THE NEW SCHAFF-HERZOG
the German Church during the so-called " neutrality " period.
Eugenius IV, believed he had made great concessions with all these grants. To guard against going too far he prepared a fifth bull, Decet Romani pontificis prudentiam (Raynaldus, Annales ecclesiastici, no. 7), Feb. 8, 1447, in which he explains that he had not intended to concede anything " that might be contrary to the doctrine of the Holy Fathers or that should tend to the prejudice of this Holy Apostolic See." After the promulgation of these bulls, the embassy formally accorded him obedience.
Eugenius IV died Feb. 23, 1447. His successor, Nicholas V., forthwith confirmed his predecessor's constitutions. He recognized the assemblage of German princes convoked at Aschaffenburg on July 13, 1447, by King Frederick III. Moreover, the stUl recalcitrant electors of Cologne, Treves, and the Palatinate acknowledged obe- 2. The dience to Nicholas V.; so that there Concordat concluded a treaty between
of Aschaf-
fenburg: or of Vienna,
the emperor in the name of the German nation and the cardinal legates, 1448. Feb. 14, 1448, which is known as the Concordat of Aschaffenburg, though it might be more correctly designated as Concordat of Vienna (Mirbt, Quellen, pp. 165-169). Its import has reference only to the constitution Ad tranquiUitatem of 1447, mentioned above, whose concessions are confirmed while the indemnity previously promised to the See of Rome is fulfilled by surrender of the Basel decrees as accepted at Mainz and provisionally ratified by Eugenius IV.; also by recurring in part almost literally to the second and third chapters of the Concordat of Constance in 1418. Through the text of the bull Ad sacram Petri sedem, Mar. 19, 1448, Nicholas Vpromulgated this Vienna treaty as law of the Church. The concordat was opposed at the start by various territorial sovereigns, but as these were promptly won over by favorable rulings, it soon gained such recognition that the Princes' Concordats were quite forgotten.
2. France: Eang Charles VII. of France managed to secure for his country the reformatory decrees published at Basel in 1438 with the modifications demanded by French interests, by means of the so-called Pragmatic Sanction of Bourges, July 7, 1438 (Ordonnances des rois de France de la troisibme race, vol. xiii., ed. Vilevault and Br6quigny, Paris, 1782, p. 267; Mirbt, Quellen, pp. 160-161; see Pragmatic Sanction). The Curia never recognized it, and repeatedly pronounced it null and void (Eugenius IV., 1439; Pius II., 1459; Sixtus IV., 1471). Charles nevertheless remained firm, and appealed in particular against the declaration of 1459 to a general council in the year following. His successor, Louis XI. (1461-83), repealed the Pragmatic Sanction in 1461; but when he found that his political ends were not advanced to the degree desired by this means, he did not maintain his decision against the opposition of Parliament. Between this acceptance and non-acceptance of the Pragmatic Sanction there naturally ensued a vacillating practise. At the council convened by Pope Julius II. (1512) and continued as the Fifth Lateran Council by Leo X. the Sanction was again declared null and void (Mirbt, Quellen, p. 178). Hereupon, after a per-
sonal conference at Bologna, Dec. 11, 1515, and after prolonged negotiations extending into Aug., 1516, a concordat was concluded between King Francis I. and Pope Leo X. It was signed by Francis on Aug. 18, 1516, and was adopted by the Lateran Council on Dec. 19 of the same year. Notwithstanding opposition of the Parliament and the University of Paris, the king carried this concordat through as law of the land. It is mainly identical with the German concordats of 1447 and 1448, including the subsequent concessions to German territorial sovereigns (Nussi, pp. 20 sqq.).
For the concordat of Nicholas V with Savoy, 1451, cf. Hefele, Komiliengeschichte, vii. 846 sqq.
For the agreements of Emperor Charles V. with Popes Adrian VI. and Clement VII., 1523 and 1529, see below, VII.
IV. The Seventeenth Century: As belonging to the seventeenth century, Nussi (pp. 39—40) sets forth a treaty between Ferdinand II. and Urban VIII., in 1630, wherein the pope cedes to the emperor as king of Bohemia all ecclesiastical rights that were alienated there in the bygone " heretical times," and any church estates that still rested in private hands, in return for the concession of a tax on salt to be paid to the Church.
For the Spanish concordat of 1640 see below, VII.
V. The Eighteenth Century : In the eighteenth century not a few concordats were concluded, consistently with the evolution of the absolute State and the alterations thence resulting with respect to the relations of Church and State. The contracts thus brought about fell to the several countries as follows:
Sardinia: The treaties between Pope Benedict XIII. and King Victor Amadeus, Mar. 24 and May 29, 1727 (Nussi, pp. 48 sqq.; 54 sqq.). The treaties between Pope Benedict XIV and King Charles Emmanuel III., 1741 (Nussi, pp. 69 sqq.), 1742 (Nussi, pp. 98 sqq.), 1750 (Nussi, pp. 117 sqq.), and 1770 (Nussi, pp. 132 sqq.).
Sicily: Convention between Pope Benedict XIV. and King Charles III., 1741 (Nussi, pp. 72 sqq.; secret articles to this convention, pp. 377 sqq.).
Milan: Concordat between Pope Benedict XIV and Empress Maria Theresa with reference to the duchy of Milan, 1757 (Nussi, pp. 128 sqq.); between Pope Pius VI. and Emperor Joseph II. as duke of Milan and Mantua, 1784 (Nussi, pp. 138 sqq.).
Poland: Convention between Cardinal Paulutius, in the name of the Apostolic See, and King Augustus and the Commonwealth of Poland, 1736, confirmed by Pope Clement XII. (Nussi, pp. 64 sqq.).
Portugal: Concordat between Pope Pius VI. and Queen Maria of Portugal, 1778 (Nussi, pp. 136 sqq.).
For Spanish concordats of the eighteenth century see below, VII.
VI. The Nineteenth Century. — 1. France: First
and foremost among the concordats of the nineteenth century — which is preeminently the time of concordats — stands the French concordat of 1801. It evokes peculiar interest both on account of its antecedent history and by reason of its influence upon the conclusion of concordats in Germany during the following decades. Like most of its successors, it was called forth by the perturbations which the French Revolution had occasioned in relation to the Church, and was intended, as far as possible, to surmount them. Napoleon had become First Consul on Dec. 25, 1799. Pius 1. The VII. was chosen pope on Mar. 14, Concordat 1800, was enthroned on Mar. 24, and of 1801. on July 3 was able to enter Rome.
On June 19 Napoleon opened negotiations with the pope through Cardinal Martiniana, bishop of Vercelli, with reference to restoring the status of the Church in France. After an ex-