diocesans of the islands who,
notwithstanding the above-cited brief, have tolerated and tolerate the
exemption of the orders for no other reason than the actual scarcity
of secular priests, have authorized that procedure. Therefore, they
practically admit that the indult of St. Pius remains in force, and
that the mandate of Clement XI is impossible whenever the religious
abandon the curacies.

727. Besides, the same fact that the said metropolitan did not put
into execution the above-cited brief of Clement XI as its nature
and authority demanded, gave one to understand either that it was
notoriously surreptitious, or especially grievous and productive of
some scandal, or of irreparable injury to the Catholic religion;
for only through such motives can the mandates of the pope be
suspended. If the first be correct, it is an implied or virtual
declaration that the said order is null and void; therefore,
the regulars can legally proceed with the administration of the
missions without subjecting themselves to the ordinaries, making use
of their former privileges. If the second or third--his illustrious
Lordship having offered in that same act in which he provided for the
suspension of the brief, to inform the pope of the predominant reasons
that determined him to supersede the said brief--in the meantime,
until the said information shall reach him, and the effect that is
produced by it on his Holiness's mind shall be made known to the
religious, the fact that they avail themselves of their privileges
in the administration of the parishes cannot be imputed to them as
guilt. The reason for that is, that they cannot believe that that
prelate will neglect to inform his Holiness of the motives why he
did not proceed with the execution [of the brief]. The fact that the
Roman court has not made any new provision in regard to that matter
shows that, just as in virtue of the allegations of the regulars
the said archbishop found it necessary not to carry his pretension
farther, so likewise the supreme pontiff has tacitly approved and has
left the religious with the exemption that they enjoyed before the
above-mentioned brief. Therefore, in regard to either law, they will
safely be able to proceed with the administration of the churches in
their charge without the intervention of the bishops.

728. Much less can the said brief of Clement XI stand in regard
to the decree that "the regulars cannot resign from the missions
or parishe