Historical Characters. Henry Bulwer
property was pretty sure, a little sooner or a little later, to be appropriated to the public exigencies. Such an appropriation, nevertheless, was not without difficulties; and what the laity most wanted was a churchman of position and consideration who would sanction a plan for surrendering the property of the church. The opinions expressed by a man of so high a rank amongst the nobility and the clergy as the Bishop of Autun, were therefore of considerable importance, and likely to give him – those opinions being popular – an important position, which was almost certain (M. Necker’s influence being already undermined) to lead – should a new ministry be formed on the liberal side – to office. Mirabeau, in fact, in a note written in October, which proposes a new ministerial combination, leaves M. Necker as the nominal head of the government “in order to discredit him,” proposes himself as a member of the royal council without a department, and gives the post of minister of finance to the Bishop of Autun, saying, “His motion on the clergy has won him that place.”12
The argument with which the Bishop introduced the motion here alluded to has been so often repeated since the period to which I am referring, and has so influenced the condition of the clergy throughout a great portion of Europe, that it cannot be read without interest. “The State,” said M. de Talleyrand, “has been for a long time struggling with the most urgent wants. This is known to all of us. Some adequate means must be found to supply those wants. All ordinary sources are exhausted. The people are ground down. The slightest additional impost would be justly insupportable to them. Such a thing is not to be thought of. Extraordinary means for supplying the necessities of the State have been resorted to: but these were destined to the extraordinary wants of this year. Extraordinary resources of some kind are now wanted for the future; without them, order cannot be established. There is one such resource, immense and decisive: and which, in my opinion (or otherwise I should reject it), can be made compatible with the strictest respect for property. I mean the landed estate of the church.
“Already a great operation with regard to this estate is inevitable, in order to provide suitably for those whom the relinquishment of tithes has left destitute.
“I think it unnecessary to discuss at length the question of church property. What appears to me certain is, that the clergy is not a proprietor like other proprietors, inasmuch as that the property which it enjoys (and of which it cannot dispose) was given to it – not for its own benefit, but for the performance of duties which are to benefit the community. What appears to me also certain is, that the nation, exercising an almost unlimited power over all the bodies within its bosom, possesses – not the right to destroy the whole body of the clergy, because that body is required for the service of religion – but the right to destroy any particular aggregations of such body whenever they are either prejudicial or simply useless; and if the State possesses this right over the existence of prejudicial or useless aggregations of the clergy, it evidently possesses a similar right over the property of such aggregations.
“It appears to me also clear that as the nation is bound to see that the purpose for which foundations or endowments were made is fulfilled, and that those who endowed the church meant that the clergy should perform certain functions: so, if there be any benefices where such functions are not performed, the nation has a right to suppress those benefices, and to grant the funds, therefrom derived, to any members of the clergy who can employ them according to the object with which they were given.
“But although it is just to destroy aggregations of the clergy which are either prejudicial or useless, and to confiscate their property – although it is just to suppress benefices which are no longer useful for the object for which such benefices were endowed – is it just to confiscate or reduce the revenue of those dignitaries and members of the church, who are now actually living and performing the services which belong to their sacred calling?
“For my own part, I confess the arguments employed to support the contrary opinion appear to me to admit of several answers. I shall submit one very simple answer to the Assembly.
“However the possession of a property may be guaranteed and made inviolable by law, it is evident that the law cannot change the nature of such property in guaranteeing it.
“Thus, in a question of ecclesiastical property, it can only assure to each titulary the enjoyment of the actual donation of the founder. But every one is aware that, according to the titles of church property, as well as according to the various laws of the church, which explain the spirit and meaning of these titles, the only part of church property to which the ecclesiastic has any individual right is that necessary for his honest subsistence: the remainder has to be applied to the relief of the poor, or to the maintenance of places of worship. If then the nation assures to the holder of a benefice, whatever that benefice may be, his necessary subsistence, it does not violate his individual property; and if at the same time that it takes possession of that portion of his revenue which is not required for his subsistence, it assumes the other obligations attached to the benefice in question, such as the maintenance of hospitals, the performance of works of charity, the repairing of churches, the expenses of public education, &c.; and, above all, if it does this in a moment of general distress, I cannot but believe that the intentions of the donors will be fully carried out, and that justice will still be maintained.
“I think, then, that the nation in a period of general distress may appropriate the property of those religious establishments which it deems it necessary to suppress, by securing to their dependants their necessary subsistence; that it may also profit by all benefices to which no duties are attached, and assure to itself the reversion of all such benefices as may hereafter fall into that condition; and lastly, that it may reduce all extravagant salaries now enjoyed by the clergy if it take to itself all the obligations – apart from the decent maintenance of the clergy – which originally attached to church property according to the founder’s bequest. Such are the principles according to which the State may, in my opinion, legitimately appropriate the whole of the ecclesiastical property, on assuring to the clergy therefrom what would be sufficient for their decent support.”
Thus M. de Talleyrand contended: —
1st. That the members of the clergy were not like other proprietors, inasmuch as they held their property not for their own enjoyment but for the performance of certain duties, and that it was only intended that they should have out of the proceeds of that property a decent subsistence, the residue being destined for the support of the poor and the maintenance of religious edifices.
2nd. That the State could alter the distribution of church property, or rather the payment of the clergy, and also totally suppress such ecclesiastical institutions as it deemed injurious or not requisite; as well as such useless benefices as were then vacant, or might become vacant; and, as a matter of course, employ the revenue which was thereto attached, in the manner which might seem best adapted to the general advantage.
3rd. That in a moment of great and national distress it might altogether take possession of the whole property held by the clergy, and appropriate the same to public purposes; if at the same time it took upon itself those charges with which the clergy were intrusted, and also provided for the clergy themselves a fixed and adequate support. He did not, however, propose, as some may have idly imagined, and have unjustly stated, to reduce his order to a state of indigence; on the contrary, presuming the revenue of the church property, including the tithes (which he would still have had collected as national revenue), to be about a hundred and fifty millions of francs, he advised the government to make a yearly grant of no less than a hundred millions – never to be reduced below eighty-five millions – for the support of the clergy, no member of it receiving less than twelve hundred francs, to which was added a dwelling; and when we consider that the tithes having been surrendered, the ecclesiastical revenue was at that time reduced to seventy-five millions, the rent of the land; and when we consider also that the ecclesiastical budget, including the payment of all religions, has never, since that period, amounted to the sum which M. de Talleyrand was disposed to allow, I think it must be acknowledged that the proposals I have been describing, looking at all the difficulties of the times, were not to be despised, and that the French clergy would have acted more prudently if they had at once accepted them, although it must be confessed
“La motion du clergé lui a conquis cette place.” —