Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

CONCORDAT (Lat. concordatum, agreed u...

Online Encyclopedia
Originally appearing in Volume V06, Page 834 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

CONCORDAT (See also:Lat. concordatum, agreed upon, from See also:con-, together, and See also:cor, See also:heart)  , a See also:term originally denoting an agreement between ecclesiastical persons or See also:secular persons, but later applied to a pact concluded between the ecclesiastical authority and the secular authority on ecclesiastical matters which concern both, and, more specially, to a pact concluded between the See also:pope, as See also:head of the See also:Catholic See also:Church, and a temporal See also:sovereign for the regulation of ecclesiastical affairs in the territory of such sovereign . It is to concordats in this later sense that this See also:article refers . No one now questions the profound distinction that exists between the two See also:powers, spiritual and temporal, between the church and the See also:state . Yet these two See also:societies are none the less in inevitable relation . The same men go to compose both; and the church, albeit pursuing a spiritual end, cannot dispense with the aid of temporal See also:property, which in its nature depends on the organization of secular society . It follows of See also:necessity that there are some matters which may be called " mixed," and which are the legitimate concern of the two powers, such as church property, places of See also:worship, the See also:appointment and the emoluments of ecclesiastical dignitaries, the temporal rights and privileges of the secular and See also:regular See also:clergy, the regulation of public worship, and the like . The existence of such mixed matters gives rise to inevitable conflicts of See also:jurisdiction, which may See also:lead, and sometimes have led, to See also:civil See also:war . It is, therefore, to the See also:general See also:interest that all these matters should be settled pacifically, by a See also:common See also:accord; and hence originated those conventions between the two powers which are known by the significant name of See also:concordat, the See also:official name being pactum concordatum or solemnis conventio . In theory these agreements may result from the spontaneous and pacific initiative of the contracting parties, but in reality their See also:object has almost always been to terminate more or less acute conflicts and remedy more or less disturbed situations . It is for this See also:reason that concordats always See also:present a clearly marked See also:character of mutual concession, each of the two powers renouncing certain of its claims in the interests of See also:peace . For the purposes of a concordat the state recognizes the official status of the church and of its ministers and tribunals; guarantees it certain privileges; and sometimes binds itself to secure for it subsidies representing See also:compensation for past spoliations . The pope on his See also:side grants the temporal sovereign certain rights, such as that of making or controlling the appointment of dignitaries; engages to proceed in See also:harmony with the See also:government in the creation of dioceses or parishes; and regularizes the situation produced by the usurpation of church property &c .

The. See also:

great See also:advantage of concordats—indeed their See also:principal utility—consists in transforming necessarily unequal unilateral claims into contractual obligations analogous to those which result from an See also:international See also:convention . Whatever the obligations of the state towards the ecclesiastical society may be in pure theory, in practice they become more precise and See also:stable when they assume the nature of a bilateral convention by which the state engages itself with regard to a third party . And reciprocally, whatever may be the See also:absolute rights of the ecclesiastical society over the appointment of its dignitaries, the See also:administration of its property, and the government of its adherents, the exercise of these rights is limited and restricted by the stable engagements and concessions of the concordatory pact, which bind the head of the church with regard to the nations . A concordat may assume See also:divers forms,—historically, three . The most common in See also:modern times is that of a See also:diplomatic convention debated between the authorized mandatories of the high contracting parties and subsequently ratified by the latter; as, for example, the See also:French concordat of 18o1 . Or, secondly, the concordat may result from two identical See also:separate acts, one emanating from the pope and the other from the sovereign; this was the See also:form of the first true concordat, that of See also:Worms, in 1122 . A third form was employed in the See also:case of the concordat of 1516 between See also:Leo X. and See also:Francis I. of See also:France; a papal See also:bull published the concordat in the form of a concession by the pope, and it was afterwards accepted and published by the See also:king as See also:law of the See also:country . The shades which distinguish these three forms are not without significance, but they in no way detract from the contractual character of concordats . Since concordats are contracts they give rise to that See also:special mutual See also:obligation which results from every agreement freely entered into; for a See also:contract is binding on both parties to it . Concordats are undoubtedly conventions of a particular nature . They may make certain concessions or privileges once given without any corresponding obligation; they constitute for a given country a special ecclesiastical law; and it is thus that writers have sometimes spoken of concordats as privileges . Again, it is quite certain that the spiritual matters upon which concordats See also:bear do not concern the two powers in the same manner and in the same degree; and in this sense concordats are not perfectly equal agreements .

Finally, they do not assume the contracting parties to be totally See also:

independent, i.e. regard is had to the existence of anterior rights or duties . But with these reservations it must unhesitatingly be said that concordats are bilateral or synallagmatic contracts, from which results an equal mutual obligation for the two parties, who enter into a juridical engagement towards each other . Latterly certain Catholics have questioned this equality of the concordatory obligation, and have aroused keen discussion . According to See also:Maurice de See also:Bonald (Deux questions sur le concordat de i8or, See also:Geneva, 1871), who exaggerates the view of See also:Cardinal Tarquini (Instil. See also:juris publ. eccl., 1862 and 1868), concordats would be pure privileges granted by the pope; the pope would not be able to enter into agreements on spiritual matters or impose •estraints upon the See also:power of his successors; and consequently he would not bind himself in any juridical sense and would be able freely to revoke concordats, just as the author of a See also:privilege can withdraw it at his See also:pleasure . This exaggerated See also:argument found a certain number of supporters, several of whom nevertheless sensibly weakened it . But the best canonists, from the See also:Roman See also:professor De Angelis (Prael. juris See also:canon. i . 166) onwards, and all jurists, have victoriously refuted this theory, either by insisting on the principles common to all agreements or by citing the formal See also:text of several concordats and papal acts, which are as explicit as possible . They have thus upheld the true contractual nature of concordats and the mutual juridical obligation which results from them . The foregoing statements must not be taken to mean that concordats are in their nature perpetual, and that they cannot be broken or denounced . They have the See also:perpetuity of conventions which contain no See also:time See also:limitation; but, like every human convention, they can be denounced, in the form in use for international See also:treaties, and for See also:good reasons, which are summed up in the exigencies of the general good of the country . Nevertheless, there is no example of a concordat having been denounced or broken by the popes, whereas several have been denounced or broken by the civil powers, sometimes in the least diplomatic manner, as in the case of the French concordat in 1905 . The rupture of the concordat at once terminates the obligations which resulted from it on both sides; but it does not break off all relation between the church and the state, since the two societies continue to coexist on the same territory .

To the situation defined by concordat, however, succeeds another situation, more or less uncertain and more or less strained, in which the two powers legislate separately on mixed matters, sometimes not without provoking conflicts . We cannot describe in detail the See also:

objects of concordatory conventions . They bear upon very varied matters,' and we must confine ourselves here to a brief resume . In the first See also:place is the official recognition by the state of the Catholic See also:religion 1 These are arranged under See also:thirty-five distinct heads in Nussi's Qu+nquaginta conventions de See also:rebus ecclesiasticis (See also:Rome, 1869) . VI, 27and its ministers . Sometimes the Catholic religion is declared to be the state religion, and at least the See also:free and public exercise of its worship is guaranteed . Several conventions See also:guarantee the free communication of the bishops, clergy and laity with the See also:Holy See; and this admits of the publication and See also:execution of apostolic letters in matters spiritual . Others define those affairs of See also:major importance which may be or must be referred to the Holy See by See also:appeal, or the decision of which is reserved to the Holy See . On several occasions concordats have established a new See also:division of dioceses, and provided that future erections or divisions should be made by a common accord . Analogous provisions have been made with regard to the territorial divisions within the dioceses; parishes have been recast, and the consent of the two authorities has been required for the See also:establishment of new parishes . As regards candidates for ecclesiastical offices, the concordats concluded with Catholic nations regularly give the sovereign the right to nominate or present to bishoprics, often also to other inferior benefices, such as canonries, important parishes and abbeys; or at least the choice of the ecclesiastical authority is submitted to the approval of the civil power . In all cases canonical institution (which confers ecclesiastical jurisdiction) is reserved to the pope or the bishops .

In countries where the head of the state is not a Catholic, the bishops are regularly elected by the chapters, but the civil power has the right to strike out objectionable names from the See also:

list of candidates which is previously submitted to it . Other conventions secure the exercise of the jurisdiction of the bishops in their See also:diocese, and determine precisely their authority over seminaries and other ecclesiastical establishments of instruction and See also:education, as well as over public See also:schools, so far as concerns the teaching of religion . Certain concordats See also:deal with the orders and congregations of monks and nuns with a view to subjecting them to a certain See also:control while securing to them the legal exercise of their activities . Ecclesiastical immunities, such as See also:reservation of the criminal cases of the clergy, exemption from military service and other privileges, are expressly maintained in a certam number of pacts . One of the most important subjects is that of church property . An agreement is come to as to the conditions on which pious See also:foundations are able to be made; the measure in which church property shall contribute to the public expenses is indicated; and, in the 19th See also:century, the position of those who have acquired confiscated church property is regularized . In See also:exchange for this surrender by the church of its See also:ancient property the state engages to contribute to the subsistence of the ministers of public worship, or at least of certain of them . Scholars agree in associating the earliest concordats with the celebrated contest about investitures (q.v.), which so profoundly agitated See also:Christian See also:Europe in the See also:rath and 12th centuries . The first in date is that which was concluded for See also:England with See also:Henry I. in 1107 by the efforts of St See also:Anselm . The convention of See also:Sutri of rill between Pope See also:Paschal II. and the See also:emperor Henry V. having been rejected, negotiations were resumed by Pope See also:Calixtus II. and ended in the concordat of Worms (1122), which was confirmed in 1177 by the convention between See also:Alexander III. and the emperor See also:Frederick I . In this concordat a distinction was made between spiritual See also:investiture, by the See also:ring and See also:pastoral See also:staff, and See also:lay or feudal investiture, by the See also:sceptre . The emperor renounced investiture by ring and staff, and permitted canonical elections; the pope on his See also:part recognized the king's right to perform lay investiture and to assist at elections .

Analogous to this convention was the concordat concluded between See also:

Nicholas IV. and the king of See also:Portugal in 1289 . The lengthy discussions on ecclesiastical benefices in See also:Germany ended finally in the concordat of See also:Vienna, promulgated by Nicholas V. in 1448 . Already at the See also:council of See also:Constance attempts had been made to reduce the excessive papal reservations and taxes in the See also:matter of benefices, privileges which had been established under the See also:Avignon popes and during the Great See also:Schism; for example, See also:Martin V. had had to make with the different nations special arrangements which were valid for five years only, and by which he renounced the revenues of vacant benefices . The council of See also:Basel went further: it suppressed II See also:annates and all the See also:benefice reservations which did not appear in the Corpus Juris . See also:Eugenius IV. repudiated the Basel decrees, and the negotiations terminated in what was called the " concordat of the princes," which was accepted by Eugenius IV. on his See also:death-See also:bed (bulls of See also:February 5 and 7, 1447) . In February 1448 Nicholas V. concluded the arrangement,which took the name of the concordat of Vienna . This concordat, however, was not received as law of the See also:Empire . In Germany the concessions made to the pope and the reservations maintained by him in the matter of taxes and benefices were deemed excessive, and the prolonged discontent which resulted was one of the causes of the success of the Lutheran See also:Reformation . In France the opposition to the papal exactions had been still more marked . In 1438 the Pragmatic See also:Sanction of See also:Bourges adopted and put into practice the Basel decrees, and in spite of the incessant protests of the Holy See the Pragmatic was observed throughout the 15th century, even after its nominal abolition by See also:Louis XI. in 1461 . The situation was modified by the concordat of See also:Bologna, which was personally negotiated by Leo X. and Francis I. of France at Bologna in See also:December 1515, inserted in the bull Primitiva (See also:August 18, 1516), and promulgated as law of the See also:realm in 1517, but not without rousing keen opposition . All bishoprics, abbeys and priories were in the royal nomination, the canonical institution belonging to the pope .

Phoenix-squares

The pope pre-served the right to nominate to vacant benefices in See also:

curia and to certain benefices of the chapters, but all the others were in the nomination of the bishops or other inferior collators . However, the exercise of the pope's right of See also:provision still See also:left considerable See also:scope for papal intervention, and the pope retained the annates . In the 17th century we have only to mention the concordat between See also:Urban VIII. and the emperor See also:Ferdinand II. for Bohemia in 164o . In the 18th century concordats are numerous: there are two for See also:Spain; in 1737 and 1753; two for the duchy of See also:Milan, in 1757 and 1784; one for See also:Poland, in 1736; five for See also:Sardinia and See also:Piedmont, in 1727, 1741, 1742, 1750 and 1770; and one for the See also:kingdom of the Two Sicilies in 1741 . After the See also:political and territorial upheavals which marked the end of the 18th century and the beginning of the ,9th, all these concordats either See also:fell to the ground or had to be recast . In the 19th century we find a See also:long See also:series of concordats, of which a good number are still in force . The first in date and importance is that of 18o,, concluded for France between See also:Napoleon, First See also:Consul, and See also:Pius VII. after laborious negotiations . See also:Save in the provisions See also:relating to ecclesiastical benefices, all the property of which had been confiscated, it reproduced the concordat of 1516 . The pope condoned those who had acquired church property; and by way of compensation the government engaged to give the bishops and See also:cures suitable salaries . The concordat was solemnly promulgated on See also:Easter See also:Day 1802, but the government had added to it unilateral provisions of Gallican tendencies, which were known as the Organic Articles . After having been the law of the Church of France for a century, it was denounced by the French government in 1905 . It remains, however, partly in force for See also:Belgium and See also:Alsace-See also:Lorraine, which formed part of French territory in ,8o, .

We conclude with a brief See also:

chronological survey of the concordats during the 19th century, some now abrogated or replaced, others maintained . It must be observed that the denunciation of a concordat by a nation does not necessarily See also:entail the separation of the church and the state in that country or the rupture of diplomatic relations with Rome . 1803 . For the See also:Italian See also:republic, between Napoleon and Pius VII., analogous to the French concordat; abrogated . 1813 . It is impossible to designate as a concordat the concessions which were wrested by violence from Pius VII. when See also:ill and in seclusion at See also:Fontainebleau, and which he at once retracted . 1817 . For See also:Bavaria; still in force . 1817 . New French concordat, in which Louis XVIII. endeavoured to revive the concordat of 1516; but it was not put to the See also:vote in the See also:chambers, and never came into force . 1817 . For Piedmont, completed in 1836 and 1841; wassuppressed, like all other Italian concordats, by the formation of the kingdom of See also:Italy .

1818 . For the Two Sicilies, completed in 1834i lasted until the invasion of the kingdom of See also:

Naples by Piedmont . 1821 . For See also:Prussia; still in force . 1821 . For the See also:Rhine provinces not incorporated in Prussia, with the special object of regulating episcopal elections; concerned See also:Wurttemberg, See also:Baden, See also:Hesse, See also:Saxony, See also:Nassau, See also:Frankfort, the Hanseatic towns, See also:Oldenburg and Waldeck . This first concordat was immediately suspended, and was not ratified until 1827; it is partially maintained . It had to be replaced by new concordats concluded with Wurttemberg in 1857 and the See also:grand-duchy pf Baden in 1859; but these conventions, not having been ratified by those countries, never came into force . 1824 . For the kingdom of See also:Hanover; maintained . 1827 . For Belgium and See also:Holland; abandoned by a common accord .

1828 and 1845 . For See also:

Switzerland, for the reorganization of the bishoprics of Basel and See also:Soleure; in force . 1847 . For See also:Russia, never applied by Russia . It was followed by several partial conventions . 1851 . For See also:Tuscany; lasted until the formation of the kingdom of Italy . 1851 . For Spain, completed in 1859 and 1888; in force . A convention on the religious orders was concluded in 1904, but had not received the assent of the See also:Senate in 1908 . 1855 . For See also:Austria; denounced in 187o .

Several of its provisions are maintained by unilateral See also:

Austrian See also:laws . The emperor of Austria continues to nominate to bishoprics by virtue of rights anterior to this concordat . 1857 . For Portugal, completed in 1886 for the Portuguese possessions in the Indies; in force . 1886 . For See also:Montenegro; in force . The numerous concordats concluded towards the See also:middle of the l9th century with several of the See also:South See also:American republics either have not come into force or have been denounced and replaced by a more or less pacific modus vivendi . For texts see Vincenzio Nussi, Quinquaginta conventiones de rebus ecdesiasticis (Rome, 1869; See also:Mainz, 1870) ; Branden, Concordata inter S . Sedem et inclytam nationem Germaniae, &c . (undated) . On the nature and obligation of concordats see Mgr . Giobbio, I Concordats (See also:Monza, 190o) ; idem, Lezioni di diplonaazia ecclesiastica (Rome, 1899—1903) ; Cardinal Cavagnis, Institutions juris publici ecclesiastici (Rome, 1906) .

For the French concordats see A . Baudrillard, Quatre cents ans de concordat (See also:

Paris, 1905) Boulay de la Meurthe, Documents sur la negotiation du concordat et sur See also:les autres rapports de la France avec le See also:Saint-See also:Siege (Paris, 1891–1905) ; Cardinal Mathieu, Le Concordat de 18o1 (Paris, 19o3); E . Sevestre, Le Concordat de 18o1, l'histoire, le texte, la destine (Paris, 1905) . On the relations between the church and the state in various countries see Vering, Kirchenrecht, §§ 3o-53 . (A .

End of Article: CONCORDAT (Lat. concordatum, agreed upon, from con-, together, and cor, heart)
[back]
CONCORDANCE (Late Lat. concordantia, harmony, from ...
[next]
CONCORDIA

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click and select "copy." Paste it into a website, email, or other HTML document.