书城公版The Origins of Contemporary France
19097600001099

第1099章

potestatis, aut hanc ejus potestatem non esse ordinariam et immediatam. . ."[20] Ibid., ch. III. "Aberrant a recto veritatis tramite qui affirmant licere ab judiciis Romanorum pontificum ad ?cumenicum concilium, tanquam ad auctoritatem romano pontifice superiorem, appellare."[21] "Almanach national de 1889." (Among these four, one only belongs to a historic family, Mgr. de Deux-Brézé of Moulins.)[22] See "The Ancient Régime," pp. 65, 120, 150, 292. (Ed. Laffont I.

pp. 53-43, 92-93, 218,219.)

[23] Cf. the history of the parliaments of Grenoble and Rennes on the approach of the Revolution. Remark the fidelity of all their judicial subordinates in 1788 and 1789, and the provincial power of the league thus formed.

[24] Article 12.

[25] "The Revolution," Vol. I. - Abbé Sicard, "Les Dispensateurs des bénéfices ecclésiastiques avant 1789." ("Correspondant" of Sep. 10, 1889, pp. 887, 892, 893.) Grosley, "Mémoires pour servir l'histoire de Troyes," II , pp. 35, 45.

[26] Abée Elie Méric, "Le Clergé sous l'ancien régime," I., p. 26.

(Ten universities conferred letters of appointment on their graduates.) - Abbé Sicard, "Les Dispensateurs," etc., p 876. -352parliamentarians of Paris had an indult, that is to say, the right of obliging collators and church patrons to bestow the first vacant benefice either on himself or on one of his children, relations or friends. Turgot gave his indult to his friend Abbé Morellet, who consequently obtained (in June 1788) the priory of Thimer, with 16,000livres revenue and a handsome house. - Ibid., p.887. "The bias of the Pope, ecclesiastical or lay patrons, licensed parties, indultaires, graduates, the so frequent use of resignations, permutations, pensions, left to the bishop, who is now undisputed master of his diocesan appointments, but very few situations to bestow." - Grosley, " Mémoires, etc.," II., p.35. "The tithes followed collations. Nearly all our ecclesiastical collators are at the same time large tithe-owners."[27] An inferior class of priests, generally assigned to poor parishes.

[28] Abbé Elie Méric, ibid., p.448.

[29] Abbé Elie Méric, ibid., pp 392~4O3. (Details in support.)[30] Abbé Richandeau, "De l'ancienne et de la nouvelle discipline de l'église en France," p. 281. - Cf. Abbé Elie Méric, ibid., ch. II .

(On the justice and judges of the church.)[31] Mercur, "Tableau de Paris," IV.,chap. 345. "The flock no longer recognize the brow of their pastor and regard him as nothing but an opulent man, enjoying himself in the capital and giving himself very little trouble about it."[32] "Le Monde" of Novem. 9, 1890. (Details, according to the Montpellier newspapers, of the ceremony which had just taken place in the cathedral of that town for the remission of the pallium to Mgr.

Roverié de Cabrières.

[33] "Encyclopedie théologique," by Abbé Migne, ix., p.465. (M. Emery, "Des Nouveaux chapitres cathédraux," p.238.) "The custom in France at present, of common law, is that the bishops govern their dioceses without the participation of any chapter. They simply call to their council those they deem proper, and choose from these their chapter and cathedral councillors."[34] Ibid., id.: "Notwithstanding these fine titles, the members of the chapter take no part in the government during the life of the bishop; all depends on this prelate, who can do everything himself, or, if he needs assistants, he may take them outside of the chapter."- Ibid., p. 445. Since 1802, in France, "the titular canons are appointed by the bishop and afterwards by the government, which gives them a salary. It is only the shadow of the canonical organization, of which, however, they possess all the canonical rights."[35] Abbé André, "Exposition de quelques principes fondamentaux de droit Canonique," p.187 (citing on this subject one of the documents of Mgr. Sibour, then bishop of Digne). - " Since the Concordat of 1801, the absence of all fixed procedure in the trial of priests has left nothing for the accused to depend on but the conscience and intelligence of the bishop. The bishop, accordingly, has been, in law, as in fact, the sole pastor and judge of his clergy, and, except in rare cases, no external limit has been put to the exercise of his spiritual authority."[36] émile Ollivier, "L'église et l'état au concile du Vatican," p 517. - Abbé André, ibid., PP.17, 19, 30, 280. (Various instances, particularly the appeal of a rural curé, Feb. 8, 1866.) "The metropolitan (bishop) first remarked that he could not bring himself to condemn his suffragan." Next (Feb.20, 1866), judgment confirmed by the metropolitan court, declaring "that no reason exists for declaring exaggerated and open to reform the penalty of depriving the rector of the parish of X- of his title, a title purely conferred by and revocable at the will of the bishop."[37] émile Ollivier, ibid., II.,517, 516. - Abbé André, ibid., p.241.

"During the first half of the nineteenth century no appeal could be had from the Church of France to Rome."[38] émile Ollivier, ibid., I. p. 286. - Abbé André, ibid., p.242:

"From 1803 to 1854 thirty-eight appeals under writ of error (were presented) to the Council of State by priests accused. . . . Not one of the thirty-eight appeals was admitted."[39] Pr?lectiones juris canonici habit? in seminario Sancti Sulpicii, III., p.146.

[40] émile Ollivier, ibid., I., 136.