XVI.
The magistrates, as we have elsewhere seen, took a different view of the measure relating to the new converts, and also of the nature of the proofs, to which they were submitted. This misunderstanding increased with the growing struggle between the judicial and the sacerdotal orders upon other subjects. When the Parliaments commanded the burning of the bishops’ mandates, directed their temporalities to be seized, and decreed the imprisonment of curates, who molested the (Roman) Catholics by their fanatical exactions, it is clear that they would be less severe towards the Protestants, who defended the sacred rights of their domestic hearth.
It has been thought that the disputes between the Parliament and the clergy had produced a contrary effect, because the magistrates desired to establish, by the rigour of their sentences against the Protestants, the sincerity of their (Roman) Catholic faith, which had been compromised by their contests with the priests. This view is correct, if confined to certain limits, and a certain period. The general fact, however, is different. The magistracy, in their war with the clergy, were constrained to reflect upon the boundaries of ecclesiastical power, to define them, to circumscribe them in a manner constantly more precise, and from that time to fix them also in regard to dissentient creeds. Tactics sometimes prevailed over the idea of right; but right ended in obtaining the mastery.
The procurator-general, Joly de Fleury, addressed a memorial to the Council in 1752, in which he constituted himself the organ of the Parliamentary spirit, all the while that he was subordinating his thoughts to the fiction of the ordinances. “Let the priest,” said this illustrious magistrate, “be simply an officer of the civil state for the registration of baptisms and marriages; let him add no injurious qualifications to the information furnished to him; let him in respect of the nuptial benediction be content with a simple exhortation, without exacting any verbal or written abjuration, or any act specially applying to the religionists. All Frenchmen are Catholics according to law; all should be treated as such, and in the same manner.”
In 1755, another procurator-general, whom we have already named, Rippert de Monclar, went farther. Shaking off the legal fiction, he confessed that there still were Protestants in the realm, and shuddered at the idea that a hundred and fifty thousand greedy collaterals might claim the inheritance of these families, whose marriages had been blessed in the desert. He proposed, as a remedy, the publication of bans by a tribunal of justice, and the celebration of marriages before a magistrate, “according to the practice in Holland,” says he, “with regard to Catholics.” This was tantamount to asking for a separation of the civil and the spiritual authority in respect of the Protestants. Rippert de Monclar could not foresee that, thirty-five years subsequently, the measure would be applied to all citizens without distinction of creed.
In 1766, the advocate-general, Servan, maintained before the Parliament of Grenoble the rights of a wife, whose husband sought to desert her and his children, under the pretext that the marriage of the desert was null and void. “This cause,” said the eloquent lawyer, “does not strike us much at the first view. We see only a weeping woman, who interests us, without doubt; but in her cause are involved a host of other interests; her cause is that of all the other persons of her sect.... Every Protestant is aware of the misfortunes, which this female has suffered for her religion, and awaits a decision with anxiety that will perhaps influence his own destiny as well as hers. Scarcely will a decree be uttered, before it will be re-echoed among the rocks of Cevennes, and repeated from mouth to mouth, becoming a canticle of peace or an order of proscription.” The Parliament of Grenoble only granted damages and interest, the sole remedy that a deserted woman could claim; but the principle had made one further step in advance.
In the same year, Gilbert de Voisins, formerly advocate-general, and a councillor of state, drew up, at the request of Louis XV., certain memorials upon the means of restoring a civil condition to the Protestants of France. He proposed, among other things, to give some of the ministry revocable safe-conducts, and to authorize them to perform private services. The baptisms and marriages of the Reformed would thus have obtained the double sanction of a civil contract and a religious benediction, without in any way affecting the uniformity of public worship in the kingdom.
The magistracy after this never quitted the course they had adopted; and although they continued to devise strange or impracticable arrangements, in order to reconcile the civil state of the Protestants with the maintenance of external religious unity, they advanced year by year in their memorials for the legal reversal of the [laws against the] oppressed.
What line did the clergy pursue in the face of the progress of toleration? Some of their members (it is apparent that throughout the whole course of this history, we have joyfully adduced whatever was favourable to them), fell in with public opinion; and we do not speak merely of the philosophical bishops and abbés, who affected to be tolerant through bon ton or indifference, for the worthy head of the diocese which counted the greatest number of Reformed, M. de Becdelièvre, during forty-five years exhibited a praiseworthy moderation, and merited the eulogy bestowed upon him by Rabaut Saint Etienne, at his death. The abbé and doctor of theology Bourlet-Vauxelles, says in his panegyric of Saint Louis, which he pronounced before the French Academy in 1762: “The god of peace does not permit us to massacre those, who do not know Him.” The abbé Audra used his influence with the Parliament of Toulouse to legitimize a Protestant marriage. The curate Bastide opened his own house to the pastor Paul Vincent, whom soldiers were pursuing. Lastly, the bishop of Langres, M. De la Luzerne, spoke in favour of the Protestants in the assembly of Notables in 1787. “I prefer places of worship to open-air preachings,” said he, “and ministers to preachers.”
We collect all the evidence of toleration that it is possible to find in the acts of the (Roman) Catholic clergy, and doubtless many similar facts have escaped our researches. But we must add that the majority of the sacerdotal body obstinately resisted the generous views of the court, the Parliaments, and the country.
The clergy administered to Louis XVI., at his coronation, the ancient oath for the extermination of the heretics denounced by the Church, and M. Loménie de Brienne, archbishop of Toulouse, said to the monarch, “Sire, you will reprobate the counsels of a hollow peace, and the systems of a criminal toleration. We conjure you, sire, do not delay to dispel the hope, which error has conceived of having places of worship and altars among us.... It is reserved for you to strike the final blow against Calvinism in your dominions. Command the dissipation of the schismatic assemblies of the Protestants; exclude sectarians without distinction from all offices of the public administration, and you will insure among your subjects the unity of the true Christian religion.”
In 1780, the General Assembly of the clergy presented a long memorial to the king upon the enterprises of the Protestants. They complained that heresy lacerated the bosom of the Church, that tender and afflicted mother; and demanded that recourse should be had to the salutary means and repressive measures of the good days of Louis XIV. “Formerly,” said the priests, “the religionists were rigorously excluded from offices, public employments, and municipal places; now infractions of all kinds increase. Formerly they held no religious meetings; now the holding of assemblies is notorious. Formerly they were not allowed to dogmatize in public; now every day witnesses some fresh irreverence against our ceremonies and our mysteries.... We have felt it to be our duty to deposit these alarms in the paternal and religious breast of your majesty. The source of the evil can never be seriously attacked, unless the foreign preachers be for ever banished, and unless measures be taken to prevent the natives from assuming for the future these functions of pretended pastors.”
Thus they required the exclusion of the Protestants from all public charges, the banishment of the pastors, the dispersion of the assemblies; that is to say, the execution of the most odious ordinances of Louis XIV.; and after having preferred these requests, the prelates added: “The erring will ever be our fellow-citizens, our brothers, and even our children in the order of religion. Ever shall we love and cherish them. Far from us be the thought of the axe and the sword!”
It is difficult to comprehend how the conclusion of this memorial agreed with the premises, since it was absolutely impossible—impossible as proved by the experience of more than a century—to prevent fifteen hundred thousand of the French people from exercising their worship, unless they were all to be drowned in their own blood. But we will not let a word of bitterness escape us here. We will, on the contrary, express our commiseration and our sympathy for these bishops and these priests. Alas! how many of them were destined to perish in the storms of the Revolution. Their misfortunes excite our pity!
An ex-Jesuit, Father Lenfant, in 1787 published “A Discourse for the perusal of the Council upon the project of granting a civil condition to the Protestants.” His language was much less guarded than that of the episcopacy, and before reading this tract, we could never have imagined that even the blindest of fanatics could have heaped up in a few pages so many infamous libels. The Reformed became, under the pen of this ex-Jesuit, impious wretches, rebels, monsters, enemies of all laws, human and divine. We may deplore also the lot of this miserable madman; he was murdered in the prison of the Abbaye, on the 3rd of September, 1792, and it was not a Protestant hand that wielded the homicidal axe.
This opposition of the clergy did not arrest [the purposes of] the magistracy; nor was it a barrier for the statesman, who, less influenced by legal traditions than the members of the Parliaments, and more struck with the damage, which the ordinances of Louis XIV. had inflicted upon public interest, therefore went still further than the others in their propositions in favour of the Reformed.
From the year 1754, Turgot, who in many points was in advance of the times in which he lived, demanded the separation of the spiritual and civil powers for all creeds. He put these words into the king’s mouth: “Although you be in error, I will not the less treat you as my children. Show yourselves obedient to the laws, continue to be useful to the state, and you shall receive from me the same protection as my other subjects. My mission is to render you all happy.” Then, asking himself the question whether the assemblies of the dissenting creeds would not be dangerous, he answered it by saying: Yes, so long as they are interdicted; not, when they shall be authorized.
The Baron de Breteuil, a minister of the king’s household, gave instructions to Rulhières to draw up “The Historical Evidences concerning the cause of the Revocation of the Edict of Nantes,” which have helped us so often in our researches; and in 1786 he presented, under his own name, a memorial to Louis XVI., upon the necessity of restoring their civil condition to the Protestants.
Nevertheless, royalty was loth to take a definitive step. Louis XV., indifferent to everything that did not concern his debasing pleasures, had constantly adjourned the serious examination of this subject. Louis XVI. was animated with generous intentions, but his intellect was narrow, his conscience easily alarmed by petty scruples of devotion, his will feeble, and he was greatly governed by a childish superstitious fear at the bare idea of touching the laws of his predecessors. Louis XIV. had contemptuously cast aside “the perpetual and irrevocable” edict of Henry IV., and Louis XVI. trembled to correct in the slightest degree that monstrous iniquity of Louis XIV.
Rulhières and the Baron de Breteuil were compelled to invent subtle distinctions to prove that Louis XIV. did not intend to deprive the Protestants of their civil rights; and that they might better quiet the conscience of the new king, they represented toleration as the best means of converting the heretics. They said, “We do not abandon the hope of reuniting the French Calvinists to the Church; we would rather aim at it by a more secure way; we would return to the true course, which has been too long neglected and disregarded.”
While Louis XVI. hesitated, public opinion assumed a higher tone. The close relations of France with North America contributed to spread ideas of civil and religious liberty. General Lafayette, on his return from the War of Independence, went to Nismes and visited Paul Rabaut, embraced the old man cordially, and invited his son Rabaut Saint Etienne to follow him to Paris and plead the cause of his brethren.
The upright Malesherbes gave the Reformed the assistance of his knowledge and his virtue. He composed, in 1785 and 1786, two memoirs upon the marriage of Protestants, and annexed to them a projet de loi upon the subject. “It is but right,” said he, “that I should do the Protestants some good service, since my father did them so much injury!” Lamoignon de Malesherbes was a descendant of the ferocious Lamoignon de Bâville.
All these feelings broke out in the assembly of the Notables held in 1787. In the records of the proceedings of that meeting, we read, “The Marquis de la Fayette proposed to petition his majesty to grant the same civil condition to the Protestants as to the (Roman) Catholics, and to order the reformation of the criminal laws. He asked permission to read a proposition on this subject. This having been read, the Count d’Artois observed that the object being wholly foreign to those which had been submitted to the assembly, it would be going beyond the powers of the Notables to take cognizance of it; that he would, however, willingly undertake to mention it to the king, if the meeting desired it. Consequently, he asked for the opinions of the members, and they were unanimous for adopting the motion of the Marquis de la Fayette.” A suitable address was drawn up, appealing to the king’s goodness on behalf of “this numerous portion of his subjects, who groaned under a régime of proscription that was alike injurious to the general interests of religion, to morality, to the whole population of the country, to the national industry, and to every principle of politics and morals.”
The Edict of Toleration was signed, at length, in the month of November, 1787, a hundred and two years after the Revocation, not in the form that would have been required by the principle of well-understood religious freedom, but restricted within the limits of the opinions of Louis XVI. and his most influential advisers. The name of Protestant does not occur in it; the law only spoke of non-Catholics. The preamble even announced that the king “would always countenance and favour with all his power, the means of instruction and persuasion, which should tend to bind all his subjects by a common profession of the ancient faith of the kingdom.” The 1st article states that “The Catholic, Apostolic, and Roman religion alone shall continue to enjoy the right of public worship in our realm.”
The new edict granted these four things only to the non-Catholics. The right of living in France, and of exercising a profession or a trade in the kingdom, without being disturbed on account of religion; the permission to marry legally before the officers of justice; the authority to record the births of their children before the local judge; and a regulation for the interment of those, who could not be buried according to the Roman Catholic ritual.
But these concessions, which were strict and narrow enough according to the letter of the law, necessarily involved much more in the practice. The legal existence of the Protestants was recognised. How could they be prohibited thenceforth from having pastors, at least to bless their marriages, to baptize their children, and to console the faithful on their death-bed? How could they he forbidden to assemble for the service of their worship, since they had done this under the severest tyranny? Finally, who was to distinguish between the private worship authorized by the edict, and the public worship, which it still persisted in interdicting? Moreover, there was no penal sanction whatever against the delinquents.
If this incomplete law gave but little, it allowed of everything being taken. The Protestants were not deceived in this. “The Edict of 1787,” says the younger Rabaut, “spread joy and consolation throughout the families of the Reformed, and their religious assemblies resounded with thanksgivings to God, and blessings on the king and his ministers. The execution of this beneficent edict followed close upon its promulgation, and the Reformed were soon seen hastening in crowds to the royal judges for the registration of their marriages and the births of their children.... Old men might be seen registering, together with their own marriages, those of their children and their grandchildren.”[133]
The edict raised some difficulties in the Parliament of Paris. The impetuous D’Espremenil was one of its opponents. M. de Lacretelle says that he had been initiated into the sect of the Martinists or Illuminati, and that he imagined he heard the voice of the Virgin Mary, who commanded him to speak against the Protestants. In fact, D’Espremenil exclaimed, as he displayed to his colleagues an image of Christ, “Will you crucify the Saviour again?” This oratorical incident was out of season, and after addressing some representations to Louis XVI., the Parliament registered the Edict of Toleration.
All the churches laboured from this moment to reconstitute themselves upon the bases of the ancient discipline: and we may convince ourselves that Protestantism had preserved a strong hold in the north as well as in the south, and that the blasts of the storm, however they might have bent it to the earth, had neither broken, nor uprooted it.
The last consideration that forces itself upon us, is not the least important. The Reformed people of France had suffered more and longer than any others in the world. From 1660 to 1787 they had been deprived of all favours, excluded from all employments, fettered in every liberal career, expelled from the corporations of arts and trades, and violently driven back in agriculture and commerce. At the Revocation, France lost its most illustrious men, the most opulent, the most industrious, and the most energetic and active [of its people]; the rest, overburdened with garrisoned soldiers, crushed with taxes and fines, chased to the woods and mountains, without schools, without legitimate family, without assured or certain inheritance, without civil rights, had been treated like a race of Pariahs; and yet, wonderful to behold! astonishing to relate! it was found in 1787 that the Reformed people of France had lost nothing either in intellectual and moral vigour, or in industrial power. Far from sinking into degradation, like the Irish under a régime incomparably less oppressive, it had not only maintained itself on a level with the Roman Catholic population, but had, in the main, attained a loftier step in the social scale, and possessed a more extensive and a higher degree of intelligence and instruction. This fact, which is beyond all serious doubt, offers one of the grandest spectacles in the history of mankind.