Gabriel-Nicolas Maultrot

Gabriel-Nicolas Maultrot , jurisconsult and French canonist, born with Paris in 1714.

Biography

It entered strong young person to the bar, and was accepted lawyer with the Parlement of Paris in 1733: it was at the time of the contentions of the magistrature with the clergy; and the order of lawyers had taken a rather great part there. Maultrot adopted the principles pro-Jansenists which he saw dominating among his fellow-members, and who tended to give them more importance. They then published many memories and consultations on the disputes which reigned in the Church; and one often called upon their ministry against the ecclesiastical authority and his judgments.

Maultrot, by delivering to the canonical Right, thus studied it with the spirit which prevailed in sound body. He pled little, and he had only his reputation with his writings, which are in great number.

He contributed with his fellow-members Henri Jabineau and Blonde to the drafting of the Nouvelles ecclesiastics, or Memories to be used for the History of the civil Constitution of the clergy , newspaper which began the September 15th 1791 and which lasted only approximately a year. Maultrot replaced Jabineau there, after the death of this one.

The French revolution made him lose part of its fortune, which was placed in revenues on the State. It was obliged to sell its library, and for roof of misfortune, the usher-appraiser in charge of the sale made bankruptcy and carried the price of its books to him: it supported this loss with courage, and found then resources which supported it in its old age.

He died, the March 12th 1803, in his 90e year. This writer was informed in the canonical right; but it is heavy and diffuse, and it did not have art to make attractive the systems, moreover rather odd and even hétérodoxes, that it had adopted on the rights of the Second order and the Concile of Thirty.

Publications

We will quote only its memories most important, and its works on matters of religion, of canonical right and jurisprudence. The list will be still rather considerable.

It includes/understands:

Apology for the judgments given to France against the schism by the secular courts , 1752, 2 vol. in-12, and 1753, 3 vol. in-12. There is only the second part who is of Maultrot; first is of the abbot Mey, his friend. There is against the Apologie a brief for Benoît XIV, November 20th 1752;
Consultation for Misters of the Chalotais, dated from the June 13rd 1778 , in-4°. This Consultation rolls only on one point of procedure and not on the bottom of the business.
Maxims of the public law French . It is the Mey abbot who is the first author of this work, initially published in 1712, 2 vol. in-12. Maultrot and Blonde increased it, and made it appear in 1775, 2 vol. in-4° and 6 vol. in-12. The frontispiece carries the title of Amsterdam , at M. - M. Rey; the same one which printed the majority of the philosophical books of this time. This one is rather bold and is not free from declamation. Instead of offering a substantial and thorough discussion, the authors generally restrict themselves to it to gather opinions.
Consultations for the priests of the diocese of Lisieux, against of Mandements of their bishop , 1774, vol. in-12. It is signed, in addition to Maultrot, by the lawyers Vancquetin, Viard and Camus, and was removed by a stop of the council of the king of the November 26th 1775.
Essay on the Form , 1775, large vol. in-12; Maultrot is declared there highly against the signature of the Form, though prescribed with the assistance of two authorities.
Letter of the November 15th 1774, with Mr. of Beauvais, on its Funeral oration of Louis XV , 1775, stitched, in-12. It is a rather sour criticism of this speech.
Rights of the temporal power, defended against, 2nd part of the Acts of the assembly of the clergy of 1765 , 1777, stitched, in-12. This assembly and the clergy in general is treated there in a very unfavourable way.
Memory on the nature and the authority of the assemblies of the clergy of France , 1777, vol. in-12, where he claims to reduce these assemblies to be pronounced only on temporal objects;
divine Institution of the priests, and their right to the general government of the Church , 2 vol. in-12. In this work and several of the following, Maultrot exalte much prerogatives of the priests and the priests, and it is what was worth to him the lawyer nickname of the Second order.
Rights of the Second order defended against the apologists of the episcopal domination , flight, in-12. This writing and the precedent has still as an aim to support the priests of the diocese of Lisieux against their bishop.
Right of the priests in the Synod, or council diocesan, with a collection of synods , 1779, 2 vol. in-12;
the Priests judges of the faith, or Refutation of the dogmatic and historical Report of the abbot Corgne, concerning the judges of the faith, 1780, left in-12;
the Priests judges in the councils, and with the bishops, or Refutation of the Treaty of the councils in general, the abbot Ladvocat , 3 vol. in-12;
Essay on the arbitrary interdicts of the celebration of the mass to the priests who are not diocese , 1781, vol. in-12. The author as milked there proper bishop and promise of obedience as one makes him.
Essay on the approval of the preachers , vol. in-12. It is still directed against the work of the Corgne abbot.
the Approval of the confessors, introduced by the Council of Thirty , vol. in-12;
Essay on the approval of the confessors , 1784, vol. in-12;
Examination of the decree of the council of Thirty on the approval of the confessors , 1784, 2 flight. - in-12.
immediate ordinary Jurisdiction on the parishes , vol. in-12. Maultrot wants to prove there that to the priest alone the jurisdiction for all the functions belongs which are not expressly reserved for the episcopal character.
Treated cases reserved with the pope , 1785, 2 flight, in-12;
Treated reserved cases anx bishops , 2 vol. in-12;
Treated confession of the moniales (or nuns) , 1786, 2 vol. in-12;
Defense of the Second order against the ecclesiastical Conferences of Angers , 1787, 3 vol. in-12;
True nature of the marriage; exclusive right of the princes oppose preventions to it Diriment S , vol. in-12;
Wear relative with the natural right , 1787, 4 vol. in-12, whose two last are against the book of the abbot Beurey;
Exposure of the rights of the sovereigns on the diriment preventions of the marriage, and on their exemptions , 1787, vol. in-12;
Examination of the decrees of the council of Thirty, and French jurisprudence on the marriage in France , 1788, vol. in-12;
Examination of the principles of the Pastoral of Paris , 1787 and 1788. It appeared of them successively four parts, on the sacrament of the order, penitence, the censures and the marriage.
Essay on the matrimonial exemptions , 1789, in-12;
Defense of the right of the priests in the synod against the Conferences of Angers , 1789, in-12. One sees enough, by the number and the title of these works, which were the opinions and the fruitfulness of the author. Concerned about its system, it sling all that is opposed to it; and the authority even of the council of Thirty does not impose to him. It is one of those which started in the Church to deviate from the respect due to a ecumenical Council, and it found in lately imitateurs.
Consultation on the use of the money of payable royal effects in the long term , 1789, in-8°;
Discipline of the Church on the marriage of the priests , 1790, in-8°. It is an answer to the book of Gaudin, entitled Inconvénient of the celibacy of the priests , of which it had appeared a new edition in 1790.
Origin and right terminals of the temporal power, according to the holy books and the tradition , three parts, whose first appeared, in 1789 and the two others the next year; each part makes a vol. in-12. The date of this work explains the opinions of the author; it fights this maxim there, that the power of the kings comes from God. According to him, it is of the people that sovereignty emanates, and it can give it or remove it. The consequences of such a system do not frighten it more than the doctrines of Bossuet and of Arnauld does not stop it. It shakes their authority and does not refute them that by Paralogisme S. It is perhaps a rather remarkable thing, that a party which had put the authority of the Church between the hands of the princes ended up putting the power of the princes between the hands of the people. It is said that Maultrot had wanted since giving an 2nd edition of its book, but that death prevented it. Had the spectacle of the French revolution brought back it to other feelings? It is what one seems founded to conjecture according to the party that it took on the civil Constitution of the clergy. This dedicated lawyer of the Second order suddenly became a burning defender of the rights of the episcopate and Church; and its last work was entirely devoted to this cause. With the first noise of the projects of innovation of the constituent Assembly, two bishops had charged some canonists with writing a report to show the incompetence of the civil power on the erection and the removal of the episcopal sees. Henri Jabineau drew up, the March 15th 1790, a consultation (1), which did enough noise then. It was signed of Maultrot, Mey, Daléas, Meunier, Vancquetin, Maucler, Blonde and Bayard, and was successively supported by large, many works, among which we will quote only those of Maultrot.
Observations on the project to remove in France a great number of évêchés , 32 pages;
two Letters with Mr. Faure, lawyer, who, in a Consultation of the May 27th 1790, had claimed to refute that of the preceding March 15th , 123 pages;
two Letters in Jabineau on the opinion of Camus, concerning the constitution of the clergy , 155 pages;
two Letters with a friend on the report/ratio of Martineau, and another on the opinion of Treilhard , 215 pages;
Evidence of the incompetence of the temporal power in the establishment of the civil constitution of the clergy , with a continuation, 72 pages;
Counterpart with the development of Camus , 38 pages;
Comparison between the reform of France and that of the England, under Henri VIII , 73 pages;
Explanation of gun XVII of the Council of Chalcédoine , 66 pages;
Explanation of a fact drawn from the Life of Midsummer's Day Chrysostome , 69 pages;
Letters with Mr. To cart Rock . There are four letters which form on all 233 pages.
Vain efforts of the defenders of the oath, or Retorts with Mr. the abbot Baillet , 47 pages;
the Independence of the spiritual power defended against the Condom (of Larrière), 136 pages;
Examination of the writing entitled “Ultimatum with Mr. bishop of Nancy, by Bertholio. ” This Examination is in three parts, which form 296 pages. Bertholio was a lawyer who had tried to refute the work of Mr. of the Fare: Does Which have to be the influence of the National Assembly on the ecclesiastical and religious matters? Maultrot fights the false principles and the false reasoning of its fellow-member.
History of Saint-Ignace and Photius , 97 pages;
True idea of the schism against the false principles of Mr. Camus and of the constitutional pastors , 80 pages;
Doctrines of Holy Cyprien on the unit of the Church and the schism, applied to time present , 111 pages;
History of the schism of the Church of Antioche , 237 pages;
True principles of the Church, morals and the reason, on the civil constitution of the clergy, reversed by the false bishops of the departments, members of the constituent alleged National Assembly , 182 pages. It is an answer to the Accord of truths principles which eighteen constitutional bishops had published.
Comparison between the constitution of the Catholic church and the constitution of the new Church of France , 301 pages. ;
Defense of the true idea of the schism, against the author of the old ecclesiastical news , 127 pages;
Authority of the Church and its ministers defended against the Continuation of the Condom (of Larrière), 257 pages. Others still believe capacity to allot to Maultrot, on the same controversies:
summary Reflections on the civic oath , broch. ;
Evidence of the intrusion of the constitutional pastors ;
the Constitution of the Church avenged against the Answer for the bishop for Pistoie and against the new errors for the author for the Condom against the schism , 97 pages;
Incompetence of powerful civil in the erection of the metropolises and of évéchés, shown again by capitulary of Charlemagne , booklet;
Examination of the principles on the intrusion, posed by Mr. Larrière, in the Continuation of the Condom against the schism , 259 pages;
Examination of the principles on the schism, posed by the same one, and New defense of the true idea of the schism , 246 pages.

This great number of writings on the same matter will appear all the more astonishing as Maultrot then had more soixante-seize years; and one to hardly imagine that it could accumulate so much volumes in the two years space. What will increase the surprise, it is that it was then blind, having completely lost the sight sixteen years before its death. It thus dictated all these last writings; and its memory was so sure, that it indicated in the most precise way, with its secretary, the books and the passages which it needed.
It is necessary to also believe that it was helped in the composition of a so great number of volumes by his Jabineau friends, Mey, Blonde, Meunier, who shared his opinions and it appears that they had share especially with the booklets indicated above, Nos 55 and following.
We returned here, not to stop the order of the matters, the work which follows:

Defense of Richer, dream of the Richérisme , in-8°. It is an answer to the writing of the abbot Barruel: important Discovery on the true system of the constitution of the clergy . In 1795, the P. Lambert had published four Lettres with the Ministers for above constitutional Eglise . Maultrot added a fifth of it the following year.

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