书城公版The Origins of Contemporary France
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第1079章

[31] Thibaudeau, p. 154 (words of the First consul) "What makes the government liked is its respect for worship. . . . The priests must be connected with the government."[32] Ibid., p.154: "Is it not better to organize worship and discipline the priests rather than let things go on as they are?"[33] La Fayette, "Mémoires, II., 200. ("Mes rapports avec le Premier consul.")[34] D'Haussonville, "l'église romaine et la Premier Empire," II.. 78and 101. Napoleon's letters to Cardinal Fesch, Jan. 7, 1806; to the Pope, Feb.22, 1806 and to cardinal Fesch, of the same date. "His Holiness will have the same consideration for me in temporal matters as I have for him in spiritual matters. . . . My enemies will be his enemies." - "Tell people (in Rome) that I am Charlemagne, the sword of the church, their emperor; that I must be treated the same; that they should not know that there was a Russian empire. . . . If the Pope does not accept my conditions, I shall reduce him to the condition he was in before Charlemagne."[35] Decree, May 17, 1809. "Whereas, when Charlemagne, emperor of the French, and out august predecessor, donated several counties to the bishops of Rome, he gave them only under the title of fiefs and for the welfare of his own states, and as by the said donation Rome did not thereby cease to form part of his empire, . . . the states of the Pope are now reunited to the French empire."[36] Sénatus-consulte, Feb. 17, 1810, title II., article XII. " Any foreign sovereignty is incompatible with the exercise of any spiritual sovereignty within the empire."[37] D'Haussonville, ibid., IV.,344. (Decree of the National Council, Aug. 5, 1811. - Concordat of Fontainebleau, Jan. 25, 1813, article 14.

- Decree on the execution of this Concordat, March 23, 1813, art. 4.)[38] Sénatus-consulte, Feb.17, 1810, articles 13 and 14.

[39] Mémorial, Aug.17, 1816.

[40] Sénatus-consulte, Feb.17, 1810.

[41] Notes by Napoleon on the "Les Quatre Concordats de M. de Pradt"(correspondence, XXX., 550). Lanfrey, "Histoire de Napoléon," V., 214.

(Along with the Vatican archives, there were brought to Paris the tiara and other insignia or ornaments of Pontifical dignity.)[42] Sénatus-consulte, Feb. 17, 1810.

[43] Notes by Napoleon on "Les Quatre Concordats" (Correspondence, XXX., 548).

[44] Cf. Roman laws on the Collegia illicita, the first source of which is the Roman conception of religion, the political and practical use of augurs, auspices and sacred fowls. - It is interesting to trace the long life and survivorship of this important idea from antiquity down to the present day; it reappears in the Concordat and in the Organic Articles of 1801, and still later in the late decrees dissolving unauthorized communities and closing the convents of men. -French jurists, and in particular Napoleon's jurists, are profoundly imbued with the Roman idea. Portalis, in his exposition of the motives for establishing metropolitan seminaries (March 14, 1804), supports the decree with Roman law. "The Roman laws," he says, "place every thing concerning the cult in the class of matters which belong essentially to public rights."[45] Thibaudeau, p.152.

[46] "Discours, rapports et travaux sur le Concordat de 1801," by Portalis, p.87 (on the Organic Articles), p.29 (on the organization of cults). "The ministers of religion must not pretend to share in or limit public power. . . . Religious affairs have always been classed by the different national codes among matters belonging to the upper police department of the State. . . The political magistrate may and should intervene in everything which concerns the outward administration of sacred matters. . . . In France, the government has always presided, in a more or less direct way, over the direction of ecclesiastical affairs."[47] "Discours, rapports, etc.," by Portalis, p. 31. - Ibid., p.143:

"To sum up: The Church possesses only a purely spiritual authority;the sovereigns, in their capacity of political magistrates, regulate temporal and mixed questions with entire independence, and, as protectors, they have even the right to see to the execution of canons and to repress, even in spiritual matters, the infractions of pontiffs."[48] Articles Organiques. 1st. Catholic cult, articles 3, 4, 23, 24, 35, 39, 44, 62. 2nd. Protestant cults, articles 4, 5, 11, 14, 22, 26, 30, 31, 32, 37, 38, 39, 41, 42, 43. - Israelite cult, decree of March 17, 1808, articles 4, 8, 9, 16, 23. Decree of execution, samedate, articles 2 to 7.

[49] Decree of March 17, 1808, articles 12, 21.

[50] Articles Organiques (Protestant cults), 12 and 13.

[51] Articles Organiques (Catholic cult), 24. Teachers selected for the seminaries "will subscribe the declaration made by the clergy of France in 1682; they will submit to teaching the doctrine therein set forth."[52] "Dsicours, rapports, etc," by Portalis, p. 101.

[53] Ibid, p. 378.