5234 ([return])
[ Ibid., id.: "Notwithstanding these fine titles, the members of the chapter take no part in the government during the life of the bishop; all depends on this prelate, who can do everything himself, or, if he needs assistants, he may take them outside of the chapter." —Ibid., p. 445. Since 1802, in France, "the titular canons are appointed by the bishop and afterwards by the government, which gives them a salary. It is only the shadow of the canonical organization, of which, however, they possess all the canonical rights.">[

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5235 ([return])
[ Abbé André, "Exposition de quelques principes fondamentaux de droit Canonique," p.187 (citing on this subject one of the documents of Mgr. Sibour, then bishop of Digne).—"Since the Concordat of 1801, the absence of all fixed procedure in the trial of priests has left nothing for the accused to depend on but the conscience and intelligence of the bishop. The bishop, accordingly, has been, in law, as in fact, the sole pastor and judge of his clergy, and, except in rare cases, no external limit has been put to the exercise of his spiritual authority.">[

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5236 ([return])
[ Émile Ollivier, "L'Église et l'État au concile du Vatican," p 517.—Abbé André, ibid., PP.17, 19, 30, 280. (Various instances, particularly the appeal of a rural curé, Feb. 8, 1866.) "The metropolitan (bishop) first remarked that he could not bring himself to condemn his suffragan." Next (Feb.20, 1866), judgment confirmed by the metropolitan court, declaring "that no reason exists for declaring exaggerated and open to reform the penalty of depriving the rector of the parish of X—of his title, a title purely conferred by and revocable at the will of the bishop.">[

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5237 ([return])
[ Émile Ollivier, ibid., II.,517, 516.—Abbé André, ibid., p.241. "During the first half of the nineteenth century no appeal could be had from the Church of France to Rome.">[

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5238 ([return])
[ Émile Ollivier, ibid., I. p. 286.—Abbé André, ibid., p.242: "From 1803 to 1854 thirty-eight appeals under writ of error (were presented) to the Council of State by priests accused.... Not one of the thirty-eight appeals was admitted.">[

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