Pius IX, 1846-1878

41. To the civil power, even if exercised by an infidel ruler, belongs the indirect negative power over sacred things; and hence to the same belongs not only the right which is called exsequatur but also the right, as they call it, of appeal as from an abuse (9).

42. In a conflict between the laws of both powers, the civil law prevails (9).

43. The lay power has the authority of rescinding, of declaring and making void the solemn agreements (commonly, concordats) made with the Apostolic See concerning the use of rights pertaining to ecclesiastical immunity, without its consent and even against its protests (7, 23).

44. The civil authority can interfere in matters which pertain to religion, morals, and spiritual government. Hence, it can judge about the instructions which the pastors of the Church, in accordance with their duty, issue as a guide to consciences; nay even, it can make decrees concerning the administration of the divine sacraments and the dispositions necessary to receive them (7, 26).

45. The entire government of the public schools in which the youth of any Christian state is instructed, episcopal seminaries being excepted for some reason, can and should be assigned to the civil authority; and assigned in such a way, indeed, that for no other authority is the right recognized to interfere in the discipline of the schools, in the system of studies, in the conferring of degrees, in the choice or approval of teachers (7, 10).

46. Nay, even in the seminaries themselves for the clergy, the plan of studies to be followed is subject to the civil authority (18).

47. The best state of civil society demands that the peoples' schools which are open to all children of any class of people, and the public institutions in general which are destined for the teaching of literature and the more exact studies, and for caring for the education of youth, should be exempted from all authority, control, and power of the Church; and be subjected to the full authority of the civil and political power, exactly according to the pleasure of the rulers and the standard of current public opinion (31).

48. Catholic men can approve that method of instructing youth which has been divorced from Catholic Faith and the power of the Church, and which regards only, or at least primarily, the natural sciences and the purposes of social life on earth alone (31).

49. Civil authority can hinder bishops and the faithful people from freely and reciprocally communicating with the Roman Pontiff (26).

50. The lay authority has of itself the right of presenting bishops, and can compel them to enter upon the administration of their dioceses before they receive from the Holy See their canonical appointment and Apostolic Letters (18).