Historical Characters: Mackintosh, Talleyrand, Canning, Cobbett, Peel

by Baron Henry Lytton Bulwer Dalling and Bulwer

“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.”

XIX.

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 that any bargain made in changeful times between a power which is sinking in the State and a power which is rising, is rarely kept faithfully by the latter.

But the clergy, at all events, and the high clergy especially, would not accept this bargain. They complained not so much of the insufficiency of the provision which was to be made for them, as of the grievance of having an income as proprietors changed into a salary as functionaries. They contended, in short, that they were proprietors like other proprietors, and that the Bishop of Autun had misstated their case and justified their robbery.

In this state of things—whatever the real nature of the title under which the church held its possessions—whatever the imprudence of the clergy themselves in resisting the compromise that was proposed to them as an equivalent for the surrender of those possessions—it was impossible forcibly to confiscate a property which a great corporation had held indisputedly for ages and which it declared itself unwilling to resign, without weakening the respect for property in general, and weakening also, by the questions and discussions to which such a measure was certain to give rise, the respect for religion: thus enfeebling and undermining—at a moment when (amidst the falling ruins of an old government and society) it was most essential to strengthen and preserve—those foundations on which every society that pretends to be civilized, and every government that intends to be honest, has to establish its existence.