Part 37

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

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

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

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

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

2. Strengthening of the lay element in all synods; and

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

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

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

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

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

3. A law dealing with _Emeriti_,

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