"
[35] Abb? Andr?, "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."
[36] ?mile Ollivier, "L'?glise et l'?tat au concile du Vatican," p
517. - Abb? Andr?, ibid., PP.17, 19, 30, 280. (Various instances,
particularly the appeal of a rural cur?, 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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