A Brighter Day Begins with His Word.

New Schaff-Herzog Encyclopedia of Religious Knowledge • VOLUME 8

THE NEW SCHAFF-HERZOG

['Herzog, J. J. (Johann Jakob), 1805-1882', 'Schaff, Philip, 1819-1893', 'Hauck, Albert, 1845-1918', 'Jackson, Samuel Macauley, 1851-1912', 'Sherman, Charles Colebrook, 1860-1927', 'Gilmore, George W. (George William), 1858-1933'] • Public-domain historical edition in the United States (published 1908); OCR from Internet Archive scan

THE NEW SCHAFF-HERZOG

desservants (see Chaplain), nor subsidiary priests, are, strictly speaking, parish clergy. Where there is no right of patronage, the bishop presents to a parish in virtue of his " free collation," and even in other cases he gives at least " collative institution." The office of parish priest is not of divine right, and the attempt made by the Galileans and by the Synod of Pistoja (1786) to trace the presbyteriate back to the disciples of Christ was formally condemned, as an Ario-Calvinistic heresy, in the bull Auctorem fidei (1794) of Pius VI. The privilege, and the duty, of the parish priest is the exercise of pastoral care, and residence is, accordingly, strictly enjoined. He has the right of jurisdiction as confessor of his parishioners even outside the limits of his parish, and must keep the parish records, as well as preach and catechize. On all Sundays and feast days he must offer the sacrifice of the mass, and, if he have charge of two parishes, this duty must be discharged by bination. He is likewise bound to supervise the schools of his parish and may have the usufruct of the income of his benefice, besides the surplice-fees which he receives. He may, in virtue of his " internal jurisdiction," exercise ecclesiastical discipline, but may not impose censures, since he does not possess " external jurisdiction."

In German Lutheran church law the parish is simply the district in which the official activity of the pastor is carried on, its boundaries being determined either by the ecclesiastical authorities, or by the State, or by topographical conditions, or even by personal considerations, although 6. The in exceptional cases the congregation German may comprise several parishes. The Lutheran Lutherans, like the Roman Catholics, Parish. hold that " whosoever is in the parish is also of the parish/' but parochial control is practically restricted to the publication of banns and burial, since confession, the Lord's Supper, baptism, and confirmation may generally be requested, especially in the cities, from pastors of other parishes. The pastor is regularly considered a member of his own congregation, except where, as in the two Mecklenburgs and Coburg- Gotha, the congregations are not autonomous, in which case he is over his congregation. In ecclesiastical power all the clergy are held to be equal whether pastors, chief pastors, or deacons, even superintendents, ephors, provosts, and general superintendents having no superior spiritual functions, despite their relation to the administration of the Church. The Lutheran pastors are likewise beneficed and enjoy subjective perpetuity, being irremovable except for weighty reasons. The right of Patronage (q.v.) is an important factor, and, in general, the rights and duties of the Lutheran pastor in regard to preaching, teaching, keeping the records, etc., are analogous to those of the Roman Catholic parish priest. See Bishop; Deacon; Pastoral Theology; Patronage; and Priest.

(Ulrich Stutz.)

Bibliography: For the legal aspects of the subject, reference should be made to the works on ecclesiastical law (Kirchenrecht) by P. Hinschius, Berlin, 1869-97; E. Ldning, Strasburg, 1878; A. L. Richter, Leipsic, 1886;

E. Friedberg, ib. 1903; P. Schon, Berlin, 1903; J. B. Sagmuller, Freiburg, 1904; and XJ. Stutz, Berlin, 1904. Note particularly the literature under Canon Law.

On the general question much material will be found in the literature under Organization of the Early Church; and the various articles in this work to which reference is made in the text. A list of literature dealing largely with Germany is given in Hauck-Herzog, RE, xv. 239-240. Of especial value are the works, noted under Church, the Christian, of E. Hatch, J. Cunningham, J. H. Rigg, and W. D. Killen. Consult further: J. Bannerman, The Church of Christ the Nature, Powers,

Ordinances, Discipline and Government of the Christian Church, 2 vols., Edinburgh, 1868; L. Duchesne, in Melanges d' archiologie et d'histoire, vii (1887), 217 sqq.; K. Rieker. Die rechtliche Natur des evangelischen Pfarramts, Leipsic, 1891; Lambert, La Doctrine du ministere ecclesiastique d'apres les livres symboliques de Veglise Iviherienne, Paris, 1894; S. Rietschel, Die Civitas auf deutschen Boden bis zum Ausgang der Karolingerzeit, pp. 65 sqq., 82 sqq., 88 sqq., Leipsic, 1894; XJ. Stutz, Geschichte des kirchlichen Benefizialwesens, vol. i., §§ 4-5, 14-19, 21, Berlin, 1895; J. B. Sagmiiller, Die Entwickelung des Archipresbyterats und Dekanats, pp. 29 sqq., Tubingen, 1898; A. Marignan, Etudes sur la civilization francaise, i. 200 sqq., Paris, 1899; P. Imbart de la Tour, Les Origines rdir gieuses de la France, Paris, 1900; H. Grisar, Geschichte der Stadt Bom im Mittelalter, i. 146 sqq., Freiburg, 1901; Zorell, in Archiv fur katholischen Kirchenrecht, lxxxii (1902), 74 sqq., 258 sqq.; Hauck, KD, i. 222 sqq., ii. 450, 714 sqq., iv. 19 sqq., 25 sqq., 382-383, 560-561.

PARITY : In canon law, a status of civil equality for various ecclesiastical societies. So long as the pre-Reformation heresy law in Germany was in force, there was no such thing as parity; but in 1555, after the peace of Augsburg, the German empire declared the heresy law to be no longer applicable. A distinction remains, however, to be drawn between the parity guaranteed by the German empire and the measures adopted by its constituent state governments: the empire never prescribed that the two confessional bodies should be placed on a footing of equality by the respective states. Parity signifies solely an equality of treatment for Roman Catholic and Protestant estates of the realm in matters of the empire's jurisdiction. As to the states of Germany, Brandenburg was the first to depart from the custom of recognizing the rights of only one Church; Elector Johann Sigismund in 1611 granted coequal standing with the Lutheran to the Roman Catholic Church in East Prussia, and in 1615 the same to the Reformed Church throughout his domain. For the rest of Germany, the act of the imperial deputies of Feb. 25, 1803, transferred many domains from Roman Catholic into Protestant hands, at the same time guaranteeing the exercise of the prevailing religion. Parity was next introduced by Bavaria (1803-18), Baden, and others. All the sundry Protestant states of the Rhenish Confederation were led by Napoleon to pledge to the Roman Catholics equal rights of worship with the Lutherans, and most of them fulfilled the promise. The act of the German Confederation did not touch upon the point, but confined itself to stipulating equality of civil and political rights for adherents of the various confessions as individuals. The complete civil and national equality of all Germans, without regard to religion and creed, was afforded by the law of the Confederation (now imperial) of 1869. The ease is different with religious societies as such. That the three great Christian Confessions (Roman Catholic, Lutheran,

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