ispositions 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 {357} 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, {358} without having been examined by the bishop, or his vicars,
or others, whom he may appoint for that purpose, and without
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