It is to concordats in this later sense that this article refers.
It is for this reason that concordats always present a clearly marked character of mutual concession, each of the two powers renouncing certain of its claims in the interests of peace.
Since concordats are contracts they give rise to that special mutual obligation which results from every agreement freely entered into; for a 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 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.
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.
106) onwards, and all jurists, have victoriously refuted this theory, either by insisting on the principles common to all agreements or by citing the formal 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.
On several occasions concordats have established a new division of dioceses, and provided that future erections or divisions should be made by a common accord.
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.
Certain concordats deal with the orders and congregations of monks and nuns with a view to subjecting them to a certain control while securing to them the legal exercise of their activities.
Scholars agree in associating the earliest concordats with the celebrated contest about investitures (q.v.), which so profoundly agitated Christian Europe in the 11th and 12th centuries.
In the 18th century concordats are numerous: there are two for Spain, in 1737 and 1753; two for the duchy of Milan, in 1757 and 1784; one for Poland, in 1736; five for Sardinia and Piedmont, in 1727, 1741, 1742, 1750 and 1770; and one for the kingdom of the Two Sicilies in 1741.
After the political and territorial upheavals which marked the end of the 18th century and the beginning of the 19th, all these concordats either fell to the ground or had to be recast.
In the 1 9th century we find a long series of concordats, of which a good number are still in force.
For Piedmont, completed in 1836 and 1841; was suppressed, like all other Italian concordats, by the formation of the kingdom of Italy.
It had to be replaced by new concordats concluded with Wurttemberg in 1857 and the grand-duchy of Baden in 1859; but these conventions, not having been ratified by those countries, never came into force.
The numerous concordats concluded towards the middle of the 19th century with several of the South American republics either have not come into force or have been denounced and replaced by a more or less pacific modus vivendi.
On the nature and obligation of concordats see Mgr.
For the French concordats see A.
Among other works, Constitutions de la nation francaise (1819); Appreciation du projet de loi relatif aux trois concordats (1806, 6th ed.
To conform to the decrees of the council, the new pope drew up a project of reform with the concurrence of the fathers still remaining at Constance, and subsequently made various reforming treaties or concordats with the nations of the council, which finally broke up after the 45th session, held on the 22nd of April 1418.
His foreign policy, entrusted at first to Della Somaglia and then to the more able Bernetti, moved in general along lines laid down by Consalvi; and he negotiated certain concordats very advantageous to the papacy.
By concluding concordats with all the important Catholic powers save Austria he made it possible to crush Jansenism, Febronianism and Gallicanism.
On the Spanish model concordats were arranged with various Central and South American republics, perhaps the most ironclad being that concluded with Ecuador in 1862 (abrogated 1878).
Among the more stable governments of Europe reaction in favour of conservatism and religion after 1848 was used by clerical parties to obtain concordats more systematic and thoroughgoing than had been concluded even after 1814.
The effects of concordats and bulls alike are tempered by the exercise by the civil power of certain traditional reserved rights, e.g.
Himself settled a great number of points, and then passed a series of special concordats with Germany, France, Italy, Spain and England.
For a list of the principal " concordats," see Calvo, Droit international theorique et pratique t.
Having made this remark, we must distinguish between the countries which are still subject to the system of concordats and other countries.
It is plain that the agreements under the concordats have a certain action upon a number of points in the canonical laws; and all these points go to constitute the local concordatory law.
As a matter of fact, however, the revolution caused by the secularization of the ecclesiastical states in 1803 practically put an end to the system, and the servitia have either been commuted via gratiae to a moderate fixed sum under particular concordats, or are the subject of separate negotiation with each bishop on his appointment.
The Roman Catholic Church, even when recognized as the state religion, is nowhere "established" in the sense of being identified with the state, but is rather an imperium in imperio which negotiates on equal terms with the state, the results being embodied in concordats (q.v.) between the state and the pope as head of the Church.
The concordats are of the nature of truces in the perennial conflict between the spiritual and secular powers, and imply in principle no surrender of the claims of the one to those of the other.