Part 32

§ 191.7. =The Chief Representatives of Historical Theology.=--The first place after Möhler and Döllinger belongs to Möhler’s scholar Hefele, from 1840 professor at Tübingen and from 1869 Bishop of Rottenburg, distinguished by the liberal spirit of his researches. His treatises on the Honorius controversy made him one of the most dangerous opponents of the infallibility dogma, to which, however, he at last submitted (§ 189, 4). His most important work is the “History of the Councils.” Hase criticised the second edition of the work, severely but not without sufficient grounds, by saying that in it “the bishop chokes the scholar.” =Werner= of Vienna is a prolific writer in the department of the history of theological literature; while =Bach= of Munich and the Dominican =Denifle= have written on the mediæval mystics, the latter also on the universities of the Middle Ages. =Hergenröther= of Würzburg, by his monograph on “Photius and the Greek Schism,” written in the interests of his party, and by his polemic against the anti-Vatican movement, and specially by his “Handbook of Church History,” rendered such service to the papacy and the papal church, that Leo XIII. in 1879 made him a cardinal and librarian of the Vatican, with the task of reorganizing the library.--Among the Old Catholics, =Friedrich= of Munich, besides his historical account of the Vatican Council, had written on Wessel, Huss, and the church history of Germany. =Huber= of Munich, whose “Philosophy of the Church Fathers” of 1859 was put in the Index, while his much more liberal work on Erigena of 1861 passed without censure, in later years wrote an exhaustive account of the Jesuit order and a critical reply to Strauss’ “Old and New Faith.” =Pichler= of Munich, by his conscientious research and criticism, drew down upon him the papal censure, and his book on the “History of the Division of the Eastern and Western Churches” had the honour of being placed in the Index. His later studies and writings estranged him more and more from Romanism, inspired him with the idea of a national German church, and fostered in him a love for the _Protestantenverein_ movement; but his unbridled bibliomania while assistant in the Royal Library of St. Petersburg in 1871, brought his public career to a sad and shameful end. The Old Catholic Professor =Langen= of Bonn, wrote a four-volume work against the Vatican dogma, discussed the “Trinitarian Doctrinal Differences between the Eastern and Western Churches,” in the interests of a union with the Greek church, and published an able monograph on “John of Damascus,” as well as a thorough and impartial “History of the Roman Church down to Nicholas I.,” two vols., 1881, 1885.--In Rome the Oratorian =Aug. Theiner= atoned for the literary errors of his youth (§ 187, 4) by his zealous vindication of papal privileges. His chief works were the continuation of the “_Annales Ecclesiastici_” of Baronius, and the editing of the historical documents of the various Christian nations. The Jesuits charged him with giving the anti-Vaticanists aid from the library and sought to influence the pope against him so as to deprive him of his office of prefect of the Vatican archives. He was suspended from his duties, and though he still retained his title and occupied his official residence in the Vatican, the doors from it into the library were built up. His edition of the “Acts of the Council of Trent,” which was commenced, was also prohibited. But he succeeded in making a transcript at Agram in Croatia, where in 1874 a portion of it, the official protocol of the secretary of the Council, Massarelli, was printed by the help of Bishop Strossmayer in an elegant style but abbreviated, and therefore unsatisfactory. Cardinal Angelo =Mai=, as principal Vatican librarian, distinguished himself by his palimpsest studies in old classical as well as patristic literature. And quite worthy of ranking with either in carefulness, diligence, and patience was =De Rossi=, who has laboured in the department of Christian archæology, and is well known by his great work, “_Roma sotteranea cristiana_,” published in 1864 ff.--=Xavier Kraus=, when his “Handbook” had been adversely criticised, hastened to Rome, submitted all his utterances to the judgment of the pope, and proclaimed on his return that in the next edition he would explain what had been misunderstood and withdraw what was objected to. The question now rises, whether the more recent work of =Xav. Funk= can escape a similar censure.

Among Catholic writers on canon lay the most notable are =Walters= of Bonn, =Phillips= of Vienna, =Von Schulte= of Prague and Bonn, who till the Vatican Council was one of the most zealous advocates of the strict Catholic tendency, since then openly on the side of the opposition, a keen supporter, and by word and pen a vigorous promoter, of the Old Catholic movement, and =Vering= of Prague, who occupies the ultramontane Vatican standpoint.

§ 191.8. =The Chief Representatives of Exegetical Theology.=--=Hug= of Freiburg, in his “Introduction,” occupies the biblical but ecclesiastically latitudinarian attitude of Jahn. Leaving dogma unattacked and so himself unattacked, =Mövers= of Breslau, best known by his work on the Phœnicians, a Richard Simon of his age, developed a subtlety of destructive criticism of the canon and history of the Old Testament which astonished even the father of Protestant criticism, De Wette. =Kaulen= of Bonn wrote an “Introduction to the Old and New Testament,” in a fairly scientific spirit from the Vatican standpoint; while =Maier= of Freiburg, wrote an introduction to the New Testament and commentaries on some New Testament books.--The Old Catholic =Reusch= of Bonn wrote “Introduction to the Old Testament,” and “Nature and the Bible” (2 vols., Edin., 1886). =Sepp= of Munich, silent since 1867, began his literary career with a “Life of Christ,” a “History of the Apostles,” etc., in the spirit of the romantic mystical school of Görres. His “Sketch of Church Reform, beginning with a Revision of the Bible Canon,” caused considerable excitement. With humble submission to the judgment of his church, he demanded a correction of the Tridentine decrees on Scripture in accordance with the results of modern science, but the only response was the inclusion of his book in the Index.

§ 191.9. =The Chief Representatives of the New Scholasticism.=--The official and most masterly representative of this school for the whole Catholic world was the Jesuit =Perrone=, 1794-1876, professor of dogmatics of the _Collegium Romanum_, the most widely read of the Catholic polemical writers, but not worthy to tie the shoes of Bellarmin [Bellarmine], Bossuet, and Möhler. In his “_Prælectiones Theologicæ_,” nine vols., which has run through thirty-six editions, without knowing a word of German, he displayed the grossest ignorance along with unparalleled arrogance in his treatment of Protestant doctrine, history, and personalities (§ 175, 2). The German Jesuit =Kleutgen= who, under Pius IX., was the oracle of the Vatican in reference to German affairs, introduced the new Roman scholasticism by his work “_Die Theologie der Vorzeit_,” into the German episcopal seminaries, whose teachers were mostly trained in the _Collegium Germanicum_ at Rome. Alongside of Perrone and Kleutgen, in the domain of morals, the Jesuit =Gury= holds the first place, reproducing in his works the whole abomination of probabilism, _reservatio mentalis_, and the old Jesuit casuistry (§ 149, 10), with the usual lasciviousness in questions affecting the sexes. Among theologians of this tendency in German universities we mention next =Denzinger= of Würzburg, who seeks in his works “to lead dogmatics back from the aberrations of modern philosophic speculations into the paths of the old schools.” His zealous opposition to Güntherism did much to secure its emphatic condemnation.

§ 191.10. =The Munich Congress of Catholic Scholars, 1863.=--In order if possible to heal the daily widening cleft between the scientific university theologians and the scholastic theologians of the seminaries, and bring about a mutual understanding and friendly co-operation between all the theological faculties, Döllinger and his colleague Haneberg summoned a congress at Munich, which was attended by about a hundred Catholic scholars, mostly theologians. After high mass, accompanied with the recitation of the Tridentine creed, the four days’ conference began with a brilliant presidential address by Döllinger “On the Past and Present of Catholic Theology.” The liberal views therein enunciated occasioned violent and animated debates, to which, however, it was readily admitted as a religious duty that all scientific discussions and investigations should yield to the dogmatic claims of the infallible authority of the church, as thereby the true freedom of science can in no way be prejudiced. A telegraphic report to the pope drawn up in this spirit by Döllinger was responded to in a similar manner on the same day with the apostolic blessing. But after the proceedings _in extenso_ had become known, a papal brief was issued which burdened the permission to hold further yearly assemblies with such conditions as must have made them utterly fruitless. They were indeed acquiesced in with a bad grace at the second and last congress at Würzburg in 1864, but the whole scheme was thus brought to an end.

§ 191.11. =Theological Journals.=--The most severely scientific journal of this century is the Tübingen _Theol. Quartalschrift_, which, however, since the Vatican Council has been struggling to maintain a neutral position between the extremes of the Old and the New Catholicism. In order if possible to displace it the Jesuits Wieser and Stenstrup of Innsbruck [Innsbrück] started in 1877 their _Zeitschrift für Kath. Theologie_. The ably conducted _Theol. Litteraturblatt_, started in 1866 by Prof. Reusch of Bonn, had to be abandoned in 1878, after raising the standard of Old Catholicism.

§ 191.12. =The Popes and Theological Science.=--What kind of theology =Pius IX.= wished to have taught is shown by his proclaiming St. Liguori (§ 165, 2) and St. Francis de Sales (§ 157, 1) _doctores ecclesiæ_. =Leo XIII.=, on the other hand, in 1879 recommended in the encyclical _Æterni patris_, in the most urgent way, all Catholic schools to make the philosophy of the angelical Aquinas (§ 103, 6) their foundation, founded in 1880 an “Academy of St. Thomas Aquinas,” three out of its thirty members being Germans, Kleutgen, Stöckl, and Morgott, and gave 300,000 lire out of Peter’s pence for an edition of Aquinas’ works with the commentaries of “the most eminent expositors,” setting aside “all those books which, while professing to be derived from St. Thomas are really drawn from foreign and unholy sources;” _i.e._, in accordance with the desires of the Jesuits, omitting the strictly Thomist expositors (§ 149, 13), and giving currency only to Jesuit interpretations. No wonder that the Jesuit General Beckx in such circumstances submitted himself “humbly,” being praised for this by the pope as a saint. But a much greater, indeed a really great, service to the documentary examination of the history of the Christian church and state has been rendered by the same pope, undoubtedly at the instigation of Cardinal Hergenröther, by the access granted not only to Catholic but also to Protestant investigators to the exceedingly rich treasures of the Vatican archives. Though still hedged round with considerable limitations, the concession seems liberality itself as compared with the stubborn refusal of Pius IX. to facilitate the studies of any inquirer. With honest pride the pope could inscribe on his bust placed in the library: “_Leo XIII. Pont. Max. historiæ studiis consulens tabularii arcana reclusit a 1880_.”--But what the ends were which he had in view and what the hopes that he cherished is seen from the rescript of August, 1883, in which he calls upon the cardinals De Luca, Pitra, and Hergenröther, as prefects of the committee of studies, of the library and archives, while proclaiming the great benefits which the papacy has secured to Italy, to do their utmost to overthrow “the lies uttered by the sects” on the history of the church, especially in reference to the papacy, for, he adds, “we desire that at last once more the truth should prevail.” Therefore archives and library are to be opened to pious and learned students “for the service of religion and science in order that the historical untruths of the enemies of the church which have found entrance even into the schoolbooks should be displaced by the composition of good writings.” The firstfruits of the zeal thus stimulated were the “_Monunenta ref. Lutheranæ ex tabulariis S. Sedis_,” Ratisbon, 1883, published by the assistant keeper of the archives P. Balan as an extinguisher to the Luther Jubilee of that year. But this performance came so far short of the wishes and expectations of the Roman zealots that by their influence the editor was removed from his official position. The next attempt of this sort was the edition by Hergenröther of the papal _Regesta_ down to Leo X.

IV. Relation of Church to the Empire and to the States.

§ 192. THE GERMAN CONFEDERATION.

The Peace of Luneville of 1801 gave the deathblow to the old German empire, by the formal cession of the left bank of the Rhine to France, indemnifying the secular princes who were losers by this arrangement with estates and possessions on the right of the Rhine, taken from the neutral free cities of the empire and the secularized ecclesiastical principalities, institutions, monasteries, and orders. An imperial commission sitting at Regensburg arranged the details of these indemnifications. They were given expression to by means of the imperial commission’s decree or recess of 1803. The dissolution of the constitution of the German empire thus effected was still further carried out by the Peace of Presburg of 1805, which conferred upon the princes of Bavaria, Württemberg, and Baden, in league with Napoleon, full sovereignty, and to the two first named the rank of kings, and was completed by the founding of the Confederation of the Rhine of 1806, in which sixteen German princes formally severed themselves from the emperor and empire and ranked themselves as vassals of France under the protectorate of Napoleon. Francis II., who already in 1804 had assumed the title of Emperor of Austria as Francis I., now that the German empire had actually ceased to exist, renounced also the name of German emperor. The unhappy proceedings of the Vienna Congress of the German Confederation and its permanent representation in the Frankfort parliament during 1814 and 1815, after Napoleon’s twice repeated defeat, led finally to the Austro-Prussian war of 1866.

§ 192.1. =The Imperial Commission’s Decree, 1803.=--The significance of this for church history consists not merely in the secularization of the ecclesiastical principalities and corporations, but even still more in the alteration caused thereby in the ecclesiastical polity of the territorial governments. With the ecclesiastical principalities the most powerful props of the Catholic church in Germany were lost, and Protestantism obtained a decided ascendency in the council of the German princes. The Catholic prelates were now simply paid servants of the state, and thus their double connexion with the curia and the state brought with it in later times endless entanglements and complications. On the other hand, in states hitherto almost exclusively Protestant, _e.g._ Württemberg, Baden, Hesse, there was a great increase of Catholic subjects, which attracted but little serious attention when the confessional

## particularism in the consciousness of the age was more unassuming

and tolerant than ever it has been before or since.

§ 192.2. =The Prince-Primate of the Confederation of the Rhine.=--Baron Carl Theod. von Dalberg, distinguished for his literary culture and his liberal patronage of art and science, was made in 1802 Elector of Mainz and Lord High Chancellor of the German empire. When by the recess of 1803 the territories of the electorate on the left of the Rhine were given over to France and those on the right secularized, the electoral rank was abolished. The same happened with respect to the lord high chancellorship through the creation of the Rhenish Confederation. Dalberg was indemnified for the former by the favour of Napoleon by the gift of a small territory on the right of the Rhine, and for the latter by the renewal of the prince-primacy of the Confederation of the Rhine with a seat in the Federal council. He still retained his episcopal office and fixed its seat at Regensburg. The founding of a metropolitan chapter at Regensburg embracing the whole domain of the Rhenish Confederation he did not succeed in carrying out, and in 1813 he felt compelled to surrender also his territorial possessions. His spiritual functions, however, as Archbishop of Regensburg, he continued to discharge until his death in 1817.

§ 192.3. =The Vienna Congress and the Concordat.=--The Vienna Congress of 1814, 1815, had assigned it the difficult task of righting the sorely disturbed political affairs of Europe and giving a new shape to the territorial and dynastic relations. But never had an indispensably necessary redistribution of territory been made more difficult or more complicated by diplomatic intrigues than in Germany. Instead of the earlier federation of states, the restoration of which proved impossible, the federal constitution of June 8th, 1815, created under the name of the German Confederation a union of states in which all members of the confederation as such exercised equal sovereign rights. Their number then amounted to thirty-eight, but in the course of time by death or withdrawal were reduced to thirty-four. The new distribution of territory, just as little as the Luneville Peace, took into account confessional homogeneity of princes and territories, so that the combination of Catholic and Protestant districts with the above referred to consequences, occurred in a yet larger measure. But the federal constitution secured in Article XVI. full toleration for all Christian confessions in the countries of the confederation. The claims of the Romish curia, which advanced from the demand for the restoration of all ecclesiastical principalities and the return of all impropriated churches and monasteries to their original purposes, to the demand for the restoration of the holy Roman-German empire in the mediæval and hierarchical sense, as well as the solemn protest against its conclusions laid upon the table of the congress by the papal legate Consalvi, were left quite unheeded. But also a proposal urgently pressed by the vicar-general of the diocese of Constance, Baron von Wessenberg (§ 187, 3), to found a German Catholic national church under a German primate found no favour with the congress; and an article recommended by Austria and Prussia to be incorporated in the acts of the confederation by which the Catholic church in Germany endeavoured to secure a common constitution under guarantee of the confederation, was rejected through the opposition of Bavaria. And since in the Frankfort parliament neither Wessenberg with his primacy and national church idea nor Consalvi with a comprehensive concordat answering to the wishes of the curia, was able to carry through a measure, it was left to the separate states interested to make separate concordats with the pope. Bavaria concluded a concordat in 1817 (§ 195, 1); Prussia in 1821 (§ 193, 1). Negotiations with the other German states fell through owing to the excessiveness of the demands of the hierarchy, or led to very unsatisfactory results, as in Hanover in 1824 (§ 194, 1) and the states belonging to the ecclesiastical province of the Upper Rhine in 1837 (§ 196, 1). In the time of reaction against the revolutionary excesses of 1848 the curia first secured any real advance. Hesse-Darmstadt opened the list in 1854 with a secret convention (§ 196, 4); then Austria followed in 1855 with a model concordat (§ 198, 2) which served as the pattern for the concordats with Württemberg in 1857 (§ 196, 6), and with Baden in 1859 (§ 196, 2), as well as for the episcopal convention with Nassau in 1861 (§ 196, 4). But the revived liberal current of 1860 swept away the South German concordats; the Vatican Council by its infallibility dogma gave the deathblow to that of Austria, and the German “_Kulturkampf_” sent the Prussian concordat to the winds, and only that of Bavaria remained in full force.

§ 192.4. =The Frankfort Parliament and the Würzburg Bishops’ Congress of 1848.=--As in the March diets of 1848 the magic word “freedom” roused through Germany a feverish excitement, it found a ready response among the Catholics, whose church was favoured in the highest degree by the movement. In the Frankfort parliament the ablest leaders of Catholic Germany had seats. Among the Catholic population there were numerous religio-political societies formed (§ 186, 3), and the German bishops, avowedly for the celebration of the 600th anniversary of the building of Cologne cathedral, set alongside of the Frankfort people’s parliament a German bishops’ council. After they had at Frankfort declared themselves in favour of unconditional liberty of faith, conscience, and worship, the complete independence of all religious societies in the ordering and administering of their affairs, but also of freeing the schools from all ecclesiastical control and oversight, as well as of the introduction of obligatory civil marriage, the bishops’ council met in October at Würzburg under the presidency of Archbishop Geissel of Cologne with nineteen episcopal assistants and several able theological advisers. In thirty-six sessions they reached the conclusion that complete separation between church and state is not to be desired so long as the state does not refuse to the church the place of authority belonging to it. On the other hand, by all means in their power they are to seek the abrogation of the _placet_ of the sovereign, the full independence of ecclesiastical legislation, administration and jurisdiction, with the abolition of the _appellatio tanquam ab abusu_, the direction and oversight of the public schools as well as the control of religious instruction in higher schools to be given only by teachers licensed for the purpose by the bishops, and finally to demand permission to erect educational institutions of their own of every kind, etc., and to forward a copy of these decisions to all German governments. The main object of the Würzburg assembly to secure currency for their resolutions in the new Germany sketched out at the Frankfort parliament, was indeed frustrated by that parliament’s speedy overthrow. Nevertheless in the several states concerned it proved of great and lasting importance in determining the subsequent unanimous proceedings of the bishops.

§ 193. PRUSSIA.

To the pious king Frederick William III. (1797-1840) it was a matter of heart and conscience to turn to account the religious consciousness of his people, re-awakened by God’s gracious help during the war of independence, for the healing of the three hundred years’ rent in the evangelical church by a union of the two evangelical confessions. The jubilee festival of the Reformation in 1817 seemed to him to offer the most favourable occasion. The king also desired to see the Catholic church in his dominions restored to an orderly and thriving condition, and for this end concluded a concordat with Rome in 1821. But it was broken up in 1836 over a strife between canon and civil law in reference to mixed marriages. Frederick William IV. was dominated by romantic ideas, and his reign (1840-1858), notwithstanding all his evangelical Christian decidedness, was wanting in the necessary firmness and energetic consistency. In the Catholic church the Jesuits were allowed unhindered to foster ultramontane hierarchical principles, and in the evangelical church the troubles about constitution, union, and confession could not be surmounted either by its own proper guardian, the episcopate, or by the superior church councils created in 1850. And although the notifications of William I. on his entrance upon the sole government in 1858 were hailed by the liberals as giving assurance that a new era had dawned in the development of the evangelical national church, this hope proved to be premature. With the exaltation of the victory-crowned royal house of Prussia to the throne of the newly erected German Empire on January 18th, 1871, a new era was actually opened for ecclesiastical developments and modifications throughout the land.