第309章

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 out anew， and forty-eight episcopal sees disappear. -- In the second place， the appointed bishop is forbidden "to refer to the Pope to obtain any confirmation whatever." All he can do is to write to him "in testimony of the unity of faith and of the communion which he is to maintain with him." The bishop is thus no longer installed by his canonical chief， and the Church of France becomes schismatic. -- In the third place， the metropolitan or bishop is forbidden to exact from the new bishops or curés "any oath other than that they profess the Catholic， Apostolic， and Roman religion."Assisted by his council he may examine them on their doctrine and morals， and refuse them canonical installation， but in this case his reasons must be given in writing， and be signed by himself and his council. His authority， in other respects， does not extend beyond this for it is the civil tribunal which decides between contending parties. Thus is the catholic hierarchy broken up； the ecclesiastical superior has his hands tied； if he still delegates sacerdotal functions it is only as a matter of form. Between the curé and the bishop subordination ceases to exist just as it has ceased to exist between the bishop and the Pope， and the Church of France becomes Presbyterian. -- The people now， in effect， choose their own ministers， as they do in the Presbyterian church； the bishop is appointed by the electors of the department， the cure by the district electors， and， what is an extraordinary aggravation， these need not be of his communion. It is of no consequence whether the electoral Assembly contains， as at N？mes， Montauban， Strasbourg， and Metz， a notable proportion of Calvinists， Lutherans， and Jews， or whether its majority， furnished by the club， is notoriously hostile to Catholicism， and even to Christianity itself. The bishop and the curé must be chosen by the electoral body； the Holy Ghost dwells with it， and with the civil tribunals， and these may install its elect in spite of any resistance. -- To complete the dependence of the clergy， every bishop is forbidden to absent himself more than fifteen days without permission from the department； every curé the same length of time without the permission of the district， even to attend upon a dying father or to undergo the operation of lithotomy. In default of this permission his salary is suspended： as a functionary under salary， he owes all his time to his bureau， and if he desires a leave of absence he must ask for it from his chiefs in the H？tel-de-Ville.[73] -- He must assent to all these innovations， not only with passive obedience， but by a solemn oath. All old or new ecclesiastics， archbishops， bishops， curés， vicars， preachers， hospital and prison chaplains， superiors and directors of seminaries， professors of seminaries and colleges， are to state in writing that they are ready to take this oath： moreover， they must take it publicly， in church， "in the presence of the general council， the commune， and the faithful，" and promise "to maintain with all their power" a schismatic and Presbyterian Church. -- For there can be no doubt about the sense and bearing of the prescribed oath. It was all very well to incorporate it with a broader one， that of maintaining the Constitution. But the Constitution of the clergy is too clearly comprised in the general Constitution， like a chapter in a book， and to sign the book is to sign the chapter. Besides， in the formula to which the ecclesiastics in the Assembly are obliged to swear in the tribune， the chapter is precisely indicated， and no exception or reservation is allowed.[74] The Bishop of Clermont， with all those who have accepted the Constitution in full， save the decrees affecting spiritual matters， are silenced. Where the spiritual begins and where it ends the Assembly knows better than they， for it has defined this， and it imposes its definition on canonist and theologian； it is， in its turn， the Pope， and all consciences must bow to its decision. Let them take the "oath， pure and simple，" or if they do not they are 'refractory." The fiat goes forth， and the effect of it is immense， for， along with the clergy， the law reaches to laymen. On the one hand， all the ecclesiastics who refuse the oath are dismissed. If they continue "to interfere with public functions which they have personally or corporately exercised" they "shall be prosecuted as disturbers of the peace， and condemned as rebels against the law，" deprived of all rights as active citizens， and declared incompetent to hold any public office. This is the penalty already inflicted on the nonjuring bishop who persists in considering himself a bishop， who ordains priests and who issues a pastoral letter. Such is soon to be the penalty inflicted on the nonjuring curé who presumes to hear confession or officiate at a mass.[75] On the other hand， all citizens who refuse to take the prescribed oath， all electors， municipal officers， judges and administrative agents， shall lose their right of suffrage， have their functions revoked， and be declared incompetent for all public duties.[76] The result is that scrupulous Catholics are excluded from every administrative post， from all elections， and especially from ecclesiastical elections； from which it follows that， the stronger one's faith the less one's share in the choice of a priest.[77] -- What an admirable law， that which， under the pretext of doing away with ecclesiastical abuses， places the faithful， lay or clerical， outside the pale of the law！