Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview
marriages, which acts are allowed. in private houses, when the. . . . ministers shall be obliged. . . . to give official notice of them to the parochial priest, who is charged to enter the same into the church register. . . . With respect to interments . . . the respective minister of the confession of any deceased person shall be allowed. . . . to attend the funeral procession and to pronounce an oration at the grave. For the rest, those inhabitants who are not attached to the religion established in any place, so long as they form no separate church, shall be classed with the other parishioners, in whatever does not invade the freedom of their. . . . worship or . . . consciences, and shall therefore . . . pay to the parochial clergy the jura stolae allowed by law.1
5. In appointing to places . . . no regard whatever shall in future be paid to the difference of the Christian confessions; . . . preference shall be given only to the most deserving, whether he be a member of the Catholic or of either of the Protestant churches.
6. Hereafter . . . every subject following any of the three Christian confessions, provided he [possess] all other points required by law, [is] to be entitled to the freedom of any place and to the full enjoyment of such rights as are connected with it.
7. To contract marriage with a person of a different Christian sect. . . . there needs no dispensation. . . . The offspring of such marriages [are] . . . to be brought up in the religion of the father. . . . Parents, however, [are] . . . to be permitted to agree upon, and stipulate for, a separate education, according to the sex of their children, or for any other arrangement; provided that, if the father be a Lutheran, the sons are without any exception bred in that religion; and the agreements alluded to must be understood to have validity only if concluded before the magistracy of the husband. After attaining to years of discretion, children born in such marriages are at liberty to embrace. . . . either Christian faith; individuals, however, holding any place under the king's civil government, [are] not to change their religion unless after previously informing us of it through the. . . . head of the department to which they belong.
8. In marriages between persons of different religion, the consecration . . . [is] to be performed by the minister of the bridegroom. . . .

Source: [ Great Britain, Foreign Office], Supplementary Papers Relating to the Regulation of Roman Catholic Subjects in Foreign States ( 1817), pp. 50-51. German text in M. Erzberger, Die Säkularisation in Württemberg von 1802-1810 ( Stuttgart, 1902), pp. 131-133.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

F. H. Geffcken, Church and State ( London, 1877), II, 1-22.

H. Hermelink, Geschichte der evangelischen Kirche in Mirttemberg von der Reformation bis zur Gegenwart ( Stuttgart and Tüibingen, 1949), pp. 283-329.

E. Holzle, Wüttemberg in Zeitalter Napoleons und der deutschen Erhebung ( Stuttgart and Berlin, 1937), pp. 156-218.

____________________
1
Offerings to the clergy on special occasions, e.g., baptism or marriage.

-110-

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