书城公版The Origins of Contemporary France
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第1089章

When, from time to time, he made his appearance there, the bells were rung; deputations from all bodies hurried to his antechambers; each authority in turn, and according to the order of precedence, paid him its little compliment, which compliment he graciously returned and then, the homage being over, he distributed among them benedictions and smiles. After this, with equal dignity and still more graciously throughout his sojourn, he invited the most eligible to his table and, in his episcopal palace or in his country-house, he treated them as guests. This done, he had performed his duty; the rest was left to his secretaries, ecclesiastical officials and clerks, men of the bureaux, specialists and "plodders." "Did you read my pastoral letter?" said a bishop to Piron. And Piron, who was very outspoken, dared reply, "Yes, my lord. And yourself?"Under the modern régime, this suzerain for show, negligent and intermittent, is succeeded by an active sovereign whose reign is personal and constant; the limited and easy monarchy of the diocese is converted into an universal and absolute monarchy. When the bishop, once invested and consecrated, enters the choir of his cathedral to the reverberations of the organ, lighted with wax candles amidst clouds of incense, and seats himself in solemn pomp[32] "on his throne," he is a prince who takes possession of his government, which possession is not nominal or partial, but real and complete. He holds in his hand "the splendid cross which the priests of his diocese have presented to him," in witness of and symbolizing their voluntary, eager and full obedience; and this pastoral baton is larger than the old one. In the ecclesiastical herd, no head browses at a distance or under cover; high or low, all are within reach, all eyes are turned towards the episcopal crook; at a sign made by the crook, and according to the signal, each head forthwith stands, advances or recedes: it knows too well that the shepherd's hands are free and that it is subject to its will. Napoleon, in his reconstruction of the diocese, made additions to only one of the diocesan powers, that of the bishop; he suffered the others to remain low down, on the ground.

The delays, complications and frictions of a divided government were repugnant to him; he had no taste for and no comprehension of any but a concentrated government; he found it convenient to deal with but one man, a prefect of the spiritual order, as pliable as his colleague of the temporal order, a mitered grand functionary - such was the bishop in his eyes. This is the reason why he did not oblige him to surround himself with constitutional and moderating authorities; he did not restore the ancient bishop's court and the ancient chapter; he allowed his prelates themselves to pen the new diocesan statute. - Naturally, in the division of powers, the bishop reserved the best part to himself, the entire substance, and, to limit his local omnipotence, there remained simply lay authority. But, in practice, the shackles by which the civil government kept him in its dependence, broke or became relaxed one by one. Among the Organic Articles, almost all of them which subjected or repressed the bishop fell into discredit or into desuetude. Meanwhile, those which authorized and exalted the bishop remained in vigor and maintained their effect. Consequently, Napoleon's calculation, in relation to the bishop or in relation to the Pope, proved erroneous. He wanted to unite in one person two incompatible characters, to convert the dignitaries of the Church into dignitaries of the State, to make functionaries out of potentates.

The functionary insensibly disappeared; the potentate alone subsisted and still subsists.

At the present day, conformably to the statute of 1802, the cathedral chapter,[33] except in case of one interim, is a lifeless and still-born body, a vain simulachre; it is always, by title or on paper, the Catholic "senate," the bishop's obligatory "council";[34] but he takes his councillors where he pleases, outside of the chapter, if that suits him, and he is free not to take any of them, " to govern alone, to do all himself." It is he who appoints to all offices, to the five or six hundred offices of his diocese; he is the universal collator of these and, nine times out of ten, the sole collator; excepting eight or nine canonships and the thirty or forty cantonal curacies, which the government must approve, he alone makes appointments and without any person's concurrence. Thus, in the way of favors, his clerical body has nothing to expect from anybody but himself. - And, on the other hand, they no longer enjoy any protection against his harshness;the hand which punishes is still less restrained than that which rewards; like the cathedral chapter, the ecclesiastical tribunal has lost its consistency and independence, its efficiency; nothing remains of the ancient bishop's court but an appearance and a name.[35]

At one time, the bishop in person is himself the whole court; he deliberates only with himself and decides ex informata conscientia without a trial, without advice, and, if he chooses, in his own cabinet with closed doors, in private according to facts, the value of which he alone estimates, and through motives of which he is the sole appreciator. At another time, the presiding magistrate is one of his grand-vicars, his revocable delegate, his confidential man, his megaphone, in short, another self, and this official acts without the restraint of ancient regulations, of a fixed and understood procedure beforehand, of a series of judicial formalities, of verifications and the presence of witnesses, of the delays and all other legal precautions which guard the judge against prejudice, haste, error, and ignorance and without which justice always risks becoming injustice.