THIRD DIVISION. (Continued.) (continued 8)

§ 191.2. Baader and his School.―Catholic theology for a long time paid no regard to the development of German philosophy. Only after Schelling, whose philosophy had many points of contact with the Catholic doctrine, a general interest in such studies was awakened as forming a speculative basis for Catholicism. To the theosophy of Schelling based on that of the Görlitz shoemaker (§ 160, 2), Francis von Baader, professor of speculative dogmatics at Munich, though not a professional theologian, but a physician and a mineralogist, attached himself. In his later years he went over completely to ultramontanism. His scholar Franz Hoffmann of Würzburg has given an exposition of Baader’s speculative system. At Giessen this system was represented by Leop. Schmid (§ 187, 3). All the Catholic adherents of this school are distinguished by their friendly attitude toward Protestantism.

§ 191.3. Günther and his School.―A theology of at least equal speculative power and of more decidedly Catholic contents than that of Baader, was set forth by the secular priest Anton Günther of Vienna, a profound and original thinker of combative humour, sprightly wit, and a roughness of expression sometimes verging upon the burlesque. He recognised the necessity of going up in philosophical and theological speculation to Descartes, who held by the scholastic dualism of God and the creature, the Absolute and the finite, spirit and nature, while all philosophy, according to him, had been ever plunging deeper into pantheistic monism. Thence he sought to solve the two problems of Christian speculation, creation and incarnation, and undertook a war of extermination against “all monism and semimonism, idealistic and realistic pantheism, disguised and avowed semipantheism,” among Catholics and Protestants. His first great work, “Vorschule zur Spekul. Theologie,” published in 1828, treating of the theory of creation and the theory of incarnation, was followed by a long series of similar works. His most eminent scholars were Pabst, doctor of medicine in Vienna, who gave clear expositions of his master’s dark and aphoristic sayings, and Veith, who popularized his teachings in sermons and practical treatises. Some of the Hermesians, such as Baltzer of Breslau, entered the rank of his scholars. The historico-political papers, however, charged him with denying the mysteries of Christianity, rejecting the traditional theology, etc., and Clemens, a privatdocent of philosophy in Bonn, became the mouthpiece of this party. Thus arose a passionate controversy, which called forth the attention of Rome. We might have expected Günther to meet the fate of Hermes twenty years before; but the matter was kept long under consideration, for strong influence from Vienna was brought to bear on his behalf. At last in January, 1857, the formal reprobation of the Güntherian philosophy was announced, and all his works put in the Index. Günther humbly submitted to the sentence of the church. So too did Baltzer. But being suspected at Rome, he was asked voluntarily to resign. This Baltzer refused to do. Then Prince-Bishop Förster called upon the government to deprive him; and when this failed, he withdrew from him the missio canonica and a third of his canonical revenues, and in 1870, on his opposing the infallibility dogma, he withheld the other two-thirds. His salary from the State continued to be paid in full till his death in A.D. 1871.

§ 191.4. John Adam Möhler.―None of all the Catholic theologians of recent times attained the importance and influence of Möhler in his short life of forty-two years. Stimulated to seek higher scientific culture by the study mainly of Schleiermacher’s works and those of other Protestants, and putting all his rich endowments at the service of the church, he won for himself among Catholics a position like that of Schleiermacher among Protestants. His first treatise of 1825, on the unity of the church, was followed by his “Athanasius the Great,” and the work of his life, the “Symbolics” of 1832, in its ninth edition in 1884, which with the apparatus of Protestant science combats the Protestant church doctrine and presented the Catholic doctrine in such an ennobled and sublimated form, that Rome at first seriously thought of placing it in the Index. Hitherto Protestants had utterly ignored the productions of Catholic theology, but to overlook a scientific masterpiece like this would be a confession of their own weakness. And in fact, during the whole course of the controversy between the two churches, no writing from the Catholic camp ever caused such commotion among the Protestants as this. The ablest Protestant replies are those of Nitsch [Nitzsch] and Baur. In 1835 Möhler left Tübingen for Munich; but sickness hindered his scientific labours, and, in 1838, in the full bloom of manhood, the Catholic church and Catholic science had to mourn his death. He can scarcely be said to have formed a school; but by writings, addresses, and conversation he produced a scientific ferment in the Catholic theology of Germany, which continued to work until at last completely displaced by the scholasticism reintroduced into favour by the Jesuits.

§ 191.5. John Jos. Ignat. von Döllinger.―Of all Catholic theologians in Germany, alongside of and after Möhler, by far the most famous on either side of the Alps was the church historian Döllinger, professor at Munich since 1826. His first important work issued in that same year was on the “Doctrine of the Eucharist in the First Three Centuries.” His comprehensive work, “The History of the Christian Church,” of 1833 (4 vols., London, 1840), was not carried beyond the second volume; and his “Text-book of Church History” of 1836, was only carried down to the Reformation. The tone of his writings was strictly ecclesiastical, yet without condoning the moral faults of the popes and hierarchy. Great excitement was produced by his treatise on “The Reformation,” in which he gathered everything that could be found unfavourable to the Reformers and their work, and thus gained the summit of renown as a miracle of erudition and a master of Catholic orthodoxy. Meanwhile in 1838 he had taken part in controversies about mixed marriages (§ 193, 1), and in 1843 over the genuflection question (§ 195, 2), with severely hierarchical pamphlets. As delegate of the university since 1845 he defended with brilliant eloquence in the Bavarian chamber the measures of the ultramontane government and the hierarchy, became in 1847 Provost of St. Cajetan, but was also in the same year involved in the overthrow of the Abel ministry, and was deprived of his professorship. In the following year he was one of the most distinguished of the Catholic section in the Frankfort parliament, where he fought successfully in the hierarchical interest for the unconditional freedom and independence of the church. King Maximilian II. restored him to his professorship in 1849. From this time his views of confessional matters became milder and more moderate. He first caused great offence to his ultramontane admirers at Easter, 1861, when he in a series of public lectures delivered one on the Papal States then threatened, in which he declared that the temporal power of the pope, the abuses of which he had witnessed during a journey to Rome in 1857, was by no means necessary for the Catholic church, but was rather hurtful. The papal nuncio, who was present, ostentatiously left the meeting, and the ultramontanes were beside themselves with astonishment, horror, and wrath. Döllinger gave some modifying explanations at the autumn assembly of the Catholic Union at Munich in 1861. But soon thereafter appeared his work, “The Church and the Churches” (London, 1862), which gave the lecture slightly modified as an appendix. The “Fables respecting the Popes of the Middle Ages” (London, 1871), was as little to the taste of the ultramontanes. Indeed in these writings, especially in the first named, the polemic against the Protestant Church had all its old bitterness; but he is at least more just toward Luther, whom he characterizes as “the most powerful man of the people, the most popular character, which Germany ever possessed.” And while he delivers a glowing panegyric on the person of the pope, he lashes unrelentingly the misgovernment of the Papal States. At the Congress of Scholars at Munich he contended for the freedom of science. Döllinger as president of the congress sent the pope a telegram which satisfied his holiness. But the Jesuits looked deeper, and immediately “il povero Döllinger” was loaded by the Civiltà Cattolica with every conceivable reproach. In A.D. 1868 nominated to the life office of imperial councillor, he voted with the bishops against the liberal education scheme of the government. But his battle against the council and infallibility made the rent incurable, and his angry archbishop hurled against him the great excommunication. Then Vienna made him doctor of philosophy, Marburg, Oxford, and Edinburgh gave him LL.D., and the senate of his university unanimously elected him rector in 1871. But his tabooed lecture room became more and more deserted. He took no prominent part in the organizing of the Old Catholic church (§ 190, 1), but all the more eagerly did he seek to promote its union negotiations (§ 175, 6).

§ 191.6. The Chief Representatives of Systematic Theology.―Klee, A.D. 1800-1840, of Bonn and Munich, was a positivist of the old school, and during the Hermesian controversy a supporter of the theology of the curia. Hirscher, 1788-1865, of Freiburg, numbered by the liberals as one of their ornaments and by the fanatical ultramontanes as a heretic, did much to promote a conciliatory and moderate Catholicism, equally free from ultramontane and rationalistic tendencies, abandoning nothing essential in the Catholic doctrine. Hilgers, the Hermesian, afterwards joined the Old Catholics of Bonn. Staudenmaier and Sengler of Freiburg and Berlage of Münster held a distinguished rank as speculative theologians. In the same department, Kuhn and Drey of Tübingen, Ehrlich of Prague, Deutinger of Dillingen, a disciple of Schelling and Baader, and as such persecuted, though a pious believing Catholic, Oischinger of Munich, who in despair at the proclamation of the Vatican decree suddenly stopped his fruitful literary activity, Dieringer of Bonn, who for the same reason not only ceased to write but also in 1871 resigned his professorship and retired to a small country pastorate, and finally, Hettinger of Würzburg, best known by his “Apologie d. Christenthums.”―While the above-named, though suspected and opposed by the scholastic party, strove to preserve intact their ecclesiastical Catholic character, other representatives of this tendency by their struggles against scholasticism and then against the Vatican Council, were driven away from their orthodox position. Thus Frohschammer of Munich, when his treatise on “The Origin of the Soul,” in which he supported the theory of Generationism in opposition to the Catholic doctrine of creationism, and other works were placed in the Index, asked for a revision on the ground that he taught nothing contrary to Catholic doctrine. He was stripped of all his clerical functions, and students were prohibited attending his lectures. He protested, and his rooms were more crowded than ever. Subsequently, however, repudiated even by the Old Catholics, he drifted more and more, not only from the church, but even from belief in revelation. Against Strauss’ last work he wrote a tract in which he sought to prove that “the old faith is indeed untenable,” but that also “the new science” cannot take its place, that a “new faith” must be introduced by going back to the Christianity of Christ. Michelis, a man of wide culture in the department of natural science and philology, as well as theology and philosophy, had in his earlier position as professor in Paderborn, Münster, and Braunsberg, supported by word and pen a strictly ecclesiastical tendency; but the Vatican Council made him one of the first and most zealous leaders of the Old Catholic movement. His most important work is his “Catholic Dogmatics,” of 1881, in which the Old Catholic conception of Christianity is represented as the purified higher unity of the Protestant and Vatican systems of doctrine.

§ 191.7. The Chief Representatives of Historical Theology.―The first place after Möhler and Döllinger belongs to Möhler’s scholar Hefele, from 1840 professor at Tübingen and from 1869 Bishop of Rottenburg, distinguished by the liberal spirit of his researches. His treatises on the Honorius controversy made him one of the most dangerous opponents of the infallibility dogma, to which, however, he at last submitted (§ 189, 4). His most important work is the “History of the Councils.” Hase criticised the second edition of the work, severely but not without sufficient grounds, by saying that in it “the bishop chokes the scholar.” Werner of Vienna is a prolific writer in the department of the history of theological literature; while Bach of Munich and the Dominican Denifle have written on the mediæval mystics, the latter also on the universities of the Middle Ages. Hergenröther of Würzburg, by his monograph on “Photius and the Greek Schism,” written in the interests of his party, and by his polemic against the anti-Vatican movement, and specially by his “Handbook of Church History,” rendered such service to the papacy and the papal church, that Leo XIII. in 1879 made him a cardinal and librarian of the Vatican, with the task of reorganizing the library.―Among the Old Catholics, Friedrich of Munich, besides his historical account of the Vatican Council, had written on Wessel, Huss, and the church history of Germany. Huber of Munich, whose “Philosophy of the Church Fathers” of 1859 was put in the Index, while his much more liberal work on Erigena of 1861 passed without censure, in later years wrote an exhaustive account of the Jesuit order and a critical reply to Strauss’ “Old and New Faith.” Pichler of Munich, by his conscientious research and criticism, drew down upon him the papal censure, and his book on the “History of the Division of the Eastern and Western Churches” had the honour of being placed in the Index. His later studies and writings estranged him more and more from Romanism, inspired him with the idea of a national German church, and fostered in him a love for the Protestantenverein movement; but his unbridled bibliomania while assistant in the Royal Library of St. Petersburg in 1871, brought his public career to a sad and shameful end. The Old Catholic Professor Langen of Bonn, wrote a four-volume work against the Vatican dogma, discussed the “Trinitarian Doctrinal Differences between the Eastern and Western Churches,” in the interests of a union with the Greek church, and published an able monograph on “John of Damascus,” as well as a thorough and impartial “History of the Roman Church down to Nicholas I.,” two vols., 1881, 1885.―In Rome the Oratorian Aug. Theiner atoned for the literary errors of his youth (§ 187, 4) by his zealous vindication of papal privileges. His chief works were the continuation of the “Annales Ecclesiastici” of Baronius, and the editing of the historical documents of the various Christian nations. The Jesuits charged him with giving the anti-Vaticanists aid from the library and sought to influence the pope against him so as to deprive him of his office of prefect of the Vatican archives. He was suspended from his duties, and though he still retained his title and occupied his official residence in the Vatican, the doors from it into the library were built up. His edition of the “Acts of the Council of Trent,” which was commenced, was also prohibited. But he succeeded in making a transcript at Agram in Croatia, where in 1874 a portion of it, the official protocol of the secretary of the Council, Massarelli, was printed by the help of Bishop Strossmayer in an elegant style but abbreviated, and therefore unsatisfactory. Cardinal Angelo Mai, as principal Vatican librarian, distinguished himself by his palimpsest studies in old classical as well as patristic literature. And quite worthy of ranking with either in carefulness, diligence, and patience was De Rossi, who has laboured in the department of Christian archæology, and is well known by his great work, “Roma sotteranea cristiana,” published in 1864 ff.―Xavier Kraus, when his “Handbook” had been adversely criticised, hastened to Rome, submitted all his utterances to the judgment of the pope, and proclaimed on his return that in the next edition he would explain what had been misunderstood and withdraw what was objected to. The question now rises, whether the more recent work of Xav. Funk can escape a similar censure.

Among Catholic writers on canon lay the most notable are Walters of Bonn, Phillips of Vienna, Von Schulte of Prague and Bonn, who till the Vatican Council was one of the most zealous advocates of the strict Catholic tendency, since then openly on the side of the opposition, a keen supporter, and by word and pen a vigorous promoter, of the Old Catholic movement, and Vering of Prague, who occupies the ultramontane Vatican standpoint.

§ 191.8. The Chief Representatives of Exegetical Theology.―Hug of Freiburg, in his “Introduction,” occupies the biblical but ecclesiastically latitudinarian attitude of Jahn. Leaving dogma unattacked and so himself unattacked, Mövers of Breslau, best known by his work on the Phœnicians, a Richard Simon of his age, developed a subtlety of destructive criticism of the canon and history of the Old Testament which astonished even the father of Protestant criticism, De Wette. Kaulen of Bonn wrote an “Introduction to the Old and New Testament,” in a fairly scientific spirit from the Vatican standpoint; while Maier of Freiburg, wrote an introduction to the New Testament and commentaries on some New Testament books.―The Old Catholic Reusch of Bonn wrote “Introduction to the Old Testament,” and “Nature and the Bible” (2 vols., Edin., 1886). Sepp of Munich, silent since 1867, began his literary career with a “Life of Christ,” a “History of the Apostles,” etc., in the spirit of the romantic mystical school of Görres. His “Sketch of Church Reform, beginning with a Revision of the Bible Canon,” caused considerable excitement. With humble submission to the judgment of his church, he demanded a correction of the Tridentine decrees on Scripture in accordance with the results of modern science, but the only response was the inclusion of his book in the Index.

§ 191.9. The Chief Representatives of the New Scholasticism.―The official and most masterly representative of this school for the whole Catholic world was the Jesuit Perrone, 1794-1876, professor of dogmatics of the Collegium Romanum, the most widely read of the Catholic polemical writers, but not worthy to tie the shoes of Bellarmin [Bellarmine], Bossuet, and Möhler. In his “Prælectiones Theologicæ,” nine vols., which has run through thirty-six editions, without knowing a word of German, he displayed the grossest ignorance along with unparalleled arrogance in his treatment of Protestant doctrine, history, and personalities (§ 175, 2). The German Jesuit Kleutgen who, under Pius IX., was the oracle of the Vatican in reference to German affairs, introduced the new Roman scholasticism by his work “Die Theologie der Vorzeit,” into the German episcopal seminaries, whose teachers were mostly trained in the Collegium Germanicum at Rome. Alongside of Perrone and Kleutgen, in the domain of morals, the Jesuit Gury holds the first place, reproducing in his works the whole abomination of probabilism, reservatio mentalis, and the old Jesuit casuistry (§ 149, 10), with the usual lasciviousness in questions affecting the sexes. Among theologians of this tendency in German universities we mention next Denzinger of Würzburg, who seeks in his works “to lead dogmatics back from the aberrations of modern philosophic speculations into the paths of the old schools.” His zealous opposition to Güntherism did much to secure its emphatic condemnation.

§ 191.10. The Munich Congress of Catholic Scholars, 1863.―In order if possible to heal the daily widening cleft between the scientific university theologians and the scholastic theologians of the seminaries, and bring about a mutual understanding and friendly co-operation between all the theological faculties, Döllinger and his colleague Haneberg summoned a congress at Munich, which was attended by about a hundred Catholic scholars, mostly theologians. After high mass, accompanied with the recitation of the Tridentine creed, the four days’ conference began with a brilliant presidential address by Döllinger “On the Past and Present of Catholic Theology.” The liberal views therein enunciated occasioned violent and animated debates, to which, however, it was readily admitted as a religious duty that all scientific discussions and investigations should yield to the dogmatic claims of the infallible authority of the church, as thereby the true freedom of science can in no way be prejudiced. A telegraphic report to the pope drawn up in this spirit by Döllinger was responded to in a similar manner on the same day with the apostolic blessing. But after the proceedings in extenso had become known, a papal brief was issued which burdened the permission to hold further yearly assemblies with such conditions as must have made them utterly fruitless. They were indeed acquiesced in with a bad grace at the second and last congress at Würzburg in 1864, but the whole scheme was thus brought to an end.

§ 191.11. Theological Journals.―The most severely scientific journal of this century is the Tübingen Theol. Quartalschrift, which, however, since the Vatican Council has been struggling to maintain a neutral position between the extremes of the Old and the New Catholicism. In order if possible to displace it the Jesuits Wieser and Stenstrup of Innsbruck [Innsbrück] started in 1877 their Zeitschrift für Kath. Theologie. The ably conducted Theol. Litteraturblatt, started in 1866 by Prof. Reusch of Bonn, had to be abandoned in 1878, after raising the standard of Old Catholicism.

§ 191.12. The Popes and Theological Science.―What kind of theology Pius IX. wished to have taught is shown by his proclaiming St. Liguori (§ 165, 2) and St. Francis de Sales (§ 157, 1) doctores ecclesiæ. Leo XIII., on the other hand, in 1879 recommended in the encyclical Æterni patris, in the most urgent way, all Catholic schools to make the philosophy of the angelical Aquinas (§ 103, 6) their foundation, founded in 1880 an “Academy of St. Thomas Aquinas,” three out of its thirty members being Germans, Kleutgen, Stöckl, and Morgott, and gave 300,000 lire out of Peter’s pence for an edition of Aquinas’ works with the commentaries of “the most eminent expositors,” setting aside “all those books which, while professing to be derived from St. Thomas are really drawn from foreign and unholy sources;” i.e., in accordance with the desires of the Jesuits, omitting the strictly Thomist expositors (§ 149, 13), and giving currency only to Jesuit interpretations. No wonder that the Jesuit General Beckx in such circumstances submitted himself “humbly,” being praised for this by the pope as a saint. But a much greater, indeed a really great, service to the documentary examination of the history of the Christian church and state has been rendered by the same pope, undoubtedly at the instigation of Cardinal Hergenröther, by the access granted not only to Catholic but also to Protestant investigators to the exceedingly rich treasures of the Vatican archives. Though still hedged round with considerable limitations, the concession seems liberality itself as compared with the stubborn refusal of Pius IX. to facilitate the studies of any inquirer. With honest pride the pope could inscribe on his bust placed in the library: “Leo XIII. Pont. Max. historiæ studiis consulens tabularii arcana reclusit a 1880.”―But what the ends were which he had in view and what the hopes that he cherished is seen from the rescript of August, 1883, in which he calls upon the cardinals De Luca, Pitra, and Hergenröther, as prefects of the committee of studies, of the library and archives, while proclaiming the great benefits which the papacy has secured to Italy, to do their utmost to overthrow “the lies uttered by the sects” on the history of the church, especially in reference to the papacy, for, he adds, “we desire that at last once more the truth should prevail.” Therefore archives and library are to be opened to pious and learned students “for the service of religion and science in order that the historical untruths of the enemies of the church which have found entrance even into the schoolbooks should be displaced by the composition of good writings.” The firstfruits of the zeal thus stimulated were the “Monunenta ref. Lutheranæ ex tabulariis S. Sedis,” Ratisbon, 1883, published by the assistant keeper of the archives P. Balan as an extinguisher to the Luther Jubilee of that year. But this performance came so far short of the wishes and expectations of the Roman zealots that by their influence the editor was removed from his official position. The next attempt of this sort was the edition by Hergenröther of the papal Regesta down to Leo X.

IV. Relation of Church to the Empire and to the States.

§ 192. The German Confederation.

The Peace of Luneville of 1801 gave the deathblow to the old German empire, by the formal cession of the left bank of the Rhine to France, indemnifying the secular princes who were losers by this arrangement with estates and possessions on the right of the Rhine, taken from the neutral free cities of the empire and the secularized ecclesiastical principalities, institutions, monasteries, and orders. An imperial commission sitting at Regensburg arranged the details of these indemnifications. They were given expression to by means of the imperial commission’s decree or recess of 1803. The dissolution of the constitution of the German empire thus effected was still further carried out by the Peace of Presburg of 1805, which conferred upon the princes of Bavaria, Württemberg, and Baden, in league with Napoleon, full sovereignty, and to the two first named the rank of kings, and was completed by the founding of the Confederation of the Rhine of 1806, in which sixteen German princes formally severed themselves from the emperor and empire and ranked themselves as vassals of France under the protectorate of Napoleon. Francis II., who already in 1804 had assumed the title of Emperor of Austria as Francis I., now that the German empire had actually ceased to exist, renounced also the name of German emperor. The unhappy proceedings of the Vienna Congress of the German Confederation and its permanent representation in the Frankfort parliament during 1814 and 1815, after Napoleon’s twice repeated defeat, led finally to the Austro-Prussian war of 1866.

§ 192.1. The Imperial Commission’s Decree, 1803.―The significance of this for church history consists not merely in the secularization of the ecclesiastical principalities and corporations, but even still more in the alteration caused thereby in the ecclesiastical polity of the territorial governments. With the ecclesiastical principalities the most powerful props of the Catholic church in Germany were lost, and Protestantism obtained a decided ascendency in the council of the German princes. The Catholic prelates were now simply paid servants of the state, and thus their double connexion with the curia and the state brought with it in later times endless entanglements and complications. On the other hand, in states hitherto almost exclusively Protestant, e.g. Württemberg, Baden, Hesse, there was a great increase of Catholic subjects, which attracted but little serious attention when the confessional particularism in the consciousness of the age was more unassuming and tolerant than ever it has been before or since.

§ 192.2. The Prince-Primate of the Confederation of the Rhine.―Baron Carl Theod. von Dalberg, distinguished for his literary culture and his liberal patronage of art and science, was made in 1802 Elector of Mainz and Lord High Chancellor of the German empire. When by the recess of 1803 the territories of the electorate on the left of the Rhine were given over to France and those on the right secularized, the electoral rank was abolished. The same happened with respect to the lord high chancellorship through the creation of the Rhenish Confederation. Dalberg was indemnified for the former by the favour of Napoleon by the gift of a small territory on the right of the Rhine, and for the latter by the renewal of the prince-primacy of the Confederation of the Rhine with a seat in the Federal council. He still retained his episcopal office and fixed its seat at Regensburg. The founding of a metropolitan chapter at Regensburg embracing the whole domain of the Rhenish Confederation he did not succeed in carrying out, and in 1813 he felt compelled to surrender also his territorial possessions. His spiritual functions, however, as Archbishop of Regensburg, he continued to discharge until his death in 1817.

§ 192.3. The Vienna Congress and the Concordat.―The Vienna Congress of 1814, 1815, had assigned it the difficult task of righting the sorely disturbed political affairs of Europe and giving a new shape to the territorial and dynastic relations. But never had an indispensably necessary redistribution of territory been made more difficult or more complicated by diplomatic intrigues than in Germany. Instead of the earlier federation of states, the restoration of which proved impossible, the federal constitution of June 8th, 1815, created under the name of the German Confederation a union of states in which all members of the confederation as such exercised equal sovereign rights. Their number then amounted to thirty-eight, but in the course of time by death or withdrawal were reduced to thirty-four. The new distribution of territory, just as little as the Luneville Peace, took into account confessional homogeneity of princes and territories, so that the combination of Catholic and Protestant districts with the above referred to consequences, occurred in a yet larger measure. But the federal constitution secured in Article XVI. full toleration for all Christian confessions in the countries of the confederation. The claims of the Romish curia, which advanced from the demand for the restoration of all ecclesiastical principalities and the return of all impropriated churches and monasteries to their original purposes, to the demand for the restoration of the holy Roman-German empire in the mediæval and hierarchical sense, as well as the solemn protest against its conclusions laid upon the table of the congress by the papal legate Consalvi, were left quite unheeded. But also a proposal urgently pressed by the vicar-general of the diocese of Constance, Baron von Wessenberg (§ 187, 3), to found a German Catholic national church under a German primate found no favour with the congress; and an article recommended by Austria and Prussia to be incorporated in the acts of the confederation by which the Catholic church in Germany endeavoured to secure a common constitution under guarantee of the confederation, was rejected through the opposition of Bavaria. And since in the Frankfort parliament neither Wessenberg with his primacy and national church idea nor Consalvi with a comprehensive concordat answering to the wishes of the curia, was able to carry through a measure, it was left to the separate states interested to make separate concordats with the pope. Bavaria concluded a concordat in 1817 (§ 195, 1); Prussia in 1821 (§ 193, 1). Negotiations with the other German states fell through owing to the excessiveness of the demands of the hierarchy, or led to very unsatisfactory results, as in Hanover in 1824 (§ 194, 1) and the states belonging to the ecclesiastical province of the Upper Rhine in 1837 (§ 196, 1). In the time of reaction against the revolutionary excesses of 1848 the curia first secured any real advance. Hesse-Darmstadt opened the list in 1854 with a secret convention (§ 196, 4); then Austria followed in 1855 with a model concordat (§ 198, 2) which served as the pattern for the concordats with Württemberg in 1857 (§ 196, 6), and with Baden in 1859 (§ 196, 2), as well as for the episcopal convention with Nassau in 1861 (§ 196, 4). But the revived liberal current of 1860 swept away the South German concordats; the Vatican Council by its infallibility dogma gave the deathblow to that of Austria, and the German “Kulturkampf” sent the Prussian concordat to the winds, and only that of Bavaria remained in full force.

§ 192.4. The Frankfort Parliament and the Würzburg Bishops’ Congress of 1848.―As in the March diets of 1848 the magic word “freedom” roused through Germany a feverish excitement, it found a ready response among the Catholics, whose church was favoured in the highest degree by the movement. In the Frankfort parliament the ablest leaders of Catholic Germany had seats. Among the Catholic population there were numerous religio-political societies formed (§ 186, 3), and the German bishops, avowedly for the celebration of the 600th anniversary of the building of Cologne cathedral, set alongside of the Frankfort people’s parliament a German bishops’ council. After they had at Frankfort declared themselves in favour of unconditional liberty of faith, conscience, and worship, the complete independence of all religious societies in the ordering and administering of their affairs, but also of freeing the schools from all ecclesiastical control and oversight, as well as of the introduction of obligatory civil marriage, the bishops’ council met in October at Würzburg under the presidency of Archbishop Geissel of Cologne with nineteen episcopal assistants and several able theological advisers. In thirty-six sessions they reached the conclusion that complete separation between church and state is not to be desired so long as the state does not refuse to the church the place of authority belonging to it. On the other hand, by all means in their power they are to seek the abrogation of the placet of the sovereign, the full independence of ecclesiastical legislation, administration and jurisdiction, with the abolition of the appellatio tanquam ab abusu, the direction and oversight of the public schools as well as the control of religious instruction in higher schools to be given only by teachers licensed for the purpose by the bishops, and finally to demand permission to erect educational institutions of their own of every kind, etc., and to forward a copy of these decisions to all German governments. The main object of the Würzburg assembly to secure currency for their resolutions in the new Germany sketched out at the Frankfort parliament, was indeed frustrated by that parliament’s speedy overthrow. Nevertheless in the several states concerned it proved of great and lasting importance in determining the subsequent unanimous proceedings of the bishops.

§ 193. Prussia.

To the pious king Frederick William III. (1797-1840) it was a matter of heart and conscience to turn to account the religious consciousness of his people, re-awakened by God’s gracious help during the war of independence, for the healing of the three hundred years’ rent in the evangelical church by a union of the two evangelical confessions. The jubilee festival of the Reformation in 1817 seemed to him to offer the most favourable occasion. The king also desired to see the Catholic church in his dominions restored to an orderly and thriving condition, and for this end concluded a concordat with Rome in 1821. But it was broken up in 1836 over a strife between canon and civil law in reference to mixed marriages. Frederick William IV. was dominated by romantic ideas, and his reign (1840-1858), notwithstanding all his evangelical Christian decidedness, was wanting in the necessary firmness and energetic consistency. In the Catholic church the Jesuits were allowed unhindered to foster ultramontane hierarchical principles, and in the evangelical church the troubles about constitution, union, and confession could not be surmounted either by its own proper guardian, the episcopate, or by the superior church councils created in 1850. And although the notifications of William I. on his entrance upon the sole government in 1858 were hailed by the liberals as giving assurance that a new era had dawned in the development of the evangelical national church, this hope proved to be premature. With the exaltation of the victory-crowned royal house of Prussia to the throne of the newly erected German Empire on January 18th, 1871, a new era was actually opened for ecclesiastical developments and modifications throughout the land.

§ 193.1. The Catholic Church to the Close of the Cologne Conflict.―The government of Frederick William III. entered into negotiations with the papal curia, not so much for the old provinces in which everything was going well, but rather in the interests of the Rhine provinces annexed in 1814, whose bishops’ sees were vacant or in need of circumscription. The first Prussian ambassador to the Roman curia (1816-1823) was the famous historian Niebuhr. Although a true Protestant and keen critic and restorer of the history of old pagan Rome he was no match for the subtle and skilful diplomacy of Consalvi. In presence of the claims of the curia he manifested to an almost incredible extent trustful sympathy and acquiescence, even taking to do with matters that lay outside of Prussian affairs, eagerly silencing and opposing any considerations suggested from the other side. A complete concordat, however, defining in detail all the relations between church and state was not secured, but in 1821 an agreement was come to, with thankful acknowledgment of the “great magnanimity and goodness” shown by the king, by the bull De salute animarum, sanctioned by the king through a cabinet order (“in the exercise of his royal prerogative and without detriment to these rights”), according to which two archbishoprics, Cologne and Posen, and six bishoprics, Treves, Münster, Paderborn, Breslau, Kulm, and Ermeland, with a clerical seminary, were erected in Prussia and furnished with rich endowments. The cathedral chapter was to have the free choice of the bishop; but by an annexed note it was recommended to make sure in every such election that the one so chosen would be a grata persona to the king. The union thus effected between church and state was of but short duration. The decree of Trent forbade Catholics to enter into mixed marriages with non-Catholics. A later papal bull of 1741, however, permitted it on condition of an only passive assistance of the clergy at the wedding and an engagement by the parents to train up the children as Catholics. The law of Prussia, on the other hand, in contested cases made all the children follow the religion of their fathers. As this was held in 1825 to apply to the Rhine provinces, and as the bishops there had, in 1828, appealed to the pope, Pius VIII. when negotiations with the Prussian ambassador Bunsen (1824-1838) proved fruitless, issued in 1830 a brief which permitted Catholic priests to give the ecclesiastical sanction to mixed marriages only when a promise was given that the children should be educated as Catholics, but otherwise to give only passive assistance. When all remonstrances failed to overcome the obstinacy of the curia, the government turned to the Archbishop of Cologne, Count Spiegel, a zealous friend and promoter of the Hermesian theology (§ 191, 1), and arranged in 1834 a secret convention with him, which by his influence all his suffragans joined. In it they promised to give such an interpretation to the brief that its observance would be limited to teaching and exhortation, but would by no means extend to the obligation of submitting the children to Catholic baptism, and that the mere assistentia passiva would be resorted to as rarely as possible, and only in cases where absolutely required. Spiegel died in November, 1835. In 1836 the Westphalian Baron Clement Droste von Vischering was chosen as his successor. Although before his elevation he had unhesitatingly agreed to the convention, soon after his enthronization he strictly forbad all the clergy celebrating any marriage except in accordance with the brief, and blamed himself for having believed the agreement between convention and brief affirmed by the government, and having only subsequently on closer examination discovered the disagreement between the two. At the same time, in order to give effect to the condemnation that had been meanwhile passed on the Hermesian theology, he gave orders that at the confessional the Bonn students should be forbidden to attend the lectures of Hermesians. When the archbishop could not be prevailed on to yield, he was condemned in 1837 as having broken his word and having incited to rebellion, and sent to the fortress of Minden. Gregory XIV. addressed to the consistory a fulminating allocution, and a flood of controversial tracts on either side swept over Germany. Görres designated the archbishop “the Athanasius of the nineteenth century.” The government issued a state paper justifying its procedure, and the courts of law sentenced certain refractory priests to several years’ confinement in fortresses or prisons. The moderate peaceful tone of the cathedral chapter did much to quell the disturbance, supporting as it did the state rather than the archbishop. The example of Cologne encouraged also Dunin, Archbishop of Gnesen and Posen, to issue in 1838 a pastoral in which he threatened with suspension any priest in his diocese who would not yield unconditional obedience to the papal brief. For this he was deposed by the civil courts and sentenced to half a year’s imprisonment in a fortress, but the king prevented the execution of the sentence. But Dunin fled from Berlin, whither he had been ordered by the king, to Posen, and was then brought in 1839 to the fortress of Kolberg. While matters were in this state Frederick William IV. came to the throne in 1840. Dunin was immediately restored, after promising to maintain the peace. Droste also was released from his confinement with public marks of respect, but received in 1841, with his own and the pope’s approval, in the former Bishop of Spires, Geissel, a coadjutor, who in his name and with the right of succession administered the diocese. The government gave no aid to the Hermesians. The law in regard to mixed marriages continued indeed in force, but was exercised so as to put no constraint of conscience upon the Catholic clergy. Of his own accord the king declined further exercise of the royal prerogative, allowing the bishops direct intercourse with the papal see, whereas previously all correspondence had to pass through royal committees, with this proviso by the minister Eichhorn, “that this display of generous confidence be not abused,” and with the expectation that the bishops would not only communicate to the government the contents of their correspondence with the pope, but also the papal replies which did not deal exclusively with doctrine, and would not speak and act against the wish and will of the government. But Geissel, recommended by Louis of Bavaria to his son-in-law Frederick William IV. instead of Baron von Diepenbrock (§ 187, 1) who was first thought of, by his skilful and energetic manœuvring, going on from victory to victory, raised ultramontanism in Prussia to the very summit of its influence and glory.

§ 193.2. The Golden Age of Prussian Ultramontanism, 1841-1871.―In the Cologne-Posen conflict Rome had won an almost complete victory, and with all its satellites now thought only of how it might in the best possible manner turn this victory to account, in which the all too trustful government sought to aid it to the utmost. This movement received a further impulse in the revolution of 1848 (§ 192, 4). In Prussia as well as in other German lands, and there in a special degree, the Catholic church managed to derive from the revolutionary movements of those times, and from the subsequent reaction, substantial advantage. The constitution of 1850 declared in Article xv.: “The evangelical and the Roman Catholic Church as well as every other religious society regulates and administers its affairs independently;” in Article xvi.: “The correspondence of religious societies with their superiors is unrestricted, the publication of ecclesiastical ordinances is subject only to those limitations which apply to all other documents;” in Article xviii.: “The right of nomination, proposal, election, and institution to spiritual office, so far as it belongs to the state, is abolished;” and in Article xxiv.: “The respective religious societies direct religious instruction in the public schools.” Under the screen of these fundamental privileges the Catholic episcopate now claimed one civil prerogative after another, emancipated itself wholly from the laws of the state, and, on the plea that God must be obeyed rather than man, made the canon law, not only in purely ecclesiastical but also in mixed matters, the only standard, and the decision of the pope the final appeal. At last nothing was left to the state but the obligation of conferring splendid endowments upon the bishops, cathedral chapters, and seminaries for priests, and the honour of being at home the executioner of episcopal tyranny, and abroad the avenger of every utterance unfavourable in the doctrine and worship, customs and enactments of the Catholic church. With almost incredible infatuation the Catholic hierarchy was now regarded as a main support of the throne against the revolutionary tendencies of the age and as the surest guarantee for the loyalty of subjects in provinces predominantly Catholic. Under protection of the law allowing the formation of societies and the right of assembling, the order of Jesuits set up one establishment after another, and made up for defects or insufficient energy of ultramontane pastoral work, agitation and endeavour at conversion on the part of other peaceably disposed parish priests, by numerous missions conducted in the most ostentatious manner (§ 186, 6). Although according to Article xiii. of the constitution religious societies could obtain corporative rights only by special enactments, the bishops, on their own authority, without regarding this provision, established religious orders and congregations wherever they chose. As these were generally placed under foreign superiors male or female, to whom in Jesuit fashion unconditional obedience was rendered, each member being “like a corpse,” without any individual will, they spread without hindrance, so that continually new cloisters and houses of the orders sprang up like mushrooms over the Protestant metropolis (§ 186, 2). Education in Catholic districts fell more and more into the hands of religious corporations, and even the higher state educational institutions, so far as they dealt with the training of the Catholic youth (theological faculties, gymnasia, and Training schools), were wholly under the control of the bishops. From the boys’ convents and priests’ seminaries, erected at all episcopal residences, went forth a new generation of clergy reared in the severest school of intolerance, who, first of all acting as chaplains, by espionage, the arousing of suspicion and talebearing, were the dread of the old parish priests, and, as “chaplains at large,” stirred up fanaticism among the people, and secured the Catholic press to themselves as a monopoly. For the purposes of Catholic worship and education the government had placed state aid most liberally at their disposal, without requiring any account from the bishops as to their disposal of the money. Although the number of Catholics in the whole country was only about half that of the Protestants, the endowment of the Catholic was almost double that of the evangelical church. The civil authority readily helped the bishops to enforce any spiritual penalties, and thus the inferior clergy were brought into absolute dependence upon their spiritual superiors. In the government department of Public Worship, from 1840 to 1848 under the direction of Eichhorn, there was since 1841 a subsection for dealing with the affairs of the Catholic church which, although restricted to the guarding of the rights of the king over against the curia and that of the state over against the hierarchy, came to be in an entirely opposite sense “the civil department of the pope in Prussia.” Under Von Mühler’s ministry, 1862-1872, it obtained absolute authority which it seems to have exercised in removing unfavourable acts and documents from the imperial archives. And thus the Catholic church, or rather the ultramontane party dominant in it since 1848, grew up into a power that threatened the whole commonwealth in its very foundations.―By the annexation of Hanover, Hesse, and Nassau in 1866, four new bishoprics, those of Hildesheim, Osnabrück, Fulda and Limburg were added to the previous eight.―Continuation § 197.

§ 193.3. The Evangelical Church in Old Prussia down to 1848.―On the accomplishment of the union by Frederick William III. and the confusions arising therefrom, see § 177. Frederick William IV. on his accession declared his wish in reference to the national evangelical church, that the supreme control of the church should be exercised only in order to secure for it in an orderly and legal way the independent administration of its own affairs. The realization of this idea, after a church conference of the ordinary clergy from almost all German states had been held in Berlin without result, was attempted at Berlin by a general synod, opened on Whitsunday, 1846. The synod at its eighteenth session entered upon the consideration of the difficult question of doctrine and the confession. The result of this was the approval of an ordination formula drawn up by Dr. Nitzsch (§ 182, 10), according to which the candidate for ordination was to make profession of the great fundamental and saving truths instead of the church confession hitherto enforced. And since among these fundamental truths the doctrines of creation, original sin, the supernatural conception, the descent into hell and the ascension of Christ, the resurrection of the body, the last judgment, everlasting life and everlasting punishment were not included, and therefore were not to be enforced, since further by this ordination formula the special confessions of Lutheran and Reformed were really set aside, and therewith the existence of a Lutheran as well as a Reformed church within the union seemed to be abolished, a small number of decided Lutherans in the synod protested; still more decided and vigorous protests arose from outside the synod, to which the Evang. Kirchenzeitung opened its columns. The government gave no further countenance to the decisions of the synod, and opponents exercised their wit upon the unfortunate Nicænum of the nineteenth century, which as a Nitzschenum had fallen into the water. In March, 1847, the king issued a patent of toleration, by which protection was assured anew to existing churches, but the formation of new religious societies was allowed to all who found not in these the expression of their belief.

§ 193.4. The Evangelical Church in Old Prussia, 1848-1872.―When the storms of revolution broke out in 1848, the new minister of worship, Count Schwerin, willingly aided in reorganizing the church according to the mind of the masses of the people by a constitutional synod. But before it had met the reaction had already set in. The transition ministry of Ladenberg was assured by consistories and faculties of the danger of convoking such a synod of representatives of the people. Instead of the synod therefore a Supreme Church Council was assembled at Berlin in 1850, which, independent of the ministry, and only under the king as præcipuum membrum ecclesiæ, should represent the freedom of the church from the state as something already realized. On March 6th, 1852, the king issued a cabinet order, in consequence of which the Supreme Church Council administered not only the affairs of the evangelical national church as a whole, but also was charged with the interests of the Lutheran as well as the Reformed church in particular, and was to be composed of members from both of those confessions, who should alone have to decide on questions referring to their own confession. On the Itio in partes thus required in this board, only Dr. Nitzsch remained over, as he declared that he could find expression for his religious convictions in neither of the two confessions, but only in a consensus of both. The difficulty was overcome by reckoning him a representative equally of both denominations. Encouraged by such connivance in high places to entertain still bolder hopes, the Lutheran societies in 1853 presented to the king a petition signed by one hundred and sixty one clergymen, for restoring Lutheran faculties and the Lutheran church property. But this called forth a rather unfavourable cabinet order, in which the king expressed his disapproval of such a misconception of the ordinances of the former year, and made the express declaration that it never was his intention to break up or weaken the union effected by his father, that he only wished to give the confession within the union the protection to which it was undoubtedly entitled. After this the separate Lutheran interest so long highly favoured fell into manifest and growing disfavour. Still the ministerial department of worship under Von Raumer, 1850-1858, continued to conduct the affairs of schools and universities in the spirit of the ecclesiastical orthodox reaction, and issued the endless school regulations conceived in this spirit of the privy councillor Stiehl. The Supreme Church Council also exhibited a rare activity and passed many wholesome ordinances. The evangelical church won great credit by the care it took of its members scattered over distant lands, in supplying them with clergy and teachers. The evident favour with which Frederick William IV. furthered the efforts of the Evangelical Alliance of 1857 (§ 178, 3) was the last proof of decided aversion from the confessional movement which he was to be allowed to give. A long and hopeless illness, of which he died in 1861, obliged him to resign the government to his brother William I. When this monarch in October, 1855, began to rule in his own name, he declared to his newly appointed ministers that it was his firm resolve that the evangelical union, whose beneficent development had been obstructive to an orthodoxy incompatible with the character of the evangelical church, and which had thus almost caused its ruin, should be maintained and further advanced. But in order that the task might be accomplished, the organs for its administration must be carefully chosen and to some extent changed. All hypocrisy and formalism, which that orthodoxy had fostered, is wherever possible to be removed. The “new era,” however, marked by the appearance of liberal journals, by no means answered to the expectations which those words excited. The ministry of Von Bethmann-Hollweg, 1858-1862, filled some theological and spiritual offices in this liberal spirit; Stahl withdrew from the Supreme Church Council; the proceedings against the free churches, as well as the severe measures against the re-marriage of divorced parties, were relaxed. But the marriage law laid down by the ministry with permission of civil marriage was rejected by the House of Peers, and the hated school regulations had to be undertaken by the minister himself. The ecclesiastically conservative ministry of Von Mühler, 1862-1872, which, however, wanted a fixed principle as well as self-determined energy of will, and was therefore often vacillating and losing the respect of all parties, was utterly unfit to realize these expectations. The Supreme Church Council published in 1867 the outlines of a provincial synodal constitution for the six East Provinces which were still without this institution, which the Rhine Provinces and Westphalia had enjoyed since 1835. For this purpose he convened in autumn, 1869, an extraordinary provincial synod, which essentially approved the sketch submitted, whereupon it was provisionally enacted.

§ 193.5. The Evangelical Church in Old Prussia, 1872-1880.―After the removal of Von Mühler, the minister of worship, in January, 1872, his place was taken by Dr. Falk, 1872-1879. The hated school regulations were now at last set aside and replaced by new moderate prescriptions, conceived in an almost unexpectedly temperate spirit. On September 10th, 1873, the king issued a congregational and synodal constitution for the eastern provinces, with the express statement that the position of the confession and the union should thereby be in no way affected. It prescribed that in every congregation presided over by a pastor, elected by the ecclesiastically qualified church members, i.e. those of honourable life who had taken part in public worship and received the sacraments, there should be a church council of from four to twelve persons, and for more important matters, e.g. the election of a pastor, a congregational committee of three times the size, half of which should be reappointed every third year. To the district synod, presided over by the superintendent, each congregation sends as delegates besides the pastor a lay representative chosen by the church council from among its members or from the congregational committee. According to the same principle the District Synods choose from their members a clerical and a lay representative to the provincial synod, to which also the evangelical theological faculty of the university within the bounds sends a deputy, and the territorial lord nominates a number of members not exceeding a sixth part of the whole. The general synod, in which also the two western provinces, the Rhenish and Westphalian, take part, consists of one hundred and fifty delegates from the provincial synods, and thirty nominated by the territorial lords, to which the faculties of theology and law of the six universities within the bounds send each one of their members. Although this royal decree had proclaimed itself final, and only remitted to an Extraordinary General Synod to be called forthwith the task of arranging for future ordinary general synods, yet at the meeting of this extraordinary synod in Berlin, on November 24th, 1875, a draft was submitted of a constitution modified in various important points. Of the three demands of the liberal party now violently insisted upon―

Substitution of the “filter” system in the election of provincial and general synod members for that of the community electorate.

Strengthening of the lay element in all synods; and

Abolition of the equality of small village communities with large town communities

the first was by far the most important and serious in its consequences, but the other two bore fruit through the decree that two-thirds of the members of the district and provincial synods should be laymen, and the other one-third should be freely elected to the district synod from the populous town communities, for the provincial synods from the larger district synods. Also in reference to the rights belonging to the several grades of synods, considerable modifications were made, whereby the privileges of communities were variously increased (e.g. to them was given the right of refusing to introduce the catechisms and hymn-books sanctioned by the provincial synods), while those of the district and provincial synods were lessened in favour of the general synod, and those of the latter again in favour of the high church council and the minister of public worship. After nearly four weeks’ discussion the bill without any serious amendments was passed by the assembly, and on January 20th, 1876, received the royal assent and became an ecclesiastical law. But in order to give it also the rank of a law of the state, a decision of the States’ Parliament on the relation of church and state was necessary. The parliament had already in 1874, when the original congregational and synodal constitution was submitted to it, in order to advance the movement, approved only the congregational constitution with provisional refusal of everything going beyond that. In May, 1876, the bill already raised by the king into an ecclesiastical law, passed both houses of parliament, and had here also some amendments introduced with the effect of increasing and strengthening the prerogative of the state. The main points in the law as then passed are these: The general synod, whose members undertake to fulfil their duties agreeably to the word of God and the ordinances of the evangelical national church, has the task of maintaining and advancing the state church on the basis of the evangelical confession. The laws of the state church must receive its assent, but any measure agreed upon by it cannot be laid before the king for his sanction without the approval of the minister of public worship. It meets every sixth year; in the interval it, as well as the provincial synods, is represented by a synodal committee chosen from its members. The head of the church government is the Supreme Church Council, whose president countersigns the ecclesiastical laws approved by the king. The right of appointing to this office lies with the minister of public worship; in the nomination of other members the president makes proposals with consent of the minister. Taxation of the general synod for parliamentary purposes needs the assent of the minister of state, and must, if it exceeds four per cent. of the class and income tax, be agreed to by the Lower House, which also annually has to determine the expenditure on ecclesiastical administration.

§ 193.6. When preparations were being made for the extraordinary general synod, the king had repeatedly given vigorous expression to his positive religious standpoint, and from the proposed lists of members for that synod submitted by the minister of public worship all names belonging to the Protestantenverein were struck out. Still more decidedly in 1877 did he show his disapproval in the Rhode-Hossbach troubles (§ 180, 4), by declaring his firm belief in the divinity of Christ, and when the then president of the Brandenburg consistory, Hegel, tendered his resignation, owing to differences with the liberal president of the Supreme Church Council, Hermann, the king refused to accept it, because he could not then spare any such men as held by the apostolic faith. In May, 1878, Hermann was at last, after repeated solicitations, allowed to retire, Dr. Hermes, member of the Supreme Church Council, was nominated his successor, and the positive tendency of the Supreme Church Council was strengthened by the admission of the court preachers, Kögel and Baur. His proposals again disagreeing with the royal nominations for the provincial synod and for the First Ordinary General Synod of autumn, 1879, led the minister of public worship, Dr. Falk, at last, after repeated solicitation, to accept his resignation. It was granted him in July, 1879, and the chief president of the province of Silesia, Von Puttkamer, a more decided adherent of the positive union party, was named as his successor; but in June, 1881, he was made minister of the interior, and the undersecretary of the department of public worship, Von Gossler, was made minister. The general synod, October 10th till November 3rd, consisted of fifty-two confessionalists, seventy-six positive-unionists, fifty-six of the middle party or evangelical unionist, and nine from the ranks of the left, the Protestantenverein; three confessionalists, twelve positive-unionists, and fifteen of the middle party were nominated by the king. The measures proposed by the Supreme Church Council:

A marriage service without reference to the preceding civil marriage, with two marriage formulæ, the first a joint promise, the second a benediction;

A disciplinary law against despisers of baptism and marriage, which threatened such with the loss of all ecclesiastical electoral rights, and eventually with exclusion from the Lord’s supper and sponsor rights; and

A law dealing with Emeriti,

were adopted by the synod and then approved by the king. On the other hand a series of independent proposals conceived in the interests of the high-church party remained in suspense. The last effected elections for the general synod committee resulted in the appointment of three positive-unionist members, including the president, two confessionalists, and two of the middle party.549

§ 193.7. The Evangelical Church in the Annexed Provinces.―In 1866 the provinces of Hanover, Hesse and Schleswig-Holstein were incorporated with the kingdom of Prussia. In these political particularism, combined with confessional Lutheranism, suspicion of every organized system of church government as intended to introduce Prussian unionism, even to the extreme of open rebellion, led to violent conflicts. The king, indeed, personally gave assurance in Cassel, Hanover and Kiel that the position of the church confession should in no way be endangered. “He will indeed support the union where it already existed as a sacred legacy to him from his forefathers; he also hopes that it may always make further progress as a witness to the grand unity of the evangelical church; but compulsion is to be applied to no man.” The consistories of these provinces were still to continue independent of the Supreme Church Council. But the ministerial order for the restoration of representative synodal constitution increasingly prevailed, although the wide-spread suspicion and individual protests against the system of church government, such as the temporary prohibition of the Marburg consistory of the mission festival, as avowedly used for agitation against the intended synodal constitution, helped to intensify the bitterness of feeling. But on the other hand many preachers by their unbecoming pulpit harangues, and their refusal to take the oath of allegiance or service, to pray in church for their new sovereign, and to observe the general holiday appointed to be held in 1869 on November 10th (Luther’s birthday), etc., compelled the ecclesiastical authorities to impose fines, suspension, penal transportation, and deposition. In the Lutheran Schleswig-Holstein a new congregational constitution was introduced in 1869 by the minister Von Mühler, as the basis of a future synodal constitution, which was adopted by the Vorsynode of Rendsburg in 1871, preserving the confessional status laid down, without discussion. In 1878 an advance was made by the institution of district or provostship synods, and in February, 1880, the first General Synod was held at Rendsburg. As in Old Prussia so also here the conservative movement proved victorious. The laity obtained majorities in all synods, and the supremacy of the state was secured by the subordination of the church government under the minister of public worship.

§ 193.8. In Hanover, where especially Lichtenberg, president of the upper consistory, and Uhlhorn, member of the upper consistory (since 1878 abbot of Loccum), although many Lutheran extremists long remained dissatisfied, temperately and worthily maintained the independence and privileges of the Lutheran church, the first national synod could be convened and could bring to a generally peaceful conclusion the question of the constitution only in the end of 1869, after the preliminary labour of the national synod committee. In 1882 the Reformed communities of 120,000 souls, hitherto subject to Lutheran consistories, obtained an independent congregational and synodal constitution. Against the new marriage ordinance enacted in consequence of the civil marriage law (§ 197, 5), Theod. Harms (brother, and from 1865 successor of L. Harms, § 184, 1), pastor and director of Hermannsburg missionary seminary, rebelled from the conviction that civil marriage did not deserve to be recognised as marriage. He was first suspended, then in 1877 deposed from office, and with the most of his congregation retired and founded a separate Lutheran community, to which subsequently fifteen other small congregations of 4,000 souls were attached. As teacher and pupils of the seminary made it a zealous propaganda for the secession, the missionary journals and missionary festivals were misused for the same purpose, and as Harms answered the questions of the consistory in reference thereto, partly by denying, partly by excusing, that court, in December, 1878, forbad the missionary collections hitherto made throughout the churches at Epiphany for Hermannsburg, and so completely broke off the connection between the state church and the institution which had hitherto been regarded as “its pride and its preserving salt.” A reaction has since set in in favour of the seminary and its friends on the assurance that the interests of the separation would not be furthered by the seminary, and that several other objectionable features, e.g. the frequent employment in the mission service of artisans without theological training, the sending of them out in too great numbers without sufficient endowment and salary, so that missionaries were obliged to engage in trade speculations, should be removed as far as possible; but since the seminary life was always still carried on upon the basis of ecclesiastical secession, it could lead to no permanent reconciliation with the state church. Harms died in 1885. His son Egmont was chosen his successor, and as the consistory refused ordination, he accepted consecration at the hands of five members of the Immanuel Synod at Magdeburg.

§ 193.9. In Hesse the ministry of Von Mühler sought to bring about a combination of the three consistories of Hanau, Cassel, and Marburg, as a necessary vehicle for the introduction of a new synodal constitution. In the province itself an agitation was persistently carried on for and against the constitutional scheme submitted by the ministers, which wholly ignored the old church order (§ 127, 2), which, though in the beginning of the seventeenth century through the ecclesiastical disturbances of the time (§ 154, 1), it had passed out of use, had never been abrogated and so was still legally valid. A Vorsynode convened in 1870 approved of it in all essential points, but conventions of superintendents, pastoral conferences and lay addresses protested, and the Prussian parliament, for which it was not yet liberal enough, refused the necessary supplies. As these after Von Mühler’s overthrow were granted, his successor, Dr. Falk, immediately proceeded in 1873 to set up in Cassel the court that had been objected to so long. It was constituted after the pattern of the Supreme Church Council, of Lutheran, Reformed, and United members with Itio in partes on specifically confessional questions. The clergy of Upper Hesse comforted themselves with saying that the new courts in which the confessions were combined, if not better, were at least no worse than the earlier consistories in which the confessions were confounded; and they felt obliged to yield obedience to them, so long as they did not demand anything contradictory the Lutheran confession. On the other hand, many of the clergy of Lower Hesse saw in the advance from a merely eventual to an actual blending of the confessional status in church government an intolerable deterioration. And so forty-five clergyman of Lower and one of Upper Hesse laid before the king a protest against the innovation as destructive of the confessional rights of the Hessian church contrary to the will of the supreme majesty of Jesus Christ. They were dismissed with sharp rebuke, and, with the exception of four who submitted, were deposed from office for obstinate refusal to obey. There were about sixteen congregations which to a greater or less extent kept aloof from the new pastors appointed by the consistories, and without breaking away from the state church wished to remain true to the old pastor “appointed by Jesus Christ himself.”―In autumn, 1884, the movement on behalf of the restoration of a presbyterial and synodal constitution of the Hessian evangelical church, which had been delayed for fourteen years, was resumed. A sketch of a constitution, which placed it under three general superintendents (Lutheran, Reformed, United) and thirteen superintendents, and, for the fair co-operation of the lay element in the administration of church affairs (the confession status, however, being beyond discussion), provided suitable organs in the shape of presbyteries and synods, with a predominance of the lay element, was submitted to a Vorsynode that met on November 12th, consisting of two divisions, like a Lower and Upper House, sitting together. The first division, as representative of the then existing church order, embraced, in accordance with the practice of the old Hessian synods, all the members of the consistory, i.e. the nine superintendents and thirteen pastors elected by the clergy; the second, consisting at least of as many lay as clerical members, was chosen by the free election of the congregation. The royal assent was given to the decrees of the Vorsynode in the end of December, 1885, and the confessional status was thereby expressly guaranteed.

§ 194. The North German smaller States.

In most of the smaller North German states, owing to the very slight representation of the Reformed church, which was considerable only in Bremen, Lippe-Detmold, and a part of Hesse and East Friesland, the union met with little favour. Yet only in a few of those provinces did a sharply marked confessional Lutheranism gain wide and general acceptance. This was so especially and most decidedly in Mecklenburg, but also in Hanover, Hesse, and Saxony. On the other hand, since the close of 1860, in almost all those smaller states a determined demand was made for a representative synodal constitution, securing the due co-operation of the lay element.―The Catholic church was strongest in Hanover, and next come some parts of Hesse, which had been added to the ecclesiastical province of the Upper Rhine (§ 196, 1), but in the other North German smaller states it was only represented here and there.

§ 194.1. The Kingdom of Saxony.―The present kingdom of Saxony, formerly an electoral principality, has had Catholic princes since 1679 (§ 153, 1), but the Catholic church could strike its roots again only in the immediate neighbourhood of the court. Indeed those belonging to it did not enjoy civil and religious equality until 1807, when this distinction was set aside. The erection of cloisters and the introduction of monkish orders, however, continued even then forbidden, and all official publications of the Catholic clergy required the placet of the government. The administration of the evangelical church, so long as the king is Catholic, lies, according to agreement, in the hands of the ministers commissioned in evangelicis. Although several of these have proved defenders of ecclesiastical orthodoxy, the rationalistic Illumination became almost universally prevalent not only among the clergy but also among the general populace. Meanwhile a pietistic reaction set in, especially powerful in Muldenthal, where Rudelbach’s labours impressed on it a Lutheran ecclesiastical character. The religious movement, on the other hand, directed by Martin Stephan, pastor of the Bohemian church in Dresden, came to a sad and shameful end. As representative and restorer of strict Lutheran views he had wrought successfully in Dresden from 1810, but, through the adulation of his followers, approaching even to worship, he fell more and more deeply into hierarchical assumption and neglect of self-vigilance. When the police in 1837 restricted his nightly assemblies, without, however, having discovered anything immoral, and suspended him from his official duties, he called upon his followers to emigrate to America. Many of them, lay and clerical, blindly obeyed, and founded in 1835, in Missouri, a Lutheran church communion (§ 208, 2). Stephan’s despotic hierarchical assumptions here reached their fullest height; he also gave his lusts free scope. Women oppressed or actually abused by him at length openly proclaimed his shame in 1839, and the community excommunicated him. He died in A.D. 1846. Taught by such experiences, and purged of the Donatist-separatist element, a church reaction against advancing rationalism made considerable progress under a form of church that favoured it, and secured also influential representatives in members of the theological faculty of the university of Leipzig distinguished for their scientific attainments. After repeated debates in the chamber over a scheme of a new ecclesiastical and synodal order submitted by the ministry, the first evangelical Lutheran state synod met in Dresden, in May, 1871. On the motion of the government, the law of patronage was here modified so that the patron had to submit three candidates to the choice of the ecclesiastical board. It was also decided to form an upper or state consistory, to which all ecclesiastical matters hitherto administered by the minister of public worship should be given over; the control of education was to remain with the ministry, and the state consistory was to charge itself with the oversight only of religious instruction and ethico-religious training. The most lively debates were those excited by the proposal to abolish the obligation resting upon all church teachers to seem to adhere to the confession of the Lutheran church, led by Dr. Zarncke, the rector of the state university. The commission of inquiry sent down, under the presidency of Professor Luthardt, demanded the absolute withdrawal of this proposal, which aimed at perfect doctrinal freedom. On the other hand, Professor G. Baur made the mediate proposal to substitute for the declaration on oath, the promise to teach simply and purely to the best of his knowledge and according to conscience the gospel of Christ as it is contained in Scripture, and witnessed in the confessions of the Lutheran church. And as even now Luthardt, inspired by the wish not to rend the first State Synod at its final sitting by an incurable schism, agreed to this suggestion, it was carried by a large majority. In consequence of this decision, a number of “Lutherans faithful to the confession,” withdrew from the State church, and on the anniversary of the Reformation in 1871, constituted themselves into an Evangelical Lutheran Free Church, associated with the Missouri synod (§ 208, 2), from which, on the suggestion of some of the members of the community who had returned from America, they chose for themselves a pastor called Ruhland. There were five such congregations in Saxony: at Dresden, Planitz, Chemnitz, Frankenberg, and Krimmitschau, to which some South German dissenters at Stenden, Wiesbaden, Frankfort, and Anspach attached themselves.

§ 194.2. The Saxon Duchies.―The Stephan emigration had also decoyed a number of inhabitants from Saxe-Altenburg. In a rescript to the Ephorus Ronneburg, in 1838, the consistory traced back this separatist movement to the fact that the religious needs of the congregations found no satisfaction in the rationalistic preaching, and urged a more earnest presentation from the pulpit of the fundamental and central doctrines of evangelical Christianity. This rescript was the subject of violent denunciation. The government took the opinion of four theological faculties on the procedure of the consistory and its opponents, who published it simply with the praise and blame contained therein, and thus prevented any investigation. Also in Weimar and Gotha the rationalism of Röhr and Bretschneider, which had dominated almost all pulpits down to the middle of the century, began gradually to disappear, and the more recent parties of Confessional, Mediation, and Free Protestant theology to take its place. The last named party found vigorous support in the university of Jena. A petition addressed to it in 1882 from the Thuringian Church Conference of Eisenach, to call to Jena also a representative of the positive Lutheran theology, was decidedly refused, and, in a controversial pamphlet by Superintendent Braasch, condemned as “the Eisenach outrage” (Attentat). In Meiningen the Vorsynode convened there in 1870 sanctioned the sketch of a moderately liberal synodal constitution submitted to it, which placed the confession indeed beyond the reach of legislative interference, but also secured its rights to free inquiry. The first State Synod, however, did not meet before 1878. In Weimar the first synod was held in 1873, the second in 1879.

§ 194.3. The Kingdom of Hanover.―Although the union found no acceptance in Hanover, after the overthrow of the rationalism of the ancien régime, the union theology became dominant in the university. The clergy, however, were in great part carried along by the confessional Lutheran current of the age. The Preachers’ Conference at Stade in 1854 took occasion to call the attention of the government to the “manifest divergence” between the union theology of the university and the legal and actual Lutheran confession of the state church, and urged the appointment of Lutheran teachers. The faculty, on the other hand, issued a memorial in favour of liberty of public teaching, and the curators filled the vacancies again with union theologians. When in April, 1862, it was proposed to displace the state catechism introduced in 1790, which neither theologically nor catechetically satisfied the needs of the church, by a carefully sifted revision of the Walther catechism in use before 1790, approved of by the Göttingen faculty, the agitation of the liberal party called forth an opposition, especially in city populations, which expressed itself in insults to members of consistories and pastors, and in almost daily repeated bloody street fights with the military, and obliged the government at last to give way.―The negotiations about a concordat with Rome reached up further in 1824 than obtaining the circumscription bull Impensa Romanorum, by which the Catholic church obtained two bishoprics, those of Hildesheim and Osnabrück.―In 1886, Hanover was incorporated with the kingdom of Prussia (§ 193, 8).

§ 194.4. Hesse.―Landgrave Maurice, 1592-1627, had forced upon his territories a modified Melanchthonian Calvinism (§ 154, 1), but a Lutheran basis with Lutheran modes of viewing things and Lutheran institutions still remained, and the Lutheran reaction had never been completely overcome, not even in Lower Hesse, although there the name of the Reformed Church with Reformed modes of worship had been gradually introduced in most of the congregations. The communities of Upper Hesse and Schmalcald, however, by continuous opposition saved for the most part their Lutheranism, which in 1648 was guaranteed to them anew by the Darmstadt Recess, and secured an independent form of church government in the Definitorium at Marburg. The union movement, which issued from Prussia in 1817, met with favour also in Hesse, but only in the province of Hanau in 1818 got the length of a formal constituting of a church on the basis of the union. In 1821, however, the elector issued the so-called Reorganization edict, by which the entire evangelical church of the electorate, without any reference to the confession status, but simply in accordance with the political divisions of the state, was put under the newly instituted consistories of Cassel, Marburg, and Hanau, in the formation of which the confession of the inhabitants had not been considered. The Marburg Definitorium indeed protested, but in vain, against this despotic act, which was felt a grievance, less on account of the wiping out of the confession than on account of the loss of independent church government which it occasioned. The government appointed pastors, teachers and professors without enquiring much about their confession. In 1838 the hitherto required subscription of the clergy to the confessional writings, the Augsburg Confession and its Apology, was modified into a formula declaring conscientious regard for them. But in this Bickell, professor of law at Marburg, saw a loss to the church in legal status, an endangering of the evangelical church; the theological professor, Hupfeld, also in the further course of the controversy took his side, while the advocate, Henkel, in Cassel, as a popular agitator opposed him and demanded a State Synod for the formal abolishing of all symbolical books. The government ignored both demands, and the vehement conflict was quieted by degrees. With 1850 a new era began in the keen controversy over the question, which confession, whether Lutheran or Reformed, was legally and actually that of the state. The ministry of Hassenpflug from 1850, which suppressed the revolution, considered it as legally the Lutheran, and determined the ecclesiastical arrangements in this sense, and in this course Dr. Vilmar, member of the Consistory, was the minister’s right hand. But the elector was from the beginning personally opposed to this procedure, and on the overthrow of the ministry in 1855, Vilmar (died 1868) was also transferred to a theological professorship at Marburg. This, however, only gave a new impulse to the confessional Lutheran movement in the state, for the spirit and tendency of the highly revered theological teacher powerfully influenced the younger generation of the Hessian clergy. In consequence of the German war, Hesse was annexed to Prussia in 1866 (§ 193, 9).―On the Catholic church in this state, compare § 196, 1.

§ 194.5. Brunswick, Oldenburg, Anhalt, and Lippe-Detmold.―Much ado was made also in Brunswick over the introduction of a new constitution for the Lutheran state church in 1869, and at last in 1871 a synodal ordinance was passed by which the State Synod, consisting of fourteen clerical and eighteen lay members, was to meet every four years, so as not to be a too offensive factor in the ecclesiastical administration and legislation, which therefore has left untouched the content of the confession. The first synod of 1872 began by rejecting the injunction to open the sessions with prayer and reading of scripture. Oldenburg, which in 1849, by a synod whose membership had been chosen by the original electorate, had been favoured with a democratic church constitution wholly separate from the state, accepted in 1854 without opposition a new constitution which restored the headship of the church to the territorial lords, the administration of the church to a Supreme Church Council and ecclesiastical legislation to a State Synod consisting of clerical and lay members.―The prince in the exercise of his sovereign rights gave a charter in 1878 to the evangelical church of the Duchy of Anhalt to a synodal ordinance which, though approved by the Vorsynode of 1876, had been rejected by parliament, and afterwards it gained the assent of the national representatives.―In the Reformed Lippe-Detmold there were in 1844 still five preachers who, wearied of the illuminationist catechism of the state church, had gone back to the Heidelberg catechism and protested against the abolition of acceptance on oath of the symbols, as destructive of the peace of the church. The democratic church constitution of 1851, however, was abrogated in 1854, and instead of it, the old Reformed church order of 1684 was again made law. At the same time, religious pardon and equality were guaranteed to Catholics and Lutherans. The first Reformed State Synod was constituted in 1878.

§ 194.6. Mecklenburg.―Mecklenburg-Schwerin from 1848 was in possession of a strictly Lutheran church government under the direction of Kliefoth, and its university at Rostock had decidedly Lutheran theologians. When the chamberlain Von Kettenburg, on going over to the Catholic church, appointed a Catholic priest on his estate, the government in 1852, on the ground that the laws of the state did not allow Catholic services which extended beyond simple family worship, held that he had overstepped the limits. A complaint, in reference thereto, presented to the parliament and then to the German Bund, was in both cases thrown out. Even in 1863 the Rostock magistrates refused to allow tower and bells in the building of a Catholic church.―An extraordinary excitement was caused by the removal from office in January, 1858, of Professor M. Baumgarten of Rostock. An examination paper set by him on 2 Kings xi. by which the endeavour was made to win scripture sanction for a violent revolution, obliged the government even in 1856 to remove him from the theological examination board. At the same time his polemic addressed to a pastoral conference at Parchim, against the doctrine of the Mecklenburg state catechism on the ceremonial law, especially in reference to the sanctification of the Sabbath, increased the distrust which the clergy of the state, on account of his writings, had entertained against his theological position as one which, from a fanatical basis, diverged on all sides into fundamental antagonism to the confession and the ordinances of the Lutheran state church. The government finally deposed him in 1858 (leaving him, however, in possession of his whole salary, also of the right of public teaching), on the ground and after the publication of a judgment of the consistory which found him guilty of heretical alteration of all the fundamental doctrines of the Christian faith and the Lutheran confession, and sought to prove this verdict from his writings. As might have been foreseen, this step was followed by a loud outcry by all journals; but even Lutherans, like Von Hofmann, Von Scheurl [Scheuerl], and Luthardt, objected to the proceedings of the government as exceeding the law laid down by the ecclesiastical ordinance and the opinion of the consistory as resting upon misunderstanding, arbitrary supposition and inconsequent conclusion.

§ 195. Bavaria.

Catholic Bavaria, originally an electorate, but raised in 1806, by Napoleon’s favour, into a royal sovereignty, to which had been adjudged by the Vienna Congress considerable territories in Franconia and the Palatine of the Rhine with a mainly Protestant population, attempted under Maximilian Joseph (IV.) I., after the manner of Napoleon, despotically to pass a liberal system of church polity, but found itself obliged again to yield, and under Louis I. became again the chief retreat of Roman Catholic ecclesiasticism of the most pronounced ultramontane pattern. It was under the noble and upright king, Maximilian II., that the evangelical church of the two divisions of the kingdom, numbering two-thirds of the population, first succeeded in securing the unrestricted use of their rights. Nevertheless, Catholic Bavaria remained, or became, the unhappy scene of the wildest demagogic agitation of the Catholic clergy and of the Bavarian “Patriots” who played their game, whose patriotism consisted only in mad hatred of Prussia and fanatical ultramontanism. Yet King Louis II., after the brilliant successes of the Franco-German war, could not object to the proposal of November 30th, 1870, to found a new German empire under a Prussian and therefore a Protestant head.

§ 195.1. The Bavarian Ecclesiastical Polity under Maximilian I., 1799-1825.―Bavaria boasted with the most unfeigned delight after the uprooting of Protestantism in its borders as then defined (§ 151, 1), that it was the most Catholic, i.e. the most ultramontane and most bigoted, of German-speaking lands, and, after a short break in this tradition by Maximilian Joseph III. (§ 165, 10), went forth again with full sail, under Charles Theodore, 1777-1779, on the old course. But the thoroughly new aspect which this state assumed on the overthrow of the old German empire, demanded an adapting territorially of the civil and ecclesiastical life in accordance with the relations which it owed to its present political position. The new elector Maximilian Joseph IV., who as king styled himself Maximilian I., transferred the execution of this task to his liberal, energetic, and thoroughly fearless minister, Count Montgelas, 1799-1817. In January, 1802, it was enacted that all cloisters should be suppressed, and that all cathedral foundations should be secularized; and these enactments were immediately carried out in an uncompromising manner. Even in 1801 the qualification of Protestants to exercise the rights of Bavarian citizens was admitted, and a religious edict of 1803 guaranteed to all Christian confessions full equality of civil and political privileges. To the clergy was given the control of education, and to the gymnasia and universities a considerable number of foreigners and Protestants received appointments. In all respects the sovereignty of the state over the church and the clergy was very decidedly expressed, the episcopate at all points restricted in its jurisdiction, the training of the clergy regulated and supervised on behalf of the state, the patronage of all pastorates and benefices usurped by the government, even public worship subjected to state control by the prohibition of superstitious practices, etc. But amid many other infelicities of this autocratic procedure was specially the gradual dying out of the old race of bishops, which obliged the government to seek again an understanding with Rome; and so it actually happened in June, 1817, after Montgelas’ dismissal, that a concordat was drawn up. By this the Roman Catholic apostolic religion secured throughout the whole kingdom those rights and prerogatives which were due to it according to divine appointment and canonical ordinances, which, strictly taken, meant supremacy throughout the land. In addition, two archbishoprics and seven bishoprics were instituted, the restoration of several cloisters was agreed to, and the unlimited administration of theological seminaries, the censorship of books, the superintendance of public schools and free correspondence with the holy see were allowed to the bishops. On the other hand, the king was given the choice of bishops (to be confirmed by the pope), the nomination of a great part of the priests and canons, and the placet for all hierarchical publications. After many vain endeavours to obtain amendments, the king at last, on October 17th, ratified this concordat; but, to mollify his highly incensed Protestant subjects, he delayed the publication of it till the proclamation of the new civil constitution on May 18th following. The concordat was then adopted, as an appendage to an edict setting forth the ecclesiastical supremacy of the state, securing perfect freedom of conscience to all subjects, as well as equal civil rights to members of the three Christian confessions, and demanding from them equal mutual respect. The irreconcilableness of this edict with the concordat was evident, and the newly appointed bishops as well as the clerical parliamentary deputies, declared by papal instruction that they could not take the oath to the constitution without reservation, until the royal statement of Tegernsee, September 21st, that the oath taken by Catholic subjects simply referred to civil relations, and that the concordat had also the validity of a law of the state, induced the curia to agree to it. But the government nevertheless continued to insist as before upon the supremacy of the state over the church, enlarged the claims of the royal placet, put the free intercourse with Rome again under state control, arbitrarily disposed of church property and supervised the theological examinations of the seminarists, made the appointment of all clergy dependent on its approbation, and refused to be misled in anything by the complaints and objections of the bishops.

§ 195.2. The Bavarian Ecclesiastical Polity under Louis I., 1825-1848.―Zealous Catholic as the new king was, he still held with unabated tenacity to the sovereign rights of the crown, and the extreme ultramontane ministry of Von Abel from 1837 was the first to wring from him any relaxations, e.g. the reintroduction of free intercourse between the bishops and the holy see without any state control. But it could not obtain the abolition of the placet, and just as little the eagerly sought permission of the return of the Jesuits. On the other hand the allied order of Redemptorists was allowed, whose missions among the Bavarian people, however, the king soon made dependent on a permission to be from time to time renewed. His tolerant disposition toward the Protestants was shown in 1830, by his refusing the demand of the Catholic clergy for a Reverse in mixed marriages, and recognising Protestant sponsors at Catholic baptisms. But yet his honourable desire to be just even to the Protestants of his realm was often paralysed, partly by his own ultramontane sympathies, partly and mainly by the immense influence of the Abel ministry, and the religious freedom guaranteed them by law in 1818 was reduced and restricted. Among other things the Protestant press was on all sides gagged by the minister, while the Catholic press and preaching enjoyed unbridled liberty. Great as the need was in southern Bavaria the government had strictly forbidden the taking of any aid from the Gustavus Adolphus Verein. Louis saw even in the name of this society a slight thrown on the German name, and was specially offended at its vague, nearly negative attitude towards the confession. Yet he had no hesitation in affording an asylum in Catholic Bavaria to the Lutheran confessor Scheibel (§ 177, 2) whom Prussian diplomacy had driven out of Lutheran Saxony, and did not prevent the university of Erlangen, after its dead orthodoxy had been reawakened by the able Reformed preacher Krafft (died 1845), becoming the centre of a strict Lutheran church consciousness in life as well as science for all Germany. The adoration order of 1838, which required even the Protestant soldiers to kneel before the host as a military salute, occasioned great discontent among the Protestant population, and many controversial pamphlets appeared on both sides. When finally the parliament in 1845 took up the complaint of the Protestants, a royal proclamation followed by which the usually purely military salute formerly in use was restored. In 1847 the ultramontane party, with Abel at its head, fell into disfavour with the king, on account of its honourable attitude in the scandal which the notorious Lola Montez caused in the circle of the Bavarian nobility; but in 1848 Louis was obliged, through the revolutionary storm that burst over Bavaria, to resign the crown.

§ 195.3. The Bavarian Ecclesiastical Polity under Maximilian II., 1848-1864, and Louis II. (died 1886).―Much more thoroughly than his father did Maximilian II. strive to act justly toward the Protestant as well as the Catholic church, without however abating any of the claims of constitutional supremacy on the part of the state. In consequence of the Würzburg negotiations (§ 192, 4), the Bavarian bishops assembled at Freysing, in November, 1850, presented a memorial, in which they demanded the withdrawal of the religious edict included in the constitution of 1818, as in all respects prejudicial to the rights of the church granted by the concordat, and set forth in particular those points which were most restrictive to the free and proper development of the catholic church. The result was the publication in April, 1852, of a rescript which, while maintaining all the principles of state administration hitherto followed, introduced in detail various modifications, which, on the renewal of the complaints in 1854, were somewhat further increased as the fullest and final measure of surrender.―The change brought about 1866 in the relation of Bavaria to North Germany led the government under Louis II. to introduce liberal reforms, and the offensive and defensive alliance which the government concluded with the heretical Prussia, the failure of all attempts on the outbreak of the Franco-Prussian war to force it in violation of treaty to maintain neutrality, and then to prevent Bavaria becoming part of the new German empire founded in 1871 at the suggestion of her own king, roused to the utmost the wrath of the Bavarian clerical patriots. In the conflicts of the German government, in 1872, against the intolerable assumptions, claims and popular tumults of the ultramontane clergy, the department of public worship, led by Lutz, inclined to take an energetic part. But this was practically limited to the passing of the so-called Kanzelparagraphen (§ 197, 4) in the Reichstag. Comp. § 197, 14.