§ 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.