CONCORDAT
203
CONCORDAT
must be renienibcrod, though, that thr pnpps oxorcisc
their authority only for the gravest reasons, ami after
all the solemi'i formalities of the Roman ('uria )iav(!
been duly observed. Yet, should the pope rescind
these privileges, he would not ordinarily be bound to
make any compensation to the State, as compensation
is strictly obligatory only where the privileges revoked
are those teclinically called onerosa (see Privilege).
Concordats, however, are not of this nature. All this
applies with greater force to concessions wrung from
the pope through chicanery, threats, or open violence,
or which exceed the papal prerogative. Again, if it
is a question of dominion over temporal goods that
h.as passed from the Church to the State, the Church,
it is clear, may not revoke this concession, although
a spontaneous grant may be withdrawn.
Tarqitini, Imliliilionfs juris can., I, tit. iv: Appendix dc concordatis: Phillips, Kirchenrecht (Ratisbou, 1S50), III, 58; ScHULTE, Die Lehre von den Quellen etc. 435 sqq.: ^\ ernz. Jus Deer. (Rome, 1905). I, 166 sq.; Moul-^rt, LLglise et VFAat (Louvain, 1S87), 58.3 sqq.; Azevedo, Delia natura e caraltcre essenziale dei Concordali (Rome. 1872); Fink, De Ccmcorda(i.i (Louvain, 1879); Radini-Tedeschi, Chiesa e Stato in ordine ai Concordali (Milan, 1887); Turinaz, Les Concordats et I'oblipa- tion reciproque qu'ils imposent (Pans, 1888); Satolli, Prima principia . . . de Concordatis (Rome, 1888); Onclair, lAi queslien des Concordats in Rev. Calh. des Institutions et du Droit (or Oct., 18S9; Cavaonis. Instituliones juris publici eccl. (Freiburg im Br., 1903); Hammerstein, De EcdesiA el Statu juridice consideratis (Trier, 1886); De Bonald, Deux questions sur U Concordat de ISOl (Paris, 1801); I.iberatore, La Chiesa e lo Stato (Naples, 1872), iii, arts. 13. 14; Id., Del diritto pub- blico eccl. (Prato, 1887), iv, art. 8; De Luise, De jure publico Eccl. Cath. (Pari.>i. 1877), V; Baldi. De nativil et peculiari indole Concordatorum (Rome, 1883); Giobbio, / Concordali (Monza, 1900); Smith, Elements oj Eccl. Law (New York, 1878),
Benedetto Ojetti.
Summary of PuiNriP.^L Co.ncord.\t.s. — Before the Eighteenth Centuri/. — (1) The Concordat of Worms, or Pactum Calixtiiium, 23 September, 1122, between Pope Callistus II anil the Emperor Henry V, con- firmed by the First Lateran Council, terminated the long investiture quarrel. The following were its chief provisions: (a) The elections of bishops and abbots should take place in the presence of the emperor, (b) Contested elections, according to one opinion, should be decided by the emperor, who had only to ask the advice of the metropolitan and his suffragans; accord- ing to another opinion, the decision rested with the provincial synod, the emperor merely assuring the execution of the .synod's judgment, (c) Tlie emperor renounced the right of spiritual investiture with ring and crosier and received instead the right of lay inves- titure with the sceptre, a sign of temporal, but not of spiritual, authority. In Germany the prelate should receive investiture with the sceptre before consecra- tion, but in other countries after consecration, (d) The emperor promised to protect the Roman Church and restore the possessions of the Holy See. (e) The pope agreed not to disturb those who had been on the side of the emperor during the controversy.
(2) Concordats with Portugal: one in 12S8 between the bishops of Portugal and King Diniz after a violent persecution of the Church in that comitrj-, and ratified by Nicholas IV in 1289; another in 151G, between the Portuguese bi.shops and King Manuel the Fortunate, afterwards confirmed by Pope Leo X.
(3) The Concordiit of 151G between I-.eo X and Fran- cis I of France, confirmed by the Fifth Lateran Council, was a result of the long controversy between the Holy See and the French Government over the Pragmatic Sanction of Bourges. Besides abolishing the Prag- matic Sanction, the terms of this concordat (a) gave to the king the right of presentation to bishoprics, abbeys, and priories; (b) the concordat, however, maintained the pope's right of confirmation, devolu- tion (i. e. the right to appoint of his own choice, if the king did not present a candidate within the re(]uired time), and the reservation of bi,<;hoprics made vacant by the death of the incumbents while at the papal
court, (o) It contained also stipulations concerning
the annates and other matters.
(4) The ( 'oncordat of Vienna wa-s the outcome of the efforts on the part of the princes of the German Em- pire to put an end, at least in Germany, to the conflict between Eugene IV and the Council of Basle. After some negotiations Eugene i-ssued four Bulls (Feb., 1447) which together constitute the so-called Concor- dat of the Princes. The first was a promi.se of a new council ; the second contained a provisional acceptance of certain decrees of the Council of Basle; and the third and fourth dealt with the details of the agree- ment. Eugene IV died shortly after this and Nicho- las V, his successor, confirmed the four Bulls. But a certain nimiber of the princes being still unsatisfied, Frederick III thought it time to intervene. At a diet held at .\scharfenl)urg, he onlered the universal recog- nition of Nicholas V as lawful pope, and on 17 Febru- ary, 1448, the Concordat of Vienna was agreed upon by the emperor and the papal legate, Carvajal. It was confirmed l)y Nicholas v on 19 March of the same year, and wa.s sul)sequently recognized as the ecclesias- tical code for Ciermany. Its principal terms were the following : (a) The election of bishops was to be free from all interference, though the pope should have the right of confirmation; and for good reasons and with the advice of the carilinals he could appoint a more worthy and suitable person than the one elected, (b) In the six odd montlis of the year vacant canonries and non- elective benefices were at the disposal of the pope; at other times these vacancies should be filled by the or- dinary, (c) The concordat also treated of the amount and payment of the annates.
(5) The Concordat with Bohemia in 16.30 was nego- tiated for that country between Urban VIII and the Emperor Ferdiiuinil II; it followed on the re-estab- lishment of the Catholic religion in Bohemia after the campaign directed by p>rdinand against the heretics. By its terms the Church renounced the goods that had been alienated during the progress of the here.syand received compensation from the revenues derived from a tax on salt which was levied for her benefit.
Eighteenth Centuri/. — Twelve concordats were made during the eighteenth century. Five of these with Sardinia: the first, in 1727, between Pope Benedict
XIII and Victor Amadeus 11 confirmed the right pos- sessed by the House of Savoy of immediate nomina- tion to ecclesiastical offices; three between Benedict
XIV and King Charles Emmanuel III (1741, 1742. 1750); the fifth in 1770 between Clement XIV and Charles Emmanuel III. Two were made with Spain, one in 1737 between Clement XII and Philip V, an- other in 1753 between Benedict XIV and King Ferdi- nand VI; one with the Two Sicilies in 1741, between Benedict XIV and Charles III ; one with the Duchy of Milan in 1757, between Benedict XIV and the Ern- press Maria Teresa; one with Milan and Mantua in 1784, between Pius VI and the Emperor Jo.seph II; one in 1778 with Portugal; and one with Poland in 1736 between Clement XII and King Augustus III.
Nineteenth Crnluri/. — The following were the most important concordats of the nineteenth century: (1) The Concordat of 1801, to which a special article is de- voted. (2) The concordat between Louis XVIII and Pius VII in 1817, intended to re-establish the Concor- dat of 1510, abrogate the Organic Articles, and re- erect the suppressed bishopries, but never carried out. (3) The Concordat of Bavaria in 1817, concluded for Pius VII and Maximilian Jo.seph by Cardin.al Con.salvi and Baron von Hoffelin. It dealt with the adminis- tration of church property, a new circumscription of dioceses, the erection of chapters, and especially nom- inations to ecclesiastical oflices. An addition made by the State, and bearing a rekation to the Bavarian con- cordat similar to that of the Organic Articles to the ( 'oncordat of 1 801 , gave ri.se to much dispute. In 1871 the Liberals tried in vain to have this concordat re-
