r.
--It sets aside its ancient obligations.--It retains and
augments its regalian rights.--The Church of France before
1789 and after 1802.--Increased preponderance and complete
dominion of the civil power.
In carrying out this plan, he will use the French clergy in mastering
the Pope, as the Pope has been made use of in mastering the French
clergy. To this end, before completing the Concordat and decreeing the
Organic Articles, he orders for himself a small library, consisting of
books on ecclesiastical law. The Latin works of Bossuet are translated
for him, and he has drawn up an exposition of the Gallican parliamentary
doctrine. The first thing is to go down to the roots of the subject,
which he does with extraordinary facility, and then, recasting and
shaping all theories to suit himself, he arrives at an original,
individual conception, at once coherent, precise, and practical; one
which covers the Caesar and which he applies alike to all churches,
Catholic, Lutheran, Calvinist, and even Jewish, to every religious
community now existing and in time to come. His master-idea is that
of the Roman legists and of ancient imperial jurisprudence; here, as
elsewhere, the modern Caesar goes back beyond his Christian predecessors
to Constantine, and farther still, to Trajan and Augustus.[5144] So long
as belief remains silent and solitary, confined within the limits of
individual conscience, it is free, and the State has nothing to do with
it. But let it transgress these limits, address the public, bring people
together in crowds for a common purpose, manifest itself openly, it is
subject to control; forms of worship, ceremonies, preaching, instruction
and propaganda, the donations it calls forth, the assemblies it
convenes, the organization and maintenance of the bodies it engenders,
all the positive applications of the inward reverie, are temporal works.
In this sense, they form a province of the public domain, and come
within the competency of the government, of the administration and
of the courts. The State has a right to interdict, to tolerate, or
to authorize them, and always to give them proper direction. Sole and
universal proprietor of the outward realm in which single consciences
may communicate with each other, it intervenes, step by step, either to
trace or to bar the way; the road they follow passes over its ground and
belongs to it; its watch, accordingly, over their proceedings is, and
s
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