For two years it seemed that the National Assembly might struggle through to an effective modernized government. Much of its work was sound and still endures, if much was experimental and had to be undone. Much was ineffective. There was a clearing up of the penal code; torture, arbitrary imprisonment and persecutions for heresy were abolished. The ancient provinces of France, Normandy, Burgundy and the like gave place to eighty departments. Promotion to the highest ranks in the army was laid open to men of every class. An excellent and simple system of law courts was set up, but its value was much vitiated by having the judges appointed by popular election for short periods of time. This made the crowd a sort of final court of appeal, and the judges, like the members of the Assembly, were forced to play to the gallery. And the whole vast property of the church was seized and administered by the state; religious establishments not engaged in education or works of charity were broken up, and the salaries of the clergy made a charge upon the nation. This in itself was not a bad thing for the lower clergy in France, who were often scandalously underpaid in comparison with the richer dignitaries. But in addition the choice of priests and bishops was made elective, which struck at the very root idea of the Roman Church, which centred everything upon the Pope, and in which all authority is from above downward. Practically the National Assembly wanted at one blow to make the church in France Protestant, in organization if not in doctrine. Everywhere there were disputes and conflicts between the state priests created by the National Assembly and the recalcitrant (non-juring) priests who were loyal to Rome. In 1791 the experiment of Constitutional monarchy in France was brought to an abrupt end by the action of the king and queen, working in concert with their aristocratic and monarchist friends abroad. Foreign armies gathered on the Eastern frontier and one night in June the king and queen and their children slipped away from the Tuileries and fled to join the foreigners and the aristocratic exiles. They were caught at Varennes and brought back to Paris, and an France flamed up into a passion of patriotic republicanism. A Republic was proclaimed, open war with Austria and Prussia ensued, and the king was tried and executed (January, 1793) on the model already set by England, for treason to his people.