Background: The Catholic Church in Revolutionary France
During the French Revolution, the National Assembly had taken Church properties and issued the Civil Constitution of the Clergy, which made the Church a department of the state, effectively removing it from papal authority. At the time, the nationalized Gallican Church was the official church of France. Gallicanism was the theory that the power of monarchs is independent of the power of popes and that the church of each country should be under the joint control of the pope and the monarch but the doctrine of the Gallican Church was essentially Catholicism. The Civil Constitution caused hostility among the Vendée resurgents, who resented the harsh conditions imposed on the Roman Catholic Church by the provisions of the Civil Constitution and broke into open revolt after the Revolutionary government's imposition of military conscription. A guerrilla war, known as the Revolt in the Vendée, led at the outset by peasants who were chosen in each locale, cost more than 240,000 lives before it ended in 1796. Subsequent laws abolished the traditional Gregorian calendar and Christian holidays.
The Concordat of 1801
The Concordat was drawn up by a commission with three representatives from each party. Napoleon Bonaparte, who was First Consul of the French Republic at the time, appointed Joseph Bonaparte, his brother, Emmanuel Crétet, a counselor of state, and Étienne-Alexandre Bernier, a doctor in theology. Pope Pius VII appointed Cardinal Ercole Consalvi, Cardinal Giuseppe Spina, archbishop of Corinth, and his theological adviser, Father Carlo Francesco Maria Caselli. The French bishops, whether still abroad or returned to their own country, had no part in the negotiations.
The Concordat of 1801 was signed in Paris. It sought national reconciliation between revolutionaries and Catholics and solidified the Roman Catholic Church as the majority church of France, with most of its civil status restored. While the Concordat restored some ties to the papacy, it was largely in favor of the state. It wielded greater power of the state vis-à-vis the Pope than previous French regimes had and church lands lost during the Revolution were not returned. Napoleon understood the utility of religion as an important factor of social cohesion and his approach was utilitarian. He could now win favor with French Catholics while also controlling Rome in a political sense.
Napoleon looked for the recognition by the Church of the disposition of its property and geographical reorganization of bishoprics, while Rome sought the protection of Catholics and the recognition of a special status of the Catholic Church in the French State. The main terms of the Concordat included:
- A declaration that "Catholicism was the religion of the great majority of the French" but not the official state religion, thus maintaining religious freedom, in particular with respect to Protestants.
- The Church was to be free to exercise its worship in public in accordance with police regulations that the Government deems necessary for the public peace. The authority to determine if a public religious observance would violate the public peace, resided with each mayor who had the power to prohibit a public ceremony if he considered it a threat to peace his commune
- The Papacy had the right to depose bishops, but this made little difference, because the French government still nominated them. The state would pay clerical salaries and the clergy swore an oath of allegiance to the state.
- The Catholic Church gave up all its claims to Church lands that were confiscated after 1790.
- Sunday was reestablished as a "festival." The rest of the French Republican Calendar was not replaced by the traditional Gregorian Calendar until January 1, 1806.
Leaders of the Catholic Church taking the civil oath required by the Concordat of 1801, Henri Gourdon de Genouillac, Paris à travers les siècles, v. 4, Paris, F. Roy, 1881.
In the aftermath of signing the Concordat of 1801, the Catholic clergy returned from exile, or from hiding, and resumed their traditional positions in their traditional churches. Very few parishes continued the priests who had accepted the "Civil Constitution of the Clergy." Napoleon and the pope both found the Concordat useful. Similar arrangements were made with the Church in territories controlled by Napoleon, especially Italy and Germany.
Organic Articles
As a part of the Concordat, Napoleon presented another set of laws called the Organic Articles. The Articles consisted of 77 Articles relating to Catholicism and 44 Articles relating to Protestantism. They were published as a unilateral addition to the Concordat in 1802. Napoleon presented the set of laws to the Tribunate and the legislative body at the same time that he had them vote on the Concordat itself. It met with opposition from the Catholic Church with Pope Pius VII claiming that the articles had been promulgated without his knowledge. Presenting the Organic Articles was Napoleon’s method of granting the Tribunate and the legislative body partial control of the Concordat in order to help the state monitor any politically harmful Catholic or Protestant movements or activities.
Significance
The hostility of devout Catholics against the state was now largely resolved. The Concordat did not restore the vast church lands and endowments that had been seized upon during the revolution and sold off. Catholic clergy returned from exile, or from hiding, and resumed their traditional positions in their traditional churches. While the Concordat restored much power to the papacy, the balance of church-state relations tilted firmly in Napoleon's favor. He selected the bishops and supervised church finances. Similar arrangements were made with the Church in territories controlled by Napoleon, especially Italy and Germany. The Concordat was abrogated by the law of 1905 on the separation of Church and state. However, some provisions of the Concordat are still in effect in the Alsace-Lorraine region under the local law of Alsace-Moselle, as the region was controlled by the German Empire at the time of the 1905 law's passage.