The epoch of the establishment of annats is uncertain, which is a proof
that the exaction of them is a usurpation--an extortionary custom.
Whatever is not founded on an authentic law is an abuse. Every abuse
ought to be reformed, unless the reform is more dangerous than the
abuse itself. Usurpation begins by small and successive encroachments;
equity and the public interest at length exclaim and protest; then comes
policy, which does its best to reconcile usurpation with equity, and the
abuse remains.
In several dioceses the bishops, chapters, and arch-deacons, after the
example of the popes, imposed annats upon the curés. In Normandy this
exaction is called _droit de déport_. Policy having no interest in
maintaining this pillage, it was abolished in several places; it still
exists in others; so true is it that money is the first object of
worship!
In 1409, at the Council of Pisa, Pope Alexander V. expressly renounced
annats; Charles VII. condemned them by an edict of April, 1418; the
Council of Basel declared that they came under the domination of simony,
and the Pragmatic Sanction abolished them again.
Francis I., by a private treaty which he made with Leo X., and which was
not inserted in the concordat, allowed the pope to raise this tribute,
which produced him annually, during that prince's reign, a hundred
thousand crowns of that day, according to the calculation then made by
Jacques Capelle, advocate-general to the Parliament of Paris.
The parliament, the universities, the clergy, the whole nation,
protested against this exaction, and Henry II., yielding at length to
the cries of his people, renewed the law of Charles VII., by an edict of
the 3d of September, 1551.
The paying of annats was again forbidden by Charles IX., at the States
of Orleans, in 1560: "By the advice of our council, and in pursuance of
the decrees of the Holy Councils, the ancient ordinances of the kings,
our predecessors, and the decisions of our courts of parliament, we
order that all conveying of gold and silver out of our kingdom, and
paying of money under the name of _annats_, vacant or otherwise, shall
cease, on pain of a four-fold penalty on the offenders."
This law, promulgated in the general assembly of the nation, must have
seemed irrevocable, but two years afterwards the same prince, subdued by
the court of Rome, at that time powerful, re-established what the whole
nation and himself had abrogated.
Henry IV., who feared no danger, but feared Rome, confirmed the annats
by an edict of the 22d of January, 1596.
Three celebrated jurisconsults, Dumoulin, Lannoy, and Duaren, have
written strongly against annats, which they call a _real simony_. If, in
default of their payment the pope refuses his bulls, Duaren advises the
Gallican Church to imitate that of Spain, which, in the twelfth Council
of Toledo, charged the archbishop of that city, on the pope's refusal,
to provide for the prelates appointed by the king.