2. The first German state which regulated by law the affairs of the Old Catholics, and particularly their claim to a proportionate share of the property of the Catholic Church, was the grand-duchy of Baden. The law, which was sanctioned by the grand-duke in May, recognises the equal rights of Old Catholics to the property of the Catholic Church, protects Old-Cafholic holders of Cath- j olic benefices, provides for the organization of indepen- dent Old-Catholic congregations, and secures to them the simultaneous use of ecclesiastical edifices and uten- sils. "Wherever the majority of any Catholic congrega- tion declares in favor of Old Catholicism, it is to remain in possession of the Catholic church and ifs propertj', but must concede to the other party a simultaneous use of the church. A similar law was promulgated in Prus- sia in July, 1875.
In the Austro-Hungarian monarchy the organization of Old-Catholic congregations was attempted at many places, and in Austria Proper the Liberal majority of the Lower House of Parliament favored the recognition of their rights by a special law. But the government re- fused to recognise them in any way, and the Upper House of Parliament, in 1875, refused to concur in the favoring resolutions passed by the other branch. One of the ministers declared, however, on this occasion, that the government would no longer oppose the establish- ment of Old-Catholic congregations. Accordingly, in Februar}', 187G, delegates of five congregations met at Vienna and drew up a synodal constitution of the Church, similar to that adopted in Germany, and presented it to the government for approval.
In Switzerland the governments of most of the can- tons took at once a decided stand in supporting the par- ish priests who refused to submit to the Vatican Coun- cil against their bishops. A central committee was formed to organize the movement throughout Switzer- land, and most of the prominent leaders of the Liberal Catholics took an active part in it. The committee drew up a "Constitution for the Christian Catholic churches in Switzerland," which was similar to the one that had been adopted in Constance for the Old Cath- olics of Germany. A convention of the societies of Lib- eral Catholics, held at Olten, in the canton of Sohithurn, on June 15, 1874, adopted the main points of this draft; a second convention held in the same town on Sept. 21 sanctioned the entire organization. The first synod of the Church, for which the name Christian Cathvlic (Christkatholisch) was preferred to Old Catholic, was held at Olten on June 14, 1875. It finally adopted the
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Church constitution which had been drawn up b}' the central committee, and made all the necessary arrange- ments for tlie appointment of a synodal council, but post- poned the election of a bishop. The synodal council was appointed on Aug. 30, 1875. At its first meeting, held at Olten Sept. 2, the synodal council resolved to arrange the proper manner of examining the candidates for the priesthood, and to appoint two committees, one for drafting a ritual and missal on the basis of those prepared by Hirscher (q. v.), and the other for de- fining the attitude to be observed by Old -Catholic priests with regard to the new federal laws on civil marriage. The congregations were permitted to make their own selection among the different Church vest- ments used in the Catholic Church, and to introduce the native tongue into divine service; it also declared the Church commandment to go to confession at least once a year no longer obligatory. Further legislation on these and other proposed reforms was reserved for the next meeting of the synod. In regard to the election of a bishop, it appeared desirable to obtain previously the consent of the Federal Council of Switzerland, as the new constitution of Switzerland provides that new bishoprics are only to be established with the consent of the federal coinicil. This consent was given in April, 187G, and the election of the first bishop of the Chris- tian-Catholic Church accordingly took place in June, 1876. The progress of the Old-Catholic movement has been especially favored by the cantonal governments of Berne and Geneva, which by new laws regulated the legal condition of the Catholic Church ; and when the Ultramontane party refused to recognise the new laws, deposed all the refractory priests, and turned the churches and the Church property over to the Old Catholics. The government of Berne also founded a faculty of Old-Cath- olic theology in connection with the University of Berne. In Geneva serious difficulties arose among the Old Cath- olics themselves, in consequence of which abbe Loyson — better known under his former monastic name of father Hyacinthe — resigned the position of president of the Old-Catholic Church Council. In March, 187G, the Old Catholics in all Switzerland numbered 54 congregations, and 26 societies not yet organized, with an aggregate population of 72,880 persons.
In Italy the Old-Catholic movement found many sympathizers, and among them some very prominent names, like father Passaglia, a celebrated Jesuit author, and the marchese Guerrini - Gonzage. A committee of agitation was established in Rome, and in 1875 the delegates of a number of congregations met in Naples and elected a bishop.
In all other countries the movement has as yet not gained any firm footing. In Madrid an Old-Catholic committee was constituted, and a large number of priests were reported to have joined it; but nothing has been heard of it since the restoration of the Bourbons. In France two distinguished priests, father Hyacinthe and abbe Michaud, took a very active interest in the move- ment, but no congregations could be formed. England was represented at some of the Old-Catholic congresses of Germany by lord Acton and others ; but up to May, 1876, no congregations had been formed.