Page:Encyclopædia Britannica, Ninth Edition, v. 6.djvu/270

242 CONCORDAT end the French occupation of the Papal States which had begun iu the intervention of 1849, and had been continuous from 1864. By the Italian statute of guarantees (13th May 1871) personal inviolability and the honours of a sovereign are secured to the Pope. He has also a large income and several residences, and a private postal and telegraphic service ; and he is allowed to receive diplomatic agents from foreign states. The same statute gives com plete freedom to the church, but deprives it of coercive jurisdiction. The royal Placet is relinquished as unne cessary, but a stringent penal law (7th June 1871) is directed against seditious words, writings, or acts of the clergy. In the empire the earliest concordat is the Con- cordatum Calixtinutn of 1122, between Henry V. and Pope Calixtus II. The benefits of the Basel Decrees were in great measure lost by the concordat entered into in 1448 between Frederick III. and Nicholas V. The politi cal position of the Pope was much altered by the Treaty of Westphalia, which, without his consent, and even against his protests, conceded the right to certain nations of freely exercising the Protestant religion. Early in the 18th century the cause of the national church in Austria, and of the immediate divine right of Episcopacy, was placed on solid foundations of learning and argument by the writings of Van Espen (Jus ecclesiasticum universum hodiernal discipline?, Cologne, 1702; Tractatus de promulyatione legum ecclesiasticarum). The abuses of the permanent Nuntiatura, maintained by the Pope, called forth the Punctation of the four archbishops who met at Ems, 25th August 1786. Joseph II. had already carried out large reforms, but these episcopal resolutions recommended still further changes in the "Recursus ad Principem," or prohibition of appeals to Rome, the power of dispensation and of granting faculties, the administration of conventual property and charitable funds, the reservation of benefices and their transmission by inheritance, the exaction of annates and pallium money, &c. Under the decrees of Joseph II. in 1781, no Papal Bulls or rescripts were allowed to be published, except such as had received the Placitum Regium, and had been effected through the intervention of the imperial and royal agency at Rome. In 1850, however, both the bishops and the faithful under their charge were allowed to have recourse to the Pope in spiritual matters, and to receive the decisions of his Holiness without the previous consent of the secular authorities. With the exception of the three archbishop rics of Olmiitz, Salzburg, and Breslau, where the archbishop is elected by the chapter, the practice was, on a bishopric becoming vacant, for the emperor to propose three candidates from whom the Pope selects one a selection subsequently ratified by the emperor. The same decree of 1850, proceeding on the anti-revolutionary imperial patent of 4th March 1849 ( 2), permits Catholic bishops to issue admonitions and ordinances, without consent of the civil power, to decree ecclesiastical punish ments which do not affect purely civil rights, to suspend and remove from ecclesiastical office, and to declare emolu ments forfeited, and to control education in primary and intermediate schools and in the universities. This arrange ment was sealed by the concordat of 18th August 1855 (printed fully in Times, 20th November 1855), which, however, was repealed by the series of Church Acts passed by Prince Auersperg in 1874, in imitation of the Falk legislation of Prussia. The relations of Belgium with Rome were of course at one time determined by the decree of the French National Assembly (1791), and the concordat between Pius VII. and Napoleon (1801). On 18th June 1827, William I, Protestant king of the Netherlands, entered into a concordat with Pope Leo XII., which confirmed and extended the provisions of the earlier concordat relating to the institu tion of bishops by letters apostolic. The power which the Crown then reserved of striking out objectionable names from the list of candidates prepared by the chapter was entirely -renounced by the 16th Article of the Belgian Constitution of 1830, which declares that the -state has no fight to interfere with the nomination or installation of any religious ministers, or to prevent them from corre sponding with their superiors or from publishing their Acts, But then the Government has this indirect control, that all the salaries of the Catholic clergy are voted in the annual budget, and do not belong to the church. The concordat of 1827 was never in force in Holland, where the fundamental law of 1848 ( 65) declares that no Dutch man can accept titles without the permission of the king, and where public opinion has prevented the creation of Catholic bishops. Spain, although the most Catholic of powers, has, at least since the accession of the Austrian dynasty, zealously defended its national church rights against the Pope. In 1568, Philip II. claimed as royal prerogative the right to present to all Spanish bishoprics, and created a Board, "Supremo Consejo de la Camara," to preserve the royal jurisdiction, to protect the canons, and to watch over the external policy in ecclesiastical matters. The Pope having sided with Austria in the Succession War, the breach between Spain and Rome widened during the 18th century. The principles that no causes should be carried before a judge outside the kingdom, that benefices should be con ferred only on natives, that sovereigns are not subject to interdict or spiritual censure, that all Bulls should, before publication, be subject to the royal Cedula, were loudly and angrily proclaimed ; and in 1805 the king attacked the secret influences of the Curia by directing that all applications to Rome for grants and dispensation should receive the Visto Bueno of the royal agent at Rome. The estrangement continued in the 19th century, when till 1848 the Pope refused to recognize the succession of Isabella II. under the Pragmatic Sanction of 1830. From 1753 to 1851, matters had stood on a concordat which the eminent statesman, De Carbajal, persuaded Ferdinand VI. to negotiate with Clement XII. It gave the king the right of presentation to vacant bishoprics (patronatos) / and to the Pope 22,000,000 reales as compensation for the loss of annates and fees on briefs. The concordats of 1851 and 1859 are more favourable to Rome; but the attempt of Canovas del Castillo and the Cardinal Simeoni to procure a recognition of the 1851 concordat, in 1875, was defeated by General Jovellar. In non-Roman Catholic states, of course, no valid concor dat could be framed. Accordingly, as in the cases of Prussia (1821) and Hanover (1824), edicts relating to the adjustment of dioceses, or other matte s not purely spiritual, were issued by the Pope under the name of Bullce Circumscriptionis. These were formally sanctioned by the Home Government, and directed to be printed in the col lection of laws. The most important sources of information on this subject are the reports presented to Parliament in 1816 and 1851, on the " Regu lation of Roman Catholic Subjects in Foreign Countries," which have been summarized in the 2d volume of Sir R. Phillimore a Commentaries on International Law. The works of Van Espen and the Enchiridion Juris Ecclesiastici of George Rechberger (1809) are standard works. The French concordats have been elaborately dis cussed by M. de Pradt, at one time archbishop of Malines, in Les Quatres Concordats, 3 vols., Brussels, 1815, and Suite des Quatre Concordats, 1 vol., Paris, 1820. The works of the eminent jurist Portalis, who took an active part in the discussion of the latttt French concordats, may also be consulted, Discours, Rapports, ct Travaux incdits sur le Concordat de 1801, les Articles Organiyues,

&c. (W. C. S.)