On October 10 Talleyrand moved that it be appropriated by the State. He computed that after ample endowment of the clergy, there would be a present and increasing surplus of £2,000,000 a year. It was difficult for the clergy to resist the motion, after the agreement of August, that the State should make provision for them. The Archbishop of Paris had surrendered the tithe to be disposed of by the nation; and he afterwards added the gold and silver vessels and ornaments, to the value of several millions. Béthizy, Bishop of Usez, had declared the Church property a gift of the nation, which the nation alone could recall. Maury, loosely arguing, admitted that property is the product of law; from which it followed that it was subject to modification by law. It was urged in reply that corporate property is created by law, but not private, as the individual has his rights from nature. The clergy complained that the concessions of August were applied to their destruction in November, but they suffered by their change of front. Boisgelin, Archbishop of Aix, proposed a practical and statesmanlike arrangement. As the credit of the Church stood better than the credit of the State, he offered to advance £16,000,000 as a loan to the Government on the security of Church property, which it would thus become impossible for the Assembly to tamper with. The State would be rescued from its present difficulties; the Church would secure the enjoyment of its wealth for the future.

By restoring the finances, and the authority of government, it was believed that this plan would ensure the success of the Revolution, and would prevent the collapse that was already threatening. Necker, for a moment, was fascinated. But his wife reminded him that this compact would establish Catholicism for ever as the State Church in France, and he broke off the conference. Talleyrand's motion was altered and reproduced in a mitigated form; and on November 26, 1789, 568 votes to 346 decided that the possessions of the clergy were at the disposal of the nation. On December 19 it was resolved that the sum of 16 millions should be raised by the sale of the new national property, to be the basis for an issue of paper money. That was the beginning of the assignats that rendered signal service at first, and fell rapidly after two years. It was made apparent that more was at work below the surface than the financial purpose. There was the desire to break up a powerful organisation, to disarm the aristocratic episcopate, and to bind the individual priest to the Revolution. Therefore Malouet made no impression when he urged that they were taking on themselves the maintenance not only of the priesthood, but of the poor; and that no surplus would be available as long as there was a Frenchman starving.

In August, 1789, a committee on Church questions had been appointed, and in February, as it did not agree, its numbers were increased, and the minority was swamped. Thereupon they reported against the religious orders. Monasticism for some time had been declining, and the monks fell, in a few years, from 26,000 to 17,000. Nine religious orders disappeared in the course of twelve years. On February 13, 1790, the principle that the civil law supported the rule against the monk was abandoned. Members of monastic orders were to depart freely if they liked, and to remain if they liked. Those who elected to leave were to receive a pension. The position of those who remained was regulated in a series of decrees, adverse to the system, but favourable to the inmate. It was not until after the fall of the throne that all monastic orders were dissolved, and all their buildings were seized.

When the property of the Church became the property of the State, the committee drew up a scheme of distribution. They called it the Civil Constitution of the Clergy, meaning the regulation of relations between Church and State under the new Constitution.

The debate began on May 29, and the final vote was taken on July 12. The first object was to save money. The bishops were rich, they were numerous, and they were not popular. Those among them who had been chosen by the Church itself for its supreme reward, the Cardinal's hat—Rohan, Loménie de Brienne, Bernis, Montmorency and Talleyrand—were men notoriously of evil repute. Here then the Committee proposed to economise, reducing the number by fifty, and their income to a thousand a year. Each of the departments, just created, was to become a diocese. There were no archbishops. This was not economy, but theory. By putting all bishops on the same level, they lowered the papacy. For the Jansenists influenced the Assembly, and the Jansenists had, for a century, borne persecution, and had learnt to look with aversion both on papacy and prelacy, under which they had suffered, and they had grown less averse to presbyterianism. As they took away the patronage from the king, and did not transfer it to the Pope who was a more absolute sovereign than the king, and besides was a foreigner, they met the difficulty by the principle of election, which had been upheld by high authorities, and had played a great part in earlier times. The bishop was to be chosen by the departmental electors, the parish priest by the district electors; and this was to be done in the Church after Mass. It was assumed, but not ordained, that electors of other denominations would thereby be excluded. But at Strasburg a bishop was elected by a Protestant majority. In conformity with the opinion of Bossuet, the right of institution was taken away from Rome.

It was the office of the king to negotiate with the Pope, and he might have saved the Revolution, the limited monarchy, and his own life, if he had negotiated wisely. The new dioceses, the new revenues, were afterwards accepted. The denial of papal institution was in the spirit of Gallicanism; and the principle of election had a great tradition in its favour, and needed safeguards. Several bishops favoured conciliation, and wished the measure to be discussed in a National Council. Others exhorted the Pope to make no concession. Lewis barely requested him to yield something; and when it became clear that Rome wished to gain time, on August 24 he gave his sanction. At the same time he resolved on flight, relying on provincial discontent and clerical agitation to restore his throne.

On November 27 the Assembly determined to enforce acceptance of the Civil Constitution. Every ecclesiastic holding preferment or exercising public functions was required to take an oath of fidelity to the Constitution of France, sanctioned by the king. The terms implicitly included the measure regarding the Church, which was now part of the Constitution, and which a large majority of the bishops had rejected, but Rome had not. Letters had come from Rome which were suppressed; and after the decree of November and its sanction by the king on December 26, the Pope remained officially silent.

On the 4th of January 1791 the ecclesiastical deputies were summoned to take the prescribed oath. No conditions or limitations were allowed, Mirabeau specially urging rigour, in the hope of reaction. When the Assembly refused to make a formal declaration that it meant no interference with the exclusive domain of religion, the great majority of clerical deputies declined the oath. About sixty took it unconditionally, and the proportion out of doors was nearly the same. In forty-five departments we know that there were 13,426 conforming clergy. It would follow that there were about 23,000 in the whole of France, or about one-third of the whole, and not enough for the service of all the churches. The question now was whether the Church of France was to be an episcopal or a presbyterian Church. Four bishops took the prescribed oath; but only one of them continued to act as the bishop of one of the new sees. Talleyrand refused his election at Paris, and laid down his mitre and the ecclesiastical habit. Before retiring, he consecrated two constitutional bishops, and instituted Gobel at Paris. He said, afterwards, that but for him the French constitutional Church would have become presbyterian, and consequently democratic, and hostile to the monarchy.

Nobody could be more violently opposed to royalism than some of the elected prelates, such as Fauchet, Bishop of Calvados, who acted with the Girondins and perished with them, or Grégoire, the Bishop of Blois, Grégoire was the most conspicuous, and is still the best known of the constitutional clergy. He was a man of serious convictions, and as much sincerity as is compatible with violence. With much general information, he was an inaccurate writer, and in spite of the courage which he manifested throughout the Reign of Terror, an unimpressive speaker. He held fast to the doctrines of an elementary liberalism, and after the fall of the Terrorists he was active in the restoration of religion and the establishment of toleration. He was absent on a mission, and did not vote for the death of the king; but he expressed his approval, and dishonoured his later years by dissembling and denying it. Gobel, the Bishop of Paris, was far inferior to Grégoire. Hoping to save his life, he renounced his office under the Convention, after having offered his retractation to the Pope for £12,000. For a time it was believed that the clergy of the two churches could co-exist amicably, and a moderate pension was granted to the nonjurors. But there was disorder and bloodshed at Nîmes, and in other parts of France, and it was seen that the Assembly, by its ecclesiastical legislation, had created the motive and the machinery for civil war. The nonjuring clergy came to be regarded as traitors and rebels, and the mob would not suffer them to celebrate mass in the only church that remained to them at Paris. Bailly said that when the law has spoken conscience must be silent. But Talleyrand and Sieyès insisted on the principle of toleration, and succeeded in causing the formula to be adopted by the Assembly. It was not observed, and was entirely disregarded by the second legislature.