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the State used its right of overseeing and reforming them。 … Social
usefulness of corporations。… The sound part in the monastic
institution。 … Zeal and services of nuns。 … How ecclesiastical
possessions should be employed。 … Principle of the Assembly as to
private communities; feudal rights and trust…funds。 … Abolition and
expropriation all corporations。 … Uncompensated suppression of
tithes。… Confiscation of ecclesiastical possessions。 … Effect on
the Treasury and on expropriated services。 …The civil constitution
of the clergy。… Rights of the Church in relation to the State。 …
Certainty and effects of a conflict。 … Priests considered as State…
functionaries。… Principal stipulations of the law。 … Obligations of
the oath。 … The majority of priests refuse to take it。 … The
majority of believes on their side。 … Persecution of believers and
of priests。
There remained the corporate; ecclesiastic; and lay bodies; and;
notably; the oldest; most opulent; and most considerable of all the
regular and secular clergy。 Grave abuses existed here also; for;
the institution being founded on ancient requirements; had not
accommodated itself to new necessities。'37' There were too many
episcopal sees; and these were arranged according to the Christian
distribution of the population in the fourth century; a revenue
still more badly apportioned bishops and abbés with one hundred
thousand livres a year; leading the lives of amiable idlers; while
curés; overburdened with work; have but seven hundred; in one
monastery nineteen monks instead of eighty; and in another four
instead of fifty;'38' a number of monasteries reduced to three or to
two inhabitants; and even to one; almost all the congregations of
men going to decay; and many of them dying out for lack of
novices;'39' a general lukewarmness among the members; great laxity
in many establishments; and with scandals in some of them; scarcely
one…third taking an interest in their calling; while the remaining
two…thirds wish to go back to the world;'40' it is evident from
all this that the primitive inspiration has been diverted or has
cooled; that the endowment only partially fulfills its ends; that
one…half of its resources are employed in the wrong way or remain
sterile; in short; that there is a need of reformation in the body。
That this ought to be effected with the co…operation of the
State and even under its direction is not less certain。 For a
corporation is not an individual like other individuals; and; in
order that it may acquire or possess the privileges of an ordinary
citizen; something supplementary must be added; some fiction; some
expedient of the law。 If the law is disposed to overlook the fact
that a corporation is not a natural personage; if it gives to it a
civil personality; if it declares it to be capable of inheriting; of
acquiring and of selling; if it becomes a protected and respected
proprietor; this is due to the favors of the State which places its
tribunal and gendarmes at its service; and which; in exchange for
this service; justly imposes conditions on it; and; among others;
that of being useful and remaining useful; or at least that of never
becoming harmful。 Such was the rule under the Ancient Régime; and
especially since the Government has for the last quarter of a
century gradually and efficaciously worked out a reform。 Not only;
in 1749; had it prohibited the Church from accepting land; either by
donation; by testament; or in exchange; without royal letters…patent
registered in Parliament; not only in 1764 had it abolished the
order of Jesuits; closed their colleges and sold their possessions;
but also; since 1766; a permanent commission; formed by the King's
order and instructed by him; had lopped off all the dying and dead
branches of the ecclesiastical tree。'41' There was a revision of the
primitive Constitutions; a prohibition to every institution to have
more than two monasteries at Paris and more than one in other towns;
a postponement of the age for taking vows that of sixteen being
no longer permitted to twenty…one for men and eighteen for
women; an obligatory minimum of monks and nuns for each
establishment; which varies from fifteen to nine according to
circumstances; if this is not kept up there follows a suppression or
prohibition to receive novices: owing to these measures; rigorously
executed; at the end of twelve years 〃the Grammontins; the Servites;
the Celestins; the ancient order of Saint…Bénédict; that of the Holy
Ghost of Montpellier; and those of Sainte…Brigitte; Sainte…Croix…de…
la…Bretonnerie; Saint…Ruff; and Saint…Antoine;〃 … in short; nine
complete congregations had disappeared。 At the end of twenty years
three hundred and eighty…six establishments had been suppressed; the
number of monks and nuns had diminished one…third; the larger
portion of possessions which had escheated were usefully applied;
and the congregations of men lacked novices and complained that they
could not fill up their ranks。 If the monks were still found to be
too numerous; too wealthy; and too indolent; it was merely necessary
to keep on in this way; before the end of the century; merely by the
application of the edict; the institution would be brought back;
without brutality or injustice; within the scope of the development;
the limitations of fortune; and the class of functions acceptable to
a modern State。
But; because these ecclesiastical bodies stood in need of reform it
does not follow that it was necessary to destroy them; nor; in
general; that independent institutions are detrimental to a nation。
Organized purposely for a public service; and possessing; nearly or
remotely under the supervision of the State; the faculty of self…
administration; these bodies are valuable organs and not malign
tumors。
In the first place; through their institution; a great public
benefit is secured without any cost to the government … worship;
scientific research; primary or higher education; help for the poor;
care of the sick … all set apart and sheltered from the cuts which
public financial difficulties might make necessary; and supported by
the private generosity which; finding a ready receptacle at hand;
gathers together; century after century; its thousands of scattered
springs: as an example; note the wealth; stability; and usefulness
of the English and German universities。
In the second place; their institution furnishes an obstacle to the
omnipotence of the State; their walls provide a protection against
the leveling standardization of absolute monarchy or of pure
democracy。 A man can here freely develop himself without donning
the livery of either courtier or demagogue; he can acquire wealth;
consideration and authority; without being indebted to the caprices
of either royal or popular favor; he can stand firm against
established or prevailing opinions sheltered by associates bound by
their esprit d