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them a toleration of their religion. Now, at this very time, or at least very soon after, he entered into a treaty for the marriage of his son, with the celebrated Henrietta-Maria, the princess of France; and the basis of this treaty was the adoption of the articles, which had been concluded on the projected marriage of his son with the infanta.

Every thing respecting the marriage with Henrietta was settled in the life-time of James :-it was solemnized soon after his decease. The priests, who accompanied her to England, were of the religious order called the Oratorians*. As that order, though it partakes of the nature both of the regular and of the secular clergy, does not, in strictness, belong absolutely to the one or to the other, it was thought likely to prove less offensive than either, to the English nation. But, by the desire of the queen, the oratorians were soon sent back to Paris, and capucins substituted in their place. Lodgings and a

* See "the Memoirs of Monsieur Deageant, containing the "most secret transactions and affairs of France, from the "death of Henry IV. till the beginning of the ministry of the "cardinal de Richelieu. To which is added, a particular "relation of the archbishop of Embrun's voyage into England, "and of his negotiation for the advancement of the roman"catholic religion here; together with the duke of Bucking"ham's letters to the said archbishop about the progress of "that affair which happened the last years of James I. his

reign. Faithfully translated out of the French original. "London, 8vo. 1690."-The relation of the archbishop begins at page 228: Mr. Carte in a note to his History of England, (vol. iv. p. 129,) shews that it is entitled to little credit, if any.

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chapel in Somerset-house had been prepared for the priests who should attend the infanta; these, were now assigned to the capucins *.

Though the facts, which we have mentioned in this chapter, with the single exception of the solemnization of the marriage of Charles, took place during the reign of his father, yet, as Charles was the person, principally interested in them, and his marriage with a catholic princess, had a considerable influence on the events, to which the subject now immediately leads us, we thought that the present was the most proper place for the insertion of them.

*Collier's Ecc. Hist. vol. ii. p. 733. Heylin's Examin. Hist. p. 199. The celebrated Berulle, afterwards raised to the purple, was among the priests, who accompanied Henrietta-Maria to England. (See Histoire de Pierre Berulle, Cardinal de la saint eglise Romaine, &c. par M. Tabaraud, 2 vols. 8vo. Paris, 1817.)-If we credit this writer, the queen met with an unkind reception from the English; and the articles, which allowed to her majesty and her attendants the free exercise of their religion, were not honourably complied with.

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THE appointments of doctor Bishop and of doctor Richard Smith his successor to the dignity of a bishop in partibus, with the faculties of a bishop in ordinary, have been mentioned: the subject now requires us to present our readers with some facts and observations, I. On the nature and extent of their powers: II. On the chapters appointed by them III. On the exemption of the regular clergy from episcopal jurisdiction; IV. And on the contests between doctor Smith and the English regulars respecting these exemptions.

LV. 1.

Nature and extent of the powers of Bishops in partibus with ordinary jurisdiction.

WHEREVER the duties of the divine mission of the apostles carried them, they appointed bishops over the flocks, whom they brought into the christian fold. Thus, in an early age of christianity, it became an universal rule that each distinct diocese,

of which the church was formed, should have its particular bishop; and that no bishop should exercise acts of episcopal jurisdiction in the diocese of another, without his consent*. Conformably to this general rule, the council of Trent, decreed †, that no bishop should, under any pretence, exercise episcopal jurisdiction, in another diocese, without the permission of its ordinary.

The word "ordinary" is used in the canon law, to denote indiscriminately, either the bishop himself, or the person, who exercises, for the time being, episcopal jurisdiction in his stead. When bishops in partibus were appointed in the manner which has been mentioned, they were said to have that jurisdiction over the persons entrusted to their care, which a bishop would have had over them, if they had been the flock of that diocese.

This material distinction subsists between a bishop so appointed, and a bishop in ordinary, that, in respect to the district, over which ordinary jurisdiction is conferred on him, the latter is considered to hold his office by original right, and to exercise its functions of his own authority; the former is considered to hold his office by delegation, and to be removable at the pleasure of the pope, his instituant. This was particularly expressed in the briefs by

* See the ancient canons collected by Gratian, d. g. 1. can. 7.

+ Sess 6. cap. 5. de ufor.

Dodd, vol. iii. p. 7. The brief addressed to doctor Bishop is dated 23 March 1623.-That to doctor Smith dated 4 February 1625.

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which doctor Bishop, and, after him, doctor Smith were appointed bishops of Chalcedon, with ordinary jurisdiction over England and Scotland. The popes granted them "at the goodwill of themselves "and the holy see, licence and faculties, to use and



enjoy all the faculties given by their predecessors "Clement VIII and Paul V to the archpriests, and Fall, which ordinaries use and enjoy in their own "cities and dioceses." They were empowered to hear and determine causes in the first stage; but the hearing of them in the second, that, is by way of appeal, was reserved to the nuncio at the French court.

They were authorized to appoint archdeacons : it was directed that the powers should cease on the restoration of the catholic religion *.

Doctor Bishop erected a chapter, consisting of a dean and twenty other members, to be considered as his standing council; he also appointed five vicars general, and twenty-six archdeacons and rural deans. In the instrument, by which he constituted the dean and chapter, he confers on them all the authority, which deans and chapters have by common right but with an express reservation of due reverence to the apostolic see; and an intimation that he had made an application to the pope, to supply, by the plenitude of his power, whatever might be defective in the institution. He appears to have consulted and advised on this occasion, with Herman Ottemberg, formerly au

* Dodd, vol. ii. p. 466. vol. iii. p. 7, 8.

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