of publick Convenience thus the Accessary becomes the Principal And whereas the Service of God should preceed all things and be the Rule of Civil Actions it will no longer be in force than while the Temporal Officers of Princes will be pleas'd to allow it I am very sensible that sometimes the Male-Administration of Justice of those who exert the Ecclesiastical Jurisdiction and the Tediousness of the Formalities prescrib'd by the Canons give a specious Pretence to the Incroachments of the King's Officers but it cannot be with Reason since one Inconvenience does not establish another but obliges to correct both which is what I design to shew hereafter I would willingly pass under silence the Pretension which the Parliaments have to render every thing abusive which is Judg'd against their Decrees to which by that means they would give the force of Ordinances if I were not oblig'd to shew that this Abuse is the less supportable in that they endeavour by that Encroachment to equal their Authority to that of their Master and of their King The Detriment the Church receives by such Encroachments is the more insupportable in that it hinders the Prelates absolutely from performing their Office When a Bishop designs to punish an Ecclesiastick he strait removes from under his Jurisdiction by an Appeal if in making his Visitation he makes any Ordinance the effect of it is immediately stopt by reason that tho' in matters of Discipline Appeals are only by way of Devolution yet the Parliaments make them suspensive against all manner of Reason In fine we may affirm with Truth that the Church is fetter'd and that if her Ministers are not blind yet their Hands are tied insomuch that tho' they know the Evil it is not in their Power to redress it That which comforts me in this Extremity is that what is impossible to the Church on this Subject will be very easie to your Majesty on whose bare Will the remedy such Disorders depends The first thing that is to be done in order thereunto is to prohibit those Appeals for the future unless in the Case of a visible attempt upon the Royal Jurisdiction and of an evident Transgression of the Ordinances which only relate to the Temporal Authority of Kings and not to the Spiritual Authority of the Church This Ordinance being suppos'd if in order to have it regularly observ'd your Majesty will be pleas'd to make a Regulation containing Six Heads You will at once put a stop to the Incroachments of the Church and of the Parliaments The First Head of that Regulation must order all Appeals of this kind to be seal'd with the Great Seal for the Parliament of Paris and that in all others which the Distance of your Court obliges to make use of the Privy Seal they may not be seal'd before three ancient Advocates have affirm'd under their Hands that there is cause of Abuse submitting to a Fine in case it be found otherwise The Second must declare that all Appeals made in point of Discipline shall be only by way of Devolution and not of Suspension The Third must order the Abuse complain'd of to be specify'd both in the Appeal and in the Sentence that shall be given upon the same which is the more necessary in that it often comes to pass that tho' there is only an Errour in point of Formality or in some particular Head of the Sentence which contains many when the Parliament declares that there is an Error or Abuse the Sentence is held void in all things tho' it ought only to be so in one of its Circumstances which commonly is not very material The Fourth must oblige the Parliaments to enter the Causes of the said Appeals upon the Rolls before any others and to call and judge them preferrably to all others without referring the same to avoid the Delays which are often desir'd by those who only aiming to elude the Punishment of their Crimes endenyour to tire out their ordinaty Judges from whom they Appeal and because it is not reasonable to deprive the Publick of the Administration of Ecclesiastical Justice by making those who are the principal Officers of it bare Sollicitors before a Tribunal which is inferiour to theirs The Fifth must impose a Necessity on the Parliaments to Fine and to Condemn those to pay the Costs who shall appeal without a Legal Cause without the Power of remitting the same on any account or upon any pretence whatever and to send them back again before the same Judges from whom they have appeal'd without a Cause which is the more necessary because that without this Remedy all Criminals would be at liberty to free themselves of the common Jurisdiction by Appealing without a Cause The best Ordinances and the justest Regulations being often despis'd by those who ought to observe them most Religiously and the Licentiousness of Soveraign Courts often proceeding to that degree as to violate or reform your Orders according to their pleasure the best way to render your Will effectual and to make your self to be obey'd in a point of such Consequence is to add a Sixth Head to the Five foregoing which will be as effectual a Remedy to oblige your Officers to perform their Duty on that subject as that of Appeals is excellent to hinder the Ecclesiastical Judges from being wanting in theirs in the Exercise of their Jurisdiction This Remedy requires nothing but to grant the humble Petition of your Clergy that your Majesty would be pleas'd to allow them to Appeal from you to your self by applying themselves to your Council whenever your Parliaments shall be wanting in the Observation of your Orders and Regulations This is the more reasonable in that whereas in order to suppress the Incroachments of the Church by appealing to your Judges Application is made to a Tribunal of an Order different and inferiour by its Nature and that in having recourse to your Council to put a stop to those of your Parliaments Application is made to an Order of the same kind And undoubtedly even those who envy the Franchises of the Church can find no fault with it since that instead of making it independent of Temporal Jurisdiction it adds a Degree to its subjection Finally it will be the more advantagious to your Majesty in that as it will keep the Power of the Church within its own Bounds it will also restrain that of the Parliaments within the just Extent which is prescrib'd to them by Reason and by your Laws And if besides your Majesty's Commands to your Council to exert the Power they have by your Authority to hinder the Encroachments of all your Subjects and particularly those of your Officers who administer your Justice in this Kingdom you take Care to fill it not with Men whose Pretension and Importunity are the best Titles they can produce to obtain their Ends but with Persons chosen for their Merit from among all your Subjects you will have the Satisfaction to
see that those who will not contain themselves within the bounds of their Duty by Reason will be constrain'd to it by force of Justice which will not be continu'd long but you will find clearly that what was forc'd in the beginning will become voluntary SECT III. Of Priviledg'd Cases and the means to Regulate the same THose who Consecrate themselves to God by devoting their Lives to his Church are so absolutely exempted of the Temporal Jurisdiction of Princes that they can only be try'd by their Ecclesiastical Superiours Divine Right and the Law of Nations establish the said Immunity clearly The Law of Nations in that it has been acknowledg'd by all Nations Divine Right by the Confession of all Authors who have treated of it before the Modern Jurisprudence of the last Age. The Church has enjoy'd it until the Male-Administration of Ecclesiastical Justice has open'd a way to the Ambition of the Officers of Temporal Princes to take Cognizance of the same The Church also being sensible that the Misfortunes of the Times hindred them from being able to redress by their own Power many Disorders which those who were under her Jurisdiction were fallen into resolv'd in order to remove all Cause of Complaint upon the account of the Impunity of the Crimes which were committed under the Protection of her Authority to give Secular Judges the Power to take Cognizance of thm in certain priviledg'd Cases because they could not do it otherwise than by virtue of the Priviledge that was particularly granted them to that effect It must be noted that there is a difference between the Cases that are styl'd Priviledg'd in all States and those that are particularly pretended such in France The First may be reduc'd to Two which are Voluntary Homicide with Premeditation and manifest Apostacy as to perswade Clerks to despise and to forsake an Ecclesiastical Life to quit the Habit of it and to live with Scandal in the World either in bearing Arms or in doing any other Action directly contrary to their Profession The number of the Second were inconsiderable at first When the Pragmatical Sanction was establish'd there were but two the bearing of Arms and the Infraction of the King 's Safeguard but by degrees they have been extended farther All Trespasses against the Pragmatical Sanction have been deem'd Criminal Cases That of the Concordats has been put in the same Rank The Verification of Cedules before the Judge Royal is also deem'd of the same kind Ravishments Robberies upon the High Ways False Witnesses Coining High Treason and all enormous Crimes are deem'd to be of the same nature by the Parliaments In fine if we believe them all the Faults of Ecclesiasticks even common Injuries are priviledg'd Cases there are no longer common Trespasses Such Crimes as are granted to be priviledg'd Cases in all States are own'd as such by the unanimous Opinion of the whole Church and many of those that are deem'd such in this Kingdom are so by Abuse and by the Incroachments of the Officers Royal. They have been the bolder in assuming the Cognizance of all the Deportments of Clerks by reason that according to the Order of the Canons which requires three conformable Sentences for the Condemnation of their Faults it is very difficult to punish even the most notable and impossible to do it in a short time Altho' this Pretence is plausible and that it requires a Reformation of the Formalities observ'd in the administration of the Justice of the Church nevertheless the ancient Lawyers could not forbear blaming the said Incroachment publickly And it is no Argument to urge that those Crimes which render Ecclesiasticks unworthy of their Character deprive them at the same time of their Immunities since by such Arguments many Conclusions would be inferr'd as false as prejudicial even to those who draw such Consequences The only Consequence that can be inferr'd of the Delays and Irregularities observ'd in the Administration of the Justice of the Church is that it is necessary to remedy the same and that as the Ecclesiasticks are oblig'd so to do so Kings are oblig'd to maintain them in the Immunities which God has been pleas'd to confer on his Church In order to discharge these Obligations the Church is oblig'd to remedy by the means we shall propose hereafter the intolerable Delays of these Sentences requir'd by the ancient Canons and in the next place to become so exact in the punishment of the Crimes committed by those that are under her Jurisdiction that as soon as a Scandal is discover'd the exemplary Punishment of the same may be known as soon as the Offence And the King making a Declaration to express all the priviledg'd Cases which may be reduc'd to those which may be committed by such and in all States and in all Orders and besides in the bearing of Arms the Infraction of the King 's Safeguard the Verification of Cedules manifest Apostacy as it is above explain'd Robberies on the High Way Coining and all Crimes of Leze-Majesty must absolutely forbid his Officers to take Cognizance of any other Cases until the Accus'd be sent to them by the Judges of the Church and that in case they infringe the said Order their Punishment may be known almost as soon as their Trespass Now since Justice requires an exact knowledge of a Fault before it can be punish'd and that Kings cannot administer Justice themselves to all their Subjects His Majesty will discharge his Obligation in ordering his Privy Council to receive the Complaints of the Infractions made by his Officers of what Quality soever to such a Regulation and to punish their Incroachments severely In which case the Church being satisfy'd with such an Order will be the more careful to administer Justice when they do receive it from their Prince SECT IV. Which shews the Consequence of the Regalia pretended by the Holy Chappel of Paris over the Bishops of France and opens a way to suppress the same ALtho' the Canons of the Holy Chappel of Paris maintain that the Regalia was given them by St. Lewis their Founder Yet it is most certain that the first Grant we find of it is of Charles the 7th which allows them for three years only the right of enjoying the Temporal Revenue of the vacant Bishopricks over which the Regalia should be found to have a Right The time of the said Grant being expir'd he continu'd the same for three years longer and for the four following the whole on condition that one half of the Money arising thereby should be imploy'd for the maintenance of the Chanters who were to perform the Service and the other for the Reparation of the Glass Windows and Ornaments and for the maintenance of the Choiristers according as it should be ordain'd by the Chamber of Accounts of Paris Charles the 7th being dead his Son Lewis the 11th continu'd the same Favour to the Holy Chappel during his Life which was look'd upon to be so
that they generally live with a Splendour and Liberality conformable to that Dignity and better understand the manner of behaving themselves in and conversing with the World Above all things a Bishop must be humble and Charitable have Learning and Piety a steady Courage and a great Zeal for the Church and for the Salvation of Souls Those who aim at Bishopricks out of Ambition and Interest are commonly those who make their Court best to obtain that by Importunity which they cannot pretend to by Merit and therefore such must not be chosen but those whom God calls to that Vocation which is easily known by their different way of living these applying themselves to the Ecclesiastical Functions that are practis'd in Seminaries And it would be very proper for your Majesty to declare That you will chuse none but such as have spent a considerable time after their Studies in applying themselves to the said Functions in Seminaries which are places appointed in order thereunto since it is not reasonable that the most difficult and most important Profession in the World should be undertaken without having first studied it since no Man is allow'd to exert the meanest and the most vile without a Prentiship of many Years After all the best Rule in that Choice is to have no general one but to chuse sometimes Learned Men sometimes Men that have not so much Learnig and are better Born young Men on some occasions old ones on others according as Men of divers Conditions may be thought most fit to Govern I have always had this Consideration but yet whatever Care I have taken to make a good use of it I own I have been sometimes mistaken and indeed it is very difficult not to be mistaken in Judgments which are the less easie in that it is almost impossible to penetrate into the Hearts of Men or to fix their Inconstancy They change their Humour with their Condition or rather they discover what they dissembled till then to obtain their ends While such Men live in Misery they make it their business to be thought much better than they are and when they have obtain'd their ends they no longer constrain themselves to conceal the ill Qualifications they have had all along Nevertheless in using the Precautions I propose in the said Choice you will discharge your Conscience before God And I maintain boldly That your Majesty will have nothing to fear provided that obliging those who shall be chosen with the said Caution to reside in their Dioceses to establish Seminaries there for the Instruction of their Ecclesiasticks to visit their Flock as they are oblig'd to do by the Canons you put them in a way to perform that Duty effectually I say this Sir because it is absolutely impossible for them to do it at present by reason of the daily Encroachments your Majesty's Officers make upon their Jurisdiction Six things are likewise to be wish'd that the Souls which are committed to their Care may receive all the Assistance they can expect from them Three of them depend on your own Authority one on Rome only and the other two on Rome and your Authority together The three first are the Regulations of Appeals that of Priviledg'd Cases and the Suppression of the Regalia pretended by the holy Chappel of Paris over the major part of the Bishopricks of this Kingdom until those who are nominated for the same by your Majesty have taken the Oath of Allegiance The fourth is a Regulation of the Plurality of the Sentences requir'd by the Canons for the Punishment of a Crime committed by an Ecclesiastick to the end that the Guilty may not be able to avoid the Punishment they deserve by the Delays of the Formalities that are practis'd And the other two which relate to the Authority of the Church and yours together are the Exemptions of the Chapters and the Right of Presenting to Cures which belongs to divers Abbots and Seculars We must distinctly examine these Cases one after another SECT II. Of Appeals and the Means to regulate the same I Do not design in this place to explain the Original of Appeals as a thing the Knowledge whereof is absolutely necessary provided it be known how to apply a proper Remedy to the said Evil it matters but little to know when it first began I am sensible that it is so difficult to discover the true Source of that Practice that the Advocate General Servien us'd to say That had he known the Author of so good a Regulation he would have erected his Statue Nevertheless there is great Reason to believe that the first Foundation of it arose from the Confidence which the Ecclesiasticks repos'd in the King 's Regal Authority when being impos'd upon by the Anti-Popes Clement the 7th Benedict the 13th and John the 23d who fled to Avignon for a Refuge they had Recourse to King Charles the 6th then Reigning to be discharg'd of the first Fruits Pensions and extraordinary Subsidies they often impos'd upon them The Complaints of the Clergy of France having induc'd that King to make an Ordinance prohibiting the Execution of the Rescripts Mandates and Bulls which the Popes might give for the future to the Prejudice of the Franchises and Liberties the Gallick Church injoyn'd This Order gave way to the first Enterprises of the King's Officers over the Ecclesiastical Jurisdiction Nevertheless it was no sooner made but the fear they had of being prejudiced by it instead of receiving the Advantage they desir'd prevail'd with the King to defer the Execution of the same for some Years Afterwards the continuation of the Vexations Benefices were afflicted with made it to be put in execution for some Years after which it was finally suppress'd by King Charles VII at the beginning of his Reign by reason of the divers Abuses that were committed in the practice thereof The Experience of the Abuse of such an Order oblig'd the Clergy for a while patiently to bear the ill Treatments they receiv'd from the Officers of the Court of Rome But finally the redoubling of the Exactions that were laid upon them oblig'd them to assemble at Bourges in 1438. to consult aboutthe means to free themselves of the same That Assembly which was famous for the Number and Merit of the Prelates which compos'd it carefully examin'd the many Grievances the Church was afflicted with and concluded That the best Remedy they could apply to them was to receive the Decrees of the Council of Bale which reducing most things to the Constitution of the Common and Canonical Right disabled the Officers of the Court of Rome from attempting any thing against the Clergy After which they form'd a Pragmatical Sanction of the Decrees of that Council which they resolv'd to put in practice by the King's Leave whom they Petition'd to be Protector of the same The King adhering to the Supplications of his Clergy enjoyn'd his Judges Royal to cause the said Pragmatical Sanction to be Religiously observ'd
and 't is from thence the Grievances the Church labours under at this time in this Kingdom by the interposition of the King's Officers receiv'd a new Force after the beginning they had had under the Reign of Charles VI. And it is also from thence the Parliaments have taken an occasion to assume the Cognisance of the greatest part of what only belongs to the Tribunal of the Church of God It was very easie for them to attribute to themselves to the Exclusion of subaltern or inferiour Judges what had been at first only committed to them and to extend their Power under that pretence beyond its lawful Bounds since they had none but Inferiours to encounter with In the Establishment of the first Order made to remedy the Infractions of the Pragmatical Sanction Appeals were not allowed of They only chastised such as did obtain Rescripts or Mandates from the Court of Rome against the Common Right upon the bare Complaint that was made and averr'd of the same and that without taking cognisance of the Merits of the Cause After which Time which changes all things being join'd to Power which like Fire attracts all to it self made them proceed from that Order establish'd for the Preservation of the Common Right and the Franchises of the Gallick Church against the Attempts of Rome to the Appeals the abuse of which utterly annihilates the Jurisdiction of the French Prelates as well as of the Holy See I am sensible that the most subtile Adherents of the Parliaments to authorize their Practice may say That the Prelates assembled at Bourges having petition'd his Majesty to hinder the Holy See by his Officers from infringing the Pragmatital Sanction have tacitly given him a Right to oppose the Contraventions that might be made to the same by themselves which authorizes them to take cognisance of the Sentences which are daily given in their Tribunal But the Proverb may be alledg'd in this place which is most true That a Bargain is nothing but what it is made and that it is as certain as evident That the Gallick Church assembled at Bourges never thought on what these Gentlemen pretend and moreover that they had no reason to do it They had recourse to the King against the Enterprizes of Rome by reason that the Holy See having no Superiour Tribunal on Earth Temporal Princes alone as Protectors of the Church can put a stop to the course of the Exorbitances of the Officers of Rome whereas the Attempts of the Bishops may be repress'd by their Superiours to whom one may and ought to appeal Finally he that gives his Friend Arms to defend him can never be suppos'd to give them for his own Destruction The Parliaments cannot pretend that the Protection which the Prelates assembled at Bourges desir'd of the King gives his Officers a Right to oppress their Jurisdiction Nevertheless as Evils are greater in their Progress and in their Periods than in their Beginning the Design of the Parliaments cover'd with divers Pretences for a time began to appear without a Mask in the last Age under King Francis I. who was the first that ever made use of the Name of Appeal in his Ordinances Many knowing the Illegality of that Practice which the Church complains of at present will think perhaps that since it may be abolish'd with Justice it would be proper to do it But I 'm of Opinion that such an Alteration would do more harm than the Evil they would avoid and that nothing but the Abuse of such an Order is prejudicial Whatever Ground the said Practice may have it is certain that when it was first publickly establish'd it was only with a pretence to put a stop to the Encroachments the Ecclesiastical Judges might attempt upon the King 's Royal Jurisdiction In process of time they have not only made use of it against the Transgressors of the Ordinances of the Kingdom which include many matters besides Jurisdiction but they have also extended it to the Infractions of the Holy Canons and of the Decrees of the Church and of the Holy See and finally by excess of abuse to all sorts of Matters in which the Laicks pretend a Lezion of Polity which they maintain only belongs to the King's Officers One might reasonably desire to have the Effect of this Remedy reduc'd to its first Foundation which had no extent beyond Attempts upon the Royal Jurisdiction which is sufficiently regulated by the First Article of the Ordinance of 1539. But to remove all pretence of Lezion from the Officers of the Prince and to hinder them from pretending with any appearance that it is impossible for them to get the Ordinances observ'd by reason of the Enterprizes of the Church I am of Opinion that they may consent to the said Appeals when the Judges shall pronounce directly against the Ordinances which is the only Case in which Charles IX and Henry III. by the 59th Article of the Ordinance of Blois required them to be admitted Provided they be not extended under that pretence to the Transgression of the Canons and Decrees because many Ordinances particularly the Capitularies of Charlemagne often contain the same substance with those of the Church I am sensible that it will be difficult to make so exact an Indiction of the Ordinances to this end but that sometimes there will be abuses in whatever Regulation may be made But it is certain that there is no difficulty in the Will of the King's Officers who shall be employ'd to put his in execution The Order which he will be pleas'd to give them will serve them as a Rule without any trouble The Pretence which the Parliaments use that when Ecclesiastical Judges judge against the Canons and Decrees of which Kings are the Executors and Protectors they have the Power to correct the Abuse of their Sentences is a Pretence so void of all appearance of Justice that it is altogether insupportable Should the whole Church judge against the Canons and Decrees one might say that the King who is the Protector of the same might and ought to maintain them in an extraordinary manner by his own Authority But since when a Judge gives a Sentenee against their Tenor the said Sentence may be revers'd and he corrected by his Superiour the Officers of the Prince cannot without invading the Priestly Office and without a manifest Abuse do that which only belongs to those that are particularly consecrated to GOD And when they do so before the last Sentence of the Church is given their attempt is not only void of Justice but even of all appearance of Justice The Endeavours of the Parliaments also to translate all the Spiritual and Ecclesiastical Jurisdiction to the Tribunal of Princes under pretence of Temporal Justice is no less void of Ground and of Appearance And yet there is no Presidial or Judge Royal but will ordain the time of Processions the Hour of High Masses and many other Ceremonies under colour
extraordinary that the Chamber of Accounts would only verifie the Letters Patents thereof for Nine Years After the Reign of Lewis the 11th his Successors Charles the 8th Francis the 1st and Henry the 2d continu'd the same Favour during their Lives Charles the 9th went farther and granted to Perpetuity to the Holy Chappel what his Predecessors had only granted them for a time The Intention those Princes had is praise-worthy since they gave a Right which did belong to them to a good end But the Use those of the Holy Chappel have made of it can never be sufficiently blam'd since that instead of being satisfy'd with what was given them they have endeavour'd under that pretence to make all the Bishopricks of France subject to the Regalia The Parliament of Paris which pretend to be the only Judges of the Regalia have been blinded to that degree by Self-interest as to make no Scruple to declare even all those Bishopricks which in our days have been united to the Crown liable to that Servitude and to order the Advocates in proper terms no longer to question but that the extent of the Regalia was as large as that of the Kingdom This Incroachment being too visible to produce any Effect induc'd the Churches which were not liable to that Right no longer to acknowledge that Tribunal for Judges and the Kings to refer all such Causes to their Council The extent of that Right over all the Bishopricks of the Kingdom is a Pretension so ill grounded that in order to discover the Injustice thereof it will be sufficient to read a Deed the Original of which is in the Chamber of Accounts which the President Le Maitre caus'd to be printed which gave an Account of the Bishopricks that are subject to the Regalia and of those that are free from it Formerly the common Opinion was that there was no Regalia beyond the River Loire the Kings Lewis le Gross and Lewis the Young exempted the Archbishoprick of Bourdeaux and the Suffraganâ— thereof of the same Raymond Count of Tholouse granted the same Favour to the Bishops of Provence and of Languedoc which was afterwards confirmed to them by Philip le Bell and St. Lewis yielded the Regalia of all Brittany to the Dukes of the Country by the Treaty he made with Peter Maâ—-clerc which shews that he did not give it to the Holy Chappel when he founded it Several other Bishopricks as Lyons Autun Auxerre and divers others are so undoubtedly free from that Subjection that no body calls it into question The Ordinances made at divers times shew clearly that the Kings of France never did pretend to have a Regalia over all the Bishopricks and that Truth is so evident that Pasquier the King's Advocate in the Chamber of Accounts is forc'd to confess that he who maintains that Doctrine is rather a Court Flatterer than a French Lawyer These are his very Words The Ignorance or rather the want of Spirit and Interest of some Bishops has contributed very much towards the Vexation the Prelates of this Kingdom suffer at this time who to free themselves of the Presecution they did receive in their own particular have made no scruple to receive Acquittances from the Holy Chappel for Sums they never paid The Opinion they had that in disputing their Right before Judges who were their Parties they would be condemn'd has perswaded them that they might innocently commit such a Fault the Consequence of which would be very dangerous if your Majesty's Goodness did not repair the harm done by their Weakness Common Right requiring the Disposition of the Fruits of a vacant Benefice to be reserv'd for the future Successor the contrary cannot be done without an Authentick Title to impower one so to do Yet we find none of that kind to justifie the Pretensions of Kings to dispose of them according to their Pleasure for want of which they are forc'd to have recoutse to Custom This Truth is so certain that all the Ordinances made upon that Subject only maintain their ancient Possession As it is very easie for Soveraign Princes by divers Pretences to attribute that to themselves which does not belong to them and that thereby an unjust Usurpation in the beginning may in process of time be deem'd Lawful by virtue of Possession There may be a great deal of Reason to question Whether Custom can have the force of an authentick Title in the case of Soveraigns But not designing to dispute your Majesty's Rights but only to persuade you to regulate them insomuch that they may not endanger the Salvation of Souls without endeavouring any farther to examine the Source and the Foundation of the Regalia's which I suppose valid I only design to examine what the Holy Chappel can pretend by virtue of those Concessions of your Predecessors and to propose the Remedy of the Abuse which is committed in the enjoyment of such a Grant It often happens that a Bishop who is Rich in all the Qualifications requir'd by the Canons and which the Piety of Good Men can desire in him but Poor by his Birth remains two or three Years incapable of performing the Duty of his Office both by the Payment of the Bulls to which he is oblig'd by the Concordates which often sweep away a whole Year's Revenue and upon the account of this new Right which takes away another So that adding to these two Expences the Charge he must be at to buy the Ornaments he stands in need of and to furnish his House according to his Dignity it will often be found that three Years are pass'd before he can receive any thing for his Maintenance For which reason many of them do not go to their Bishopricks excusing themselves upon necessity or laying aside House-keeping deprive themselves of the Reputation they ought to have to feed their Flock as well by Acts of Charity as by Words It also often comes to pass that to avoid these Inconveniencies they engage themselves so far that some are prevail'd with to practsie illegal means to acquit their Debts And those who do not fall into that Extremity live in perpetual Misery and finally frustrate their Creditors of what they owe them for want of Power to pay them The Remedy to that Evil is as easie as necessary since it only requires the annexing to the Holy Chappel an Abbey of equal Revenue with that which they can receive by that Settlement Some perhaps will say That it will not be easie to clear this Point as it should be by reason of the difficulty the said Society will make of disclosing that which they design to conceal But if your Majesty orders them to justifie in two Months time by the Acts of their Registers what they did enjoy before the perpetual Concession made to them by Charles IX and that on pain of forfeiting the said Right this lawful Proceeding will soon discover what is necessary to be done to recompence the Grant
they have receiv'd from your Predecessors I am sensible that the said Chapter will pretend that the Revenue they receive by the Regalia ought to be consider'd according to what they enjoy by it at present but whereas it is certain that they were no sooner certain of the perpetuity of that Grant but they extended it on divers Bishopricks that were not liable to it it is evident that the Fine I propose is that on which you may justly take your Measures If your Majesty will be pleas'd to do this you will easily procure an incredible advantage to your Church by which means the Souls will more easily receive the Food that is so inecessary for them and which they ought to expect from their Pastors If in the next place you continue the Resolution you have taken and which you have practis'd for a considerable time Not to grant any Pension on Bishopricks which is absolutely necessary you will admit nothing in your Power to put Bishops out of danger of not being able to perform their Duty for Want SECT V. Of the Necessity of Protracting the Delays that are us'd in the Course of Ecclefistical Justice from whence it happens that three Crimes remain unpunish'd EVery body knows that the Orders which me meerly Political in the Church may and ought often to be chang'd according to the Altaration of Times In the Purity of the first Age of Christianity some Establishments of that kind were good which at present would be very prejudical Time which is the Father of all Corruption having render'd the Manners of Ecclesiasticks different from what they were in the Fervor of their first Zeal it is certain that whereas during the course of several innocent Years the Church in which the Zeal of the Prelates made them as severe in the Punishment of Crimes as they are slack and negligent in that Performance at present It is certain I say that whereas in those Days the Delays of the Formalities observ'd in the Ecclesiastical Jurisdiction were of no ill Consequence they are very prejudicial at present and Reasou does not permit the continuanco of the same This Consideration makes it very necessary to abolish the ancient Order prescribed by the Canons which requires three conformable Sentences for the Conviction of Clerks The ill use that has been made for a long while of the said Order Author of all Impiety and consequently of the Disorders of the Church obliges it to do it self Justice in that point to remove all Pretence from Temporal Judges to follow the Opinion of certain Theologians who have made no scruple to say That it were better the Order should be revers'd by an Incompetent Judge than to see Disorder reign It is impossible to take away the Right of Jurisdiction of the Archbishopricks of the Primates of the Holy See but whereas it often comes to pass that Six or Seven Sentences are given before Three of them happen to be conformable to one another the said Inconvenience may be remov'd by ordering the Sentence of the Judges Delegated by the Pope upon the Appeal of the Primate or Archbishop to be definitive and absolute and to the end this last Judgment may be obtained speedily and that the Zeal of the Church may appear in the good Administration of their Justice it will be fit his Majesty would be pleas'd to joyn with his Clergy to obtain from the Holy See that instead of having recourse to Rome in all the particular Cases that are to be Tried his Holiness would be pleas'd to Delegate in all the Provinces of the Kingdom Persons of Capacity and Probity with a Power to Judge Soveraignly of all Appeals made in his Tribunal without any new Rescripts This Proposition cannot be odious at Rome since the Concordate obliges the Pope to Delegate in partibus for the Decision of the Causes that are depending there this difference will only be found That whereas at present there is a necessity of having recourse to Rome in every Cause for the Delegation of those Judges they will then be all ready Nominated for the Decision of all the Causes of the Kingdom which facilitating the Punishment of the Crimes of the Ecclesiasticks will remove all pretences of the Parliament's Incroaching as they do upon the Justice of the Church and all Subjects of Complaints from the Ecclesiasticks against them And thereby the Mouths of those that are open Enemies of the Church or envious of her Immunities will be shut and her best Children who have been silent hitherto upon that Subject will maintain her Cause and speak boldly and freely to defend her Liberty against those who would oppress it without Reason I am sensible that the Holy See will fear left those Delegates should become perpetual Dictators in time but the changing of them from time to time which I think to be fit and necessary will remove the fear of that Inconvenience and continuing to sue out the Appeals at Rome in every Cause which may be suffered the Rights of the Holy See will remain entire without any diminution It may be urg'd That it will require no more time to obtain a new Delegation of Judges from Rome for every Crime that shall be committed than to sue out an Appeal to remove the Cause before those that are already Delegated but the thing is very different since it is certain that one of the principal Abuses which hinders the Punishment of the Crimes of the Clerks consists in that the Appellant commonly obtains at Rome his Removal before such a Judge as he thinks fit in France by Collusion with the Benchers who for Money serve their Clients as they please SECT VI. Which represents the Prejudice the Church receives by the Four Exemptions several Churches enjoy to the Prejudice of the Common Right and proposes Means to remedy the same EXemption is a Dispensation or Relaxation of the Obligation we lay under to Obey our Superiours They are of different kinds some are of Right others of Fact The Exemptions of Right are those we enjoy by the Concession of a lawful Superiour who grants them upon mature Deliberation and for certain Reasons The Exemptions of Fact are those we are in possession of without a Title but only by the use thereof Time out of Mind The Exemptions of Right are approv'd of by all Casuists as granted by a Lawful Authority Those of Fact though not lawful in themselves are not always condemn'd by them because those that have enjoy'd a Priviledge Time out of Mind had formerly Bulls for the same though they cannot produce them There are Three different Exemptions of Places The First is that of Mendicant Monasteries which the Bishop does not visit though he is receiv'd solemnly there whenever he goes thither may hold his Orders there and perform all the Episcopal Functions whenever he thinks fit The Second is of many other Places in which they are not receiv'd and can perform no Episcopal Function unless they make
which the Subjection of this nature is the first And indeed those sort of Titles are so invalid in the Case in question that tho' they were confirm'd by the Popes they would not be sufficient to deprive of their Right the Successors of the Bishops who have parted with their Superiority in one of the three ways above specify'd As Reason shews that none of these ways can be of force against common Right it also shews that Bulls barely confirming the said Concessions Agreements or Arbitral Sentences give no Right to those who would make use of them because they can have no more Force than the Foundation they suppose One Point only remains liable to Examination viz. Whether the Custom and ancient Possession which Chapters claim against the Authority of their Bishops is a Title sufficiently valid to make the Church undergo the Prejudice it suffers by Exemptions Custom is a very deceitful Rule the ill ones tho' ne-never so ancient are universally condemn'd and all those that are against common right and destroy an Order establish'd by Ecclesiastical Constitutions must be reputed so and can be no just ground of Prescription much less in what relates to Ecclesiastical than to Civil Laws since the Settlements of the Church are grounded on a more certain Principle and the Difficulty propos'd must be decided every where by saying That Custom may serve as a Title in those things which may be possess'd by common Right but never in those in which Possession violates it in which Case it is absolutely void unless it be accompany'd with a Title so Authentick that it may be liable to no manner of Suspicion Whence it results That Common Right submitting all Canons to their Bishops there is no Custom sufficiently powerful to exempt them from that Subjection It is impossible to imagine the many Evils Exemptions are the Source of They overthrow the Order the Church has establish'd consonant to Reason which requires Inferiours to be subject to their Superiours They ruine the Concord which ought to be between the Head and the Members they authorize all sorts of Violences and leave many Crimes unpunish'd as well in the Person of the Priviledg'd as in that of many Libertines who take the Advantage of them to secure themselves There are two ways to redress that Evil either by annihilating the Exemptions absolutely or by regulating them I am very sensible that the first Expedient as the most absolute is the most difficult But since it is not impossible I will nevertheless propose it to your Majesty who has ever delighted in doing that which your Predecessors durst not attempt However I do not think it proper in relation to the Exemptions which Monks and their Monasteries enjoy As they are dispers'd in divers Dioceses the Uniformity of Mind which ought to reign among them requires that instead of their being govern'd by divers Bishops whose Minds are different they should be under the Government of one Regular Chief upon which Foundation I affirm boldly That it is as necessary to allow them the Possession of the lawful Exemptions they enjoy as it is just to know the Validity of them by the Examination of their Bulls which they extend sometimes farther than Reason requires But I say moreover that the other Exemptions may be abolish'd with so much Advantage for the Church that that Universal Motive is sufficient to make one despise particular Interests on that occasion When a thing is just it is a sufficient Inducement for us to undertake it and we are absolutely oblig'd to do it when it is altogether necessary The Church having subsisted hitherto without the Alteration I propose I do not suppose it has this last Quality but I say that it would be very useful in that it would leave no subject of Excuse to the Bishops in case they were wanting in their Duty To make use of this first Expedient would only require a Revocation made by his Holiness of the Exemptions and Priviledges in question and a Power given to the Bishops to exert their Jurisdiction over their Chapters and all other priviledg'd Persons except those above mention'd Such a Bull accompany'd by a Declaration from your Majesty verify'd in your Parliaments and in your Council would break the Fetters which tie the Hands of the Prelates of your Kingdom and would make them answerable for the Disorders of their Dioceses which it is almost impossible for them to do at present The obtaining of the Pope's Bull would prove the easier in my Opinion in that it is consonant to the overtures of the Council of Trent which declares particularly That the Chapters and Canons cannot by virtue of any Exemption Custom Possession Sentence Oath and Concordat whatever be excus'd of being visited corrected and chastis'd by their Bishops or other Persons deputed by them And tho' this Expedient were not relish'd at Rome where Novelties tho' useful are commonly odious and where the least Opposition generally obstructs great Advantages your Majesty causing the Decree of the Council to be observ'd on this Subject will have no need of any new Expedition I am sensible that this Remedy will be dislik'd by the Parliaments with whom Use and Practice is far more prevailing than whatever Reasons can be urg'd but after having foreseen that good and consider'd all the Obstacles which may be met in it I declare boldy that it would be much better to pass over all of them than to stop at any opposition whatever And your Majesty may undertake the said Alteration the better and with more Reason because that in restoring things upon the foot of common Right you will restore them in their own Nature and that it sometimes becomes Sovereigns to be bold on certain occasions which are not only just but of which the Importance cannot be question'd The Canons keep their Titles so conceal'd that it is impossible to come to the knowledge of them unless by the King's Authority Moreover they often suppose them when they have none which Peter de Blois and Peter le Venerable openly complain of Tho' the Advantage of these two Expedients which indeed are but one and the same ought to prevail with the World to approve them yet the Fear I am in that the Difficulties which would be met with to put them in Execution would make them ineffectual makes me pass to the second which consists in the Nomination of Commissioners Bishops Canons and Monks which being joyn'd to Deputies of the Council and of the Parliaments shall take an Account of all the Exemptions and Priviledges of the Church to the end that being represented to your Majesty those that will be found good and valid may be regulated and those that have no lawful Foundation retrench'd and abolish'd And the said Expedient is the more practicable in that the Ordinances of Orleans made under Francis the 2d have a particular Article for the Regulations of Exemptions If in the next place the
Regulation of ancient Monasteries so it behoves your Prudence to put a stop to the progress of the over-great number of new Monasteries which are daily establish'd In order whereunto it is necessary to despise the Opinion of certain Persons as Weak as Devout and more Zealous than Prudent who often fansie that the Salvation of Souls and the Safety of the State depends on that which is prejudicial to both As none but such as are wicked or blind can be insensible or disown that Religious Houses are not only very useful but also necessary so none but those who have an indiscreet Zeal can be ignorant that the excess of them is inconvenient and that it might come to such a point as would be ruinous That which is done for the State being done for God who is the Basis and Foundation of it to Reform the Houses that are already establish'd and to put a stop to the excess of new Establishments are two Works very agreeable to GOD who loves Rule in all things SECT IX Of the Obedience which is due to the POPE THe Order which God requires in all things gives me an occasion to represent to your Majesty in this place That as Princes are oblig'd to acknowledge the Authority of the Church to submit to their Holy Decrees and to pay an entire Obedience to the same in what relates to the Spiritual Power which God hath placed in her hands for the Salvation of Mankind and that as it is their Duty to maintain the Honour of the Popes as Successors of St. Peter and Vicars of Jesus Christ so they ought not to yield to their Attempts when they endeavour to extend their Power beyond its Bounds As Kings are oblig'd to respect the Thiara of the Soveraign Pontifs the same Obligation lies upon them to preserve the Power of their Crown This Truth is acknowledged by all Theologians but it is very difficult to distinguish the Extent and Subordination of these two Powers aright In such a matter Princes are neither to credit the Gentlemen of the Long Robe who commonly measure the King 's by the Form of his Crown which being round has no end nor those who by the excess of an indiscreet Zeal declare themselves openly in favour of Rome Reason advises us to hear both the one and the other in order afterwards to resolve the Difficulty by Persons of so much Learning that they may not be liable to mistake through Ignorance and so sincere that neither the Interests of the State nor those of Rome may prevail with them against Reason I may declare with Truth That I have ever found the Doctors of the University of Paris and the most Learned Monks of all Orders so reasonable on this Subject that I have never observ'd the least Weakness in them that could hinder them from defending the just Rights of this Kingdom neither have I ever observ'd any excess of Affection in them for their Native Country which could induce them contrary to the true Sentiments of Religion to diminish those of the Church to augment the others In such Cases the Opinion of our Fathers must be of great Weight the most famous and most impartial Historians and Authors who have written in all Ages must be carefully consulted on those Occasions in which nothing can be more dangerous than Weakness or Ignorance SECT X. Which sets forth the Advantage of Learning and shews how it ought to be Taught in this Kingdom HAving represented that Ignorance is sometimes prejudicial to the State I am now to speak of the Necessity of Learning one of the greatest Ornaments of States this being the most proper place for it since the Empire of it is justly due to the Church by reason that all sorts of Truths have a natural Relation to the first the Sacred Mysteries of which Eternal Wisdom has been pleas'd to make the Ecclesiastical Order Depositories of As the Knowledge of Letters is absolutely necessary in a Commonwealth it is certain that they ought not to be taught without distinction to every body As a Body having Eyes in all its Parts would be monstrous a State would be the same if all the Inhabitants thereof were Learned we should find as little Obedience in it as Pride and Presumption would be common The Commerce of Letters would absolutely banish that of Trade which enriches Nations would ruine Husbandry the true Mother of the People and would soon destroy the Nursery of Souldiers which encreases more in the Rudeness of Ignorance than in the Politeness of Sciences Finally it would fill France with Litigious Persons more proper to ruine private Families and to disturb publick Peace than to do the State any good If Learning were prophan'd to all sorts of Minds we should see more Persons capable to form Doubts than to resolve them and many would be fitter to oppose Truths than to defend them 'T is this Consideration which induces Politicians to say that a well regulated State requires more Masters of Mechanick Arts than Masters of Liberal Arts to teach Letters I have often heard Cardinal du Perron for the same Reason earnestly wish the Suppression of part of the Colledges of this Kingdom he was desirous to have four or five famous ones establish'd in Paris and two in every Metropolitan City of the Provinces He added to all the Considerations I have urg'd that it was impossible to find a sufficient number of Learned Men in every Age to supply a great number of Colledges whereas being contented with a moderate number they might be fill'd with worthy Persons who would preserve the Fire of the Temple in its Purity and would transmit by an uninterrupted Succession the Sciences in their Perfection I cannot forbear thinking when I consider the great number of Men who profess the Teaching of Letters and the multitude of Children that are instructed that I see an infinite number of Sick People who only aiming to drink pure and clear Water for their Cure are press'd with such a disorderly Drought that receiving without distinction all those that are presented to them the major part drink such as are impure and often out of payson'd Cups which encreases their Drought and their Distemper instead of easing either In fine this great number of Colledges indifferently establish'd in all places produces two Evils the one by the mean Capacity of those that are oblig'd to Teach there not being a sufficient number of eminent Persons to fill the Pulpits the other by the want of natural Disposition in those whose Fathers oblige them to study by reason of the Conveniences of it without examining their Capacity which is the reason that most of those that study have only a mean Tincture of Learning some for want of more Capacity others for not being well instructed Tho' this Evil is of great consequence the Remedy is easie since it only requires to reduce all the Colledges of such places as are no Metropolitans to two or three Classis
which cannot be secur'd unless they contribute towards the Maintenance of the State I know moreover that many Princes have ruin'd their States and their Subjects by not keeping sufficient Force on foot for their Preservation for fear of over-burthening them and that some Subjects have been expos'd to the Servitude of their Enemies by desiring too much Liberty under their Natural Soveraign But there is a certain Point which cannot be exceeded without Injustice common Sense teaching every Man that there must be a proportion between the Burthen and the Strength of those who beat it That Proportion must be so Religiously observ'd that as a Prince cannot be esteem'd Good if he exacts more from his Subjects than is necessary those are not always the best who never raise but what is absolutely necessary Moreover as when a Man is wounded the Heart which grows faint by the loss of the Blood which flows from it does not draw that of the lower Parts to its assistance until the greatest part of that which lies in the uppermost is exhausted so in the urgent Necessities of States Soveraigns must as much as in them lies make use of the abundance of the Rich before they bleed the Poor extraordinarily 'T is the best Counsel your Majesty can take which you may easily put into practice since for the future you may draw the principal Subsistence of your State out of your General Farms in which the Rich are more concern'd than the Poor by reason that as they spend less they do not contribute so much to the Product thereof CHAP. V. Which considers the State in it self SECT I. Which represents how necessary it is that the several Parts of the State should remain every one within the extent of their Bounds AFter having spoken separately of the divers Orders the State is compos'd of I have but little to say in the main but that as the Whole only subsists by the Union of its Parts in their Order and natural Situation so this great Kingdom can never flourish unless your Majesty takes care to keep the Bodies which compose it in their Order the Church having the First Rank the Nobility the Second and the Officers which are at the head of the People the Third I speak this boldly because it is as necessary as just to put a stop to the Incroachments of some Officers who being pufâ—'d up with Pride either upon the account of the great Estates they are possess'd of or by the Authority they derive from their Places are so presumptuous as to challenge the First Rank whereas they can only pretend to the Third Which is so contrary to Reason and to the Good of your Service that it is absolutely necessary to put a stop to the Progress of such Enterprises since otherwise France would no longer be what it has been and what it ought to be but a monstrous Body which as such could never subsist or be lasting As it is most certain that the Elements which are capable of weight have none when they are in their Place so it is certain that none of the Orders of your State will prove burthensome to the other while each do remain in the Place which their Birth has assign'd them And as neither Fire Air nor Water can sustain a Terrestrial Body because it is heavy out of its place so it is certain that neither the Church nor the Nobility can support the Burthen of the Officers when they endeavour to move out of their Sphere As I am very sensible that your Majesty knows how to keep all Orders within their Bounds without enlarging any farther upon this Subject I will proceed to two Questions which I incert in this Chapter because they have an equal Relation to the Threedifferent Orders of the State SECT II. Which examines Whether it is better to make the Governments Triennial in this Kingdom than to leave them Perpetual according to the Use which has been practis'd hitherto EVery body will fancy at first that it will be better to make them Triennial but after having compar'd the Advantages which may thereby accrue to the Inconveniences that are to be fear'd perhaps it will be thought as I have already observ'd it that though the Nomination to Benefices is not so Canonical as the Elections the Use of it is nevertheless more advantagious at this time for several Reasons as also that notwithstanding the suppression of the Sale of Offices is to be desired for several Reasons yet the not tolerating the Use of it would occasion many Inconveniences express'd in their proper places So it is impossible to render the Governments of Provinces and of Towns Triennial without being expos'd to far greater Inconveniences than those which may be fear'd by the perpetual Settlement of Governours I am sensible that some may urge That a Man having a Government only for Three Years will in all probability endeavour to quit it with Reputation and to behave himself with so much Prudence that his Administration may be preferr'd before his Predecessor's whereas having it for Life the certainty of it gives him more Licence But it is much more likely that he who knows he is not long to continue in his Office will endeavour to draw as much Profit out of it as he might expect during his Life if he were to enjoy it to his Death Moreover considering the Inconstancy of our Nation there might be some reason to fear the employing of some who foreseeing the End of an agreeable Administration might resolve to perpetuate it by receiving those as Masters whom they ought to look upon as Enemies If the Practice of Spain be urg'd which often changes Governours after having answer'd that Example shews us that nothing can be more dangerous than that Government I will add That as there are Fruits the Use of which is excellent in one Country and a Poison in another so there are Settlements the Practice whereof is good in one State but yet would prove pernicious in another Some may say to prevent the Objections which may be made against the Practice of the Order of Spain in this Kingdom That those who will lay down an Office after the expiration of the term of their Administration will have no reason to be dissatisfied since they will be employ'd in others which will prove better but such great difficulties will be met with in the Practice of such an Order that it will be impossible to overcome them A Man may be fit to Govern in Piccardy by reason of his being born there who will not be fit to be employ'd in Brittany where he has no Acquaintance and where the Place which will be given him will hardly be able to maintain him The Governments of France are for the most part of so little Profit that unless they are given to Persons who are more desirous of them upon the account of Honour and for the Convenience of their Neighbourhood than out of any other Consideration there
Impression of fear to him he attacks the Impatient and Inconstant Temper of the French is as unfit for the defensive part as their fire and first eagerness qualifys them to perform their duty in the first Experience makes me speak thus and I am persuaded that those who are perfect Commanders will say the same SECTION V Of Naval Power THE Power of Arms do's not only require that the King should be strong a shore but also potent at Sea When Anthony Perez was receiv'd in France by the late King your Father and that in order to soften his misery he had secured him a good Pension That stranger being desirous to express his Gratitude to that great King and to show him that tho he was unfortunate he was not ungrateful gave him three Councels in three Words which are of no small Consideration Roma Consejo Pielago The advice of this old Spaniard consummated in Affairs is not so much to be looked upon for the Authority of him that gave it as for its own weight We have already mention'd the Care Princes ought to take to have a good Council and to be authorised at Rome it now remains to show how it behoves the King to be Potent at Sea The Sea is of all Heritages that in which Soveraigns pretend to have the greatest share and yet it is that on which the Rights of every body are least agreed upon The Empire of that Element was never well secur'd to any It has been subject to divers Revolutions according to the inconstancy of its nature so subject to the Wind that it submits to him who Courts it most and whose Power is so unbounded that he is in a condition to possess it with violence against all those who might dispute it with him In a word the old Titles of that Dominion are Force and not Reason a Prince must be Powerful to pretend to that Heritage To proceed with Order and Method in this point we must consider the Ocean and the Mediterranian seperately and make a distinction between the Ships which are of use in both those Seas and of the Gallies the use of which is only good in that which Nature seems to have reserv'd expresly betwixt the Lands to expose it to less Storms and to give it more shelter A great State must never be in a condition to receive an injury without being able to revenge it And therefore England being situated as it is unless France is powerful in Ships the English may attempt whatever they please to our prejudice without the least fear of a return They might hinder our Fishing disturb our Trade and in blocking up the mouth of our great Rivers exact what Toll they please from our Merchants They might Land without danger in our Islands and even on our Coasts Finally The Situation of the Native Countrey of that haughty Nation not permitting them to fear the greatest Land-Forces the ancient Envy they have against this Kingdom would apparently encourage them to dare every thing should our weakness not allow us to attempt some thing to their prejudice Their Insolence in the late King your Father's time towards the Duke of Scily obliges us to put our selves in a posture never to suffer the like again That Duke being chosen by Henry the Great for an extraordinary Embassy into England Embarking at Callis in a French Ship with the French Flag on the Main Top Mast was no sooner in the Channel but meeting a Yacht which came to receive him the Commander of it Commanded the French Ship to strike The Duke thinking his Quality would secure him from such an affront refus'd it boldly but his refusal being answer'd with three Cannon shot with Bullets which piercing his Ship pierc'd the Heart of the French Force constrain'd him to do what Reason ought to have secur'd him from and whatever Complaints he could make he could get no other reason from the English Captain than that as his Duty oblig'd him to honour his Quality of Ambassador it oblig'd him also to compel others to pay that respect to his Master's Flag which was due to the Soveraign of the Sea If King James's words prov'd more civil yet they produc'd no other effect than to oblige the Duke to seek for satisfaction in his own Prudence feigning himself cur'd when his pain was most smarting and his wound incurable The King your Father was oblig'd to dissemble on that occasion but with this Resolution another time to maintain the Right of his Crown by the Force which time would give him means to acquire at Sea I represent this Great Prince to my mind projecting in that occurence what your Majesty must now put in Execution Reason obliges to take an Expedient which without ingaging any of the Crowns may contribute towards the preservation of the good understanding which is desirable among the Princes of Christendom Among many that might be propos'd the following are in my opinion the most practicable It might be agreed upon that French Ships meeting English Ships upon the Coast of England should Salute first and strike the Flag and that when English Ships should meet French Ships upon the French Coast they should pay them the same Honors on condition that when the English and French Fleets should meet beyond the Coasts of both Kingdoms they should both steer their Course without any Ceremony only sending out their respective Long-Boats to hail each other coming no neerer than within Cannon shot It might also be agreed upon that without having any respect to the Coasts of France or England the greater number of Men of War should be Saluted by the smaller either in striking the Flag or otherwise Whatever Expedient is found out on that subject provided it be equal on all parts it will be just if your Majesty is strong at Sea that which is reasonable will be thought so by the English who are so much blinded on that subject that they know no Equity but Force The advantages the Spaniards who are proud of being our Enemies at present derive from the Indies oblige them to be strong on the Ocean The reason of a sound Policy does not allow us to be weak there but it obliges us to be in a condition to oppose the designs they might have against us and to cross their enterprizes If your Majesty be potent at Sea the just apprehension Spain will lay under of your attacking their Forces the only Source of their Subsistance of your making a Descent on their Coasts which have upwards of six hundred Leagues Circumference your surprising some of their places which are all weak and in great number that just apprehension I say will oblige them to be so powerful at Sea and to keep such strong Garisons that the major part of the Revenue of the Indies will be consumed in Charges to preserve the whole and if the remainder suffices to preserve their States at last it will produce this advantage that they will no
Pontchateau with the Duke de la Valette for Gabrielle de Bourbon one of the most lovely Princesses of her time beautiful and wise very witty and so mild that she was never known to be angry dy'd six or seven years before a forthnight after her being deliver'd of a Son who dyed Duke of Candale in the year 1658. As soon as the Conditions of this new Marriage were resolv'd upon and accepted all the Affairs with the Archbishop of Bourdeaux and the Clergy of France ended much sooner than they would have done But if ever the old Duke show'd his haughtiness it was on this occasion he gave his Son his consent by word of mouth but he refus'd to give it in writing and to sign the Contract saying sometimes that it was sufficient that he had sign'd one and sometimes with more frankness that it would not be handsom for him to sign it without giving some thing nor to give any thing to redeem himself and to get out of a troublesom Affair Neither must we forget among the Subjects of alienation and aversion we are speaking of that the old Duke who thought he had formerly oblig'd the Bishop of Lucon complain'd that he had found no manner of Acknowledgment in Cardinal de Richelieu and that in the latter times he could not digest his Proceedings against the Queen Mother a Princess for whom the Duke had ever had a veneration full of Tenderness and for whom he thought himself oblig'd to expose all The Reader will perhaps conclude that this relation was absolutely necessary to make Posterity believe the Secret I am going to reveal not upon vain Conjectures but upon certain Knowledg What is it a great Genius does not think possible or himself capable of The Cardinal being sensible by Experience that the old Duke would never be perfectly reconcil'd to him form'd a very extraordinary design to ruin him in ingaging nevertheless the Duke de la Valette his Son in his Interests in whom he had never found any Sentiments but such as were reasonable After that Marriage he show'd a great deal of Affection for a time to that young Lord who was look'd upon as his Son-in-Law gave him a prospect of the greatest elevation and grandeur for the future until judging the Fire sufficiently kindl'd after having exhorted him to confide in his promises which had never deceiv'd any Body and to look upon him as a true Father he proceeded to declare to him that in order thereunto it was necessary he should have no other Father but him In a word that he should not be astonish'd at his being resolv'd no longer to spare the Duke d'Espernon and to destroy those were his very Words a Man whom he had never been able to tame The Duke de la Valette being as much surpris'd as can be imagin'd endeavour'd in vain to dissemble his thoughts part of them appear'd in his Eyes and upon his Face The Obligations of Blood Those he had to the best Father in the World towards him who had prefer'd him in so many respects before his Elder Brother a Man of great Merit crowded all in a moment in his mind He fancy'd he already saw that old Man who was then fourscore years of Age or more whose Fortune had been respected till then by his greatest Enemies leading the remainder of his Life in obscurity and solitude languishing in some place of Exile To see himself as a worthy recompence of his base complyance shamefully invested with those Honours which he was only to tarry for a few years to possess them without reproach Who knows whether he did not add that the most honest Ingagements are commonly the safest and that all Duty laid aside no true Prudence could ever advise him to abandon the Fortune of his own Family which was so well settl'd to run after vain hopes and to abandon himself to the new and perhaps false Tenderness of that adoptive Father Nevertheless doing himself a great Violence he thank'd the Cardinal for his kindness as Men always behave themselves towards those who govern He expres'd his being oblig'd to him for the confidence he repos'd in him He assur'd him of a perfect gratitude on his side As to his Father without accusing or defending him he added that it was impossible to alter his mind for the little time he had to live That his Behaviour was rough and daring but that he had a great deal of Honour that his Heart was upright and sincere incapable of deceit and treachery That taking his word once one might rely upon it for ever in a word that if the Cardinal would do him the honour to rely upon him he would answer for the old Duke's fidelity as for his own The Minister did very well apprehend what was not said to him and was secretly concern'd to have said too much himself The Conversation ended in general Complements on both sides in which neither of them were deceiv'd From that time forward a serious behaviour and cold Civility succeeded the Carresses and advances of the Cardinal towards the Duke de la Valette And in relation to the old Duke all the disgusts and mortifications that can be given to a proud Heart who will not oblige his Enemy so far as to complain He met perpetual Contradictions in his Province of Guienne in which it was known that he was very Jealous of his Authority Those who were known to be his Enemies or suspected by him were applauded and favour'd in all things Fables were heard against him The Exchequer was wholy shut up for several years together for his Salarys and Pensions under pretence of public necessity and of the Finances being exhausted Excuses that are ever ready for those that are not belov'd And when ever foreign War threatned or attack'd his Government no succors besides Words was sent to him as if they had been glad to expose him to the prejudice of the State In fine neither he nor his Son could doubt but the first opportunity to ruine them would earnestly be imbraced But the times were not proper for it 1635. France had declar'd War against Spain 1636. The Enemys were entring into Guienne Burgundy and Picardy 1637. The People being oppressed by new Edicts to make the Armys subsist and being as yet but little us'd to Obedience after the Civil Wars did rise in divers Places particularly in the old Duke's Government sometimes by seditions at Bourdeaux sometimes by whole Armys which kept the Field by the name of Crocans He commonly stifled those Commotions with his own Forces and by his sole Authority being accused nevertheless to the Minister but without any ground of exciting them secretly himself to make himself necessary The Cardinal had not the injustice to believe it but he reckon'd among the Crosses of his Life and of his Grandeur to be oblig'd for a time not only to keep measures with but also to praise and to thank those to whom he neither did nor design'd
the Treaty which du Fargis made at Moncon in 1626 with the Spaniard's in relation to Valtelina we must consider that the said du Fargis had been six years before Ambassador in Spain and that he was sent thither by the Court of France before Cardinal de Richelieu entred into the Ministry which was in 1624. The instructions which du Fargis had receiv'd in taking leave of the Court from M. de Puisieux Secretary of State Son to the Chancellor de Sillery oblig'd him to treat with the Spaniards on the same Conditions as he did since at Moncon because the Council of State was resolved at that time not to break with Spain But Cardinal de Richelieu caused that resolution to be alter'd and the collection of the Pieces for the Justification of that Cardinal which were given to the Public by M. du Chatelet maintains in several Places that the said Cardinal sent M. du Fargis orders directly contrary to those he had receiv'd in France But M. du Fargis persisted constantly in denying that ever he received them and the thing remains undecided to this day Therefore it is not true that he himself confessed that he had concluded the Treaty of Moncon at the sollicitation of Cardinal de Berulle without the King's knowledge and contrary to his Majesty's Express Orders For among so many Authors who have attack'd and defended the Reputation of Cardinal de Richelieu none ever bethought himself hitherto to write this point of History and there is no reason to believe the said Cardinal upon his bare Word since he was so public an Enemy to the Cardinal de Berulle that his Panegyrists lose no occasion to blame him and to push it as far as ever it can go Finally it is yet less true that the Cardinal de Berulle and the Lord Keeper Marillac advis'd the King to abandon the Duke of Mantua to the injustice and insatiable Avidity of the Spaniards but that which is cerain in relation thereunto as the two Authors who are most devoted to Cardinal de Richelieu who are those that have written his Life and the History of his Ministry do acknowledge is that at the Death of Vincent Duke of Mantua and when the Duke de Nevers succeeded him it was put in agitation in the Council of France not whether the Duke of Nevers should be absolutely seconded but whether they should second him so far as to run the hazard on his account to break the Peace of Vervins which King Henry the Great had concluded with Spain and it was carry'd by the plurality of Voices that the King should not run the hazard of that risque Cardinal de Berulle who was then one of the Principal Councellors of State was of that opinion he persisted in it until Cardinal de Richelieu caused the said Affair to be examin'd anew in the Council and made them resolve to maintain the Duke de Nevers against the Emperor and against the King of Spain There was but six Months space between those two deliberations and they were both taken in the year 1627. If the Cardinal de Berulle during the Interval of the said six Months pretended that it was not fit to exasperate the Spaniards In that he only conform'd to the determination of the Council of State of France But I maintain that after the second deliberation which was to protect the Duke of Mantua towards and against all the Cardinal de Berulle never let fall any word to blame the War which France engaged into upon the account of the Duke de Nevers with the Emperor and the King of Spain and no Man can produce any Printed paper or Manuscript which says any such thing THE END THE Contents Chap. I. A Short Relation of the King 's great Actions until the Peace concluded in the Year pag. 1. Chap. II. Of the Reformation of the Ecclesiastical Order pag. 48. Sect. I. Which represents the ill State of the Church at the beginning of the King's Reign the Present State thereof and what is necessary to be done to put it in that in which it ought to be ib. Sect. II. Of Appeals and the Means to regulate the same pag. 53. Sect. III. Of Privileg'd Cases and the means to Regulate the same pag. 64. Sect. IV. Which shews the Consequence of the Regalia pretended by the Holy Chappel of Paris over the Bishops of France and opens a way to suppress the same pag. 68. Sect. V. Of the Necessity of Protracting the Delays that are us'd in the Course of Ecclesiastical Justice from whence it happens that three Crimes remain unpunish'd pag. 75. Sect. VI. Which represents the Prejudice the Church receives by the Four Exemptions several Churches enjoy to the Prejudice of the Common Right and proposes Means to remedy the same pag. 78. Sect. VII Which represents the Inconveniences that arise from the Bishops not having an Absolute Power to dispose of the Benefices that are under them pag. 90. Sect. VIII Of the Reformation of Monasteries pag. 93. Sect. IX Of the Obedience which is due to the POPE pag. 95. Sect. X. Which sets forth the Advantage of Learning and shews how it ought to be Taught in this Kingdom pag. 97. Sect XI Means to Regulate the Abuses which are committed by Graduates in the obtaining of Benefices pag. 104. Sect. XII Of the Right of INDULT pag. 106. Chap. III. Of the NOBILITY pag. 109. Sect. I. Divers Means to Advantage the Nobility and to make them Subsist Honourably ib. Sect. II. Which Treats of the Means to prevent Duels pag. 114. Chap. IV. Of the Third ORDER of the Kingdom pag. 119. Sect. I. Which relates in general to the Disorders of the Courts of Justice and examines in particular whether the Suppression of the Sale of Offices and of Hereditary Offices would be a proper Remedy for such Evils ib. Sect. II. Which proposes the general Means which may be us'd to put a stop to the disorders of the Courts of Justice pag. 131. Sect. III. Which represents the necessity of hindring the Officers of Justice from incroaching upon the King's Authority pag. 135. Sect. IV. Of the Officers of the Finances pag. 137. Sect. V. Of the PEOPLE pag. 140. Chap. V. Which considers the State in it self pag. 142. Sect. I. Which represents how necessary it is that the several Parts of the State should remain every one within the extent of their Bounds ib. Sect. II. Which examines Whether it is better to make the Governments Triennial in this Kingdom than to leave them Perpetual according to the Vse which has been practis'd hitherto pag. 143. Sect. III. Which condemns Survivorships pag. 146. Chap. VI. Which represents to the King what Men think he ought to consider in relation to his Person pag. 149. Chap. VII Which represents the present State of the King's Houshold and sets forth what seems to be necessary in order to put it into that in which it ought to be pag. 162. Chap. VIII Of the PRINCE's Council