[Footnote 5235: Abbé André, "Exposition de quelques principes fondamentaux de droit Canonique," p.187 (citing on this subject one of the documents of Mgr. Sibour, then bishop of Digne).--"Since the Concordat of 1801, the absence of all fixed procedure in the trial of priests has left nothing for the accused to depend on but the conscience and intelligence of the bishop. The bishop, accordingly, has been, in law, as in fact, the sole pastor and judge of his clergy, and, except in rare cases, no external limit has been put to the exercise of his spiritual authority."] [Footnote 5236: Émile Ollivier, "L'Église et l'État au concile du Vatican," p 517.--Abbé André, ibid., PP.17, 19, 30, 280. (Various instances, particularly the appeal of a rural curé, Feb. 8, 1866.) "The metropolitan (bishop) first remarked that he could not bring himself to condemn his suffragan." Next (Feb.20, 1866), judgment confirmed by the metropolitan court, declaring "that no reason exists for declaring exaggerated and open to reform the penalty of depriving the rector of the parish of X--of his title, a title purely conferred by and revocable at the will of the bishop."] [Footnote 5237: Émile Ollivier, ibid., II.,517, 516.--Abbé André, ibid., p.241. "During the first half of the nineteenth century no appeal could be had from the Church of France to Rome."] [Footnote 5238: Émile Ollivier, ibid., I. p. 286.--Abbé André, ibid., p.242: "From 1803 to 1854 thirty-eight appeals under writ of error (were presented) to the Council of State by priests accused.... Not one of the thirty-eight appeals was admitted."] [Footnote 5239: Prælectiones juris canonici habitæ in seminario Sancti Sulpicii, III., p.146.] [Footnote 5240: Émile Ollivier, ibid., I., 136.] [Footnote 5241: Id., ibid., I., p. 285. (According to Abbé Denys, "Études sur l'administration de l'Église," p. 211.)--Cf. Abbé André, ibid., and "L'Etat actuel du clergé en France par les frères Allignol" (1839).--This last work, written by two assistant-curés, well shows, article by article, the effects of the Concordat and the enormous distance which separates the clergy of to-day from the old clergy. The modifications and additions which comport with this exposition are indicated by Abbé Richandeau, director of the Blois Seminary, in his book, "De l'ancienne et de la nouvelle discipline de l'Eglise en France" (1842). Besides this, the above exposition, as well as what follows, is derived from, in addition to printed documents, personal observations, much oral information, and numerous manuscript letters.]