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lars, who should be approved by their respective superiors. This pacific suggestion was not accepted, and a war of words and pamphlets ensued. Father Rudisend Barlow, the superior of the benedictine monks, having published a treatise, in support of the exemption claimed by the regulars, in which he exceeded the moderation of just defence, it was condemned at Rome as scandalous and erroneous, and the printed copies of it were ordered to be burned *.
But it had been extensively circulated even among protestants; and it greatly indisposed several persons of each communion against the prelate. Suggestions were insinuated that he intended to establish a court, that should take cognizance of marriages, testaments and other matters, which, in foreign countries, are assigned to the jurisdiction of bishops in ordinary. Upon this, father Rudisend Barlow in the work, which we have just mentioned, laid great stress; he described it "as a new tribunal, as an ecclesiastical jurisdiction highly offen"sive to his majesty, and all the protestants of the "kingdom," and moved that "his majesty should,
by a public edict, prohibit all his subjects under "pain of death, from receiving into their houses, "or assisting in any manner the bishop of Chalcedon, or any of his officials; and order them immediately to discover and denounce them to the "magistracy, as dangerous and turbulent men and "as enemies to his majesty and his temporal govern
* Dodd, vol. iii. p. 157.
99 ment.' The bishop modestly replied to this charge: he observed that "the church had both an "external and an internal court;" that, "as "the external court can bind notorious and scan"dalous sinners, by censures, deprivations and suspensions, which is a pure spiritual authority, so "likewise, in catholic countries, it decides divers litigious causes, and inflicts temporal as well as spiritual mulcts and punishments, and is vulgarly "called the bishop's court:" he declared that "he pretended not in the slightest degree to the last, "but that the former was his essential due."
Thus there had not been the least ground for father Barlow's violent charge; but it considerably increased the general irritation. The catholics were divided; all the secular clergy sided with the bishop, all the regulars took part against him; the laity were split into similar parties, the protestants were scandalized, offended and disgusted, and government, at length, took the alarm. On the 11th December 1628, a proclamation was issued for the apprehension of doctor Smith. This obliged his lordship to abstain from the exercise of his functions, and to live in great retirement. The clamour however, continued, and, on the 24th of March, in the following year, a second proclamation for his apprehension was issued, with an offer of 100 l. to any person who should apprehend him *. Upon this second proclamation, he retired to the house of the French ambassador; and thus sheltered, he exer
Dodd has inserted both proclamations, vol. ii. p. 143.
cised unobservedly, during some time, his episcopal functions. But clamour pursued him into his retreat, he endeavoured to appease it by flight, and repaired to Paris, and continued to govern his flock by his grand vicars.
A remonstrance against him and some of his measures was attempted to be procured: sir Thomas Brudenel, sir Toby Matthews, and sir Basil Brooke, took a very active but not a very accurate part in obtaining signatures to it. With such as could be obtained, it was forwarded to Rome; but it was soon followed by a counter remonstrance, more numerously and respectably signed.
The opposition continued; and its violence increased. It appears that, when doctor Smith arrived in England, he, as doctor Bishop his predecessor had done, assumed the title of ordinary of England and Scotland. This might be an error; but at most it was venial; for, as the pope had given them the power, it was natural for them to consider that they should bear the name of ordinary. Cardinal Bellarmine in his correspondence with bishop Smith had given him that title; and the cardinals Bentivoglio, Lodovici, and Campiani, and the nuncio at Brusselles directed their letters to him as ordinary of England and Scotland. Other cardinals, and father Rudisend, president of the English congregation of benedictines, father Leander, its prior, father Joseph de Sto Martino, provincial of the province of Canterbury, in his own name, and in that of father Bede, provincial of the province of York, addressed him by the same title; it was given
him in the agreement signed by him and the superiors of the benedictines; and finally, the instructions, which were sent to him by the pope for the regulation of his conduct, described him as ordinary both of England and Scotland. At a subsequent time, however, he was admonished by the pope's nuncio at Paris to drop the style of ordinary; and this was afterwards enjoined him by two decrees of the congregation de Propaganda Fide. These also declared that the regulars were not obliged to apply to him for leave to hear confessions; yet that his approbation must be obtained for the administration of what are termed the three parochial sacraments, baptism, matrimony and extreme unction.
A bull to the same effect was also said to have issued from Rome, by Urban VIII. From its first word, it was styled the bull "Britannia,”-doubts were entertained of its authenticity, or at least of its canonical validity: the writer has not found it in any bullarium; he believes, that, the terms of it had been settled, and that it had passed through all the regular stages; but that in consequence of a remonstrance from the secular clergy, backed by the queen, it never was promulgated, and therefore had not, even in the Roman court, the force of a legal instrument.
No objection appears to have been made to the insitution of the chapter: neither does the see of Rome seem to have interfered, in any other respect, with doctor Smith's administration of his diocese. Cardinal de Richelieu favoured him and his cause: his eminence bestowed on him the abbey de Char
roux: the prelate devoted the whole of the income, which he derived from it, except a small portion, which was appropriated for his decent support, to purposes of religion and charity. Still, his adversaries were too attentive to him; they prevailed on the cardinal de Mazarin, the successor of Richelieu, to take from the worthy prelate, his abbey. On this distressing circumstance, for it left him without ade. quate means of subsistence, and afflicted many an object of his actual bounty, he was received by the English nuns of the order of St. Augustin in Paris, in the foundation of whose eonvent he had taken a principal part. They allowed him an apartment in a neighbouring house, which belonged to them. There, he spent his last years in prayer and quiet; and died in 1655, in the eighty-fifth year of his age *.
In the controversy, in which this prelate engaged, he found an able advocate in doctor Kellison, the president of the English college at Douay. His work, "On the Ecclesiastical Hierarchy," is written with learning and moderation; but some passages in it, apparently excluding the regulars from the hierarchy, were thought to be too loosely expressed. In father Knott, the superior of the English jesuits, who wrote under the name of Smith, and in father Floyd, another English jesuit, who wrote under the name of Daniel a Jesu, doctor Kellison had able antagonists: but the works of both the jesuits were condemned by the archbishop of Paris,
* See Dodd, vol. iii. Richard, bishop of Chalcedon, p. 4,--Life, p. 76. Records, 138.