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the means of replacing。   Helplessness; indifference; or

malevolence; such are the various dispositions which are encountered

among the new authorities whose duty it is to support and protect

them。  To let loose persecution there is now only needed a decree

which puts the civil power in conflict with religious convictions。

That decree is promulgated; and; on the 12th of July; 1790; the

Assembly establishes the civil constitution of the clergy。



Notwithstanding the confiscation of ecclesiastical property; and the

dispersion of the monastic communities; the main body of the

ecclesiastical corps remains intact: seventy thousand priests ranged

under the bishops; with the Pope in the center as the commander…in…

chief。  There is no corporation more solid; more incompatible; or

more attacked。  For; against it are opposed implacable hatreds and

fixed opinions: the Gallicanism of the jurists who; from St。  Louis

downwards; are the adversaries of ecclesiastical power; the doctrine

of the Jansenists who; since Louis XIII。; desire to bring back the

Church to its primitive form; and the theory of the philosophers

who; for sixty years; have considered Christianity as a mistake and

Catholicism as a scourge。  At the very least the institution of a

clergy in Catholicism is condemned; and they think that they are

moderate if they respect the rest。



〃WE MIGHT CHANGE THE RELIGION;〃



say the deputies in the tribune。'66'  Now; the decree affects

neither dogma nor worship; it is confined to a revision of matters

of discipline; and on this particular domain which is claimed for

the civil power; it is pretended that demolition and re…construction

may be effected at discretion without the concurrence of the

ecclesiastical power。



Here there is an abuse of power; for an ecclesiastical as well as

civil society has the right to choose its own form; its own

hierarchy; its own government。  … On this point; every argument that

can be advanced in favor of the former can be repeated in favor of

the latter; and the moment one becomes legitimate the other becomes

legitimate also。  The justification for a civil or of a religious

community or society may be the performance of a long series of

services which; for centuries; it has rendered to its members; the

zeal and success with which it discharges its functions; the

feelings of gratitude they entertain for it; the importance they

attribute to its offices; the need they have of it; and their

attachment to it; the conviction imprinted in their minds that

without it they would be deprived of a benefit upon which they set

more store than upon any other。  This benefit; in a civil society;

is the security of persons and property。  In the religious society

it is the eternal salvation of the soul。  iii In all other

particulars the resemblance is complete; and the titles of the

Church are as good as those of the State。  Hence; if it be just for

one to be sovereign and free on its own domain; it is just for the

other to be equally sovereign and free; If the Church encroaches

when it assumes to regulate the constitution of the State; then the

State also encroaches when it pretends to regulate the constitution

of the Church。  If the former claims the respect of the latter on

its domain; the latter must show equal respect for the former on its

ground。  The boundary…line between the two territories is;

undoubtedly; not clearly defined and frequent contests arise between

the two。  Sometimes these may be forestalled or terminated by each

shutting itself up within a wall of separation; and by their

remaining as much as possible indifferent to each other; as is the

case in America。  At another; they may; by a carefully considered

contract;'67' each accord to the other specific rights on the

intermediate zone; and both exercise their divided authority on that

zone; which is the case in France。  In both cases; however; the two

powers; like the two societies; must remain distinct。  It is

necessary for each of them that the other should be an equal; and

not a subordinate to which it prescribes conditions。  Whatever the

civil system may be; whether monarchical or republican; oligarchic

or democratic; the Church abuses its credit when it condemns or

attacks it。  Whatever may be the ecclesiastical system; whether

papal; Episcopalian; Presbyterian; or congregational; the State

abuses its strength when; without the assent of the faithful; it

abolishes their systems or imposes a new one upon them。  Not only

does it violate right; but its violence; most frequently; is

fruitless。  It may strike as it will; the root of the tree is beyond

its reach; and; in the unjust war which it wages against an

institution as vital as itself; it often ends in getting the worst

of it。



Unfortunately; the Assembly; in this as in other matters; being

preoccupied with principles; fails to look at practical facts; and;

aiming to remove only the dead bark; it injures the living trunk。 

For many centuries; and especially since the Council of Trent; the

vigorous element of Catholicism is much less religion itself than

the Church。  Theology has retired into the background; while

discipline has come to the front。  Believers who; according to

Church law; are required to regard spiritual authority as dogma; in

fact attach their faith to the spiritual authority much more than to

the dogma。  …



Catholic Faith insists; in relation to discipline as well as to

dogma; that if one rejects the decision of the Roman Church one

ceases to be a Catholic; that the constitution of the Church is

monarchical; that the ordaining of priests and bishops is made from

above so that without communion with the Pope; its supreme head; one

is schismatic and that no schismatic priest legitimately can perform

a holy service; and that no true faithful may attend his service or

receive his blessings without committing a sin。 … It is a fact that

the faithful; apart from a few Jansenists; are neither theologians

nor canonists; that they read neither prayers nor scriptures; and if

they accept the creed; it is in a lump; without investigation;

confiding in the hand which presents it; that their obedient

conscience is in the keeping of this pastoral guide; that the Church

of the third century is of little consequence to them; and that; as

far as the true form of the actual Church goes; the doctor whose

advice they follow is not St。  Cyprian; of whom they know nothing;

but their visible bishop and their living curé。

Put these two premises together and the conclusion is self…evident:

it is clear that they will not believe that they are baptized;

absolved; or married except by this curé authorized by this bishop。

Let others be put in their places whom they condemn; and you

suppress worship; sacraments; and the most precious functions of

spiritual life to twenty…four millions of French people; to all the

peasantry; all the children; and to almost all the women; you stir

up in rebellion against you the two greatest forces which move the

mind; conscience and habit。    And observe the result of this。

You not only convert the State into a policeman in the service of

heresy; but also; through this fruitless and tyrannous attempt of

Gallican Jansenism; you bring into permanent discredit Gallican

maxims and Jansenist doctrines。  You cut away the last two roots by

which a liberal sentiment still vegetated in orthodox Catholicism。

You throw the clergy back on Rome; you attach them to the Pope from

whom you wish to separate them; and deprive them of the national

character which you wish to impose on them。  They were French; and

you render them Ultramontane。'68'  They excited ill…will and envy;

and you render them sympathetic and popular。  They were a divided

body; and you give them unanimity。  They were a straggling militia;

scattered about under several independent authorities; and rooted to

the soil through the possession of the ground; thanks to you; they

are to become a regular; manageable army; emancipated from every

local attachment; organized under one head; and always prepared to

take the field at the word of command。  Compare the authority of a

bishop in his diocese in 1789 with that of a bishop sixty years

later。  In 1789; the Archbishop of Besan?on; out of fifteen hundred

offices and benefices; had the patronage of one hundred; In ninety…

three incumbencies the selections were made by the metropolitan

chapter; in eighteen it was made by the chapter of the Madeleine; in

seventy parishes by the noble founder or benefactor。  One abbé had

thirteen incumbencies at his disposal; another thirty…four; another

thirty…five; a prior nine; an abbess twenty; five communes directly

nominated their own pastor; while abbeys; priories and canonries

were in the hands of the King。'69'  At the present day (1880) in a

diocese the bishop appoints all the curés or officiating priests;

and may deprive nine out 

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