<!-- Pramāṇa, a library of Indian primary sources · https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1 -->

[Pramāṇa](https://indike.org/pramana/) › [Indian literature](https://indike.org/pramana/in) › [Dark Ages](https://indike.org/pramana/in.darkages) › [Travellers (1500–1858)](https://indike.org/pramana/in.darkages.travel) › [Storia do Mogor](https://indike.org/pramana/in.darkages.travel.manucci) › [Storia do Mogor (Irvine)](https://indike.org/pramana/in.darkages.travel.manucci~en-irvine) › 362.1

# Storia do Mogor 362.1

Storia do Mogor (Irvine) 362.1

- **Language:** English

### [362.1.1706](https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1.1706)

A quodam decreto, seu declaratória lata ab Illustrissimo et Reverendíssimo D.°, D.° Alphonso Meliapurensi Episcopo contra Patrem Spiritum Turonensem Capucinum Missionis Pudicheriensis, nec non ejusdem Ordinis Religiosorum Missionariorum in ea commorantium Superiorem, in qua ipsum declarat incidisse in excommunicationem Bullae 'In Caena Domini,' privatque communione fidelium, et timens dictus Pater magis aggravari in posterum, judicem superiorem, cui de jure competit, in his scriptis \[273\] provocat, et appellat, et de nullitate dicit, petens Apóstolos saepè saepius, saepissime, instanter, instantius, instantissime; salva semper et intacta reverentiâ debita Praelato Illustrissimo et Reverendíssimo Meliapurensi Episcopo quam vel minimum laedere nullo modo intendit appellans, sed solummodo se ipsum à gravamine liberare: tenebatur namque Illustrissimus ac Reverendissimus Meliapurensi Episcopus contra dictum appellantem procedere juxta formam juris praescriptam in Capite 'Qualiter et quando de accusatione et denunciatione' in 'Decretalium' et observare sacras sanctiones in dicto capite expressas, quibus non servatis quidquid contra dictum appellantem intentatum fuit absque forma ibidem praescriptâ cassum et irritum debet reputari. Et ideo ab iis omnibus provocat et appellat, et de nullitate dicit, ut supra, et à non admissione praesentis appellationis, vel à denegatione Apostolorum, aut à quocumque actu alio in spretum hujus appellationis in posterum forsan facienda (quod non credit) iterum provocat et appellat et de nullitate dicit non solum semel, sed bis, et ter, et toties quoties opus fuerit, ita ut sit semper ultimus in appellatione et in appellando et protestando de attentatis et attentandis non solum isto, sed, omne alio meliori modo.  
Datum Madraspatam sub die 23 mensis Decembris, 1706.

### [362.1.1706\_2](https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1.1706_2)

Frater Spiritus Turonensis, Caps Misslls Apostus.  
\[Father Esprit of Tours, a Capuchin of the Pondicherry mission, and also Superior of the Religious of that order, the missionaries dwelling there, in these presents (lit., 'writings') earnestly appeals against and proclaims the nullity of a certain decree or declaratory sentence passed by the Most Illustrious and Most Reverend Lord Alphonso, Bishop of Meliapur, in which the father is declared to have fallen into the excommunication of the Bull 'In Coena Domini,' and to be excluded from the communion of the faithful.  
The said father, fearing that worse will befall him hereafter, appeals to and invokes the superior judge, who is legally competent to entertain the appeal, and he maintains the nullity of the sentence, seeking the Apostoli (the leave of the Court of First Instance to appeal) over and over and over again, earnestly, very earnestly, most earnestly, preserving always intact the reverence due to the Most Illustrious and Reverend Prelate, the Bishop of Meliapur, which he has no intention of lessening, but merely desirous to free himself from the weight of the accusation. For the Most Illustrious and Reverend Bishop of Meliapur was bound to proceed against the said appellant, according to the form of law laid down in the chapter of the Decretals, 'Qualiter et Quando de Accusat,' (lit., How and When concerning Accusations and Denunciations), and to observe the sacred sanctions laid down in the said chapter. And as these conditions have not been observed, whatever proceedings were taken against the said appellant without the prescribed form ought to be considered null and void. And therefore from all these proceedings he appeals, protests, and maintains their nullity, as above : and against the \[possible\] non-admission of the present appeal, or denial of letters of appeal (Apostoli), or anything which may hereafter, perhaps, be done by anyone in despite of this appeal, he again protests, appeals, and declares null, and that not only once or twice or thrice, but as often as occasion should arise : so that he may always be the last \[i.e., ' be always to the fore '\] with his appeal, and in appealing and protesting not only in this, but in any other better method, against the things attempted, or which may be attempted, against him.  
Given at Madras on the 23rd day of December, 1706.

### [362.1.p3](https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1.p3)

Friar Esprit of Tours, et cetera.\]  
The Lord Bishop, after having refused many times to receive it, at last, by dint of supplications, was made to read the above petition of appeal ; and the Reverend Father Guardian then praying him to be so good as to verify it, he wrote on the margin the following words : ' We have replied to the request here made — S. Thome, 23 December, the Bishop of Meliapur.' Gentlemen, you \[274\], who have unbounded understanding, just read, please, the petition in appeal and the reply to it. Consider, I conjure you, what connection there can be between the one and the other ; since it is a white answer to a black question. The same peculiarity is found in all the documents we hold. Therefore judge now if it is necessary to lay any great stress on the unworthy way in which we are treated ; and from this you can gather, gentlemen, if the Capuchin fathers occasionally moan, whether they do so without cause or meaning.  
When we had in our hands the petition of appeal which his Lordship had so admirably justified, the Reverend Father Guardian, after a minute or two's conversation, rose to take leave of the Lord Bishop. I, however, before I rose, said : ' My Lord, if I had known what I do at this moment, I should certainly never have come to a country where they behave so well to poor missionaries — men who have abandoned father, mother, relations, and friends ; who have suffered so many dangers, and have come from such far-off countries in the hope of gaining some souls to Jesus Christ ; who have been on their feet for twenty-five to thirty years, like the Reverend Father Esprit, and thoroughly wearied themselves from morning to night, without an hour of quiet on any one day : only to have had perhaps the discomfiture, such as this reverend father has had, of seeing affixed to the doors of the churches an excommunication or declaration against myself, whereby I was declared accursed, and doubly accursed of God Omnipotent, of the Apostles St. Peter and St. Paul, and of all the other saints in the quire celestial ; at the very time, too, when your priests, who lead, for the most part, idle and scandalous lives, are treated by you with the greatest softness — yes, there have been men to be found among them, and are yet to be found daily, who have fallen into such disorders that propriety forbids my stating them ; men who have caused public scandal in many places ; who trade openly ; who in drunkenness have lain down in the middle of Madras streets in the sight of the heathen and of the English gentlemen ; there have been some among them, I say, who have gone to your Lordship's very door, arms in hand, and, unable to obtain the execution of what they had premeditated, have abused you up-hill and down-dale without the slightest correction being applied to them. But the poor Capuchin fathers ! who have shown to your Lordship nothing but respect ; who rush hither and thither from morning to night to gain even one soul to Jesus Christ ; who cannot be accused of the minutest fault in their lives and habits ; who seek to do good to all men ; who have never given an opening for anybody to complain — these fathers receive from you nothing but inhuman treatment ! Of a truth, my Lord, we feel this acutely enough, nor can I conceive how a bishop, who ought to follow the dictates of equity more than anyone else in the world, can leave the transgressor in impunity and chastise the innocent.' As I was finishing what I had to say his Lordship turned his back on me, whence I was aware that there was nothing more to be done. Therefore, making a sign to the gentlemen who had come with us, we withdrew at once.  
The Reverend Father Esprit and the Reverend Father Michel Ange had supposed that the Lord Bishop would have adjusted the dispute so happily as to render it unnecessary to present the above-referred-to petition of appeal \[276\] ; for they had been assured that his Lordship meant to quiet things down. Now they found there was no other course open than to secure the attestation of the papers they held, and to call the fourth time for the Apostoli in the process of the Reverend Father Esprit. After having put in order all the papers, ready for the attestation of his Lordship, the Reverend Father Michel Ange started the next morning for San Thome. On arriving at the palace of Monsignor, he asked for leave to speak to him ; the answer he received was that if he was come on a visit he could enter, but if he came on business he could just go back to Madras. Although he thought this a most surprising and extraordinary procedure, yet, not wishing to give any incitement to his Lordship for farther hurting us, what he had done already being more than we could bear — for an excommunication is a most insupportable thing — the Reverend Father Michel Ange said that he only came to see his Lordship, and put off speaking of business till the next morning. He then went again, taking the Reverend Father Esprit, so that the Capuchins might not be accused of declining to submit themselves to the Lord Bishop.

---
Source: [https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1](https://indike.org/pramana/in.darkages.travel.manucci~en-irvine.362.1) · Pramāṇa
