Part 45

In vain did the pope by an encyclical seek to rouse the episcopate to violent opposition, in vain did he adjure the emperor in a letter in his own hand not to suffer the church to be put into such disgraceful bondage; the House of Deputies approved the four bills, and the emperor in =May, 1874=, confirmed at least the first three, while the fourth was being debated in the House of Peers. The bishops now issued a joint declaration that they could obey these laws only in so far as they “were in harmony with the demands of justice as stated in the concordat.” But it did not go to the length of actual conflict. Neither to the pope and episcopate, nor to the government was such a thing convenient at the time. Hence the attitude of reserve on both sides, which kept everything as it had been. And when notwithstanding Bishop Rudigier of Linz, threatened with fines on account of his refusal to notify the newly appointed priests, appealed to the pope, he obtained through the Vienna nuncio permission to yield on this point, “_non dissentit tolerari posse_.” But all the more urgently did the nuncio strive to prevent the passing of the sweeping cloister law. In January, 1876, it was passed in the House of Peers with modifications, to which, however, the emperor refused his assent. Also the revised marriage law of the same date, which removed the hindrances to marriage incorporated even in the book of civil law, and no longer recognised differences of religion, Christians and non-Christians, the remarriage of separated parties of whom at the time of the first marriage only one party belonged to the Catholic church, higher consecration and the vows of orders, did not pass the House of Peers.

§ 198.7. =The Protestant Church in the Transleithan Provinces.=--In =Hungary= since 1833 the Reichstag had by bold action won for the Protestants full equality with the Catholics, but in consequence of the revolution, the military lordship of the Protestant Haynau in 1850 again put in fetters all independent life in both Protestant churches. The Haynau decree was, indeed, again abrogated in 1854, but full return to the earlier autonomy of the church, in spite of all petitions and deputations, could never be regained, all the less as Hungary in all too decided a manner rejected the constitutional proposals submitted by the Government in 1856. The liberal imperial patent of September 1st, 1859, which secured independent administration and development to the Protestant church in the crown possessions of Hungary, got no better reception. In the German-Slavonian districts of North Hungary, as well as in Croatia, Slavonia, and Austrian Servia, it was greeted with jubilation and gratitude, but the Magyar Hungarians declined on many, for the most part frivolous, grounds, mainly because it emanated from the emperor, and did not originate in an autonomous synod. When the government showed its intention of going forward with it, the opposition was carried to the utmost extreme, so that the emperor was obliged temporarily to suspend proceedings in May, 1860. Still the ecclesiastical joined with the political movement continued to increase until in 1867 the imperial chancellor, Von Beust, succeeded in quieting both for a time by the Hungarian Agreement. On June 8th of that year, the emperor, Francis Joseph, on ratifying the agreement, was solemnly crowned King of Hungary. The hated patent had been shortly before revoked by an imperial edict, with the direction to order church matters in a constitutional way. After a complete reconciliation, at a General Protestant Convention in December, 1867, with the Patent congregations, hitherto denounced as unpatriotic, it was concluded that to the state belonged only a right of protection and oversight of the church, which is autonomous in all its internal affairs, but to all confessions perfect freedom in law, and that there should be not a separate religious legislation for each, but a common one for all confessions. A committee first appointed in 1873 for this purpose, with the motto, “A Free Church in a Free State,” constituted, and then adjourned _ad kalendas Græcas_.

§ 199. SWITZERLAND.

The Catholic church of Switzerland, after long continued troubles, obtained again a regular hierarchical organization in 1828. Since that time the Jesuits settled there in crowds, and assumed to themselves in most of the Catholic cantons the whole direction of church and schools. The unfortunate issue of the cantonal war of 1847 led indeed to their banishment by law, but, favoured by the bishops, they knew how still to re-enter by back doors and secretly to regain their earlier influence. The city of Calvin was the centre of their plots, not only for Switzerland, but also for all Cisalpine Europe, until at last the overstrained bow broke, and the Swiss governments became the most decided and uncompromising opponents of the ultramontane claims. In 1873 the papal nuncio, in consequence of a papal encyclical insulting the government, was banished.--In Protestant Switzerland, besides the destructive influence of the Illumination, antagonistic to the church, and radical liberalism, there appeared a soil receptive of pietism, separatism, and fanaticism, whose first cultivation has been ascribed to Madame Krüdener (§ 176, 2). In the Protestant church of German Switzerland the religious and theological developments stood regularly in lively connexion with similar movements in Germany, while those in the French cantons received their impulse and support from France and England. From France, to which they were allied by a common language, they learned the unbelief of the encyclopædists (§ 165, 14), while travelling Englishmen and those residing in the country for a longer period introduced the fervour and superstition of Methodism and other sects.

§ 199.1. =The Catholic Church in Switzerland till 1870.=--The ecclesiastical superintendence of Catholic Switzerland was previously subject to the neighbouring foreign bishoprics. But for immediate preservation of its interests the curia had appointed a nunciature at Lucerne in 1588. When now, in 1814, the liberal Wessenberg (§ 187, 3), already long suspected of heresy, was called as coadjutor to Constance, the nuncio manœuvred with the Catholic confederates till these petitioned the pope for the establishment of an independent and national bishopric. But when each of the cantons interested claimed to be made the episcopal residence negotiations were at last suspended, and in 1828 six small bishoprics were erected under immediate control of Rome. At the end of 1833 the diocesan representatives of Basel and St. Gall assembled in Baden to consult about the restoration of a national Swiss Metropolitan Union and a common state church constitution for securing church and state against the encroachments of the Romish hierarchy. But Gregory XIV. condemned the articles of conference here agreed upon, which would have given to Switzerland only what other states had long possessed, as false, audacious, and erroneous, destructive of the church, heretical, and schismatic, and among the Catholic people a revolt was stirred up by ultramontane fanaticism, under the influence of which the whole action was soon frustrated. On the occasion of a revision of the constitution of the canton of Aargau, a revolt, led by the cloisters, broke out in 1841. But the rebels were defeated, and the grand council resolved upon the closing of all cloisters, eight in number. Complaint made against this at the diet was regarded as satisfied by the Aargau Agreement of 1843 restoring three nunneries. An opposition was organized against the revision of the constitution of Canton =Lucerne= in 1841. The liberal government was overthrown, and the new constitution, in which the state insisted on its _placet_ in ecclesiastical matters and the granting of cantonal civil rights to those only who professed attachment to the Roman Catholic church, was submitted to the pope for approval. At last, in 1844, the academy of Lucerne was given over to the Jesuits, for which Joseph Leu, the popular agitator, as member of the grand council, had wrought unweariedly since 1839. In Canton =Vaud= the parties of old or clerical and young Switzerland contended with one another for the mastery. The latter suffered an utter defeat in 1844, and the constitution which was then carried allowed the right of public worship only to the Catholic church. In consequence of this victory of the clerical party Catholic Switzerland with Lucerne at its head became a main centre of ultramontanism and Jesuitism. At the diet of 1844, indeed, Aargau, supported by numerous petitions from the people, moved for the banishment of all Jesuits from all Switzerland, but the majority did not consent. The Jesuit opponents expelled from Lucerne now organized twice over a free volunteer corps to overthrow the ultramontane government and force the expulsion of the Jesuits, but on both occasions, in 1844 and 1845, it suffered a sore defeat. In face of the threateningly growing increase of the excitement, which made them fear a decisive intervention of the diet, the Catholic cantons formed in 1845 a =separate league= (_Sonderbund_) for the preservation of their faith and their sovereign rights. This proceeding, irreconcilable with the Act of Federation, led to a civil war. The members of the _Sonderbund_ were defeated, the ultramontane governments had to resign, and the Jesuits departed in 1847. The new Federal constitution which Switzerland adopted in 1848, secured unconditional liberty of conscience and equality of all confessions, and the expulsion of the Jesuits in terms of the law. But since that time ultramontanism has gained the supremacy in Catholic Switzerland, and in spite of the existing law against the Jesuits all the threads of the ultramontane clerical movements in Switzerland were in the Jesuits’ hands. These were never more successful than in Canton =Geneva=, where the radical democratic agitator Fazy leagued himself closely with ultramontanism to compass the destruction of the old Calvinistic aristocracy, and by bringing in large numbers the lower class Catholics from the neighbouring France and Savoy he obtained a considerable Catholic majority in the canton, and in the capital itself made Catholics and Protestants nearly equal.

§ 199.2. =The Geneva Conflict, 1870-1883.=--The Catholic church of Canton Geneva, on the founding of the six Swiss bishoprics by a papal bull, had been incorporated “for all time to come,” after the style of the concordat, with the bishopric of Freiburg-Lausanne. But the government made no objection when the newly elected priest of Geneva, Mermillod, a Jesuit of the purest water, assumed the title and rank of an episcopal vicar-general for the whole canton. But when in 1864 the pope nominated him bishop of Hebron _in partibus_ and auxiliary bishop of Geneva, it made a protest. Nevertheless, when, in the following year, Bishop Marilley of Freiburg by papal orders transferred to him absolute power for the canton with personal responsibility, and in 1870 formally renounced all episcopal rights over it, so that the pope now appointed the auxiliary bishop independent bishop of Geneva, it was evident a step had been taken that could not be recalled. The government renewed its protest and made it more vehement, in consequence of which, in January, 1873, by a papal brief which was first officially communicated to the government after it had already been proclaimed from all Catholic pulpits, Mermillod was appointed apostolic vicar-general with unlimited authority for Canton Geneva, and the district was thus practically made a Catholic mission field. A demand made of him by the state to resign this office and title and divest himself of every episcopal function, was answered by the declaration that he would obey God rather than man. The _Bund_ then expelled him from Federal territory until he would yield to that demand. From Ferney, where he settled, he unceasingly stirred up the fire of opposition among the Genevan clergy and people, but the government decidedly rejected all protests, and by a popular vote obtained sanction for a Catholic church law which restricted the rights of the diocesan bishop who might reside in Switzerland, but not in Canton Geneva, and without consent of the government could not appoint there any episcopal vicar, and transferred the election of priests and priests’ vicars to the congregations. The next elections returned Old Catholics, since the Roman Catholic population did not acknowledge the law condemned by the pope and took no part in the voting. By decision of the grand council of 1875 the abolition of all religious corporations was next enacted, and all religious ceremonies and processions in public streets and squares forbidden. Leo XIII. made an attempt to still the conflict, for in 1879 he gave Bishop Marilley the asked for discharge, and confirmed his elected successor, Cosandry, as bishop of Freiburg, Lausanne, and Geneva, without however removing Mermillod from his office of vicar apostolic of Geneva. But this actually took place after the death of Cosandry in 1882 by the appointment of Mermillod as his successor in 1883. As he now ceased to style himself a vicar apostolic, the Federal council removed the decree of banishment as the occasion of it had ceased, but left each canton free as to whether or not it should accept him as bishop. Freiburg, Neuenburg, and Vaud accepted him, and Mermillod had a brilliant entry into Freiburg, which he made his episcopal residence. But Geneva refused to recognise him, because it had already officially attached itself to the Old Catholic Bishop Herzog of Berne, and Mermillod went so far in his ostentatious love of peace as to declare that he would not in future enter Genevan territory.

§ 199.3. =Conflict in the Diocese of Basel-Soleure, 1870-1880.=--Bishop Lachat of Soleure, whose diocese comprised the Cantons Bern, Soleure, Aargau, Basel, Thurgau, Lucerne, and Zug, had been previously in conflict with the diocesan conference, _i.e._ the delegates of the seven cantons entrusted with the oversight of the ecclesiastical administration, on account of introducing the prohibited handbook on morals of the Jesuit Gury (§ 191, 9), which ended in the closing of the seminary aided by the government, and the erection of a new seminary at his own cost. Although the diocesan conference next forbad the proclamation of the new Vatican dogma, the bishop threatened excommunicated Egli in Lucerne in 1871, and Geschwind in Starrkirch in 1872, who refused. The conference ordered the withdrawal of this unlawful act, and on the bishop’s refusal, deposed him in January, 1873. The dissenting cantons, Lucerne and Zug, indeed declared that after as well as before they would only recognise Lachat as lawful bishop, the chapter refused to make the required election of administrator of the diocese, the clergy in Soleure and in =Bernese Jura= without exception took the side of the bishop, as also by means of a popular vote the great majority of Catholics in Thurgau. But amid all this the conference did not yield in the least. Lachat was compelled by the police to quit his episcopal residence, and withdrew to a village in Canton Lucerne. The council of the Bernese government resolved to recall the refractory clergy of the Jura, took their names off the civil register and forbad them to exercise any clerical functions. The outbreaks incited by rebel clergy in the Jura were put down by the military, sixty-nine clergymen were exiled, and, so far as the means allowed, replaced by liberal successors introduced by the Old Catholic priest Herzog (§ 190, 3) in Olten. In November, 1875, permission to return home was granted to the exiles in consequence of the revised Federal constitution of 1874, according to which the banishment of Swiss burghers was no longer allowed. The Bernese government felt all the more disposed to carry out this enactment of the National Council, as it believed that it had obtained the legal means for checking further rebellion and obstinacy among those who should return. On January, 1874, by popular vote a law was sanctioned reorganizing the whole ecclesiastical affairs of the =Canton Bern=. By it all clergy, Catholic as well as Protestant, are ranked as civil officers, the choice of whom rests with the congregations, the tenure of office lasting for six years. All purely ecclesiastical affairs for the canton rest in the last instance with a synod of the particular denomination, for the several congregations with a church committee, both composed of freely elected lay and clerical members. But if a dispute in a particular congregation should arise about a synodal decree, the congregational assembly decides on its validity or non-validity for the particular congregation. All decrees of higher church courts and pastorals must have state approval, which must never be refused on dogmatic grounds. If a congregation splits over any question, the majority claims the church property and pastor’s emoluments, etc. And this law was next extended in October 31st, 1875, in the matter of penal law by the so-called Police Worship Law. It imposes heavy fines up to 1000 francs or a year’s imprisonment for any clerical agitation against the law, institutions or enactments of the civil courts, as well as for every outbreak of hostilities against members of other religious bodies, refuses to allow any interference of foreign spiritual superiors without leave granted by government in each particular case, forbids all processions and religious ceremonies outside of the fixed church locality, etc. In the same year the first Catholic Cantonal Synod declared its attachment to the Christian or Old Catholic church of Switzerland. But it was otherwise after the newly elected Grand Council of the canton of its own accord, on September 12th, 1878, granted the returned Jura clergy complete amnesty for all the past, and on the assumption of future submission to existing laws of state, recognised them again eligible for election to spiritual offices which had previously been denied them. Not only did the Roman Catholic people regularly take part in elections of priests, church councils, and synods, undoubtedly with the approval of the new pope Leo XIII., who had in February addressed a conciliatory letter to the members of the Federal Council, but also the extremest of the Jura now submitted without scruple to the new election required by the law, and won therein for the most part the majority of votes. In the Catholic Cantonal Synod convened in Bern, in January, 1880, were found seventy-five Roman Catholics and only twenty-five Old Catholic deputies. The latter were naturally defeated in all controversies. The synod declared that the connexion with the Christian Catholic national bishopric was annulled, that auricular confession was obligatory, that marriages of priests were forbidden, etc. Since now the law assigns the state pay of the priest as well as all the church property in the case of a split to the majority for the time being, the inevitable consequence was that Old Catholics of the Jura district were deprived of all share in these privileges, and had to make provision for their own support. Also in Canton =Soleure=, the law that all pastors must be re-elected after the expiry of six years, came in force in 1872, and then the thirty-two Roman Catholic clergymen concerned were with only two exceptions re-elected, while, on the other hand, the Old Catholic priest Geschwind of Starrkirch was rejected.--But all efforts to restore the bishopric of Basel-Soleure came to grief over the person of Bishop Lachat, whom the curia would not give up and the Federal Council would not again allow, until at last a way out of the difficulty was found. The canton Tessin, which previously in church matters belonged to the Italian dioceses of Milan and Como, was, in 1859, by decree of the Federal Council, detached from these. But Tessin insisted on the founding of a bishopric of its own, while the Federal Council wished to join it to the bishopric of Chur. Thus the matter remained undecided, till in September, 1884, the papal curia came to an understanding with the Federal Council that Lachat should be appointed vicar-apostolic for the newly founded bishopric of Tessin, and that to the vacated bishopric of Basel-Soleure the “learned as well as mild” Provost Fiala of Soleure should be called. In this way all the cantons referred to, with the exception of Bern, were won.[552]