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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 of ten of them; in the diocese above named;

from 1850 to 1860; scarcely one lay functionary was nominated

without the consent or intervention of the cardinal…archbishop。'70'

To comprehend the spirit; discipline; and influence of our

contemporary clergy; go back to the source of it; and you will find

it in the decree of the Constituent Assembly。  A natural

organization cannot be broken up with impunity; it forms anew;

adapting itself to circumstances; and closes up its ranks in

proportion to its danger。



But even if; according to the maxims of the Assembly; faith and

worship are free; as far as the sovereign State is concerned; the

churches are subjects。 For these are societies; administrations;

and hierarchies; and no society; administration; or hierarchy may

exist in the State without entering into its …departments under

the title of subordinate; delegate; or employee。  A priest is now

essentially a salaried officer like the rest; a functionary'71'

presiding over matters pertaining to worship and morality。  If the

State is disposed to change the number; the mode of nomination; the

duties and the posts of its engineers; it is not bound to assemble

its engineers and ask their permission; least of all that of a

foreign engineer established at Rome。  If it wishes to change the

condition of 〃its ecclesiastical officers;〃 its right to do so is

the same; and therefore unquestioned。  There is no need of asking

anybody's consent in the exercise of this right; and it allows no

interference between it and its clerks。  The Assembly refuses to

call a Gallican council; it refuses to negotiate with the Pope; and;

on its own authority alone; it recasts the whole Constitution of the

Church。  Henceforth this branch of the public administration is to

be organized on the model of the others。     In the first

place'72'  the diocese is to be in extent and limits the same as the

French department; consequently; all ecclesiastical districts are

marked

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