CHARITAS (On The Civil Oath In
Pope
Pius VI
Encyclical
promulgated on 13 April 1791.
To Our Beloved Sons, the Cardinals of the Holy
Roman Church, to Our Venerable Brothers the Archbishops and Bishops, and to Our
Beloved Children the Capitulars, Clergy and People of the
Beloved Sons, Venerable Brothers and Beloved
Children, We give you greeting and Our Apostolic Blessing.
1. Love, which is patient and kindly, as the
Apostle Paul says, supports and endures all things as long as a hope remains
that mildness will prevent the growth of incipient errors. But if errors
increase daily and reach the point of creating schism, the laws of love itself,
together with Our duty, demand that We reveal to the erring their horrible sin
and the heavy canonical penalties which they have incurred. For this sternness
will lead those who are wandering from the way of truth to recover their
senses, reject their errors, and come back to the Church, which opens its arms
like a kind mother and embraces them on their return. The rest of the faithful
in this way will be quickly delivered from the deceits of false pastors who
enter the fold by ways other than the door, and whose only aim is theft,
slaughter, and destruction.
2. With these divine precepts in mind, We have
just learned of the war against the Catholic religion which has been started by
the revolutionary thinkers who as a group form a majority in the National
Assembly of France. We have wept in God’s presence, shared Our sorrow with the
cardinals, and proclaimed public and private prayers. Then We wrote to King
Louis, on July 9, 1790, and repeatedly encouraged him not to confirm the Civil
Constitution of the Clergy which would lead his people into error and schism.
For it was intolerable that a political assembly should change the universal
practice of the Church, disregard the opinions of the holy Fathers and the
decrees of the councils, overturn the order of the hierarchy and control the
election of bishops, destroy episcopal sees, and introduce a worse form into
the Church after removing the better.
3. We sent two briefs on the following day to
the archbishops of Bordeaux and Vienne who were with the King, urging them in
fatherly fashion to advise the king that if he lent his authority to this
Constitution, his kingdom would be in schism; furthermore We would regard any
bishops appointed in accordance with its decrees as schismatic and lacking all
ecclesiastical jurisdiction. To remove all doubt that Our concern was solely
with matters of religion and to silence the enemies of this Apostolic See, We
gave orders that the collection of taxes from French revenues should be
discontinued, although these taxes were due for Our services from unbroken
custom and earlier agreements.
4. The king would certainly have refrained from
approving the Constitution, but the National Assembly finally forced him to
lend his authority to the Constitution as his letters to Us on July 28,
September 6, and December 16 attest. He besought Us insistently to approve
five, and later seven, articles at least provisionally. These articles were so
similar in tenor that they formed a comprehensive summary of the new
Constitution.
5. We saw at once, of course, that We could
approve or tolerate none of the articles since they were at variance with
canonical regulations. However, We did not want to give Our enemies an
opportunity to deceive the nations by claiming that We were opposed to every
sort of negotiations: therefore We told the King in Our letter of August 17 that
We would consider the articles carefully and consult with the cardinals, who
would meet to discuss every aspect of the proposal. After the cardinals had met
on September 24 and December 16 to discuss the first two articles, they decided
unanimously to request the opinions of the French bishops on these articles in
case they could show some canonical reason for approval. Such a reason was not
easily imaginable at this distance from
6. In the meanwhile, We were greatly consoled
when a majority of the French bishops firmly opposed the Constitution and
attacked every point in it which referred to the government of the Church. Our
consolation was increased when Cardinal Rochefoucauld, the archbishop of Aix,
and thirty other archbishops and bishops appealed to Us for assistance in
meeting such great dangers. On October 10 they sent an explanation of the main
points contained in the Constitution of the Clergy and requested Our help and
advice.
We were further consoled because many other
bishops joined the thirty in accepting this explanation. Only four out of one
hundred and thirty-one bishops dissented. A great number of capitulars and most
of the parish priests and lower clergy also joined the bishops. So this
explanation, accepted with harmonious unanimity, should be regarded as the
teaching of the entire
7. We Ourselves immediately engaged in the task
of examining all the articles of the Constitution. The Assembly, although it
heard the unanimous views of the
Furthermore, to instantly disperse all faithful
bishops and parish priests, the decrees provided that all pastors should swear
unequivocally that they would observe the Constitution already published and
the one which was to be published later. Those who refused were to be
considered expelled from their office, and their sees and parishes were to lose
their pastor. When the lawful pastors and ministers were driven out, by force
if necessary, the municipal districts could set about electing new bishops and
parish priests. Upon election these men were to disregard the metropolitans and
senior bishops who had refused the oath, and to go to the Assembly Executive
which would appoint some bishops to ordain them.
8. These later decrees have immeasurably
renewed Our sorrow. Moreover they made it more difficult for Us to send the
bishops the answer which We were then preparing, since We then had to take
account of these developments.
They caused Us to proclaim public prayers to
beseech God for help. New pastoral letters to their flocks were published by
the French bishops who had already begun the attack on the Constitution of the
Clergy with remarkable astuteness. Now they devoted all their efforts to oppose
the provision on the deposition of bishops, the vacating of episcopal sees, and
the election and ordination of new bishops. They agreed that these civil oaths
should be regarded as perjury and sacrilege, unbefitting not merely the clergy
but any Catholic; all actions which are based on these oaths should be seen as
schismatic, null, void, and liable to severe censures.
9. These praiseworthy statements of the French
clergy have been put into effect. Almost all the bishops and most of the parish
priests have refused the oath with unconquerable firmness. The enemies of
religion then realized correctly that their vicious plans would come to nothing
unless they persuaded some bishop, either by appealing to his ambition or his
stupidity, to take the oath to observe the Constitution and to undertake
sacrilegious consecrations and so, to initiate a schism. Among those who have
been overcome by this wicked deceit the first was Charles bishop of Autun, the
greatest enthusiast for the Constitution; second was Jean-Joseph bishop of
Lidda; third was Louis bishop of Orleans; fourth, Charles bishop of Viviers;
fifth, Cardinal de Lomenie, Archbishop of Sens; and a few wretched pastors of
lower rank.
10. As regards Cardinal de Lomenie, he tried to
excuse himself for taking the oath in a letter to Us last November 25. He
stated that it was not to be regarded as mental assent and claimed that he was
quite undecided on the question of ordaining bishops who had been elected. (He
had not yet done so.) Since it was most important that none of the bishops
should consecrate those elected and so broaden the road to schism, We decided
to postpone a little Our answer to the bishops, which was near completion;
instead We wrote to the cardinal without delay on February 23. We pointed out
to him the error of his opinion in taking the oath, and the canonical penalties
which with sadness We would be obliged to apply, stripping him of the rank of
Cardinal unless he removed the public scandal by a timely and appropriate
retraction.
As to his indecision about ordaining those
elected, in answer We commanded him not to ordain new bishops for any reason
whatsoever, and so join new rebels to the church. For the right of ordaining
bishops-belongs only to the Apostolic See, as the Council of Trent declares; it
cannot be assumed by any bishop or metropolitan without obliging Us to declare
schismatic both those who ordain and those who are ordained, thus invalidating
their future actions.
11. When We had completed this business, We
resumed the task of replying to the bishops. This task had become more
troublesome and time-consuming because of the many new developments which
subsequently affected it. After examining all the articles in order to make
clear to everyone that in the judgment of this Holy See, which has been sought
by the French bishops and is eagerly awaited by French Catholics, We declared
that the new Constitution of the Clergy is composed of principles derived from
heresy. It is consequently heretical in many of its decrees and at variance
with Catholic teaching. In other decrees it is sacrilegious and schismatic. It
overturns the rights and primacy of the Church, is opposed to ancient and
modern practice, and is devised and published with the sole design of utterly
destroying the Catholic religion. For it is only this religion which cannot be
freely professed, whose lawful pastors are removed, and whose property is taken
over. Men of other sects are left at liberty and in possession of their
property. We pointed all this out clearly, but We stated mildly that We had
hitherto refrained from excommunicating the authors of the ill-omened Civil
Constitution of the Clergy. It was Our duty, however, to emphasize that We would
be obliged against Our will to declare schismatic all who did not reject the
errors We had revealed (the customary procedure of this Holy See in these
cases). This threat applied to the authors of the Constitution as well as to
those who swore to observe it, whether they supervised the election of new
bishops, consecrated those who were elected, or accepted this consecration. For
none of these would have either a lawful appointment or be in communion with
the Church.
12. We are ready to show as much favor to the
French people as We can without prejudicing the teaching and universal practice
of the Church. Thus We have followed the advice of the Cardinals whom We
consulted on this matter, repeating the message which We sent by letter to the
King. We have urged the bishops who are living in the midst of these
developments to inform Us of any other possible method of action which is not
in opposition to Catholic teaching and universal practice, and to submit it for
Our consideration. We have mentioned Our intentions to the King and have sent
him a copy of Our answer to the bishops. We have also urged him to take the
wiser bishops into his counsel in order to apply an appropriate remedy to the
disease which derives in part from the royal authorization. Finally We have
informed him that out of pastoral duty, We will take the same measures against
those who remain obstinate in their error as Our predecessors took when faced
with a similar necessity.
13. Our March 10 letters to the King and to the
bishops were both entrusted to an express messenger who left early the next
day. On the 15th a regular messenger arrived from
So on that day the bishop of Autun, with the
assistance of these two bishops, rashly and sacrilegiously consecrated Alois
Alexandre Expilly and Claude Eustache Francois Marolles, in a church of the
priests of the Oratory without permission of the Ordinary. They had received no
commission to do so from the Apostolic See; they omitted the oath of obedience
to the Pope; they neglected the examination and confession of faith which are
prescribed in the Roman pontifical which should be observed universally; and
they broke and despised all laws. They did this even though they must have
known that the former candidate had been wrongly elected bishop of Quimper
against the serious and repeated objections of the chapter, and that the latter
was far more wrongly given as bishop to the church of Soissons since this
church has a lawful pastor alive and well, Our venerable brother Henry Joseph Claude
de Bourdeilles. He consequently considered that it was his duty to attack
violently this great act of profanation and to provide ready help for his
diocese. His letter published on the following day, the 25th,
attests that he did so.
14. At the same time We learned that the bishop
of Lidda had piled sin on top of sin. For on February 27, with the assistance
of the new spurious bishops Expilly and Marolles, he rashly and sacrilegiously
in the same church consecrated the parish priest Saurine as bishop of Aix,
although this flourishing church rejoices in its own bishop, Our venerable
brother Charles Auguste Lequien. Perhaps in appreciation of these actions, the
bishop of Lidda, Jean Joseph Gobel, was elected archbishop of
15. This sad and burdensome news overwhelmed Us
with sorrow. But uplifted by hope in God, We again summoned the assembly of the
Cardinals on March 17 to learn their views on this important development. While
We were engaged in consultation with the cardinals on the 21st,
another messenger from
They dared to do this, even though the first
two of these churches have their own lawful pastors and the other two have not
yet been created episcopal sees by Apostolic Authority. The proper view
regarding men who allow themselves to be elected and consecrated for churches
whose bishops are still governing and administering, was well expressed by St.
Leo many years ago. In a letter to Julian, bishop of
16. The Church has at all times rightly
rejected men elected by a low mob of the laity, men who share the same wrong
opinions as their electors. This is abundantly proved by the pastoral letter of
"Bishop" Expilly brought by the same messenger. It was published on
February 25 to deceive the simple-minded, and obviously aimed at rending the
seamless garment of Christ.
This man first mentions the oath (that is, the
perjury) he has sworn, and introduces all the principal assertions of the
French Constitution which he copies almost word-for- word. In accord with the
statements of the Assembly, he attempts to prove that Christian dogma is not
affected by this Constitution, while a better form of Church order is
introduced which is closer to the purity of early centuries. He states that
this is particularly true of the section which restores ecclesiastical
elections to the people and consecrations to the metropolitans; but he
established his claim only by former decrees of the French Assembly. The better
to impress the simple-minded, he mentions his letter to Us of November 18, 1790,
as if he enjoyed communion with this Apostolic See. He then addresses the
different groups in the diocese and admonishes them all to receive him as their
lawful pastor and to embrace the Constitution unreservedly.
17. Woe to the wretch! We purposely pass by
matters relating to the civil government, but how rash he was to try to defend
a Constitution concerning the affairs of the Church which nearly all the
bishops of the French Church and many others of the clergy condemned and
rejected as opposed to Church teaching and completely at variance with common
practice, especially in regard to the election and consecration of bishops! Not
even he could have concealed the evident truth, if he had not carefully avoided
any mention of the most recent foolish decrees to come from the Assembly. For
alongside other wickedness, these decrees go so far as to give the right of
consecrating to any bishop at the discretion of the Assembly Executive.
18. Let this unfortunate man, who has advanced
so far along the road to perdition, read Our answer to the French bishops; he
will see the truth which he hates shining clear in every article, for at the
start We have refuted the amazing errors contained in his letter. Meanwhile let
him be aware that he has pronounced sentence on himself. He claims that the one
elected must be consecrated by his metropolitan to obtain his lawful title in
accordance with the ancient practice deriving from a canon of
19. His letter to Us, far from relieving his
plight, worsens it, and must be called schismatic. For that letter makes a mere
pretense of establishing communion with Us, since it does not even mention the
confirmation which We must give; it simply informs Us of the unlawful election
as provided for in the French decrees. Hence, following the precedent of Our
predecessors, We did not consider answering his letter; rather We gave orders
that he should be warned to proceed no further, since We expected that he would
attempt to do so. The bishop of
Therefore, instead of accepting him as their
pastor, the people should reject him with abhorrence as an intruder. For he has
failed to profess the truth which he must acknowledge; he has begun to put his
so-called pastoral duty to bad uses; and lastly he has become so presumptuous
as to relax the Lenten observance commanded by the Church, at the end of his
pastoral letter. So "he is an imitator of the devil and does not stand
firm in the truth, but makes bad use of the appearance and name of the office
he has attained," as St. Leo the Great wrote to some Egyptian bishops concerning
a similar intruder.
20. From this series of sins schism is being
introduced and spread in the kingdom of France, which is so dear to Us and has
served religion so well; for the same reason pastors of first and second rank
are being everywhere elected as the days go by, legitimate ministers are
ejected from their positions, and ravening wolves are put in their place. We
are certainly saddened by this sorrowful situation. Therefore to hinder the
spread of schism from the start, to recall to their duty those who have
strayed, to fortify the good in their purpose, and to preserve religion in that
prosperous kingdom, We follow the advice of the Cardinals and answer the
prayers of the entire group of bishops of the French church. Imitating the
example of Our predecessors, We proclaim that each and every cardinal,
archbishop, bishop, abbot, vicar, canon, parish priest, curate and member of
the clergy, whether secular or regular, who has purely and simply taken the
Civil Oath as ordered by the National Assembly is suspended from the exercise
of his office and will act irregularly if he exercises his office unless he
abjures his oath within forty days from this date. For the oath is the poisoned
source and origin of all errors and the chief cause of the sorrow of the French
Catholic church.
21. Furthermore, We declare specifically that
the elections of the said Expilly, Marolles, Saurine, Massieu, Lindet, Laurent,
Heraudin, and Gobel as Bishops of Quimper, Soissons, Aix, Beauvais, Evreux,
Moulins, Chateauroux, and Paris are unlawful, sacrilegious, and utterly void.
We rescind, efface, and abrogate them, as well as the recent creation of the
so-called dioceses of Moulins,
22. We similarly declare and decree that their
consecrations were sinful, and are illicit, unlawful, sacrilegious, and at
variance with the regulations of the sacred canons; since they were rashly and
wrongfully elected, they lack all ecclesiastical and spiritual jurisdiction for
the guidance of souls, and have been suspended from all exercise of the
episcopal office.
23. We declare likewise that Charles, bishop of
Autun; Jean-Baptiste, bishop of Babylon; and Jean-Joseph, bishop of Lidda have
been suspended from all exercise of their episcopal office as sacrilegious
consecrators or assistants; all who gave them help, consent, or counsel at
those accursed consecrations have been suspended from the exercise of their
priestly, or other, office.
24. We therefore severely forbid the said
Expilly and the other wickedly elected and illicitly consecrated men, under
this punishment of suspension, to assume episcopal jurisdiction or any other
authority for the guidance of souls since they have never received it. They
must not grant dimissorial letters for ordinations. Nor must they appoint, depute,
or confirm pastors, vicars, missionaries, helpers, functionaries, ministers, or
others, whatever their title, for the care of souls and the administration of
the Sacraments under any pretext of necessity whatsoever. Nor may they
otherwise act, decree, or decide, whether separately or united as a council, on
matters which relate to ecclesiastical jurisdiction. For We declare and
proclaim publicly that all their dimissorial letters and deputations or
confirmations, past and future, as well as all their rash proceedings and their
consequences, are utterly void and without force.
25. We also command and prohibit under the same
punishment of suspension both the men consecrated and their consecrators from
illicitly conferring the sacrament of confirmation or of orders, or exercising
in any way the episcopal office from which they have been suspended.
Consequently anyone ordained by them should realize that he is suspended and
will be guilty of irregularity if he exercises the orders he has received.
26. However to prevent greater evils, We decree
and declare by this letter and Our authority that all other elections by the
electors of municipal districts to French cathedral and parochial churches,
whether vacant or occupied, whether old-established or recently and unlawfully
created in accordance with the said Constitution of the Clergy, have been, are,
and will be void, unlawful, sacrilegious, and utterly null, and We hereby
rescind, efface, and revoke them. We therefore declare that men who have been
or will be elected wickedly and wrongfully, whether to cathedral or parochial
churches, lack all ecclesiastical and spiritual jurisdiction for the guidance
of souls and that bishops who have been or will be illicitly consecrated are
suspended from all exercise of their episcopal office; parish priests who have
been or are to be invalidly appointed are suspended from their priestly
ministry.
Accordingly We prohibit severely both those who
have been or are to be elected as bishops from rashly accepting episcopal
consecration from any metropolitan or bishop as well as the spurious bishops
and their sacrilegious consecrators and all other archbishops and bishops from
daring to consecrate on any pretext those who have been or are to be wrongfully
elected. Furthermore, We command those who have been or are to be elected, to
behave in no way as archbishops, bishops, parish priests, or vicars nor to call
themselves by the name of any cathedral or parochial church, nor to assume any
jurisdiction, authority, or faculty for the care of souls under the penalty of
suspension and invalidity. None of those who have been named can ever be freed
from the punishment of suspension, except by Us or by delegates of the
Apostolic See.
27. With the greatest possible kindness, We
have declared the canonical penalties imposed until the present in order that
the evil deeds already accomplished may be corrected and prevented from
spreading abroad. We hope in the Lord that the consecrators, the intruders in
cathedral and parochial churches, and all the authors and supporters of the
published Constitution will recognize their error and return repentant to the
fold from which they were seduced by treacherous deceit.
For this reason, We insistently urge them to
retire from their ministry, to draw back from the way to perdition on which
they are traveling at full speed, and never to allow strange doctrines which
are opposed to the teaching of Christ, the tradition of the Fathers, and the
law of the Church to be spread among the people by men inspired by the
philosophy of the present age. However, if Our mild manner of action and
paternal warnings come to nothing-may God prevent this!-they should be aware
that We do not intend to spare them those heavier penalties to which they are
liable under the canons. They may be quite certain that We will anathematize
them and proclaim them as such to the whole Church, since they are schismatic
and cut off from communion with the Church and with Us.
For it is very fitting "that as each one
chooses to lie in the mud of his own foolishness, so the laws should stay firm,
and he should have the same lot as those whose error he has followed," as
Leo the Great says in his letter to Julian, bishop of Coensum.
28. We now address you, who with few exceptions
know your duty to your flocks, and publicly professed it, disregarding human
calculations. You judged that the greatest care and labor should be given to
counter the greatest dangers. We apply to you the lavish praise given by Leo
the Great to the Egyptian Catholic bishops in Constantinople: "Although I
heartily share your loving labors for the observance of the Catholic faith, and
I regard the attacks of the heretics on you as attacks on my person, I realize
that your invincible constancy by the strength of the Lord Jesus Christ in the
evangelical and apostolic teaching is reason for joy rather than for sorrow.
And when the enemies of the Christian faith removed you from the sees of the
churches, you preferred to endure the evil of travel than to be defiled by any contact
with their impiety." Indeed as We consider you, We are consoled and
strongly urge you to stand fast in your purpose. To this end, We remind you of
the bond of spiritual marriage which unites you to your churches and which only
death or Our Apostolic authority can dissolve, according to the provision of
the canons. Stay with your churches, then, and never leave them at the bidding
of ravening wolves whose plots you have condemned in holy zeal as you
unhesitatingly performed the tasks of lawful authority.
29. Next We address you, beloved sons, canons
of excellent chapters.
Subject to your archbishops and bishops, as is
right, you form one clerical body as limbs which are united with their head,
which the civil power is unable to destroy or overthrow. You have won great
praise in following the remarkable example of your prelates: never turn aside
from the right road, on which you are set, and never allow anyone in false
bishop’s garments with a company of subordinates to take possession of your
churches. For if the churches are deprived of their bishops, they will be your
concern alone, despite all new plots hatched against you. Therefore, united in
mind and counsel, keep as far from you as possible all intrusion and schism.
30. We also address you, beloved sons, parish
priests and curates, who in great numbers and firm virtue have performed your
duty far differently from your colleagues who, overcome by weakness or swept
away by the tide of ambition, have gone over to the service of error. We hope
that these men will soon return to their duty on receiving Our admonition.
Press on bravely with the work you have begun, and bear in mind that the
appointment you received from your lawful bishops can be taken from you only by
them. Consequently, even if you are removed from your place by the civil power,
you will still always be the lawful pastors, in duty bound as far as you are
able to keep off the thieves who try to sneak into your place with the sole aim
of destroying the souls entrusted to your care, whose salvation you will have
to account for.
31. We address you too, beloved sons, priests,
and other clergy and ministers of France. Since you have been called to the
Lord’s work, you ought to stay close to your lawful pastors and be firm in
faith and doctrine. Above all, avoid and condemn the sacrilegious intruders.
32. At length We beseech you all, beloved
Catholic children, in the kingdom of France; as you recall the religion and
faith of your fathers, We urge you lovingly not to abandon it. For it is the one
true religion which both confers eternal life and makes safe and thriving civil
societies. Carefully beware of lending your ears to the treacherous speech of
the philosophy of this age which leads to death. Keep away from all intruders,
whether called archbishops, bishops, or parish priests; do not hold communion
with them especially in divine worship. Listen carefully to the message of your
lawful pastors who are still living, and who will be put in charge of you
later, according to the canons. Finally, in one word, stay close to Us. For no
one can be in the Church of Christ without being in unity with its visible head
and founded on the See of Peter.
To inspire all to fulfill their duties more
ardently, We implore the heavenly Father to send you the Spirit of counsel,
truth, and constancy. As a pledge of Our paternal love, beloved sons, venerable
brothers and beloved children, We impart to you the Apostolic blessing.
Given at Rome in St. Peter’s under the Ring of
the Fisherman on April 13, 1791, in the 17th year of Our
pontificate.