France -- Civilization; France -- Politics and government; France -- Social life and customs -- 19th century
vicar-curates, the humble desservans[5227] of a rural parish, had
acquired this privilege through the declarations of 1726 and 1731.[5228]
Moreover, in case of interdiction, suspension or of censure, a titulary
could always recur to the courts against episcopal judgment and any
other, against all encroachment on spiritual or temporal prerogatives,
or on those which were useful or honorary belonging to his charge.
These courts were of two kinds, one ecclesiastical and the other
secular, and in each an appeal could be made from a lower to a higher
court, from the diocesan official to the metropolitan official, and from
the présidial to the parliament, with a complete judicial staff,
judge, assessors, public ministry, prosecutors, advocates and clerks,
restricted to the observing of all judicial formalities, authentic
papers, citations of witnesses and challenges of testimony,
interrogatories and pleadings, allegation of canons, laws and
precedents, presence of the defendant, opposing arguments, delays
in procedure, publicity and scandal. Before the slow march and
inconveniences of such a trial, the bishop often avoided giving
judgment, and all the more because his verdicts, even when confirmed by
the ecclesiastical court, might be warded off or rendered ineffective
by the lay tribunal; for, from the former to the latter, there was
an appeal under writ of error, and the latter, a jealous rival of the
former, was ill-disposed towards the sacerdotal authorities;[5229]
besides, in the latter case, far more than in the former, the bishop
found confronting him not merely the more or less legal right of his own
party, but again the allies and patrons of his party, corporations and
individuals who, according to an accepted usage, interfered through
their solicitations with the judges and openly placed their credit at
the service of their protégé. With so many spokes in the wheels, the
working of an administrative machine was difficult; to give it effective
motion, it required the steady pressure, the constant starting, the
watchful and persistent efforts of a laborious, energetic, and callous
hand, while, under the ancient régime, the delicate white hands of a
gentleman-prelate were ill-adapted to this rude business; they were
too nicely washed, too soft. To manage personally and on the spot a
provincial, complicated and rusty machine, always creaking and groaning,
to give one's self up to it, to urge and adjust twenty local wheels, to
put up with knocks and splashes, to become a business man, that is to
say a hard worker--nothing was less desirable for a grand seignior of
that epoch. In the Church as in the State, he made the most of his rank;
he collected and enjoyed its fruits, that is to say money, honors and
gratifications, and, among these gratifications, the principal one,
leisure; hence, he abandoned every special duty, the daily manipulation
of men and things, the practical direction, all effective government, to
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