RELIGIOUS ENCYCLOPEDIA
Concordats and
Delimiting Bulls
It is evident in not a few passages that they also followed the outlines of the Austrian concordat in drawing up the paper. The Hessian agreement of Aus. 23, 1854 (cf. A. Sclunidt, Kirchenrechlsquellen des Grossherzogtums Hessen, Giessen, 1891, pp. 57 sqq.), did not satisfy the Curia, and was supplemented in 1856 by the desired amendments. The Wiirttemberg agreement was concluded directly with the Curia on Apr. 8, 1857 (Nussi, pp. 321 sqq.; cf. Friedberg, Gremen, ut sup., pp. 440-471; L. Golther, Der Staat und die katholische Kirche im Konigreich Wiirttemberg, Stuttgart, 1874; AKR, ii. 688 sqq.; iii. 444 sqq., 577 sqq.; iv. 307 sqq.; V. 202; vi. 398 sqq.). It was published by the pope in the bull Cum in sublimi, June 22; by King William I., Dec. 21, 1857, subject to the maintenance of state sovereignty rights, and with reservation of legislative approval for the points wherein the State's laws were affected. The Baden agreement was concluded with the same clauses, June 28, 1859, and pubHshed by the pope on Sept. 22 in the bull JUterni patris vicaria (Nussi, pp. 330 sqq.; cf. H. Maas, Geschichte der katholischen Kirche im Grossherzogtum Baden, Freiburg, 1891, pp. 229 sqq.). The agreement was .published by the government on Dec. 5, 1859. In Baden, and then in Wiirttemberg, the legislative bodies refused their approbation. Both governments thus found themselves obliged to announce to the Curia that they were not in a position to carry out their agreements, but must suffer them to lapse; whereupon, first in Baden, under several laws dated Oct. 9, 1860, then also in Wiirttemberg, under laws of Dec. 31, 1861, Jan. 23 and 30, 1862, the relation of the Roman Catholic Church to the State was regulated in a one-sided way. The same thing subsequently took place in Hesse-Darmstadt.
Austria, too, had promptly learned that the concessions of the concordat could not be maintained, and consequently made efforts as early as 1860, and again in 1863, to have it modified, but in vain. Owing to the outcome of the Diet of Princes at Frankfort in 1863, and to the result of the war of 1866, Austria's plans in relation to Germany were frustrated, and the government applied 8. Modifi- itself to the reorganization of internal cation and affairs. In the laws of Dec. 21, 1867, the A^^ °^ " Concerning the Common Rights of an Co'ifcorl Citizens " (§ xv.) it declared that dat, " every legally recognized church and
1867-70. religious association should independently regulate and administer its internal affairs " ; but " every association is to be subordinated to the State's laws as a whole." Herein it diverged from the concordat, and there followed a marriage law, a law respecting schools, and a law touching interconfessional relations, all three dated May 25, 1868; there were several subsequent decrees of like nature {AKR, XIX 459 sqq.). The pope forthwith protested against these laws through his Vienna nuncio, Falcinelli, and in an allocution of June 22, 1868, pronounced the entire array of Austrian constitutional laws as issued without the requisite competency, and " abhorrent " {leges abominales ; Mirbt, Qvdkn, p. 371). After the Vatican Council the
Austrian government formally retracted the concordat, on July 30, 1870 {AKR, xxiv. 284 sqq.), declaring in the accompanying despatch that the government had found itself constrained " to return to its perfect freedom of action, in order to be equipped against the eventual institution of the ecclesiastical power, such as it was to be construed by the terms of the decrees of the Vatican Council."
3. Italy: For the concordat of Sept. 16, 1803, between Napoleon and Pius Vll., see above, VI., 1, § 3. Other concordats with ItaUan states in the nineteenth century were made as follows: (1) Between Pius VII. and King Victor Emmanuel I. of Sardinia in the bull Beati Petrum apostolorum, July 17, 1817 (Bullarium Romanum, xiv. 344 sqq.; Nussi, pp. 155 sqq.). (2) Between Gregory XVI. and King Charles Albert of Sardinia, Aug. 23, 1836, and Mar. 27, 1841 (Nussi, pp. 245 sqq., 266 sqq.). (3) Between Pius VII. and King Ferdinand I. of Naples for the kingdom of the two SiciUes, concluded Feb. 16, 1818, published by the bull In supremo apostolicce, Mar. 5, and by law of Mar. 21, 1818 (Bullarium Romanum, xv. 7 sqq.; Nussi, pp. 178 sqq.). (4) Between Pius VII. and King Ferdinand II. of Naples, Apr. 16, 1834 (Nussi, pp. 254 sqq.). (5) Between Pius IX. and Leopold II., grand duke of Tuscany, Apr. 25, 1851 (Nussi, pp. 278 sqq.).
4. Other European States: For concordats with Spain in the nineteenth century see below, VII.
A concordat was concluded between Pedro V., king of Portugal, and Pius IX. in 1857 respecting Indian episcopal appointments (Nussi, pp. 318 sqq., 390-391). It was superseded under Leo XIII. by a concordat of June 23, 1886 {AKR, Iviii. 3 sqq.).
Gregory XVI. made a convention with Czar Nicholas I. of Russia, Aug. 3, 1847, with reference to Catholics of the Latin rite (Nussi, pp. 273 sqq.; AKR, vi. 170 sqq.). It was not carried out, and the same is true of a later concordat, Dec. 23, 1882 {AKR, xlix. 323 sqq.; 1. 352 sqq.; liii. 144).
A concordat was concluded with Montenegro, Oct. 18, 1886 {AKR, Iviii. 26 sqq.).
Leo XII. made a concordat with William I., king of Belgium, June 18, 1827 (Nussi, pp. 232 sqq.).
There was an understanding of Mar. 26, 1828, between Leo XII. and the Swiss cantons of Bern, Lucerne, Soleure, and Zug concerning the foundation of the bishopric of Basel (Nussi, pp. 242 sqq. for the history; cf. F. Fleiner, Staat und Bischofswahl im Bistum Basel, Leipsic, 1897). The understanding reached between Gregory XVI. and the Council of the canton of Saint Gall with reference to the founding of that diocese is dated Nov. 7, 1845 (Nussi, pp. 269 sqq.; cf. C. Gareis and P. Zorn, Staat und Kirche in der Schweiz, 2 vols., Zurich, 1877-78).
5. Central America: The ecclesiastical affairs of the Central American republics were regulated after their emancipation from the Spanish dominion by concordats modeled after the Spanish concordat of 1851 (see below, VII.). These concordats are substantially the same in contents (cf. F. Sentis, Die Konkordate des romischen Stuhles mit den Republiken Centralamerikas, in AKR, xii. 225-234), and were concluded with Pius IX. as follows: with Costa Rica under President Mora, Oct. 7, 1852, confirmed by the pope May 15, 1853 (Nussi, pp. 297-303); with Guatemala under General Carrera, Oct. 7, 1852, confirmed Aug. 3, 1853 (Nussi, pp. 303-310); with Nicaragua, Nov. 2, 1861, confirmed May 25, 1862 (Nussi, pp. 361-367); with San Salvador, Apr. 22, 1862, confirmed June 1, 1863 (Nussi, pp. 367-372); with Honduras, Apr. 22, 1862 (Nussi, p. 349).
6. South America: Agreements were made between Pius IX. and the president of Venezuela, July 26, 1862 (Nussi, pp. 356 sqq.); between the same pope and the president of Ecuador, Sept. 26, 1862, repealed 1878 (Nussi, pp. 349 sqq.; Mirbt, Quellen, pp. 365-366; AKR, xl. 321); between Leo XIII. and Colombia, Dec. 31, 1887 {AKR, Ixn., pp. 113-114).
A concordat was concluded between Pius IX. and the president of Haiti, Mar. 28, 1860 (Nussi, pp. 346 sqq.).
VII. Spanish Concordats : The compact of Pope Adrian VI. with Emperor Charles V., Sept. 6, 1523, accorded the latter a limited right of appointment to the archiepiscopal and episcopal churches of the
Concordats and Delimiting ^HE NEW SCHAFF-HERZOG 218 Concursus Divinus [Bulls
realm; by terms of an agreement with Clement VII., Dec. 14, 1529, he was allowed a perfectly free hand. The Concordia Facheneti, of Oct. 8, 1640, named after the nuncio of that time at Madrid, Cesare Facheneti, archbishop of Damiate, endeavored to rectify grievances which King Philip IV (1621-65) had set forth to the Curia in a memorial of Dec. 18, 1G34, on the subject of ecclesiastical disorders; and especiall}' concerning the nuncio's official conduct. When early in the eighteenth century, on account of the pope's attitude in the war of the Spanish Succession, things had come to a complete rupture between King PhUip V. (1700-46) and Clement XL, the difficulties of bringing about a reconciliation proved extraordinarily serious. The concordat concluded on June 17, 1717, continued unfulfilled notwithstanding ratification on both sides; nor did the bull of Innocent XIII., Aposto^ici ??nmstem, dated Mar. 13, 1723, prove a satisfactory substitute, though this buU, being acknowledged by royal decree and statutory legislation, and renewed by Benedict XIII., is classed among the Spanish concordats. The complete restoration of harmony with Rome did not ensue prior to the concordat of Sept. 26, 1737, which all in aU was very favorable to the See of Rome. In sharp contrast herewith stands the concordat concluded between Pope Benedict XIV. and King Ferdinand VI. of Spain, on Jan. 11, 1753 (Nussi, pp. 120 sqq.; P A. Kirsch, Das durch Papst Benedict XIV im Jahre 1573 mit Spanien abgeschlossene Konkordat, in AKR, Ixxx. 313-322), whereby the pope was compelled, against an indenmity of 1,300,000 scudi (about 6,500,000 francs), to grant royal patronage in toto, and be satisfied with the fact that he was allowed the bestowal of fifty-two benefices. This concordat remained in force until the conflicts which broke out after the death of Ferdinand VII., Sept. 29, 1833. When with a view to newly ordering the affairs of the Church a compact had been concluded on Apr. 27, 1845, French statecraft brought it about that the royal ratification was withheld. The proceedings led to no positive result before 1851. The concordat of Mar. 16, of that year, between Pius IX. and Queen Isabella II. comprises forty-six articles (Acta Pit IX., Rome, 1858, part i., 293-341; Nussi, pp. 2S1-297; Mirbt, Quellen, p. 361). The good understanding between the papacy and the Spanish kingdom was again disturbed not many years later, but an agreement was concluded at Rome, on Aug. 25, 1859, between Cardinal Antonelli and the Spanish envoy {AKR, vii. 391-399; Nussi, pp. 341- 345), which assumes the operation of the concordat of 1851, and seeks to supplement it in the matter of the endowment of public worship and the clergy. After the Cortes had approved on Nov. 7, 1859, there followed on the part of the queen and the pope the ratification of the concordat, Nov. 7 and 24 respectively, and its publication as law of the State Apr. 4, 1860. Pope Pius X. concluded a concordat with King Alphonso Xlll. concerning the religious orders, on June 19, 1904, which was legally confirmed by the Spanish Cortes June 23, 1904 {AKR, Ixxxv. 319 sqq.).
The concordats with Spain are treated romprehensivcly by Hergeurother, Spaniena Verhandlunuen mil dcm ro-
mischen Stuhle, in AKR. x. 1 45, 185-214; xi. 252-263, 307- 401; xii. 46-60, 385-430; xiii. 91-106, 393-444; xv. 170- 215. There is an anonymous Coleccion de los concordatos y demos convenios celebrados despuesdel Concilio Tridentino entre los reyes de Espana y la Santa Sede, Madrid, 1848.
Carl Mirbt.
Bibliography: References for particular concordats and special points have been given in the article. The work cited as " Nussi " is Vincentio Nussi, Conrentiones de rebus ecclesiasticis inter sanctam sedem el civilem potestatem variis formis initce ex collectione Romana (i.e., the Bullarium Romanum), Mainz, 1870; " Mirbt, Quellen " is Carl Mirbt, Quellen zur Geschichte des Fapsttums und des rdmischen Katholicismus, Tubingen, 1901; the edition of the Bullarium Romanum cited is that of A, Barberi, 19 vols., Rome, 1835-57; AKR, vol. i., Imsbruck, 1857, vol. Ixxxvii., Mainz, 1907. An additional collection of concordats is E. Miinch, Vollstdndige Sammlung alter alteren und neueren Konkordate, nebst einer Geschichte ihrer Entstehung und ihrer Schicksale, 2 parts, Leipsic, 1830-31. For general presentations cf. T. Balvy, Kirche und Staat in ihren Vereinbarungen auf dem Grunde des Kirchenrechts, Staatsrechts und V blkerrechts, Regensburg, 1881; B. Huebler, Zur Revision der Lehre von der rechtlichen Natur der Konkordate, in Zeitschrift fiir Kirchenrecht, iii (1864), iv (1864). The subject is treated by: N. P. S. Wiseman, Four Advent Lectures on Concordats, London, 1855; R. J. Pliillimore, Commentaries on International Law, 4 vols., ib. 1879-89. Also by J. L. von Mosheim, Institutes of Eccl. Hist., ed. W. Stubbs, ii. 225, 331, 376, ui. 536, 545, ib. 1863. Consult also Reich, Documents, pp. 162-163, 240, 448-452; the Concordat of ^Worms is translated in Thatcher and McNeal, Documents, pp. 164- 166.