书城公版The Origins of Contemporary France
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第1068章

On this theme, his jurists, old parliamentarians or conventionalists, his ministers and counselors, Gallicans or Jacobins, his spokesmen in the legislative assembly or the tribunate, all imbued with Roman law or with the Contrat Social are capital megaphones for proclaiming the omnipotence of the State in polished sentences. "The unity of public power and its universality," says Portalis,[46] "are a necessary consequence of its independence." "Public power must be self-sufficient; it is nothing if not all..." Public power cannot tolerate rivals; it cannot allow other powers to establish themselves alongside of it without its consent, perhaps to sap and weaken it. " The authority of a State might become precarious if men on its territory exercise great influence over minds and consciences, unless these men belong to it, at least in some relation." It is careless "if it remains unfamiliar or indifferent to the form and the constitution of the government which proposes to govern souls," if it admits that the limits within which the faith and obedience of believers "can be made or altered without its support, if it has not, in its legally recognized and avowed superiors, guarantees of the fidelity of inferiors." Such was the rule in France for the Catholic cult previous to 1789, and such is to be the rule, after 1801, for all authorized cults. If the State authorizes them, it is "to direct such important institutions with a view to the greatest public utility."Solely because it is favorable to "their doctrine and their discipline" it means to maintain these intact and prevent "their ministers from corrupting the doctrine entrusted to their teaching, or from arbitrarily throwing off the yoke of discipline, to the great prejudice of individuals and the State."[47] Hence, in the legal statute by which a Church is incorporated and realizes what she is, it states in precise terms what it exacts or permits her to be;henceforward she shall be this or that and so remain; her dogmas and her canons, her hierarchy and her internal regime, her territorial subdivisions and circumscriptions, her regular or casual sources of income, her teachings and her liturgy are definite things and fixed limitations. No ecclesiastical assembly, Protestant, Catholic, or Israelite, shall formulate or publish any doctrinal or disciplinary decision without the government's approbation.[48] No ecclesiastical assembly, Protestant, Catholic, or Israelite, shall be held without the approval of the government. All sacerdotal authorities, bishops and curés, pastors and ministers of both Protestant confessions, consistorial inspectors and presidents of the Augsbourg Confession, notables of each Israelite circumscription, members of each Israelite consistory, members of the central Israelite consistory, rabbis and grand-rabbis, shall be appointed or accepted by the government and paid by it through an executory" decision of its prefects. All the professors of Protestant or Catholic seminaries shall be appointed and paid by the government. Whatever the seminary, whether Protestant or Catholic, its establishment, its regulations, its internal management, the object and spirit of its studies, shall be submitted to the approval of the government. In each cult, a distinct, formulated, official doctrine shall govern the teaching, preaching, and public or special instruction of every kind; this, for the Israelite cult, is"the doctrine expressed by the decisions of the grand Sanhedrin";[49]

for the two Protestant cults, the doctrine of the Confession of Augsbourg, taught in the two seminaries of the East, and the doctrine of the Reformed Church taught in the Genevan seminary;[50] for the Catholic cult, the maxims of the Gallican Church, the declaration, in 1682, of the assembly of the clergy[51] and the four famous propositions depriving the Pope of any authority over sovereigns in temporal matters, subordinating the Pope to ecumenical councils in ecclesiastical and spiritual concerns, and which, in the government of the French Church, limit the authority of the Pope to ancient usages or canons inherited by that Church and accepted by the State.

In this way, the ascendancy of the State, in ecclesiastical matters, increases beyond all measure and remains without any counterpoise.