Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview
the commune and the faithful. To this end, at least two days in advance they shall declare in writing to the clerk of the municipality their intention to take the oath and shall consult with the mayor to decide upon the day.
2. Those of the said bishops, former archbishops, curés and other public ecclesiastical functionaries who are members of the National Assembly and who now exercise their duties as deputies, shall take the oath which concerns them respectively at the National Assembly, within a week of the day on which the sanction of the present decree will have been announced; and within the week following they shall send a certificate of their oath to their municipality.
3. Those of the said bishops, former archbishops, curés and other public ecclesiastical functionaries who have not taken, within the determined periods, the oath prescribed for them respectively, shall be deemed to have renounced their office, and provision for their replacement shall be made, as in the case of vacancy by resignation, according to Title II of . . . the Civil Constitution of the Clergy. To which end the mayor shall be required to report a failure to take the oath a week after the expiration of the said periods. . . .
4. In case the said bishops, former archbishops, curés, and other public ecclesiastical functionaries, after having taken their respective oaths, fail therein, either by refusing to obey the decrees of the National Assembly, accepted or sanctioned by the king, or by forming or inciting opposition to their execution, they shall be prosecuted in the district courts as rebels to the law, and punished by loss of their stipend, and moreover, declared deprived of the rights of active citizenship and incapable of any public function. Accordingly, provision shall be made for their replacement. . . .
5. Those of the said bishops, former archbishops, curés, and other public ecclesiastical functionaries maintained in office and refusing to take their respective oaths, as well as those who have been suppressed, together with members of secular ecclesiastical bodies likewise suppressed, who take up any of their public duties or those which they perform in a body, shall be prosecuted as disturbers of public order and punished with the same penalties as above.
6. All ecclesiastical or lay persons who combine to plan disobedience to the decrees of the National Assembly accepted or sanctioned by the king, or to form or incite opposition to their execution, shall be likewise prosecuted as disturbers of public order and punished according to the rigor of the laws.

Source: Jean B. Duvergier (ed.), Collection complète des lois, décrets, ordonnances, règlements, avis du conseil d'état ( Paris, 1834- 1906), II, 59-60.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

References for Document 28.

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