cers ; that the complete direction of the education of the Catholic clerg}', and
of Catholic schools, should be committed to them ; and that the sacrament
of marriage should be allowed to be administered without any reference to
the civil law. The Constitution (Jan. 31, 1850) left the principle of indepen-
dence as it was, and allowed all persons freely to hold intercourse with eccle-
siastical superiors, but subjected the promulgation of ecclesiastical edicts to
the same restrictions as were imposed upon all other publications, and relin-
quished the investiture of ecclesiastical officers only so far as they did not
depend upon patronage, or some special legal title. But since that time, the
government has made a series of concessions, {!) some of which relate even
to the oath of allegiance to the constitution, {in) The limitation of theo-
logical studies in foreign Jesuit institutions, and of the Jesuit missions, was
again discussed (1852), and the mildest construction given of it which the
language would allow, (n) A small Catholic party was formed in the Cham-
h) Denksch. der v. 1-20. Oct. 1850, zu Freysing versammeltcn Erzbischofe u. Bisch. Bayerns.
Munich, 1S50. 4 i) Of April 8, 1850: Allg. Z. 1852. N. 118.
k) Printed in tlie Katliolik. Mayence, Proceedings of the Chambers in Sept : Brl. KZ. 1849. N.
84ss. 8S. 89. 1850. N. 4.
I) liaise., ev. prot. K. d. dt Reichs. p. 389ss. Knie», p. 133.
m) Brl. KZ. 1850. N. 4. 33. 203. Der Conflict d. preiiss. Reg. m. d. kath. Bisch. in Betr. d. Ver-
fessungseides. Lps. 1850. n) Brl. KZ. 1852. N. &3. 80s. 103.
CHAP. VI. CATII. CHUllCn TILL 1S53. § 475. PHUSSIA. MECIILENBrKG. G43
bers, which did not scruple to connect itself -with tlie Right or tlic Left,
according to circumstances ; and as the government were obliged to rule by
a party, these were often strong enough to give the preponderance where
thov i>lea.sed. But a complete independence of the clergy was not ctTocted,
for a general dislike was felt to the establishment of an independent sacerdo-
tal power, subject only to a foreign sovereign, whose decisions were formed
by divine authority, and were regarded by the bishops as their rule of right,
to which the heretical ruler of so many ancient ecclesiastical countries would
be tolerable only as a matter of necessity, and by which a portion of the
people would be so educated, that very soon a second Westphalian Peace
would become indispensable. Even the complaints from Posen respecting
the non-fultilment of the conceded right to spiritual jurisdiction, the admin-
istration of Church property, and the Protestantizing and denationalizing the
schools, (") were not regarded. Wlien yl ;ho/(?/, Bishop of Treves, required
(March 12, 15, 1853) the pastors under his jurisdiction to allow of mixed
marriages only when the non-Catholic party promised upon oatli to have all
the children to be educated in the Catholic faith, and even then to witlihold
the ecclesiastical benediction, (;/) a general astonishment was expressed at
this extravagant application of the papal enactment of 1830. The king pro-
claimed, that every officer of his army wlio contracted marriage under such
dishonorable conditions, should be immediately dismissed from service. The
general belief that an apostolical brief of such a tenor had been issued to aU
the Prussian bishops, was partially corrected at Treves ; and it was shown
that an attempt had been made to ascertain whetlier such a proceeding would
be then tolerated in Prussia, by such a limitation imposed upon each bishop
by the Propaganda at the renewal of his quinquennial faculties (p. 4G0). (q)
In Mechleithta-gSchwcvm, the return to orthodoxy which was favored by the
higher classes, was in some instances carried too far ; and a landed i)roprietor
who had recently become a Catholic, employed a priest of Mayence as his
domestic chaplain. This priest was conveyed, by order of the government
(Sept., 1852), out of the country, on the ground that the stated employment
of a priest was not implied in tlie privilege of domestic worship, and that
the Catholic worship was tolerated merely by an arrangement with the sov-
ereign (1788, 1809, 1811), under certain local restrictions. (?) A complaint
with respect to this proceeding, founded upon the sixteenth article of the
Act of Confederation, was sent back by the diet in accordance with the ex-
isting law, and by the Diet of the Confederation on the ground of incompe-
tency. (.") The five bishops of the Ecclcsiadlcal Provinrc of the rppcr
Ehinc {t) disclosed also to their respective governments what they regarded
as essential to the ecclesiastical independence promised them, viz. : free inter-
o) Protnoinoria betr. d. Beeintriicht d. kath. K. itn G. Posen. Pos. 184S. f.
p) Brl. KZ. 1853. N. 33. 36. 45.
q) V>. A. Z. 1S53. N. 161. -A. KZ. 1S53. N. 134.
r) (A. It', f. Schroeter.) Die kath. Itel. Uobunp in Meckl. Geschiclitl. u. reclitlicli. Jena, 1S52. On
tlie "ther hand : J. T. B. v. Linde, u. d. rcchtl Oleielistcll. d. ehr. Kel. Parteien in d. dt. Bundeast
insb. in Meekl. Giess. 1S52.
«) Bri. KZ. 1852. N. 100. 1853. N. 50. D. A. Z. 1S52. N. 444.
t) For them: M. Lieher, in Sachen d. oberrli. Kl'rov. m. Actenst. Freib. 1853. F. Hiess, klrch-
644 MODERN CHURCH HISTORY. PER. VI. A. D. 164S-1S53.
course with Rome ; the validity of papal and episcopal edicts, without the
concurrence of the states ; the unrestrained administration of Church pro-
perty ; the necessity of the consent of the bishop to the instruction given in
schools of all kinds ; the establishment of seminaries under the care of the
bishop ; an alteration of the academical studies, and of the chapter, so as to
make them conform to the principles of the canon law ; a recognition of the
episcopal right to examine their clergy, to the exclusion of an examination
by the state ; the investiture of all clerical officers by the bishop, as far as
was consistent with a well-established right of patronage ; the restoration of
the episcopal right to control priestly functions and popular missions ; and
the unrestrained exercise of the power of punishing all members of the
Church, without being subject to an appeal to the civil authorities. (;<) The
government of Darmstadt refrained from enforcing the institution of the
candidate whom it preferred for the see of Mayence, and who had been
elected by the chapter in the informal way sanctioned by a frequent Roman
usage, (r) allowed a bishop to be invested (1849) who, it well knew, would be
the leader of the opposition, and saw the very last student forsaking its own
theological faculty at Giessen, in consequence of the constitutional freedom
of studies proclaimed in the seminary he re-established at Mayence (1851.) {w)
When the commissioners of the government assembled at Carlsruhe made
them no reply, the bishops remarked that they Avould in any case act as if
their demands had been complied with (Feb. 22) ; and when these demands
were finally for the most part rejected (March 5, 1853), (x) they declared
that they shoiUd obey God rather than man ; and that, in accordance with
the doctrine generally received in their Church, and tlie law founded upon
it, they should oppose the regulations prescribed by the government, on the
ground that their supreme ecclesiastical head had long since condemned
them as anticatholic and illegal (April 12). {y) It was determined that an
attempt, which should be an example for all other places, should be made in
Baden, where the revolution had been most radical, and where the youth of
the ruler presented tlie greatest hope. Herman of Vicari^ Archbishop of
Friburg, who, contrary to all precedent, had prohibited the funeral solenmi-
ties prescribed by the government for the late Grand Duke, on account of
the course that prince had pursued toward the Church (1852), {z) by his own
authority nominated a pastor for Constance and an ecclesiastical council, had
the seminaries examined without a commissioner from government, and threat-
ened to excommunicate the members of the supreme council of the Church, un-
less they would either act according to the episcopal memorial, or resign their
offices. He was admonished by the ministry (Oct. 31, 1853) to revoke these
lich-pol. Bliitter a. d. oberrh. KPr. Stnttg. 1853. Against: S. B. Leu. Warnung v. Neuer u. Ueber-
treibnngen. Lnz. 1S53. Biscliufl. Tbeoiien u. posit Recht Stuttg. 1S53. — L. A. Warnk'unig, u. d.
Conflict d. Episcopats d. oberrh. KProv. Erl. 1853.
?i) Memorial of March, 1S51, in Lieher, p. 18ss. Abstract: Brl. KZ. 1851. N. 45.
«) Leop. Schmidt, u. d. jiingste Mainzer Bischofswahl. Giess. 2 ed. 1850. Comp. Ihid. Geist d.
Catholicism, o. grundl. d. chr. Irenik. Giess. 1S48. vol. I.
u') Brl. KZ. 1851. N. 45. cr) Decree of the Baden Gov. in Lieber, p. 4Tss.
y) Brl. KZ. 1853. N. 33. The reasons for the Act of June IS: Denksch. d. Episcopates d. oberrh.
KPr. in Bezug a. d. Wiirt. Bad. Hess. u. Nass. Entschliessung v. 5. Marz. Frelb. 1863.
z) Brl. KZ. 1852. N. 3Ss. 40. 59.
CHAP. VI. CATII. CHURCH TILL 1S53. § 475. BADEX. § 4TG. SWITZERLAND. G45
acts, -vvhicli were oppo.'^ecl to the law.^ he had sworn to observe, an<I the eccle-
siastical constitution which haJ been peacefully in force for lialf a century ;
but lie replied, that he could no longer yield obedience to laws in conflict with the
riglit of ecclesiastical self-government guarantied by international treaties, and
which annihilated the order Christ had bestowed upon the Church. The
government then appointed an officer (Nov, 7), whose indorsement was made
indispensable to the validity of all archiepiscopal edicts ; those clergymen
who ventured to obey such edicts, regardless of this arrangement, were threat-
ened with punishment by the police, and those who oljeyed the government
were assured of its protection. The archbishop dismissed the officer of the
government with his excommunication (Nov. 10); published a hanglity pastoral
epistle (Nov. 11), in which he expressed a desire of martyrdom; openly clial-
lenged the ministry — though, as was proper under a constitutional govern-
ment, only the ministry — to a war; protested against this ministerial inter-
ference, proceeding fn)m Protestant views, with his holy office ; uttered an
excommunication, to be read from every pulpit, against each member of the
supreme ecclesiastical council (Nov. 14) ; and gave orders that this matter
should be explained to the people in the parish churches on four Sundays, on
the basis of the episcopal memorial and the pastoral epistle, (a) The govern-
ment did not venture to lay hands upon the aged archbishop, but the subor-
dinate executors of his will were fined and imprisoned. These imprison-
ments, however, often involved the members of the congregations, and could
not be carried out against tlie multitude. Contributions also flowed in
from abroad, amply sufficient to make u[) for all fines, and for any retenticm
of revenues. But the Catholic people could not be aroused by the fanatical
pamjjhlets scattered among them, (b) to make any very imposing demonstra-
tion ; the councils of the congregations, and even clergymen, prayed to be
excused from the not very edifying four discourses, and the archbishop was
obliged to depose a number of deacons. The pope, however, higlily extolled
his remarkable firmness against a government which was continually worry-
ing the Church ; (r) and almost all German, Belgian, and French bishops
have expressed their joyful approbation of the archbishop's course, and
joined with him in directing that solemn prayers should be offered up in
their churches against the persecutors of the Church.
§ 476. The Swiss.
L. Snell, C. W. Glvck, u. A. TTenne, prafrm. Erziihl. d. kirclil. Ereipi. in d. kntli. Schw. Mannh.
1850s. 2 vols. — Die rom. Curie u. d. kirclil. Wirren d. Schw. Offcnb. 1S41. Die Scliweizf-r Jesuiten-
ft-age in ttaats- ii. volkerrcclitl. Uedeut (Schwcgler, Jahrb. 1845. II. 3.) Gescli. d. Jesuitenkamiires in
d. Schwfii!. 7mt. 1845.— Tub. Quarti-.L-ichr. 1885. P. 4. F. Ifurter, d. Befeindung d. katli. K. in d.
Schw. 8. 1831. Schaffh. lS42s. 4 Abth.
According to ancient usage, the Swi.ss had a metropolitan connection,
some with Bosancon, and others with Mentz, and of course sympathized with
these churches in tlieir tendencies to freedom. The connection of the former
portion in the western part of Switzerland with the Galilean Church, was
a) On?. Docc. : D. A. Z. 19.58. N. 258. 2C8. 273. 279. Append. 280. 308. A. KZ. 1853. N. 186s8.
b) " Katholiken, habt aclit ! "
c) Allocution of Dee. 19 : D. A. Z. 1854. N. 5.
646 MODERN CHURCH HISTORY. PER. VI. A. D. 1648-1S53.
broken off by the revolution. The most important part of the confederacy
belonged to the bishopric of Constance^ and had received from that source
not only an economical administration of their affinrs, hut protection against
the claims of the nuncio at Lucerne. The people in this part were now en-
joying much prosperity under the influence which Wessenburg exerted for
the improvement of the people and the clergy. -Hence, when a political
reaction took place in 1814, the nuncio thought a favorable time had come
for effecting a separation of Switzerland from Constance. Pleased with the
promise of an independent national diocese, the Coufederates applied for a
division at Rome, and in violation of every canonical form. Pirn VII. hastily
rent asunder a connection which had existed for a thousand years. («) As
almost every canton was anxious to have the national bishopric within its
bounds, and hopes were secretly encouraged in each, the administration of
ecclesiastical affairs came into the hands of a vicar-general appointed by the
pope, the Jesuits got the control of all education in Freiburg and in the
Valais, and Switzerland became the headquarters of the hierarchy. Keller
of Lucerne, who about this time swore that this party should never obtain
the victory as long as he continued a magistrate, was soon after found dead
in the waters of the Reuss (181G). After tedious intrigues, it was decided
that a few small dioceses should in some instances be continued, and in oth-
ers be newly formed (1828) ; and all of them, instead of being placed under
an archbishop, were made directly dependent upon Rome. This victory soon
became of hut little importance, in consequence of the revolution of 1830.
In the midst of many controversies between the lay and the clerical author-
ities, the cantons of the progressive party united at Baden (183-4s.), to effect
by common measures the establishment of a national archbishopric, or the
formation of a German Metropolitan connection, a powerful supervision of
the Church by the state, a free national education, and the appropriation of
the aid of the convents to pious objects of general utility. (&) Gregory XVI.
condemned these articles adopted by the conference as an attempt to subject
the Church to the laity ; (c) the nuncio withdrew from Lucerne, and took up
his residence at Schwitz (Nov. 14, 1835), and Catholic associations excited
the people against the new constitution of the state. But the Roman party
found in the decided popular will which had been awakened by this agency
among the Catholic or mixed cantons, a pious but rude sovereign, while in
the overthrown aristocracy of the reformed cantons they found an important
ally. The Catholic insurrection in Pruntrut (1835) was suppressed by Berne.
The Catholic clergy in Glarus refused to take the oath of allegiance to the
new constitution, except with a reservation in favor of their ecclesiastical
obligations, which was finally allowed to them (1837). {d) St. Gall unani-
mously abolished the convent of Pfaefer (1838), the Catholic population
merely insisting that the property of the convent belonged exclusively to
their charitable institutions, {e) Aargau undertook the administration of the
property of its convents ; and when the convents protested against such a
a) Arcbiv. f. KG. vol. II. p. 651ss. V) Acta bist. ecc. 1835. p. 43ss.
c) Ibid. p. 8ss. d) Ibid. 183T. p. 125ss.
e) A. KZ. 1S33. N. 45. A. Z. 1838. Snppl. N. 217. Brl. A. KZ. 1S39. N. 101.
CHAP. VI. CATn. CIIUKCII TILL 1S53. § 476. SWITZ. SONDERBUND. 647
course as an injury to themselves, tlie government rejjlied that this was
apparently the first step for the abolition of convents whicli had been guaran-
tied in the treaty of the league (1837). (/) But an insurrection of the
Catholic minority, in opposition to the constitution revised so as to make it
conform to the views expressed in the articles of conference, was made use
of as a reason for taking possession, by a decree of the great council (Jan.
20, 1811), of eight convents, cspeoiully of the wealthy monastery of Muri,
which had been founded by the house of Hapsburg. It was alleged that
these convents were used as places of rendezvous for those who were en-
gaged in insurrection, and their revenues were now approi)riated to objects
connected with education and charity. {(/) The complaint and petition for
the re-establishmcut of the convents was under discussion for a long time in
the diet with doubtlul success, until more than twelve cantons declared
themselves satisfied with the concessions made by Aargau for the establish-
ment of three nuimeries (.Vug. 31, 1843). On the other hand, Lucerne, at
the head of those cantons favorable to Rome, protested against them, on the
ground that they were an infraction of the terms of the league. (//) For in
Lucerne, at the revision of the constitution, the Romish party, under the
influence of the robbery of the convents of Aargau, had obtained the as-
cendency (May 1, 1841), and tlie nuncio returned with great pomp (Jan. 22,
1843). Switzerland was now divided into two hostile parties, distinguished
by their apparently external, though really internal affinities and antipatliies
of Jesuitism and Radicalism. In the 1 «7a/s, the liberals were overthrown at
Trent (May 1, 1844) in a sanguinary battle by the sacerdotal party, and the
affairs of the canton were then directed according to the wi.shes of the vic-
tors, (i) In Lucerne^ also, a majority of votes was obtained by means of the
country people, in favor of a recall of the Jesuits, and intrusting the theo-
logical schools to their instruction. Qc) The party which had previously held
the supremacy, was now sujjported by the voluntary assistance of those
Catholics who were of the same views, and by Protestants from aU the can-
tons. This undisciplined host of volunteers, which attempted to wrest Lu-
cerne from the possession of the Jesuits by a single blow, were entirely dis-
persed (Dec. 8, 1844, March 31, 1845) by the army of the original cantons,
and all domestic opposition was overthrown. (J) In view of this victory, as
well as of the dangers which threatened them. Lucerne innuediately con-
cluded a military alliance with the three original cantuns, and with Valais,
Freiburg, and Zug, for mutual protection against invasion or internal commo-
tion, and the allies then demanded in a threatening manner the restoration
of the convents of Aargau. (wt) The liberal party demanded the general
,f) Acta liist ecc. 1837. ]). lS7ss.
g) Die Auf liobung d. Aarg. KMster. Denksclir. an 0. Lidgcniiss. Stande. Aarau, 1841. 4. (Ulioinw.
Eep. v(,l. XXXIII. p. 170. 5iG4-s.) Bri. KZ. 1841. N. 14.
h) Ibid. 1843. N. 108. A. Z. 1843. N. 173. 247. i297. .334.
i) Die Ereignisijo im Wall. Traiibl. of the work: la contrc-rovol. en Valais, by J/i Barmann, with
Introd. by L. Snell, Zur. 1844. (a partisan publ.)
k) Brl. KZ. 1844. N. 93. 184G. N. 1.
I) D. A. Z. 1844. N. 352. Brl. KZ. 1845. N. 31. I)a.s rotbe Buclilcln o. d. Freiscliaarenzug Bern.
1845. m) D. A. Z. 1846. N. 27.
648 MODERN CHURCH HISTORY. PER. VI. A. D. 164S-1863.
expulsion of the Jesuits as indispensable to the tranquillity of the Confed-
eracy, and after many negotiations, the diet declared (Jnly 20, 1847) by a
small majority that the separate alliance (Sonderbund) was inconsistent with
the general confederation, and was therefore dissolved, and that the seven can-
tons should be held responsible for its continuance. (») To this division into re-
ligious parties was added, on the one side, a struggle for a more efficient unity
of the states, and on the other, for the maintenance of the sovereign rights
of the separate cantons. Pius IX. still exhorted them to the cultivation of
peace, (o) but he did not venture on the recall of the Jesuits as the measure
most likel}' to reconcile all parties, but it appeared probable that a decision
could be attained only by a civil and religious war. A superior army was
called into the field by the diet, and the miraculous pennies purchased from
the Jesuits to secure the immediate protection of the Virgin against the bul-
lets of the enemy, {p) were found insufficient. The foreign aid was too
scanty ; Freiburg capitulated ; the small affair near Gislicon (Nov. 23) be-
came as important for the Protestants as that at Cappel once was for the
opposite party, and all the cantons were obliged to renounce the Sonderbund,
and submit to the diet. The Jesuits universally had fled, and from the pro-
perty they left, the conquered cantons paid a part of their quota for the
expenses of the war. {q) These events produced an important change in the
administration, for in Lucerne, in consequence of a revolution in public sen-
timent, the party which had for years been trampled under foot now gained
the ascendency, and in Freiburg, the faction which had long governed merely
by the aid of foreign arms, was now obliged to defend itself against a series
of revolutionary attempts. In 1848, Switzerland availed itself of the oppor-
tunity, when Austria and France had enough to do at home, to form itself
into a confederacy. In the new constitution, was secured liberty of con-
science for all the confessions recognized by the state, and equal rights for aU
citizens ; the order of the Jesuits was excluded from the country, and every
governmental guarantee for the monasteries was withdrawn. (/â– ) The federal
authorities, by a special law respecting mixed marriages (1850), have entirely
divested them of ecclesiastical restrictions, have made the education of the
children dependent upon the will of the father, and in every instance have
permitted a Protestant clergyman to solemnize a marriage, when a Catholic
priest has refused to do so. (s) In many cantons, monasteries have been
either abolished, or condemned to die by a gradual process. Freiburg, in
connection with the four cantons in its diocese (Lausanne), concluded a con-
cordat containing the essential principles of the articles of the Conference
of Baden, {t) The Bishop Murilley sent forth secret and public admonitions
against the new constitution. "When asked if he would unconditionally sub-
ject himself to it, and submit his public acts to the approbation of the gov-
ernment, he replied that he would prefer death to such a servitude. Chillon
became once more the prison of an illustrious captive (Oct. 29, 1848), who,
n) D. A. Z. 1845. N. 37. 184T. N. 208. 252. 297. 299.
o) Ibid. 1847. N. 803. p) Ibid. 1847. N. 350.
q) Ibid. N. 344. r) Art. 44-4S. 58.
fi) Brl. KZ. 1850. N. S3, but comp. 1851. N. 39. t) Ibid. 184S. N. 1
CHAP. VI. CATH. CnUKCIl TILL 1S.\% § 477. IRELAND. 649
however, soon exchanged his confinement for banislinient. (?/) The holy
father wept with him, (r) appealed to the federal law with respect to freedom
of conscience, to justify his attempt to secure the independence of his clergy,
and protested against all aggressions since 1847 upon the rights of the
Church. Qr) For the sake of a general reconciliation, the Bishop of Basle
recommended what had also been proposed in a popular society, that the
remainder of the debt for the war of the Sonderbund should bo paid by a
voluntary otFering. (j)
§ 477. Ireland and England.
Irlsclie Zuft-inde. (Klieiniv. Kep. vol. XIII. p. 2C.3»s. XIV, OSss.) F. TT{urter), Irl. Zustnnd. (Tub.
Quartalsch. lS4ii. II. 4.) E. F. Vugel, i>rn^'m. Gescli. d. pol. u. re!. Verh. zw. Eni;!. ii. Irl. Lps. 1S42.
II. Murray, Irel and her Cliurcli. Loud. ed. 3. 1845. 3 vol?. — O. Mejer, d. Propajranda in Engl.
1S51. — G. lie Jieaiimniit, I'lrland socialo, politique et religieuse. Par. 1S;J9. 2 vols. [Ireland, from tho
Frencli of Beaumont by Taylor, Lond. 1S40. 2 vols.]—,/. G. Kohl. [Travels in Ireland, from tho
Germ. New York. 1S44. S. /'. v. Iltiumer, Engl, in lS:3o. in Letters from the Germ. Lond. 1836. 8.]
The iniquity of the fathers had descended in the form of a curse of mis-