Concordats de M. de
Pradt" (correspondence, XXX., 550). Lanfrey, "Histoire de Napoleon," V.,
214. (Along with the Vatican archives, there were brought to Paris the
tiara and other insignia or ornaments of Pontifical dignity.)]
[Footnote 5142: Senatus-consulte, Feb. 17, 1810.]
[Footnote 5143: Notes by Napoleon on "Les Quatre Concordats"
(Correspondence, XXX., 548).]
[Footnote 5144: Cf. Roman laws on the Collegia illicita, the first
source of which is the Roman conception of religion, the political and
practical use of augurs, auspices and sacred fowls.--It is interesting
to trace the long life and survivorship of this important idea from
antiquity down to the present day; it reappears in the Concordat and
in the Organic Articles of 1801, and still later in the late decrees
dissolving unauthorized communities and closing the convents of men.--
French jurists, and in particular Napoleon's jurists, are profoundly
imbued with the Roman idea. Portalis, in his exposition of the motives
for establishing metropolitan seminaries (March 14, 1804), supports the
decree with Roman law. "The Roman laws," he says, "place every thing
concerning the cult in the class of matters which belong essentially to
public rights."]
[Footnote 5145: Thibaudeau, p.152.]
[Footnote 5146: "Discours, rapports et travaux sur le Concordat de
1801," by Portalis, p.87 (on the Organic Articles), p.29 (on the
organization of cults). "The ministers of religion must not pretend to
share in or limit public power.... Religious affairs have always been
classed by the different national codes among matters belonging to the
upper police department of the State... The political magistrate may and
should intervene in everything which concerns the outward administration
of sacred matters.... In France, the government has always presided,
in a more or less direct way, over the direction of ecclesiastical
affairs."]
[Footnote 5147: "Discours, rapports, etc.," by Portalis, p. 31.--Ibid.,
p.143: "To sum up: The Church possesses only a purely spiritual
authority; the sovereigns, in their capacity of political magistrates,
regulate temporal and mixed questions with entire independence, and, as
protectors, they have even the right to see to the execution of
canons and to repress, even in spiritual matters, the infractions of
pontiffs."]
[Footnote 5148: Articles Organiques. 1st. Catholic cult, articles 3, 4,
23, 24, 35, 39, 44, 62. 2nd. Protestant cults, article
|