Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

ments. . . ., to bring them to the sick in the affiliated area, and to have public funerals accompanied by their clergy.

Second: They are free to appoint their own schoolmasters, who shall be maintained by their congregations. Nonetheless, Our provincial school authority shall supervise schoolmasters concerning educational method and organization. . . .

Third: The non-Catholic inhabitants of a locality who endow and support their pastors may choose the same. But if the authorities are willing to provide support, they should then enjoy the jus praesentandi.1 However, We reserve to Ourselves the confirmation in such manner that where Protestant consistoriers exist, confirmation shall be by them. . . .

* * *

Fifth: We graciously grant that jurisdiction in matters touching the religious life of non-Catholics be laid upon Our provincial political authorities who, with the assistance of some of their [the non-Catholics'] pastors and theologians, shall declare and determine according to their religious principles, without prejudice to further recourse to Our political Court Chancery.

Sixth: The issuing of declarations at marriages, which has become usual on the part of non-Catholics, concerning the education of their children in the Roman Catholic religion is to be wholly discarded in the future, because children of both sexes of a Catholic father are to be reared in the Catholic religion without question. This is to be regarded as a prerogative of the dominant religion. On the other hand, children of a Protestant father and Catholic mother shall follow them according to their sex.

Seventh: In the future non-Catholics may be admitted to the purchase of houses and property, to the freedom of towns and companies [Bürger- und Meister- Rechte], to academic degrees and the civil service by dispensation. They are to be held to no form of oath other than that which is agreeable to their religious principles, nor to attendance at processions or functions of the dominant religion, if they themselves do not desire it. In all selections and bestowal of employment the integrity and capability and then the Christian and moral behavior of the candidate are alone to receive consideration, without regard to any difference in religion. . . .

Source: Gustav Frank, Das Toleranz-patent Kaiser Joseph II ( Vienna, 1882), pp. 37-40.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

M. C. Goodwin, Papal Conflict with Josephism ( New York, 1938).

New Cambridge Modern History ( Cambridge, 1957- 1970), VI, 290-293.

F. Nielsen, The History of the Papacy in the Nineteenth Century ( London, 1906), I, 109- 136.

C. H. O'Brien, Ideas of Religious Toleration at the Time of Joseph II ( Philadelphia, 1969).

____________________
1
Patronage right empowering possessor to nominate qualified clergyman to ecclesiastical vacancy.

-27-

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