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Rh The influence of Liberalism, which served the government so well in this work of construction, brought about also the conflict with the Roman Catholic Church which distracted Germany for many years. The causes were, indeed,

partly political. The Ultramontane party in Austria, France and Bavaria had, after 1866, been hostile to Prussia; there was some ground to fear that it might still succeed in bringing about a Catholic coalition against the empire, and Bismarck lived in constant dread of European coalitions. The Polish sympathies of the Church in Germany made him regard it as an anti-German power, and the formation of the Catholic faction in parliament, supported by Poles and Hanoverians, appeared to justify his apprehensions. But besides these reasons of state there was a growing hostility between the triumphant National parties and the Ultramontanes, who taught that the pope was greater than the emperor and the Church than the nation. The conflict had already begun in Baden. As in every other country, the control of the schools was the chief object of contention, but the government also claimed a control over the education and training of the clergy. With the formation of the empire the conflict was transferred from Baden to Prussia, where there had been for thirty years absolute peace, a peace gained, indeed, by allowing to the Catholics complete freedom; the Prussian constitution ensured them absolute liberty in the management of ecclesiastical affairs; in the ministry for religion and education there was a separate department for Catholic affairs, and (owing to the influence of the great family of the Radziwills) they enjoyed considerable power at court.

The latent opposition was aroused by the Vatican decrees. A small number of Catholics, including several men of learning and distinction, refused to accept Papal Infallibility. They were encouraged by the Bavarian court, which

maintained the Febronian tradition and was jealous of any encroachment of the Papacy (see ); but besides this the Protestants throughout Germany and all opponents of the Papacy joined in the agitation. They made it the occasion for an attack on the Jesuits; even in 1869 there had been almost a riot in Berlin when a chapel belonging to a religious order was opened there. During 1870 and 1871 meetings were held by the Gustavus Adolphus Verein, and a great Protestant conference was called, at which resolutions were passed demanding the expulsion of the Jesuits and condemning the Vatican decrees. As the leaders in these meetings were men like Virchow and Bluntschli, who had been lifelong opponents of Catholicism in every form, the result was disastrous to the Liberal party among the Catholics, for a Liberal Catholic would appear as the ally of the bitterest enemies of the Church; whatever possibility of success the Old Catholic movement might have had was destroyed by the fact that it was supported by those who avowedly wished to destroy the influence of Catholicism. No bishop joined it in Germany or in Austria, and few priests, though the governments were ready to protect them in the enjoyment of the privileges secured to Catholics, and to maintain them in the use of the temporalities. There was no great following among the people; it was only in isolated places that priests and congregation together asserted their rights to refuse to accept the decrees of the Church. Without the help of the bishops, the leaders had no legal basis; unsupported by the people, they were generals without an army, and the attempt to use the movement for political purposes failed.

None the less this was the occasion for the first proceedings against the Catholics, and curiously enough the campaign began in Bavaria. The archbishop of Munich had published the Vatican decrees without the Regium placetum, which was required by the constitution, and the government continued to treat Old Catholics as members of the Church. In the controversy which ensued, Lutz, the chief member of the ministry, found himself confronted by an Ultramontane majority, and the priests used their influence to stir up the people. He therefore turned for help to the imperial government, and at his instance a clause was added to the penal code forbidding priests in their official capacity to deal with political matters. (This law, which still exists, is popularly known as the Kanzlei or Pulpit-paragraph.) It was of course opposed by the Centre, who declared that the Reichstag had no right to interfere in what was after all a religious question, and the Bavarian Opposition expressed much indignation that their government should turn for help to the Protestants of the North in order to force upon the Catholics of Bavaria a law which they could not have carried in that state.

For twenty years the Old Catholics continued to be a cause of contention in Bavaria, until the struggle ended in the victory of the Ultramontanes. In 1875 the parliament which had been elected in 1869 for six years came to an end. In order to strengthen their position for the new elections, the Liberal ministry, who owed their position chiefly to the support of the king, by royal ordinance ordered a redistribution of seats. By the constitution this was within their power, and by clever manipulation of the constituencies they brought it about that the Ultramontane majority was reduced to two. It does not appear that this change represented any change of feeling in the majority of the people. The action of the government, however, caused great indignation, and in a debate on the address an amendment was carried petitioning the king to dismiss his ministry. They offered their resignation, but the king refused to accept it, publicly expressed his confidence in them, and they continued in office during the lifetime of the king, although in 1881 the growing reaction gave a considerable majority to the Ultramontane party. After the death of the king the prince-regent, Luitpold, still retained the old administration, but several concessions were made to the Catholics in regard to the schools and universities, and in 1890 it was decided that the claim of the Old Catholics to be regarded officially as members of the Church should no longer be recognized.

Meanwhile at Berlin petitions to the Reichstag demanded the expulsion of the Jesuits, and in 1872 an imperial law to this effect was carried; this was again a serious interference with the control over religious matters reserved to

the states. In Prussia the government, having determined to embark on an anti-Catholic policy, suppressed the Catholic division in the ministry, and appointed a new minister, Falk, a Liberal lawyer of uncompromising character. A law was carried placing the inspection of schools entirely in the hands of the state; hitherto in many provinces it had belonged to the clergy, Catholic or Protestant. This was followed by the measures to which the name Kulturkampf really applied (an expression used first by Virchow to imply that it was a struggle of principle between the teaching of the Church and that of modern society). They were measures in which the state no longer, as in the school inspection law or in the introduction of civil marriage, defended its prerogatives against the Church, but assumed itself a direct control over ecclesiastical matters.

At the end of 1872 and the beginning of 1873 Falk laid before the Prussian Lower House the draft of four laws. Of these, one forbade ministers of religion from abusing ecclesiastical punishment; the second, which was the most important, introduced a law already adopted in Baden, that no one should be appointed to any office in the Church except a German, who must have received his education in a German gymnasium, have studied for three years in a German university, and have passed a state examination in philosophy, history, German literature and classics; all ecclesiastical seminaries were placed under the control of the state, and all seminaries for boys were forbidden. Moreover, every appointment to an ecclesiastical benefice was to be notified to the president of the province, and the confirmation could be refused on the ground that there were facts which could support the assumption that the appointment would be dangerous to public order. The third law appointed a court for trying ecclesiastical offences, to which was given the right of suspending both priests and bishops, and a fourth determined the procedure necessary for those who wished to sever their connexion with the Roman Catholic Church.

As these laws were inconsistent with those articles of the Prussian constitution which guaranteed to a religious corporation