his successors, authority to ordain the election of Popes, and to confirm it; and declared, moreover, that the Archbishops and Bishops in each of the provinces should be obliged to receive their investiture from him, and should not be consecrated until they had done so; and the decree of this council was received among the genuine Canons of the Church, published by Sigebert; as proved against Baronius by the German writers; who judiciously remark, that the expression, Per singulas provincias, "in each of the provinces," in the Pope's grant, specially referred to Italy only, then recently conquered; and not to any of the other provinces possessed by Charlemagne, in which he made use of the right of nomination, by virtue of his succession to the monarchs his predecessors. Report, &c. p. 262. And accordingly, in the year 798, Charlemagne caused the Bishop of Salzburgh to be raised to the rank of Archbishop, over the other bishops of Bavaria: and by his orders, Pope Leo III. conferred upon him the pall and canonical consecration, as appears from his Letter to the Emperor : "The mandate of your Royal Excellency was made known unto us, that we should give the pall to Bishop Arnon: and with a willing mind we have accommodated him, according to your royal mandate; and have granted to the aforesaid Arnon the use of the pall, and canonically ordained him Y Archbishop, in the province of the Bavarians." Gregory, of Tours, and all the ancient French historians, adduce numerous instances of the French kings of the first and second race disposing of the prelatures; and usually state the fact in these words: Talis episcopus ordinatus, jussu regis ascensu vel decreto, "Such a bishop was ordained by the command, assent, or decree of the king." The successors of Hugh Capet did the same, as appears from numerous testimonies of the fact, adduced by Fulbert, bishop of Chartres. Report, p. 262. Sometimes, however, it happened, that prelates who were scrupulous, after their election by the Crown, would repair to Rome, to be confirmed by the Pope; which gave rise to frequent contentions between the Popes and the French monarchs. Thus, when Boniface VIII. in 1301, insolently claimed supremacy over Philip le Bel, in the following terms: "Boniface, Bishop, servant of the servants of God, to Philip, king of the French: Fear God, &c. We wish you to know, that you are subordinate to us, both in spirituals and temporals:" the king thus superciliously answered: "Philip, by the grace of God, king of the French, to Boniface, acting as Supreme Pontiff, little or no greeting: "Be it known to your superlative stupidity, that in temporals we are not - subordinate to any one."Indeed, even the haughty and imperious Innocent III. A. D. 1198, some time before indirectly admitted the French king's claim, in one of his Rescripts: "Besides, as the king himself, by no means, recognizes a superior in temporals," &c. And when an interdict had been laid by the Archbishop of Rheims upon the church of Beauvois, and the Pope's chaplain, Peter de Collomedio, was ordered by his Holiness to enquire more fully concerning it, he was immediately stopped from proceeding to the enquiry, by Louis IX. A. D. 1225. "We were inhibited," says he, "by our Lord, Louis, king of the French, from taking any cognizance of the church-service of Beauvois, or of matters pertaining thereto; or to his royalties, or any matters pertaining to his temporal jurisdiction, either directly or indirectly; and we were ordered not to presume to make any inquiry whatsoever." Report, &c. p. 255. The nature and foundation of the ecclesiastical supremacy of the Crown of France, is thus ably stated by the learned French jurist, Pithou. "It is neither by virtue of the Concordat, of any concession or privilege granted by the Pope, nor in consequence of the practice of other sovereigns and states, that the kings of France exercise the right of appointing to prelatures. The Concordat might be abolished, but the right would still remain. It is inherent in the French monarchs from the commencement of their monarchy: it is an essential appendage of the Crown; kings appoint, because they are kings. "The instant the Church acquired a Civil existence, its Dignities became real magistracies; the disposal of which necessarily belongs to the sovereign, as they are a delegated portion of the Supreme Power, and protected by the laws and by the arms of the state. "There is nothing repugnant either to piety or to reason, that the king shall select from among those who have been regularly ordained, him whom he thinks most proper to be a bishop, or prelate; and to exact from him an oath of fidelity and allegiance. No state maxim can induce the king of France to tolerate, that a foreign power, ignorant of the true interests of this country, or whose interest may be opposite to theirs, should appoint to the prelatures. The patent of the appointed prelates, and their consecration, are left to the Pope; but the choice of those who are to be consecrated, is left to kings.The king has no concern with the spiritual part of the clerical office; it is over its public functions that he presides."- Report, &c. pp. 22, 23, 265. This valuable work "On the Regulations of the Gallican Church, and its intercourse with the See of Rome," first published by Pithou in 1639, and 1651, and enlarged, with the Comments of Dupuy, and Durand de Maillane, and republished 1781, with the royal sanction, and registered in the parliament of Paris, with the special approbation of the College of the Sorbonne, is perfectly authentic, and a document of the first importance in this enquiry. - Report, pp. 22, 255. THE LIBERTIES OF THE GALLICAN In the Gallican Church (that is, in the Assembly not only of the Clergy, but also of all the Faithful of that kingdom) no novelties are admitted, nor any laws, statutes, decrees, or public mandates; not even of General Councils for reformation, or regulation of morals, against the laws, customs, or approved Canons of the kingdom, unless the consent of the king be annexed, according to the Proverb, "Remove not the ancient land-marks which thy fathers have set."— Prov. xxii. 28. And their intercourse with the Church of Rome is regulated by the following maxims, or general rules: 1. The authority of the Pope, even in spiritual matters, is not absolute in France, but restrained and limited by those canons and regulations of the Ancient Councils, which have been adopted in that kingdom. 2. The Popes have no authority to issue any commands, ordinances, or injunctions, general or special, in any country or territory subject to the |