MAXIMAM GRAVISSIMAMQUE
ENCYCLICAL OF POPE PIUS XI
ON FRENCH DIOCESAN ASSOCIATIONS
T o the eminent Cardinals: Louis Henri Lucon, Archbishop of Reims, Paul Pierre
Andrieu, Archbishop of Bordeaux, Louis Joseph Maurin, Archbishop of Lyon,
Alexius Charost, Archbishop of Rennes, Arthur Stanislaus Touchet, Bishop of
Orleans, and the other Archbishops and Bishops and the clergy and people of
France.
The moment has finally arrived for Us to announce the solution which We have
arrived at on the important and very grave problem of Diocesan Associations. In
laying bare before you, as We now do, the processes We have followed in arriving
at this conclusion, We deem it Our duty to recall to memory and to place before
your very eyes, as if they were pictures, the different steps in the
negotiations which were taken with reference to this particular subject. We
shall be able to do this quite briefly since We deal with a matter, the history
of which is in great part already perfectly known to you.
2. We recall, but with sorrow, those sad days when in your country the evil
project of separating the interests of the Republic from those of the Church was
conceived and how, what is more unfortunate, steps were taken to put the project
into execution. We cannot forget either how, at one fell stroke, the relations
which existed between the Holy See and France were brusquely and unjustly broken
off, how on December 9, 1905, the law of separation was passed by which the
Concordat which had been in force over a long period of time was abrogated by
but one party to the contract in direct violation of all the formalities
demanded by law, how also, without the slightest regard either for the hierarchy
of the Church or for the authority of the Holy See, unjust and arbitrary laws
were enacted concerning the rights and possessions of the Church, as well as on
the subject of divine worship. Neither can We forget how Our Predecessor of
saintly memory, Pius X, in his encyclical Vehementer of February 11,
1906, and in the allocution which he made at the Consistory of February 21, the
same year, condemned in no uncertain terms and with all possible solemnity this
very law; nor how he condemned, at the same time, the so called
"Associations Cultuelles" which were to be established in the spirit
of that law, Associations which in another encyclical Gravissimo of
August 10, of that year, the same Pope rejected once more and condemned.
3. The "Associations Cultuelles" did not come into existence, and
therefore several persons - We use the words of Our Predecessor - thought it
opportune to try, if possible, to create in their place another type of
organization which would conform at one and the same time with the laws of
France and the canons of the Church, and which would, considering the sad times
which seemed to loom up in the near distance, be able to preserve intact, at
least in substance, the sacrosanct rights of Holy Church. But as such a result
seemed impossible of achievement at that time, Pope Pius, after consultation
with the bishops of France, forbade any attempt to form this new type of
Association, at least as long as the law of separation remained on the statute
books, and until it could be established legally and beyond all doubt that in
these same Associations the divine constitution of the Church, the inalienable
rights of the Roman Pontiff and of the hierarchy, as well as the Church's
authority over her property and, particularly over church buildings, would be
both respected and safeguarded.
4. You know only too well what followed upon this decision. The entire
Catholic world looked on and was filled with admiration at the course of events.
For precisely that which the Supreme Pontiff, Pius X, in the letter which We
have referred to had asked of you, had with confidence recommended, and had
even, if We may say so, foreseen, yes, that very course of action which you
preached both by word and by example as the only solution of the problem, that
finally and happily came to pass. Mankind witnessed the glorious spectacle of
the clergy and the faithful of France rivaling each other day by day in fervor,
in generosity, in devoted sacrifice. On the one hand, the faithful gave most
generously and in abundance their offerings for the decorous upkeep of divine
worship and for the adequate maintenance of their priests. On their side, the
clergy willingly and even gladly submitted to the hard conditions of life which
came into existence as a result of the law of separation.
5. It must also be added here that the sacred ministry, which is more closely
united with the public welfare than any other vocation, was, because of that
law, hampered in its activities and made still less efficient in its work
through the expulsion of many of its needed helpers and coadjutors. The clergy,
too, were deprived of all income from property, a fact which exposed them to a
condition in which they were oftentimes in dire need of even the bare
necessities of life.
6. The devoted and noble-minded rivalry between the clergy and laity, which
existed under these trying circumstances, was of such a character that We in all
justice may call it heroic, and We Ourselves, years ago, followed its course
with the liveliest interest. From the beginning of Our Pontificate We have
appreciated the remarkable economic advance which has been made and have noted,
too, that the spirit of union has not been diminished, neither has it been in
danger of being weakened. As a matter of fact, the economic condition of the
Church of France, according to the views of several bishops, is such that it
does not appear to be in need of an immediate remedy. On the other hand, both
the organization and administration of the patrimony of the Church, despite the
fact that it is often beset with difficulties and hampered by obstacles and,
because of this unjust law, exposed to many dangers, has not been completely
deprived of a support which has its base in the common law.
7. In spite of such facts, the lack of a sound juridical foundation for these
rights carries along in its wake a certain instability as far as these rights
themselves and all other matters of the Church are concerned, which together
with the almost universal troubles of the present times and the widespread
confusion have become to Us a source of great anxiety and of mental
preoccupation. For these reasons it appeared opportune to try every possible
means which might help to relieve or remedy the existing situation.
8. This consciousness of Our duty grew all the more pressing as the belief
gradually became more and more general that intervention on Our part would
assist greatly in bringing about a more general peace among men, a peace which,
like yourselves, We now desire, as We have always desired it, even from the
first day when We, not by reason of any merits on Our part but because of a
hidden decree of Divine Providence itself, were raised to the sublime office of
the Common Father of all the faithful.
9. The ending of the terrible War through which the world has passed and the
story of the glorious deeds of the clergy, both regular and secular, forgetting
the insults they had received and remembering only their love of country, which
was made known to all, caused to grow from day to day a profound desire for the
re-establishment of religious peace broken by the law of separation, the result
of which peace would be that the status of the Catholic Church in France would
be made more conformable to the dictates of justice, should it be able to
function under the sanction of law.
10. Out of this desire for peace has come the problem of Diocesan
Associations. The statutes of these Associations, drawn up by competent
scholars, who did not act without the consent of the heads of the French
Government, were first sent to the Holy See by Our Nunzio in France. They were
then forwarded to you, as well as to Our Venerable Brothers, the Cardinals of
the Holy Roman Church, who are members of the Congregation of Extraordinary
Ecclesiastical Affairs. The views of both these parties were asked for more than
once. Finally, these questions were examined by Us personally.
11. One can readily understand that it was not easy for Us to pass judgment
on this question. In the first place, We could not and We did not even wish it
to be made to appear that We were willing to accept a different solution from
that which had been outlined by Pius X. Both the memory and the position taken
by the great Pontiff who was Our Predecessor made such a course impossible; the
violation of the rights of this Apostolic See and of the hierarchy, rights which
are the rights of God and of souls, simply forbade such a course. What We did do
was to ask for the prayers of many of the faithful, and We too lifted Our heart
to God in prayer, and then after considering at great length the matter in the
Divine Presence, We confirmed the condemnation which had been made of the
iniquitous law of separation, but at the same time concluded that, due to the
change in public opinion, and, due also to the different circumstances and
relations between the Holy See and the French Republic which had toward the end
of 1922 been so profoundly changed, We did not see any difficulty which would
keep Us from allowing the Diocesan Associations to come into existence, at least
as an experiment, but only on the following condition. First, the statutes would
have to be corrected in such a way that they would conform, both in their
general tenor and in their essential nature, with the divine constitution and
laws of the Church. Secondly, We must be given certain guaranties, protected by
law, which would remove as far as possible all danger that in case men hostile
to the Church should come into power in the Republic, they might be able to
refuse to recognize the legal existence and the legal rights of these
Associations, and thus expose them to the possibility of losing their property
which they held under the law.
12. These statutes have been discussed at length and with great care by both
parties. The outcome of these discussions is that the Diocesan Associations
which are contemplated by this plan are quite different from those which Pius X
condemned and had refused permission to organize. This conclusion takes on added
certainty due to the facts that these statutes do not depend, either necessarily
or directly, upon the law condemned by Pius X, and that the functioning of these
Associations must always be in conformity with Canon Law. In case of
difficulties or conflicts, those in charge of the Associations have the right
and the duty of informing this Apostolic See.
13. With reference to the guaranties sought by Us, they are not as a matter
of fact precisely those which We asked for at the beginning of the negotiations
and to which the heads of the French Government gave their consent. However, the
guaranties actually offered are of such character and are based on such reasons
and such explicit declarations that We have thought it possible to accept them
in the interests of a more general peace. We have done this, too, because it did
not appear possible to obtain better guaranties and because those which we
proposed can, all things considered, be accepted as possessing both the legality
and the security which Pius X himself would have demanded of such guaranties in
the circumstances.
14. Finally, there is this to be said, that We have in favor of the new
statutes not only the opinion of men versed in law and of unquestionable
reputation but also the unanimous opinion of the Council of State, a body made
up of the members of both Chambers, which is, according to French law, the
supreme and only competent court empowered to express a view on the
interpretation of French law. Their view which is shared with them by the heads
of the Republic comes in the last analysis to this, that these statutes contain
nothing which is against the laws of France. This, of course, means that the
Diocesan Associations have nothing to fear from the laws of the Republic.
15. Such being the situation, We wished in conformity with Our Apostolic
duty, to omit nothing, short of sacrificing the sacred rights and honor of God
and of His Church, which would in any way possible assist the Church of France
in securing for itself an unquestionable basis in law. This, Our action, will
contribute or at least We hope it will, to the establishment of complete peace
in your country, a country very dear to Our heart. Therefore, We decree and
declare that Diocesan Associations may be permitted at least as an experiment,
provided always they are governed by the statutes which are hereto subjoined.
16. It is scarcely necessary, dearly Beloved Sons and Venerable Brothers,
that We employ a great number of words in order to explain and make clear to you
why We use an expression which is so prudently and carefully chosen. In the
present circumstances it is a case of merely applying a remedy to conditions
which contain the possibilities of still greater evils than those at present
existing. We have always been convinced, We are still convinced, that if Heaven
should grant Us the happiness of bringing about certain definite results in this
important affair that both We and you, as well as the clergy and faithful of
France, ought to look on such results as merely, on one hand, an installment of
that full and entire liberty which the Church must possess, not only in your
country but the world over, a liberty which belongs to her and is enjoyed by
divine right and which, because of her office and nature, she cannot allow to be
either suppressed or diminished. On the other hand, we ought to view these
results as a starting point from which we shall be able to go forward to the
legitimate and peaceful conquest of a full and entire freedom for the Church.
17. At any rate, let no one distort the meaning of Our present decision in a
way which is quite foreign to Our thoughts to the effect that by it We desire to
nullify the condemnation of Associations made by Our Predecessor of saintly
memory, Pius X, or that We have become reconciled to the so-called "Lay
Laws." Whatever Pius X condemned, We condemn; wherever and as often as the
term "lay" is understood in the sense of a feeling or ideal inimical
or foreign to God and to religion, We absolutely condemn such a thing and
declare moreover to the whole world that such "laicism" must be
condemned. Nor let anyone say that the permission to exist, which We accord to
the Diocesan Associations, is in itself an overturning of the orders of Pius X,
for the simple reason that the orders of Pius X referred to entirely different
matters existing in circumstances altogether different from the present.
18. There now remains nothing further for Us to write about except to
proffer, from the depths of Our fatherly affection, to you, to your clergy, and
to your flocks, the following very important piece of advice. In the first
place, We wish you to recall a certain fact to your priests and to the faithful
confided to your care, a fact which you know already and which you yourselves
will explain to them somewhat more in detail. The fact is this. If the new
Associations and the statutes which are to govern them contribute to making the
juridical position of the Church in your country somewhat more stable and by
consequence more satisfactory than it has been, this should not be accepted as a
reason for permitting that noble and generous rivalry between them, and which We
have already praised in this very letter, to go out of existence. Otherwise the
property which was lost to the Church by reason of the law of separation could
never be recovered; which if it should be recovered or paid for, that would be
only an act of restitution dictated by justice.
19. We, therefore, exhort you, dearest Sons and Venerable Brothers, as well
as your priests, who are co-workers with you, to continue as you have in the
past to feed with loving and watchful care the flock which God has confided to
you. (I Peter v, 2) Feed them by your words, feed them by your example;
feed them by your good works, feed them by your sufferings in much the same way
as Our Lord Jesus Christ who redeemed us by His sufferings, to the end that you,
too, may gather in joy abundant fruits.We exhort the faithful entrusted to your
care in the words of the Apostle: "Remember your prelates who have spoken
the word of God to you" (Hebrews xiii, 7); continue to "love
the beauty of the Lord's house" (Psalms xxv, 8); furnish the
"temporal means to those who have sown among you spiritual things" (I Cor.
ix, 11); "obey your prelates, and be subject to them. For they watch as
being to render an account of your souls; that they may do this with joy, and
not with grief." (Hebrews xiii, 17)
20. In declaring, dearly Beloved Sons and Venerable Brothers, that the
existence of Diocesan Associations can only be permitted by Us, We must frankly
avow that by this statement We have wished to abstain from commanding you in a
formal manner to create and to establish them. However, We desire their
existence, and We pray you in Jesus Christ, inspired by that feeling of filial
love which you have for Us and by the ardent desire which consumes you to
protect the discipline, unity, and peace of the Church, to give a trial to these
Diocesan Associations. In doing this, you will demonstrate that you are filled
with the selfsame spirit of generosity and of filial deference for us that you
had for Our Predecessor of saintly memory, Pius X. For God will have mercy on
all "who have done all this together, and have craved mercy of the
Lord" (II Machabees xiii, 12); "and God is faithful, who will
not suffer you to be tempted above that which you are able; but will make also
with temptation issue, that you may be able to bear it." (1 Cor. x,
13)
21. That all things may work out for the glory of God, for the salvation of
souls, for the increase of peace which all so ardently look forward to - an
intention for which We pray to the Sacred Heart and to the Immaculate Virgin
with great instancy - We bestow from the depths of Our heart upon you, dearly
Beloved Sons and Venerable Brothers, upon your clergy, upon your faithful
people, and upon France herself the Apostolic Blessing.
Given at Rome, at St. Peter's, on the feast of the Chair of St. Peter in
Rome, the eighteenth day of January, in the year 1924, the second of Our
Pontificate.
PIUS XI
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