2. Germany, PruetiOf and Auetria.^ThB relations of the German Roman Catholies to Ae pope were great- ly disturbed by the dissolution of the German empire. For some time everything was in confusion ; at the time of the Congress ofVienna only five German bish*- ops were still aUve. When the political reorganiza- tion was begun, the pope at first demanded the res- toration of the entire former state of things. But when it was found out that this demand would never be granted, negotiations with particular states con- cerning the oondusion of concordats began. (1.) Bavaria was the first state which sucoeeded (July 5, 1817) in arriving at an agreement. By the Bavarian concordat two archbishoprics were established ; semi- nsxies were instituted and provided with land; the nominations were left with the kmg, with the reserve^ tion of the papal right of confirmation ; the limits of the dvil and ecdedastical jurisdiction were precisely settled, and the erection of new monasteries was prom-
CONCORDAT
458
CONCORDAT
bed. TUb concordat was pablished in May, 1818, to- gether with the new political constitation, by which sdl apprehensions for the Protestant Chnrch in Bava- ria were allayed.
(2.) The goyemment of iVtuma, in 1821, agreed with the pope upon a boll of circumscription (De SabUe Animarum), which was pablished by the Prussian gov- ernment as a law of the state. It diyides the state into two archbishoprics and six bishoprics, and con- tains provisions as to the re-establishment of chapters, the election of bishops by chapters, the dotation of bishops and chapters, and the taxes to be'paid by the episcopal chancellories to Rome.
8. T7te Ecdenattieal Province qfthe Upper Rkme.^ In 1818 the state governments of Wurtetnberg, Bciden, and a number of other minor German states sent dele- gates to a conference at Frankfort to conduct joint ne- gotiations with the pope concerning the reconstruction of episcopal sees. In 1821, a bull of circumscription, beginning Provida 9oUer»que^ and providing for the establishment of an archbishopric in Baden, and bish- oprics in Hesse-Darmstadt, Hesse-Cassel, Nassau, and Wartemberg, and fbr the dotation of the bishops, was issued and ratified by the governments in 1822. Some ftirther points were agreed upon between these gov- ernments and the pope in 1827, and others continued to be the subject of animated controversy, and were in most states not yet settled in 1867.
A concordat with the Icing of WOrtemberg, consist- ing of thirteen articles, was concluded in 1857. The government promises in it to execute the dotation of the bishopric as soon as circumstances will permit The bishop received the right to confer all benefices which have no patron, of appointing his vicar gener- al, the extraordinary members of the chapter, and the rural deans, yet he must appoint persons to whom the government has no objections. To the bishops be- long all the regulations concerning divine service, the holding of synods, and thA introduction of monastic or- ders, the latter, however, only in concert with the gov- ernment. The episcopal court has jurisdiction over all ecclesiastical afikirs, in particular also over all marriage afikirs. The bishop has the right of inflict- ing ecclesiastical censures on clergymen and laymen. If clergymen transgress civil laws, the secular court will act in concert with the bishop. The intercourse of the bishop, the clergy, and the people with the pa- pal see is free, and ecclesiastical decrees do not reqi^ the placet regmm. The religions instruction of the youth, both in public and private institutions, is under the control of the bishop. He selects the catechism. He has the right of establishing seminaries and of su- perintending them. Provisionally, special regulations are made for the continuance of the three seminaries at Ehingen, Bottweil, and Tubingen. The theological ikculty of the university of Tubingen is also under the control of the bishop, who authorizes the professors to lecture, and may reAise this authorization ; who takes their confession of fkith, and examines the manuscript of their lectures. The property of the Chnrch is in- violate, but subject to public taxes. It is administered by the Church. The vacant benefices and the inter- calar fund are admhiistered by a joint committee of Church and State. The concordat was published by the government in its official paper in 1858, but did not receive the consent of the Legislature, without which many of its provisions cannot become valid.
4. In 1821 Hanover obtained a bull of circumscrip- tion similar to the one issued for Prussia, by which two bishoprics were established. For the kingdom of Saxony two bishops t» partOnu were appointed as vicars apostolic. The other minor states had their Boman Catholic subjects placed under the subjection of Prussian or Hanoverian bishops, or of those of the province of the Upper Rhine, and thereby ratified the agreements concluded between those states and Rome.
5. Auttria. — ^The government of Austria began to
negotiate with the pope about a new coocordst moa after the beginning of the revtdutionary moveineBCi in 1848. The concordat was concluded in 18a>5, aad was most fkvorable to the claims of the papacy. The following are the most important points of the Aus- trian concordat. The Roman Catholic Chnrch m all parts of the empire enjoys the protection oC ths government. The Placet Regktm is abolished, aad the intercourse of the bishops with the pope is free. The instruction of the Roman Catholic youth mist be in accordance with the Roman Catholic reli^on. The bishops have the power to detain the £aithfiil from reading pernicious books. Cases of the cmnon Uw, especially marriage afifairs, belong to the fn^lrfias- tical courts, while the civil relations of marriage re- main under the jurisdiction of the secular judge. The bishops have the right of exercising the discipline ^ the Church, and of proceeding against members of ths Chnrch with ecclesiastical punishments. The powa of the state is promised to the maintenance oi the immunity of the Church. The episcopal seminaries are under the jurisdiction of the bishops. The empe- ror has the right of nominating the bishops, afttf tak- ing counsel with the other bishops of the ecclesissdcad province. The first dignity at eveiy metropolitan and snflhigan diurch is confened by the pope. The nM>- nastic orders are under the jurisdiction of their sope- riors. The bishops have the right of introducing new orders, after coming previously to an nnderstandin^ with the government. Church property may be ac^ quired in the legal way, and is secured to the Chnrck In Feb. 1856, twewfy '' Separat-ArHhd" (separate arti- cles) to the concordat were published. They prov^ that the bishops may found one university independ- ent of the state ; that only Roman Catbolk; proiesgoB shall be appointed at the University of Pesth ; th^ Church and State will work together for the suppres- sion of books against religion and morals ; that the state shall lay no obstacle in the way of erecting sock confinatemities and associations as the Chorcfa has ap- proved; and that the bishops shall not be hindered ftom regulating in religions institutions evenrthiog that concerns religion and the purity of the Christian life. The immense majority of the Austrian people were indignant at this concordat, and In July, 1867, the Austrian Parliament, by an almost nnanimoos vote, called on the government to abolish It.