THE NEW SCHAFF-IIERZOG
previously in force and con.si.stently with the vital discipline of the Church. Upon the statutory confirmations and publications of both bulls, which took place at last after the signature, on Oct. 8, 1S27, of an amendment to their state compact of 181S and 1S22 (in Nassau, Oct. 9, 1827; in Baden, Oct. 16; in Wiirttemberg, Oct. 24; in Electoral Hesse, Aug. 31 ; in the Grand Duchy of Hesse, Oct. 16, 1829), the bull Ad dominici, with the omission, in part, of its last two articles, and with express insistence upon sovereignty rights of the State, etc., was incorporated into the states' legislative acts. But, besides this, there ^\ as issued in all these states, Jan. 30, 1830, a similarly worded regulation \\ith respect to the protection of state sovereignty and supervisory rights over the Roman Catholic Church; the " Church Pragmatic " was literally repeated in all essential points, insomuch that Pius VIII., esteeming this edict contrary to agreement, protested against it in a brief of Jime 30, 1830, addressed to all the bishops of the Ecclesiastical Province of the Upper Rhine, rejected the regulation, and admonished the bishops to guard the rights of the Church.
The documents are in Miinch, ut sup., ii. 309-417; Nussi, pp. 209 sqq., 239 sqq.; for the history consult Mejer, ut sup., vol. ii., part 2, pp. 165-240, vol. iii., part 1, pp. 7-61, 185—229; H. Briick, Die oberrheinische Kirchenprovim von ihrer Grilndung bis zur Gegenwart, Mainz, 1868; E. Friedberg, Der Stoat und die Bischofswahlen in Deutschland, Leipsic, 1874, part i., pp. 125 sqq., part ii., pp. 114 sqq.; C. Mirbt, Die katholisch-theologische FakultiXt zu Marburg, Marburg, 1905, pp. 15-44, 75-130.
The governments which had taken part in the Frankfort Conference and were not directly affected by the delimitation of the bull Provida sollersque attached themselves subsequently in part to the Prussian, in part to the Upper Rhenish diocesan circuits, save that Brunswick joined the circuit of Hanover (cf. Mejer, Die Propaganda, ihre Provinzen und ihr Recht, ii., Gottingen, 1853, pp. 500 sqq.).
In Austria the territorialism of Emperor Joseph II. was abandoned even at the time of the German- Austrian constitution of Apr. 25, 1848, and afterward in the constitution of Mar. 5, 1849, and in an imperial patent of the same date the social freedom of the Church was set forth in the formula then in vogue deriving from the Frankfort " Fundamental Rights," to the effect that the 6. Concor- Church should " independently regu-
dat with, late and administer " its affairs. As
Austria, early as 1848, all sorts of memorials 1855. from Austrian bishops relating to particular ecclesiastical demands had appeared, and in the following year they were summoned by the government to a convention at Vienna to formulate their demands. The detailed and extensive petitions which were there drawn up were approved by the pope on July 9 (cf. M. Briihl, Acta ecclesiastica, Mainz, 1853). The government answered with the decrees of Apr. 18 and 23, 18,50, and the patent of Dec. 31, 1S51, which, however, were to have only a temporary effect, pending the result of negotiations with Rome for a concordat. The negotiations wore begun in Vienna in 1853, and were completed at Rome on Aug. 18, 1855. The concordat was pub-
lishei 1 as law in the bull Dens humanae salutis auctor, Nov. 3, 1855, and by the imperial patent of Nov, 5, 1855. See Austria.
The concordat begins with the assurance of the Bavarian concordat, namely, tli;it the Roman Catholic religion in Austria shall have " powers and prerogatives " which belong to it " act'ording to divine dispensation and the canonical ordinances "; the restriction which was subjoined in Bavaria by the religious edict was not appended. In other respects also, the Church in Austria was established on a much more favorable basis. In the closing articles (34, 35), all and sundry state laws of Austria which are contrary to the concordat, or to the doctrine of the Church, or to its present practise as approved by the Holy See, are repealed; in articles 5 sqq., 10 sqq., the Church is charged with education, the surveillance of literature, the regulation of marriage; and, furthermore, it is expressly guaranteed all freedom of action with repeal of placet and the right of appeal. In fact, this concordat concedes to the Church the full sovereignty demanded by the Ultramontanes, together with the subordination of State to Church, in all essential relationships.
For the text of the concordat consult Nussi, pp. 310 sqq.; AKR, i., pp. iv. sqq., xiv., 93 sqq.; xviii. 449 sqq.; Coll. Lacensis, v. 1321 sqq.; secret articles in Mirbt, Quellen, pp. 363-365. Consult further: AKR, i. 180 sqq., 218 sqq., 365 sqq.; vi. 176 sqq., 190 sqq.; viii. 292 sqq. E. Friedberg, Die Grenzen zwischen Stoat und Kirche, Tiibingen, 1872, pp. 403 sqq.
After the demands for " church freedom " had repeatedly been expressed in the so-called popular demands of 1848, though the Frankfort national assembly adhered to the practise of describing the churches as societies subordinated to the laws of the State, the German episcopate assembled at Wtirzburg in October of that year for common conference. The bishops here united in a plea to the state governments, which was afterward voiced in a series of memorials issued by all the separate sees, to the end that the governments should recognize the independence of the church corporation. By " independence " the bishops understood that in all its affairs which the Church interpreted as church business it should be subjected to no kind of restrictions or surveillance by the 7. Agree- State. As no German government ments with consented to the demands of these
Hesse- petitions, the leaders of the movement Wti^tem*' pursued the contest in Baden,
berg and '^^ere a majority of Roman Catholic
Baden subjects happened to be governed by 1856-59. '■^ Protestant line of princes. They gradually stirred up conditions which led the neighboring governments of Hesse-Darmstadt and Wiirttemberg, and at last also that of Baden, to seek relief from the Church itself. By means of agreements in the nature of concordats, they recognized, much as Austria had done, the non-competency of the State in the domain of canonical legislation, so far as to request of the Curia the institution of the regulations they deemed necessary. On the other hand, they granted " church freedom." Such promises as those of the first article of the Bavarian and the Austrian concordats, could not, iudeetl, be adopted by Protestant governments, but at least they guaranteed to protect the full development of the episcopal jurisdiction according to canonical definition, without ([ualification for the Protestants and without express reservation of sovereignty rights over the Church. This was, however, distinctly assumed.