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1751. Second Letter on Pope CLEMENT's Bull. such a ship he sent him a young wo. Recapitulation of mubat was said man of such an age, character, and in the former. (See p. 67-74.) condition, &c. in a word, such as he The Design of this fecord Letter is desired to marry. The letters of ad 19 consider some other Excuses that vice, the bales, and the gentlewo were suggested, or Evasions that man, came safe to the port; and our might be invented, in favour of American, who happened to be one A this Bull; in which the Writer! of the foremost on the pier at the la proceeds thus. dy's landing, was charmed to see a EFORE I enter upon the sub.' handsome person, who having heard ject, I muft necessarily give a him called by his name, told him, liitle analysis of this bull. It ha's “ Sir, I have a bill of exchange up. two parts; the first concerns the on you, and you know that it is not vows that the king and queen of usual for people to carry a great deal B France may have made, and may: of money about them in such a long make for the future. The other re.) voyage as I have now made; I beg lates to the oaths, by which they the favour you will be pleased to pay might have engaged themselves to it.” At the same time she gave him

any thing his correspondent's letter, on the « We readily acquiesce to your back of which was writ, “ The bear. delires, says the popé. Wherefore, er of this is the spouse you ordered C inclined to favour your requeits, wei me to send you."

Hi, Madam!

grant an indulgence, by these presents, faid the American, I never yet suf as wcil to you as to your fucceffors, fered my bills to be protested, and I kings and queens of France, thac. fwear chis Mall not be the first : I the confeífor that each of you Thall shall reckon myself the most fortů. chule, inay commute into other works nate of all men, if you allow me to of piety, the vows which you may discharge it.”

Yes, Sir, replied D have already made, or may make she, and the more willingly, since I hereafter, (except only the vows of am apprized of your character. We

beyond sea, of visiting the churches had several persons of honour on of the blefied Peter and Paul, of board, who knew you very well, chastity and continence,) as allo. and who, during my pasf:ge, have poiver to commute the oaths by you answered all the queflions [ asked taken, or to be taken for the juiure them concerning you, in so advin. E and them, which you camot tageous a manner, that it has raised conveniently keep." in me a perfect esteem for you. I kept to this last article in my This first interview was in a few

foregoing letter, as beng what is days after foilowed by the nuptials, most Arking in the bull. However, which were very magnificent. The if you think proper, we will fay new married couple are satisfied with something alío of the vows, were ic their happy union made by a bill of F only out of mere curiosity. Upon exchange, which was the most fortu this head ire cannot complain of nate that had happened in that island the too great indulgence of the pope. for many years.

On the contrarv, he seems too rigid

in the cases excepted from the dilo We shall bere give our Riadis the penfation.

Substance of the fecord Litter, from I own to you, Sir, I cculd not a Librarian of Geneva, ujon an G have guefied the reason of thee ex, extraordinary BULL of Pope Cir ceptions, sior conceived ary thing mest VI. omitting, fr Brevity's of it, had I not an opportunity of Sukt, ibe Introduction, which is a conversing with a learned eccieii


by you

164 A curious Account of some VOWS, April astick, who lived a long time at power to commute. This exception Rome, and very well knows the stile also is difficult to be accounted for, and the practices of that church. in whatever manner it be understood. We read over the bull together. I The prince called to the crown observed to him my surprize at the might before have made a vow of pope's seeming to concern himself so celibacy. I think, from the momuch for the voyage beyond-sea, or A ment he ascended the throne, he ought the croisades; and that I thought they to be released from that vow, that were no longer in question in the he might have children to succeed 14th century, but must have been him. Another supposition is, that entirely ceased. He answered me, the king and queen, out of a devotion that the three articles excepted in the very common at that time, might, bull might be an antient form, which have made a vow, tho' married, to having began in the time of the B live in continence. But neither did croisades, might have been conti. this vow fuit the sovereign princes, nued in the Roman datary by a kind and the pope ought immediately to of rote of the secretaries. But be absolve them from it, should they fides this, he added, that in the time even have had children already, and of Clement VI. the popes had not tbat, because death might take them altogether Jaid aside the thoughts of away from them. He ought not the conquest of the Holy Land, that Cthen to refuse the king's confessor this devout chimera still ran in thcir the power of dispensing with this heads, and that this pope had brought vow, or at least commuting it, as king John into a new project of a well as so many others. croisade; which, however, could not The abbé to whom I tarted these be executed.

difficulties, answered them, by ob. The second case excepted in the serving to me, that the


had dispensation seems much less impor- D always looked upon the vow of tant ; it is of a vow to go to Rome chastity as one of the most sacred on pilgrimage, ad limina apoftolorum, and most respectable. In regard to that is, to visit the churches of St. the inconveniency there would be in Peter and St. Paul. My ecclefiaftick making the sovereigns observe it, he gave me the following reason, why represented to me, that tho the holy the pope would not remit this vow : father excepts in his bull this vow, « The popes, faid he, have always E and some others, he did not think looked upon this proceeding of the for that reason that they ought to be princes as of great consequence, inviolable. He only meant by it, They have understood it as a kind that it was not for the king's confessor of homage paid them by crowned to dispense with them, because he heads. By this journey of devotion reserved those ca to himself. they seemed to acknowledge the fu. After this little commentary, which periority of the pope, and the au- F I am fure, Sir, will not displease thority of the holy fee." Do you you, let us come to the important not believe, Sir, that, besides this point, which is that of the oaths. abbé's reason for urging the vow, If you have found the holy father those sort of pilgrimages brought a a little scrupulous in granting a difgreat deal of money to Rome, elpe pensation for certain vows, which cially when they were princes whom seem to you of no great consequence, devotion brought thither? G you will find him more tractable up

Finally, the vow of chastity and on the rest : Full power to the concontinence, 'is also excepted' from fessors of the kings of France, in chose that the king's confessor had perpetuity, to ablolve them from


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Authentickness of the BULL. 165 . their oaths, when they should be was when those pieces, which they never so little incommoded by them. gave for ancient, were donations in Here is no exception, no limitati. favour of their order. The bull on, as in respect to the vows: They in question is not of that kind, and are disengaged from their oaths for it does not concern them. They fome works of piety, that shall be rather were concerned to suppress it prescribed to them by a confeffor of A for the honour of their church, than their own chusing

to expose it to all the world. Nothing is more commodions for To satisfy you entirely, Dom the princes, whom the pope has a Luke d'Acheri tells us from whence mind to favour, than a like decifion. he had the brief, viz. from a manuBut it is purely what is vague in it, fcript preserved by the Benedi&ines which has made you think it re of St. Florent at Saumur, which is quired a new examination. One B a collection of bulls granted by recan hardly believe, that the head of veral popes in favour of the kings of the church should have exposed him France *. This monk is not the self to such a degree. Perhaps this only one who has mentioned this bull offends us only because we do piece. John du Tillet, well known not well understand it. Might it among the historians of France, had not receive a good sense ? You have given the substance of it 100 years conversed, you say, with some of your C before the Benedictine. We have a friends about it. They have turned work of his, intitled, An account of it every way to try to make some

the kings of France, their crown and thing tolerable of it, and you have house. In an inventory he gives us caken upon you to be, as it were, of the privileges and indulgences the reporter, to communicate to me granted to the kings of France by the all that came into their minds upon popes, we find this title, " A bull it.

D from pope Clemens VI. giving power The first doubt which the fingu to the confeffors of king John and larity of this act raised in you, con queen Joan his wife, to commute the cerns its authentickness. You ark vows by them made, and oaths, into me cherefore, whether it may not other works of charity. Du Tillet be a counterfeit piece ? You desire was chief register of the parliament to know from whence he that has of Paris, and had examined all the given it to the publick, had it. No. E records of it. He has led us therething can be more fair than this fore to the spring head, and pointed method. We should always be very out the very trunk where this original fure of a fact, before we pretend bull is locked


t. to explain it.

You go farther, and add, that it In answer, therefore, I shall ob- is likely Dom Luke d'Acheri, who serve, first, that there might be some was the first that gave this bull enground for your scruple, had it been i tire, did not look upon ie in so bad a any protestant controverfift who had “ light as we. If he had thought it so drawn this odious bull out of dark

ignominious for his church, he would ness. But I think that having it have been aware, you say, of mak. from the hand of a Benedictine, iting it known, without necessity. But cannot be suspected by us. It is this objection proves at molt, that the true, some charters, which had been Benedictine wanted a little prudence, produced by those monks, great G and was more touched with the searchers into old citles, have been pleasure of discovering anecdotes, more than once distrusted; but it than with the honour of the holy fee.

After Spicilegium, com. 4, p. 28. In tbe trunk marked wirbin, Bullæ papiles, quamplurino privilegia & facultates regibus concelia continentes. Di Tiller, laff delion, 160728.44.

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166 The Difference between Vows and Oaths. April After all, his reserve would have selves, of our own mere motion, been of no great service, fince du the necessity of doing certain things, Tillet had already said, long before, to which, without it, we hould not in brief, what the bull contained. have been obliged, at least precisely But from the open manner in which and determinately. A vow differs he has published this brief, you from an oath, in as much as this conclude that he gave it some soft- A principally and directly relates to ned sense. But you will own, Sir, some man to whom it is made, calthat on this supposition he was very - ling God to witness to what we have wrong not to communicate to the

engaged ourselves +. publick, in a little note, that fa I own however, that a man to vourable explanation, which would make his vow ftill more solemn, and have taken off all the scandal.. to bind himself more, might add

That which he has not done, you B an oath to it. He might declare, and your friends have undertaken. that, in cafe he should not execute

You have, first of all, contrived what he had engaged to do, he was a'turn of phrase, which would di ready to submit to all the divine venminish a little the blow the bull gives geance. What follows from thence ? to found morals; which is, to refer That this vow ought to be inviolable. what it says of the oaths to the vows And on your supposition this is preof which it had spoken, and not to C cisely that from which the


dila the treaties or the promises the king engages the prince the most easily. had made. According to this, the If the question be a simple vow to

vows and the oaths would not be two go on pilgrimage to Rome, the pope ; different articles. The pope's deci refuses the king's confessor the power

fion would be reduced only to this,' to coinmute it : But for any other that the confessor might commute the vow where an oaih has intervened, vows even made with an path. But D he gives him authority to annul it, the construction of the Latin 'text if the king finds it ever so little incannot bear this palliative. Pray convenient. You will own, Sir, that consult the original *. I send you this is a fine decision, and very prothe bull entire, because you

tell per to falve the honour of the pontiff! thal you have not any longer at your And indeed, du Tillet and d'Acheri disposal M. de la Chapelle's work, have taken care not to confound thus where it is inserted.

E the vows and oaths. Both of them Vows and oaths in the general are make two separate articles of thein. two things, which hould not be con Here is the title which the Benedic. founded, and which even very rarely tine has put to the bull, “ That the moet together. Every one knows,

confeffor to the king and queen may that a vow is a religious promise commute their Vows and their. made to the Lord, which is generally oaths I." done on aking some favour, as the F After all, say you, there is r.o cure of a disease, the success of an mention made in this bull either undertaking, &c. And they ac of conventions, or alliances, or any quit themselves of it afterwards, to thing like it. Why therefore should teltily their gratitude.

it be charged with having served the says M. Barbeirac, is an engage kings of France to violate the faith ment into which we enter directly to of treaties? But, Sir, when it speaks wards God, and a voluntary engage. G of the oaths which they and their ment whereby we impose on our successors could not conveniently

keep, seuld have been in tbe bull, Indulgemus ut confesor valeat cummu'are in alia operrpetatis, vota etiam cum juramento ; abereas it is, nec non juramenta, obat is, Hegrane bim ibe power to commute tbe vsws, as also ibe oarbs. Cumberland's trasllation, ob... § 16. 104 1 Rund sonjelje porejó mulare voia & jurameria ec? Lm2,


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1751. Prastice of Ecclefiafticks with regard to Oaths. 167 keep, this can be understood only. It has thereby happened, that an of the obligatory caths, whereby oath is one of the things whereby the. we have engaged ourselves to fome ecclefiafticks have most advanced thing. An oath very often signifies their temporal interest, and incroacha promise made with an oath. It is ed upon the rights of the magiftrates. a short way of fpeaking, common The use of an oath was introduced to all languages. When we speak, A into most of the affairs of life, and as for example, of an oath of fidelity, the ecclesiasticks cunningly seized the it is plain that we mean thereby the right of judging of the validity of promise that any one has made to be caths, they drew on themselves, by faithful.

this means, all civil causes *" You offer still another argument This, if I remember right, is all to prove, that the question here is that


have communicated to me, not of treaties or promises. The bull B to discharge this bull of what appears says, that the vows and the oaths odious at the first reading. One canmade by the king may be commuted not plead better for it chan you, coninto other works of piety. You lay a jointly with your friends, have done. great

Itress upon the word other. Had you had a pension from Rome, Treaties upon political affairs are not you would not have employed your. works of piety. - It must be said, self in it with more zeal, But it is therefore, either that the pope has C nobler in you to have done it in a exprelled himself altogether impro. disinterested manner, and in favour perly, or that the dispensation con of the head of a religion opposite to cerns solely the vows accompanied . yours. Not to be behind-hand with with an oath,

you in generosity, I am going to supIt must be owned, Sir, that this ply what you have omitted, and to last turn is contrived with great sub furnish you with two or three very tilly. However, I believe it is not D specious turns to serve as a varnish very difficult to answer it. It may

to the bull. be said, that these words, into other I take the first of these palliatives works of piety, relate principally to from the translation which M. de la the vows, but they may likewise be Chapelle has given us of it. Would relative to the promises supported by you have believed, Sir, that the rean oath. Every one knows, that an porter of the bull should be the very oath is an act of religion, a branch E person to furnish wherewithal to of adoration, a manner of invoking inake its apology? In the mean time the name of God. There is there the scandal almost entirely disappears fore no reason to be surprised at the in his version. “We grant by thele bull's ranging it among the works or presents, (he makes the pope fay) the acts of piety. The


have that the confessor of the king and even a great interest in putting the the queen may commute into other oaths always in that clais. It is by F works of piety, the vovas already looking on them in this light that made, or to be made, except only they have drawn to themselves the the vows of beyond-lea, of visiting cognizance of those cales.

the churches of the blessed Peter and Here is a remark of M. Barbeirac's Paul, of chastity, and of continence, proper to confirm what I have ad as well as the oaths by then taken vanced.. “ The christian princes, or to be taken for the future, which says he, often charged the bithop: G they cannot conveniently keep." with the cognizance of the validity Pray observe, that in this manner of oaths, and with the difpenfation of translating, the oaths are ranged of those which they should find null. among the cases excep:ed out of its

Barbeirac upor Puffendorff, p. 483,

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