Part 40

§ 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.