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exercise the rights "thus given to them by God;" but after the interview of Pope PIUS VI, with the Emperor JOSEPH II, a more recent decree allowed those bishops, who felt any scruple upon the subject, to solicit from Rome the licences they might think necessary; but which can only be granted for their own lives, and must be submitted to the Placitum of the Emperor. These Papal licences, or faculties, are now generally transmitted to the new bishops, with the bull for their confirmation.

It is positively enjoined by the Austrian law that, at the consecration of a bishop, the episcopal oath shall neither be given, nor taken, in any other than its original and proper sense, of a mere canonical obedience to the Pope, in nowise infringing upon the rights of the Emperor, or on the duties, as subjects, to which the bishops are sworn by the particular oath of allegiance and fidelity to their sovereign, which they are obliged to take after their nomination, and previous to their taking the pontifical oath.

Coadjutors to bishops are, now, seldom appointed, but with the right of succession, and are chosen by those who have the right of electing or nominating the bishop; consequently in Austria, they also are nominated by the Emperor, without whose previous consent the bishops are positively prohibited from applying to Rome for a coadjutor, though a bull of BONIFACE VIII, has expressly reserved their appointment, in all cases, to the Holy See. When appointed, these episcopal coadjutors are confirmed by the Pope, after previous information of the cause of their appointment. But by one of the decrees of the Council of Trent (which, subject to the modifications of her own municipal laws, seem generally to prevail in Austria, though never received in Hungary) bishops may, with the consent of their chapter, take to themselves temporary coadjutors: or, if the bishop should be non compos mentis, such coadjutor may be elected by the chapter, or two thirds of it.

Conformably to another decree of the same Council, on the death of a bishop, the chapter succeeds, provisionally, to the exercise of his jurisdiction, as far as it is necessary for the government of the diocese, and must within eight days appoint a vicar general, with one or more administrators, or confirm the vicar of the late bishop; or in default, the nomination devolves on the metropolitan.

-The bishops are bound to present their vicars general to the Emperor, for his approbation, besides which it is provided, in Hungary, that none but natives can be appointed to this office.

Your Committee do not think it necessary here to report the details connected with the elections of the mitred abbots or other prelates not having episcopal jurisdiction;-but as these elections are all regulated by an imperial ordinance, it has been thought advisable to insert some extracts relating to them in the Appendix.

All Papal reservations have been done away with, both in Austria and in Hungary; by the laws of which latter State it is provided, that "no one "shall attempt to procure to himself the presentation or collation to any " ecclesiastical benefice from any other than the king, or those who have "the right of patronage." The Austrian bishops are bound to make the provincial government acquainted with the name, country, place of education, progress, morals, &c. of every candidate for orders; exhibiting due testimonials, and the requisite title, previous to his ordination.

Foreigners after having resided ten years in Austria become domiciled, and may obtain a benefice, provided they can shew that they have either studied theology in one of the universities of the state, or have submitted to the rigorous examination required by the Imperial decree of

March

March 9th, 1784; but the subjects of the former republic of Venice, and of Bavaria, were excluded from all ecclesiastical benefices in the hereditary dominions of Austria, by the decrees of December 30th, 1769, and April 11th, 1770. In Hungary also, no benefice can be conferred on any other than a native.

Finally, In all elections and appointments of the ministers of religion, the right of the sovereign to exclude those " of whom it may justly be "feared that they might abuse their power to the injury of the state, or "at least defeat the expectation, which the state is entitled to form of the "ministers of the church," is most distinctly asserted; and this maxim pervades the whole Austrian code.

ADVERTING to the SECOND of their general Divisions, Your Committee have thought it expedient to insert in the Appendix, several extracts Appendix I, from the "Manual of the Ecclesiastical law of Austria," above noticed, in (F.) which the mutual relations of the church and state are laid down, and which P.74—120. distinctly marks the foundation upon which the PLACITUM REGIUM, or EXEQUATUR is raised, as the great barrier of the state against the encroachments of the Papal See, and to the exercise of which they now beg leave to call the attention of the House.

The PLACITUM REGIUM, as admitted in Austria, is, "the right of "requiring that all ecclesiastical statutes and ordinances be submitted to "the state before their publication, and of prohibiting their promulgation "whenever they are found to relate to objects not essential to the legitimate "ends of the church, or obnoxious to the interests of the state. And this

right extends not merely to rescripts or regulations of discipline, but to "those also which are dogmatical; as something might be added to them "in the mode of their publication or penal sanction, which is not a point "of doctrine.'

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In execution of this power it is provided by the Austrian laws, “That all Papal rescripts, as well originals as authenticated copies, are to be laid "before the provincial government, and afterwards transmitted to the

supreme tribunal, along with the opinion of the attorney general, and "of the provincial government. That this is to be observed not only "with regard to newly emitted bulls, briefs, or other regulations of the "Pope, but also with regard to Papal rescripts of former times, at "whatever period they may have been issued, so that whoever desires to "make use of them is bound to obtain the imperial placet."

That "the bulls already admitted have force of law only, as long as "nothing is prescribed to the contrary by any more recent enactment of "the state."

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That "nothing is exempt from this law, but absolutions granted by "the Roman Penitentiary, whenever they concern conscience only-when "the case admits of no delay, or when the reputation of any one is in danger."

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That "no person is allowed to apply for an indult from the Pope for the "celebration of any new festival, or for any new act of devotion, without permission from the Emperor."

That "kinsmen, relations in prohibited degrees, are forbidden to apply to the Ecclesiastical court for any dispensation, without having previously "obtained the consent of the sovereign for that purpose."

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That," if (in such cases) the bishop thinks the Papal dispensation necessary, especial leave to apply for it at Rome is to be obtained from "the sovereign; which leave is generally granted, on condition that the "said dispensation is to be had gratis.”

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That "all briefs of indulgences are to be transmitted to the court to "obtain the imperial placet. And if any one should wish for any indul66 gence, his petition is to be sent to the ordinary bishop, who is to inquire into the matter if he thinks the granting of any indulgence would be improper, he is to dismiss the petition; but if he thinks that it ought to "be granted, as resting on sufficient grounds, he is to solicit an imperial placet for obtaining or giving greater effect to the indulgence.”

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That "Exemptions from episcopal jurisdiction, are of no avail when they are in contradiction to the general laws of the country, or when it cannot "be shewn that they have been confirmed by an imperial placet, which is absolutely required for the execution of any Papal ordinance, though of ever so long standing."

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That "all Petitions for Secularization (that is for permission to "leave a monastic order) are to be presented to the bishops; and, whether they are granted by the court of Rome, or by the bishops, Secularizations must, in every individual instance, be confirmed by the imperial placet."

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That "the faculties which the bishops themselves, or such of them as are scrupulous of exercising their own rights, obtain from Rome, "should (as has already been incidentally observed) be submitted to the sovereign for his placet."

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That "bishops are likewise bound to submit their pastoral and circular "letters (whether they relate to the whole diocese, or to any part of it, "and whether the clergy only, or all the faithful, are obliged to perform

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or to abstain from any thing, in consequence of them,) to the inspection "and approbation of the provincial civil government, before they are "promulgated."

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That "no one is allowed to solicit at Rome, any ecclesiastical dignity, "or the title of domestic chaplain, apostolical prothonotary, or any similar "distinction, without a previous statement of the expenses which such

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a demand would incur, and without requesting and obtaining the consent "of the sovereign."

That"Ecclesiastical censures have no civil effect, but what is connected "with them by the express, or tacit will of the Emperor. Hence with regard to the civil effect attached to ecclesiastical censures by the common law, no Austrian subject can be excommunicated without the Emperor's consent; and to that end the motive of the excommunication " is previously to be discussed by an equal number of ecclesiastical and "civil commissaries; but the sentence itself is to be pronounced by the

ordinary, and laid before his Majesty previous to its publication, to be "confirmed by his imperial placet.'

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In the like manner," those who have the cure of souls are not allowed "to inflict any external and public punishments upon penitents, by their own authority, and without the knowledge and consent of the provincial "government.

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That " though bishops may visit slight offences of the clergy, which "incur no civil punishment, with some temporal chastisement of a gentle nature, such as a moderate confinement and fasting, yet it is only in consequence of their having a licence to do so from the Emperor."

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That though cathedral chapters

may enact statutes for the canons, to "bind their successors they must have the consent of the bishop, and, "according to the Austrian laws, must likewise be confirmed by the

Emperor."

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Under

Under the other branch of this head of their Report, the Appellate Jurisdiction or "Recursus ad Principem," Your Committee find the Austrian laws distinctly recognizing the principle, that "the right of the

Sovereign to próhibit the summoning of his subjects before any Eccle"siastical court not within the limits of the country, is so firmly grounded "in the universal rights of the state, that it does not stand in need of any

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privilege," and that " he may therefore forbid his subjects recurring to "the See of Rome in those ecclesiastical affairs which belong to the "primitive power of bishops, or he may allow this recourse to be had only "under certain limitations."

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"forbid

In accordance with this express declaration they accordingly any causes concerning the nullity of Religious vows to be laid before the "court of Rome."

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In matrimonial causes, however, when they come under the cognizance of the ecclesiastical courts, if the bishop of the diocese, in the first, and the metropolitan, in the second instance, should differ in their judgments,

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judges are to be appointed, who have not been parties to either of the "former judgments, from whose sentence there is to be no further ap"peal." But if the metropolitan, or an immediate bishop, were judge in the first instance, and a court of delegates had heard the appeal, and the two judgments should differ, the metropolitan is, in case one of the parties to the suit requires it," to ask that a judge may be delegated by

the See of Rome, which office however is to be intrusted only to a native bishop of the country."

It is also clearly established by the Austrian laws, that "an appeal may "be made to the sovereign, against any abuse of the ecclesiastical power,' in which case it is his duty, or that of the civil judge acting on his behalf, to pronounce sentence, "if the matter relates to the defence of civil

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rights, to the maintenance of the tranquillity and safety of the country, "or to the integrity of its privileges."

But if the question turns purely upon ecclesiastical rights, it is the province of the civil judge, who is in nowise to touch upon the internal state or merits of the cause, merely to compel the ecclesiastical judges to observe that order of proceeding which is prescribed by the laws.

Upon this and the preceding point, the "Manual of the Austrian Code "of Ecclesiastical Laws," refers for further information to the works of Van Espen; and Your Committee have therefore thought that they could not better discharge their duty than by putting the House in possession of such parts of the authorities collected by this celebrated Appendix I, Jurist, as seemed most pointedly to illustrate this long disputed question ; adding thereto some extracts from the writings of Schram and Zallwein, two other German Jurists of great authority.

(G.)

p. 120-132.
Ibid. (H.)
p. 133-141.
Ibid. (1.)

p. 142.

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Under their THIRD, or Miscellaneous head, Your Committee have arranged in their Appendix various extracts from the Ecclesiastical law Appendix I, of Austria, illustrative of its nature, source, and authority; by one of P. 74-120. which all the Aulic and provincial tribunals, are ordered to take care that

(F.)

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no episcopal consistory deviates in the least degree from the imperial "statutes, without having first duly solicited and obtained the consent of "the Emperor."

With this point, they have connected others which may be of great use in explaining the nature of the jurisdiction exercised by the secular power. in ecclesiastical affairs; such as-The distinction between the internal and external affairs of the church, and between matters of faith and points of doctrine, and mere disciplinary regulations:

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The power of the Pope, particularly with regard to dispensations; and that enjoyed by the bishops and other prelates in the Austrian do

'minions:

The interference of the civil power, in regulating the external rites of the church, monastic institutions, and the regular clergy:

And finally, such of the Austrian laws, with respect to marriages, in which the jurisdiction of the civil and ecclesiastical power is laid down and explained.

And though the general instruction to Your Committee, "to to report upon the laws and ordinances existing in Foreign states, respecting the "regulation of their Roman Catholic subjects," might authorize them to enter into a detail on each of these points, they conceive it would be needless to do more than refer them to the very clear view, which the Appendix I, documents they have arranged in the Appendix will readily furnish, of the provisions of the Austrian law upon the subject; and which provisions will be found to form a consistent part of the system of ecclesiastical regulation, the leading principles of which they have already developed.

(F.) P. 74-120.

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(C.-E.)

In concluding this head of inquiry respecting Austria, Your Committee Appendix I, have annexed, in the Appendix, extracts from the dispatches of His Majesty's minister plenipotentiary at the court of Vienna, explanatory of the several documents transmitted by him to the Foreign Office; and advices of a subsequent date appear to have been received from authentic sources, intimating that the Austrian government persists in the resolution of "not

P. 72, 73.

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permitting the publication of any Papal rescripts or pastorals from any foreign bishop, without the application of the Regium Placitum; and that the edict, on this head, has been renewed, as the congregation della Riforma was desirous to revive certain ultramontane claims.

II.

The Electoral Archbishopricks of Mentz, Treves, and Cologne, the Archbishoprick of Saltzburg, and Congress of Embs.

UNDER this head of inquiry, Your Committee have examined the "Proceedings and result of the Congress, held at the Baths of Embs, by "the four archbishops of Germany" dated the 25th August 1786.

It appears that the Electoral college, on the 19th of March 1784, addressed the Emperor in his character of "Supreme Advocate and Pro"tector of the Roman Empire,”-complaining of various usurpations of the court of Rome, particularly respecting the interference of its tribunals with the ecclesiastical jurisdiction of the church of Germany, of the frequent appeals to Rome, and of other matters.

The Electoral archbishops of Mentz, Treves and Cologne, exercising also temporal sovereignty within their respective states, had also, in the year 1769, addressed a memorial to the Emperor, complaining of the great. abuses of the tribunals of the Roman Nunciature, and of the judgments in causes brought before them.

In 1785 the archbishop of Saltzburg, exercising also temporal jurisdiction within his principality, uniting with the Ecclesiastical Electors, remonstrated with the See of Rome upon the subject of those abuses, but

without

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