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Civil Constitution of the Clergy


 

The law of the Civil Constitution of the Clergy (Fr. "Constitution civile du clergé"), passed July 12, 1790 during the French Revolution, subordinated the Roman Catholic Church in France to the French government.

Legal status of the Church in France under the Civil Constitution

As noted above, even prior to the Civil Constitution of the Clergy, church property was nationalized and monastic vows were forbidden. Under the Civil Constitution of the Clergy:

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  • There were 83 bishops, one for each Department, rather than the previous 135.
  • Bishops and priests were elected locally; electors had to sign a loyalty oath to the constitution. There was no requirement that the electors be Catholics, creating the ironic situation that Protestants and even Jews could elect the nominally Catholic priests and bishops.
  • Authority of the pope over the appointment of clergy was reduced to the right to be informed of election results.
  • The tone of the Civil Constitution can be gleaned from Title II, Article XXI:

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    :Before the ceremony of consecration begins, the bishop elect shall take a solemn oath, in the presence of the municipal officers, of the people, and of the clergy, to guard with care the faithful of his diocese who are confided to him, to be loyal to the nation, the law, and the king, and to support with all his power the constitution decreed by the National Assembly and accepted by the king. http://history.hanover.edu/texts/civilcon.htm

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    In short, new bishops were required to swear loyalty to the State in far stronger terms than to any religious doctrine. Note also that, even in this revolutionary legislation, there are strong remnants of Gallican royalism.

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    The law also included some genuine reforms supported even by many within the Church. For example, Title IV, Article I states, "The law requiring the residence of ecclesiastics in the districts under their charge shall be strictly observed. All vested with an ecclesiastical office or function shall be subject to this, without distinction or exception." http://history.hanover.edu/texts/civilcon.htm In effect, this banned the practice by which younger sons of noble families would be appointed to a bishopric or other high church position and live off of its revenues without even moving to the region in question and taking up the duties of the office.

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