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Blates of the empire, of the Roman tria, and which your Committee have communion, and those of the Pro- already detailed. testant churches.
1. As it respects the nomination of In examining and reporting upon Bishops, and the collation to Ecclesithe state of the laws and ordinances astical Benefices, “ no further admisof the Austrian dominions, and of the sion into Austrian Lombardy was alproceedings and result of the Con. lowed of any provision or collation to gress of Embs, your Committee have any clerical benefice whatever, which gone into greater detail than may be had, till then, been made by the Holy deemed necessary in the further stages See, by virtue of the reservations of their inquiry, as affecting other stated in what are called the Rules of states. The ecclesiastical code of the the Apostolical Chancery." Austrian empire, regulating the ex “ The Archbishoprick of Milan, as ternal discipline of the Roman Catho well as the bishopricks of Pavia, Crelic church and its relations with the mona, Lodi, and Como, were de. See of Rome, has implicitly adopted clared to be at the immediate nomithat, which constituted the more ge. nation and presentation of his impe, . neral law of the empire of Germany, rial and royal Majesty, who would, anterior to its dismemberment: and however, with regard to the four latthe proceedings of the Ecclesiastical ter bishopricks, principally appoint Electors of the Empire, in conjunc. those subjects that might be recomtion with the Prince Archbishop of mended to his Majesty by the Pope.” Saltzburg, at the Congress of Embs, But before they entered into possesalthough originating with themselves, sion of their respective churches, both were sanctioned by the Emperor in the archbishop and bishops were obhis character of Advocate and Pro. liged, like those of the other Austrian tector of the German Church. For doininions, to take a special oath of these reasons your Committee were allegiance to their sovereign before induced to be more particular in their the imperial governor. Report, under the preceding heads, II. As it respects the intercourse as well as in the selection of authen- of the ecclesiastics of Lombardy with ticated documents substantiating it. the See of Rome, it was expressly de
clared, that “ the sovereign right of III.-The States of Italy : The Mi- the Royal Placet and Exequatur re, lanese, and Austrian Lombardy. mains in its full force and exercise.
But it follows, of course, that bulls From the hereditary dominions of concerning dogmatical points are subthe House of Austria, and the Eccle- mitted to the royal inspection, only siastical Electorates of Germany, your so far as this is necessary to ascertain Committee proceed to those Italian that they are purely dogmatical, and States, which, by the recent arrange that they contain no improper arti, ments, have for the most part been cle.”-Applications to Rome for disre-annexed to the Imperial Crown of pensations in matrimonial causes, were Austria.
allowed under very similar restric, To the Milanese, and the whole of tions to those which have been al. Austrian Lombardy, the Emperor Jo- ready stated to prevail in Austria, seph II. extended most of those re and it is expressly declared by an gulations which still constitute a great imperial edici, that “ he who wishes part of the ecclesiastical law of Aus. to have recourse to Rome, is to apply
to government and to expose his mo. ceived in like manner; and if any tives, and wherever these are deemed thing of consequence occurred on frivolous or insufficient, government such an occasion, the government was is to dismiss the petition ;” but if to inform the chancellor of it.” Inthey be found of the nature stated deed the generals of such of the orabove, (that is, for matrimonial dis- ders, which were not suppressed, as pensations,) “ government is to ap were allowed to have generals at all, ply to the King for his permission, were to be nominated by the Archand when this is obtained, it is for the bishop of Vienna : for the first class bishop to solicit the papal di-pensa. of monks, for life; and for the setion for the parties.”
cond, for seven years; the third not III. Under the third, or miscella- being allowed to have a general, and neous head of this Report, may be the fourth being entirely suppressed. stated, “the royal right of superin. That it was strictly prohibited to tendence over the episcopal semina- every person to dispute in future, eiries and other colleges for ecclesias- ther viva voce, or in writing, for “ or tical instruction, which was directed against the propositions condemned to be enforced with regard both to in the well-known bull, Unigenitus ; the discipline and the doctrines taught professors of theology being directed in the same."
to confine themselves to give their The censure of books, which was pupils the necessary information concommitted to the royal censors, which cerning the existence and the con. regulation was not, however, “ to tents of the said bull, without propoprevent the bishops making, as form- sing any thesis or controversial arguerly, their representations to govern ments or disputations concerning it." ment respecting the books which they From the very recent restoration of deem injurious to religion; and, in Lombardy to its former sovereign, case of such a remonstrance, govern no information has yet been received ment was to determine how far it how far these laws are still operamay require a remedy, either by ad- tive. vising the Emperor to prohibit and In the Appendix III. (A) is in. suppress the work, or by soliciting serted an extract from a work printed orders to be given by government to at Venice, under the authority of the the royal censors, according to the government and the inquisition, in regulations in force in Lombardy." 1783, which corresponds with the
That “all monasteries were ren« preceding statement. dered so entirely independent of any foreign jurisdiction, that the law of IV.--The Venetian States. Lombardy only allowed the provincials, or heads of national congrega. In the Venetian States, during the tions, who might have been newly period of their independence, it apelected, to apprise the general of the pears from the information adduced, order of their election, by a simple I. That the two Patriarchs of Ve. letter of notification, under a loose nice and Aquilea were chosen by the seal, which letter was to be laid be. senate, and that the latter, whose jufore the government, and if it were risdiction extended over all the con. found conformable to its regulations tinental possessions of the republic, the government was to send it to the was compelled to choose a noble Ve. imperial minister at Rome, and the netian for his coadjutor. answer of the general was to be re. With the collation of the inferior
clergy to ecclesiastical benefices, it vals, and before the age fixed by the also appears that neither of these pre canons for ordination; the number lates were permitted by the secular of priests (says the deeree of the sepower to interfere.
nate) being but too large alrcady, On the vacancy occurring in any without being admitted at an improepiscopal see, the names of three ec- per age.” clesiastics were transmitted by the All subjects of Venice are, by this senate to Rome, and the requisite decree, expressly prohibited “having bull of institution was sent by the recourse to Rome for any sort of disPope to the first on the list.
pensation whatever that can be obII. As to the intromission of papaltained from the bishops ; and in all bulls, and appeals to Rome, the se cases when recourse must be had to vere struggles in which this Republic the See of Rome, it must be through 80 often engaged with the See of the bishop, and without expense.” Rome, from its opposition to these Your Committee beg leave to state, and other claims, considered equally as a further proof of the jealousy eninjurious to the state, are points of tertained by the government of Vea history too well known to require any nice, of the encroachment of the ecother notice than a brief statement of elesiastical, on the rights of the secuthe regulations which they were the lar power; that while the inquisition occasion of more firmly establishing existed at Venice, the inquisitors conin the Venetian states.
sisted of the Patriarch, the Papat So long since as the year 1483, Nuncio, and the Superior of the Dothe Council of Ten ordered all bulls minicans, but that three senators alfrom Rome to be sent to the Inqui ways attended their meetings, whose sitors of State, “ without the seals bc- presence was necessary to give valiing broken."
dity to every act; when the senators By more recent decrees of the disapproved, they immediately left Council of the Pregadi of Venice, in the room, and put an end to all fur1754, made to renew and confirm all ther proceedings. the ancient laws on the subject, it is The same reasons which prevented not lawful for any one, under any your Committee stating to the House pretence whatever, “to execute any the actual state of the laws at this bull, patent, brief, rescript, citation, moment in force, on the subject of monitory, or general letter, of what their Report, in the Milanese, opesoever nature it may be, that came rate alike with respect to Venice from abroad, if it be not first laid with reference to its ecclesiastical rebefore the College of Senators, to be gulations. Since the annexation of examined and licensed ; under the the Venetian States to the House of penalty of the nullity of the execu- Austria, the Austrian code will protion, and of such punishment as the bably supersede that of the Republie. quality of the offender, and the mag. The controversies which existed, for nitude of the transgression shall de. so many years, between the Republic serve."
and the See of Rome, on account of “ All those briefs are not, however, the ecclesiastical censures of Pope to be licensed that may in future be Paul V., would have been of more obtained, nor is the public permission interesting reference, had the Repubto be granted in various cases, such lic still existed. The works of Paul as to obtain holy orders, . extra tem- Sarpi are of easy access, and it is, pora,' not observing the proper inter- therefore, unnecessary for your Com
mittee, by making any extracts from the laws of Tuscany provide, “ that them, to add to the volume of thcir no other individual shall be appointed Appendix.
by the bishops, in all cases, to the
vacant benefices of free nomination V.-Tuscany.
and ecclesiastical patronage, than he
who, without paying the least regard of the ecclesiastical regulations of to any other private consideration, the State of Tuscany, the most am- shall be esteemed by the bishop the ple information has been obtained, most fit person, after the necessary through the exertions of the noble examinations held before him ; and lord, who is accredited in the charac- the Apostolic Dateria, notwithstandter of envoy extraordinary to that ing its pretended reservations, shall court.
concur in the selection made by the From documents laid before your bishop. Committee, expressly drawn up to af That “ the same mode of election for the desired information, and of- shall be followed, without any excuficially communicated to the British sable deviation, in regard to ihe first minister, it appears,
dignities after the episcopal, or any I. That, on a vacancy occurring in other of a free nomination or ecclesiany bishop's see, the Tuscan govern- astical patronage, the conferring of ment “ presents to the Pope the which may belong to the Holy See, names of four individuals, recommend- or to the chapters, whether collegiate ing, at the same time, by means of or cathedral, of the Grand Duchy, the minister at Rome, the one more however vacated in curia, or under particularly designated to fill the va- whatever pretence they may be concancy.”
sidered to fall within the asserted reThat “ in cases where, by any ex- servations of the Roman court.” traordinary event, the subject, so re If benefices are not granted accord. commended, meets with just objec. ing to these directions, permission to tions, the nomination and recom take possession of them is ordered to mendation is changed; but, if those be withheld. objections be either exceptionable, or II. On the Regium Exequatur. The untenable, the Pope chuses always official document on the ecclesiastical the recommended person, the three jurisdiction of the Grand Dukes of remaining being considered as objects Tuscany, which was officially comof simple formality."
municated to the British minister at That “there is no example in Tus- that court, distinctly enforces the necany of any appointment to bishop- cessity of the Exequatur, which has ricks having taken place in favour of always been the hinge on which have a person, other than the one thus de- turned the sovereign rights, and has signated and recommended by the been constantly recognised under the sovereign ; and if difficulties have Medicean government, as well as unbeen sometimes raised to it, rather der that of Austria, in the territory than recognise or accept of any other of the Grand Duchy of Tuscany; nor bishop, the see has been left vacant, has any objection ever been raised until the differences have been ulti. against this maxim, which has been mately arranged, without detriment preserved with so much jealousy, and to the original right of sovereign pre- observed in reference to acts derived sentation,
from foreign powers, and more espeWith respect to the inferior clergy, cially from the court of Rome.”
“ Every bull, brief, ordinance, &c. mined, and which is considered as is accordingly still subject to the Re- authentic, “ Memoria per servire alla gium Exequatur, except those which Vita di Leopold II, Imperatore de' have no influence on the civil state, Romani gia Gran-Duca di Toscana," but emanating from the Roman penis a work printed at Cremona in 1792, tentiary, interest only the conscience it appears that, in Tuscany, of individuals."
dates of excommunication were proA list of indulgences and dispensa- hibited unless provided with the Royal tions of this description will be found Exequatur." in the Appendix to this Report, in That for the same reasons, “ those the form of an edict of the Grand bishops of foreign states, part of whose Duke, granting permission to his sub- dioceses lie in the Grand Duchy, jects to solicit dispensations from the were obliged to exhibit the bulls of court of Rome, in the cases specified, their election to have them approwithout any previous licence, or sub ved.” mitting them to the Regium Exequa
That “ the Royal Exequatur was tur.
not to be given to the honours and But, on the other hand, it is dis- privileges granted by the ecclesiastitinctly declared, that " where such cal power, to the regular clergy and dispensation or favour carries with it others.” any other act or disposition, affecting That “ the bishops were ordered in any way the condition of persons, to communicate their triennial reports or their relation with society, the go
to the Grand Duke, before they were vernment has constantly insisted up sent to Rome;" and that “ when on their being (whatever tribunal may ever they wanted to hold an ordinahave issued them) submitted to the tion they were required first to send Regium Exequatur.”
in an account of all that were to be To prevent also all future attempts ordained, to obtain the Royal Exeat introducing the bene placitum of quatur.” the Pope to confirin contracts rela That “ the regular clergy were to ting to church property, the most se- study theology from books permitted vere penalties are denounced, not on- by the sovereign.” ly against those who introduce it in And, finally, that “ an edict issued any futurę instrument, which such by the secretary of state in 1788, introduction will render void, but also abolished, in all its extent, the tribu. against those " who read or explain nal of the Papal Nuncio in Tuscany, the note, by which it was established, and all jurisdiction of the said nuncio as binding beyond the ecclesiastical over the clergy, both secular and res states ;" teachers, public or private, gular, and ordered that he should offending against this law, being sub- merely be considered an ambassador ject to deprivation ; dignitaries of the from the court of Rome, and have no church, in anywise transgressing it, more power than any other resident incurring the pain of exile and of foreign minister.” confiscation; and judges, lay or eccle From the revolutions which have siastical, that of fine, deprivation and taken place since these last recited total disqualification for office. laws were enacted, your Committee
Connected with this branch of the have no information how far they are subject, your Committee would brief- sill in force, though they have no ly state, that, from another source of reason to suppose that they are not information which they have exa- fully recognised by the present go