the origins of contemporary france-5-第59章
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before; since its buyers have paid for it and got their receipts; but
again; in disputing their title the government would invalidate its
own。 For its authority is derived from the same source as their
property: it is established on the same principle as their rights of
possession and by virtue of the same accomplished facts
* because things are as they are and could not be different;
* because ten years of revolution and eight years of war bear down on
the present with too heavy a weight;
* because too many and too deep interests are involved and enlisted on
the same side;
* because the interests of twelve hundred thousand purchasers are
incorporated with those of the thirty thousand officers to whom the
Revolution has provided a rank; along with that of all the new
functionaries and dignitaries; including the First Consul himself;
who; in this universal transposition of fortunes and ranks; is the
greatest of parvenus and who must maintain the others if he wants to
be maintained by them。
Naturally; he protects everybody; through calculation as well as
sympathy; in the civil as in the military order of things;
particularly the new property…owners; especially the smaller and the
average ones; his best clients; attached to his reign and to his
person through love of property; the strongest passion of the ordinary
man; and through love of the soil; the strongest passion of the
peasant。'86' Their loyalty depends on their security; and
consequently he is lavish of guarantees。 In his constitution of the
year VIII;'87' he declares in the name of the French nation that after
a legally consummated sale of national property; whatever its origin;
the legitimate purchaser cannot be divested of it。〃 Through the
institution of the Legion of Honor he obliges each member 〃to swear;
on his honor; to devote himself to the conservation of property
sanctioned by the laws of the republic。〃'88' According to the terms
of the imperial constitution'89' 〃he swears〃 himself 〃to respect and
to enforce respect for the irrevocability of the sale of national
possessions。〃
Unfortunately; a cannon…ball on the battle…field; an infernal machine
in the street; an illness at home; may carry off the guarantor and the
guarantees。'90' On the other hand; confiscated goods preserve their
original taint。 Rarely is the purchaser regarded favorably in his
commune; the bargain he has made excites envy; he is not alone in his
enjoyment of it; but the rest suffer from it。 Formerly; this or that
field of which he reaps the produce; this or that domain of which he
enjoys the rental; once provided for the parsonage; the asylum and the
school; now the school; the asylum and the parsonage die through
inanition for his advantage; he fattens on their fasting。 In his own
house; his wife and mother often look melancholy; especially during
Easter week; if he is old; or becomes ill; his conscience disturbs
him; this conscience; through habit and heredity; is Catholic: he
craves absolution at the last moment at the priest's hands; and says
to himself that; at the last moment; he may not probably be
absolved。'91' In other respects; he would find it difficult to
satisfy himself that his legal property is legitimate property; for;
not only is it not so rightfully before the tribunal of conscience;
but again it is not so in fact on the market; the figures; in this
particular; are convincing; daily and notorious。 A patrimonial domain
which brings in 3000 francs finds a purchaser at 100;000 francs;
alongside of this a national domain which brings in just as much;
finds a purchaser only at 60;000 francs; after several sales and
resale; the depreciation continues and 40 % of the value of the
confiscated property is lost。'92' A low; indistinct murmur is heard;
and reverberates from sale to sale; the muttering of private probity
protesting against public probity; declaring to the new proprietor
that his title is defective; it lacks one clause and a capital one;
that of the surrender and cession; the formal renunciation; the
authentic withdrawal of the former owner。 The State; the first seller;
owes this voucher to the purchasers; let it procure this and negotiate
accordingly; let it apply for this to the rightful party; to the
owners whom it has dispossessed; to the immemorial and legitimate
authorities; I mean to the ancient corporations。 These have been
dissolved by revolutionary law and have no longer a representative who
can sign for them。 Nevertheless; in spite of revolutionary law; one of
these corporations; with more vitality than the rest; still subsists
with its proper; if not legal; representative; its regular and
undisputed chief。 This chief is qualified and authorized to bind the
body; for; institutionally; he is supreme; and the conscience of all
its members is in his hand。 His signature is of the highest value; it
is very important to obtain this; and the First Consul concludes the
Concordat with the Pope。
By this Concordat; the Pope 〃declares that neither himself nor his
successors shall in any manner disturb the purchasers of alienated
ecclesiastical property; and that the ownership of the said property;
the rights and revenues derived there from; shall consequently remain
in commutable in their hands or in those of their assigns。〃'93'
Henceforth the possession of this property is no longer a sin; at
least; it is not condemned by the spiritual authority; by that
external conscience which; in Catholic countries; governs the inward
conscience and often supplies its place; the Church; the moral head;
removes with its own hands the moral scruple; the last small stone;
troublesome and dangerous; which; lying underneath the cornerstone of
lay society; breaks the level of the entire structure and compromises
the equilibrium of the new government。 … In exchange; the State endows
the Church。 By the same Concordat; and by the decrees which follow it;
〃the government'94' ensures a suitable salary to bishops and cure's;〃
15;000 francs to each archbishop; 10;000 francs to each bishop; 1500
francs to each curé of the first class and 1000 francs to each curé of
the second class;'95' also; later on;'96' a maximum of 500 francs and a
minimum of 300 francs to each assistant…priest or vicar。 〃If
circumstances require it;'97' the conseils…généraux of the large
communes may grant to prelates or to curés an increase of salary out
of their rural possessions or octrois。〃 In all cases; archbishops;
bishops; curés and priests shall be lodged; or receive a lodging
indemnity。 So much for the support of persons。…As to real
property;'98' 〃all the metropolitan churches; cathedrals; parochial
buildings and others; not alienated; and needed for the purposes of
worship; shall be subject to the disposition of the bishops。〃 … The
parsonages and gardens attached to these; not alienated; shall be
given up to the curés and assistant…priests。〃 … 〃 The possessions of
the fabriques;'99' not alienated; as well as the rentals they enjoyed;
and which have not been transferred; shall be restored to their
original purpose。 … As to the outlay and expenditure for worship;'100'
for the parochial center or cathedral; if its revenue is not
sufficient; this shall receive aid from its commune or from its
department; besides; 〃an assessment of 10 %。'101' shall be laid on
the revenues of all the real estate of the communes; such as houses;
woods; and rural possessions; for the formation of a common fund of
subsidy;〃 a general sum with which to provide for 〃acquisitions;
reconstructions or repairs of churches; 。 。 。 seminaries and
parsonages。〃 Moreover;'102' the government allows 〃the French
Catholics to make endowments; if so disposed; in favor of churches 。 。
。 for the support of ministers and the exercise of worship;〃 that is
to say to bequeath or make gifts to the fabriques or seminaries; in
fine; it exempts seminarists; the future cure's;