in his empire, under our authority.—And we on our side, considering attentively the great advantages which those vast regions might thence derive; considering likewise how useful those Ecclesiastics, whose morals and doctrine were equally tried, would be to the Ca- tholic religion; thought fit to second the wish of so great and beneficent a prince.

In consequence, by our Brief, dated the 7th of March, 1811, we granted to the said Francis Kareu and his colleagues residing in Russia, or who should repair thither from other countries, power to form themselves into a body or congregation of the Company of Jesus, and to unite in one or more houses, to be pointed out by their Superior, provided these houses be situated within the Russian empire. It pleased us on that occasion, likewise, to name and appoint the said Francis Kareu General of the Congregation; and we authorized them to re-assume and to follow the rule of St. Ignatius of Loyola, approved and confirmed by the constitutions of Paul 3, our predecessor of happy memory, in order that the companions, religiously united, might freely engage in the instruction of youth in religion and learning; in directing seminaries and colleges and with the consent of the Ordinary, in confessing, preaching the word of God, and in administering the sacraments. By the same Brief, we received the congregation of the Company of Jesus under our immediate protection and dependence, reserving to ourselves and our successors, the prescription of every thing that might appear to us proper to consolidate, to defend it, and purge it from any abuses that might creep within it; and for this purpose, we expressly abrogated such other apostolical constitution, statutes, privileges, and indulgences, granted in contradiction to these concessions, especially the Apostolic Letters of Clement 14, our predecessor, which begin with the words 'Dominus ac Redemptor noster,' only in so far as they were contrary to our Brief, beginning 'Catholicæ,' and which was given only for the Russian empire.

We had not long ordained the above things for the Russian empire, when we thought proper to extend the same favour to the kingdom of the Two Sicilies, on the warm request of out dear son in Jesus Christ, Ferdinand king of that nation, who begged that the Company of Jesus might be re-established in his dominions and states, as it had been in Russia. This prayer he made from a conviction that in those deplorable times the Jesuits were instructors most capable of forming youth to Christian piety and the fear of God, which is the beginning of wisdom, and to instruct them in the sciences and belles-lettres. The duty of our paternal charge leading us to second the pious wishes of these illustrious monarchs, and having only in view the glory of God and the salvation of souls, we, by our Brief, beginning 'Per alias,' and dated the 30th of July 1804, extended to the kingdom of the Two Sicilies the same concessions which he had made for the Russian empire.

The Catholic world demands with unanimous voice the re-establishment of the Company of Jesus. We daily receive to this effect the most pressing petitions from our venerable brethren, the archbishops and bishops, and the most distinguished persons, especially since the abundant fruits which this Company has produced in the above countries have been generally known. The dispersion even of the stones of the Sanctuary in the recent calamities (which it is better now to deplore than to repeat); the annihilation of the discipline of the regular order (the glory and support of Religion, and the Catholic Church) to the restoration of which all our thoughts are at present directed; require that we should accede to a wish so just and general.

We should deem ourselves guilty of a great crime towards God, if, amidst the dangers of the Christian Republic, we neglected the aids which the special Providence of God has put at our disposal; and if, placed in the bark of Peter, tossed and assailed by continual storms, we refused to employ the vigorous and experienced rowers who volunteer their services, in order to break the waves of a sea which threatens every moment shipwreck and death. Decided by these motives, so numerous and powerful, we have resolved to do what we could have wished to have done at the commencement of our pontificate. After having by fervent prayers implored the Divine assistance, after having taken the advice and counsel of a great number of our venerable brothers the Cardinals of the Holy Roman Church; we have decreed, with full know, ledge, in virtue of the plenitude of Apostolic power, and with perpetual validity, that all the concessions and powers granted by us solely to the Russian empire and the kingdom of the Two Sicilies, shall henceforward extend to all our Ecclesiastical States, and also to all other States. We therefore concede and grant to our well-beloved son Taddeo Barzozowski, at this time General of the Company of Jesus, and to the other members of that Company lawfully delegated by him, all suit- able and necessary powers, in order that the said States may freely and lawfully receive all those who shall wish to be admitted into the regular Order of the Company of Jesus, who, under the authority of the General ad interim, shall be admitted and distributed, according to opportunity, in one or more houses, one or more colleges, and one or more provinces, where they shall conform their mode of life to the rules prescribed by St. Ignatius of Loyola, approved and confirmed by the constitutions of Paul 3. We declare besides, and grant power, that they may freely and lawfully apply themselves to the education of youth in the principles of the Catholic faith, to form them to good morals, and to direct colleges and seminaries; we authorize them to hear confessions, to preach the word of God, and to administer the sacraments, in the places of their residence, with the consent and approbation of the Ordinary. We take under our tutelage, under our immediate obedience and that of the Holy See, all the colleges, houses, provinces, and members of this Order, and all those who shall join it; always reserving to ourselves, and the Roman Pontiffs our successors, to prescribe and direct all that we may deem it our duty to prescribe and direct, to consolidate the said Company more and more, to render it stronger, and to purge it of abuses, should they ever creep in, which God avert. It now remains for us to exhort, with all our heart, and in the name of our Lord, all Superiors, Provincials, Rectors, Companions, and Pupils of this re-established Society, to show themselves, at all times, and in all places, faithful imitators of their Father; that they exactly observe the rules prescribed by their great Founder; and that they obey, with an always increasing zeal, the useful advices and salutary counsels which he has left to his children.

In fine, we recommend strongly in the Lord, the Company and all its members to our dear sons in Jesus Christ, the illustrious and noble Princes and Lords temporal, as well as to our venerable brothers the Archbishops and Bishops, and to all those who are placed in authority: we exhort, we conjure them, not only not to suffer that these religious persons be in any way molested, but to watch that they be treated with all due kindness and charity.

We ordain that the present letters be inviolably observed, according to their form and tenour, in all time coming; that they enjoy their full and entire effect; and that they shall never be submitted to the judgment or revision of any judge, with whatever power he may be invested.—declaring null and void any regulation made to encroach on the present our pontifical declaration, either knowingly or from ignorance; and this, notwithstanding any apostolical constitutions and ordinances, especially the Brief of Clement 14, of happy memory, beginning with the words Dominus ac Redemptor nosier, issued under the seal of the Fisherman on the 22d July 1773, which we expressly abrogate, as far as contrary to the present Order.

It is also our will, that the same credit be paid to Copies, whether in manuscript or printed, of our present Brief, as to the original itself, provided they have the signature of some notary public, and the seal of some ecclesiastical dignitary; that no one be permitted to infringe upon, or by any audacious temerity to oppose any part of this Ordinance: and should any one take upon himself to attempt it, let him know that he will thereby incur the indignation of Almighty God, and of the holy Apostles Peter and Paul.

Given at Rome, at Santa Maria Maggiore, on the 7th of August, (7° Idus Augusti,) in the year of our Lord 1814, and the 15th of our Pontificate.

(Signed,) A. CARDIN. PRO-DATARIUS.

R. CARDIN. BRASCHI HONESTI.

VISA

DE CURIA D Testa.

(L.S.)Registered, F. LAVIZZARIUS.

A MEMORIAL of the Tuscan Legislation in Ecclesiastical Matters; presented to Lord Burghersh, February 23, 1815. (Translation.)

Ever since the time of the Florentine Republic, the Tuscan Government has been extremely watchful that no authority whatever, particularly that of the Court of Rome, should infringe on its sovereign rights. To this end no act or decision of Foreign Powers were allowed to be carried into execution within the Tuscan territory, without the previous permission or licence of the Lords (Signori); nor could any ecclesiastical living be taken possession of without a similar licence, it being held as an unquestionable maxim, that the nomination to all vacant Sees, should invariably fall on the individual selected by Government.

After the erection of Tuscany into a principality, Cosmo I. established a particular office of Jurisdiction, which name it bore, filled, in the first instance, by the celebrated Lelio Torelli;* and purposely intended for the preservation of the Prince's rights from any attempt that might be made upon them by Foreign Powers.

This office of Jurisdiction existed until the period of the French invasion, and has since been re-established.

Various measures have been adopted at different periods by the Austrian Government, in order to retain in its own hands the Ecclesiastical Jurisdiction, and thus repair the injury caused by the considerable emission of money, which, under a thousand pretexts, found its way from Tuscany to the Pontifical Court.

The first of these measures was the law of Amortizzazione, now in force, by which the acquisitions of the Church were limited; and all persons or religious bodies, bound by ecclesiastical vows, were thereby declared as mainmort (manimorte) and incapable of acquiring property.

The next step was that of abolishing the jurisdiction of the Episcopal Courts in matters of pure justice, transferring it to the Civil Tribunals; the former retaining simply the power of taking cognizance of spiritual affairs, and of matters of conscience. As to what regards the pretended immunity of the Ecclesiastics, the Bishops were directed to transfer their authority over them, once for all, to the respective Courts at Civil Law; so that every Ecclesiastic, in common with all other citizens, has been equally subject to the measures of justice and police, exerted by the Secular Magistrates.

The tribunal of the Inquisition was suppressed, as incoherent with the benignity of the Church, and as inefficient.

The regulations of the Apostolic Chancery, with all the consequences thereof, established for the purpose of drawing to Rome the revenue of the greater number of livings, were wholly abolished, and the faculty of disposing of them, at whatever time, and in whatever manner the vacancy might occur, was restored to the Bishop. The same measure, however, could not be applied to the consistorial livings, and *A celebrated Florentine Jurisconsult and Statesman, who flourished in the beginning of the 16th century. He published a revised edition of the Pandects. they were consequently suppressed, and their funds destined for the relief of the parishes most in need of it.

In regard to the Episcopal Tables*, Revenues, it has always been insisted upon as a right, that the Pope's nomination to them, should fall on the first named in the list of three individuals proposed by the Prince to the Holy Father, for that effect.

The capitals and income of the Lay Companies, and of several religious Orders, which had been suppressed, were likewise applied to the same end, of relieving the parishes which stood most in want.

A maturer age, than had been determined by the council of Trent, was fixed upon as the period for making religious vows; and all kind of influence over the Convents in Tuscany was taken away from the superiors and generals of the same Orders, belonging to foreign nations.

The Bishops were directed to present a list of, and to solicit the Prince's approbation for the individuals who intended to take Orders; nor were any of the Bishops allowed to print and publish any pastoral oration, or circular letter, without the previous revision and permission of Government.

It was moreover insisted upon, that briefs and dispensations coming from Rome, should immediately be furnished with the Regium exequatur; and the subjects were further enjoined, not to ask for any more such dispensations or briefs, without previous permission.

As to the right of Regalia belonging to the Sovereign over vacant livings, a provision was made by instituting a royal board of Economy, under the care of which, all such livings were placed; with a full declaration, that the arrear should not be considered as due to the newly appointed rector, except in such cases where the Government had not otherwise disposed of them. This measure was extended to the Episcopal revenues, upon which the Pope was, by a Concordat, forbad to impose any pension, except on the two richest, namely, those of Pisa and Arezzo; and even in respect to these two, the pensioners were to be named by the Prince.

These laws, adopted and held in force Mensa Veseovile, means the maintenance, properly speaking, of the Bishop—his Family and Chapter—alias his Revenue. by the Austrian Government, suffered some alteration under the administration of the Bourbons; but never did a complete subversion take place of that ancient system of juridical legislation, which is again called into action at this moment, as far as the circumstances of, the times, and the confusion of things, from past events, will permit so to do.

23d February 1815.

Delivered to me as the Regulations of the Tuscan Government, by order of the Secretary of State charged with the Foreign affairs, Monsieur Fossombroni.

(Signed) BURGHERSH.

15 March 1815.