como al major régimen y gobierno de compañía de Jesus en uso de la proteccion que debo dispensar á las ordenes religiosas instituidas en mis estados, y de la suprema autoridad económica que el todopoderoso ha depositado en mis manos para la de mis vasallos y respeto de mi corona. Tendreislo entendido, y lo comunicareis para su cumplimiento á quien corresponda. Y de órden de S. M. ló traslado á V. E. para su inteligencia y cumplimiento del consejo. » Publicada en él la antecedente Real órden en dos de este mes, acordó se guardese y cumpliese lo mandado en ella, y que con su insercion se expidiese esta mi cédula por la cual os mando a todos y á cada uno de vos en Vuestros lugares, distritos y jurisdicciones veais la expresada mi Real resolucion, y la guardeis, cumplais y egecuteis, y hagais guardar, cumplir y egecutar en todo y por todo como en ella se contiene, sin contravenerla, permitir ni dar lugar á que se contravenga en manera alguna. Y encargo á los M. RR. arzobispos, RR. obispos, cabildos de las santas iglesias, prelados seculares y regulares, sus provisores y vicarios, y demas jueces ecclesiásticos de estos mis reinos contribuyan al cumplimiento y observancia de lo que va mandado en lo que les corresponda, dando para ello las órdenes y providencias oportunas: que asi es mi voluntad; y que al traslado impresso de esta mi cédula, firmado de D. Bartolemé Muñoz de Torres, mi secretario, escribano de cámara mas antiguo y de gobierno del mi consejo, se le dé la misma fe y crédito que á su original. Dada en palacio á nueve de junio de mil ochocientos quince, Yo el Rey, Yo D. Juan Ignacío de Agestarán, secretario del Rey nuestro señor, la hice escribir por su mandado. El Duque del Infantado. D. Sebastian de Torres. Nicolas María de Sierra. D. Luis Melendez

y

-

Bruna.

D.

Registrada, Aquilino

Escudero. Teniente de Canciller mayor, Aquilino Escudero

Es copia de su original, de que certifico

D. BARTOLOME MUNOZ.

N.o VII.

A.

Copy of a Dispatch from Sir Charles Stuart, K. B. Ambassador Extraordinary at Lisbon, to Lord Viscount Castlereagh, dated Lisbon, October 17th 1812.

[Printed, by Order of the House of Commons, May 21, 1813.]

My Lord

Lisbon, 17th October 1812.

I Have been honoured with your Lordship's circular letter, enclosing certain Queries from Sir John Cox Hippisley, tending to ascertain the extent of the jurisdiction exercised by the court of Rome in this Kingdom; whether by the circulation of bulls, the confirmation and nomination of bishops, or in other cases, where the pretensions of that church affect the temporal supremacy of the sovereign.

The question has been frequently and thoroughly canvassed by the principal legal authorities of the Kingdom; and the reasoning they have brought forward in favour of the rights of the crown, has been conclusive; and on few occasions has been combated by the Roman casuits with any degree of success.

In proof of this assertion, I transmit your Lordship, by the present opportunity, the accompanying works of the jurist Antonio Pereiza, and of Sûr Seabra, with several Public Theses, drawn up according tho the statutes of the university of Coimbra; supporting the doctrines, on which, begond a doubt, all the edicts respecting these important subjects, published since the expulsion of the Jesuits, are legally grounded.

Among these edicts, I send that respecting the bull « de Apostolicum pacendi; >> which positively refers to questions of this nature, and adverts to the prohibition of

all publications under ecclesiastical authority, without the previous approval of the government.

The same principle is laid down officially in the letter addressed by D. Luiz de Cunha, the minister in 1770, to the Pope's nuncio; which is not considered to contain doctrines in anywise derogatory to the established laws of the Kingdom.

The following case, which is perfectly applicable to this question, occurred within the last month:

A Portuguese clergyman, intimate with the nuncio, who had written the enclosed pamphlet, in support of the Italian or ultramontane doctrines, having been refused the licences necessary to publication, printed the work in England. A number of copies having been distributed in this country, the principles they inculcated attracted the notice of the Censor, who immediately drew up and transmitted to the government, the very able review I forward; not only at once going over all the points which have been submitted to my consideration by Sir John Cox Hippisley, bu setting forth the actual law of the Kingdom, shewing the dangerous tendency of the doctrines supported by the court of Rome in Portugal, and inducing the government to direct the procurador da Coroa, or attorney general, to commence legal proceedings against the author.

Though the concordat drawn up by the queen's ministers in 1778, and of which I enclose a copy, does not answer the tone which is remarkable in M. de Pombal's communications with the clergy and with the court of Rome, yet the paragraph alluded to in the marginal note markedt, evidently shews the Italians do not unterstand that any of the rights formerly maintained by the crown' lawyers of Portugal, have been given up.

Though your Lordship is, doubtless well acquainted with the law of Spain on this subject, a consultum of the university of Salamanca, particularly adverting to the situation of the catholics in H. M. dominions, which was

obtained by Marshal Beresford in that city, is so perfectly satisfactory, that I feel il my duty to forward the enclosed copy to your Lordship.

I have the honour to be, etc.

B.

(Signed) CH STUART.

Declaration of the Prince Regent of Portugal, Against the Revival of the order of Jesuits.

Copy of a Dispatch addressed to the Portuguese Minister at the Court of Rome.

Palace at Rio Janeiro, April 1, 1815.

His Royal Highness the Prince Regent, my master, having taken under his consideration the intentions of Pope Pius VIIth, as published in his bull, Solicitudo Omnium, dated 7th August of the last year, by which his Holiness has thought proper to revive the company of Jesus, which was extinct, thereby derogating in so far as the authority of the church is concerned, from the other bull, Dominus ac redemptor noster, of Clement XIVth of glorious memory; His Royal Highness is surprised at this determination of his Holiness, this court never having been informed of it in any way before, although it has had most reason to complain of the offences of the company of Jesus, against which Portugal has proceeded in the most energetic manner, by the ordinance Alvara, of September 3, 1759.

The positive intentions of is Royal Highness being to maintain in their utmost rigour the dispositions of the above ordinance, whatever may be the determination of other crowned heads, even of such as associated for the extinction of the said company, my august master commands me to communicate his resolution to you, in order that you may immediately present a note declaratory of the invariable principles which his Royal Highness intends

to maintain, and conformably to which he enjoins your Lordship to admit no negociation, either verbal or written, on this subject. This determination of his Royal Highness being founded on reasons most solid and proper, can never be considered as affecting, in any way, the invariable sentiments of his veneration and filial love towards the sacred person of his Holiness, and which you are especially charged to express.

His Royal Highness has commanded me to write, upon these principles, to the apostolic nuncio; and by a circular addressed to his ministers residing in the courts of Europe, they are ordered to make a similar declaration, in order to prevent every indirect overture which may be attempted to be made on this subject.

(Signed) Marquis D'AGUILLAR.

Jose Manuel Pinto,

Minister Plenipotentiary at the Court

of Rome.

C.

Copy of a Letter from the Right honourable Lord Viscount Strangfort, Envoy Extraordinary and Minister Plenipotentiary at the Brazils, to Sir J. C. Hippisley, Bart. enclosing Extracts from the Portuguese Laws on the subject of Papal Bulls, etc.; dated

Sir

Rio de Janeiro, February 28, 1813.

In answer to the first of the two principal questions contained in your letter of the sixteenth of last September, il will be easy shew that, originally, the practice of the Portuguese constitution, and more recently, the enactment of specific laws, have uniformly been contrary to the publication, within the Portuguese dominions, of papal rescripts, bulls, or briefs, unless they should have been previously sanctioned by the crown.