The Jesuits and their allies openly declared that to put all religious communions upon the same footing, was an anti-Catholic, anti-social, and impious maxim. A ministerial bishop did not hesitate to declare that the non-Catholic creeds were only tolerated, and M. de Peyronnet pronounced these imprudent words in his defence of the law of sacrilege in the tribune: “I recognise an equality of protection promised to the creeds sanctioned in the kingdom, and I respect it; but an equality of creeds, I do not recognise at all.”
The law, of which we speak, confounded the spiritual with the temporal, and importing the (Roman) Catholic dogma into the domain of legislation, established a great inequality between the two creeds. No profanation of Protestant worship any longer incurred the penalty of imprisonment, whilst profanation of the (Roman) Catholic worship was punished with the pain of death, and even, in the project of the government, with that against parricides. This alone ought to have told Charles X. and his ministers that they were pursuing a fatal course. Protestantism lost nothing by the measure; the cause of the Bourbons and the priests suffered immensely.
Another consequence, which it was attempted to deduce from the principle of the state religion, was that non-Catholics should be compelled to do some act, if not of adoration, at least of homage and indirect participation in certain ceremonies of (Roman) Catholicism. Thus it was insisted that they should hang the fronts of their houses with tapestry on the passage of the (Roman) Catholic processions, under penalty of process and fine. Yet it had already been made a question whether processions without the precincts of the churches were not a violation of the organic articles, and generally whether, in a well-organized society, any creed whatsoever should have the right of transporting the celebration of its particular rites into the public streets and highways. But without insisting upon these two points, it may be conceived that the Protestants would energetically refuse to decorate their houses; for they must perceive in this, a serious attack upon their ancient discipline, a defiance of the independence of their personal faith, and an attempt against the equality of creeds, and against their very liberty itself.
In order to try the point, the Jesuits had put forward some functionaries of subordinate degree, such as the Count de Narbonne-Lara, sub-prefect of Florac, who suddenly and upon his own authority, published a circular ordering the inhabitants, of whatsoever religion [they might be], to decorate the front of their houses against the passing of the Holy Sacrament. The consistory of Barre answered this sub-prefect, on the 19th of May, 1818, with a categorical refusal, appealing at the same time to the discipline of the Protestants and to the Charter.
Similar attempts were made in other places, and several citizens were fined for not having obeyed this iniquitous assumption. But there was one M. Paul Roman, of Lourmarin, who would not submit to the sentence of the inferior tribunals. He appealed to the supreme court, and won his cause after a prolonged hearing. M. Odillon Barrot supported him with his eloquence, and proved that religious liberty was altogether involved in the question. “This cause,” he said, “is not that of a Protestant; it is not even that of the Protestants solely; it is that of every citizen, whatever may be his religion, whatever may be his religious opinions, apparent or not apparent; the whole body of citizens are represented by M. Roman in this matter.”
The Court of Cassation passed a decree on the 20th November, 1818, conformable to justice, law, and the rights of minorities. An affair of the same kind was also tried at Marseilles in 1820, and decided in like manner to that we have mentioned, in favour of the Protestant appellant. The government itself renounced this illegal exaction, in spite of the clamours of the fanatics, and the point was definitively settled.
Another pretence was set up, more dangerous in its principles, more serious in its effects, more obstinate in every respect, and from which even the politicians of the present day have not yet completely freed themselves. This consisted in restricting the Protestants to certain boundaries, as if Protestantism was such an evil that it was necessary to confine it within the narrowest possible limits. It appeared as if the disciples of the Reformation were told, “Since you exist in the kingdom, we tolerate you; but remain where you are, and guard yourselves from trespassing. Unity of faith is our rule, dissent the exception; and far from authorizing it to spread, we will restrict it to the fullest extent of our power.”
Nothing could be more opposed [than this] to the Charter, which assured equal liberty to all creeds. For as the Romish clergy had always and everywhere the right of proselytizing in the bosom of Protestantism, it is evident that if the pastors were refused the privilege of making proselytes in their turn among the (Roman) Catholics, equal liberty was nothing but a bitter mockery.
The Charter would not be respected, at least in one sense, unless the priests were interdicted from converting Protestants, as well as the pastors from converting (Roman) Catholics. Now this was a condition, which the Roman clergy would never accept; it could not; it ought not [accept it]; it would have been a disgraceful prevarication on their part, and they would have been right in not subjecting themselves to it, even in Protestant countries. But then there is no logical or legitimate resting-place, but the common right, or liberty of proselytism for all.
The government of the Restoration did not always do its duty in this matter. It invented administrative fetters, judiciary obstacles, and obstinately relied upon the 21st article of the penal code, according to which no association of more than twenty persons, could be formed without the concurrence of the authorities. By applying this article to religious assemblies, it was clear that the establishment of every new assembly, the opening of any new place of worship, depended upon the pleasure of the civil authority. Liberty of religion ceased to exist for the French Protestants beyond, or without those places of worship which were counted and numbered by the State. This was almost returning to the vicious maxims of the first years of the reign of Louis XIV.