SECTION VII.
_Ecclesiastical Jurisdiction._
The sovereign or State may, without doubt, give up to an ecclesiastical
body, or a single priest, a jurisdiction over certain objects and
certain persons, with a power suitable to the authority confided. I
examine not into the prudence of remitting a certain portion of civil
authority into the hands of any body or person who already enjoys an
authority in things spiritual. To deliver to those who ought to be
solely employed in conducting men to heaven, an authority upon earth, is
to produce a union of two powers, the abuse of which is only too easy;
but at least it is evident that any man, as well as an ecclesiastic, may
be intrusted with the same jurisdiction. By whomsoever possessed, it has
either been conceded by the sovereign power, or usurped; there is no
medium. The kingdom of Jesus Christ is not of this world; he refused to
be a judge upon earth, and ordered that men should give unto Cæsar the
things which belonged unto Cæsar: he forbade all dominations to his
apostles, and preached only humility, gentleness, and dependence. From
him ecclesiastics can derive neither power, authority, domination, nor
jurisdiction in this world. They can therefore possess no legitimate
authority, but by a concession from the sovereign or State, from which
all authority in a society can properly emanate.
There was a time in the unhappy epoch of the feudal ages in which
ecclesiastics were possessed in various countries with the principal
functions of the magistracy: the authority of the lords of the lay
fiefs, so formidable to the sovereign and oppressive to the people, has
been since bounded; but a portion of the independence of the
ecclesiastical jurisdictions still exists. When will sovereigns be
sufficiently informed and courageous to take back from them the usurped
authority and numerous privileges which they have so often abused, to
annoy the flock which they ought to protect?
It is by this inadvertence of princes that the audacious enterprises of
ecclesiastics against sovereigns themselves have originated. The
scandalous history of these attempts has been consigned to records which
cannot be contested. The bull "_In cœna Domini_," in particular,
still remains to prove the continual enterprises of the clergy against
royal and civil authority.
_Extract from the Tariff of the Rights Exacted in France by the Court of
Rome for Bulls, Dispensations, Absolutions, etc., which Tariff was
Decreed in the King's Council, Sept. 4, 1691, and Which is Reported
Entire in the Brief of James Lepelletier, Printed at Lyons in 1699, with
the Approbation and Permission of the King. Lyons: Printed for Anthony
Boudet, Eighth Edition._
1. For absolution for the crime of apostasy, payable to the pope,
twenty-four livres.