n law, is that the bishops govern their
dioceses without the participation of any chapter. They simply call
to their council those they deem proper, and choose from these their
chapter and cathedral councillors."]

[Footnote 5234: 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."]

[Footnote 5235: Abbe Andre, "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."]

[Footnote 5236: Emile Ollivier, "L'Eglise et l'Etat au concile du
Vatican," p 517.--Abbe Andre, ibid., PP.17, 19, 30, 280. (Various
instances, particularly the appeal of a rural cure, 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."]

[Footnote 5237: Emile Ollivier, ibid., II.,517, 516.--Abbe Andre, ibid.,
p.241. "During the first half of the nineteenth century no appeal could
be had from the Church of France to Rome."]

[Footnote 5238: Emile Ollivier, ibid., I. p. 286.--Abbe Andre, 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."]

[Footnote 5239: Praelectiones juris canonici habitae in seminario Sancti
Sulpicii, III., p