Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview
They are forbidden to erect establishments on the said territory. Existing establishments must be disbanded within a period to be determined upon by the Bundesrat, which period shall not exceed six months.
Members of the Order of the Society of Jesus or of orders and congregations related to it may, if foreigners, be expelled from German territory. If they are Germans, they may be assigned to a specified locality, or forbidden to inhabit a specified locality.
Directions and regulations necessary to carry out this law are left to the Bundesrat.

Source: Johannes B. Kissling, Geschichte des Kulturkampfes im Deutschen Reiche ( Freiburg, Germany, 1913), 11, 461.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

References for Document 105.


107
Amendments to the Prussian Constitution April 5, 1873

A barrier to Bismarck's proposed ecclesiastical legislation was the Prussian Constitution of 1850, Articles 15 and 18. Accordingly, the chancellor secured amendments that left the constitution in a form that would support the intended May Laws. (In this text the additions have been placed in italics.)

15. The Evangelical and the Roman Catholic Church, as well as every other religious society, orders and administers its affairs independently, but remains subject to the laws of the state, and to the supervision of the state as defined by law.

Under the same conditions, every religious society remains in the possession and enjoyment of the establishments required for its public worship, for education, and for charity, and of its endowments and funds.

* * *

18. The right of nomination, presentation, election, or confirmation in connection with the filling up of ecclesiastical offices, in so far as it appertains to the state as such, and does not rest upon patronage or special legal titles, is abolished.

The above, however, does not apply to the appointments of military chaplains or of spiritual persons in public institutions.

For the rest, the competence of the state in regard to the preparatory education, to the appointment and to the dismissal of clerical persons, and servants of religion, will be determined by laws which will likewise fix the limits of ecclesiastical discipline.

-266-

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