THIRD DIVISION. History of the Development of the Church under Modern European Forms of Civilization. (continued 15)

§ 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.

§ 195.4. Attempts at Reorganization of the Lutheran Church.―Since 1852, Dr. von Harless (§ 182, 13), as president of the upper consistory at Munich, stood at the head of the Lutheran church of Bavaria. Under his presidency the general synod at Baireuth in 1853 showed a vigorous activity in the reorganization of the church. On the basis of its proceedings the upper consistory ordered the introduction of an admirable new hymnbook. This occasioned considerable disagreement. But when, in 1856, the upper consistory issued a series of enactments on worship and discipline, a storm, originating in Nuremberg, burst forth in the autumn of that same year, which raged over the whole kingdom and attacked even the state church itself. The king was assailed with petitions, and the spiritual courts went so far in faint-heartedness as to put the acceptance and non-acceptance of its ordinances to the vote of the congregations. Meanwhile the time had come for calling another general synod (1857). An order of the king as head of the church abolished the union of the two state synods in a general synod which had existed since 1849, and forbad all discussion of matters of discipline. Hence instead of one, two synods assembled, the one in October at Anspach, the other in November at Baireuth. Both, consisting of equal numbers of lay and clerical members, maintained a moderate attitude, relinquishing none of the privileges of the church or the prerogatives of the upper consistory, and yet contributed greatly to the assuaging of the prevalent excitement. Also the lay and clerical members of the subsequent reunited general synods held every fourth year for the most part co-operated successfully on moderate church lines. The synod held at Baireuth in 1873 unanimously rejected an address sent from Augsburg inspired by “Protestant Union” sympathies, as to their mind “for the most part indistinct and where distinct unevangelical.”

§ 195.5. The Church of the Union in the Palatine of the Rhine.―In the Bavarian Palatine of the Rhine the union had been carried out in 1818 on the understanding that the symbolical books of both confessions should be treated with due respect, but no other standard recognised than holy scripture. When therefore the Erlangen professor, Dr. Rust, in 1832 appeared in the consistory at Spires and the court for that time had endeavoured to fill up the Palatine union with positive Christian contents, 204 clerical and lay members of the Diocesan Synod presented to the assembly of the states of the realm, opportunely meeting in 1837, a complaint against the majority of the consistory. As this memorial yielded practically no result, the opposition wrought all the more determinedly for the severance of the Palatine church from the Munich Upper Consistory. This was first accomplished in the revolutionary year 1848. An extraordinary general synod brought about the separation, and gave to the country a new democratic church constitution. But the reaction of the blow did not stop there. The now independent consistory at Spires, from 1853 under the leadership of Ebrard, convened in the autumn of that year a general synod, which made the Augustana Variata of 1540 as representing the consensus between the Augustana of 1530 and the Heidelberg as well as the Lutheran catechism, the confessional standard of the Palatine church, and set aside the democratic election law of 1848. When now the consistory, purely at the instance of the general synod of 1853, submitted to the diocesan synod in 1856 the proofs of a new hymnbook, the liberal party poured out its bitter indignation upon the system of doctrine which it was supposed to favour. But the diocesan synods admitted the necessity of introducing a new hymnbook and the suitability of the sketch submitted, recommending, however, its further revision so that the recension of the text might be brought up to date and that an appendix of 150 new hymns might be added. The hymnbook thus modified was published in 1859, and its introduction into church use left to the judgment of presbyteries, while its use in schools and in confirmation instruction was insisted upon forthwith. This called forth protest after protest. The government wished from the first to support the synodal decree, but in presence of growing disturbance, changed its attitude, recommended the consistory to observe decided moderation so as to restore peace, and in February, 1861, called a general synod which, however, in consequence of the prevailingly strict ecclesiastical tendencies of its members, again expressed itself in favour of the new hymnbook. Its conclusions were meanwhile very unfavourably received by the government. Ebrard sought and obtained liberty to resign, and even at the next synod, in 1869, the consistory went hand in hand with the liberal majority.

§ 196. The South German Smaller States and Rhenish Alsace and Lorraine.

The Protestant princely houses of South Germany had by the Lüneville [Luneville] Peace obtained such an important increase of Catholic subjects, that they had to make it their first care to arrange their delicate relations by concluding a concordat with the papal curia in a manner satisfactory to state and church. But all negotiations broke down before the exorbitant claims of Rome, until the political restoration movements of 1850 led to modifications of them hitherto undreamed of. The concordats concluded during this period were not able to secure enforcement over against the liberal current that had set in with redoubled power in 1860, and so one thing after another was thrown overboard. Even in the Protestant state churches this current made itself felt in the persistent efforts, which also proved successful, to secure the restoration of a representative synodal constitution which would give to the lay element in the congregations a decided influence.

§ 196.1. The Upper Rhenish Church Province.―The governments of the South German States gathered in 1818 at Frankfort, to draw up a common concordat with Rome. But owing to the utterly extravagant pretensions nothing further was reached than a new delimitation in the bull “Provida sollersque,” 1821, of the bishoprics in the so-called Upper Rhenish Church Province: the archbishopric of Freiburg for Baden and the two Hohenzollern principalities, the bishoprics of Mainz for Hesse-Darmstadt, Fulda for Hesse-Cassel, Rottenburg for Württemberg, Limburg for Nassau and Frankfort; and even this was given effect to only in 1827, after long discussions, with the provision (bull Ad dominicæ gregis custodiam) that the choice of the bishops should issue indeed from the chapter, but that the territorial lord might strike out objectionable names in the list of candidates previously submitted to him. The actual equality of Protestants and Catholics which the pope had not been able to allow in the concordat, was now in 1880 proclaimed by the princes as the law of the land. Papal and episcopal indulgences had to receive approval before their publication; provincial and diocesan synods could be held only with approval of the government and in presence of the commissioners of the prince; taxes could not be imposed by any ecclesiastical court; appeal could be made to the civil court against abuse of spiritual power; those preparing for the priesthood should receive scientific training at the universities, practical training in the seminaries for priests, etc. The pope issued a brief in which he characterized these conditions as scandalous novelties, and reminded the bishops of Acts v. 29. But only the Bishop of Fulda followed this advice, with the result that the Catholic theological faculty at Marburg was after a short career closed again, and the education of the priests given over to the seminary at Fulda. Hesse-Darmstadt founded a theological faculty at Giessen in 1830; Baden had one already in Freiburg, and Würtemberg [Württemberg] had in 1817 affiliated the faculty at Ellwanger with the university of Tübingen, and endowed it with the revenues of a rich convent. In all these faculties alongside of rigorous scientific exactness there prevailed a noble liberalism without the surrender of the fundamental Catholic faith. The revolutionary year, 1848, first gave the bishops the hope of a successful struggle for the unconditional freedom of the church. In order to enforce the Würzburg decrees (§ 192, 4), the five bishops issued in 1851 a joint memorial. As the governments delayed their answer, they declared in 1852 that they would immediately act as if all had been granted them; and when at last the answer came, on most points unfavourable, they said in 1853, that, obeying God rather than man, they would proceed wholly in accordance with canon law.

§ 196.2. The Catholic Troubles in Baden down to 1873.―The Grand Duchy of Baden, with two-thirds of its population Catholic, where in 1848 the revolution had shattered all the foundations of the state, and where besides a young ruler had taken the reins of government in his hands only in 1852, seemed in spite of the widely prevalent liberality of its clergy, the place best fitted for such an attempt. The Archbishop of Freiburg, Herm. von Vicari, in 1852, now in his eighty-first year, began by arbitrarily stopping, on the evening of May 9th, the obsequies of the deceased grand-duke appointed by the Catholic Supreme Church Council for May 10th, prohibiting at the same time the saying of mass for the dead (pro omnibus defunctis) usual at Catholic burials, but in Baden and Bavaria hitherto not refused even to Protestant princes. More than one hundred priests, who disobeyed the injunction, were sentenced to perform penances. In the following year he openly declared that he would forthwith carry out the demands of the episcopal memorial, and did so immediately by appointing priests in the exercise of absolute authority; and by holding entrance examinations to the seminary without the presence of royal commissioners as required by law. As a warning remained unheeded, the government issued the order that all episcopal indulgences must before publication be subscribed by a grand-ducal special commissioner appointed for the purpose. Against him, as well as against all the members of the Supreme Church Council, the archbishop proclaimed the ban, issued a fulminating pastoral letter, which was to have been read with the excommunication in all churches, and ordered preaching for four weeks for the instruction of the people on these matters. At the same time he solemnly protested against all supremacy of the state over the church. The government drove the Jesuits out of the country, forbad the reading of the pastoral, and punished disobedient priests with fines and imprisonment. But the archbishop, spurred on by Ketteler, Bishop of Mainz, advanced more boldly and recklessly than ever. In May, 1854, the government introduced a criminal process against him, during the course of which he was kept prisoner in his own house. The attempts of his party to arouse the Catholic population by demonstrations had no serious result. At the close of the investigation the archbishop was released from his confinement and continued the work as before. The government, however, still remained firm, and punished every offence. In June, 1855, however, a provisional agreement was published, and finally in June, 1859, a formal concordat, the bull Æterni patris, was concluded with Rome, its concessions to the archbishop almost exceeding even those of Austria (§ 198, 2). In spite of ministerial opposition the second chamber in March, 1860, brought up the matter before its tribunal, repudiated the right of the government to conclude a convention with Rome without the approbation of the states of the realm, and forbad the grand-duke to enforce it. He complied with this demand, dismissed the ministry, insisted, in answer to the papal protest, on his obligation to respect the rights of the constitution, and on October 9th, 1860, sanctioned jointly with the chambers a law on the legal position of the Catholic and Protestant churches in the state. The archbishop indeed declared that the concordat could not be abolished on one side, and still retain the force of law, but in presence of the firm attitude of the government he desisted, and satisfied himself with giving in 1861 a grudging acquiescence, by which he secured to himself greater independence than before in regard to imposing of dues and administration of the church property. Conflicts with the archbishop, however, and with the clerical minority in the chamber, still continued. The archbishop died in 1868. His see remained vacant, as the chapter and the government could not agree about the list of candidates; the interim administration was carried on by the vicar-general, Von Kübel (died 1881), as administrator of the archdiocese, quite in the spirit of his predecessor. The law of October 9th, 1860, had prescribed evidence of general scientific culture as a condition of appointment to an ecclesiastical office in the Protestant as well as the Catholic church. Later ordinances required in addition: Possession of Baden citizenship, having passed a favourable examination on leaving the university, a university course of at least two and half years, attendance upon at least three courses of lectures in the philosophical faculty, and finally also an examination before a state examining board, within one and half years of the close of the university curriculum, in the Latin and Greek languages, history of philosophy, general history, and the history of German literature (later also the so called Kulturexamen). The Freiburg curia, however, protested, and in 1867 forbad clergy and candidates to submit to this examination or to seek a dispensation from it. The result was, that forthwith no clergymen could be definitely appointed, but up to 1874 no legal objection was made to interim appointments of parochial administrators. The educational law of 1868 abolished the confessional character of the public schools. In 1869 state recognition was withdrawn from the festivals of Corpus Christi, the holy apostles, and Mary, as also, on the other hand, from the festivals of Maundy Thursday and Good Friday. In 1870 obligatory civil marriage was introduced, while all compulsion to observe the baptismal, confirmational, and funeral rites of the church was abolished, and a law on the legal position of benevolent institutions was passed to withdraw these as much as possible from the administration of the ecclesiastical authorities. On the subsequent course of events in Baden, see § 197, 14.

§ 196.3. The Protestant Troubles in Baden.―The union of the Lutheran and Reformed churches was carried out in the Grand Duchy of Baden in 1821. It recognised the normative significance of the Augustana, as well as the Lutheran and Heidelberg catechisms, in so far as by it the free examination of scripture as the only source of Christian faith, is again expressly demanded and applied. A synod of 1834 provided this state church with union-rationalistic agenda, hymnbook, and catechism. When there also a confessional Lutheran sentiment began again in the beginning of 1850 to prevail, the church of the union opposed this movement by gensdarmes, imprisonment and fines. The pastor Eichhorn, and later also the pastor Ludwig, with a portion of their congregations left the state church and attached themselves to the Breslau Upper Church Conference, but amid police interference could minister to their flocks only under cloud of night. After long refusal the grand-duke at last in 1854 permitted the separatists the choice of a Lutheran pastor, but persistently refused to recognise Eichhorn as such. Pastor Haag, who would not give up the Lutheran distribution formula at the Lord’s supper, was after solemn warning deposed in 1855. On the other hand the positive churchly feeling became more and more pronounced in the state church itself. In 1854 the old rationalist members of the Supreme Church Council were silenced, and Ullmann of Heidelberg was made president. Under his auspices a general synod of 1855 presented a sketch of new church and school books on the lines of the union consensus, with an endeavour also to be just to the Lutheran views. The grand-duke confirmed the decision and the country was silent. But when in 1858 the Supreme Church Council, on the ground of the Synodal decision of 1855, promulgated the general introduction of a new church book, a violent storm broke out through the country against the liturgical novelties contained therein (extension of the liturgy by confession of sin and faith, collects, responses, Scripture reading, kneeling at the supper, the making a confession of their faith by sponsors), the Heidelberg faculty, with Dr. Schenkel at its head, leading the opposition in the Supreme Church Council. Yet Hundeshagen, who in the synod had opposed the introduction of a new agenda, entered the lists against Schenkel and others as the apologist of the abused church book. The grand-duke then decided that no congregation should be obliged to adopt the new agenda, while the introduction of the shorter and simpler form of it was recommended. The agitations these awakened caused its rejection by most of the congregations. Meanwhile in consequence of the concordat revolution in 1860, a new liberal ministry had come into power, and the government now presented to the chambers a series of thoroughly liberal schemes for regulating the affairs of the evangelical church, which were passed by large majorities. Toward the end of the year the government, by deposing the Supreme Church Councillor Heintz, began to assume the patronage of the supreme ecclesiastical court. Ullmann and Bähr tendered their resignations, which were accepted. The new liberal Supreme Church Council, including Holtzmann, Rothe, etc., now published a sketch of a church constitution on the lines of ecclesiastical constitutionalism, which with slight modifications the synod of July, 1861, adopted and the grand-duke confirmed. It provided for annual diocesan synods of lay and clerical members, and a general synod every five years. The latter consists of twenty-four clerical and twenty-four lay members, and six chosen by the grand-duke, besides the prelate, and is represented in the interval by a standing committee of four members, who have also a seat and vote in the Supreme Church Council.―Dr. Schenkel’s “Leben Jesu” of 1864 led the still considerable party among the evangelical clergy who adhered to the doctrine of the church to agitate for his removal from his position as director of the Evangelical Pastors’ Seminary at Heidelberg; but it resulted only in this, that no one was obliged to attend his lectures. The second synod, held almost a year behind time in 1867, passed a liberal ordination formula. At the next synod in 1871, the orthodox pietistic party had evidently become stronger, but was still overborne by the liberal party, whose strength was in the lay element. Meanwhile a praiseworthy moderation prevailed on both sides, and an effort was made to work together as peaceably as possible.―In Heidelberg a considerable number attached to the old faith, dissatisfied with the preaching of the four “Free Protestant” city pastors, after having been in 1868 refused their request for the joint use of a city church for private services in accordance with their religious convictions (§ 180, 1), had built for this purpose a chapel of their own, in which numerously attended services were held under the direction of Professor Frommel of the gymnasium. When a vacancy occurred in one of the pastorates in 1880, this believing minority, anxious for the restoration of unity and peace, as well as the avoidance of the separation, asked to have Professor Frommel appointed to the charge. At a preliminary assembly of twenty-one liberal church members this proposal was warmly supported by the president, Professor Bluntschli, by all the theological professors, with the exception of Schenkel and eighteen other liberal voters, and agreed to by the majority of the two hundred liberals constituting the assembly. But when the formal election came round the proposal was lost by twenty-seven to fifty-one votes.

§ 196.4. Hesse-Darmstadt and Nassau.―In 1819 the government of the Grand Duchy of Hesse recommended the union of all Protestant communities under one confession. Rhenish Hesse readily agreed to this, and there in 1822 the union was accomplished. In the other provinces, however, it did not take effect, although by the rationalism fostered at Giessen among the clergy and by the popular current of thought in the communities, the Lutheran as well as the Reformed confession had been robbed of all significance. But since 1850 even there a powerful Lutheran reaction among the younger clergy, zealously furthered by a section of the aristocracy of the state, set in, especially in the district on the right bank of the Rhine, which has eagerly opposed the equally eager struggles of the liberal party to introduce a liberal synodal representative constitution for the evangelical church of the whole state. These endeavours, however, were frustrated, and at an extraordinary state synod of 1873, on all controverted questions, the middle party gave their vote in favour of the absorptive union. The state church was declared to be the united church. The clause that had been added to the government proposal: “Without prejudice to the status of the confessions of the several communities,” was dropped; the place of residence and not the confession was that which determined qualifications in the community; the ordination now expressed obligation to the Reformation confessions generally, etc. The members of the minority broke off their connection with the synod, and seventy-seven pastors presented to the synod a protest against its decisions. The grand-duke then, on the basis of these deliberations, gave forthwith a charter to the church constitution, in which indeed the Lutheran, Reformed, and United churches were embraced in one evangelical state church with a common church government; but still also, by restoring the phrase struck out by the synod from § 1, the then existing confessional status of the several communities was preserved and the confession itself declared beyond the range of legislation. Yet fifteen Lutheran pastors represented that they could not conscientiously accept this, and the upper consistory hastened to remove them from office shortly before the shutting of the gates, i.e., before July 1st, 1875, when by the new law (§ 197, 15) depositions of clergy would belong only to the supreme civil court. The opposing congregations now declared, in 1877, their withdrawal from the state church, and constituted themselves as a “free Lutheran church in Hesse.”―The Catholic church in the Grand Duchy of Hesse, had under the peaceful bishops of Mainz, Burg (died 1833) and Kaiser (died 1849), caused the government no trouble. But it was otherwise after Kaiser’s death. Rome rejected Professor Leopold Schmid of Giessen, favoured at Darmstadt and regularly elected by the chapter (§ 187, 3), and the government yielded to the appointment of the violent ultramontane Westphalian, Baron von Ketteler. His first aim was the extinction of the Catholic faculty at Giessen (§ 191, 2); he rested not until the last student had been transferred from it to the newly erected seminary at Mainz (1851). No less energetic and successful were his endeavours to free the Catholic church from the supremacy of the state in accordance with the Upper Rhenish episcopal memorial. The Dalwigk ministry, in 1854, concluded a “provisional agreement” with the bishop, which secured to him unlimited autonomy and sovereignty in all ecclesiastical matters, and, to satisfy the pope with his desiderata, these privileges were still further extended in 1856. To this convention, first made publicly known in 1860, the ministry, in spite of all addresses and protests, adhered with unfaltering tenacity, although long convinced of its consequences. The political events of 1886, however, led the grand-duke in September of that year to abrogate the hateful convention. But the minister as well as the bishop considered this merely to refer to the episcopal convention of 1850, and treated the agreement with the pope of 1856 as always still valid. So everything went on in the old way, even after Ketteler’s supreme influence in the state had been broken by the overthrow of Dalwigk in 1871. Comp. § 197, 15.―The Protestant church in the Duchy of Nassau attached itself to the union in 1817. The conflict in the Upper Rhenish church overflowed even into this little province. The Bishop of Limburg, in opposition to law and custom, appointed Catholic clergy on his own authority, and excommunicated the Catholic officers who supported the government, while the government arrested the temporalities and instituted criminal proceedings against bishop and chapter. After the conclusion of the Württemberg and Baden concordats, the government showed itself disposed to adopt a similar way out of the conflict, and in spite of all opposition from the States concluded in 1861 a convention with the bishop, by which almost all his hierarchical claims were admitted. Thus it remained until the incorporation of Nassau in the Prussian kingdom in 1866.

§ 196.5. In Protestant Württemberg a religious movement among the people reached a height such as it attained nowhere else. Pietism, chiliasm, separatism, the holding of conventicles, etc., assumed formidable dimensions; solid science, philosophical culture, and then also philosophical and destructive critical tendencies issuing from Tübingen affected the clergy of this state. Dissatisfaction with various novelties in the liturgy, the hymnbook, etc., led many formally to separate from the state church. After attempts at compulsion had proved fruitless, the government allowed the malcontents under the organizing leadership of the burgomaster, G. W. Hoffman (died 1846), to form in 1818 the community of Kornthal, with an ecclesiastical and civil constitution of its own after the apostolic type. Others emigrated to South Russia and to North America (§ 211, 6, 7). Out of the pastoral work of pastor Blumhardt at Möttlingen, who earnestly preached repentance, there was developed, in connection with the healing of a demoniac, which had been accompanied with a great awakening in the community, the “gift” of healing the sick by absolution and laying on of hands with contrite believing prayer. Blumhardt, in order to afford this gift undisturbed exercise, bought the Bad Boll near Göppingen, and officiated there as pastor and miraculous healer in the way described. He died in 1880.―After the way to a synodal representation of the whole evangelical state church had been opened up in 1851 by the introduction, according to a royal ordinance, of parochial councils and diocesan synods, the consistory having also in 1858 published a scheme referring thereto, the whole business was brought to a standstill, until at last in 1867, by means of a royal edict, the calling of a State Synod consisting of twenty-five clerical and as many lay members was ordered, and consequently in February, 1869, such a synod met for the first time. Co-operation in ecclesiastical legislation was assigned to it as its main task, while it had also the right to advise in regard to proposals about church government, also to make suggestions and complaints on such matters, but the confession of the evangelical church was not to be touched, and lay entirely outside of its province. A liberal enactment with regard to dissenters was sanctioned by the chamber in 1870.

§ 196.6. The Catholic Church in Württemberg.―Even after the founding of the bishopric of Rottenberg [Rottenburg] the government maintained strictly the previously exercised rights of sovereignty over the Catholic church, to which almost one-third of the population belonged, and the almost universally prevalent liberalism of the Catholic clergy found in this scarcely any offence. A new order of divine service in 1837, which, with the approval of the episcopal council, recommended the introduction of German hymns in the services, dispensing the sacraments in the German language, restriction of the festivals, masses, and private masses, processions, etc., did indeed cause riots in several places, in which, however, the clergy took no part. But when in 1837, in consequence of the excitement caused throughout Catholic Germany by the Cologne conflict (§ 193, 1), the hitherto only isolated cases of lawless refusal to consecrate mixed marriages had increased, the government proceeded severely to punish offending clergymen, and transported to a village curacy a Tübingen professor, Mack, who had declared the compulsory celebration unlawful. Called to account by the nuncio of Munich for his indolence in all these affairs and severely threatened, old Bishop Keller at last resolved, in 1841, to lay before the chamber a formal complaint against the injury done to the Catholic church, and to demand the freeing of the church from the sovereignty of the state. In the second chamber this motion was simply laid ad acta, but in the first it was recommended that the king should consider it. The bishop, however, and the liberal chapter could not agree as to the terms of the demand, contradictory opinions were expressed, and things remained as they were. But Bishop Keller fell into melancholy and died in 1845. His successor took his stand upon the memorial and declaration of the Upper Rhenish bishops, and immediately in 1853 began the conflict by forbidding his clergy, under threats of severe censure, to submit as law required to civil examinations. The government that had hitherto so firmly maintained its sovereign rights, under pressure of the influence which a lady very nearly related to the king exercised over him, gave in without more ado, quieted the bishop first of all by a convention in 1854, and then entered into negotiations with the Roman curia, out of which came in 1857 a concordat proclaimed by the bull Cum in sublimi, which, in surrender of a sovereign right of the state over the affairs of the church, far exceeds that of Austria (§ 198, 2). The government left unheeded all protests and petitions from the chambers for its abolition. But the example of Baden and the more and more decided tone of the opposition obliged the government at last to yield. The second chamber in 1861 decreed the abrogation of the concordat, and a royal rescript declared it abolished. In the beginning of 1862 a bill was submitted by the new ministry and passed into law by both chambers for determining the relations of the Catholic church to the state. The royal placet or right of permitting or refusing, is required for all clerical enactments which are not purely inter-ecclesiastical but refer to mixed matters; the theological endowments are subject to state control and joint administration; boys’ seminaries are not allowed; clergymen appointed to office must submit to state examination; according to consuetudinary rights, about two-thirds of the benefices are filled by the king, one-third by the bishops on reporting to the civil court, which has the right of protest; clergy who break the law are removable by the civil court, etc. The curia indeed lodged a protest, but the for the most part peace-loving clergy reared, not in the narrowing atmosphere of the seminaries but amid the scientific culture of the university, in the halls of Tübingen, submitted all the more easily as they found that in all inter-ecclesiastical matters they had greater freedom and independence under the concordat than before.

§ 196.7. The Imperial Territory of Alsace and Lorraine since 1871.―After Alsace with German Lorraine had again, in consequence of the Franco-Prussian war, been united to Germany and as an imperial territory had been placed under the rule of the new German emperor, the secretary of the Papal States, Cardinal Antonelli, in the confident hope of being able to secure in return the far more favourable conditions, rights and claims of the Catholic church in Prussia with the autocracy of the bishops unrestricted by the state, declared in a letter to the Bishop of Strassburg, that the concordat of 1801 (§ 203, 1) was annulled. But when the imperial government showed itself ready to accept the renunciation, and to make profit out of it in the opposite way from that intended, the cardinal hasted in another letter to explain how by the incorporation with Germany a new arrangement had become necessary, but that clearly the old must remain in force until the new one has been promulgated. Also a petition of the Catholic clergy brought to Berlin by the bishop himself, which laid claim to this unlimited dominion over all Catholic educational and benevolent institutions, failed of its purpose. The clergy therefore wrought for this all the more zealously by fanaticizing the Catholic people in favour of French and against German interests. On the epidemic about the appearance of the mother of God called forth in this way, see § 188, 7. In 1874 the government found itself obliged to close the so-called “little seminaries,” or boys’ colleges, on account of their fostering sentiments hostile to the empire. Yet in 1880 the newly appointed imperial governor, Field-marshal von Manteuffel (died 1885), at the request of the States-Committee, allowed Bishop Räss of Strassburg to reopen the seminary at Zillisheim, with the proviso that his teachers should be approved by the government, and that instruction in the German language should be introduced. Manteuffel has endeavoured since, by yielding favours to the France-loving Alsatians and Lorrainers, and to their ultramontane clergy, to win them over to the idea of the German empire, even to the evident sacrifice of the interests of resident Germans and of the Protestant church. But such fondling has wrought the very opposite result to that intended.

§ 197. The so-called Kulturkampf in the German Empire.550

Ultramontanism had for the time being granted to the Prussian state, which had not only allowed it absolutely free scope but readily aided its growth throughout the realm (§ 193, 2), an indulgence for that offence which is in itself unatoneable, having a Protestant dynasty. Pius IX. had himself repeatedly expressed his satisfaction at the conduct of the government. But the league which Prussia made in 1866 with the “church-robbing Sub-alpine,” i.e. Italian, government, was not at all to the taste of the curia. The day of Sadowa, 3rd July, 1866, called from Antonelli the mournful cry, Il mondo cessa, “The world has gone to ruin,” and the still more glorious day of Sedan, 2nd September, 1870, completely put the bottom out of the Danaid’s vessel of ultramontane forbearance and endurance. This day, 18th January, 1871, had as its result the overthrow of the temporal power of the papacy as well the establishment of a new and hereditary German empire under the Protestant dynasty of the Prussian Hohenzollerns. German ultramontanism felt itself all the more under obligation to demand from the new emperor as the first expiation for such uncanonical usurpation, the reinstatement of the pope in his lost temporal power. But when he did not respond to this demand, the ultramontane party, by means of the press favourable to its claims, formally declared war against the German empire and its governments, and applied itself systematically to the mobilization of its entire forces. But the empire and its governments, with Prussia in the van, with unceasing determination, supported by the majority of the States’ representatives, during the years 1871-1875 proceeded against the ultramontanes by legislative measures. The execution of these by the police and the courts of law, owing to the stubborn refusal to obey on the part of the higher and lower clergy, led to the formation of an opposition, commonly designated after a phrase of the Prussian deputy, Professor Virchow, “Kulturkampf,” which was in some degree modified first in 1887. The imperial chancellor, Prince Bismarck, uttered at the outset the confident, self-assertive statement, “We go not to Canossa,”―and even in 1880, when it seemed as if a certain measure of submission was coming from the side of the papacy, and the Prussian government also showed itself prepared to make important concessions, he declared, “We shall not buy peace with Canossa medals; such are not minted in Germany.” Since 1880, however, the Prussian government with increasing compliance from year to year set aside and modified the most oppressive enactments of the May laws, so as actually to redress distresses and inconveniences occasioned by clerical opposition to these laws, without being able thereby to obtain any important concession on the part of the papal curia, until at last in 1887, after the government had carried concession to the utmost limit, the pope put his seal to definitive terms of peace by admitting the right of giving information on the part of the bishops regarding appointments to vacant pastorates, as well as the right of protest on the part of the government against those thus nominated.

§ 197.1. The Aggression of Ultramontanism.―Even in the revolution year, 1848, German ultramontanism, in order to obtain what it called the freedom of the church, had zealously seconded many of the efforts of democratic radicalism. Nevertheless, in the years of reaction that followed, it succeeded in catching most of the influential statesmen on the limed twig of the assurance that the episcopal hierarchy, with its unlimited sway over the clergy and through them over the feelings of the people, constituted the only certain and dependable bulwark against the revolutionary movements of the age, and this idea prevailed down to 1860, and in Prussia down to 1871. But the overthrow of the concordat in Baden, Württemberg and Darmstadt by the states of the realm after a hard conflict, the humiliation of Austria in 1866, and the growth in so threatening a manner since of the still heretical Prussia, produced in the whole German episcopate a terrible apprehension that its hitherto untouched supremacy in the state would be at an end, and in order to ward off this danger it was driven into agitations and demonstrations partly secret and partly open. On 8th October, 1868, the papal nuncio in Munich, Monsignor Meglia, uttered his inmost conviction regarding the Württemberg resident thus: “Only in America, England, and Belgium does the Catholic church receive its rights; elsewhere nothing can help us but the revolution.” And on 22nd April, 1869, Bishop Senestray [Senestrey] of Regensburg declared plainly in a speech delivered at Schwandorff: “If kings will no longer be of God’s grace, I shall be the first to overthrow the throne.... Only a war or revolution can help us in the end.” And war at last came, but it helped only their opponents. Although at its outbreak in 1870 the ultramontane party in South Germany, especially in Bavaria, for the most part with unexampled insolence expressed their sympathy with France, and after the brilliant and victorious close of the war did everything to prevent the attachment of Bavaria to the new German empire, their North German brethren, accustomed to the boundless compliance of the Prussian government, indulged the hope of prosecuting their own ends all the more successfully under the new regime. Even in November, 1870, Archbishop Ledochowski of Posen visited the victorious king of Prussia at Versailles, in order to interest him personally in the restoration of the Papal States. In February, 1871, in the same place, fifty-six Catholic deputies of the Prussian parliament presented to the king, who had meanwhile been proclaimed Emperor of Germany, a formal petition for the restoration of the temporal power of the pope, and soon afterwards a deputation of distinguished laymen waited upon him “in name of all the Catholics of Germany,” with an address directed to the same end. The Bavarian Fatherland (Dr. Sigl) indeed treated it with scorn as a “belly-crawling-deputation, which crawled before the magnanimous hero-emperor, beseeching him graciously to use said deputation as his spittoon.” And the Steckenberger Bote, inspired by Dr. Ketteler, declared: “We Catholics do not entreat it as a favour, but demand it as our right.... Either you must restore the Catholic church to all its privileges or not one of all your existing governments will endure.” At the same time as the insinuation was spread that the new German empire threatened the existence of the Catholic church in Germany, a powerful ultramontane election agitation in view of the next Reichstag was set on foot, out of which grew the party of the “Centre,” so called from sitting in the centre of the hall, with Von Ketteler, Windthorst, Mallinkrodt (died 1874), and the two Reichenspergers, as its most eloquent leaders. Even in the debate on the address in answer to the speech from the throne this party demanded intervention, at first indeed only diplomatic, in favour of the Papal States. In the discussion on the new imperial constitution A. Reichensperger sought to borrow from the abortive German landowners’ bill of 1848, condemned indeed as godless by the syllabus (§ 185, 2), principles that might serve the turn of ultramontanism regarding the unrestricted liberty of the press, societies, meetings, and religion, with the most perfect independence of all religious communities of the State. Mallinkrodt insisted upon the need of enlarged privileges for the Catholic church owing to the great growth of the empire in Catholic territory and population. All these motions were rejected by the Reichstag, and the Prussian government answered them by abolishing in July, 1871, the Catholic department of the Ministry of Public Worship, which had existed since 1841 (§ 193, 2). The Genfer Korrespondenz, shortly before highly praised by the pope, declared: If kings do not help the papacy to regain its rights, the papacy must also withdraw from them and appeal directly to the hearts of the people. “Understand ye the terrible range of this change? Your hours, O ye princes, are numbered!” The Berlin Germania pointed threateningly to the approaching revanche war in France, on the outbreak of which the German empire would no longer be able to reckon on the sympathy of its Catholic subjects; and the Ellwanger kath. Wochenblatt proclaimed openly that only France is able to guard and save the Catholic church from the annihilating projects of Prussia. And in this way the Catholic people throughout all Germany were roused and incited by the Catholic press, as well as from the pulpit and confessional, in home and school, in Catholic monasteries and nunneries, in mechanics’ clubs and peasants’ unions, in casinos and assemblies of nobles. Bishop Ketteler founded expressly for purposes of such agitations the Mainz Catholic Union, in September, 1871, which by its itinerant meetings spread far and wide the flame of religious fanaticism; and a Bavarian priest, Lechner, preached from the pulpit that one does not know whether the German princes are by God’s or by the devil’s grace.

§ 197.2. Conflicts Occasioned by Protection of the Old Catholics, 1871-1872.―That the Prussian government refused to assist the bishops in persecuting the Old Catholics, and even retained these in their positions after excommunication had been hurled against them, was regarded by those bishops as itself an act of persecution of the Catholic church. To this opinion they gave official expression, under solemn protest against all encroachments of the state upon the domain of Catholic faith and law, in a memorial addressed to the German emperor from Fulda, on September 7th, 1871, but were told firmly and decidedly to keep within their own boundaries. Even before this Bishop Krementz of Ermeland had refused the missio canonica to Dr. Wollmann, teacher of religion at the Gymnasium of Braunsberg, on account of his refusing to acknowledge the dogma of infallibility, and had forbidden Catholic scholars to attend his instructions. The minister of public worship, Von Mühler, decided, because religious instruction was obligatory in the Prussian gymnasia, that all Catholic scholars must attend or be expelled from the institution. The Bavarian government followed a more correct course in a similar case that arose about the same time; for it recognised and protected the religious instructions of the anti-infallibilist priest, Renftle in Mering, as legitimate, but still allowed parents who objected to withhold their children from it. And in this way the new Prussian minister, Falk, corrected his predecessor’s mistake. But all the more decidedly did the government proceed against Bishop Krementz, when he publicly proclaimed the excommunication uttered against Dr. Wollmann and Professor Michelis, which had been forbidden by Prussian civil law on account of the infringement of civil rights connected therewith according to canon law. As the bishop could not be brought to an explicit acknowledgment of his obligation to obey the laws of the land, the minister of public worship on October 1st, 1872, stripped him of his temporalities. But meanwhile a second conflict had broken out. The Catholic field-provost of the Prussian army and bishop in partibus, Namszanowski, had under papal direction commanded the Catholic divisional chaplain, Lünnemann of Cologne, on pain of excommunication, to discontinue the military worship in the garrison chapel, which, by leave of the military court, was jointly used by the Old Catholics, and so was desecrated. He was therefore brought before a court of discipline, suspended from his office in May, 1872, and finally, by royal ordinance in 1873, the office of field-provost was wholly abolished.

§ 197.3. Struggles over Educational Questions, 1872-1873.―In the formerly Polish provinces of the Prussian kingdom the Polonization of resident Catholic Germans had recently assumed threatening proportions. The archbishop of Posen and Gnesen, Count Ledochowski, whom the pope during the Vatican Council appointed primate of Poland, was the main centre of this agitation. In the Posen priest seminary he formed for himself, in a fanatically Polish clergy, the tools for carrying it out, and in the neighbouring Schrimm he founded a Jesuit establishment that managed the whole movement. Where previously Polish and German had been preached alternately, German was now banished, and in the public schools, the oversight of which, as throughout all Prussia, lay officially in the hands of the clergy, all means were used to discourage the study of the German language, and to stamp out the German national sentiment. But even in the two western provinces the Catholic public schools were made by the clerical school inspectors wholly subservient to the designs of ultramontanism. In order to stem such disorder the government, in February, 1872, sanctioned the School Inspection Law passed by the parliament, by which the right and duty of school inspection was transferred from the church to the state, so that for the sake of the state the clerical inspectors hostile to the government were set aside, and where necessary might be replaced by laymen. A pastoral letter of the Prussian bishops assembled at Fulda in April of that year complained bitterly of persecution of the church and unchristianizing of the schools, but advised the Catholic clergy under no circumstances voluntarily to resign school inspection where it was not taken from them. By a rescript of the minister of public worship in June, the exclusion of all members of spiritual orders and congregations from teaching in public schools was soon followed by the suppression of the Marian congregations in all schools, and it was enjoined in March, 1873, that in Polish districts, where other subjects had been taught in the higher educational institutions in the German language, this also would be obligatory in religious instruction. Ledochowski indeed directed all religious teachers in his diocese to use the Polish language after as they had done before, but the government suspended all teachers who followed his direction, and gave over the religious instruction to lay teachers. The archbishop now erected private schools for the religious instruction of gymnasial teachers, and the government forbad attendance at them.

§ 197.4. The Kanzelparagraph and the Jesuit law, 1871-1872.―While thus the Prussian government took more and more decided measures against the ultramontanism that had become so rampant in its domains, on the other hand, its mobile band of warriors in cassock, dress coat, and blouse did not cease to labour, and the imperial government passed some drastic measures of defence applicable to the whole empire. At the instance of the Bavarian government, which could not defend itself from the violence of its “patriots,” the Federal Council asked the Reichstag to add a new article to the penal code of the empire, threatening any misuse of the pulpit for political agitation with imprisonment for two years. The Bavarian minister of public worship, Lutz, undertook himself to support this bill before the Reichstag. “For several decades,” he said, “the clergy in Germany have assumed a new character; they are become the simple reflection of Jesuitism.” The Reichstag sanctioned the bill in December, 1871. Far more deeply than this so-called Kanzelparagraph, the operation of which the agitation of the clergy by a little circumspection could easily elude, did the Jesuit Law, published on July 4th, 1872, cut into the flesh of German ultramontanism. Already in April of that year had a petition from Cologne demanding the expulsion of the Jesuits been presented to the Reichstag. Similar addresses flowed in from other places. The Centre party, on the other hand, organized a regular flood of petitions in favour of the Jesuits. The Reichstag referred both to the imperial chancellor, with the request to introduce a law against the movements of the Jesuits as dangerous to the State. The Federal Council complied with this request, and so the law was passed which ordained the removal of the Jesuits and related orders and congregations, the closing of their institutions within six months, and prohibited the formation of any other orders by their individual members, and the government authorised the banishment of foreign members and the interning of natives at appointed places. A later ordinance of the Federal Council declared the Redemptorists, Lazarists, Priests of the Holy Ghost, and the Society of the Heart of Jesus to be orders related to the Society of Jesus. Those affected by this law anticipated the threatened interning by voluntarily removing to Belgium, Holland, France, Turkey, and America.

§ 197.5. The Prussian Ecclesiastical Laws, 1873-1875.―In order to be able to check ultramontanism, even in its pædagogical breeding places, the episcopal colleges and seminaries, and at the same time to restrict by law the despotic absolutism of the bishops in disciplinary and beneficiary matters, the Prussian government brought in other four ecclesiastical bills, which in spite of violent opposition on the part of the Centre and the Old Conservatives, were successively passed by both houses of parliament, and approved by the king on May 11th, 12th, 13th, and 14th, 1873. Their most important provisions are: As a condition for admission to a spiritual office the state requires citizenship of the German empire, three years’ study at a German university, and, besides an exit gymnasial examination preceding the university course, a state examination in general knowledge (in philosophy, history, and German literature), in addition to the theological examination. The episcopal boys’ seminaries and colleges are abolished. The priest seminaries, if the minister of worship regards them as fit for the purpose, may take the place of the university course, but must be under regular state inspection. The candidates for spiritual offices, which must never be left vacant more than a year, are to be named to the chief president of the province, and he can for cogent reasons lodge a protest against them. Secession from the church is freely allowed, and releases from all personal obligations to pay ecclesiastical dues and perform ecclesiastical duties. Excommunication is permissible, but can be proclaimed only in the congregation concerned, and not publicly. The power of church discipline over the clergy can be exercised only by German superiors and in accordance with fixed processional procedure. Corporal punishment is not permissible, fines are allowed to a limited extent, and restraint by interning in so-called Demeriti houses, but only at furthest of three months, and when the party concerned willingly consents. Church servants, whose remaining in office is incompatible with the public order, can be deposed by civil sentence. And as final court of appeal in all cases of complaint between ecclesiastical and civil authorities as well as within the ecclesiastical domain, a royal court of justice for ecclesiastical affairs is constituted, whose proceedings are open and its decision final.―But even the May Laws soon proved inadequate for checking the insolence of the bishops and the disorders among the Catholic population occasioned thereby. In December, 1873, therefore, by sovereign authority there was prescribed a new formula of the episcopal Oath of Allegiance, recognising more distinctly and decisively the duty of obedience to the laws of the state. Then next a bill was presented to the parliament, which had been kept in view in the original constitution, demanding obligatory civil marriage and abolition of compulsory baptism, as well as the conducting of civil registration by state officials. In February, 1874, it was passed into law. On the 20th and 21st May, 1874, two other bills brought in for extending the May Laws of the previous year, in consequence of which a bishop’s see vacated by death, a judicial sentence, or any other cause, must be filled within the space of a year, and the chapter must elect within ten days an episcopal administrator, who has to be presented to the chief president, and to undertake an oath to obey the laws of the state. If the chapter does not fulfil these requirements, a lay commissioner will be appointed to administer the affairs of the diocese. During the episcopal vacancy, all vacant pastorates, as well as all not legally filled, can be at once validly supplied by the act of the patron, and, where no such right exists, by congregational election. Parochial property, on the illegal appointment of a pastor, is given over to be administered by a lay commissioner.―The empire also came to the help of the May Laws by an imperial enactment of May 4th, 1874, sanctioned by the emperor, which empowers the competent state government to intern all church officers discharged from their office and not yielding submission thereto, as well as all punished on account of incompetence in their official duties, and, if this does not help, to condemn them to loss of their civil rights and to expulsion from the German federal territory.―Also in its next session the imperial house of representatives again gave legislative sanction to the Kulturkampf; for in January, 1875, it passed a bill presented by the Federal Council on the deposition on oath as to personal rank, and on divorce with obligatory civil marriage, which, going far beyond the Prussian civil law of the previous year, and especially ridding Bavaria of its strait-jacket canon marriage law enforced by the concordat, abolished the spiritual jurisdiction in favour of that of the civil courts, and gave it to the state to determine the qualifications for, as well as the hindrances to, divorce, without, however, touching the domain of conscience, or entrenching in any way upon the canon law and the demands of the church.

§ 197.6. Opposition in the States to the Prussian May Laws.―Bishop Martin of Paderborn had even beforehand refused obedience to the May Laws of 1873. After their promulgation, all the Prussian bishops collectively declared to the ministry that “they were not in a position to carry out these laws,” with the further statement that they could not comply even with those demands in them which in other states, by agreement with the pope, are acknowledged by the church, because they are administered in a one-sided way by the state in Prussia. On these lines also they proceeded to take action. First of all, the refractoriness of several of the seminaries drew down upon them the loss of endowment and of the right of representation; and in the next place, the refusal of the bishops to notify their appointment of clergymen led to their being frequently fined, while the church books and seals were taken away from clergymen so appointed, all the official acts performed by them were pronounced invalid in civil law, and those who performed them were subjected to fines. But here, too, again Bishop Martin, well skilled in church history (he had been previously professor of theology in Bonn), had beforehand in a pastoral instructed his clergy that “since the days of Diocletian there had not been seen so violent a persecution of the name of Jesus Christ.” Soon after this Archbishop Ledochowski, in an official document addressed to the Chief President of Poland, compared the demand to give notification of clerical appointments with the demand of ancient Rome upon Christian soldiers to sacrifice to the heathen gods. And by order of the pope prayers were offered in all churches for the church so harshly and cruelly persecuted. And yet the whole “persecution” then consisted in nothing more than this, that a newly issued law of the state, under threat of fine in case of disobedience, demanded again of the bishops paid by the state what had been accepted for centuries as unobjectionable in the originally Catholic Bavaria, and also for a long while in France, Portugal, and other Romish countries, what all Prussian bishops down to 1850 (§ 193, 2) had done without scruple, what the bishops of Paderborn and Münster even had never refused to do in the extra-Prussian portion of these dioceses (Oldenburg and Waldeck), as also the Prince-Bishop of Breslau, since the issuing of the similar Austrian May Laws (§ 198, 4) in the Austro-Silesian part of his diocese, what the episcopal courts of Württemberg and Baden had yielded to, although in almost all these states the demand referred to broke up the union with the papal curia. Yet before a year had passed the cases of punishment for these offences had so increased that the only very inadequate fines that could be exacted by the seizure of property had to be changed into equivalent sentences of imprisonment. The first prelate who suffered this fate was Archbishop Ledochowski, in February, 1874. Then followed in succession: Eberhard of Treves, Melchers of Cologne, Martin of Paderborn, and Brinkmann of Münster. The ecclesiastical court of justice expressly pronounced deposition against Ledochowski in April, 1874; against Martin in January, 1875, and against the Prince-Bishop Förster of Breslau in October, 1875, who alone had dared to proclaim in his diocese the encyclical Quod nunquam (§ 197, 7). But the latter had even beforehand withdrawn the diocesan property to the value of 900,000 marks to his episcopal castle, Johannisberg, in Austro-Silesia, where with a truly princely income from Austrian funds he could easily get over the loss of the Prussian part of his revenues. Martin, who had been interned at Wesel, fled in August, 1875, under cloud of night, to Holland, from whence he transferred his agitations into Belgium, and finally to London (died 1879). Ledochowski found a residence in the Vatican. Brinkmann was deposed in March, and Melchers in June, 1876, after both had beforehand proved their enjoyment of martyrdom by escaping to Holland. Eberhard of Treves anticipated his deposition from office by his death in May, 1876. Blum of Limburg was deposed in June, 1877, and Beckmann of Osnabrück died in 1878.―In the Prussian parliament and German Reichstag the Centre party, supported by Guelphs, Poles, and the Social Democrats, had meanwhile with anger, scorn, and vituperation, with and without wit, fought not only against all ecclesiastical, but also against all other legislative proposals, whose acceptance was specially desired by the government. And all the representatives of the ultramontane press within and without Europe vied with one another in violent denunciation of the ecclesiastical laws, and in unmeasured abuse of the emperor and the empire. But almost without exception the Roman Catholic officials in Prussia, as well as the Protestants and Old Catholics, carried out “the Diocletian persecution of Christians” in the judicial and police measures introduced by the church laws. A number of Catholic notables of the eastern provinces of their own accord, in a dutiful address to the emperor, expressly accepted the condemned laws, and won thereby the nickname of “State Catholics.” The great mass of the Catholic people, high and low, remained unflinchingly faithful to the resisting clergy in, for the most part, only a passive opposition, although even, as the Berlin Germania expressed it, “the Catholic rage at the Bismarckian ecclesiastical polity could condense itself into one Catholic head” in a murderous attempt on the chancellor in quest of health at Kissingen, on July 13th, 1874. It was the cooper, Kullmann, who, fanaticised by exciting speeches and writings in the Catholic society of Salzwedel, sought to take vengeance, as he himself said, upon the chancellor for the May Laws and “the insult offered to his party of the Centre.”―In the further course of the Prussian Kulturkampf, however, fostered by the aid of the confessional, the insinuating assiduity of the clerical press, and the all-prevailing influence of the thoroughly disciplined Catholic clergy over the popish masses, the Centre grew in number and importance at the elections from session to session, so that from the beginning of 1880, by the unhappy division of the other parties in the Reichstag as well as Chamber, it united sometimes with the Conservatives, sometimes and most frequently with the Progressionists and Democrats renouncing the Kulturkampf, and was supported on all questions by Poles, Danes, Guelphs, and Alsatian-Lorrainers, as clerical interest and ultramontane tactics required, in accordance with the plan of campaign of the commander-in-chief, especially of the quondam Hanoverian minister, Windthorst, dominated far more by Guelphic than by ultramontane tendencies. The Centre was thus able to turn the scale, until, at least in the Reichstag, after the dissolution and new election of 1887, its dominatory power was broken by the closer combination of the conservative and national liberal parties.

§ 197.7. Share in the Conflict taken by the Pope.―Pius IX. had congratulated the new emperor in 1871, trusting, as he wrote, that his efforts directed to the common weal “might bring blessing not only to Germany, but also to all Europe, and might contribute not a little to the protection of the liberty and rights of the Catholic religion.” And when first of all the Centre party, called forth by the election agitation of German ultramontanism, opened its politico-clerical campaign in the Reichstag, he expressed his disapproval of its proceedings upon Bismarck’s complaining to the papal secretary Antonelli. Yet a deputation of the Centre sent to Rome succeeded in winning over both. In order to build a bridge for the securing an understanding with the curia, now that the conflict had grown in extent and bitterness, the imperial government in May, 1872, appointed the Bavarian Cardinal Prince Hohenlohe to the vacant post of ambassador to the Vatican. But the pope, with offensive recklessness, rejected the well-meant proposal, and forbade the cardinal to accept the imperial appointment. From that time he gave free and public expression on every occasion to his senseless bitterness against the German empire and its government. In an address to the German Reading Society at Rome in July, 1872, he allowed himself to use the most violent expressions against the German chancellor, and closed with the prophetic threatening: “Who knows but the little stone shall soon loose itself from the mountain (Dan. ii. 34), which shall break in pieces the foot of the colossus?” But even this diatribe was cast in the shade by the Christmas allocution of that year, in which he was not ashamed to characterize the procedure of the German statesmen and their imperial sovereign as “impudentia.” And after the publication of the first May Laws he addressed a letter to the emperor, in which, founding upon the fact that even the emperor like all baptized persons belonged to him, the pope, he cast in his teeth that “all the measures of his government for some time aimed more and more at the annihilation of Catholicism,” and added the threatening announcement that “these measures against the religion of Jesus Christ can have no other result than the overthrow of his own throne.” The emperor in his answer made expressly prominent his divinely appointed call as well as his own evangelical standpoint, and with becoming dignity and earnestness decidedly repudiated the unmeasured assumptions of the papacy, and published both letters. In the same style of immoderate pretension the pope again, in November, 1875, in one encyclical after another, gave vent to his anger against emperor and empire, especially its military institutions. In place of the deposed and at that time imprisoned archbishop, Ledochowski, he appointed in 1874 a native apostolic legate, who was at last ascertained to be the Canon Kurowski, when he was in October, 1875, condemned to two years’ imprisonment. But the pope took the most decided and successful step by the Encyclical Quod nunquam, of 5th February, 1875, addressed to the Prussian episcopate, in which he characterized the Prussian May Laws as “not given to free citizens to demand a reasonable obedience, but as laid upon slaves, in order to force obedience by fears of violence,” and, “in order to fulfil the duties of his office,” declared quite openly to all whom it concerns and to the Catholics throughout the world: “Leges illas irritas esse, utpote quæ divinæ Ecclesiæ constitutioni prorsus adversantur;” but upon those “godless” men who make themselves guilty of the sin of assuming spiritual office without a divine call, falls eo ipso the great excommunication. On the other hand he rewarded, in March, 1875, Archbishop Ledochowski, then still in prison, but afterwards, in February, 1876, settled in Rome, for his sturdy resistance of those laws, with a cardinal’s hat, and to the not less persistent Prince-Bishop Förster of Breslau he presented on his jubilee as priest the archiepiscopal pall. In the next Christmas allocution he romanced about a second Nero, who, while in one place with a lyre in his hand he enchanted the world by lying words, in other places appeared with iron in his hand, and, if he did not make the streets run with blood, he fills the prisons, sends multitudes into exile, seizes upon and with violence assumes all authority to himself. Also to the German pilgrims who went in May, 1877, to his episcopal jubilee at Rome, he had still much that was terrible to tell about this “modern Attila,” leaving it uncertain whether he intended Prince Bismarck or the mild, pious German emperor himself.

§ 197.8. The Conflict about the Encyclical Quod nunquam of 1875.―By this encyclical the pope had completely broken up the union between the Prussian state and the curia, resting upon the bull De salute animarum (§ 193, 1); for he, bluntly repudiating the sovereign rights of the civil authority therein expressly allowed, by pronouncing the laws of the Prussian state invalid, authorized and promoted the rebellion of all Catholic subjects against them. The Prussian government now issued three new laws quickly after one another, cutting more deeply than all that went before, which without difficulty received the sanction of all the legislative bodies.

The so called Arrestment Act (Sperrgesetz) of April 22nd, 1875, which ordered the immediate suspension of all state payments to the Roman Catholic bishoprics and pastorates until those who were entitled to them had in writing or by statement declared themselves ready to yield willing obedience to the existing laws of the state.

A law of May 31st, 1875, ordering the Expulsion of all Orders and such like Congregations within eight months, the minister of public worship, however, being authorized to extend this truce to four years in the case of institutions devoted to the education of the young, while those which were exclusively hospital and nursing societies were allowed to remain, but were subject to state inspection and might at any time be suppressed by royal order.

A law of June 12th, 1875, declaring the formal Abrogation of the Fifteenth, Sixteenth, and Eighteenth Articles of the Constitution (§ 193, 2).

And finally in addition there came the enforcement during this session of the Chamber of laws previously introduced on the rights of the Old Catholics (§ 190, 2), and, on June 20th, 1875, on the administration of church property in Catholic parishes. The latter measures aimed at withdrawing the administration referred to from the autocratic absolutism of the clergy, and transferring it to a lay commission elected by the community itself, of which the parish priest was to be a member, but not the president. Although the Archbishop of Cologne in name of all the bishops before its issue had solemnly protested against this law, because by it “essential and inalienable rights of the Catholic church were lost,” and although the recognition of it actually involved recognition of the May Laws and the ecclesiastical court of justice, yet all the bishops declared themselves ready to co-operate in carrying out the arrangements for surrendering the church property to the administration of a civil commission. They thus indeed secured thoroughly ultramontane elections, but at the same time put themselves into a position of self-contradiction, and admitted that the one ground of their opposition to the May Laws, that they were one-sidedly wrought by the state, was null and void.

§ 197.9. Papal Overtures for Peace.―Leo XIII., since 1878, intimated his accession to the Emperor William, and expressed his regret at finding that the good relations did not continue which formerly existed between Prussia and the holy see. The Emperor’s answer expressed the hope that by the aid of his Holiness the Prussian bishops might be induced to obey the laws of the land, as the people under their pastoral care actually did; and afterwards while in consequence of the attempt on his life of June 2nd, 1873, he lay upon a sickbed, the crown prince on June 10th answered other papal communications by saying, that no Prussian monarch could entertain the wish to change the constitution and laws of his country in accordance with the ideas of the Romish church; but that, even though a thorough understanding upon the radical controversy of a thousand years could not be reached, yet the endeavour to preserve a conciliatory disposition on both sides would also for Prussia open a way to peace which had never been closed in other states. Three weeks later the Munich nuntio Masella was at Kissingen and conferred with the chancellor, Prince Bismarck, who was residing there, about the possibility of a basis of reconciliation. Subsequently negotiations were continued at Gastein, and then in Vienna with the there resident nuntio Jacobini, but were suspended owing to demands by the curia to which the state could not submit. Still the pope attempted indirectly to open the way for renewed consultation, for he issued a brief dated February 24th, 1880, to “Archbishop Melchers of Cologne” (deposed by the royal court of justice), in which he declared his readiness to allow to the respective government boards notification of new elected priests before their canonical institution. Thereupon a communication was sent to Cardinal Jacobini that the state ministry had resolved, so soon as the pope had actually implemented this declaration of his readiness, to make every effort to obtain from the state representatives authority to set aside or modify those enactments of the May Laws which were regarded by the Romish church as harsh. But the pope received this compromise of the government very ungraciously and showed his dissatisfaction by withdrawing his concession, which besides referred only to the unremovable priests, therefore not to Hetzkaplane and succursal or assistant priests, and presupposed the obtaining the “agrément,” i.e. the willingly accorded consent, of the state, without by any means allowing the setting aside of the party elected.

§ 197.10. Proof of the Prussian Government’s willingness to be Reconciled, 1880-1881.―Notwithstanding this brusque refusal on the part of the papal curia, the government, at the instance of the minister of public worship, Von Puttkamer (§ 193, 6), resolved in May, 1880, to introduce a bill which gave a wide discretionary power for moderating the unhappy state of matters that had prevailed since the passing of the May Laws, throughout Catholic districts, where 601 pastorates stood wholly vacant and 584 partly so, and nine bishoprics, some by death and others by deposition. Although the need of peace was readily admitted on both sides, the Liberals opposed these “Canossa proposals” as far too great; the Centre, Poles, and Guelphs as far too small. Yet it obtained at last in a form considerably modified, through a compromise of the conservatives with a great part of the national liberals the consent of both chambers. This law, sanctioned on July 14th, 1880, embraced these provisions:

1. The royal court shall no longer depose from office any church officers, but simply pronounce incapable of administering the office;

2-4. The ministry of the state is authorized to give the episcopal administrator charged by the church with the interim administration of a vacant bishopric a dispensation from the taking of the prescribed oath; further, an administration by commission of ecclesiastical property may be revoked as well as appointed; also state endowments that had been withdrawn are to be restored for the benefit of the whole extent of the diocese;

5. Spiritual official acts of a duly appointed clergyman by way merely of assistance in another vacant parish are to be allowed;

6. The minister of the interior and of public worship are empowered to approve of the erection of new institutions of religious societies which are devoted wholly to the care of the sick, as to allow revocably to them the care and nurture of children not yet of school age; and more recently added were

7. The particular, according to which Articles 2, 3, and 4 cease to operate after January 1st, 1882.

The government was particularly careful to carry out the provisions temporarily recognised in Article 3, for the restoration of orderly episcopal administration by regularly elected episcopal administrators in bishoprics made vacant by death. Fulda, which was longest vacant, from October, 1873, had to be left out of account, since in that case there was only one member of the chapter left and so a canonical election was impossible. But without difficulty in March, 1881, the Vicar-General Dr. Höting for Osnabrück and Canon Drobe for Paderborn, without taking the oath of allegiance, succeeded in obtaining independent administration of the property as well as the restoration of state pay for the entire dioceses, though they did not give the notification required by the May Laws for the interim administration. In October, 1881, the deposed Prince Bishop Förster of Breslau died, and the suffragan bishop, Gleich, elected by the chapter, undertook with consent of the government the office of episcopal administrator.―Meanwhile the pope, by a hearty letter of congratulation to the emperor on his birthday, March 22nd, had given new life to the suspended peace negotiations. And now also, when the respective chapters transferred their right of election to the pope, the orderly appointments of the Canon Dr. Korum of Metz, a pupil of the Jesuit faculty of Innspruck [Innsbrück], very warmly recommended by Von Manteuffel, governor of Alsace and Lorraine, to the episcopal see of Treves, in August, 1881, of Vicar-General Kopp of Hildesheim to Fulda in December, 1881, of the episcopal administrators Höting and Drobe, in March and May, 1882, respectively to Osnabrück and Paderborn, were duly carried into effect. For Breslau the chapter drew up a list of seven candidates, but the government pointed out the Berlin provost, Rob. Herzog, as a mild and conciliatory person. The chapter now laid its right of election in the hands of the pope, and in May, 1882, Herzog was raised to the dignity of prince-bishop. There now remained vacant only the sees of Cologne, Posen, Limburg and Münster, which had been emptied by the depositions of the civil courts.―Meanwhile, too, the negotiations carried on at the instance of the government by privy councillor Von Schlözer, with the curia at Rome for the restoration of the embassy to the Vatican had been brought to a close. The chamber voted for this purpose an annual sum of 90,000 marks, and Schlözer himself was appointed to the post in March, 1882.

§ 197.11. Conciliatory Negotiations, 1882-1884.―With January 1st, 1882, the three enactments of the July law of 1880, which might be enforced at the discretion of the government, ceased to operate. Von Gossler, minister of public worship since June, 1881, on behalf of government, introduced a new bill into the Chamber on January 16th, 1882, for their re-enactment and extension, which by a compromise between the Conservatives and the Centre, after various modifications secured a majority in both houses. This second revised law embraced the following points:

Renewal of the three above-named enactments till April 1st, 1884;

Restoration of the “Bishop’s Paragraph,” lost in 1880, in this new form: If the king has pardoned a bishop set aside by the ecclesiastical court, he becomes again the bishop of his diocese recognised by the state;

The setting aside of the examination in general knowledge (Kulturexamen) for those who bring a certificate of having passed the Gymnasium exit examination, or have attended with diligence lectures on philosophy, history and German literature during a three years’ course at a German university, or at a Prussian seminary of equal rank, and have given proof of this by presenting evidence to the chief president;

The setting aside of the rights of the patron and congregation of themselves filling the vacant pastorates during a vacancy in the episcopal see.

The new law obtained royal sanction on May 31st, 1882. But its two most important articles, 2 and 3, remained for a long time a dead letter, and even Article 1 was only carried out by the resumption of the state emoluments for the Hohenzollerns and the five newly instituted bishoprics (§ 197, 10), but not for the other seven. But the ill humour of the ultramontane Hotspurs was raised to the boiling point by the fate of the bill introduced by the Centre into the Reichstag to set aside the Expatriation Law of May 4th, 1874, which seemed to the government indispensable on account of its applicability to the agitations against the empire of the Polish clergy. This bill, after violent debates, was carried on January 18th, 1882, by a two-thirds majority; but it was cast out by the Federal Council on June 6th, almost unanimously, only Bavaria and Reuss jüngere Linie voting in its favour. This was the result mainly of the failure of all the attempts of Von Schlözer to render the government’s concessions acceptable to the papal curia.―On the other hand, the government of its own accord brought in a third revision scheme in June, 1883, by which it sought to relieve as far as possible the troubles of the Catholic church. By adopting this law:

The obligation of notification on the part of the bishops and the right of the state to protest on the change of temporary assistants and substitutes into regular spiritual officers, were abolished; as also

the competence of the court for ecclesiastical affairs in appeals against the protest of the chief president, which now therefore, according to the generally prevailing rule, are referred to the minister of worship, the whole ministry, the parliament, the king;

the immunity from punishment in the execution of their office guaranteed in Article 5 of the July law of 1880 (§ 197, 10) was extended to all spiritual offices whether vacant or not;

the ordaining of individual candidates in vacant dioceses by bishops recognised by the state was declared to be legal.

In spite of repeated declarations of the curia that it could and would agree to the notification only after a previous sufficient guarantee of perfectly free training of the clergy and free administration of the spiritual office, the king while residing at the Castle of Mainau on Lake Constance, on July 11th, 1883, sanctioned the so-called Mainau Law that had passed both houses, and on the 14th, the minister of public worship demanded that the Prussian bishops, without making notification, should fill up vacancies in pastorates by appointing assistants, and should name those candidates who were eligible for such appointment under the conditions of the May Law of the previous year (§ 197, 3). The pope at last, in September, 1883, allowed the dispensation required, but for that time only and without prejudice for the future. By the end of May, 1,884 applications had been made to the senior of the Prussian episcopate appointed to receive such, Marnitz of Kulm, by 1,443 clergymen, of whom the government rejected only 178 who had studied at the Jesuit institutions of Rome, Louvain, and Innsbrück.―In December, 1883, Bishop Blum of Limburg, and in January, 1884, Brinkmann of Münster were restored by royal grace, and for both dioceses, as well as for Ermeland, Kulm and Hildesheim, and at last also on March 31st, shortly before the closing of the door, even for Cologne, in this case, however, revocably, the arrest of salaries ceased, so that only the two archiepiscopal sees of Cologne and Posen remained vacant, and only Posen continued bereft of its endowments. On the other hand the government allowed the three discretionary enactments that were in operation till April 1st, 1884, to lapse without providing for their renewal. Also the proposal for abolishing the Expatriation Law of November, 1884, introduced anew by the Centre and again adopted by the Reichstag by a great majority, was thrown out by the Federal Council; but in the beginning of December, on the opening of the new Reichstag, it was again brought in by the Centre and passed, but was left quite unnoticed by the Federal Council. The repeated motions of the Centre for payment of the bishops’ salaries from the state exchequer, as well as for immunity to those who read mass and dispensed the sacraments, were again thrown out by the House of Deputies in April, 1885.

§ 197.12. Resumption on both sides of Conciliatory Measures, 1885-1886.―The next subject of negotiation with the curia was the re-institution of the archiepiscopal see of Posen-Gnesen. In March, 1884, the pope had nominated Cardinal Ledochowski secretary of the committee on petitions, in which capacity he had to remain in Rome. He now declared himself willing to accept Ledochowski’s resignation of the archbishopric if the Prussian government would allow a successor who would possess the confidence of the holy see as well as of the Polish inhabitants of the diocese. But of the three noble Polish chauvinists submitted by the Vatican the government could accept none. Since further no agreement could be reached on the question of the bishop’s obligation to make notification and the state’s right to protest, the negotiations were for a long time at a standstill, and were repeatedly on the point of being broken off. But from the middle of 1885, a conciliatory movement gained power, through the counsels of the more moderate party among the cardinals. Archbishop Melchers, who lived as an exile in Maestricht, was called to Rome, and as a reward for his assistance was made cardinal, and the pope consecrated as his successor in the archbishopric of Cologne, Bishop Krementz of Ermeland (§ 197, 2), who also was acknowledged by the Prussian government and introduced to Cologne on December 15th, 1885, with great pomp, with 20,000 torches and twenty bands of music. After a long list of candidates had been set aside by one side and the other, some here, some there, the pope at last fell from his demand for one of Polish nationality, and in March, 1886, appointed to the vacant see Julius Dinder, dean of Königsberg, a German by nation but speaking the Polish language.―Meanwhile at other points advance was made in the peaceful, yea, even friendly, relations between the pope and the Prussian government. The diplomatist Leo showed his admiring regard for the diplomatist Bismarck by sending him a valuable oil-painting of himself by a Münich [Munich] master, and the latter astonished the world by making the pope umpire in a threatening conflict with Spain on the possession of the Caroline islands. His decision on the main question was indeed in favour of Spain, but not unimportant concessions were also made to Germany. The pope sent the prince two Latin poems as pretium affectionis, and conferred upon him, the first Protestant that had ever been so honoured, at the close of 1885 or beginning of 1886, the highest papal order, the insignia of the Order of Christ, with brilliants, after the cardinal secretary of state Jacobini as president of the papal court of arbitration had been rewarded with the Prussian order of the Black Eagle, and the other members of the court with other high Prussian orders; and at the end of April, 1886, the German emperor sent the pope himself thanks for his mediation, with an artistic and costly Pectoral (§ 59, 7) worth 10,000 marks.―The government had, meanwhile, on February 15th, 1886, brought in a new proposal of revision of church polity, the fourth, and in order to secure the advice of a distinguished representative of the Prussian episcopate, called Bishop Kopp of Fulda to the House of Peers. But as his demands for concessions, suggested to him, not by the pope, but by the Centre, went far beyond what was proposed, they were for the most part decidedly opposed by the minister of worship and rejected by the house. The law confirmed by the king on May 24th, 1886, made the following changes: Complete abolition of the examination in general culture; freeing of the seminaries recognised by the minister as suitable for clerical training, as well as faculties established in universities, seminaries and gymnasia from any special state inspection (as laid down in the May Laws), and subjecting such to the common laws affecting all similar educational institutions. Removal of restrictions requiring ecclesiastical disciplinary procedure to be only before German ecclesiastical courts; Abolition of the Court for Ecclesiastical Affairs and transference of its functions partly to the ministry of worship, which now as court of appeal in matters of church discipline dealt only with those cases which entailed a loss or reduction of official income, partly to the Berlin supreme court, which has jurisdiction in case of a breach of the law of the state by a church officer as well as in case of a refusal to fulfil the oath of obedience; The discretionary enactments of the government of 1880 (§ 197, 10) are again enforced and the modifications of these in Article 6 of that law are extended to all other institutions engaged on the home propaganda; All reading of private masses and dispensing of sacraments are no longer subjected to the infliction of penalties.―Some weeks before royal sanction was given to this law, Cardinal Jacobini had, at the instance of the pope, expressed his profound satisfaction with the success of the advice in the House of Peers, as also particularly at the prospect of other concessions promised by the government. In an official communication to the president of the House of Deputies, he proposed the addition that the notification of new appointments to vacant pastorates should begin from that date. In August there followed, on the part of the government, the hitherto refused dispensation for those trained by the Jesuits in Rome and Innsbrück, and in November, with consent of the minister of public worship, the re-opening of the episcopal seminaries at Fulda and Treves.