The Modern Regime, Volume 2 by Hippolyte Taine
page 93 of 369 (25%)
page 93 of 369 (25%)
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beforehand, of a series of judicial formalities, of verifications and
the presence of witnesses, of the delays and all other legal precautions which guard the judge against prejudice, haste, error, and ignorance and without which justice always risks becoming injustice. In both cases, the head over which the sentence is suspended lacks guarantees, and, once pronounced, this sentence is definitive. For, on appeal to the court of the metropolitan bishop, it is always confirmed;[36] the bishops support each other, and, let the appellant be right or wrong, the appeal is in itself a bad mark against him: he did not submit at once, he stood out against reproof, he was lacking in humility, he has set an example of insubordination, and this alone is a grave fault. There remains the recourse to Rome; but Rome is far off,[37] and, while maintaining her superior jurisdiction, she does not willingly cancel an episcopal verdict; she treats prelates with respect, she is careful of her lieutenant-generals, her collectors of Saint Peter's pence. As to the lay tribunals, these have declared themselves incompetent,[38] and the new canon law teaches that never, "under the pretext of a writ of error, may a priest make an appeal to the secular magistrate";[39] through this appeal, "he derogates from the authority and liberty of the Church and is liable to the gravest censures;" he betrays his order. Such is now, for the lower clergy, ecclesiastical law, and likewise secular law, both agreeing together in not affording him protection; add to this change in the jurisprudence which concerns him a no less divisive change in the jurisprudence which concerns him a no less decisive change in the titles which place and qualify him. Before 1789, there were in France 36,000 curés entitled irremovable; at the present day, there are only 3,425; before 1789, there were only 2500 curés entirely removable, while to-day there are 34,042;[40] all of |
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