EMS, CONGRESS OF.

EMS, CONGRESS OF.

Papal Nunciature in Munich (§ 1).

The Ems Agreement (Emser Punctation) (§ 2).

Further Complications (§ 3).

The Outcome (§ 4).

The Congress of Ems was a meeting of representatives of the archbishops of Mainz, Treves, Cologne, and Salzburg held at Ems (or Bad Ems,' a watering-place of Hesse-Nassau, 5 m. s.e. of

Ems, Congress of

THE NEW SCHAFF-HERZOG

Coblenz) in 1786, prompted by the prevalent desire of the higher clergy in Germany to shake off their depressing dependence on the curia. This desire was stimulated to new life in 1763 by the book of Johann Nikolaus von Hontheim (q.v.), suffragan bishop of Treves, published under the pseudonym of Justinus Febronius, and a tendency to action manifested itself in 1764 in a document of the spiritual electors of Mainz, Treves, and Cologne, in which they besought the imperial protection. Further negotiations followed and in 1770 they addressed new requests to Joseph II. (the so-called " Coblenz Articles"; cf. Stigloher, ut inf. 257-260), aiming at a decided restriction of papal power in German affairs. When, however, the emperor refused to intervene in Rome, the whole matter came to a standstill, only to be taken up again with livelier interest when a plan of establishing a papal nunciature in Munich came out.

From 1771 Elector Karl Theodor united under his rule Bavaria, the Palatinate, and the duchies of Julich and Berg, which are situated on the Lower Rhine. As these territories were subject in ecclesiastical matters to different bishops, who as estates of the empire were coordinate with the elector, the condition of affairs was disagreeable to him; and as the resultant difficulties could be obviated in no other way, he applied to the Roman curia, which conceded in 1785 the establishment of a permanent nunciature in Munich. The news of this made an extraordinary sensation, because the existing nunciatures in Vienna (since 1581), Cologne (1582), and Luzerne (1586) had proved troublesome because of their interi. Papal ference with episcopal jurisdiction, Nunciature and because the bishops formerly in Munich, competent in Bavaria and the Palatinate suffered serious encroachments by the new step. These bishops were: Prince Bishop Count Colloredo of Salzburg; Prince Bishop Baron von Welden of Freising; the Elector of Mainz, Friedrich von Erthal, who at the same time administered the Prince bishopric of Worms; the Elector of Treves, Prince Wenzeslaus of Saxony, who was also Prince Bishop of Augsburg; and finally the Elector of Cologne, Franz of Austria, the brother of the Emperor Joseph II. After unsuccessfully petitioning the curia, the elector of Mainz, with the consent of the other archbishops, handed in a complaint to the emperor as the supreme protector of the Church, and the latter caused a declaration to be made in Rome, that he could not permit that the archbishops and bishops of the German empire should be disturbed in the diocesan rights which had been given to them by God and by the Church; in other words, that he would recognize the papal nuncios merely as delegates for political affairs and matters pertaining to the pope as the supreme head of the Church, but that he could concede to them no jurisdiction whatever. But the curia did not allow itself to be put off by this protest; in May, 1786, there appeared as nuncio in Munich Count Zoglio, Archbishop of Athens; at the same time the nunciature at Cologne was newly filled with Bartholomaeus Pacca, archbishop of Damiate, in the place of Monsignor

Bellisomi. Zoglio was brilliantly received at the Bavarian Court; Pacca was not even given an audience by the elector of Cologne. All the German archbishops refused to recognize the two nuncios, but nevertheless the latter began at once to make use of their commissions.

The archbishops of Mainz, Treves, and Cologne did not remain inactive. The Congress of Ems

followed, and its result was the

2. The Ems " Ems Agreement " (Eraser Punk-

Agreement tation, cf. Mirbt, Quellen, 326-328),

(Emser which was signed on Aug. 25, 1786,

Punctation). and at once ratified by the bishops

and sent to Joseph II. The subscribers declared therein:

The Roman Pope is and always remains the supreme overseer (Oberaufseher) and primate of the whole Church, the center of unity, and has been equipped by God with the jurisdiction requisite thereto. All Roman Catholics must always yield him canonical obedience with full reverence. But all the other advantages and reservations which were not connected with this primacy in the first centuries, but arose from the later Isidorian Decretals to the manifest detriment of the bishops, can no longer be included in the sphere of this jurisdiction, because the forged nature of the Decretals is now universally recognized. These are to be classed rather as usurpations on the part of the Roman curia, and, especially because none of the remonstrances hitherto made at the Roman curia has been of effect, the bishops are authorized to reinstate themselves, under the supreme protection of his Imperial Majesty, in the exercise of the power committed to them by God.

Then the archbishops made the following propositions for reform: all persons living within the limits of a diocese should henceforward without exception be subject to its bishop. Therefore appeals to Rome which neglect the bishop should no longer be allowed; exemptions, with certain stated exceptions, should cease; the monastic clergy should be forbidden to render obedience to foreign generals and superiors. The bishop should have the right to grant dispensations from commandments of abstinence and from matrimonial impediments, and also to absolve the monastic clergy from their vows. At the same time limitation of the impediments to marriage and postponement of the age for taking vows was proposed. The bishop should also be empowered to modify philanthropic trusts. In future facilitates quinquennales should no longer be sought of the Roman court. The bulls, briefs, and other papal regulations, as well as the decisions of the Roman congregations, should not have binding force until accepted by the bishops. The nunciatures in the form in which they had hitherto existed should cease. It was further attempted to insure the independence of the bishop in filling ecclesiastical positions. The procedure in regard to the " information " (processus informativus) of new bishops should be altered; the oath which the bishop had formerly rendered to the pope as his vassal should be replaced by a formula in accordance with episcopal rights. The annates and the moneys paid on receipt of the pallium should be reduced, and if the pope should therefore refuse his confirmation, the archbishops and bishops should nevertheless perform the functions of office. In spiritual jurisdiction the court of first instance is that of the bishop, the second that of the archbishop, the third is the Roman See, the nunciatures being entirely left out; provision is made, moreover, that national judges should pronounce the verdict even in Rome. At the close, the arohbi shops declare that, as soon as they are put in possession of the rights which belonged to them, they will take up the improvement of ecclesiastical discipline, and better organization for the cure of souls and for religious establishments and cloisters. Moreover, the emperor, as the supreme head of the empire, is requested to demand of the curia that the council which had been promised in the Concordat of Aschaffenburg (see Concordats and Delimiting Bulls, III, 1, § 2) or at least a national council, should be convened.

The answer of the emperor was kindly; he even showed readiness to help; but he advised the arch-